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.

This section extends the repeal date of title VII of the FISA Amendments Act of 2008—which authorizes warrantless surveillance targeting non-U.S. persons reasonably believed to be located abroad to acquire foreign intelligence information—to April 20, 2029 (from April 30, 2026). The amendments take effect on the earlier of the date of enactment or April 29, 2026.

This section amends Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a)—which authorizes warrantless acquisition of foreign communications targeting non-U.S. persons reasonably believed abroad to obtain foreign intelligence information—as follows: (1) restricts the FBI from ingesting unminimized information acquired under Section 702 into its analytic repositories unless the targeted person is relevant to an existing, open, predicated full national security investigation—and, if a U.S. person, one supported by probable cause; (2) prohibits U.S. government officers or employees from intentionally targeting U.S. persons for acquisition under a Section 702 authorization, while preserving authority to seek a probable-cause-based warrant, FISA Title I order, or equivalent for their communications if they are foreign powers or agents thereof (under Titles I, III, or sections 703-705 of FISA) or are committing a crime (under the Federal Rules of Criminal Procedure); directs the Attorney General and Director of National Intelligence to establish procedures for determining such probable cause; and includes a savings clause preserving other legal authorities; and (3) prohibits use in criminal proceedings against U.S. persons of any information acquired under Section 702 in violation of the new targeting prohibition.

This section revises Section 709 of the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish three new criminal offenses with penalties, defenses, and federal jurisdiction for actions involving information acquired under FISA Section 702 (which authorizes warrantless surveillance targeting non-U.S. persons abroad for foreign intelligence purposes, with incidental collection and querying restrictions applicable to U.S. persons). It provides that (1) knowingly and willfully disclosing or retaining classified communications of known U.S. persons acquired under Title VII of FISA is punishable by fine, imprisonment for up to 8 years, or both; (2) a U.S. government officer or employee willfully conducting an unauthorized U.S. person query of Section 702 data is punishable by fine, imprisonment for up to 2 years, or both; and (3) knowingly and willfully falsifying records or misrepresenting compliance with Section 702 querying procedures to the Foreign Intelligence Surveillance Court or Court of Review is punishable by fine, imprisonment for up to 2 years, or both. Defenses are available for queries or misrepresentations conducted pursuant to official duties and authorized by a supervisor, attorney, or Senior Executive Service member (or equivalent), or based on good faith compliance with procedures; federal jurisdiction applies if the offender was a U.S. officer or employee at the time of the offense.

This section directs the Attorney General, not later than 60 days after the date of enactment, to (1) revoke procedures issued on or before December 31, 2025, pursuant to section 5(d) of the Reforming Intelligence and Securing America Act (Public Law 118-49), and (2) issue new procedures that comply with such section and ensure access by specified Members of Congress and staff to any proceeding of the Foreign Intelligence Surveillance Court (FISC) or Foreign Intelligence Surveillance Court of Review (FISCR). (As background, the FISC and FISCR authorize surveillance for foreign intelligence purposes under the Foreign Intelligence Surveillance Act of 1978, as amended.)

This section directs the Comptroller General of the United States to conduct an audit of the targeting procedures, including technical mechanisms, implementation, and operations, used for acquisitions under section 702 of the Foreign Intelligence Surveillance Act of 1978 (FISA). (As background, section 702 authorizes warrantless electronic surveillance targeting non-U.S. persons reasonably believed to be located outside the United States to acquire foreign intelligence information.) Not later than one year after the date of enactment, the Comptroller General must submit a report on the audit results—including an analysis of whether the procedures appropriately limit targeting to such persons—to the House and Senate Permanent Select/Select Committees on Intelligence and Committees on the Judiciary.