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.

I Foreign Intelligence Accountability Act

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

(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)")".

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).

(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.

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.

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.

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".

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.

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.

II Anti-CBDC Surveillance State Act

201. Short title

This title may be cited as the "Anti-CBDC Surveillance State Act".

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).

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).

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.

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.

Kevin F. McCumberClerk.