Bill
HR 8512
Extends Title VII of FISA for foreign intelligence through Apr 20, 2029, with new US-person warrant requirements and stronger penalties for improper actions.
HR 8512 Summary — 119th Congress (Session: 2nd) Title: 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.
Purpose and intent
- Extend the authorities and activities under Title VII of the FISA Amendments Act of 2008 through April 20, 2029 (currently set to expire earlier). This extends the government's streamlined procedures for targeting and acquiring foreign intelligence information under FISA.
Key provisions and changes
1) Extension of Title VII authorities (Section 1)
- Amends Public Law 110–261 to:
- Extend the repeal/operational date from April 30, 2026 to April 20, 2029 (paragraph (1) of Section 403(b) and the related 18 U.S.C. 2511 note).
- Effective date: The amendments take effect on the earlier of enactment or April 29, 2026.
2) Warrant requirement for targeting United States persons (Section 2)
- Adds a warrant-like safeguard for targeting or acquiring communications of United States persons:
- In subsection (n)(1) of Section 702, narrows ingestion of unminimized information into FBI analytic repositories unless the target is related to an active, predicated national security investigation.
- Introduces new subsection (o) to Section 702:
- Prohibits intentional targeting for acquisition of communications of a United States person under subsection (a) without a warrant or comparable order, except under traditional avenues (Title I, Title III, Section 703-705) or for crimes with probable cause.
- Requires the Attorney General and the Director of National Intelligence to jointly establish procedures and standards for probable-cause determinations.
- Preserves other authorities; does not limit applicable laws or constitutional rights.
- Amends Section 706(a)(2) to ensure information about a United States person obtained under Section 702 cannot be used in criminal proceedings if acquired in violation of new subsection (o).
3) Additional penalties for unauthorized actions (Section 3)
- Replaces Section 709 with a broader penalties provision:
- Unauthorized disclosure, retention, or use of classified information or knowingly improper queries of United States persons under Section 702 carry enhanced penalties (up to 8 years for disclosure/retention, up to 2 years for improper queries or misrepresentation of compliance).
- Establishes defenses related to authorized duties, supervisor approval, and good-faith reliance on procedures.
4) Access procedures for FISC members (Section 4)
- Within 60 days of enactment, the Attorney General must:
- Revoke preexisting procedures (as of Dec 31, 2025) under Reforming Intelligence and Securing America Act.
- Issue new procedures to ensure access for Members of Congress and staff to proceedings of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review.
5) Attorney approval of United States person queries (Section 5)
- Amends Section 702(f)(3)(A)(i) to remove the requirement that a supervisor or equivalent must approve US person queries, broadening who can authorize queries (subject to other controls).
6) GAO audit of targeting procedures (Section 6)
- Requires the Comptroller General to audit Section 702 targeting procedures and operations.
- A report due within one year detailing whether targeting is appropriately limited to non-U.S. persons located outside the United States, with a focus on methods and effectiveness.
Affected parties and impacts
- Government agencies (FBI, DNI, DOJ) implementing and complying with Section 702 targeting rules.
- United States persons who may be incidentally collected; the bill tightens controls on use and requires probable-cause-based warrants in certain targeting scenarios.
- Congress and staff gaining enhanced access to FISC proceedings (per Section 4).
- Accountability: new penalties for improper handling of classified information, improper queries, and misrepresentation.
Procedural timeline
- Enactment triggers immediate effect for certain provisions; extension timing aligns to April 20, 2029.
- Effective date of amendments is the earlier of enactment or April 29, 2026.
- GAO audit due within one year after enactment.
Compiled from official sources — confirm details with the bill’s official record.
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