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.

[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.''.
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