The New FISA Rules That Could Put Rogue FBI Agents Behind Bars
A new legislative push by House Republicans in Washington, titled the Foreign Intelligence Accountability Act, is set to fundamentally change how the FBI accesses data on U.S. citizens. The bill, a House amendment to S. 1318, introduces strict oversight and criminal consequences to prevent surveillance overreach.
The legislation mandates a monthly audit of FBI activities. Section 2 requires the FBI to submit written statements for every search query involving a “United States person” to a dedicated Civil Liberties Protection Officer.
If this officer detects any hint of privacy abuse, the matter must be referred to the Inspector General for a criminal investigation.
Perhaps the most significant change is the introduction of prison time for government employees. Under Section 3, any FBI officer who “knowingly and willfully” violates search procedures or falsifies records to justify a query could face up to five years in federal prison.
This moves surveillance violations from internal disciplinary issues to the realm of federal crimes.
To protect domestic privacy, the bill clarifies Fourth Amendment requirements. It explicitly prohibits the intentional targeting of Americans under Section 702. If the government intends to surveil a U.S. person, it must seek a traditional warrant or a specific court order through established legal channels, rather than using foreign intelligence tools.
The Act also includes several structural reforms to increase transparency:
- Attorney Oversight: FBI agents can no longer rely on a supervisor’s sign-off for queries involving Americans; the bill now requires approval from an attorney.
- Congressional Access: The Attorney General must update procedures to ensure Members of Congress and their staff can attend secretive Foreign Intelligence Surveillance Court proceedings.
- GAO Audits: The Government Accountability Office is ordered to conduct a full technical audit of targeting procedures to confirm the government is not overstepping its bounds.
While the bill adds these layers of accountability, it ensures the underlying surveillance authorities do not lapse.
It extends the expiration of FISA’s Title VII authorities for three years, moving the sunset date from April 30, 2026, to April 30, 2029. The changes are slated to take effect by late April 2026.