[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1318 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
April 29, 2026.
Resolved, That the bill from the Senate (S. 1318) entitled ``An Act
to direct the American Battle Monuments Commission to establish a
program to identify American-Jewish servicemembers buried in United
States military cemeteries overseas under markers that incorrectly
represent their religion and heritage, and for other purposes.'', do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This Act may be cited as the ``Foreign
Intelligence Accountability Act'' and the ``Anti-CBDC Surveillance
State Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short titles; table of contents.
TITLE I--FOREIGN INTELLIGENCE ACCOUNTABILITY ACT
Sec. 101. Civil liberties review of FBI queries.
Sec. 102. Criminal penalties for violation of prohibition on queries.
Sec. 103. Requirement for targeting United States persons under the
Foreign Intelligence Surveillance Act of
1978.
Sec. 104. Attendance procedures for Member access to the Foreign
Intelligence Surveillance Court and Foreign
Intelligence Surveillance Court of Review.
Sec. 105. Requirement for attorney approval of FBI queries using United
States person query term.
Sec. 106. Government Accountability Office audit of targeting
procedures under section 702 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 107. Extension of authorities of title VII of the Foreign
Intelligence Surveillance Act of 1978.
TITLE II--ANTI-CBDC SURVEILLANCE STATE ACT
Sec. 201. Short title.
Sec. 202. Prohibition on Federal reserve banks relating to certain
products or services for individuals and
prohibition on directly issuing a central
bank digital currency.
Sec. 203. Prohibition on Federal reserve banks indirectly issuing a
central bank digital currency.
Sec. 204. Prohibition with respect to central bank digital currency.
Sec. 205. Sense of Congress.
TITLE I--FOREIGN INTELLIGENCE ACCOUNTABILITY ACT
SEC. 101. CIVIL LIBERTIES REVIEW OF FBI QUERIES.
(a) Requirement.--Subsection (f)(3) of section 702 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
(1) in subparagraph (D)--
(A) by redesignating clauses (iv) through (vi) as
clauses (v) through (vii), respectively;
(B) by inserting after clause (iii) the following
new clause:
``(iv) Monthly civil liberties review.--A
requirement that the Federal Bureau of
Investigation, on a monthly basis, provides to
the Civil Liberties Protection Officer within
the Office of the Director of National
Intelligence the written statements regarding
each United States person query submitted in
the previous month under clause (iii).'';
(C) in clause (vi), as so redesignated, by striking
``(iv)'' and inserting ``(v)''; and
(D) by conforming the margin of clause (vii), as so
redesignated, to the margin of the other clauses; and
(2) by adding at the end the following new subparagraph:
``(E) Civil liberties reviews and investigations.--
``(i) Civil liberties protection officer.--
The Civil Liberties Protection Officer within
the Office of the Director of National
Intelligence shall review each written
statement regarding a United States person
query submitted under subparagraph (D)(iv) to
determine whether the query meets the standards
required by the procedures adopted under
paragraph (1). If the Civil Liberties
Protection Officer determines that the query
did not meet such standards or there exists
possible abuses of civil liberties and privacy,
the Civil Liberties Protection Officer shall
refer the query to the Inspector General of the
Intelligence Community.
``(ii) Inspector general of the
intelligence community.--The Inspector General
of the Intelligence Community shall determine
whether each query referred under clause (i)
constitutes a violation of laws, rules, or
regulations or an abuse of authority.''.
(b) Conforming Amendments.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended--
(1) in section 103D (50 U.S.C. 3029)--
(A) in subsection (b)--
(i) in paragraph (6), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating paragraph (7) as
paragraph (8); and
(iii) by inserting after paragraph (6) the
following new paragraph (7):
``(7) review each written statement submitted to the Civil
Liberties Protection Officer under section 702(f)(3) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a(f)(3)); and''; and
(B) in subsection (c), by inserting before the
period at the end the following: ``, and, based on the
reviews specified in paragraph (7) of such subsection,
shall make referrals to the Inspector General of the
Intelligence Community under section 702(f)(3) of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881a(f)(3))''; and
(2) in section 103H(g)(3)(A) (50 U.S.C. 3033(g)(3)(A)), by
inserting after ``and safety'' the following: ``(including with
respect to referrals from the Civil Liberties Protection
Officer pursuant to section 702(f)(3) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a(f)(3))''.
SEC. 102. CRIMINAL PENALTIES FOR VIOLATION OF PROHIBITION ON QUERIES.
(a) In General.--Section 709 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881h) is amended--
(1) in the heading, by striking ``unauthorized disclosure''
and inserting ``unauthorized disclosure and other actions'';
(2) in subsection (a)--
(A) by striking ``if that person knowingly'' and
inserting the following: ``if that person--''
``(1) knowingly'';
(B) by striking ``party.'' and inserting
``party;''; and
(C) by adding at the end the following new
paragraphs:
``(2) while serving as an employee or officer of the
Federal Bureau of Investigation, knowingly and willfully
violates the querying procedures adopted under section
702(f)(1)(A) relating to United States person queries; or
``(3) knowingly and willfully falsifies or materially
misrepresents complying with the procedures or requirements for
querying information acquired under section 702(a).''; and
(3) in subsection (b)--
(A) by striking ``offense in this section'' and
inserting the following: ``offense--
``(1) in paragraph (1) of subsection (a)'';
(B) by striking ``title 18'' and inserting ``title
18, United States Code'';
(C) by striking ``both.'' and inserting ``both;
and''; and
(D) by adding at the end the following new
paragraph:
``(2) in paragraph (2) or (3) of subsection (a), shall be
fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.''.
(b) Table of Contents Amendment.--The table of contents at the
beginning of such Act is amended by striking the item relating to
section 709 and inserting the following new item:
``Sec. 709. Penalties for unauthorized disclosure and other actions.''.
SEC. 103. REQUIREMENT FOR TARGETING UNITED STATES PERSONS UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 702 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a) is amended by adding at the end the following new
subsection:
``(o) Fourth Amendment Requirement for Targeting United States
Persons.--
``(1) Prohibition on targeting united states persons.--In
accordance with subsection (b), no officer or employee of the
United States Government may intentionally target a United
States person for an acquisition under section 702.
``(2) Order requirements for targeting united states
persons.--In accordance with the other provisions of this Act
and the Federal Rules of Criminal Procedure, with respect to a
United States person, the United States Government may seek--
``(A) an order authorizing electronic surveillance
in accordance with title I;
``(B) an order authorizing a physical search in
accordance with title III;
``(C) an order authorizing an acquisition in
accordance with section 703, 704, or 705; or
``(D) a warrant issued pursuant to the Federal
Rules of Criminal Procedure by a court of competent
jurisdiction.''.
SEC. 104. ATTENDANCE PROCEDURES FOR MEMBER ACCESS TO THE FOREIGN
INTELLIGENCE SURVEILLANCE COURT AND FOREIGN INTELLIGENCE
SURVEILLANCE COURT OF REVIEW.
Not later than 60 days after the date of the enactment of this Act,
the Attorney General shall--
(1) revoke the procedures issued by the Attorney General on
or before December 31, 2025, pursuant to section 5(d) of the
Reforming Intelligence and Securing America Act (Public Law
118-49; 50 U.S.C. 1803 note); and
(2) issue new procedures that comply with such section and
ensure the access of the Members of Congress and staff
specified in such section to any proceeding of the Foreign
Intelligence Surveillance Court or any proceeding of the
Foreign Intelligence Surveillance Court of Review.
SEC. 105. REQUIREMENT FOR ATTORNEY APPROVAL OF FBI QUERIES USING UNITED
STATES PERSON QUERY TERM.
Section 702(f)(3)(A)(i) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881a(f)(3)(A)(i)) is amended by striking
``supervisor (or employee of equivalent or greater rank) or''.
SEC. 106. GOVERNMENT ACCOUNTABILITY OFFICE AUDIT OF TARGETING
PROCEDURES UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) Audit.--The Comptroller General of the United States shall
conduct an audit of the targeting procedures used for acquisitions
under section 702 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a), including the technical mechanisms, implementation,
and operations used by the Federal Government for targeting
capabilities.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Permanent Select Committee on Intelligence and the Committee on the
Judiciary of the House of Representatives and the Select Committee on
Intelligence and the Committee on the Judiciary of the Senate a report
containing the results of the audit required by subsection (a),
including an analysis of whether the targeting procedures as
implemented are appropriately limiting targeting under section 702 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) to
non-United States persons located outside of the United States.
SEC. 107. EXTENSION OF AUTHORITIES OF TITLE VII OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Extension of Repeal Date of Title VII.--Section 403(b) of the
FISA Amendments Act of 2008 (Public Law 110-261), as most recently
amended by Public Law 119-84, is further amended--
(1) in paragraph (1) (50 U.S.C. 1881 note) by striking
``April 30, 2026'' and inserting ``April 30, 2029''; and
(2) in paragraph (2) (18 U.S.C. 2511 note), in the matter
preceding subparagraph (A), by striking ``April 30, 2026'' and
inserting ``April 30, 2029''.
(b) Effective Date.--The amendments made by this section shall take
effect on the earlier of the date of the enactment of this Act or April
29, 2026.
TITLE II--ANTI-CBDC SURVEILLANCE STATE ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Anti-CBDC Surveillance State
Act''.
SEC. 202. 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 (12 U.S.C. 411 et seq.) is
amended by adding at the end the following new paragraph:
``(18)(A) A Federal reserve bank may not--
``(i) offer financial products or services directly to an
individual;
``(ii) maintain an account on behalf of an individual; or
``(iii) issue a central bank digital currency, or any digital asset
that is substantially similar under any other name or label.
``(B) In this paragraph, the term `central bank digital currency'
has the meaning given that term under section 10(11)(D).''.
SEC. 203. PROHIBITION ON FEDERAL RESERVE BANKS INDIRECTLY ISSUING A
CENTRAL BANK DIGITAL CURRENCY.
Section 16 of the Federal Reserve Act (12 U.S.C. 411 et seq.), as
amended by section 2, is further amended by adding at the end the
following paragraph:
``(19)(A) A Federal reserve bank may 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) In this paragraph, the term `central bank digital currency'
has the meaning given that term under section 10(11)(D).''.
SEC. 204. PROHIBITION WITH RESPECT TO CENTRAL BANK DIGITAL CURRENCY.
Section 10 of the Federal Reserve Act (12 U.S.C. 241 et seq.) is
amended by inserting before paragraph (12) the following:
``(11) Prohibition with respect to central bank digital
currency.--
``(A) In general.--The Board of Governors of the
Federal Reserve System may not test, study, develop,
create, or implement a central bank digital currency,
or any digital asset that is substantially similar
under any other name or label.
``(B) Monetary policy.--The Board of Governors of
the Federal Reserve System and the Federal Open Market
Committee may not use a central bank digital currency
to implement monetary policy, or any digital asset that
is substantially similar under any other name or label.
``(C) Exception.--Subparagraph (A) and sections
16(18)(A)(iii) and 16(19)(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.
``(D) Central bank digital currency defined.--In
this paragraph, the term `central bank digital
currency' means a form of digital money or monetary
value that is--
``(i) denominated in the national unit of
account;
``(ii) a direct liability of the Federal
Reserve System; and
``(iii) widely available to the general
public.''.
SEC. 205. SENSE OF CONGRESS.
It is the sense of Congress that the Board of Governors of the
Federal Reserve System currently does not have the authority to issue a
central bank digital currency, or any digital asset that is
substantially similar under any other name or label, and will not have
such authority unless Congress grants it under Congress's Article 1
Section 8 powers.
Attest:
Clerk.
119th CONGRESS
2d Session
S. 1318
_______________________________________________________________________
AMENDMENT