Fallen Servicemembers Religious Heritage Restoration Act
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As amended by the House, this bill would reauthorize a key foreign intelligence surveillance authority (FISA Section 702) through April 30, 2029, while adding new oversight, criminal penalties, and approval requirements for FBI searches of Americans' communications collected under that program.
A second title would separately bar the Federal Reserve from issuing a central bank digital currency or offering accounts and financial products directly to individuals, addressing concerns about government-run digital money and financial surveillance.
What this bill would do
What it would do
The bill, as rewritten by the House amendment, would extend the government's authority under Section 702 of the Foreign Intelligence Surveillance Act—used to collect communications of foreigners abroad, which can incidentally sweep in Americans' communications—until April 30, 2029. It would require monthly reviews of FBI searches of that data involving U.S. persons by an intelligence-community civil liberties officer, create criminal penalties for FBI employees who falsify compliance or violate query procedures, require FBI attorneys rather than supervisors to approve U.S.-person searches, and order a GAO audit of targeting procedures. It also sets new attendance procedures for congressional access to the FISA court. A separate title would prohibit Federal Reserve banks from offering financial products or accounts directly to individuals or issuing a central bank digital currency, and would bar the Federal Reserve's Board of Governors from developing, testing, or using such a currency for monetary policy, with a narrow exception for open, private digital currency.
Key provisions
- 1Would extend Title VII of FISA, including Section 702 surveillance authority, through April 30, 2029
- 2Would require monthly ODNI civil liberties reviews of FBI searches of Americans' data collected under Section 702, with referrals for possible violations
- 3Would create criminal penalties for FBI personnel who falsify compliance with, or willfully violate, U.S.-person query procedures
- 4Would bar FBI supervisors from approving U.S.-person queries, requiring approval instead from designated FBI attorneys
- 5Would direct GAO to audit Section 702 targeting procedures and report findings to congressional intelligence and judiciary committees
- 6Would prohibit Federal Reserve banks from offering accounts or financial products directly to individuals or issuing a central bank digital currency
- 7Would bar the Federal Reserve Board from developing, testing, or using a central bank digital currency for monetary policy
Who would be affected
The FBI, the Office of the Director of National Intelligence, the Intelligence Community Inspector General, the Attorney General, and the Foreign Intelligence Surveillance Court are directly affected, as are Americans whose communications may be incidentally collected under Section 702. The Federal Reserve System and its member banks, along with individuals who might otherwise use a Federal Reserve-issued digital currency or account, are also affected.
Why it matters
The FISA changes would extend a major surveillance authority while adding safeguards intended to curb misuse of searches involving Americans, with new criminal exposure for FBI employees who violate the rules. The Federal Reserve provisions would foreclose, by statute, any future move toward a U.S. central bank digital currency or Fed-run consumer accounts, a step advocates say protects financial privacy and opponents say limits future monetary policy tools.
What would change
Changes to existing law
Amends Foreign Intelligence Surveillance Act of 1978, Section 702 (50 U.S.C. 1881a) (Sec. 101, 103, 105)
Adds monthly civil liberties reviews of U.S.-person queries, a Fourth Amendment targeting prohibition, and requires attorney approval instead of supervisor approval for queries.
Reauthorizes FISA Amendments Act of 2008, Section 403(b) (Sec. 107)
Extends the repeal date of Title VII surveillance authorities from April 30, 2026 to April 30, 2029.
Amends National Security Act of 1947 (50 U.S.C. 3001 et seq.) (Sec. 101(b))
Adds conforming duties requiring review of civil liberties statements and referrals to the Inspector General of the Intelligence Community.
Amends Foreign Intelligence Surveillance Act of 1978, Section 709 (50 U.S.C. 1881h) (Sec. 102)
Adds criminal penalties, including up to 5 years imprisonment, for falsifying compliance with or violating query procedures.
Amends Federal Reserve Act, Section 16 (12 U.S.C. 411) (Sec. 202, 203)
Bars Federal Reserve banks from offering products or accounts directly to individuals or issuing a central bank digital currency, directly or indirectly.
Amends Federal Reserve Act, Section 10 (12 U.S.C. 241) (Sec. 204)
Bars the Federal Reserve Board and Federal Open Market Committee from developing or using a central bank digital currency, with a limited exception.
Agencies directed to act
Effective dates
- Extension of FISA Title VII authorities to April 30, 2029
- Attorney General must revoke and reissue FISA court attendance procedures
- GAO must report results of its Section 702 targeting procedures audit
Funding and costs
Congressional Budget Office estimate
CBO estimates S. 1318 would cost $5 million over the 2025–2035 period in discretionary spending (subject to annual appropriations), with no effect on direct spending, revenues, or the deficit.
S. 1318 would authorize the American Battle Monuments Commission to receive $500,000 per year for 10 years to fund grants to nonprofit organizations tasked with identifying the graves of Jewish U.S. service members buried under headstones or markers that incorrectly omit their Jewish identity in overseas military cemeteries. CBO estimates the grant program would cost $5 million over the 2025–2035 period, all of which is discretionary spending (money that must be approved through the annual appropriations process) rather than mandatory direct spending. The bill has no effect on direct spending, revenues, or the deficit, and CBO identified no intergovernmental or private-sector mandates.
How implementation would work
Within 60 days of enactment, the Attorney General must revoke and reissue procedures governing congressional access to the FISA court. The FBI must report monthly on U.S.-person queries to the ODNI Civil Liberties Protection Officer, who refers noncompliant or abusive queries to the Intelligence Community Inspector General for a violation determination. The Comptroller General must audit Section 702 targeting procedures and report to House and Senate intelligence and judiciary committees within one year. The FISA extension itself takes effect on the earlier of enactment or April 29, 2026, while the Federal Reserve prohibitions apply immediately upon enactment through amendments to the Federal Reserve Act.
Legislative status & sources
Latest action
Motion to proceed to consideration of the House message to accompany S. 1318 rejected in Senate by Yea-Nay Vote. 47 - 52. Record Vote Number: 164.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill reauthorizes Title VII of the Foreign Intelligence Surveillance Act (FISA) until April 30, 2029, and expands protections related to surveillance under Section 702 of FISA. It also prohibits a Federal Reserve bank from offering financial products or services directly to an individual, maintaining an account on behalf of an individual, or issuing a central bank digital currency (CBDC).
Section 702 of FISA concerns acquiring communications of non-U.S. persons believed to be outside the United States to obtain foreign intelligence information. Information about U.S. persons may incidentally be acquired by this type of surveillance and subsequently queried (searched) under certain circumstances.
Changes to Section 702 include requiring monthly reviews by the Office of the Director of National Intelligence (ODNI) for each U.S. person query conducted by the Federal Bureau of Investigation (FBI). ODNI must refer queries that do not comply with established standards, as well as possible abuses of civil liberties or privacy, to the Office of the Intelligence Community Inspector General.
The bill institutes criminal penalties for (1) those who knowingly and willingly falsify or materially misrepresent complying with querying procedures, and (2) FBI personnel who knowingly and willingly violate procedures related to U.S. person queries.
FBI supervisors may no longer approve U.S. person queries; only certain FBI attorneys may do so.
The Federal Reserve System's Board of Governors may not use a CBDC to implement monetary policy or test, study, create, or implement a CBDC, with certain exceptions.
Legislative subjects
American Battle Monuments Commission; Armed Forces and National Security; Military facilities and property; Military history; Public contracts and procurement; Religion; Veterans' organizations and recognition
Committee report
S. Rept. 119-89