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12 U.S.C. § 423 — Central bank digital currency

submitted 113 years ago by Pub. L. 119-101 to r/title-12-BANKS-AND-BANKING · 228 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans the Federal Reserve from creating a digital dollar for the public. It makes an exception for private, open digital currencies that protect privacy like cash does. The ban itself ends on December 31, 2030.

(a) Definitions
This section defines two terms. "Central bank digital currency" means a digital asset that is priced in U.S. dollars, counts as U.S. currency, is a direct debt of the Federal Reserve System, and is widely available to the public. "Digital asset" has the same meaning given to it in section 5901 of this title.

(b) Prohibition
Except as allowed by subsection (c), the Federal Reserve Board of Governors and Federal Reserve banks cannot issue or create a central bank digital currency. They also cannot issue or create any digital asset that is substantially similar to one — whether they do it directly, or indirectly through a bank or other intermediary.

(c) Exception
The ban in subsection (b) does not stop a dollar-denominated currency that is open, permissionless, and private. To qualify, it must fully preserve the same privacy protections that U.S. coins and paper money have.

(d) Sunset
This section stops being effective on December 31, 2030.

(e) Rule of construction
Nothing in this section gives the Federal Reserve Board permission to issue a central bank digital currency, or a substantially similar digital asset, on its own. Only an Act of Congress can authorize that.

the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Central bank digital currency

The term “central bank digital currency” means a digital asset that—

(A)

is denominated in United States dollars;

(B)

is a United States currency;

(C)

is a direct liability of the Federal Reserve System; and

(D)

is widely available to the general public.

(2) Digital asset

The term “digital asset” has the meaning given the term in section 5901 of this title.

(b) Prohibition

Except as provided in subsection (c), the Board of Governors of the Federal Reserve System or a Federal reserve bank may not issue or create a central bank digital currency or any digital asset that is substantially similar to a central bank digital currency directly or indirectly through a financial institution or other intermediary.

(c) Exception

Subsection (b) shall not 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) Sunset

This provisions of this section shall cease to be effective on December 31, 2030.

(e) Rule of construction

Nothing in this section shall be construed to allow the Board of Governors of the Federal Reserve System to issue a central bank digital currency or any digital asset that is substantially similar to a central bank digital currency directly or indirectly absent authorization by an Act of Congress.

Source credit: (Dec. 23, 1913, ch. 6, § 16A, as added Pub. L. 119–101, title XI, § 1101, July 11, 2026, 140 Stat. 983.)

history & why it existsrecord from the source credit
  • 1913Enacted · Pub. L. 119-101 · 140 Stat. 983

A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-101 on 1913-12-23.

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