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.

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.''. <all>