To amend the FISA Amendments Act of 2008 to extend the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978 through April 20, 2029, and for other purposes.
- Bill Number
- H.R. 8512
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2026-04-27: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-18T22:44:30Z
AI-Generated Summary
Purpose
This bill (H.R. 8512) aims to extend key surveillance authorities under Title VII of the Foreign Intelligence Surveillance Act (FISA) of 1978—specifically Section 702, which allows collection of foreign intelligence from non-U.S. persons abroad—through April 20, 2029. It also introduces new restrictions on targeting and querying U.S. persons' communications (U.S. persons means U.S. citizens or permanent residents), strengthens penalties for misuse, improves oversight, and mandates audits.
Key Provisions
- Extension of Authorities (Sec. 1): Pushes the sunset (expiration) date for Section 702 from April 30, 2026, to April 20, 2029.
- FBI Data Handling Restrictions (Sec. 2(a)): FBI cannot add unfiltered ("unminimized") data from Section 702 to its databases unless linked to an ongoing, evidence-based national security investigation; if targeting a U.S. person, it requires probable cause (facts showing likelihood of involvement in threats or crimes).
- Warrant Requirement for U.S. Persons (Sec. 2(b)-(c)): Prohibits directly targeting U.S. persons' communications without a court warrant based on probable cause (e.g., they are agents of a foreign power or committing a crime). Establishes procedures to assess probable cause. Bars use of illegally acquired data against U.S. persons in criminal trials.
- Criminal Penalties (Sec. 3): Creates new crimes with prison terms:
| Offense | Penalty | |---------|---------| | Leaking/retaining classified FISA data on U.S. persons | Up to 8 years | | Unauthorized "backdoor searches" of U.S. persons' data | Up to 2 years | | Falsifying compliance records to FISA courts | Up to 2 years |
- Includes defenses like supervisor approval or good-faith errors.
- Congressional Access (Sec. 4): Requires new procedures within 60 days for House/Senate Intelligence and Judiciary committee members/staff to attend Foreign Intelligence Surveillance Court (FISC) proceedings.
- Query Approvals (Sec. 5): FBI queries using U.S. persons' identifiers (e.g., names/emails) now require attorney sign-off, removing supervisor option.
- GAO Audit (Sec. 6): Government Accountability Office to audit Section 702 targeting procedures within one year, checking if they properly limit collection to non-U.S. persons abroad.
Significant Changes to Existing Law
- Extends Section 702 by nearly three years (previously set to expire in 2026).
- Imposes first-ever warrant requirement for targeting U.S. persons under Section 702 (previously allowed if "to/from" non-U.S. targets).
- Restricts FBI database ingestion and querying of U.S. persons' incidental data to probable cause-backed investigations.
- Adds specific criminal penalties for leaks, improper queries, and court misrepresentations (expanding prior FISA penalties).
- Mandates attorney-only approvals for U.S. person queries and revokes prior congressional access rules.
- Requires independent GAO review of targeting tech and procedures.
Potential Impacts
- Government Agencies: Increases compliance burdens for FBI/NSA (e.g., warrants, attorney reviews, audits), potentially slowing surveillance but enhancing accountability. May reduce incidental U.S. person data retention/usage.
- Citizens: Heightens privacy protections for U.S. persons by limiting "backdoor searches" and warrantless targeting, but maintains foreign intelligence collection that may incidentally capture Americans' communications.
- International Relations: No direct changes; sustains U.S. ability to monitor foreign threats without new limits on overseas targeting.
Main Stakeholders Affected
- Intelligence Community (NSA, FBI): Tighter rules on data handling/queries; new penalties risk for employees.
- U.S. Citizens/Permanent Residents: Stronger safeguards against surveillance abuse.
- Congress: Improved FISC access and audit reports for oversight.
- Courts (FISC): More warrant requests; potential for compliance disputes.
- Foreign Entities: Unaffected directly, as targeting remains focused abroad.
Notable Legal, Constitutional, or Political Implications
- Legal/Constitutional: Aligns more closely with Fourth Amendment warrant requirements for U.S. persons (probable cause standard), addressing court criticisms of "warrantless" incidental collection. Savings clause preserves other FISA tools/Constitution. New penalties raise free speech concerns for leaks but include defenses.
- Political: Balances national security (extension) with privacy reforms amid debates over FISA abuse (e.g., past FBI query overreach). Referred to Judiciary/Intelligence committees, signaling bipartisan scrutiny. Effective date ties to potential 2026 expiration, urging quick action.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-04-27: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-27: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-27: Introduced in House
- 2026-04-27: Introduced in House
Bill Versions
- To amend the FISA Amendments Act of 2008 to extend the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978 through April 20, 2029, and for other purposes. — issued 2026-04-27 — PDF (10 pages)