All Roll Calls
Yes: 721 • No: 371
118-hr-7888118th Congress
Reforming Intelligence and Securing America Act
Sponsored By: Representative Lee, Laurel M. [R-FL-15]
Became Law
Summary
Tightens FBI Section 702 queries and oversight by restricting who can run U.S. person searches, increasing audits and reporting, and raising penalties for misuse. It also reshapes Foreign Intelligence Surveillance Court rules and requires quick recertification of Section 702 authorities.
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- Requires prompt reporting to the congressional intelligence and Judiciary committees and to the Member when a Section 702 query identifies a Member of Congress. It also creates consent and notification rules for FBI queries used in defensive briefings.
- Limits U.S. person queries to prior supervisory or attorney approval, bans political appointee involvement, mandates written justifications and training, and requires retention of query metadata. It mandates quarterly audits and includes a 2-year sunset for some query restrictions unless internal audits certify compliance.
- Bars queries designed solely to extract ordinary criminal evidence and restricts ingestion of unminimized Section 702 content into analytic repositories except for predicated national security investigations or exigent help to other agencies. Agencies must seek new Section 702 orders aligned with the law within 90 days and many application-content rules take effect after 120 days.
- Imposes time-bound accountability standards for the FBI with zero tolerance for willful misconduct, annual leadership evaluations, and reporting requirements. It expands criminal penalties for unauthorized disclosures up to 8 years, raises civil-damage floors to at least $10,000 for U.S. persons, and strengthens removal and contempt authorities.
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 3 benefits, 0 costs, 4 mixed.
Stricter FBI searches of 702 data
The law tightens FBI searches of Section 702 data. Supervisors or FBI attorneys must approve any search that uses a U.S. person’s name or info, and staff must write down a factual reason. DOJ must audit each U.S.-person query within 180 days. The FBI must add system controls to prevent accidental searches of raw 702 data and set accountability rules in 90 days. Special protections apply to Members of Congress, including consent or leadership notice within three business days.
Limits on storing 702 data, travel checks
The FBI cannot load raw Section 702 data into its analytics systems unless it ties to an open, predicated national security case. In emergencies, the Director may allow it but must notify Congress within three business days. The FBI can also use data when giving technical help to another federal agency. Agencies must also vet non‑U.S. persons processed for travel to the U.S. using non‑U.S. person query terms.
New targeting safeguards and 702 renewal
The government must get an individual probable‑cause court order before targeting a U.S. person under Section 702. The law repeals authority to resume “abouts” collection. Within 90 days of enactment, the Attorney General and DNI must obtain new Section 702 orders under the updated rules. Section 702 authority is extended for two years after enactment. DOJ’s National Security Division must review targeting annually, the DOJ Inspector General audits samples, and agencies must certify within 180 days and then yearly that they did not target known U.S. persons.
Stronger court rules for FISA requests
Starting 120 days after enactment, applications must include sworn facts and non‑cumulative exculpatory information. Tips from political groups or the press must be clearly identified and corroborated. For U.S. persons, applicants must summarize prior investigative steps and, for some claims, certify a related criminal offense. When possible, the same judge handles extensions for U.S. persons. For some non‑U.S. person orders, the maximum duration increases to one year.
More transparency and faster disclosures
The DNI must alert the intelligence committees within 7 days of any significant unauthorized Section 702 disclosure. FISA court transcripts are stored with the case, committees get notice within 45 days, and the Attorney General must enable committee review within three business days. Declassification reviews must finish within 180 days. After a civil FISA violation finding, the agency must report actions to Congress and the FISA court keeps a list. An Inspector General report on FBI query compliance is due within 545 days, a near‑real‑time monitoring study is due within one year, and a FISA Reform Commission is created and convenes within 180 days.
Tougher penalties and bigger damages
Sharing classified communications from Title VII that include a U.S. person is now a crime, with up to 8 years in prison. Knowingly leaking FISA applications can mean up to 10 years. Lying in FISC matters can mean up to 10 years. Contempt powers now cover the FISA courts. People who win civil cases get higher minimum damages: U.S. persons get at least $10,000 or $1,000 per day; others get at least $1,000 or $100 per day.
Broader scope: drugs and providers
Foreign intelligence now includes international production, distribution, financing, and precursors tied to synthetic drugs, opioids, and cocaine. More service providers count as electronic communications providers if they can access equipment that sends or stores communications. Homes, hotels, community facilities, and food service establishments are excluded.
Sponsors & CoSponsors
Sponsor
Lee, Laurel M. [R-FL-15]
FL • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
senate vote • 4/19/2024
On Passage of the Bill H.R. 7888
Yes: 60 • No: 34
senate vote • 4/19/2024
On the Motion to Proceed H.R. 7888
Yes: 62 • No: 30
senate vote • 4/18/2024
On the Cloture Motion H.R. 7888
Yes: 67 • No: 32
house vote • 4/15/2024
Table Motion to Reconsider
Yes: 259 • No: 128
house vote • 4/12/2024
On Passage
Yes: 273 • No: 147