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.
Sponsored By: Representative Higgins, Clay [R-LA-3]
Introduced
Summary
Tightens limits on U.S. person surveillance under Section 702 and boosts oversight while extending some FISA authorities to 2029. This bill would add probable-cause limits on targeting, require attorney approval for certain FBI queries, create new penalties and audits, and set a temporary central bank digital currency framework.
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- For U.S. persons and privacy: Would bar intentional targeting of U.S. persons under Section 702 unless there is probable cause they are a foreign power or an agent of a foreign power. It would also limit when unminimized U.S. person communications can be ingested into FBI analytic systems and prevent using improperly obtained Section 702 information as evidence against a U.S. person.
- For intelligence oversight and operations: Would shift approval for U.S. person query terms to an attorney review, add criminal penalties for unauthorized querying or disclosures, require Foreign Intelligence Surveillance Court reviews every 90 days with quarterly reports to congressional leaders, and mandate a Government Accountability Office audit with a final report within one year.
- For money and payments policy: Would add a narrowly defined Federal Reserve framework for a central bank digital currency with privacy protections, require congressional authorization for issuance, and make the CBDC provisions expire on December 31, 2031.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 3 benefits, 0 costs, 2 mixed.
Limits on surveillance of U.S. persons
If enacted, this bill would bar intentional targeting of a United States person under current Section 702 authorities unless a probable-cause warrant or other authorized order exists. The Attorney General and Director of National Intelligence would have to set joint procedures and standards for that probable-cause determination. The bill would also stop the FBI from adding unminimized Section 702 data into analytic repositories except when the target is relevant to an open predicated national security investigation or when there is probable cause about a U.S. person. Finally, attorney approval (not supervisor approval) would be required for FBI queries that use U.S. person query terms.
Extend FISA Title VII authorities
If enacted, this bill would push back the statutory repeal date for Title VII authorities from June 12, 2026 to June 12, 2029. The effective date for that change would be the earlier of enactment or June 11, 2026. Extending the authority keeps existing surveillance powers in place for up to three more years.
Ban Federal Reserve digital dollar
If enacted, this bill would bar the Federal Reserve and Federal Reserve Banks from issuing a central bank digital currency that is a direct Fed liability and broadly available to the public, unless Congress later authorizes it. The bill would still allow open, permissionless private digital dollars that protect privacy like cash. The Fed ban would take effect upon enactment and would sunset on December 31, 2031.
Congressional access to surveillance court
If enacted, the Attorney General would have to revoke earlier attendance rules and, within 60 days of enactment, issue new procedures to ensure Members of Congress and specified staff can access any Foreign Intelligence Surveillance Court proceeding. The change is intended to increase congressional oversight of those courts.
Criminal penalties for surveillance misuse
If enacted, this bill would create new crimes and penalties for misuse of Section 702 material. Knowingly lying or materially misrepresenting compliance to the surveillance court could bring fines and up to 2 years in prison. Sharing or retaining classified Section 702 communications about a known U.S. person without authorization could bring fines and up to 8 years in prison. Running an unauthorized U.S. person query with specific intent to violate rules could bring fines and up to 2 years in prison. The law would preserve defenses for authorized or good-faith actions.
Sponsors & CoSponsors
Sponsor
Higgins, Clay [R-LA-3]
LA • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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