S. 1318

119 S1318 EAH: Anti-CBDC Surveillance State Act
 U.S. Senate
 2026-04-29
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 119th CONGRESS  2d Session
 In the House of Representatives, U. S.,
 April 29, 2026
 AMENDMENT:
That the bill from the Senate (S. 1318) entitled  An Act 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. , do pass with the following
Strike out all after the enacting clause and insert:
1.
Short titles; table of contents
(a)
Short titles
This Act may be cited as the   Foreign Intelligence Accountability Act   and the  Anti-CBDC Surveillance State Act .
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short titles; table of contents.
Title I—Foreign Intelligence Accountability Act
Sec. 101. Civil liberties review of FBI queries.
Sec. 102. Criminal penalties for violation of prohibition on queries.
Sec. 103. Requirement for targeting United States persons under the Foreign Intelligence Surveillance Act of 1978.
Sec. 104. Attendance procedures for Member access to the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review.
Sec. 105. Requirement for attorney approval of FBI queries using United States person query term.
Sec. 106. Government Accountability Office audit of targeting procedures under section 702 of the Foreign Intelligence Surveillance Act of 1978.
Sec. 107. Extension of authorities of title VII of the Foreign Intelligence Surveillance Act of 1978.
Title II—Anti-CBDC Surveillance State Act
Sec. 201. Short title.
Sec. 202. Prohibition on Federal reserve banks relating to certain products or services for individuals and prohibition on directly issuing a central bank digital currency.
Sec. 203. Prohibition on Federal reserve banks indirectly issuing a central bank digital currency.
Sec. 204. Prohibition with respect to central bank digital currency.
Sec. 205. Sense of Congress.
I
Foreign Intelligence Accountability Act
101.
Civil liberties review of FBI queries
(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)
Monthly civil liberties review
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 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 determine whether each query referred under clause (i) constitutes a violation of laws, rules, or regulations or an abuse of authority.
 .
(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) ) .
102.
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:
(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  offense in this section  and inserting the following:
offense—
(1)
in paragraph (1) of subsection (a)
 ;
(B)
by striking  title 18  and inserting  title 18, United States Code ;
(C)
by striking  both.  and inserting  both; and ; and
(D)
by adding at the end the following new paragraph:
(2)
in paragraph (2) or (3) of subsection (a), shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.
 .
(b)
Table of contents amendment
The table of contents at the beginning of such Act is amended by striking the item relating to section 709 and inserting the following new item:
Sec. 709. Penalties for unauthorized disclosure and other actions.
  .
103.
Requirement for targeting United States persons under the Foreign Intelligence Surveillance Act of 1978
Section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) is amended by adding at the end the following new subsection:
(o)
Fourth Amendment requirement for targeting United States persons
(1)
Prohibition on targeting United States persons
In accordance with subsection (b), no officer or employee of the United States Government may intentionally target a United States person for an acquisition under section 702.
(2)
Order requirements for targeting United States persons
In accordance with the other provisions of this Act and the Federal Rules of Criminal Procedure, with respect to a United States person, the United States Government may seek—
(A)
an order authorizing electronic surveillance in accordance with title I;
(B)
an order authorizing a physical search in accordance with title III;
(C)
an order authorizing an acquisition in accordance with section 703, 704, or 705; or
(D)
a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction.
 .
104.
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.
105.
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 .
106.
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 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.
107.
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 119–84 , is further amended—
(1)
in paragraph (1) ( 50 U.S.C. 1881  note) by striking  April 30, 2026  and inserting  April 30, 2029 ; and
(2)
in paragraph (2) ( 18 U.S.C. 2511  note), in the matter preceding subparagraph (A), by striking  April 30, 2026  and inserting  April 30, 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 April 29, 2026.
II
Anti-CBDC Surveillance State Act
201.
Short title
This title may be cited as the  Anti-CBDC Surveillance State Act .
202.
Prohibition on Federal reserve banks relating to certain products or services for individuals and prohibition on directly issuing a central bank digital currency
Section 16 of the Federal Reserve Act ( 12 U.S.C. 411 et seq. ) is amended by adding at the end the following new paragraph:
(18)
(A)
A Federal reserve bank may not—
(i)
offer financial products or services directly to an individual;
(ii)
maintain an account on behalf of an individual; or
(iii)
issue a central bank digital currency, or any digital asset that is substantially similar under any other name or label.
(B)
In this paragraph, the term  central bank digital currency  has the meaning given that term under section 10(11)(D).
 .
203.
Prohibition on Federal reserve banks indirectly issuing a central bank digital currency
Section 16 of the Federal Reserve Act ( 12 U.S.C. 411 et seq. ), as amended by section 2, is further amended by adding at the end the following paragraph:
(19)
(A)
A Federal reserve bank may not offer a central bank digital currency, or any digital asset that is substantially similar under any other name or label, indirectly to an individual through a financial institution or other intermediary.
(B)
In this paragraph, the term  central bank digital currency  has the meaning given that term under section 10(11)(D).
 .
204.
Prohibition with respect to central bank digital currency
Section 10 of the Federal Reserve Act ( 12 U.S.C. 241 et seq. ) is amended by inserting before paragraph (12) the following:
(11)
Prohibition with respect to central bank digital currency
(A)
In general
The Board of Governors of the Federal Reserve System may not test, study, develop, create, or implement a central bank digital currency, or any digital asset that is substantially similar under any other name or label.
(B)
Monetary policy
The Board of Governors of the Federal Reserve System and the Federal Open Market Committee may not use a central bank digital currency to implement monetary policy, or any digital asset that is substantially similar under any other name or label.
(C)
Exception
Subparagraph (A) and sections 16(18)(A)(iii) and 16(19)(A) may not be construed to 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)
Central bank digital currency defined
In this paragraph, the term  central bank digital currency  means a form of digital money or monetary value that is—
(i)
denominated in the national unit of account;
(ii)
a direct liability of the Federal Reserve System; and
(iii)
widely available to the general public.
 .
205.
Sense of Congress
It is the sense of Congress that the Board of Governors of the Federal Reserve System currently does not have the authority to issue a central bank digital currency, or any digital asset that is substantially similar under any other name or label, and will not have such authority unless Congress grants it under Congress’s Article 1 Section 8 powers.
        Kevin F. McCumber  Clerk.