This bill prohibits the Federal Reserve from issuing a central bank digital currency (CBDC) directly or indirectly to individuals, or using it to implement monetary policy, without explicit congressional authorization.
Tom Emmer
Representative
MN-6
The "Anti-CBDC Surveillance State Act" prohibits Federal Reserve Banks from offering financial products or services directly to individuals, maintaining accounts for individuals, or issuing a central bank digital currency (CBDC) directly or indirectly. It also blocks the Federal Reserve from testing, creating, or implementing a CBDC, or using it to implement monetary policy, without explicit congressional authorization. The bill clarifies that these restrictions do not apply to digital versions of the dollar that are open, permissionless, and private, like physical currency.
A new piece of legislation, dubbed the 'Anti-CBDC Surveillance State Act,' is looking to hit the brakes hard on any U.S. government-backed digital dollar. In plain English, this bill would stop the Federal Reserve – that's the U.S. central bank – from creating, testing, or rolling out a Central Bank Digital Currency (CBDC). It also aims to prevent the Fed from offering financial products or bank accounts directly to individuals, keeping those services firmly in the hands of private banks for now.
First off, what even is a Central Bank Digital Currency, or CBDC? Think of it like a digital version of the cash in your wallet, but instead of being issued by a commercial bank (like the money in your checking account), it would be a direct liability of the Federal Reserve. Section 4 of this bill defines it as 'a form of digital money or monetary value...denominated in the national unit of account...a direct liability of the Federal Reserve System, and...widely available to the general public.' The bill's very name, the 'Anti-CBDC Surveillance State Act,' signals a core concern: that a government-issued digital currency could become a tool for monitoring citizens' financial activities.
This bill isn't subtle; it lays down some pretty clear prohibitions. For starters, Section 2 says Federal Reserve Banks can't offer financial products or services directly to you or me, nor can they maintain accounts for individuals. So, no opening a 'FedAccount' anytime soon. More broadly, Sections 2, 3, and 4 collectively ban the Fed from issuing a CBDC, whether directly to the public or indirectly through existing banks. And it's not just about issuing – the bill would also stop the Fed from even 'testing, studying, developing, creating, or implementing' a CBDC or using one for monetary policy. That's a full stop on research and development, too.
Now, there's an interesting carve-out in Section 4. The prohibitions don't apply to 'dollar-denominated currencies that are open, permissionless, private, and preserve the privacy protections of U.S. coins and physical currency.' This sounds like it's aiming for something that acts like digital cash – anonymous and free to use. But here's the rub: creating a digital currency that's truly 'open, permissionless, private' like physical cash, and is a liability of the central bank, is a massive technical and policy puzzle. The bill doesn't spell out how that would work, leaving a big question mark over whether this exception is a genuine pathway or just a very high bar that's hard for a central bank to meet.
Beyond the specific prohibitions on the Fed, Section 5 of the bill includes a 'Sense of Congress.' This is basically Congress stating its opinion that the Federal Reserve doesn't have the authority to launch a CBDC without explicit permission from them, citing their powers under Article 1, Section 8 of the Constitution – which, among other things, gives Congress the power to 'coin Money.' This is a clear message: when it comes to potentially creating a new form of U.S. currency, Congress wants to be the one calling the shots, not the Fed acting on its own.
If this bill becomes law, the immediate impact is that the U.S. steps back from the global race to develop CBDCs, at least at the federal level. For folks concerned about financial privacy and potential government overreach through a digital dollar, this bill directly addresses those fears by trying to prevent a 'surveillance state' scenario. However, by halting even research and development (as per Section 4), it could also mean the U.S. misses out on potential benefits of a CBDC, like faster payment systems or more accessible financial services for those underserved by traditional banks. It also limits the Fed's toolbox (Section 2, Section 4) and could slow down American innovation in this space while other countries push ahead. Essentially, it's a strong move to prioritize privacy and limit central bank power in the digital currency realm, but it also means putting the brakes on exploring what a U.S. CBDC could offer.