Overview
Title
An Act To reform the Foreign Intelligence Surveillance Act of 1978.
ELI5 AI
H.R. 7888 is a bill that changes the rules on spying to make sure the government is more careful when looking at American people's information and tells them to report what they find, while also making new rules to stop sharing secrets without permission.
Summary AI
H.R. 7888 aims to reform the Foreign Intelligence Surveillance Act (FISA) of 1978 by introducing stricter controls on intelligence activities related to American citizens. This bill focuses on limiting the FBI's ability to conduct searches on queries involving American identities without proper oversight and imposes mandatory audits and reporting requirements to ensure accountability. It also enhances penalties for unauthorized disclosures and false statements and sets up a commission to continuously review FISA reforms. Additionally, the bill extends certain FISA authorities and adjustments to definitions used within FISA to enhance counterintelligence capabilities.
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AnalysisAI
The proposed legislation, titled the "Reforming Intelligence and Securing America Act," aims to introduce a comprehensive set of reforms to the Foreign Intelligence Surveillance Act (FISA) of 1978. This bill, known as House Resolution 7888, intends to enhance oversight and accountability of surveillance activities by various government bodies, notably the Federal Bureau of Investigation (FBI). The changes introduced encompass stricter guidelines for querying procedures, limitations on the use of collected data, enhanced transparency requirements, and significant penalties for unauthorized disclosures.
General Summary of the Bill
The bill proposes adjustments to the existing surveillance processes, specifically targeting provisions under Section 702 of FISA. Several key reforms include the implementation of stringent measures for conducting and approving queries involving U.S. persons, mandatory audits, and restrictions on using surveillance data for criminal investigations unrelated to national security. Furthermore, the bill stipulates increased penalties for unauthorized disclosures of sensitive information, and it establishes clear accountability and oversight mechanisms by introducing reporting requirements and transparency measures. Additionally, this legislative effort extends certain authorities related to FISA amendments, emphasizes reforms at the Foreign Intelligence Surveillance Court, and seeks to include counternarcotics within the definition of foreign intelligence.
Summary of Significant Issues
One of the central issues identified is the vague language regarding exceptions for FBI queries without prior approval, especially in exigent circumstances, which could lead to potential misuse. The bill restricts the FBI from utilizing information obtained through Section 702 for queries aimed solely at finding evidence of crimes, potentially hampering investigative efforts. Further, terminological ambiguities such as "reasonable belief" or "exigent circumstances" may create enforcement challenges. Additionally, extended definitions of "electronic communication service providers" could inadvertently encompass a wide range of entities, raising privacy concerns.
The severe penalties proposed for unauthorized disclosures have triggered concerns that they might deter whistleblowers from exposing government misconduct. The requirement for annual certifications related to targeting decisions lacks detailed standards and consequences for non-compliance. Finally, the intricate language and legal jargon found throughout the bill raise accessibility issues, potentially affecting public understanding and transparency.
Impact on the Public
The bill's impact on the public can be both far-reaching and nuanced. On one hand, increased oversight and stricter querying procedures aimed at the intelligence agencies may enhance privacy protections for U.S. citizens, thus contributing positively by safeguarding civil liberties. On the other hand, the lack of clarity on certain provisions and exceptions could result in inconsistent application of the rules, inadvertently undermining public trust.
Enhanced penalties for unauthorized disclosures might protect sensitive information, yet they risk discouraging individuals from coming forward with legitimate grievances or intelligence missteps. Furthermore, by involving public institutions like Congressional committees more deeply in the oversight process, the bill could foster greater accountability, yet it imposes substantial administrative burdens that might impact governmental efficiency.
Impact on Specific Stakeholders
For intelligence and law enforcement agencies such as the FBI, adhering to the newly established standards and reporting obligations might present operational challenges. While reforms aim to ensure accountability, stricter controls and heavier reporting duties could strain resources and hinder rapid response in legitimate national security scenarios.
For civil rights organizations and privacy advocates, the bill represents a step forward in protecting individuals' rights from potential surveillance overreach. However, the vagueness and complexity of certain sections could impede effective advocacy and monitoring of the law's application.
For legislators and government officials, particularly those involved in intelligence oversight, the bill underscores the importance of maintaining a delicate balance between national security interests and protecting citizens' rights. Establishing clear guidelines and effective oversight mechanisms will be crucial in ensuring that the reforms fulfill their intended purpose without unnecessary expansion of bureaucratic oversight.
Overall, the "Reforming Intelligence and Securing America Act" lays a foundation for addressing key reform issues related to surveillance and intelligence operations while presenting notable challenges in terms of clarity, implementation, and public understanding.
Financial Assessment
In the bill H.R. 7888, which seeks to reform the Foreign Intelligence Surveillance Act of 1978, financial references primarily revolve around penalties and potential funding for the newly established FISA Reform Commission.
Penalties and Financial Liability
One notable financial reference in the bill concerns increased penalties for civil actions against those who violate the Act. Within Section 15, the bill amends existing penalty structures to impose liquidated damages of $10,000 or $1,000 per day for each day of violation if the aggrieved person is a United States citizen, and $1,000 or $100 per day for any other aggrieved person. This adjustment in penalties reflects a significant financial burden for violators and aims to deter unauthorized surveillance or misuse of FISA authorities.
The increase in penalties could raise concerns about how these fines impact organizations or individuals who may inadvertently breach the Act due to ambiguous guidelines, as noted in the issues concerning the clarity of the language regarding certain exceptions and definitions. The severity of these penalties might deter legitimate activities, potentially impacting entities that fall under the expanded definitions of service providers highlighted in Section 25.
Funding for the FISA Reform Commission
Section 18(c) establishes the FISA Reform Commission, which involves certain financial implications:
Authorization of Appropriations: The bill authorizes funds for the commission's activities, subject to amounts specifically provided in appropriations acts. This funding encompasses administrative services, staff, facilities, and support services necessary for the commission to carry out its duties.
Availability and Duration of Funds: The Director of National Intelligence is responsible for disbursing these funds to the commission, which remain available until expended or until the commission is terminated.
The allocation of funds to this commission underscores the government's commitment to ongoing surveillance reform. However, the establishment and function of this commission, including potential inefficiencies and conflicts of interest, might be influenced by inadequate clarity on the selection and role of commission members as indicated in the issues highlighted.
Impact on Accountability and Compliance
Additionally, the bill mandates reporting and auditing requirements, notably around FBI query practices, which could involve financial resources to ensure compliance and accountability. Although not explicitly detailed in terms of appropriations, these activities suggest an implicit financial commitment to bolster transparency and safeguard civil liberties.
In summary, the financial elements embedded in H.R. 7888, particularly through increased penalties and funding allocations for oversight mechanisms like the FISA Reform Commission, aim to enhance accountability and reform intelligence surveillance practices. However, these measures should be carefully balanced against issues of clarity and potential unintended consequences to avoid financial overreach or the stifling of legitimate activities.
Issues
The language regarding exceptions for FBI queries without prior approval in exigent circumstances is vague and lacks clear criteria, potentially leading to misuse or overuse of this provision in Section 2.
The restriction on FBI's use of information obtained via Section 702 for queries solely designed to find evidence of a crime may limit the Bureau's ability to effectively investigate criminal activities, as noted in Section 3.
The terminology used across multiple sections lacks clarity, particularly in definitions of 'reasonable belief', 'appropriate congressional leadership', and 'exigent circumstances', leading to potential ambiguities in enforcement and interpretation across the bill, importantly in Sections 2, 3, and 24.
The expansion of the definition of 'electronic communication service provider' in Section 25 includes broad new categories which could encompass unintended entities, raising concerns about privacy and overreach.
The amendments related to penalties for unauthorized disclosure could deter whistleblowers due to severe penalties, potentially stifling exposure of misconduct, as highlighted in Sections 13 and 709.
The requirement for annual certification by agencies ensuring the purpose of targeting decisions wasn't to target a known U.S. person in Section 4 lacks clear details on evidence standards and the implications of non-compliance.
There is insufficient guidance or oversight mechanisms mentioned for the newly mandated internal audit and notification processes for FBI queries, which may undermine accountability, particularly in Section 2.
The complexity and legal jargon throughout the bill may make it difficult for the general public to understand, potentially affecting transparency and public trust as seen in Sections 6, 19, and 22.
The ambiguous guidelines for the composition and security clearance related provisions of the FISA Reform Commission might lead to inefficiencies and conflicts of interest, as elaborated in Section 18.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act provides its short title, which is the "Reforming Intelligence and Securing America Act".
2. Query procedure reform Read Opens in new tab
Summary AI
The section details reforms to the FBI's query procedures under the Foreign Intelligence Surveillance Act, including limitations on personnel who can authorize queries involving U.S. persons, mandatory audits, restrictions on political appointees in the approval process, and requirements for additional training and prior approval for sensitive queries. It also includes provisions for notifying Congress about certain queries and circumstances requiring congressional consent.
3. Limitation on use of information obtained under section 702 Read Opens in new tab
Summary AI
The section limits the FBI's ability to search information gathered under section 702 by stopping them from looking for evidence of crimes unrelated to national security and outlining when exceptions are allowed. Furthermore, it restricts the FBI from adding certain information to its databases unless connected to an active national security investigation, with exceptions made for urgent situations or when helping other agencies.
4. Targeting decisions under section 702 Read Opens in new tab
Summary AI
Under Section 702 of the Foreign Intelligence Surveillance Act, the intelligence community is prohibited from targeting U.S. persons for foreign intelligence collection without a specific court order. Additionally, the Department of Justice is required to conduct annual reviews and audits to ensure that no unauthorized targeting of U.S. persons occurs, with reports submitted to various government bodies.
5. Foreign intelligence surveillance court reform Read Opens in new tab
Summary AI
The bill proposes reforms to the Foreign Intelligence Surveillance Court, including requiring the same judge to handle extensions of surveillance orders and allowing amici curiae to assist the court. It also provides for the designation of attorneys to review applications targeting U.S. persons and ensures that certain members of Congress and their staff can attend court proceedings.
6. Application for an order under the foreign intelligence surveillance act Read Opens in new tab
Summary AI
The bill amends several sections of the Foreign Intelligence Surveillance Act to strengthen requirements for applications, including mandates for sworn statements, prohibitions on using politically sourced or press-derived information without clear identification and corroboration, and providing detailed justifications in specific cases involving U.S. persons. It also modifies how long certain surveillance orders can last against non-U.S. persons, extending them from 120 days to one year.
7. Public disclosure and declassification of certain documents Read Opens in new tab
Summary AI
The section amends part of a law to add a requirement that the declassification review of certain documents must be completed as soon as possible, but no later than 180 days after the review begins.
8. Transcriptions of proceedings Read Opens in new tab
Summary AI
The section outlines requirements for transcribing hearings and storing related records with their corresponding applications or orders. It also mandates notifying Congress about certain transcripts related to proceedings before intelligence courts, and providing access to declassified documents.
9. Audit of FISA compliance by inspector general Read Opens in new tab
Summary AI
The section mandates that the Inspector General of the Department of Justice must deliver a report to specific congressional committees within 545 days, evaluating the FBI's compliance with rules for searching data under section 702. The report must cover compliance, reforms, and suggestions for improvement regarding these querying procedures, particularly those involving U.S. person terms, and be submitted in an unclassified format with an optional classified annex.
10. Accuracy and completeness of applications Read Opens in new tab
Summary AI
This section requires applicants for certain surveillance applications to certify that they have provided the Attorney General all information that might question the accuracy or fairness of their application and mandates the disclosure of any potentially exculpatory information. The changes apply to applications made 120 days after the enactment of the Act, and procedures ensuring the accuracy of applications targeting U.S. persons must be established within 180 days.
11. Annual Report of the Federal Bureau of Investigation and Quarterly Report to Congress Read Opens in new tab
Summary AI
The bill requires the FBI Director to submit annual and quarterly reports to Congress detailing the number of times the FBI queries certain information on U.S. persons, especially under emergency circumstances or for criminal investigations. Starting January 1, 2025, these reports will be reviewed for declassification and shared publicly every April.
12. Adverse personnel actions for Federal Bureau of Investigation Read Opens in new tab
Summary AI
The bill requires that the FBI Director report every year to certain Congressional committees about actions taken for improper information searches, and sets up accountability measures for FBI leaders to ensure they follow procedures, with annual evaluations and briefings to Congress on compliance and any disciplinary actions.
13. Criminal penalties for violations of FISA Read Opens in new tab
Summary AI
The section outlines changes to the penalties under the Foreign Intelligence Surveillance Act (FISA). It specifies that people who knowingly and willfully share unauthorized or classified information regarding electronic surveillance or certain communications involving U.S. persons can face increased fines and imprisonment terms up to 10 years. It also mentions a sentencing enhancement for making false statements in proceedings related to the Foreign Intelligence Surveillance Court.
709. Penalties for unauthorized disclosure Read Opens in new tab
Summary AI
A person can be punished under this section if they knowingly share or misuse classified information, especially if it harms the United States or benefits a foreign government. Such actions can result in a fine, a prison sentence of up to 8 years, or both, especially if the person was a government employee at the time.
14. Contempt power of FISC and FISC–R Read Opens in new tab
Summary AI
The section outlines changes to the contempt powers of the Foreign Intelligence Surveillance Court (FISC) and its review court (FISC-R) by allowing them to be treated like any other United States district court for contempt-related crimes. It also requires annual reporting on how often these courts use their authority and includes details of each instance.
15. Increased penalties for civil actions Read Opens in new tab
Summary AI
This section amends penalties for civil violations under section 110, increasing damages to at least $10,000 for U.S. persons or $1,000 for others, depending on the circumstances. It also requires agency heads to report violations to Congress and the Foreign Intelligence Surveillance Court, which will keep a list of violators.
Money References
- (a) Increased penalties.—Subsection (a) of section 110 is amended to read as follows: “(a) actual damages, but not less than liquidated damages equal to the greater of— “(1) if the aggrieved person is a United States person, $10,000 or $1,000 per day for each day of violation; or “(2) for any other aggrieved person, $1,000 or $100 per day for each day of violation;”.
110A. Reporting requirements for civil actions Read Opens in new tab
Summary AI
If a court determines that someone has broken the law in a civil case under section 110, the agency they work for must report to Congress about the actions taken against them. Additionally, the agency must give the person's name to the Foreign Intelligence Surveillance Court, which will keep a list of such individuals.
16. Accountability standards for incidents relating to queries conducted by the Federal Bureau of Investigation Read Opens in new tab
Summary AI
The section requires the FBI Director to establish clear rules with consequences for improper searches of U.S. persons' data, with zero tolerance for intentional misconduct and increasing penalties for mistakes. It also mandates reporting these rules to Congress within 90 days and includes annual reports on any disciplinary actions for three years, involving both intelligence and judiciary committees.
17. Removal or suspension of federal officers for misconduct before foreign intelligence surveillance court Read Opens in new tab
Summary AI
The section explains that if a United States Government officer or employee intentionally behaves improperly during proceedings at the Foreign Intelligence Surveillance Court or its Court of Review, they could face severe consequences such as suspension without pay or even losing their job.
18. Reports and other matters Read Opens in new tab
Summary AI
The text describes the creation of a commission, called the "FISA Reform Commission," which will review and suggest updates to the Foreign Intelligence Surveillance Act. The commission will include members from various government departments and Congress, and will have powers to hold hearings and require information from federal agencies, aiming to ensure both effective intelligence operations and the protection of privacy and civil liberties. The commission will submit a final report with its findings and recommendations within five years.
19. Extension of certain authorities Read Opens in new tab
Summary AI
The section extends certain authorities related to the FISA Amendments Act of 2008 by pushing the expiration date to two years after the Reforming Intelligence and Securing America Act is enacted, instead of April 19, 2024. It also mentions the Reforming Intelligence and Securing America Act alongside the FISA Amendments Reauthorization Act of 2017 in certain parts of the law.
20. Amendments to the foreign intelligence surveillance act of 1978 Read Opens in new tab
Summary AI
The section explains that when this Act changes or removes parts of the Foreign Intelligence Surveillance Act of 1978, it will be automatically understood as an amendment to that Act. Additionally, any changes made by this Act, such as adding, removing, or altering sections, will also update the table of contents of the Foreign Intelligence Surveillance Act to reflect these changes.
21. Requirement for recertification Read Opens in new tab
Summary AI
The section mandates that the Attorney General and the Director of National Intelligence must obtain new approvals for activities under the Foreign Intelligence Surveillance Act of 1978. This must happen within 90 days after the law is enacted, specifically for certain activities planned between January 1, 2024, and April 30, 2024.
22. Repeal of authority for the resumption of abouts collection Read Opens in new tab
Summary AI
The section repeals the authority to collect "abouts" communications under the Foreign Intelligence Surveillance Act by removing specific provisions from the 1978 Act and the FISA Amendments Reauthorization Act of 2017. It involves making changes to certain sections and subsections of these laws to eliminate the allowed exceptions for "abouts" collection.
23. Inclusion of counternarcotics in definition of foreign intelligence Read Opens in new tab
Summary AI
The section updates the definition of foreign intelligence to include activities related to the international production, distribution, or funding of illegal synthetic drugs, opioids, cocaine, and other drugs that contribute to overdose deaths, as well as their precursors.
24. Vetting of non-United States persons Read Opens in new tab
Summary AI
The amendment to section 702 requires that any procedures used by government agencies for vetting non-U.S. persons traveling to the United States be designed to ensure that these individuals can be checked without using search terms that apply to U.S. citizens. The Attorney General must work with the Director of National Intelligence to make sure this vetting process is effective.
25. Definition of electronic communication service provider Read Opens in new tab
Summary AI
The bill section makes changes to the definitions related to electronic communication service providers, including adding new categories of providers who have access to communication equipment, but specifically excludes places like hotels, homes, community facilities, and restaurants. It also updates references to certain subcategories and includes "custodian" as a category of employee.