Us Congress 2023-2024 Regular Session

Us Congress House Bill HB5410

Introduced
9/12/23  

Caption

ECASH Act Electronic Currency And Secure Hardware Act

Impact

If enacted, the ECASH Act will modify various existing financial regulations and introduce new frameworks surrounding digital transactions. The bill will ensure that e-cash is recognized as legal tender, requiring the Federal Government to accept it for various payments, including taxes and fees, thus promoting its widespread acceptance. It will also preempt conflicting state laws to streamline consumer protections and establish uniformity in implementation across the states, thereby enhancing the consistency of financial transactions in the digital realm. Furthermore, the incorporation of secure hardware devices aims to prevent unauthorized use and protect user data.

Summary

House Bill 5410, known as the ECASH Act, proposes the establishment of a digital dollar designed to maintain the privacy-respecting features of physical cash. This bill mandates the Secretary of the Treasury to develop and pilot electronic currency technologies that would allow the general public to use this 'e-cash' while ensuring minimal data retention during transactions. This reflects a significant shift towards embracing technological innovations in payment systems while trying to protect citizens' privacy rights, consistent with traditional currency transactions.

Contention

Significant discussions around the ECB Act have raised concerns over issues pertaining to privacy, regulatory oversight, and the technological feasibility of implementing such a currency. Critics express apprehension that while the bill promotes financial inclusion and privacy, it could also lead to potential governmental overreach in monitoring digital transactions if systems are not appropriately regulated. Moreover, there are questions about the infrastructural requirements and the costs associated with transitioning to a digital currency framework, particularly regarding the socioeconomic impact on underserved populations.

Companion Bills

No companion bills found.

Previously Filed As

US HB1059

Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023 SECURE Notarization Act of 2023

US SB967

No CBDC Act No Central Bank Digital Currency Act

US HB5024

Youth, Peace, and Security Act of 2023

US SB156

Accountability Through Electronic Verification Act

US HB4552

Federal Information Security Modernization Act of 2024

US HB5403

CBDC Anti-Surveillance State Act

US HB2809

EHR Program RESET Act of 2023 Electronic Health Record Program Restructure, Enhance, Strengthen, and Empower Technology Act of 2023

US HB2891

SAFE Banking Act of 2023 Secure And Fair Enforcement Banking Act of 2023

US HB3935

Securing Growth and Robust Leadership in American Aviation Act

US HB389

Preventing Opportunistic Returns on Trades and Futures by Officials, Leadership, and Individuals in Office Act or the PORTFOLIO Act This bill generally prohibits federal employees and officials from owning or trading in synthetic assets (i.e., tokenized derivatives). It also establishes financial disclosure requirements with respect to cryptocurrency. Specifically, the bill prohibits federal employees, Members of Congress, the President, and Vice President from owning or trading investments in a security, a commodity, a future, cryptocurrency, or any comparable economic interest acquired through synthetic means, such as through a derivative. Such investments must be divested through gift or donation, cashing out, or a qualified blind trust. The appropriate ethics office may grant temporary exemptions in certain situations, such as for preexisting complex financial arrangements from which investments cannot be withdrawn, and may assess fees for violations. The Department of Justice may also bring civil actions for violations. The bill also (1) incorporates cryptocurrency and other digital assets into current financial disclosure requirements; (2) modifies the categories and timelines for financial disclosures; and (3) requires agencies, ethics offices, and the Department of Justice to regularly report on violations of this bill and other related requirements.

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