H.R. 5403House118th Congress (2023-2025)Passed House

CBDC Anti-Surveillance State Act

Sponsored by Tom EmmerRep. Tom Emmer (R-MN)
Introduced September 12, 2023

AI-Generated Summary

Updated January 20, 2026 at 11:14 AM UTC

The CBDC Anti‑Surveillance State Act amends the Federal Reserve Act to forbid the Federal Reserve and the Treasury from creating, issuing, or using a central‑bank digital currency (CBDC). It also stops Federal Reserve banks from offering any products or services directly to individuals, including maintaining personal accounts or providing CBDCs, even indirectly through other financial institutions. The law applies to the Federal Reserve System and its Board, while exempting open, permissionless, private dollar‑denominated currencies that preserve cash‑like privacy.

Key Provisions

  • Prohibits Federal Reserve banks from offering products or services directly to individuals, maintaining individual accounts, or issuing a CBDC directly to anyone.
  • Bars Federal Reserve banks from providing a CBDC indirectly through other financial institutions, with an exemption for open, permissionless private dollar‑denominated currencies.
  • Prevents the Federal Reserve Board and the Federal Open Market Committee from using any CBDC for monetary‑policy actions.
  • Requires explicit congressional authorization before the Federal Reserve or Treasury can design, develop, or issue a CBDC.
  • Disallows any testing or pilot programs for a CBDC unless later authorized by Congress.
  • Specifies that the prohibitions do not apply to open, permissionless, private dollar‑denominated currencies that preserve the privacy protections of physical cash.

Legislative Activity

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24 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

June 3, 2024

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HouseIntro Referral

Introduced in House

September 12, 2023

HouseIntro Referral

Referred to the House Committee on Financial Services.

September 12, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

September 20, 2023

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 27 - 20.

September 20, 2023

HouseCommittee

Reported (Amended) by the Committee on Financial Services. H. Rept. 118-493.

May 7, 2024

HouseCalendars

Placed on the Union Calendar, Calendar No. 409.

May 7, 2024

HouseFloor

Rules Committee Resolution H. Res. 1243 Reported to House. Rule provides for consideration of H.R. 4763, H.R. 5403 and H.R. 192. The resolution provides for one hour of debate on each bill. H.R. 4763 and H.R. 5403 are considered under a structured rule and H.R. 192 is considered under a closed rule. The resolution provides for one motion to recommit on each bill.

May 21, 2024 • 8:01 PM

HouseFloor

Considered under the provisions of rule H. Res. 1243. (consideration: H3496-3509)

May 23, 2024 • 11:29 AM

HouseFloor

Rule provides for consideration of H.R. 4763, H.R. 5403 and H.R. 192. The resolution provides for one hour of debate on each bill. H.R. 4763 and H.R. 5403 are considered under a structured rule and H.R. 192 is considered under a closed rule. The resolution provides for one motion to recommit on each bill.

May 23, 2024 • 11:29 AM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1243 and Rule XVIII.

May 23, 2024 • 11:29 AM

HouseFloor

The Speaker designated the Honorable Clay Higgins to act as Chairman of the Committee.

May 23, 2024 • 11:29 AM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5403.

May 23, 2024 • 11:30 AM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1243, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 1.

May 23, 2024 • 12:36 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Ogles amendment No. 1, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Waters demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

May 23, 2024 • 12:44 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1243, the Committee of the Whole proceeded with 10 minutes of debate on the Mooney amendment No. 2.

May 23, 2024 • 12:45 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Mooney amendment No. 2, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Waters demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

May 23, 2024 • 12:54 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1243, the Committee of the Whole proceeded with 10 minutes of debate on the Davidson amendment No. 3.

May 23, 2024 • 12:55 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Davidson amendment No. 3, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Waters demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

May 23, 2024 • 1:00 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5403.

May 23, 2024 • 1:44 PM

HouseFloor

The previous question was ordered pursuant to the rule.

May 23, 2024 • 1:45 PM

HouseFloor

The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.

May 23, 2024 • 1:45 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 216 - 192 (Roll no. 230).

May 23, 2024 • 1:52 PM

HouseFloor

On passage Passed by recorded vote: 216 - 192 (Roll no. 230).

May 23, 2024 • 1:52 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 23, 2024 • 1:52 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

June 3, 2024

Floor Debate

24 members

What members said about H.R. 5403 on the floor

17 Republicans7 Democrats
Maxine Waters
Rep. Maxine WatersD-CA-43 · May 23, 2024

Madam Chair, I yield myself such time as I may consume. Madam Chair, I rise in strong opposition to H.R. 5403, which would not only prohibit the issuance of a central bank digital currency, or CBDC,…

Erin Houchin
Rep. Erin HouchinR-IN-9 · May 22, 2024

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1243 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Patrick T. McHenry
Rep. Patrick T. McHenryR-NC-10 · May 23, 2024

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill, H.R. 5403. Mr. Chairman, I…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · May 23, 2024

Madam Chair, I rise in strong support of banning central bank digital currency. Why do we do this? As Congressman Hill pointed out, Congress clearly has the Article I authority under the United…

James P. McGovern
Rep. James P. McGovernD-MA-2 · May 22, 2024

Mr. Speaker, I thank the gentlewoman from Indiana for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, there is really not much to say. If you were to…

Show 8 more
Brad Sherman
Rep. Brad ShermanD-CA-32 · May 23, 2024

Madam Chair, today the gross hypocrisy of crypto advocates is exposed. For several years, they were screaming: Don't touch crypto because it is innovative, and innovation is wonderful, and innovation…

Tom Emmer
Rep. Tom EmmerR-MN-6 · May 23, 2024

Madam Chair, these last 2 weeks have been historic for financial innovation in Congress. Adoption of SAB 121, the resolution by both Chambers, and bipartisan passage of the Financial Innovation and…

J. French Hill
Rep. J. French HillR-AR-2 · May 23, 2024

Madam Chair, I rise in support of the Central Bank Anti- Surveillance State Act. The Constitution and the Federal Reserve Act of 1913 create the foundation of our money and our economic policy in…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · May 22, 2024

Mr. Speaker, I thank the gentlewoman from Indiana for yielding time. It is great to finally get to make a speech here. Mr. Speaker, I am a strong supporter of the legislation being considered under…

Alexander X. Mooney
Rep. Alexander X. MooneyR-WV-2 · May 23, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, I yield myself such time as I may consume. Mr. Chair, a central bank digital currency, or digital dollar, represents one of the greatest…

Andrew Ogles
Rep. Andrew OglesR-TN-5 · May 23, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, my amendment adds the sense of Congress that the Board of Governors of the Federal Reserve System should not be permitted to develop, create, or…

James A. Himes
Rep. James A. HimesD-CT-4 · May 23, 2024

Madam Chair, wow, the oppressed citizens of Canada, really? We have gone into conspiracy world here in what was otherwise a trajectory of remarkable bipartisan work on this new strange world of…

Marjorie Taylor Greene
Rep. Marjorie Taylor GreeneR-GA-14 · May 23, 2024

Mr. Chair, I rise in support of the CBDC Anti- Surveillance State Act. This would prohibit unelected bureaucrats at the Federal Reserve from issuing a central bank digital currency that would destroy…

Show 11 more
Celeste Maloy
Rep. Celeste MaloyR-UT-2 · May 23, 2024

Mr. Chair, I rise to support the passage of H.R. 5403, the CBDC Anti-Surveillance State Act, which I cosponsor. If improperly implemented, a CBDC can compete with private financial intermediaries,…

Keith Self
Rep. Keith SelfR-TX-3 · May 23, 2024

Mr. Chair, I rise in support of the CBDC Anti-Surveillance State Act. We must prohibit the Federal Reserve from issuing this currency. If you don't want to talk about China, let's talk about the…

Scott Perry
Rep. Scott PerryR-PA-10 · May 23, 2024

Madam Chair, I thank the chairman of the committee for yielding. In a rarity of Congress, the title of this bill actually reflects both the content and the gravity of the subject at hand. Many of my…

Jake Auchincloss
Rep. Jake AuchinclossD-MA-4 · May 23, 2024

Madam Chair, the Framers of the Constitution understood the importance of a strong and stable national currency, which is why Article I, Section 8, grants Congress the exclusive power to coin money…

Roger Williams
Rep. Roger WilliamsR-TX-25 · May 23, 2024

Mr. Chair, I rise today in support of H.R. 5403, the CBDC Anti-Surveillance State Act. This necessary legislation would prevent the Federal Reserve from issuing a central bank digital currency to…

Mike Flood
Rep. Mike FloodR-NE-1 · May 23, 2024

Mr. Chair, this bill is necessary because a retail central bank digital currency would be a terrifying and powerful tool in the hands of any government entity. I would like everybody in this Chamber…

Bill Huizenga
Rep. Bill HuizengaR-MI-4 · May 23, 2024

Mr. Chair, last Congress, as a member of the Digital Assets Working Group, we established clear principles on how any proposed CBDC proposal should be evaluated. First, the U.S. dollar must remain…

John W. Rose
Rep. John W. RoseR-TN-6 · May 22, 2024

Mr. Speaker, I rise in support of H.R. 5403, the CBDC Anti- Surveillance State Act, a bill I was proud to cosponsor. I thank Majority Whip Tom Emmer and Chairman McHenry of the House Financial…

Frank D. Lucas
Rep. Frank D. LucasR-OK-3 · May 23, 2024

Mr. Chair, I thank Chairman McHenry and Whip Emmer for being leaders on digital asset policy and specifically for this legislation preventing a Federal Reserve bank from offering central bank digital…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · May 23, 2024

Mr. Speaker, had I been present for the vote today on Roll Call No. 227, Ogles Amendment No. 1, I would have voted ``no.'' Had I been present for the vote on Roll Call No. 228, Mooney Amendment No.…

Stephen F. Lynch
Rep. Stephen F. LynchD-MA-8 · May 23, 2024

Madam Chair, I thank the gentlewoman from California for yielding. As the ranking member of the Subcommittee on Digital Assets, I rise in strong opposition to H.R. 5403, the so-called CBDC…

Bill Text

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Referred in SenateIssued June 3, 2024

IIB

118th CONGRESS

2d Session

H. R. 5403

IN THE SENATE OF THE UNITED STATES

June 3, 2024

Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs

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.