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