Overview

Title

An Act To reform the Foreign Intelligence Surveillance Act of 1978.

ELI5 AI

H. R. 7888 is a bill that wants to create more rules to make sure the people who watch over secret stuff are doing the right thing and aren't looking at personal info without a good reason. It also tries to make it easier to find and fix any mistakes when these rules are broken.

Summary AI

H. R. 7888, entitled the "Reforming Intelligence and Securing America Act," aims to amend the Foreign Intelligence Surveillance Act of 1978. The bill proposes various changes to enhance oversight and accountability of the Federal Bureau of Investigation (FBI), including limiting FBI's authority to conduct specific queries, introducing mandatory audits, and reporting requirements. It seeks to strengthen court procedures, enable better protection of privacy and civil liberties, and establish penalties for unauthorized disclosures related to foreign intelligence surveillance.

Published

2024-04-22
Congress: 118
Session: 2
Chamber: JOINT
Status: Enrolled Bill
Date: 2024-04-22
Package ID: BILLS-118hr7888enr

Bill Statistics

Size

Sections:
27
Words:
17,012
Pages:
33
Sentences:
280

Language

Nouns: 4,771
Verbs: 1,196
Adjectives: 794
Adverbs: 163
Numbers: 639
Entities: 859

Complexity

Average Token Length:
4.31
Average Sentence Length:
60.76
Token Entropy:
5.41
Readability (ARI):
32.73

AnalysisAI

The Reforming Intelligence and Securing America Act is a legislative measure aimed at revising the Foreign Intelligence Surveillance Act of 1978. The bill seeks to reform procedures and oversight concerning the Federal Bureau of Investigation's (FBI) handling of surveillance operations, particularly in relation to protecting U.S. persons' data and ensuring accountability within the intelligence community. Key provisions include limiting the scope of FBI queries, enhancing judicial oversight, and imposing stricter penalties for unauthorized actions.

General Summary of the Bill

The bill proposes several substantial changes to the framework governing foreign intelligence surveillance, particularly under Section 702. It introduces stringent protocols for querying U.S. person data, mandates audits and oversight, and outlines more precise application procedures for surveillance orders. The bill also extends the authority of the Foreign Intelligence Surveillance Court (FISC) and enhances its powers, particularly in punishing contempt and examining application accuracy. Additionally, the bill seeks to increase both criminal and civil penalties to deter unauthorized disclosures and misconduct within intelligence operations.

Summary of Significant Issues

One of the primary issues identified in the bill is the impact of prohibiting FBI queries solely designed to find evidence of a crime, which could hinder law enforcement effectiveness in overlapping domains of national security and criminal activity. The terminology concerning exceptions for "exigent circumstances" is criticized for potential ambiguity, leading to concerns about overreach or misuse.

There is discussion around the heightened penalties for unauthorized disclosures, potentially deterring whistleblowers from revealing genuine misconduct due to fear of severe consequences. The bill also utilizes complex legal jargon and numerous cross-references, which may present challenges to comprehension for those without intricate legal knowledge.

Additionally, there are concerns about the privacy and oversight mechanisms related to the vetting of non-U.S. persons, as well as the potentially broad regulatory implications of defining electronic communication service providers.

Impact on the Public

Broadly, the bill aims to enhance national security while safeguarding individual privacy rights. However, the complexity of its provisions may obscure understanding for the general public, potentially affecting public perception and trust in surveillance processes. The public may benefit from the increased oversight and accountability mechanisms intended to prevent misuse of intelligence-gathering powers.

Impact on Specific Stakeholders

For the intelligence community and law enforcement agencies, the bill imposes additional procedural layers and constraints, potentially complicating operations but also aiming to ensure integrity and compliance with legal standards. Legal professionals and civil rights advocates might see this as a step forward in balancing national security needs with civil liberties protection, although concerns about over-penalization for information breaches remain.

Businesses, particularly in the communications sector, could face regulatory challenges due to expanded definitions in the bill, affecting their operations and compliance requirements. On the other hand, these measures might positively impact service providers by fostering a more transparent and accountable regulatory environment.

In conclusion, while the Reforming Intelligence and Securing America Act endeavors to strengthen oversight and accountability in intelligence activities, it introduces complexities and potential ambiguities that warrant careful consideration and ongoing assessment to ensure effective implementation without unintended consequences.

Financial Assessment

The bill, H. R. 7888, titled the "Reforming Intelligence and Securing America Act," makes several changes to the Foreign Intelligence Surveillance Act of 1978, primarily focusing on enhancing oversight and accountability within the FBI. The financial references in the bill are sparse, but noteworthy for their potential implications and appropriations.

Increased Penalties in Civil Actions

One of the explicit financial references is found in Section 15, which involves increased penalties for civil actions. The amendments state that the actual damages should not be less than liquidated damages equal to the greater of $10,000 or $1,000 per day for each day of violation for a United States person, and $1,000 or $100 per day for each day of violation for any other aggrieved person. This adjustment introduces a clear financial penalty aimed at ensuring compliance and accountability in surveillance activities. This financial provision underscores a significant shift towards imposing tougher monetary repercussions, which align with the bill’s intent to enhance oversight mechanisms. The imposition of these penalties could deter violations that compromise privacy rights, supporting the ethical oversight of intelligence operations.

Reporting and Financial Implications

The bill requires annual reporting and disciplinary actions outlined in Section 12. Though the section does not specify a direct financial allocation, it implies the need for internal compliance and potentially the allocation of resources to enforce these accountability measures. The undertaking of annual reports and maintaining compliance likely involves administrative costs that, while not detailed in the bill, would entail some level of financial expenditure.

Furthermore, Section 11 introduces a requirement for annual and quarterly reports by the Director of the FBI to Congress, specifically reporting on the FBI’s querying practices under Section 702. These requirements, although not detailing financial allocations, suggest logistical and operational expenses involved in compiling and submitting such data. The absence of expressly stated funding for these activities could lead to discussions about resource allocation within the FBI to fulfill these obligations.

Implications of Financial References

The financial aspects in the bill, particularly concerning penalties, highlight a legislative focus on ensuring stringent compliance through monetary consequences. These financial provisions relate to the issues identified in the bill, such as the concerns over privacy and the potential for misuse of surveillance authorities. The increased penalties and reporting obligations are financial tools meant to enhance strict adherence to the new oversight measures.

However, there are no direct appropriations or specific funding routes mentioned to support the enhancements in compliance and oversight activities. This could imply a need for reallocation within existing budgets or pose an added financial burden on the agencies involved, potentially leading to tension between enhanced oversight responsibilities and the availability of resources.

Overall, the financial references serve as critical elements in enforcing the new accountability standards set forth by H. R. 7888, though they also signify areas where further clarity or financial support might be necessary to effectively implement the intended reforms.

Issues

  • The prohibition on FBI queries solely designed to find evidence of a crime may significantly impact the FBI's ability to investigate criminal activities, particularly in situations where distinctions between national security and criminal investigations are blurred. This concern is primarily addressed in Section 3.

  • The broad and potentially ambiguous language in Section 702's exceptions for exigent circumstances regarding FBI queries could lead to overreach or misuse, impacting both privacy rights and national security. This issue appears in Section 3.

  • The amendments increasing penalties for unauthorized disclosure of certain information include harsh sentencing that might deter whistleblowers, posing ethical and legal implications. This issue is related to Sections 13 and 709.

  • Complex legal language and cross-references throughout the bill, such as those found in Sections 6, 19, and 20, may create barriers to understanding and transparency for public and legal experts not familiar with detailed legislative backgrounds.

  • The vague definition of terms like 'willful misconduct' and 'appropriate congressional committees,' such as those in Sections 16 and 21, can lead to inconsistent enforcement and accountability, impacting the legal community's ability to interpret and apply the law.

  • The privacy concerns and lack of oversight mechanisms related to the vetting process of non-United States persons, as cited in Section 24, raise ethical and legal issues regarding personal information handling and potential misuse.

  • The lack of definitions for 'unauthorized person' and guidance on protecting whistleblowers, particularly in the context of penalties for unauthorized disclosures found in Section 709, could lead to interpretational issues and ethical concerns.

  • The extension of certain authorities without clear implications or consequences detailed, as seen in Section 19, could obscure understanding of legal authority scope and impact public trust.

  • The requirement for prior congressional consent for specific FBI queries regarding defensive briefings, as set out in Section 2, raises procedural complexity and accountability questions for legislative and intelligence processes.

  • The broad inclusion of electronic communication service providers in the definition could have unintended consequences on businesses not traditionally associated with such services, as discussed in Section 25, leading to regulatory and financial implications.

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.