S. 1318

[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

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AMENDMENT