What changed between these versions
A complete substitute amendment. v4 entirely replaces the original bill, which focused on establishing a program to identify American-Jewish servicemembers buried under incorrect markers overseas, with a new bill addressing foreign intelligence surveillance accountability and prohibiting central bank digital currencies. v4 is effectively a different bill from v3.
Overview
Extensive changes throughout the bill, constituting a complete replacement of the original text. · v4 completely restructures the bill, shifting its focus from a specific historical recognition program to broad reforms in foreign intelligence surveillance and a prohibition on central bank digital currencies.
v4 represents a complete substitute amendment, entirely replacing the original S. 1318. The original bill, known as the 'Fallen Servicemembers Religious Heritage Restoration Act,' aimed to identify and correct burial markers for American-Jewish servicemembers overseas. v4 introduces two new legislative titles: the 'Foreign Intelligence Accountability Act,' which amends the Foreign Intelligence Surveillance Act of 1978 (FISA) with new oversight and criminal penalties, and the 'Anti-CBDC Surveillance State Act,' which prohibits Federal Reserve banks from issuing or developing a central bank digital currency. This transformation means the bill's entire purpose and scope have changed, with no overlap in substantive policy areas between the two versions.
Major additions
This entire title is new, introducing several amendments to the Foreign Intelligence Surveillance Act of 1978 (FISA). It mandates monthly civil liberties reviews of FBI queries, establishes criminal penalties for violating querying procedures, clarifies requirements for targeting United States persons, sets new attendance procedures for Member access to FISA courts, requires attorney approval for FBI queries using US person query terms, mandates a GAO audit of FISA targeting procedures, and extends certain FISA authorities.
This addition fundamentally alters the oversight and enforcement mechanisms related to foreign intelligence surveillance, particularly concerning the querying of United States person data. It introduces new layers of review, accountability, and potential criminal liability for intelligence officials, while also extending the controversial Section 702 authority.
This entire title is new, establishing prohibitions related to central bank digital currencies (CBDCs). It prevents Federal Reserve banks from offering financial products or services directly to individuals, maintaining individual accounts, or directly or indirectly issuing a CBDC. It also prohibits the Board of Governors of the Federal Reserve System from testing, studying, developing, creating, or implementing a CBDC, and from using a CBDC to implement monetary policy.
This addition introduces a significant new policy direction regarding monetary policy and digital currency. It aims to prevent the creation and use of a CBDC by the Federal Reserve, which could have profound implications for the future of digital finance, privacy, and the role of the Federal Reserve in the economy.
Deletions
The short title 'Fallen Servicemembers Religious Heritage Restoration Act' was deleted.
The deletion of the original short title signifies the complete abandonment of the bill's initial purpose and subject matter.
The findings section, which detailed the historical context and importance of identifying American-Jewish servicemembers buried under incorrect markers, was deleted.
The removal of these findings eliminates the foundational rationale for the original bill's program, indicating a complete shift in legislative intent.
The 'Fallen Servicemembers Religious Heritage Restoration Program' was deleted. This program directed the American Battle Monuments Commission to identify covered members, contact survivors and descendants, and authorized appropriations for contracts with nonprofit organizations to carry out this purpose.
The deletion of this entire operative section means the program to identify and correct burial markers for American-Jewish servicemembers overseas will not be established under this bill. This removes the core policy initiative of v3.
Scope
Complete substitute — The changes are scattered throughout the bill in the sense that the entire original text was replaced by two new, distinct titles covering different policy areas. — v4 represents a complete and fundamental change in policy direction, abandoning the historical recognition and heritage restoration focus of v3 for new policies on foreign intelligence surveillance and digital currency. — The new provisions in v4 interact extensively with existing federal law, specifically amending the Foreign Intelligence Surveillance Act of 1978 and the Federal Reserve Act. These changes do not interact with any provisions from the original v3, as the entire text was replaced.
Impact analysis
Families and descendants of American-Jewish servicemembers buried overseas under incorrect markers
Loss of a dedicated program for heritage restoration.
The program designed to identify and correct these burial markers, and to contact their families, has been removed.
Federal Bureau of Investigation (FBI) employees and officers
Increased scrutiny and potential legal liability; procedural changes.
New requirements for monthly civil liberties reviews of United States person queries, mandatory attorney approval for such queries, and the introduction of criminal penalties (up to 5 years imprisonment) for knowingly and willfully violating querying procedures or falsifying compliance.
United States persons subject to foreign intelligence surveillance
Increased protections and oversight, but continued authorization of surveillance powers.
New requirements for civil liberties reviews of FBI queries involving US persons, clarification that US persons cannot be intentionally targeted under Section 702, and an emphasis on seeking specific orders/warrants for targeting US persons.
Members of Congress and staff
Increased oversight capability.
New procedures are mandated to ensure access to proceedings of the Foreign Intelligence Surveillance Court (FISC) and Foreign Intelligence Surveillance Court of Review.
Federal Reserve Banks and the Board of Governors of the Federal Reserve System
Restriction of powers and operational scope.
Prohibited from offering financial products/services directly to individuals, maintaining individual accounts, and directly or indirectly issuing a central bank digital currency (CBDC). The Board is also prohibited from testing, studying, developing, creating, or implementing a CBDC.
The general public and financial institutions
Maintenance of current financial system structure without a CBDC option; potential implications for privacy and financial innovation.
The potential for a US central bank digital currency (CBDC) to be developed or issued by the Federal Reserve is explicitly prohibited.