Summary
Changes the rules for how the government can look at information about Americans that was gathered while spying on foreigners, adding more steps for approval.
What does this law do?
Extends Section 702 surveillance authority
Continues the government's authority to collect foreign intelligence information under Section 702 of FISA for two more years.
Restricts searches for information on U.S. persons
Requires FBI supervisors to approve any search for a U.S. person's information within the collected data. In emergencies, a search can be done first, but approval is still needed.
Requires high-level approval for sensitive searches
Mandates approval from the FBI Deputy Director for searches involving U.S. elected officials, political candidates, political organizations, or the media.
Prohibits searches solely for evidence of a crime
Forbids the FBI from searching the database if the only purpose is to find evidence of a crime, unless it involves a threat to life or is needed for a court case.
Expands definition of electronic communication service providers
Broadens the definition of who must comply with government surveillance directives, potentially including a wider range of companies and service providers.
Adds counternarcotics to definition of foreign intelligence
Allows surveillance tools under FISA to be used for intelligence gathering on the international production and distribution of illicit drugs like fentanyl.
Increases penalties for FISA violations
Raises the maximum prison sentence for illegally spying or disclosing FISA information to 10 years and for making false statements to the FISA court to 10 years.
Mandates notification to Congress for searches on members
Requires the FBI Director to promptly notify congressional leadership and the specific member if a search is conducted using the member's name.
Bans political appointees from query approval process
Prohibits political appointees, such as those appointed by the President, from being part of the FBI's process for approving searches of FISA data.
Who does this affect?
- U.S. citizens and residents
- Federal Bureau of Investigation (FBI)
- Intelligence Community agencies
What is the real world impact?
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Increases oversight of surveillance
Addresses concerns about the FBI misusing its authority to search for information on U.S. persons in foreign intelligence databases. Adds layers of approval and reporting to prevent abuse and increase accountability.
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Expands surveillance to new areas
Adds international drug trafficking to the definition of 'foreign intelligence,' allowing powerful surveillance tools to be used for counternarcotics. Also broadens who can be considered a service provider, potentially compelling more businesses to assist with surveillance.
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Could hinder national security investigations
Critics may worry that the new approval requirements and restrictions could slow down important investigations, especially in urgent situations, potentially making it harder to stop threats to national security.
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Does not require a warrant for U.S. person searches
While the law adds procedural hurdles, it stops short of requiring the government to get a warrant before searching for an American's information in the database. Privacy advocates argue this fails to fully protect constitutional rights.
What problem does this solve?
The government could search large amounts of data collected on foreigners for information about Americans without a warrant, raising privacy concerns. This law adds new approval steps, limits who can perform these searches, and increases reporting to prevent misuse.
When does this start?
This law extends key surveillance authorities for two years, with various reforms and reporting requirements taking effect on different dates after its passage.
FISA Section 702 Extension
The core surveillance authorities under Section 702 are extended for two years from the date of enactment, April 20, 2024.
New Court Orders Required
Within 90 days of enactment, the Attorney General must seek new, updated orders from the FISA court that are consistent with the changes made by this law.
Accountability Standards Deadline
The FBI Director must issue new minimum accountability standards, including penalties for improper searches, within 90 days of the law's enactment.
Application Requirement Changes
New rules for FISA applications, such as requiring sworn statements and disclosures about politically-derived information, take effect 120 days after enactment.
Mandatory FBI Reporting
New annual and quarterly reporting requirements for the FBI on the number of U.S. person queries will begin on January 1, 2025.