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118th Congress Armed Forces and National Security

H.R. 7888: Reforming Intelligence and Securing America Act

Became LawPublic Law 118-49, signed Apr 20, 2024

  1. Became law (completed)Apr 20, 2024

Summary

Public Law, Apr 20, 2024

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.
Read the full summary

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

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, Apr 12, 2024

On Passage

Passed 273–147

Yea 273majority 211Nay 147

  • Democrats147 yea, 59 nay
  • Republicans125 yea, 88 nay
  • Independents1 yea, 0 nay

Broke with their party: Ryan Zinke (R-MT), Rudy Yakym (R-IN), Bonnie Watson Coleman (D-NJ), Bruce Westerman (R-AR), Randy Weber (R-TX), Nikema Williams (D-GA), Maxine Waters (D-CA), Derrick Van Orden (R-WI), Beth Van Duyne (R-TX) and Jefferson Van Drew (R-NJ) voted Nay; and 137 more

See how all 420 members voted

Showing 431 of 431 members

Yea 273

Republicans (125)

Democrats (147)

Independents (1)

Nay 147

Republicans (88) broke with their party

Democrats (59) broke with their party

Senate final vote, Apr 19, 2024

On Passage of the Bill

Passed 60–34

Yea 60majority 48Nay 34

  • Democrats28 yea, 17 nay
  • Republicans30 yea, 16 nay
  • Independents2 yea, 1 nay

Broke with their party: Ron Wyden (D-OR), Peter Welch (D-VT), Elizabeth Warren (D-MA), Chris Van Hollen (D-MD), Tommy Tuberville (R-AL), Jon Tester (D-MT), Tim Scott (R-SC), Rick Scott (R-FL), Bernard Sanders (I-VT) and Rand Paul (R-KY) voted Nay; and 24 more

See how all 94 members voted

Showing 100 of 100 members

Not voting 6

Independents (1)

Roll calls

16 votes on this bill

Showing 7 of 16 roll calls

  • Apr 19, 2024SenateOn Passage of the BillFinal passagePassed, yea-nay 60–34
    Roll call 150 tally by party
    PartyYeaNayPresentNot voting
    Democrats281702
    Republicans301603
    Independents2101
    Total603406

    Senate roll call 150: On Passage of the Bill. Bill Passed.

    34 crossed party lines: 17 Democrats, 16 Republicans, 1 Independent

    How each member voted (100)
  • Apr 19, 2024SenateS.Amdt. 1840, LeeRejected, yea-nay 40–53
    Roll call 149 tally by party
    PartyYeaNayPresentNot voting
    Democrats182702
    Republicans212404
    Independents1201
    Total405307

    Senate roll call 149: On the Amendment. Amendment Rejected.

    Amendment by Mike Lee (R-UT)

    40 crossed party lines: 18 Democrats, 21 Republicans, 1 Independent

    How each member voted (100)
  • Apr 19, 2024SenateS.Amdt. 1841, DurbinRejected, yea-nay 42–50
    Roll call 148 tally by party
    PartyYeaNayPresentNot voting
    Democrats232202
    Republicans182605
    Independents1201
    Total425008

    Senate roll call 148: On the Amendment. Amendment Rejected.

    Amendment by Richard Durbin (D-IL)

    18 crossed party lines: 18 Republicans

    How each member voted (100)
  • Apr 19, 2024SenateS.Amdt. 1828, PaulRejected, yea-nay 11–81
    Roll call 147 tally by party
    PartyYeaNayPresentNot voting
    Democrats04502
    Republicans113305
    Independents0301
    Total118108

    Senate roll call 147: On the Amendment. Amendment Rejected.

    Amendment by Rand Paul (R-KY)

    11 crossed party lines: 11 Republicans

    How each member voted (100)
  • Apr 19, 2024SenateS.Amdt. 1820, WydenRejected, yea-nay 34–58
    Roll call 146 tally by party
    PartyYeaNayPresentNot voting
    Democrats182702
    Republicans152905
    Independents1201
    Total345808

    Senate roll call 146: On the Amendment. Amendment Rejected.

    Amendment by Ron Wyden (D-OR)

    34 crossed party lines: 18 Democrats, 15 Republicans, 1 Independent

    How each member voted (100)
  • Apr 19, 2024SenateS.Amdt. 1834, MarshallRejected, yea-nay 17–75
    Roll call 145 tally by party
    PartyYeaNayPresentNot voting
    Democrats04502
    Republicans172705
    Independents0301
    Total177508

    Senate roll call 145: On the Amendment. Amendment Rejected.

    Amendment by Roger Marshall (R-KS)

    17 crossed party lines: 17 Republicans

    How each member voted (100)
  • Apr 19, 2024SenateS.Amdt. 1829, PaulRejected, yea-nay 31–61
    Roll call 144 tally by party
    PartyYeaNayPresentNot voting
    Democrats153002
    Republicans152905
    Independents1201
    Total316108

    Senate roll call 144: On the Amendment. Amendment Rejected.

    Amendment by Rand Paul (R-KY)

    31 crossed party lines: 15 Democrats, 15 Republicans, 1 Independent

    How each member voted (100)

Amendments

27 offered

Showing 4 of 27 amendments

  • S.Amdt. 1841Richard Durbin D-ILFailedApr 19, 2024Apr 19, 2024: Amendment SA 1841 not agreed to in Senate by Yea-Nay Vote. 42 - 50. Record Vote Number: 148.
  • S.Amdt. 1840Mike Lee R-UTFailedApr 19, 2024Apr 19, 2024: Amendment SA 1840 not agreed to in Senate by Yea-Nay Vote. 40 - 53. Record Vote Number: 149.
  • S.Amdt. 1834Roger Marshall R-KSFailedApr 18, 2024Apr 19, 2024: Amendment SA 1834 not agreed to in Senate by Yea-Nay Vote. 17 - 75. Record Vote Number: 145.
  • S.Amdt. 1829Rand Paul R-KYFailedApr 18, 2024Apr 19, 2024: Amendment SA 1829, under the order of 4/19/2024, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 31 - 61. Record Vote Number: 144.
  • S.Amdt. 1828Rand Paul R-KYFailedApr 18, 2024Apr 19, 2024: Amendment SA 1828, under the order of 4/19/2024, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 11 - 81. Record Vote Number: 147.
  • S.Amdt. 1820Ron Wyden D-ORFailedApr 17, 2024Apr 19, 2024: Amendment SA 1820 not agreed to in Senate by Yea-Nay Vote. 34 - 58. Record Vote Number: 146.
  • H.Amdt. 881Michael Turner R-OHAgreedApr 12, 2024Apr 12, 2024: On agreeing to the Turner amendment (A006) Agreed to by recorded vote: 236 - 186 (Roll no. 118).
  • H.Amdt. 880Michael Waltz R-FLAgreedApr 12, 2024Apr 12, 2024: On agreeing to the Waltz amendment (A005) Agreed to by recorded vote: 227 - 193 (Roll no. 117).
  • H.Amdt. 879Dan Crenshaw R-TXAgreedApr 12, 2024Apr 12, 2024: On agreeing to the Crenshaw amendment (A004) Agreed to by recorded vote: 268 - 152 (Roll no. 116).
  • H.Amdt. 878Ben Cline R-VAAgreedApr 12, 2024Apr 12, 2024: On agreeing to the Cline amendment (A003) Agreed to by voice vote.
  • H.Amdt. 877Chip Roy R-TXAgreedApr 12, 2024Apr 12, 2024: On agreeing to the Roy amendment (A002) Agreed to by recorded vote: 269 - 153 (Roll no. 115).
  • H.Amdt. 876Andy Biggs R-AZFailedApr 12, 2024Apr 12, 2024: On agreeing to the Biggs amendment (A001) Failed by recorded vote: 212 - 212 (Roll no. 114).
  • S.Amdt. 1839Rand Paul R-KYNo outcomeApr 19, 2024
  • S.Amdt. 1838Rand Paul R-KYNo outcomeApr 19, 2024
  • S.Amdt. 1837Rand Paul R-KYNo outcomeApr 19, 2024
  • S.Amdt. 1836Mike Lee R-UTNo outcomeApr 18, 2024
  • S.Amdt. 1833Rand Paul R-KYNo outcomeApr 18, 2024
  • S.Amdt. 1832Richard Durbin D-ILNo outcomeApr 18, 2024
  • S.Amdt. 1831Mazie Hirono D-HINo outcomeApr 18, 2024
  • S.Amdt. 1830Mazie Hirono D-HINo outcomeApr 18, 2024
  • S.Amdt. 1827Ron Wyden D-ORNo outcomeApr 18, 2024
  • S.Amdt. 1826Mike Lee R-UTNo outcomeApr 18, 2024
  • S.Amdt. 1825Roger Marshall R-KSNo outcomeApr 18, 2024
  • S.Amdt. 1824Roger Marshall R-KSNo outcomeApr 18, 2024
  • S.Amdt. 1823Roger Marshall R-KSNo outcomeApr 18, 2024

Who scored on this bill

8,402 points earned
  1. 1Laurel Lee R-FL SponsorIntroduced, passed House, passed Senate, became law; 2 maverick votes6 events+142
  2. 2Rand Paul R-KY9 maverick votes; 6 amendments offered15 events+66
  3. 3Roger Marshall R-KS9 maverick votes; 4 amendments offered13 events+62
  4. 4Mike Lee R-UT9 maverick votes; 3 amendments offered12 events+60
  5. 5Joshua Hawley R-MO9 maverick votes; 1 amendment offered10 events+56
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Laurel Lee

History

  1. Apr 20, 2024Presented to the President. Signed by the President. Became Public Law 118-49.
  2. Apr 19, 2024Passed the Senate, 60–34.
  3. Apr 12, 2024Passed the House, 273–147.
  4. Apr 9, 2024Introduced in the House by Laurel Lee.
Show the full action history (49 actions)
  1. Apr 20, 2024Message on Senate action sent to the House.
  2. Apr 20, 2024Presented to President.
  3. Apr 20, 2024Signed by President.
  4. Apr 20, 2024Became Public Law No: 118-49.
  5. Apr 19, 2024Motion to proceed to measure considered in Senate. (CR S2907)
  6. Apr 19, 2024Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 62 - 30. Record Vote Number: 143.
  7. Apr 19, 2024Measure laid before Senate by motion. (consideration: CR S2921-2928)
  8. Apr 19, 2024Passed/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.
  9. Apr 19, 2024Passed 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.
  10. Apr 18, 2024Motion to proceed to measure considered in Senate. (CR S2833)
  11. Apr 18, 2024Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 67 - 32. Record Vote Number: 141. (CR S2838)
  12. Apr 17, 2024Motion to proceed to measure considered in Senate. (CR S2797)
  13. Apr 16, 2024Motion to proceed to consideration of measure made in Senate. (CR S2762)
  14. Apr 16, 2024Cloture motion on the motion to proceed to the measure presented in Senate. (CR S2762)
  15. Apr 15, 2024Considered as unfinished business. (consideration: CR H2382-2383)
  16. Apr 15, 2024Mr. Turner moved to table the motion to reconsider
  17. Apr 15, 2024On motion to table the motion to reconsider Agreed to by recorded vote: 259 - 128 (Roll no. 120).
  18. Apr 15, 2024Motion to reconsider laid on the table.
  19. Apr 15, 2024Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (Legislative Day April 10, 2024).
  20. Apr 15, 2024Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 365.
  21. Apr 12, 2024Rules 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.
  22. Apr 12, 2024Considered under the provisions of rule H. Res. 1137. (consideration: CR H2328-2359; text: CR H2337-2345)
  23. Apr 12, 2024Rule 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.
  24. Apr 12, 2024House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1137 and Rule XVIII.
  25. Apr 12, 2024The Speaker designated the Honorable Daniel Meuser to act as Chairman of the Committee.
  26. Apr 12, 2024GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 7888.
  27. Apr 12, 2024DEBATE - 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.
  28. Apr 12, 2024POSTPONED 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.
  29. Apr 12, 2024DEBATE - 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.
  30. Apr 12, 2024POSTPONED 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.
  31. Apr 12, 2024DEBATE - 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.
  32. Apr 12, 2024DEBATE - 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.
  33. Apr 12, 2024POSTPONED 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.
  34. Apr 12, 2024DEBATE - 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.
  35. Apr 12, 2024POSTPONED 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.
  36. Apr 12, 2024DEBATE - 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.
  37. Apr 12, 2024POSTPONED 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.
  38. Apr 12, 2024The House rose from the Committee of the Whole House on the state of the Union to report H.R. 7888.
  39. Apr 12, 2024The previous question was ordered pursuant to the rule.
  40. Apr 12, 2024The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
  41. Apr 12, 2024Passed/agreed to in House: On passage Passed by recorded vote: 273 - 147 (Roll no. 119).
  42. Apr 12, 2024On passage Passed by recorded vote: 273 - 147 (Roll no. 119).
  43. Apr 12, 2024Motion to reconsider laid upon the table. Objection heard.
  44. Apr 12, 2024Ms. Lee (FL) moved to reconsider.
  45. Apr 12, 2024Mr. Turner moved to table the motion to reconsider
  46. Apr 12, 2024POSTPONED 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.
  47. Apr 10, 2024Rules 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.
  48. Apr 9, 2024Introduced in House
  49. Apr 9, 2024Referred 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.