4 versions

CosmeticWhat changed in PUBLIC LAWcompared with ENROLLED BILL

Technical corrections only. v4 incorporates the enrolled bill into the Public Law format, adding statutory notes and legislative history. There are no substantive changes to the text of the law being enacted or amended, maintaining the same policy as v3.

H.R. 8322119th CongressIntroduced Apr 16, 2026

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 30, 2026, and for other purposes.

Became Public LawArmed Forces and National SecurityMajor

View bill text

Sponsor: Rep. Scott, Austin [R-GA-8]
Committees: Intelligence (Permanent Select) Committee (primary)
Last action: Apr 18, 2026

Bottom line

This legislation provides a short-term extension of key foreign intelligence surveillance authorities under FISA Section 702, preventing their lapse and deferring a more comprehensive debate on reforms.

What it actually does

This bill extends the sunset date for Title VII of the Foreign Intelligence Surveillance Act (FISA) of 1978, which includes Section 702 authority, from its previous expiration to April 30, 2026. It also extends related transition procedures for managing data and operations after this new repeal date. The amendments are effective immediately upon enactment or by April 19, 2026, whichever is earlier.

Proponents argue

Proponents argue that extending FISA Section 702 is crucial for national security, allowing intelligence agencies to collect vital foreign intelligence information on non-U.S. persons located outside the United States. They contend that a lapse in this authority would create dangerous intelligence gaps, hindering efforts to counter terrorism, cyber threats, and espionage, making this extension a necessary stopgap.

Opponents contend

Opponents typically argue that Section 702, despite targeting foreign persons, can incidentally collect communications of U.S. persons, raising significant privacy and civil liberties concerns. They advocate for substantial reforms to prevent potential abuses and enhance oversight, rather than a clean, albeit short-term, extension of the existing authority.

The bill is exceptionally short and can be read and understood in a matter of minutes, making it highly accessible for public review and evaluation.

Section 1(a)

Extension of FISA Section 702 Authority

prominently featuredstraightforward

This provision amends Section 403(b)(1) of the FISA Amendments Act of 2008 to change the repeal date for Title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.), which encompasses Section 702, to April 30, 2026. This action effectively extends the legal authority for U.S. intelligence agencies to conduct foreign intelligence surveillance targeting non-U.S. persons located outside the United States for an additional period.

GroupImpactMechanismScale

GroupU.S. intelligence agencies (e.g., NSA, FBI)ImpactContinued authority to conduct foreign intelligence surveillance under Section 702.MechanismLegal extension of sunset clause.ScaleMaintains current operational capabilities.

GroupNon-U.S. persons located outside the United StatesImpactContinued targeting for foreign intelligence collection.MechanismLegal authorization for surveillance.ScaleBroad, as it applies to foreign intelligence targets globally.

GroupU.S. persons whose communications may be incidentally collectedImpactContinued potential for incidental collection and subsequent querying of their data.MechanismIndirect consequence of Section 702 operations.ScalePotentially broad, though incidental.

Supporters argue

Supporters argue this extension is vital for national security, enabling intelligence agencies to collect critical information on foreign adversaries and terrorists. They emphasize that Section 702 is a cornerstone of U.S. foreign intelligence efforts and that a lapse would create dangerous intelligence gaps.

Critics contend

Critics contend that a clean extension without reforms fails to address significant civil liberties and privacy concerns related to the incidental collection and querying of U.S. persons' data. They argue for stronger safeguards and oversight to protect constitutional rights.

Tradeoffs

The bill navigates the tension between maintaining robust foreign intelligence capabilities, which proponents argue are essential for national security, and addressing civil liberties concerns related to the potential incidental collection of U.S. person data, which critics highlight.

Section 1(b)

Extension of Related Transition Procedures

mentioned in summarystraightforward

This provision amends Section 404(b) of the FISA Amendments Act of 2008 to extend the transition procedures related to the repeal of Title VII of FISA. By updating references to the repeal date, it ensures that any ongoing surveillance activities or data collected under Section 702 can be properly managed and utilized even after the new repeal date of April 30, 2026. This provides a clear legal framework for winding down or transitioning operations if the authority is not further extended.

FOUND

The amendments made by this Act shall take effect on the earlier of the date of the enactment of this Act or April 19, 2026.

Section 1(c)

Why it matters:This is standard legislative practice for effective dates, designed to ensure clarity on when the law becomes active, rather than an attempt to hide policy.

Case for: Ensures the immediate legal effect of the extension, preventing any potential lapse in authority even if the bill's formal enactment occurs slightly after the previous sunset date, thereby guaranteeing continuity of operations.

Case against: No specific opposition to the effective date itself, though opponents of the overall extension would naturally oppose its immediate effect.

Estimated impact: Ensures continuous operation of FISA Section 702 without any gap, maintaining intelligence collection capabilities.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.