Reforming Intelligence and Securing America Act

Bill: 118-hr-7888
Sponsor: Rep. Lee, Laurel M. [R-FL-15]
Introduced: 2024-04-09 in the House
Policy area: Armed Forces and National Security
Subjects: Civil actions and liability
Computers and information technology
Congressional leadership
Congressional oversight
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Criminal procedure and sentencing
Evidence and witnesses
Federal Bureau of Investigation (FBI)
Government information and archives
Government studies and investigations
Intelligence activities, surveillance, classified information
Judicial review and appeals
Law enforcement officers
Lawyers and legal services
Members of Congress
Performance measurement

Summary:
action_date: 2024-04-09
text: 

Reforming Intelligence and Securing America Act 

 
This bill reauthorizes Title VII of the Foreign Intelligence Surveillance Act (FISA) for five years and makes changes to FISA, including certain restrictions on surveillance under Section 702. (Sec. 702 concerns electronic surveillance 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 searched or &quot;queried&quot; under certain circumstances.)
 
 The bill places statutory limits on querying the contents of information collected under Section 702, including 
 
 
prohibiting Federal Bureau of Investigation (FBI) personnel from making U.S. person queries without prior approval by certain FBI supervisors or attorneys unless the query might mitigate or eliminate a threat to life or serious bodily harm;
 
 requiring the FBI Deputy Director to approve certain politically sensitive query terms (such as those that identify certain elected and appointed officials);
 
 prohibiting the involvement of political appointees in the approval process for such politically sensitive query requests; and 
 
 requiring the FBI Director to establish consequences for noncompliant querying of U.S. person terms, including zero tolerance for willful misconduct. 
 
 
Other provisions include 
 
 
 requiring applications for a surveillance order under FISA to be supported by sworn statements and limiting the use of information in such applications derived from political organizations or media sources, 
 
increasing criminal penalties related to FISA, and 
 
 requiring adverse consequences (e.g., suspension without pay or removal) for government officers and employees who engage in intentional misconduct with respect to proceedings before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. 
 

action_date: 2024-04-20
text: 

Reforming
 
Intelligence and Securing America Act

This act reauthorizes Title VII of the Foreign Intelligence Surveillance Act (FISA) for two years and makes changes to FISA, including expanding restrictions on surveillance under Section 702. (Section 702 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 searched or 
queried
 under certain circumstances.)

Changes to FISA include

requiring applications for electronic surveillance or a physical search under FISA to be supported by sworn statements and limiting the use of information derived from political organizations or media sources in such applications;

requiring any extension of an order for electronic surveillance under FISA targeting a U.S. person to be granted or denied by the same judge who issued the original order to the extent practicable and absent exigent circumstances;

providing that specified congressional leaders are entitled to attend any proceeding of the Foreign Intelligence Surveillance Court (FISC) or the Foreign Intelligence Surveillance Court of Review (FISC-R) and that each such leader may also designate up to two staff members to attend on his or her behalf;

repealing the authority to resume 
abouts collection
 (i.e., intentionally acquiring communications that contain a reference to, but are not to or from, a target of acquisition authorized under section 702(a) of FISA);

increasing certain criminal and civil penalties related to FISA;

requiring adverse consequences (e.g., suspension without pay or removal) for federal government officers and employees who engage in intentional misconduct with respect to proceedings before the FISC or FISC-R;

expanding the definition of 
foreign intelligence information
 to include information related to the ability of the United States to protect against the international production, distribution, or financing of drugs driving overdose deaths (such as illicit synthetic drugs and opioids) or their precursors; and

expanding the definition of 
electronic communication service provider
 to include any service provider that has access to equipment that is being or may be used to transmit of store wire or electronic communications, but excluding entities that serve primarily as dwellings, food service establishments, community facilities, or public accommodation facilities.

The act also makes various changes related to querying the contents of information collected under Section 702 of FISA. The statutory changes related to such querying include

prohibiting Federal Bureau of Investigation (FBI) personnel from making U.S. person queries without prior approval by certain FBI supervisors or attorneys unless the query might mitigate or eliminate a threat to life or serious bodily harm;

requiring the FBI Deputy Director to approve certain politically sensitive query terms (such as those that identify certain elected and appointed officials);

prohibiting the involvement of political appointees in the approval process for such politically sensitive query requests;

requiring the FBI to establish consequences for noncompliant querying of U.S. person terms, including zero tolerance for willful misconduct and escalating consequences for unintentional noncompliance, as well as consequences for supervisors who oversee those that engage in noncompliant querying;

requiring the FBI Director to notify congressional leaders and the affected Member of Congress of any query using the name or personally identifying information of a Member of Congress, except that the Director may waive such notification if it would impede an ongoing national security or law enforcement investigation;

prohibiting the FBI from conducting a query using the name or personally identifying information of a Member of Congress to supplement a defensive briefing about a counterintelligence threat to that Member unless the Member consents or the FBI Deputy Director determines that exigent circumstances exist (however, the FBI Director must notify congressional leaders when the FBI seeks such consent or when it makes an exigent circumstance determination);

prohibiting queries that are solely designed to find and extract evidence of a crime, with certain exceptions;

allowing such querying to vet non-U.S. persons who are being processed for travel to the United States provided that no U.S. person terms are used;

requiring the Department of Justice (DOJ) to audit all U.S. person queries within 180 days of such query; and

requiring the DOJ Inspector General to report to Congress on FBI querying practices, including an evaluation of compliance by FBI personnel with the procedures governing queries using U.S. person query terms.

The act establishes a FISA Reform Commission to review the effectiveness of the current implementation of FISA and to develop recommendations for legislative reform of FISA that provide for the effective conduct of U.S. intelligence activities and the protection of privacy and civil liberties.

For additional information see

 CRS In Focus 11451, Foreign Intelligence Surveillance Act (FISA) ;

 CRS Legal Sidebar 11148, FISA Section 702 Sunset, Authorization, and Potential Extension ; 

 CRS Report R47477, Reauthorization of Title VII of the Foreign Intelligence Surveillance Act ; and

 CRS Report R48592, FISA Section 702 and the 2024 Reforming Intelligence and Securing America Act 



Legislative actions:
action_date: 2024-04-20
text: Became Public Law No: 118-49.
action_date: 2024-04-20
text: Became Public Law No: 118-49.
action_date: 2024-04-20
text: Signed by President.
action_date: 2024-04-20
text: Signed by President.
action_date: 2024-04-20
text: Presented to President.
action_date: 2024-04-20
text: Presented to President.
action_date: 2024-04-20
text: Message on Senate action sent to the House.
action_date: 2024-04-19
text: Passed Senate, under the order of 4/19/2024, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 60 - 34. Record Vote Number: 150.
action_date: 2024-04-19
text: Passed/agreed to in Senate: Passed Senate, under the order of 4/19/2024, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 60 - 34. Record Vote Number: 150.
action_date: 2024-04-19
text: Measure laid before Senate by motion. (consideration: CR S2921-2928)
action_date: 2024-04-19
text: Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 62 - 30. Record Vote Number: 143.
action_date: 2024-04-19
text: Motion to proceed to measure considered in Senate. (CR S2907)
action_date: 2024-04-18
text: Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 67 - 32. Record Vote Number: 141. (CR S2838)
action_date: 2024-04-18
text: Motion to proceed to measure considered in Senate. (CR S2833)
action_date: 2024-04-17
text: Motion to proceed to measure considered in Senate. (CR S2797)
action_date: 2024-04-16
text: Cloture motion on the motion to proceed to the measure presented in Senate. (CR S2762)
action_date: 2024-04-16
text: Motion to proceed to consideration of measure made in Senate. (CR S2762)
action_date: 2024-04-15
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 365.
action_date: 2024-04-15
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (Legislative Day April 10, 2024).
action_date: 2024-04-15
text: Motion to reconsider laid on the table.
action_date: 2024-04-15
text: On motion to table the motion to reconsider Agreed to by recorded vote: 259 - 128 (Roll no. 120).
action_date: 2024-04-15
text: Mr. Turner moved to table the motion to reconsider
action_date: 2024-04-15
text: Considered as unfinished business. (consideration: CR H2382-2383)
action_date: 2024-04-12
text: POSTPONED PROCEEDINGS - The Chair put the question on the motion to table the motion to reconsider and by voice vote announced that the ayes had prevailed. Mrs. Luna demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
action_date: 2024-04-12
text: Mr. Turner moved to table the motion to reconsider
action_date: 2024-04-12
text: Ms. Lee (FL) moved to reconsider.
action_date: 2024-04-12
text: Motion to reconsider laid upon the table. Objection heard.
action_date: 2024-04-12
text: On passage Passed by recorded vote: 273 - 147 (Roll no. 119).
action_date: 2024-04-12
text: Passed/agreed to in House: On passage Passed by recorded vote: 273 - 147 (Roll no. 119).
action_date: 2024-04-12
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2024-04-12
text: The previous question was ordered pursuant to the rule.
action_date: 2024-04-12
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 7888.
action_date: 2024-04-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Turner amendment No. 6, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Turner demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.
action_date: 2024-04-12
text: DEBATE - Pursuant to the provisions of H. Res. 1137, the Committee of the Whole proceeded with 10 minutes of debate on the Turner amendment No. 6.
action_date: 2024-04-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Waltz amendment No. 5, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Ms. Jayapal demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.
action_date: 2024-04-12
text: DEBATE - Pursuant to the provisions of H. Res. 1137, the Committee of the Whole proceeded with 10 minutes of debate on the Waltz amendment No. 5.
action_date: 2024-04-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Crenshaw amendment No. 4, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Crenshaw demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.
action_date: 2024-04-12
text: DEBATE - Pursuant to the provisions of H. Res. 1137, the Committee of the Whole proceeded with 10 minutes of debate on the Crenshaw amendment No. 4.
action_date: 2024-04-12
text: DEBATE - Pursuant to the provisions of H. Res. 1137, the Committee of the Whole proceeded with 10 minutes of debate on the Cline amendment No. 3.
action_date: 2024-04-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 2, the Chair put the question on agreeing to the amendment and by voice vote, announced the ayes had prevailed. Mr. Turner demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.
action_date: 2024-04-12
text: DEBATE - Pursuant to the provisions of H. Res. 1137, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 2.
action_date: 2024-04-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Biggs amendment No. 1, the Chair put the question on agreeing to the amendment and by voice vote, announced the ayes had prevailed. Mr. Turner demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.
action_date: 2024-04-12
text: DEBATE - Pursuant to the provisions of H. Res. 1137, the Committee of the Whole proceeded with 10 minutes of debate on the Biggs amendment No. 1.
action_date: 2024-04-12
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 7888.
action_date: 2024-04-12
text: The Speaker designated the Honorable Daniel Meuser to act as Chairman of the Committee.
action_date: 2024-04-12
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1137 and Rule XVIII.
action_date: 2024-04-12
text: Rule provides for consideration of H.R. 7888, H.R. 529, H. Res. 1112 and H. Res. 1117. The resolution provides for consideration of H.R. 7888 under a structured rule and H.R. 529, H. Res. 1112, and H. Res. 1117 each under a closed rule. Rule provides for one hour of general debate on H.R. 7888, H.R. 529, H. Res. 1112, and H. Res. 1117. Motion to recommit allowed on H.R. 7888 and H.R. 529.
action_date: 2024-04-12
text: Considered under the provisions of rule H. Res. 1137. (consideration: CR H2328-2359; text: CR H2337-2345)
action_date: 2024-04-12
text: Rules Committee Resolution H. Res. 1137 Reported to House. Rule provides for consideration of H.R. 7888, H.R. 529, H. Res. 1112 and H. Res. 1117. The resolution provides for consideration of H.R. 7888 under a structured rule and H.R. 529, H. Res. 1112, and H. Res. 1117 each under a closed rule. Rule provides for one hour of general debate on H.R. 7888, H.R. 529, H. Res. 1112, and H. Res. 1117. Motion to recommit allowed on H.R. 7888 and H.R. 529.
action_date: 2024-04-10
text: Rules Committee Resolution H. Res. 1125 Reported to House. Rule provides for consideration of H.R. 7888, H.R. 529, H. Res. 1112 and H. Res. 1117. The resolution provides for consideration of H.R. 7888 under a structured rule and H.R. 529, H. Res. 1112, and H. Res. 1117 each under a closed rule. The rule provides for two hours of general debate on H.R. 7888 and one hour of general debate on H.R. 529, H. Res. 1112, and H. Res. 1117. Motion to recommit provided on H.R. 7888 and H.R. 529.
action_date: 2024-04-09
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2024-04-09
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2024-04-09
text: Introduced in House
action_date: 2024-04-09
text: Introduced in House

Enacted as: number: 118-49