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.

Summary of HR 9115 (119th Congress)

Purpose and intent

• The bill seeks to amend the FISA Amendments Act of 2008 to extend the authorities provided under Title VII of FISA, and to address related national security, intelligence, and oversight issues. It also includes ancillary provisions on oversight procedures, government accountability, and a temporary framework for a federal central bank digital currency (CBDC).

Key provisions and changes

1) Extension of Title VII authorities (FISA Amendments Act)
- Extends the repeal/expiration date of Title VII powers (as amended previously) from June 12, 2026 to June 12, 2029.
- The effective date of the amendments is the earlier of enactment or June 11, 2026.

2) Warrant requirements for acquisition of communications of United States persons
- Adds a new subsection (o) to Section 702:
- Prohibits intentional targeting of communications of United States persons under Section 702.
- Permits querying or acquisition of US-person communications only under narrow circumstances:
- If the US person is the target of a foreign-power related investigation or if there is probable cause the US person is a foreign power or agent, with applicable procedures to obtain authorization.
- Requires joint rules by the Attorney General and Director of National Intelligence on probable-cause determinations.
- Requires periodic (at least every 90 days) review by the Foreign Intelligence Surveillance Court (FISC) of the implementation, including minimization and querying practices, compliance, and any noncompliance incidents; quarterly reports to Congress and relevant committees, summarizing the latest review.
- Preserves other authorities outside this subsection and states nothing should limit government authority under other laws or the Constitution.

3) Use of information related to United States persons
- Amends Section 706(a)(2) so that information about a United States person acquired under Section 702 cannot be used in criminal proceedings if such information was acquired in violation of the new subsection (o).

4) Additional penalties for unauthorized actions
- Rewrites Section 709 to add penalties for:
- Unauthorized disclosure or retention of classified information containing communications acquired under Title VII.
- Unauthorized querying of information acquired under Section 702(a) without proper authorization.
- Falsifying or misrepresenting compliance to the FISA Court or Court of Review.
- Penalties include fines, imprisonment (up to 8 years for disclosure/retention; up to 2 years for unauthorized querying or misrepresentation), or both.
- Provides defenses for unauthorized queries (e.g., conduct within official duties and authorized by supervisor) and for misrepresentation (based on good faith, authorization, or established procedures).

5) Attendance procedures for Congressional access to FISA courts
- Requires the Attorney General, within 60 days of enactment, to revoke prior access procedures and issue new procedures ensuring certain Members of Congress and staff can access proceedings of the FISC and the FISC of Review, aligning with Reforming Intelligence and Securing America Act requirements.

6) Attorney approval for United States person queries
- Modifies the requirement for attorney approval of queries involving United States persons (Section 702(f)(3)(A)(i)) by removing a term related to supervisor-level authorization, increasing emphasis on attorney involvement for certain queries.

7) GAO oversight audit of targeting procedures
- Requires the Comptroller General (GAO) to audit Section 702 targeting procedures, including technical mechanisms and implementation.
- A GAO report is due within one year of enactment to key congressional committees, assessing whether targeting appropriately limits collection to non-U.S. persons located outside the United States.

8) Central Bank Digital Currency (CBDC) provisions
- Adds a new title (Section 16A) to the Federal Reserve Act defining CBDC:
- Defines CBDC and digital asset concepts.
- Prohibits the Fed from issuing or creating a CBDC or similar digital asset broadly, with an exception allowing open, permissionless, private, dollar-denominated currency that preserves privacy protections.
- Specifies sunset of these provisions on December 31, 2031.
- Clarifies that nothing in the section authorizes issuing a CBDC without separate Act of Congress.

Who and what is affected

• National security and intelligence community:

  • Extension of Title VII authorities, with higher scrutiny for handling US-person information.
  • New targeting, minimization, and review requirements for Section 702 acquisitions.
  • Revised use of information and heightened penalties for noncompliance.

• Government personnel and agencies:

  • FBI and other agencies involved in Section 702 operations face new restrictions, required procedures, and potential criminal penalties for violations.
  • Attorney General and DNI tasked with joint procedural standards for probable-cause determinations.

• Congress and oversight bodies:

  • Expanded oversight through quarterly FISC review reports to Congress.
  • Enhanced attendance/access provisions for Members of Congress and staff to FISC/FISC of Review proceedings.

• General public and privacy protections:

  • Stricter controls on querying and use of US-person data, with potential criminal penalties for improper querying or disclosure.

• Financial system and monetary policy:

  • CBDC provisions create a temporary framework governing the issuance of a central bank digital currency, with a sunset and strict limitations. The act does not authorize a CBDC beyond specific conditions.

Procedural and timeline notes

• Effective date: Amendments take effect on the earlier of enactment or June 11, 2026.
• Title VII extension: Expiration date for title VII extended to June 12, 2029.
• 60-day requirement: AG must revise attendance procedures to enable congressional access to FISC proceedings.
• 90-day periodic reviews: FISC must conduct quarterly reviews of the new US-person acquisition provisions.
• Sunset on CBDC provisions: December 31, 2031.

This summary captures the bill’s core intent, major changes, and potential impact on oversight, privacy, and executive branch operations.