March 6, 2025
Mr. Emmer (for himself, Mr. Hill of Arkansas, Mr. Moolenaar, Mr. Hudson, Mr. Ogles, Mr. Bost, Mr. Scott Franklin of Florida, Ms. Greene of Georgia, Mr. Biggs of Arizona, Mr. Cloud, Mr. Flood, Mr. Gosar, Mrs. Kim, Mr. Meuser, Mr. Davidson, Mr. Kiley of California, Mr. Donalds, Mr. Fitzgerald, Mrs. Luna, Mr. Garbarino, Mr. Lucas, Mr. Sessions, Mr. Huizenga, Mrs. Wagner, Mr. Barr, Mr. Williams of Texas, Mr. Loudermilk, Mr. Rose, Mr. Steil, Mr. Timmons, Mr. Norman, Mr. Lawler, Ms. De La Cruz, Mr. Nunn of Iowa, Ms. Salazar, Mr. Haridopolos, Mr. Downing, Mr. Moore of North Carolina, Mr. Bacon, Mr. Brecheen, Mr. Kelly of Pennsylvania, Mr. Grothman, Ms. Mace, Mr. Reschenthaler, Mr. Rogers of Alabama, Mr. Rouzer, Mr. Valadao, Mr. Van Drew, Mr. Weber of Texas, Mrs. Houchin, Ms. Hageman, Mr. Langworthy, Mr. Gooden, Mr. Finstad, Mrs. Fischbach, Mr. Bean of Florida, Mr. Amodei of Nevada, Mr. Graves, Mrs. Harshbarger, Mr. Crane, Mr. Ciscomani, Mr. Baird, Mr. Kelly of Mississippi, Mrs. Cammack, Mr. Fleischmann, Mr. Murphy, Mrs. Bice, Mr. Carter of Texas, Mr. Johnson of South Dakota, Mr. Clyde, Mr. Tiffany, Mr. Bergman, Ms. Van Duyne, Mr. Collins, Mr. Latta, Mr. Crenshaw, Mr. Ellzey, Mr. Issa, Mr. Owens, Mr. Perry, Mr. Zinke, Mr. Higgins of Louisiana, Mrs. Hinson, Mr. Balderson, Mr. McCormick, Mr. Carey, Mr. Wittman, Mr. Roy, Mr. McCaul, Mr. Rutherford, Mr. Smith of Nebraska, Ms. Tenney, Mr. Crank, Mr. Baumgartner, Mr. Mackenzie, Mr. McDowell, Mr. Messmer, Mr. Schmidt, Mr. Taylor, Mr. Gill of Texas, and Mr. Guest) introduced the following bill; which was referred to the Committee on Financial Services
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.
Section 1. Short title
This Act may be cited as the Anti-CBDC Surveillance State Act
.
Sec. 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)
A Federal reserve bank may not—
(i)
offer products or services directly to an individual;
(ii)
maintain an account on behalf of an individual; or
(iii)
issue a central bank digital currency, or any digital asset that is substantially similar under any other name or label.
(B)
In this paragraph, the term
central bank digital currencyhas the meaning given that term under section 10(11)(D).
Sec. 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 paragraph:
(19)
(A)
A Federal reserve bank may 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)
In this paragraph, the term
central bank digital currencyhas the meaning given that term under section 10(11)(D).
Sec. 4. Prohibition with respect to central bank digital currency
Section 10 of the Federal Reserve Act (12 U.S.C. 241 et seq.) is amended by inserting before paragraph (12) the following:
(11) Prohibition with respect to central bank digital currency
(A) In general
The Board of Governors of the Federal Reserve System may not test, study, develop, create, or implement a central bank digital currency, or any digital asset that is substantially similar under any other name or label.
(B) Monetary policy
The Board of Governors of the Federal Reserve System and the Federal Open Market Committee may not use a central bank digital currency to implement monetary policy, or any digital asset that is substantially similar under any other name or label.
(C) Exception
Subparagraph (A) and sections 16(18)(A)(iii) and 16(19)(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.
(D) Central bank digital currency defined
In this paragraph, the term
central bank digital currencymeans a form of digital money or monetary value that is—(i)
denominated in the national unit of account;
(ii)
a direct liability of the Federal Reserve System; and
(iii)
widely available to the general public.
Sec. 5. Sense of Congress
It is the sense of Congress that the Board of Governors of the Federal Reserve currently does not have the authority to issue a central bank digital currency, or any digital asset that is substantially similar under any other name or label, and will not have such authority unless Congress grants it under Congress’s Article 1 Section 8 powers.