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.

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.

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):

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.

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.

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.

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.