[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8512 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8512
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2026
Mr. Higgins of Louisiana introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Permanent Select Committee on Intelligence, 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
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXTENSION OF AUTHORITIES OF TITLE VII OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Extension of Repeal Date of Title VII.--Section 403(b) of the
FISA Amendments Act of 2008 (Public Law 110-261), as most recently
amended by Public Law 119-84, is further amended--
(1) in paragraph (1) (50 U.S.C. 1881 note) by striking
``April 30, 2026'' and inserting ``April 20, 2029''; and
(2) in paragraph (2) (18 U.S.C. 2511 note), in the matter
preceding subparagraph (A), by striking ``April 30, 2026'' and
inserting ``April 20, 2029''.
(b) Effective Date.--The amendments made by this section shall take
effect on the earlier of the date of the enactment of this Act or April
29, 2026.
SEC. 2. WARRANT REQUIREMENT FOR TARGETING FOR ACQUISITION
COMMUNICATIONS OF UNITED STATES PERSONS.
(a) Requirement.--Paragraph (1) of subsection (n) of section 702 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is
amended to read as follows:
``(1) Restriction.--The Federal Bureau of Investigation may
not ingest unminimized information acquired under this section
into its analytic repositories unless the targeted person is
relevant to an existing, open, predicated full national
security investigation by the Federal Bureau of Investigation.
If the subject of such predicated, full national security
investigation is a United States person, for purposes of this
paragraph, the investigation must be supported by probable
cause.''.
(b) Requirement.--Section 702 of such Act is further amended by
adding at the end the following new subsection:
``(o) Warrant Requirement for Certain Targeting.--
``(1) Prohibition.--Pursuant to subsection (b), no officer
or employee of the United States Government may intentionally
target for acquisition the communications of a United States
person pursuant to an authorization issued under subsection
(a). Pursuant to other provisions of this Act and the Federal
Rules of Criminal Procedure, the Government may seek a warrant
or other appropriate order supported by a probable cause
showing to target for collection the communications of a United
States person if there exists probable cause that the United
States person to whom such communications relate--
``(A) is a foreign power or an agent of foreign
power, in which circumstances the Government may seek
authorization for electronic surveillance in accordance
with title I, a physical search in accordance with
title III, or for acquisitions in accordance with
section 703, 704, or 705; or
``(B) is committing or has committed a crime, in
which circumstances the Government may seek a warrant
issued pursuant to the Federal Rules of Criminal
Procedure by a court of competent jurisdiction.
``(2) Procedures and standards.--The Attorney General and
the Director of National Intelligence shall jointly establish
procedures and standards for officers and employees of the
United States Government to determine the existence of probable
cause described in paragraph (1).
``(3) Savings provision.--Nothing in this subsection shall
be construed to limit the authority of the Government under any
applicable laws or the Constitution of the United States.''.
(c) Use of Information.--Paragraph (2) of section 706(a) of such
Act (50 U.S.C. 1881e(a)) is amended to read as follows:
``(2) United states persons.--Any information concerning a
United States person acquired under section 702 may not be used
in evidence against that United States person pursuant to
paragraph (1) in any criminal proceeding if such information
was acquired in violation of subsection (o) of such section.''.
SEC. 3. ADDITIONAL CRIMINAL PENALTIES.
Section 709 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881h) is amended to read as follows (and conform the table
of contents at the beginning of such Act accordingly):
``SEC. 709. PENALTIES FOR UNAUTHORIZED DISCLOSURE AND OTHER ACTIONS.
``(a) Offenses.--
``(1) Unauthorized disclosure or retention.--A person is
guilty of an offense under this paragraph if that person
knowingly and willfully--
``(A) communicates, furnishes, transmits, or
otherwise makes available to an unauthorized person, or
publishes, or uses in any manner prejudicial to the
safety or interest of the United States or for the
benefit of any foreign government to the detriment of
the United States any classified information that
contains the contents of any communication acquired
under this title to which a known United States person
is a party; or
``(B) retains with specific intent to violate,
without authorization, including by approved
procedures, any classified information that contains
the contents of any communication acquired under this
title to which a known United States person is a party.
``(2) Unauthorized query.--A person is guilty of an offense
under this paragraph if that person, while serving as an
officer or employee of a department or agency of the United
States, with specific intent to violate this paragraph,
willfully conducts a United States person query of information
acquired under section 702(a), knowing that the query does not
support a duly authorized purpose within the scope of the
authority of such department or agency.
``(3) Falsifies or misrepresents compliance.--A person is
guilty of an offense under this paragraph if that person
knowingly and willfully, with specific intent to violate this
paragraph, falsifies a record, or makes a material
misrepresentation to the Foreign Intelligence Surveillance
Court or the Foreign Intelligence Surveillance Court of Review,
regarding compliance with the procedures or requirements for
querying information acquired under section 702(a).
``(b) Penalties.--
``(1) Unauthorized disclosure or retention.--A person
guilty of an offense in subsection (a)(1) shall be fined under
title 18, United States Code, imprisoned for not more than 8
years, or both.
``(2) Unauthorized query.--A person guilty of an offense in
subsection (a)(2) shall be fined under title 18, United States
Code, imprisoned for not more than 2 years, or both.
``(3) Falsifies or misrepresents compliance.--A person
guilty of an offense in subsection (a)(3) shall be fined under
title 18, United States Code, imprisoned for not more than 2
years, or both.
``(c) Defenses.--
``(1) Unauthorized query.--It is a defense to a prosecution
under subsection (a)(2) that--
``(A) the defendant conducted the query in the
course of the official duties of the person and such
query was authorized by a supervisor, attorney, or
member of the Senior Executive Service (or equivalent);
or
``(B) such query was conducted pursuant to a duly
authorized purpose.
``(2) Misrepresents compliance.--It is a defense to a
prosecution under subsection (a)(3) that the defendant made the
misrepresentation in the course of the official duties of the
person and such misrepresentation was authorized by a
supervisor, attorney, or member of the Senior Executive Service
(or equivalent), or that the defendant made the
misrepresentation acting based on a good faith understanding of
the authorities, in compliance with approved procedures, and
the facts known to the individual at the time.
``(d) Jurisdiction.--There is Federal jurisdiction over an offense
under this section if the person committing the offense was an officer
or employee of the United States at the time the offense was
committed.''.
SEC. 4. ATTENDANCE PROCEDURES FOR MEMBER ACCESS TO THE FOREIGN
INTELLIGENCE SURVEILLANCE COURT AND FOREIGN INTELLIGENCE
SURVEILLANCE COURT OF REVIEW.
Not later than 60 days after the date of the enactment of this Act,
the Attorney General shall--
(1) revoke the procedures issued by the Attorney General on
or before December 31, 2025, pursuant to section 5(d) of the
Reforming Intelligence and Securing America Act (Public Law
118-49; 50 U.S.C. 1803 note); and
(2) issue new procedures that comply with such section and
ensure the access of the Members of Congress and staff
specified in such section to any proceeding of the Foreign
Intelligence Surveillance Court or any proceeding of the
Foreign Intelligence Surveillance Court of Review.
SEC. 5. REQUIREMENT FOR ATTORNEY APPROVAL OF FBI QUERIES USING UNITED
STATES PERSON QUERY TERM.
Section 702(f)(3)(A)(i) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881a(f)(3)(A)(i)) is amended by striking
``supervisor (or employee of equivalent or greater rank) or''.
SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE AUDIT OF TARGETING PROCEDURES
UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) Audit.--The Comptroller General of the United States,
consistent with the protection of sensitive sources and methods, shall
conduct an audit of the targeting procedures used for acquisitions
under section 702 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a), including the technical mechanisms, implementation,
and operations used by the Federal Government for targeting
capabilities.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Permanent Select Committee on Intelligence and the Committee on the
Judiciary of the House of Representatives and the Select Committee on
Intelligence and the Committee on the Judiciary of the Senate a report
containing the results of the audit required by subsection (a),
including an analysis of whether the targeting procedures as
implemented are appropriately limiting targeting under section 702 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) to
non-United States persons located outside of the United States.
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