H.R. 9115

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9115 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 9115

To amend the FISA Amendments Act of 2008 to extend the authorities of 
title VII of the Foreign Intelligence Surveillance Act of 1978, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 3, 2026

Mr. Higgins of Louisiana introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the 
Committees on Intelligence (Permanent Select), and Financial Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
the committee concerned

_______________________________________________________________________

A BILL

To amend the FISA Amendments Act of 2008 to extend the authorities of 
title VII of the Foreign Intelligence Surveillance Act of 1978, and for 
other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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 119-87, is further amended--
(1) in paragraph (1) (50 U.S.C. 1881 note) by striking 
``June 12, 2026'' and inserting ``June 12, 2029''; and
(2) in paragraph (2) (18 U.S.C. 2511 note), in the matter 
preceding subparagraph (A), by striking ``June 12, 2026'' and 
inserting ``June 12, 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 June 
11, 2026.

SEC. 2. WARRANT REQUIREMENT FOR ACQUISITION OF COMMUNICATIONS OF UNITED 
STATES PERSONS.

(a) Requirement.--Paragraph (1) of subsection (n) of section 702 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is 
amended to read as follows:
``(1) Restriction.--The Federal Bureau of Investigation may 
not ingest unminimized information acquired under this section 
into its analytic repositories unless--
``(A) the targeted person is relevant to an 
existing, open, predicated full national security 
investigation by the Federal Bureau of Investigation; 
and
``(B) in the case of communications of a United 
States person acquired while targeting a person for an 
acquisition under subsection (a) who is not a United 
States person, if the target of the investigation is 
such United States person and the investigation is 
supported by probable cause that such United States 
person is a foreign power or an agent of a foreign 
power.''.
(b) Requirement.--Section 702 of such Act is further amended by 
adding at the end the following new subsection:
``(o) Limitations on Acquisition of Communications of United States 
Persons.--
``(1) Prohibition.--Pursuant to subsection (b), no officer 
or employee of the United States Government may intentionally 
target for acquisition the communications of a United States 
person pursuant to an authorization issued under subsection 
(a). Pursuant to other provisions of this Act and the Federal 
Rules of Criminal Procedure, the Government may seek a warrant 
or other appropriate order supported by a probable cause 
showing to target for collection the communications of a United 
States person if there exists probable cause that the United 
States person to whom such communications relate--
``(A) is a foreign power or an agent of foreign 
power, in which circumstances the Government may seek 
authorization for electronic surveillance in accordance 
with title I, a physical search in accordance with 
title III, or for acquisitions in accordance with 
section 703, 704, or 705; or
``(B) is committing or has committed a crime, in 
which circumstances the Government may seek a warrant 
issued pursuant to the Federal Rules of Criminal 
Procedure by a court of competent jurisdiction.
``(2) Procedures and standards.--The Attorney General and 
the Director of National Intelligence shall jointly establish 
procedures and standards for officers and employees of the 
United States Government to determine the existence of probable 
cause described in paragraph (1).
``(3) Periodic review.--
``(A) Requirement.--Not less frequently than once 
every 90 days, the Foreign Intelligence Surveillance 
Court shall conduct a review of the implementation of 
this subsection.
``(B) Scope of review.--Each review under 
subparagraph (A) shall include the following:
``(i) An assessment of whether the 
ingestion, retention, query, or other use of 
information acquired under subsection (a) 
concerning a United States person is in 
compliance with subsection (n)(1) and 
paragraphs (1) and (2) of this subsection.
``(ii) An evaluation of the adequacy of, 
and the application of, the minimization and 
querying procedures under this section.
``(iii) A review of the compliance of each 
element of the intelligence community with 
respect to making such queries.
``(iv) An identification of any incidents 
of noncompliance, including the scope, 
duration, and remedial actions taken.
``(C) Report.--On a quarterly basis, the Court 
shall submit to the Speaker of the House of 
Representatives, the President of the Senate, the 
congressional intelligence committees, and the 
Committees on the Judiciary of the House of 
Representatives and the Senate a summary, in a manner 
consistent with the protection of classified 
information, of the most recent review under 
subparagraph (A), including with respect to significant 
compliance issues.
``(4) Savings provision.--Nothing in this subsection shall 
be construed to limit the authority of the Government under any 
applicable laws or the Constitution of the United States.''.
(c) Use of Information.--Paragraph (2) of section 706(a) of such 
Act (50 U.S.C. 1881e(a)) is amended to read as follows:
``(2) United states persons.--Any information concerning a 
United States person acquired under section 702 may not be used 
in evidence against that United States person pursuant to 
paragraph (1) in any criminal proceeding if such information 
was acquired in violation of subsection (o) of such section.''.

SEC. 3. ADDITIONAL CRIMINAL PENALTIES.

Section 709 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881h) is amended to read as follows (and conform the table 
of contents at the beginning of such Act accordingly):

``SEC. 709. PENALTIES FOR UNAUTHORIZED DISCLOSURE AND OTHER ACTIONS.

``(a) Offenses.--
``(1) Unauthorized disclosure or retention.--A person is 
guilty of an offense under this paragraph if that person 
knowingly and willfully--
``(A) communicates, furnishes, transmits, or 
otherwise makes available to an unauthorized person, or 
publishes, or uses in any manner prejudicial to the 
safety or interest of the United States or for the 
benefit of any foreign government to the detriment of 
the United States any classified information that 
contains the contents of any communication acquired 
under this title to which a known United States person 
is a party; or
``(B) retains with specific intent to violate, 
without authorization, including by approved 
procedures, any classified information that contains 
the contents of any communication acquired under this 
title to which a known United States person is a party.
``(2) Unauthorized query.--A person is guilty of an offense 
under this paragraph if that person, while serving as an 
officer or employee of a department or agency of the United 
States, with specific intent to violate this paragraph, 
willfully conducts a United States person query of information 
acquired under section 702(a), knowing that the query does not 
support a duly authorized purpose within the scope of the 
authority of such department or agency.
``(3) Falsifies or misrepresents compliance.--A person is 
guilty of an offense under this paragraph if that person 
knowingly and willfully, with specific intent to violate this 
paragraph, falsifies a record, or makes a material 
misrepresentation to the Foreign Intelligence Surveillance 
Court or the Foreign Intelligence Surveillance Court of Review, 
regarding compliance with the procedures or requirements for 
querying information acquired under section 702(a).
``(b) Penalties.--
``(1) Unauthorized disclosure or retention.--A person 
guilty of an offense in subsection (a)(1) shall be fined under 
title 18, United States Code, imprisoned for not more than 8 
years, or both.
``(2) Unauthorized query.--A person guilty of an offense in 
subsection (a)(2) shall be fined under title 18, United States 
Code, imprisoned for not more than 2 years, or both.
``(3) Falsifies or misrepresents compliance.--A person 
guilty of an offense in subsection (a)(3) shall be fined under 
title 18, United States Code, imprisoned for not more than 2 
years, or both.
``(c) Defenses.--
``(1) Unauthorized query.--It is a defense to a prosecution 
under subsection (a)(2) that--
``(A) the defendant conducted the query in the 
course of the official duties of the person and such 
query was authorized by a supervisor, attorney, or 
member of the Senior Executive Service (or equivalent); 
or
``(B) such query was conducted pursuant to a duly 
authorized purpose.
``(2) Misrepresents compliance.--It is a defense to a 
prosecution under subsection (a)(3) that the defendant made the 
misrepresentation in the course of the official duties of the 
person and such misrepresentation was authorized by a 
supervisor, attorney, or member of the Senior Executive Service 
(or equivalent), or that the defendant made the 
misrepresentation acting based on a good faith understanding of 
the authorities, in compliance with approved procedures, and 
the facts known to the individual at the time.
``(d) Jurisdiction.--There is Federal jurisdiction over an offense 
under this section if the person committing the offense was an officer 
or employee of the United States at the time the offense was 
committed.''.

SEC. 4. 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. 5. 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. 6. 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, 
consistent with the protection of sensitive sources and methods, 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. 7. CENTRAL BANK DIGITAL CURRENCY.

The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by 
inserting after section 16 (12 U.S.C. 411 et seq.) the following:

``SEC. 16A. CENTRAL BANK DIGITAL CURRENCY.

``(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 2 of the GENIUS Act (12 
U.S.C. 5901).
``(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, 2031.
``(e) Rule of Construction.--Nothing in this section shall be 
construed to allow the Board of Governors of the Federal Reserve 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.''.
<all>