Text of Senate Amendment 5814

On 2026-06-04, Senator Tom Cotton (R-AR) delivered a floor speech titled "Text Of Senate Amendment 5814" in the Senate.

Text of Senate Amendment 5814

Congressional Record, Volume 172 Issue 95 (Thursday, June 4, 2026) [Congressional Record Volume 172, Number 95 (Thursday, June 4, 2026)] [Senate] [Pages S2645-S2648] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5814. Mr. COTTON (for himself and Mr. Grassley) submitted an amendment intended to be proposed by him to the bill S. 1318, 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; which was ordered to lie on the table; as follows: In lieu of the matter proposed to be inserted by the amendment of the House to the text of the bill, insert the following: SECTION 1. SHORT TITLES; TABLE OF CONTENTS. (a) Short Titles.--This Act may be cited as the ``Foreign Intelligence Accountability Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short titles; table of contents. Sec. 2. Civil liberties review of FBI queries by Civil Liberties Protection Officer and Foreign Intelligence Surveillance Court. Sec. 3. Restriction on use of United States person information acquired under section 702 in criminal prosecutions. Sec. 4. Requirement to maintain records of sensitive queries under the Foreign Intelligence Surveillance Act of 1978. Sec. 5. Criminal penalties for violation of prohibition on queries. Sec. 6. Requirement for targeting United States persons under the Foreign Intelligence Surveillance Act of 1978. Sec. 7. Attendance procedures for Member access to the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review. Sec. 8. Requirement for attorney approval of FBI queries using United States person query term. Sec. 9. Expanded transparency measures related to the Foreign Intelligence Surveillance Court. Sec. 10. Comptroller General of the United States audit of targeting procedures under section 702 of the Foreign Intelligence Surveillance Act of 1978. Sec. 11. Repeal of sealing requirement to enhance transparency and oversight for Congress and the public. Sec. 12. Safeguards for constitutionally protected activities and United States political processes. Sec. 13. Amicus curiae designation reform. Sec. 14. Limitation on directives under Foreign Intelligence Surveillance Act of 1978 relating to certain electronic communication service providers. Sec. 15. Access to information and material requested by oversight committees. Sec. 16. Certification requirement relating to compliance of Federal Bureau of Investigation personnel with procedures. Sec. 17. Ensuring court access to reports provided to Congress. Sec. 18. Annual reporting on number of sensitive queries. Sec. 19. Extension of authorities of title VII of the Foreign Intelligence Surveillance Act of 1978. Sec. 20. Central bank digital currency. SEC. 2. CIVIL LIBERTIES REVIEW OF FBI QUERIES BY CIVIL LIBERTIES PROTECTION OFFICER AND FOREIGN INTELLIGENCE SURVEILLANCE COURT. (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) Civil liberties reviews.--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 and to the Foreign Intelligence Surveillance Court 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-- ``(I) investigate, inspect, audit, or review each query referred under clause (i) to determine whether the query constitutes a violation of laws, rules, or regulations or an abuse of authority; and ``(II) keep the Director of National Intelligence, congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives informed of the findings of the Inspector General under subclause (I).''. (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. 3. RESTRICTION ON USE OF UNITED STATES PERSON INFORMATION ACQUIRED UNDER SECTION 702 IN CRIMINAL PROSECUTIONS. Section 706(a)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e(a)(2)) is amended-- (1) in subparagraph (A), by striking ``In general'' and inserting ``Restriction on use in proceedings''; and (2) by adding at the end the following: ``(C) Restriction on use in prosecutions.--In addition to the restriction in subparagraph (A), no information concerning a United States person acquired under section 702 may be used in evidence against a United States person who is an aggrieved person (as defined in section 101(k) (50 U.S.C. 1801(k)) as to that information in any criminal prosecution, except if the information pertains to a United States person who is or has been subject to an order from the Foreign Intelligence Surveillance Court under title I, title III, or section 703, 704, or 705 of this Act.''. SEC. 4. REQUIREMENT TO MAINTAIN RECORDS OF SENSITIVE QUERIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) Requirement.--Section 702(f)(3)(D) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(f)(3)(D)), as amended by section 2, is further amended by adding at the end the following: ``(viii) Records of sensitive queries.-- ``(I) In general.--In addition to the requirements of clause (iv), the Director of the Federal Bureau of Investigation shall maintain a written record of each approval pursuant to clause (ii) that includes-- ``(aa) the query term or terms approved; ``(bb) the identity of the individual or organization reasonably believed to be identified by the query term; and ``(cc) the justification for conducting the query. ``(II) Inspector general review.--Not less frequently than twice each year, the Inspector General of the Department of Justice shall review each written record prepared pursuant to subclause (I) and submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, and the Foreign Intelligence Surveillance Court a semiannual report describing the findings of the Inspector General with respect to the review, including findings regarding compliance with the requirements of this Act. ``(III) Form.--Each report submitted pursuant to subclause (II) shall be submitted in unclassified form, but may include a classified annex.''. SEC. 5. 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: [[Page S2646]] ``(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 ``o