1. Executive Summary
This bill would extend the expiration date for specific foreign intelligence surveillance authorities under Title VII of the Foreign Intelligence Surveillance Act from their current deadline to October 20, 2027.
2. What This Bill Would Do
.Extends Expiration: The bill sets the repeal date for Title VII of the Foreign Intelligence Surveillance Act (FISA) as October 20, 2027.
Adjusts Legal Timelines: It replaces previous language that tied the expiration to "two years after the date of enactment" of prior law with the fixed date of October 20, 2027.
Modifies Transition Procedures: It updates the transition rules for ongoing surveillance to align with the new 2027 repeal date.
Standardizes Statutory References: It removes references to multiple previous amending acts and replaces them with direct citations to the U.S. Code (50 U.S.C. 1881 et seq.).
Context: What is FISA Title VII?
Targeting Foreign Persons: Allows the Attorney General and Director of National Intelligence to jointly authorize the targeting of non-U.S. persons reasonably believed to be outside the United States for up to one year to acquire foreign intelligence.
Targeting Restrictions: Explicitly prohibits intentionally targeting anyone inside the United States, targeting a person outside the U.S. as a "backdoor" to get to someone inside, or targeting any United States person anywhere.
Court Oversight: Requires the Foreign Intelligence Surveillance Court (FISC) to review and approve the procedures used by the government to ensure they target the right people and protect the privacy of U.S. persons.
Service Provider Directives: Authorizes the government to issue written directives to electronic communication service providers (like ISPs or telcos) to assist in these acquisitions, with a requirement that the government compensates them at prevailing rates.
Legal Protections: Provides immunity from civil lawsuits for communication providers that assist the government in accordance with these directives.
WHAT SUPPORTERS SAY
Supporters, including the bill's sponsor, propose this extension to maintain the continuity of Title VII authorities for national security purposes.
WHAT CRITICS SAY
Opponents of FISA extensions typically raise concerns regarding the "incidental" collection of Americans' data and the administrative processes used to query that information. (Note: Specific critic testimony on H.R. 8035 is not included in the bill text itself).
3. Who is Affected
Intelligence and Justice Agencies: The NSA, CIA, and FBI, along with the Department of Justice (DOJ) and the Office of the Director of National Intelligence (ODNI), would see their legal authority to conduct Title VII surveillance extended.
The Foreign Intelligence Surveillance Court (FISC): This body would continue its role in reviewing certifications and procedures associated with these authorities through the new expiration date.
Electronic Communication Service Providers: Private telecommunications and technology companies would remain subject to directives to assist in the collection of authorized communications.
4. The Numbers
CBO Cost Estimate | Not yet scored (FISA operational costs are generally classified). |
Effective Date | The earlier of the date of enactment or April 19, 2026. |
Funding Source | Not specified in the bill text. |
5. Where it Stands
Committee | House Judiciary; House Intelligence. |
Hearing Scheduled? | No. |
Companion Bill? | None identified. |
Cosponsors | 0. |
Likelihood | Moderate (FISA reauthorizations are high-priority but often face significant legislative debate). |
6. Primary Sources
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