[House Report 118-450]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 118-450

======================================================================
 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7888) TO REFORM THE 
     FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978; PROVIDING FOR 
 CONSIDERATION OF THE BILL (H.R. 529) TO EXTEND THE CUSTOMS WATERS OF 
THE UNITED STATES FROM 12 NAUTICAL MILES TO 24 NAUTICAL MILES FROM THE 
     BASELINES OF THE UNITED STATES, CONSISTENT WITH PRESIDENTIAL 
 PROCLAMATION 7219; PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. 
RES. 1112) DENOUNCING THE BIDEN ADMINISTRATION'S IMMIGRATION POLICIES; 
   AND PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 1117) 
OPPOSING EFFORTS TO PLACE ONE-SIDED PRESSURE ON ISRAEL WITH RESPECT TO 
                                  GAZA

                                _______
                                

   April 10, 2024.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                 Mr. Roy, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                      [To accompany H. Res. 1125]

    The Committee on Rules, having had under consideration 
House Resolution 1125, by a record vote of 9 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 7888, the 
Reforming Intelligence and Securing America Act, under a 
structured rule. The resolution waives all points of order 
against consideration of the bill. The resolution provides two 
hours of general debate equally divided among and controlled by 
the chair and ranking minority member of the Committee on the 
Judiciary or their respective designees and the chair and 
ranking minority member of the Permanent Select Committee on 
Intelligence or their respective designees. The resolution 
provides that the bill shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill. The resolution makes in order only those amendments 
printed in the report. Each amendment may be offered only in 
the order printed in the report, may be offered only by a 
Member designated in the report, shall be considered as read, 
shall be debatable for the time specified in the report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question. All points of order 
against the amendments printed in the report are waived. The 
resolution provides for one motion to recommit. The resolution 
further provides for consideration of H.R. 529, the Extending 
Limits of U.S. Customs Waters Act, under a closed rule. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the amendment in the 
nature of a substitute recommended by the Committee on Ways and 
Means now printed in the bill shall be considered as adopted 
and the bill, as amended, shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill, as amended. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Ways and Means or their 
respective designees. The resolution provides for one motion to 
recommit. The resolution further provides for consideration of 
H. Res. 1112, Denouncing the Biden administration's immigration 
policies, under a closed rule. The resolution provides that 
upon adoption of the resolution it shall be in order without 
intervention of any point of order to consider H. Res. 1112. 
The resolution provides that H. Res. 1112 shall be considered 
as read. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on the Judiciary or their 
respective designees. The resolution further provides for 
consideration of H. Res. 1117, Opposing efforts to place one-
sided pressure on Israel with respect to Gaza, under a closed 
rule. The resolution provides that upon adoption of this 
resolution it shall be in order without intervention of any 
point of order to consider H. Res. 1117. The resolution 
provides that H. Res. 1117 shall be considered as read. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Foreign Affairs or their respective designees.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 7888 includes:
    --Clause 12 of rule XXI, which prohibits consideration of a 
bill pursuant to a special order of business reported by the 
Committee on Rules that has not been reported by a committee.
    Although the resolution waives all points of order against 
provisions in H.R. 7888, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in the report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.
    Although the resolution waives all points of order against 
consideration of H.R. 529, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 529, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H. Res. 1112, the Committee is not aware of 
any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H. Res. 1117, the Committee is not aware of 
any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 212

    Motion by Ms. Scanlon to strike section 3 of the rule, 
which provides for consideration of H. Res. 1112, and insert a 
new section providing for consideration of H.R. 16, the 
American Dream and Promise Act. Defeated: 2-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................  ............
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............  ............
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 213

    Motion by Mr. Roy to report the rule. Adopted: 9-2

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................  ............
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............  ............
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 7888 MADE IN ORDER

    1. Turner (OH), Himes (CT): Remedies a serious intelligence 
loophole by narrowly updating the definition of electronic 
communication service provider under Section 702. (10 minutes)
    2. Crenshaw (TX), Houlahan (PA), McCaul (TX), Crawford 
(AR), Ellzey (TX), Turner (OH), Gonzalez, Vicente (TX), Golden 
(ME), Trone (MD), Fitzpatrick (PA), Gottheimer (NJ), 
Auchincloss (MA), Waltz (FL): Aids in the targeting of 
international narcotics trafficking operations with Section 702 
by updating the definition of foreign intelligence. (10 
minutes)
    3. Waltz (FL), Crenshaw (TX): Enables the use of Section 
702 information to vet foreigners traveling to the United 
States. (10 minutes)
    4. Cline (VA), Biggs (AZ), Jackson Lee (TX), Issa (CA): 
Prohibits the resumption of ``abouts'' collection under Section 
702. (10 minutes)
    5. Roy (TX): Requires the FBI to report to Congress on a 
quarterly basis the number of U.S. person queries conducted. 
Additionally, grants the Chairs and Ranking Members of the 
Committees on Judiciary and Intelligence in the House and 
Senate, in addition to the Majority and Minority Leaders of the 
Senate, the Speaker of the House, and the Minority Leader of 
the House, access to attend FISC proceedings. (10 minutes)
    6. Biggs (AZ), Jayapal (WA), Nadler (NY), Davidson (OH), 
Lofgren (CA), Jordan (OH): Prohibits warrantless searches of 
U.S. person communications in the FISA 702 database, with 
exceptions for imminent threats to life or bodily harm, consent 
searches, or known cybersecurity threat signatures. (10 
minutes)

             TEXT OF AMENDMENTS TO H.R. 7888 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Turner of Ohio or His 
                   Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. __. DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PROVIDER.

  (a) Section 701(b)(4) of the Foreign Intelligence 
Surveillance Act of 1978 is amended--
          (1) by redesignating subparagraph (E) as subparagraph 
        (F);
          (2) in subparagraph (D), by striking ``; or'' and 
        inserting a semicolon;
          (3) by inserting after subparagraph (D) the following 
        new subparagraph:
                  ``(E) any other service provider who has 
                access to equipment that is being or may be 
                used to transmit or store wire or electronic 
                communications, but not including any entity 
                that serves primarily as--
                          ``(i) a public accommodation 
                        facility, as that term is defined in 
                        section 501(4);
                          ``(ii) a dwelling, as that term is 
                        defined in section 802 of the Fair 
                        Housing Act (42 U.S.C. 3602);
                          ``(iii) a community facility, as that 
                        term is defined in section 315 of the 
                        Defense Housing and Community 
                        Facilities and Services Act of 1951 (42 
                        U.S.C. 1592n); or
                          ``(iv) a food service establishment, 
                        as that term is defined in section 281 
                        of the Agricultural Marketing Act of 
                        1946 (7 U.S.C. 1638); or'';
          (4) in subparagraph (F), as redesignated--
                  (A) by inserting ``custodian,'' after 
                ``employee,'';
                  (B) by striking ``or'' before ``(D)''; and
                  (C) by inserting ``, or (E)'' after ``(D)''.
  (b) Paragraph (6) of section 801 of the Foreign Intelligence 
Surveillance Act of 1978 is amended--
          (1) by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (G), respectively;
          (2) in subparagraph (F), as redesignated, by striking 
        ``; or'' and inserting a semicolon;
          (3) by inserting after subparagraph (D) the following 
        new subparagraph:
                  ``(E) any other service provider who has 
                access to equipment that is being or may be 
                used to transmit or store wire or electronic 
                communications, but not including any entity 
                that serves primarily as--
                          ``(i) a public accommodation 
                        facility, as that term is defined in 
                        section 501(4);
                          ``(ii) a dwelling, as that term is 
                        defined in section 802 of the Fair 
                        Housing Act (42 U.S.C. 3602);
                          ``(iii) a community facility, as that 
                        term is defined in section 315 of the 
                        Defense Housing and Community 
                        Facilities and Services Act of 1951 (42 
                        U.S.C. 1592n); or
                          ``(iv) a food service establishment, 
                        as that term is defined in section 281 
                        of the Agricultural Marketing Act of 
                        1946 (7 U.S.C. 1638);''; and
          (4) in subparagraph (G), as redesignated--
                  (A) by inserting ``custodian,'' after 
                ``employee,'';
                  (B) by striking ``or'' before ``(E)''; and
                  (C) by inserting ``, or (F)'' after ``(E)''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Crenshaw of Texas or 
                 His Designee, Debatable for 10 Minutes

  Insert at the end the following new section:

SEC. __. INCLUSION OF COUNTERNARCOTICS IN DEFINITION OF FOREIGN 
                    INTELLIGENCE.

  Section 101(e)(1) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801) is amended--
          (1) in subparagraph (B), by striking ``; or'' and 
        inserting a semicolon; and
          (2) by adding at the end the following new 
        subparagraph:
                  ``(D) international production, distribution, 
                or financing of illicit synthetic drugs, 
                opioids, cocaine, or other drugs driving 
                overdose deaths, or precursors of any 
                aforementioned; or''.
                              ----------                              


3. An Amendment To Be Offered by Representative Waltz of Florida or His 
                   Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. ___. VETTING OF NON-UNITED STATES PERSONS.

  Subsection (f) of section 702 of the Foreign Intelligence 
Surveillance Act of 1978, as amended by this Act, is further 
amended by inserting after paragraph (4) the following new 
paragraph:
          ``(5) Vetting of non-united states persons.--For any 
        procedures for one or more agencies adopted under 
        paragraph (1)(A), the Attorney General, in consultation 
        with the Director of National Intelligence, shall 
        ensure that the procedures enable the vetting of all 
        non-United States persons who are being processed for 
        travel to the United States using terms that do not 
        qualify as United States person query terms under this 
        Act.''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Cline of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. __. REPEAL OF AUTHORITY FOR THE RESUMPTION OF ABOUTS COLLECTION.

  (a) In General.--Section 702(b)(5) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(b)(5)) 
is amended by striking ``, except as provided under section 
103(b) of the FISA Amendments Reauthorization Act of 2017''.
  (b) Conforming Amendments.--
          (1) Foreign intelligence surveillance act of 1978.--
        Section 702(m) of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1881a(m)) is amended--
                  (A) in the subsection heading, by striking 
                ``Reviews, and Reporting'' and inserting ``and 
                Reviews''; and
                  (B) by striking paragraph (4).
          (2) FISA amendments reauthorization act of 2017.--
        Section 103 of the FISA Amendments Reauthorization Act 
        of 2017 (Public Law 115-118; 50 U.S.C. 1881a note) is 
        amended--
                  (A) by striking subsection (b); and
                  (B) by striking ``(a) In General.--''.
                              ----------                              


  5. An Amendment To Be Offered by Representative Roy of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 23, insert after line 17 the following:
  (d) Member Access to the Foreign Intelligence Surveillance 
Court and Foreign Intelligence Surveillance Court of Review.--
The chair and ranking minority member of each of the 
congressional intelligence committees, the chairs and ranking 
members of the Committees on the Judiciary of the House of 
Representatives and of the Senate, the Majority and Minority 
Leaders of the Senate, the Speaker of the House of 
Representatives, and the Minority Leader of the House of 
Representatives shall be entitled to attend any proceeding of 
the Foreign Intelligence Surveillance Court or any proceeding 
of the Foreign Intelligence Surveillance Court of Review. Each 
person entitled to attend a proceeding pursuant to this 
paragraph may designate not more than 2 staff members of such 
committee or office to attend on their behalf, pursuant to such 
procedures as the Attorney General, in consultation with the 
Director of National Intelligence may establish.
  Page 45, strike line 16 and all that follows through line 17, 
and insert the following:

SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF INVESTIGATION AND 
                    QUARTERLY REPORT TO CONGRESS.

  Page 48, line 14, insert after ``the report.'' the following:
          ``(3) Beginning on the date that is not later than 1 
        year after the effective date of this paragraph, the 
        Director of the Federal Bureau of Investigation shall 
        submit a quarterly report to the congressional 
        intelligence committees and to the Committees on the 
        Judiciary of the House of Representatives and of the 
        Senate that includes the number of U.S. person queries 
        conducted during that quarter.''.
                              ----------                              


6. An Amendment To Be Offered by Representative Biggs of Arizona or His 
                   Designee, Debatable for 10 Minutes

  Page 14, strike line 15 and all that follows through line 17 
on page 15. and insert the following:
  (a) Prohibition on Warrantless Queries for the Communications 
of United States Persons.--Section 702(f) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f))--
          (1) in paragraph (1)(A) by inserting ``and the 
        limitations and requirements in paragraph (2)'' after 
        ``Constitution of the United States'';
          (2) by redesignating paragraph (3) as paragraph (7); 
        and
          (3) by striking paragraph (2) and inserting the 
        following:
          ``(2) Prohibition on warrantless queries for the 
        communications and other information of united states 
        persons.--
                  ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no officer or 
                employee of the United States may conduct a 
                query of information acquired under this 
                section for the purpose of finding 
                communications or information the compelled 
                production of which would require a probable 
                cause warrant if sought for law enforcement 
                purposes in the United States, of a United 
                States person.
                  ``(B) Exceptions for concurrent 
                authorization, consent, emergency situations, 
                and certain defensive cybersecurity queries.--
                          ``(i) In general.--Subparagraph (A) 
                        shall not apply to a query related to a 
                        United States person if--
                                  ``(I) such person is the 
                                subject of an order or 
                                emergency authorization 
                                authorizing electronic 
                                surveillance or physical search 
                                under section 105 (50 U.S.C. 
                                1805) or section 304 (50 U.S.C. 
                                1824) of this Act, or a warrant 
                                issued pursuant to the Federal 
                                Rules of Criminal Procedure by 
                                a court of competent 
                                jurisdiction;
                                  ``(II)(aa) the officer or 
                                employee conducting the query 
                                has a reasonable belief that--
                                          ``(AA) an emergency 
                                        exists involving an 
                                        imminent threat of 
                                        death or serious bodily 
                                        harm; and
                                          ``(BB) in order to 
                                        prevent or mitigate the 
                                        threat described in 
                                        subitem (AA), the query 
                                        must be conducted 
                                        before authorization 
                                        described in subclause 
                                        (I) can, with due 
                                        diligence, be obtained; 
                                        and
                                  ``(bb) a description of the 
                                query is provided to the 
                                Foreign Intelligence 
                                Surveillance Court and the 
                                congressional intelligence 
                                committees and the Committees 
                                on the Judiciary of the House 
                                of Representatives and of the 
                                Senate in a timely manner;
                                  ``(III) such person or, if 
                                such person is incapable of 
                                providing consent, a third 
                                party legally authorized to 
                                consent on behalf of such 
                                person, has provided consent to 
                                the query on a case-by-case 
                                basis; or
                                  ``(IV)(aa) the query uses a 
                                known cybersecurity threat 
                                signature as a query term;
                                  ``(bb) the query is 
                                conducted, and the results of 
                                the query are used, for the 
                                sole purpose of identifying 
                                targeted recipients of 
                                malicious software and 
                                preventing or mitigating harm 
                                from such malicious software;
                                  ``(cc) no additional contents 
                                of communications acquired as a 
                                result of the query are 
                                accessed or reviewed; and
                                  ``(dd) each such query is 
                                reported to the Foreign 
                                Intelligence Surveillance 
                                Court.
                          ``(ii) Limitations.--
                                  ``(I) Use in subsequent 
                                proceedings.--No information 
                                acquired pursuant to a query 
                                authorized under clause (i)(II) 
                                or information derived from the 
                                information acquired pursuant 
                                to such query may be used, 
                                received in evidence, or 
                                otherwise disseminated in any 
                                trial, hearing, or other 
                                proceeding in or before any 
                                court, grand jury, department, 
                                office, agency, regulatory 
                                body, legislative committee, or 
                                other authority of the United 
                                States, a State, or political 
                                subdivision thereof, except in 
                                a proceeding that arises from 
                                the threat that prompted the 
                                query.
                                  ``(II) Assessment of 
                                compliance.--Not less 
                                frequently than annually, the 
                                Attorney General shall assess 
                                compliance with the 
                                requirements under subclause 
                                (I).
                  ``(C) Matters relating to emergency 
                queries.--
                          ``(i) Treatment of denials.--In the 
                        event that a query for communications 
                        or information, the compelled 
                        production of which would require a 
                        probable cause warrant if sought for 
                        law enforcement purposes in the United 
                        States, of a United States person is 
                        conducted pursuant to an emergency 
                        authorization described in subparagraph 
                        (B)(i)(I) and the subsequent 
                        application for such surveillance 
                        pursuant to section 105(e) (50 U.S.C. 
                        1805(e)) or section 304(e) (50 U.S.C. 
                        1824(e)) of this Act is denied, or in 
                        any other case in which the query has 
                        been conducted in violation of this 
                        paragraph--
                                  ``(I) no information acquired 
                                or evidence derived from such 
                                query may be used, received in 
                                evidence, or otherwise 
                                disseminated in any trial, 
                                hearing, or other proceeding in 
                                or before any court, grand 
                                jury, department, office, 
                                agency, regulatory body, 
                                legislative committee, or other 
                                authority of the United States, 
                                a State, or political 
                                subdivision thereof; and
                                  ``(II) no information 
                                concerning any United States 
                                person acquired from such query 
                                may subsequently be used or 
                                disclosed in any other manner 
                                without the consent of such 
                                person, except in the case that 
                                the Attorney General approves 
                                the use or disclosure of such 
                                information in order to prevent 
                                death or serious bodily harm to 
                                any person.
                          ``(ii) Assessment of compliance.--Not 
                        less frequently than annually, the 
                        Attorney General shall assess 
                        compliance with the requirements under 
                        clause (i).
                  ``(D) Foreign intelligence purpose.--Except 
                as provided in subparagraph (B)(i)(II)-(IV), no 
                officer or employee of the United States may 
                conduct a query of information acquired under 
                this section for the purpose of finding 
                information of a United States person unless 
                the query is reasonably likely to retrieve 
                foreign intelligence information.
          ``(3) Documentation.--No officer or employee of the 
        United States may conduct a query of information 
        acquired under this section for the purpose of finding 
        information of or about a United States person, unless 
        an electronic record is created that includes the 
        following:
                  ``(A) Each term used for the conduct of the 
                query.
                  ``(B) The date of the query.
                  ``(C) The identifier of the officer or 
                employee.
                  ``(D) A statement of facts showing that the 
                use of each query term included under 
                subparagraph (A)--
                          ``(i) falls within an exception 
                        specified in paragraph (2)(B)(i); and
                          ``(ii) is--
                                  ``(I) reasonably likely to 
                                retrieve foreign intelligence 
                                information; or
                                  ``(II) in furtherance of an 
                                exception described in 
                                subclauses (II) through (IV) of 
                                paragraph (2)(B)(i).
          ``(4) Query record system.--The head of each agency 
        that conducts queries shall ensure that a system, 
        mechanism, or business practice is in place to maintain 
        the record described in paragraph (3). Not later than 
        90 days after enactment of this paragraph, the head of 
        each agency shall report to Congress on its compliance 
        with this procedure.
          ``(5) Prohibition on results of metadata query as a 
        basis for access to communications and other protected 
        information.--If a query of information acquired under 
        this section is conducted for the purpose of finding 
        communications metadata of a United States person and 
        the query returns such metadata, the communications 
        content associated with the metadata may not be 
        reviewed except as provided under paragraph (2)(B)(i) 
        of this subsection.
          ``(6) Federated datasets.--The prohibitions and 
        requirements under this subsection shall apply to 
        queries of federated and mixed datasets that include 
        information acquired under this section, unless each 
        agency has established a system, mechanism, or business 
        practice to limit the query to information not acquired 
        under this section.''.

                                  [all]