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.
Summary
AI Summary
This bill primarily extends the authorization for Title VII of the Foreign Intelligence Surveillance Act of 1978 (FISA), which includes Section 702, from its current expiration date of April 30, 2026, to April 20, 2029. This extension aims to continue the government's ability to conduct certain foreign intelligence surveillance activities.
A significant focus of the bill is on strengthening protections for United States persons. It prohibits the Federal Bureau of Investigation from ingesting unminimized information acquired under Section 702 into its analytic repositories unless the target is relevant to an existing, open, predicated full national security investigation, which must be supported by probable cause if the subject is a U.S. person. Furthermore, the bill explicitly prohibits intentionally targeting the communications of a U.S. person under Section 702(a) without a warrant or other probable cause order, which would be sought under other FISA titles or the Federal Rules of Criminal Procedure.
The legislation also introduces new criminal penalties for various offenses related to FISA Section 702. These include unauthorized disclosure or retention of classified information concerning U.S. persons, unauthorized U.S. person queries by government employees, and falsifying records or making material misrepresentations to the FISA Court regarding compliance. Finally, the bill mandates a Government Accountability Office (GAO) audit of Section 702 targeting procedures to ensure they appropriately limit targeting to non-United States persons located outside of the United States.
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Timeline
Latest companion bill action
S-4764: 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, and for other purposes.Introduced in Senate
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.
House of Representatives
Introduced in House
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