118 HR 5403 EH: CBDC Anti-Surveillance State Act
U.S. House of Representatives
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IB
118th CONGRESS
2d Session
H. R. 5403
IN THE HOUSE OF REPRESENTATIVES
AN ACT
To amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, to prohibit the use of central bank digital currency for monetary policy, and for other purposes.
1.

Short title
This Act may be cited as the “CBDC Anti-Surveillance State Act”.
2.

Prohibition on Federal reserve banks relating to certain products or services for individuals and prohibition on directly issuing a central bank digital currency
Section 16 of the Federal Reserve Act is amended by adding at the end the following new paragraph:
“(18)
A Federal reserve bank shall not—
(A)
offer products or services directly to an individual;
(B)
maintain an account on behalf of an individual; or
(C)
issue a central bank digital currency, or any digital asset that is substantially similar under any other name or label, directly to an individual.”.
3.

Prohibition on Federal reserve banks indirectly issuing a central bank digital currency
Section 16 of the Federal Reserve Act, as amended by section 2, is further amended by adding at the end the following new paragraph:
“(19)
(A)
A Federal reserve bank shall not offer a central bank digital currency, or any digital asset that is substantially similar under any other name or label, indirectly to an individual through a financial institution or other intermediary.
(B)
Subparagraph (A) may not be construed to prohibit any dollar-denominated currency that is open, permissionless, and private, and fully preserves the privacy protections of United States coins and physical currency.”.
4.

Prohibition on the use of central bank digital currency for monetary policy
Section 16 of the Federal Reserve Act, as amended by section 3, is further amended by adding at the end the following new paragraph:
“(20)

Prohibition on the use of central bank digital currency for monetary policy
The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall not use any central bank digital currency, or any digital asset that is substantially similar under any other name or label, to implement monetary policy.”.
5.

Central bank digital currency
(a)

In general
The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting after section 16 the following:
“16A.

Central bank digital currency
(a)

In general
The Board of Governors of the Federal Reserve System may not, absent Congressional authorization, design, build, develop, establish, or issue a central bank digital currency.
(b)

Central bank digital currency defined
In this section, the term central bank digital currency means a form of digital money or monetary value, denominated in the national unit of account, that is a direct liability of the Federal Reserve System.”.
(b)

Treasury
Chapter 3 of subtitle I of title 31 of the United States Code is amended by inserting after section 316 the following:
“317.

Central bank digital currency
(a)

In general
The Secretary of the Treasury may not, absent Congressional authorization, direct the Board of Governors of the Federal Reserve System to design, build, develop, establish, or issue a central bank digital currency.
(b)

Central Bank Digital Currency defined
In this section, the term central bank digital currency means a form of digital money or monetary value, denominated in the national unit of account, that is a direct liability of the central bank.”.
6.

Protection for open, permissionless, and private currency
This Act and the amendments made by this Act shall not apply to any dollar-denominated currency that is open, permissionless, and private, and fully preserves the privacy protections of United States coins and physical currency.
7.

Sense of Congress
It is the sense of Congress that the Board of Governors of the Federal Reserve System should not be permitted to develop, create, or implement a central bank digital currency, or use any such tool to implement monetary policy.
8.

Prohibition on central bank digital currency testing
Section 16A of the Federal Reserve Act, as added by section 5, is amended by adding at the end the following:
“(C)

Prohibition on central bank digital currency testing
Unless authorized by an Act of Congress enacted after the date of the enactment of this Act, the Board of Governors of the Federal Reserve System and the Federal reserve banks may not establish, carry out, or approve a program intended to test the practicability of issuing a central bank digital currency, including by partnering or coordinating with a private sector entity to carry out such a program.”.
Passed the House of Representatives May 23, 2024.
Kevin F. McCumber,
Clerk.