Real bill currently in Congress c/o HR/119/9238
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.
Latest action (2026-06-11): On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 198 - 218 (Roll no. 221).
Official summary
This bill extends the authorities of Title VII of the Foreign Intelligence Surveillance Act (FISA) until July 2, 2026. Title VII of FISA generally addresses electronic surveillance and other methods of acquiring foreign intelligence information that are directed at targets outside the United States. Title VII includes surveillance under Section 702, which concerns acquiring communications of non-U.S. persons believed to be outside the United States to obtain foreign intelligence information. Information about U.S. persons may incidentally be acquired by this type of surveillance and subsequently queried (searched) under certain circumstances. For additional information, see CRS In Focus, IF11451 Foreign Intelligence Surveillance Act (FISA); and CRS Report, R48592 FISA Section 702 and the 2024 Reforming Intelligence and Securing America Act.
The Framers
“Founders’ Verdict”
Confidence 0.75
Synthesis
The extension of Title VII of FISA, including Section 702, is constitutionally permissible only if the bill is amended to include explicit safeguards against unreasonable searches and seizures of U.S. persons' communications. Specifically, the statute must require a warrant based on probable cause for any query of incidentally collected U.S. person information, or at minimum provide robust procedural protections (e.g., judicial oversight) to prevent general warrants and protect Fourth Amendment rights. Absent such protections, the bill violates the Fourth Amendment.
The extension of Title VII of FISA, including Section 702, is constitutionally permissible only if it strictly adheres to the Fourth Amendment's protection against unreasonable searches and seizures. The incidental collection of U.S. persons' communications without a warrant based on probable cause raises serious concerns under the Fourth Amendment. Congress may authorize such surveillance for foreign intelligence purposes under its Article I, Section 8 powers to provide for the common defense and to make all laws necessary and proper for executing those powers, but it must ensure that queries…
This bill extends surveillance powers that permit the incidental collection of communications of U.S. persons without a warrant based on probable cause, which violates the Fourth Amendment's protection against unreasonable searches and seizures. The Constitution requires that any search of a person's papers or effects be supported by a warrant particularly describing the place to be searched and the persons or things to be seized. The incidental collection and subsequent querying of U.S. persons' communications under Section 702 lacks such particularized judicial oversight and effectively allo…
The extension of Title VII of FISA, particularly Section 702, raises grave concerns under the Fourth Amendment's protection against unreasonable searches and seizures, as well as the principle of separation of powers. The incidental collection of U.S. persons' communications without a warrant based on probable cause appears to violate the Fourth Amendment's requirement that 'no Warrants shall issue, but upon probable cause.' Moreover, the authority to query databases containing such incidentally collected information without individualized judicial oversight may constitute a general warrant, w…
This Court must consider the legislation in light of the Constitution's explicit grant to Congress of power to provide for the common defense and to regulate the means of gathering foreign intelligence, which is an inherent attribute of national sovereignty. The extension of Title VII of FISA, including Section 702, falls within Congress's authority under Article I, Section 8, Clause 18—the Necessary and Proper Clause—as it is a means reasonably adapted to the ends of protecting the nation from foreign threats. However, the Fourth Amendment, which guards against unreasonable searches and seizu…
What should pass
“AI Consensus Solution”
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