Congress locks the Fed out of digital currency—for now
H.R. 4438 — Power of the Mint Act · Filed by Jake Auchincloss (D-MA) · Introduced Jul 16, 2025 · Referred to committee
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What it does
This bill prohibits the Federal Reserve and the Treasury Secretary from creating a central bank digital currency (CBDC)—a digital form of money issued directly by the Fed—without explicit Congressional approval. It adds two new legal barriers: one blocking the Fed from issuing CBDC on its own, and another blocking the Treasury from directing the Fed to do so. The bill asserts that only Congress has constitutional authority over money creation.
Why we flagged it
The bill's operative mechanism is a procedural lock: it requires Congressional authorization before two executive-branch entities can pursue a specific monetary technology. This is fundamentally about preserving legislative control over monetary innovation, not about the merits of CBDC itself.
What the text implies
- The bill does not ban CBDC research, pilot programs, or interagency study—only issuance. The Fed and Treasury can continue exploring CBDC without violating this statute, provided they do not issue it to the public.
- By requiring Congressional authorization, the bill shifts the burden of proof: any future CBDC would need affirmative legislative action, not just regulatory discretion. This may slow adoption but also ensures public debate.
- The definition of CBDC as 'a direct liability of the Federal Reserve' is narrow and technical. It may not cover hybrid models (e.g., private stablecoins backed by Fed reserves, or Fed-issued tokens held only by banks). Ambiguity here could invite future litigation over what counts as CBDC.
- The bill does not address state-level digital currencies or private cryptocurrencies, leaving those channels open for monetary innovation outside the Fed/Treasury framework.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill preserves Congressional oversight of a major monetary innovation, which is a democratic accountability gain. However, it also blocks a potential tool that could improve payment efficiency, financial inclusion, or monetary policy transmission—benefits that remain speculative and depend on implementation. The net civic effect is genuinely unclear: gatekeeping is good governance, but the bill forecloses a technology whose public benefits or harms are not yet proven.
Who stands to gain
- cryptocurrency and blockchain companies (by foreclosing a potential Fed competitor)
- private payment processors and fintech firms (by preserving their market space)
Named in the bill
Federal Reserve Board of Governors, Secretary of the Treasury, Congress, Federal Reserve Act of 1913, U.S. Constitution Article I Section 8
Where it stands
- Jul 16, 2025 — Introduced · Congress.gov: “Introduced in House”
- Jul 16, 2025 — Referred to House Committee on Financial Services · Congress.gov: “Referred to the House Committee on Financial Services”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (1,604 characters) on Aug 24, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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