S.Amdt. 5814

The amendment, titled the Foreign Intelligence Accountability Act, aims to change and add several requirements to the Foreign Intelligence Surveillance Act of 1978 (FISA). Its primary purpose is to increase oversight, transparency, and legal restrictions regarding the surveillance and querying of United States persons.

The amendment aims to add or change the following:

• Oversight and Review: It requires the FBI to provide monthly written statements of United States person queries to the Civil Liberties Protection Officer and the Foreign Intelligence Surveillance Court. It also mandates that the Inspector General of the Intelligence Community investigate referred queries for abuses of authority or law violations.

• Legal Restrictions: It restricts the use of information acquired under section 702 as evidence against United States persons in criminal prosecutions, unless they are subject to specific court orders. It also prohibits intentionally targeting United States persons for acquisition under section 702.

• Accountability and Penalties: It establishes criminal penalties, including up to 5 years in prison, for FBI employees who willfully violate querying procedures or falsify compliance records.

• Transparency: It repeals the requirement that petitions be filed under seal, mandates an audit by the Comptroller General of the United States, and requires the Attorney General to ensure documented communications with the court are available to specific congressional committees.

• Protections: It prohibits queries designed solely to extract intelligence on constitutionally protected activities or to interfere in the United States political process. It also limits directives to certain electronic communication service providers, such as houses of worship and educational institutions.

• Administrative Changes: It updates procedures for Member access to the court, reforms amicus curiae designations, and extends the authorities of title VII of FISA until June 12, 2029.

• Financial Regulation: It adds a section to the Federal Reserve Act prohibiting the creation of a central bank digital currency unless it is open, permissionless, private, and preserves the privacy of physical currency, or is authorized by an Act of Congress.