FISA Title VII Surveillance Reauthorization

Current understanding

Congress periodically reauthorizes Title VII of the Foreign Intelligence Surveillance Act (including Section 702), which governs targeted surveillance of non-U.S. persons located abroad and incidentally collects data on U.S. persons in communication with them. HR9238 (119th Congress) proposed extending these authorities until July 2, 2026, but failed to pass the House. The reauthorization cadence is the primary vehicle through which changes to surveillance scope, minimization procedures, and U.S. person query rules are debated.

Evidence log

• 2026-05-13 — A bill to extend section 702 of the Foreign Intelligence Surveillance Act of 1978 for 3 years.: 2026 — S.4344 (119th Congress) introduced in the Senate to extend FISA Section 702 authorities for three years, a longer-term reauthorization vehicle compared to prior short-term extensions (HR9115, S.4444) following the failure of HR9238. (novelty: 2)
• 2026-04-30 — 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 through May 21, 2026, and for other purposes.: 2026 — S.4444 (119th Congress) introduced in the Senate to extend FISA Title VII authorities through a fixed May 21, 2026 date, a shorter-term Senate vehicle following the failure of HR9238. (novelty: 2) (novelty: 2)
• 2026-06-05 — Fallen Servicemembers Religious Heritage Restoration Act: 2026 — Fallen Servicemembers Religious Heritage Restoration Act (introduced) proposes reauthorizing FISA Section 702 through April 2029 with new FBI oversight requirements (ODNI monthly reviews, attorney-only query approval) and criminal penalties for query misuse, paired with an unrelated CBDC prohibition. (novelty: 3)
• 2026-06-29 — Chatrie v. United States: cross-connection with chatrie-geofence-warrants: Both concern the constitutional and statutory boundaries of government access to data held by private communications and technology providers. (novelty: 4)
• 2026-06-03 — 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.: 2026 — HR9115 (119th Congress) introduced in the House to amend the FISA Amendments Act of 2008 and extend Title VII surveillance authorities, another vehicle following the failure of HR9238. (novelty: 2)
• 2026-06-11 — 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.: A Senate bill in the 119th Congress was introduced to extend Title VII FISA surveillance authorities beyond their current expiration, offering a parallel legislative vehicle after HR9238 failed in the House. (novelty: 2)

Open questions

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