Public Law 119-87 Extends FISA Title VII Authorities

Public Law 119-87 took effect on May 6, 2026. The statute extends the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978.

Title VII authorizes the targeting of non-United States persons reasonably believed to be located outside the United States to acquire foreign intelligence information. These authorities are implemented through certifications that the Foreign Intelligence Surveillance Court must approve or review.

The National Security Agency, Central Intelligence Agency, and Federal Bureau of Investigation use these authorities in their operations.

The extension covers the full set of provisions in title VII, including section 702. Section 702 allows acquisition of communications content and metadata without a warrant when the target is a non-U.S. person abroad. Incidental collection of communications involving U.S. persons occurs under the program, and those communications are subject to minimization rules.

Prior to this law, the authorities were subject to a sunset clause that would have terminated them on the date specified in the previous extension. Enactment of Public Law 119-87 removed that termination date and established a new period of authorization.

The change requires the Attorney General to continue submitting annual certifications to the Foreign Intelligence Surveillance Court. The court retains its role in assessing whether the targeting procedures comply with statutory requirements. Intelligence agencies must adhere to the same reporting obligations to the congressional intelligence committees.

This extension keeps in place the operational structure for foreign intelligence collection. It allows ongoing access to communication channels used by foreign actors. The Department of Justice and the Office of the Director of National Intelligence will manage the next cycle of procedure reviews under the extended authorities.

The public law also includes provisions for other purposes as noted in its title, though the primary focus remains the extension of title VII. No changes to the underlying definitions of foreign intelligence information or the categories of authorized targets are introduced by this measure.

The law applies uniformly across the intelligence community elements authorized to use title VII. State and local entities are not directly affected, as the authorities are limited to federal intelligence activities.

This action aligns with the standard legislative process for FISA authorities, where Congress reviews and renews the framework at intervals to account for technological changes in communications. In the recent record, title VII has undergone reauthorization on a recurring basis since its enactment in 2008.

Each extension has preserved the core structure while incorporating amendments from prior legislation.