Sec. 2. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term appropriate Federal banking agency has the meaning given that term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). The term Bank Secrecy Act means— section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ); chapter 2 of title I of Public Law 91–508 ( 12 U.S.C. 1951 et seq. ); and subchapter II of chapter 53 of title 31, United States Code. The term Board means the Board of Governors of the Federal Reserve System. The term Comptroller means the Comptroller of the Currency.

The term Corporation means the Federal Deposit Insurance Corporation. The terms Federal credit union , insured credit union , and State credit union have the meanings given those terms, respectively, in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ). The term digital asset means any digital representation of value which is recorded on a cryptographically-secured distributed ledger. The term distributed ledger means technology where data is shared across a network that creates a public digital ledger of verified transactions or information among network participants and the data is linked using cryptography to maintain the integrity of the public digital ledger and execute other functions.

The term Federal qualified nonbank payment stablecoin issuer means a subsidiary of a nonbank entity approved by the primary Federal payment stablecoin regulator, pursuant to section 5, to issue payment stablecoins. With respect to a permitted payment stablecoin issuer, the term institution-affiliated party means any director, officer, employee, or person in control of, or agent for, the permitted payment stablecoin issuer. The term insured depository institution means— an insured depository institution, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and an insured credit union.

The term monetary value — means— a national currency; a deposit (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )) that is denominated in a national currency; or an account (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )); and does not include any agricultural or other physical commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ). The term national currency means a Federal Reserve note, (as the term is used in the first undesignated paragraph of section 16 of the Federal Reserve Act ( 12 U.S.C. 411 )), money standing to the credit of an account with a Federal reserve bank, money issued by a central bank, and money issued by an intergovernmental organization pursuant to an agreement by one or more governments.

The term nonbank entity means a person that is not an insured depository institution or subsidiary of an insured depository institution. The term payment stablecoin means a digital asset— that is or is designed to be used as a means of payment or settlement; that is denominated in a national currency; the issuer of which— is obligated to convert, redeem, or repurchase for a fixed amount of monetary value; or represents that the digital asset will maintain or creates the reasonable expectation that the digital asset will maintain a stable value relative to the value of a fixed amount of monetary value; and that is not— a national currency; a security issued by— an investment company registered under section 8(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8(a) ); or a person that would be an investment company under the Investment Company Act of 1940 but for paragraphs

(1)and

(7)of section 3(c) of that Act ( 15 U.S.C. 80a–3(c) ); a deposit (as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )), regardless of the technology used to record such deposit; or an account (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )), regardless of the technology used to record such account. The term permitted payment stablecoin issuer means— a subsidiary of an insured depository institution that has been approved to issue payment stablecoins under section 5; a Federal qualified nonbank payment stablecoin issuer; or a State qualified payment stablecoin issuer. The term person means an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity. The term primary Federal payment stablecoin regulator means— with respect to an insured depository institution (other than an insured credit union) or a subsidiary of an insured depository institution (other than an insured credit union), the appropriate Federal banking agency of such insured depository institution; with respect to an insured credit union or a subsidiary of an insured credit union, the National Credit Union Administration; with respect to a Federal qualified nonbank payment stablecoin issuer and any nonbank entity that seeks to have a subsidiary approved as a Federal qualified nonbank payment stablecoin issuer, the Comptroller; and with respect to any entity chartered by the Comptroller, the Comptroller. The term primary Federal payment stablecoin regulators means the Comptroller, the Board, the Corporation, and the National Credit Union Administration. The term registered public accounting firm has the meaning given that term under section 2 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7201 ). The term State means each of the several States, the District of Columbia, and each territory of the United States. The term State qualified payment stablecoin issuer means an entity that— is approved to issue payment stablecoins by a State payment stablecoin regulator; issues a payment stablecoin in compliance with the laws and regulations of a State regulatory regime certified under section 4(b); and is not— chartered by the Comptroller; a Federal credit union; or a subsidiary of a State credit union that— has at least a partial ownership interest or loan from a Federal credit union; or has at least a partial ownership interest or loan from a State credit union that is organized in a different State than such subsidiary. The term State payment stablecoin regulator means— a State agency that has primary regulatory and supervisory authority in such State over entities that issue payment stablecoins; and with respect to a State qualified payment stablecoin issuer that is a subsidiary of a State-chartered depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )) or a State credit union, the State agency that has primary regulatory and supervisory authority over entities that issue payment stablecoins in the State in which such State-chartered depository institution or State credit union is chartered. With respect to an insured credit union, the term subsidiary of an insured credit union means— an organization providing services to the insured credit union that are associated with the routine operations of credit unions, as described under section 107(7)(I) of the Federal Credit Union Act ( 12 U.S.C. 1757(7)(I) ); a credit union service organization, as such term is used under part 712 of title 12, Code of Federal Regulations, with respect to which the insured credit union has an ownership interest or to which the insured credit union has extended a loan; and any subsidiary of an insured credit union that is a State credit union.

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