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NEGATIVE Justice & Civil Liberties 118th Congress

H.R.7888 FISA Section 702 Reauthorization

Reauthorizes Section 702 of FISA, allowing warrantless surveillance of Americans' communications without requiring a court order (118th Congress)

View on Congress.gov

Bill activity

Introduced Apr 9, 2024 by Laurel M. Lee (R-FL). Passed the House Apr 12, 2024, 273-147. Passed the Senate Apr 19, 2024, 60-34. Became Public Law 118-49 on Apr 20, 2024.

  • Reached the House floor under a special rule from the Rules Committee (H.Res.1137).
  • Reached the Senate floor on a motion to proceed after cloture was invoked.
Rep. Pat Ryan (D-NY-18) is not listed among the cosponsors of this bill. Rep. Pat Ryan (D-NY-18) voted yea on the House roll call counted in grades (roll no. 119, Apr 12, 2024).
  1. IntroducedApr 9, 2024
  2. Passed HouseApr 12, 2024
  3. Passed SenateApr 19, 2024
  4. To PresidentApr 20, 2024
  5. Became LawApr 20, 2024

Latest action Apr 20, 2024: Became Public Law No: 118-49.

Sponsor Laurel M. Lee (R-FL). No cosponsors

Activity log

Source: Congress.gov actions
  1. Introduced in House
  2. Referred to the House 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...
  3. House floor day: vote on the rule (H.Res.1125) (4 steps)
    1. Rules 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...
    2. On ordering the previous question Agreed to by the Yeas and Nays: 210 - 209 (Roll no. 107).
    3. Failed of passage/not agreed to in House On agreeing to the resolution Failed by recorded vote: 193 - 228 (Roll no. 108).
    4. On agreeing to the resolution Failed by recorded vote: 193 - 228 (Roll no. 108).
  4. House floor day: vote on the rule (H.Res.1137), 6 amendments, passage (37 steps)
    1. Rules 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...
    2. On ordering the previous question Agreed to by the Yeas and Nays: 208 - 202 (Roll no. 112).
    3. Passed/agreed to in House: On agreeing to the resolution Agreed to by recorded vote: 213 - 208 (Roll no. 113).
    4. Considered under the provisions of rule H. Res. 1137.
    5. 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...
    6. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1137 and Rule XVIII.
    7. The Speaker designated the Honorable Daniel Meuser to act as Chairman of the Committee.
    8. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 7888.
    9. Amendment (A001) offered by Mr. Biggs. (H.Amdt.876)
    10. DEBATE - 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.
    11. POSTPONED 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...
    12. Amendment (A002) offered by Mr. Roy. (H.Amdt.877)
    13. DEBATE - 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.
    14. POSTPONED 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,...
    15. Amendment (A003) offered by Mr. Cline. (H.Amdt.878)
    16. DEBATE - 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.
    17. On agreeing to the Cline amendment (A003) Agreed to by voice vote. (H.Amdt.878)
    18. Amendment (A004) offered by Mr. Crenshaw. (H.Amdt.879)
    19. DEBATE - 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.
    20. POSTPONED 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...
    21. Amendment (A005) offered by Mr. Waltz. (H.Amdt.880)
    22. DEBATE - 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.
    23. POSTPONED 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...
    24. Amendment (A006) offered by Mr. Turner. (H.Amdt.881)
    25. DEBATE - 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.
    26. POSTPONED 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...
    27. On agreeing to the Biggs amendment (A001) Failed by recorded vote: 212 - 212 (Roll no. 114). (H.Amdt.876)
    28. On agreeing to the Roy amendment (A002) Agreed to by recorded vote: 269 - 153 (Roll no. 115). (H.Amdt.877)
    29. On agreeing to the Crenshaw amendment (A004) Agreed to by recorded vote: 268 - 152 (Roll no. 116). (H.Amdt.879)
    30. On agreeing to the Waltz amendment (A005) Agreed to by recorded vote: 227 - 193 (Roll no. 117). (H.Amdt.880)
    31. On agreeing to the Turner amendment (A006) Agreed to by recorded vote: 236 - 186 (Roll no. 118). (H.Amdt.881)
    32. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 7888.
    33. The previous question was ordered pursuant to the rule.
    34. The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
    35. On passage Passed by recorded vote: 273 - 147 (Roll no. 119).
    36. Ms. Lee (FL) moved to reconsider.
    37. POSTPONED 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...
  5. House vote: Passage of the billCounted in grades
    Passed, 273-147
    Member breakdown · Official House roll call 119
  6. Senate floor day: 6 amendments, passage (16 steps)

    Congress.gov lists Senate floor actions without times of day, so the order of steps without a roll-call number is reconstructed from the action list.

    1. Motion to proceed to measure considered in Senate. (CR S2907)
    2. Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 62 - 30. Record Vote Number: 143.
    3. Measure laid before Senate by motion.
    4. Amendment SA 1829 proposed by Senator Paul. To append the Fourth Amendment Is Not For Sale Act. (S.Amdt.1829)
    5. 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.1829)
    6. Amendment SA 1834 proposed by Senator Marshall. To strike the prohibition on political appointees being involved in the approval of queries by the Federal Bureau of Investigation. (S.Amdt.1834)
    7. Amendment SA 1834 not agreed to in Senate by Yea-Nay Vote. 17 - 75. Record Vote Number: 145. (S.Amdt.1834)
    8. Amendment SA 1820 proposed by Senator Wyden. To strike section 25, relating to definition of electronic communication service provider. (S.Amdt.1820)
    9. Amendment SA 1820 not agreed to in Senate by Yea-Nay Vote. 34 - 58. Record Vote Number: 146. (S.Amdt.1820)
    10. Amendment SA 1828 proposed by Senator Paul. To prohibit the use of authorities under the Foreign Intelligence Surveillance Act of 1978 to surveil United States persons, to prohibit queries under such Act using search terms... (S.Amdt.1828)
    11. 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.1828)
    12. Amendment SA 1841 proposed by Senator Durbin. To prohibit warrantless access to the communications and other information of United States persons. (S.Amdt.1841)
    13. Amendment SA 1841 not agreed to in Senate by Yea-Nay Vote. 42 - 50. Record Vote Number: 148. (S.Amdt.1841)
    14. Amendment SA 1840 proposed by Senator Lee. To appropriately address the use of amici curiae in Foreign Intelligence Surveillance Court proceedings and to require adequate disclosure of relevant information in Foreign... (S.Amdt.1840)
    15. Amendment SA 1840 not agreed to in Senate by Yea-Nay Vote. 40 - 53. Record Vote Number: 149. (S.Amdt.1840)
    16. 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.
  7. Senate vote: Passage of the bill
    Passed, 60-34
    (60 votes required under the Senate's order of Apr 19, 2024)
    Member breakdown · Official Senate roll call 150
  8. Presented to President
  9. Signed by President
  10. Became Public Law No: 118-49

Votes on this bill

21 votes: 20 recorded roll calls and 1 decided without a recorded vote, 12 of them on amendments. Votes counted in grades are marked.

Apr 10, 20242:04 pmHouseVote to end debate on the rule (ordering the previous question)
H.Res.1125On ordering the previous question Agreed to by the Yeas and Nays: 210 - 209 (Roll no. 107).
Agreed to210-209Nay
PartyYeaNayPresentNot voting
Democratic020904
Republican210008
Independent0000
Total210209012
Apr 10, 20242:18 pmHouseVote on the rule (H.Res.1125)On agreeing to the resolution Failed by recorded vote: 193 - 228 (Roll no. 108).Failed193-228Nay
PartyYeaNayPresentNot voting
Democratic020904
Republican1931906
Independent0000
Total193228010
Apr 12, 20249:25 amHouseVote to end debate on the rule (ordering the previous question)
H.Res.1137On ordering the previous question Agreed to by the Yeas and Nays: 208 - 202 (Roll no. 112).
Agreed to208-202Nay
PartyYeaNayPresentNot voting
Democratic0202011
Republican2080010
Independent0000
Total208202021
Apr 12, 20249:35 amHouseVote on the rule (H.Res.1137)On agreeing to the resolution Agreed to by recorded vote: 213 - 208 (Roll no. 113).Agreed to213-208Nay
PartyYeaNayPresentNot voting
Democratic020805
Republican213005
Independent0000
Total213208010
Apr 12, 2024HouseVote on an amendment
H.Amdt.878, Ben ClineOn agreeing to the Cline amendment (A003) Agreed to by voice vote.
Agreed toVoice vote or unanimous consent, no tallyno roll call
Apr 12, 202412:32 pmHouseVote on an amendmentCounted in grades as FISA Warrant Amendment (Biggs)
H.Amdt.876, Andy Biggs: Amendment sought to prohibit warrantless searches of U.S. person communications in the Foreign Intelligence Surveillance Act 702 database, with exceptions for imminent threats to life or bodily harm, consent searches, or known cybersecurity threat signatures.On agreeing to the Biggs amendment (A001) Failed by recorded vote: 212 - 212 (Roll no. 114).
Failed212-212Nay
PartyYeaNayPresentNot voting
Democratic8412606
Republican1288607
Independent0000
Total212212013
Apr 12, 202412:37 pmHouseVote on an amendment
H.Amdt.877, Chip Roy: Amendment requires the FBI to report to Congress on a quarterly basis the number of U.S. person queries conducted and permits Congressional leadership to attend Foreign Intelligence Surveillance Court proceedings.On agreeing to the Roy amendment (A002) Agreed to by recorded vote: 269 - 153 (Roll no. 115).
Agreed to269-153Nay
PartyYeaNayPresentNot voting
Democratic10210707
Republican1674608
Independent0000
Total269153015
Apr 12, 202412:41 pmHouseVote on an amendment
H.Amdt.879, Dan Crenshaw: Amendment modifies the definition of "foreign intelligence" under section 702, procedures for targeting certain persons outside the United States other than United States persons.On agreeing to the Crenshaw amendment (A004) Agreed to by recorded vote: 268 - 152 (Roll no. 116).
Agreed to268-152Yea
PartyYeaNayPresentNot voting
Democratic1396908
Republican1298308
Independent0000
Total268152016
Apr 12, 202412:44 pmHouseVote on an amendment
H.Amdt.880, Michael Waltz: Amendment permits the use of section 702, procedures for targeting certain persons outside the United States other than United States persons, information to vet foreigners traveling to the United States.On agreeing to the Waltz amendment (A005) Agreed to by recorded vote: 227 - 193 (Roll no. 117).
Agreed to227-193Yea
PartyYeaNayPresentNot voting
Democratic9511308
Republican1328008
Independent0000
Total227193016
Apr 12, 202412:50 pmHouseVote on an amendment
H.Amdt.881, Michael R. Turner: Amendment modifies the definition of electronic communication service provider under section 702, procedures for targeting certain persons outside the United States other than United States persons.On agreeing to the Turner amendment (A006) Agreed to by recorded vote: 236 - 186 (Roll no. 118).
Agreed to236-186Yea
PartyYeaNayPresentNot voting
Democratic1268208
Republican11010406
Independent0000
Total236186014
Apr 12, 20241:01 pmHousePassage of the billCounted in gradesOn passage Passed by recorded vote: 273 - 147 (Roll no. 119).Passed273-147Yea

Counted in grades

PartyYeaNayPresentNot voting
Democratic1475907
Republican1268804
Independent0000
Total273147011
Apr 15, 20247:03 pmHouseMotion to table the motion to reconsiderOn motion to table the motion to reconsider Agreed to by recorded vote: 259 - 128 (Roll no. 120).Agreed to259-128Yea
PartyYeaNayPresentNot voting
Democratic14242029
Republican11786014
Independent0000
Total259128043
Apr 18, 2024SenateCloture on the motion to proceed (vote to end debate; three-fifths of senators duly chosen and sworn required)Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 67 - 32. Record Vote Number: 141. (CR S2838)Invoked67-32n/a
PartyYeaNayPresentNot voting
Democratic351300
Republican301801
Independent2100
Total673201
Apr 19, 2024SenateMotion to proceed (bring the bill to the floor)Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 62 - 30. Record Vote Number: 143.Agreed to62-30n/a
PartyYeaNayPresentNot voting
Democratic321303
Republican281605
Independent2100
Total623008
Apr 19, 2024SenateVote on an amendment
S.Amdt.1829, Rand Paul: To append the Fourth Amendment Is Not For Sale Act. (60 votes required under the Senate's order of Apr 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.
Failed31-61n/a
PartyYeaNayPresentNot voting
Democratic153003
Republican152905
Independent1200
Total316108
Apr 19, 2024SenateVote on an amendment
S.Amdt.1834, Roger Marshall: To strike the prohibition on political appointees being involved in the approval of queries by the Federal Bureau of Investigation.Amendment SA 1834 not agreed to in Senate by Yea-Nay Vote. 17 - 75. Record Vote Number: 145.
Failed17-75n/a
PartyYeaNayPresentNot voting
Democratic04503
Republican172705
Independent0300
Total177508
Apr 19, 2024SenateVote on an amendment
S.Amdt.1820, Ron Wyden: To strike section 25, relating to definition of electronic communication service provider.Amendment SA 1820 not agreed to in Senate by Yea-Nay Vote. 34 - 58. Record Vote Number: 146.
Failed34-58n/a
PartyYeaNayPresentNot voting
Democratic182703
Republican152905
Independent1200
Total345808
Apr 19, 2024SenateVote on an amendment
S.Amdt.1828, Rand Paul: To prohibit the use of authorities under the Foreign Intelligence Surveillance Act of 1978 to surveil United States persons, to prohibit queries under such Act using search terms associated with United States persons, and to prohibit the use of information acquired under such Act in any criminal, civil, or administrative proceeding or as part of any criminal, civil, or administrative investigation. (60 votes required under the Senate's order of Apr 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.
Failed11-81n/a
PartyYeaNayPresentNot voting
Democratic04503
Republican113305
Independent0300
Total118108
Apr 19, 2024SenateVote on an amendment
S.Amdt.1841, Richard J. Durbin: To prohibit warrantless access to the communications and other information of United States persons.Amendment SA 1841 not agreed to in Senate by Yea-Nay Vote. 42 - 50. Record Vote Number: 148.
Failed42-50n/a
PartyYeaNayPresentNot voting
Democratic232203
Republican182605
Independent1200
Total425008
Apr 19, 2024SenateVote on an amendment
S.Amdt.1840, Mike Lee: To appropriately address the use of amici curiae in Foreign Intelligence Surveillance Court proceedings and to require adequate disclosure of relevant information in Foreign Intelligence Surveillance Act of 1978 applications.Amendment SA 1840 not agreed to in Senate by Yea-Nay Vote. 40 - 53. Record Vote Number: 149.
Failed40-53n/a
PartyYeaNayPresentNot voting
Democratic182703
Republican212404
Independent1200
Total405307
Apr 19, 2024SenatePassage of the bill
(60 votes required under the Senate's order of Apr 19, 2024)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.
Passed60-34n/a
PartyYeaNayPresentNot voting
Democratic281703
Republican301603
Independent2100
Total603406

Amendments

27 amendments: 5 agreed to, 7 failed, 15 submitted, not proposed. Show the list

Agreed to (5)

H.Amdt.877Apr 12
Chip Roy
Amendment requires the FBI to report to Congress on a quarterly basis the number of U.S. person queries conducted and permits Congressional leadership to attend Foreign Intelligence Surveillance Court proceedings.Roll 115: 269-153
H.Amdt.878Apr 12
Ben Cline
An amendment numbered 3 printed in House Report 118-456 to prohibit the resumption of "abouts" collection under section 702.Without a recorded vote
H.Amdt.879Apr 12
Dan Crenshaw
Amendment modifies the definition of "foreign intelligence" under section 702, procedures for targeting certain persons outside the United States other than United States persons.Roll 116: 268-152
H.Amdt.880Apr 12
Michael Waltz
Amendment permits the use of section 702, procedures for targeting certain persons outside the United States other than United States persons, information to vet foreigners traveling to the United States.Roll 117: 227-193
H.Amdt.881Apr 12
Michael R. Turner
Amendment modifies the definition of electronic communication service provider under section 702, procedures for targeting certain persons outside the United States other than United States persons.Roll 118: 236-186

Failed (7)

H.Amdt.876Apr 12
Andy Biggs
Amendment sought to prohibit warrantless searches of U.S. person communications in the Foreign Intelligence Surveillance Act 702 database, with exceptions for imminent threats to life or bodily harm, consent searches, or known cybersecurity threat signatures.Roll 114: 212-212
S.Amdt.1820Apr 19
Ron Wyden
To strike section 25, relating to definition of electronic communication service provider.Roll 146: 34-58
S.Amdt.1828Apr 19
Rand Paul
To prohibit the use of authorities under the Foreign Intelligence Surveillance Act of 1978 to surveil United States persons, to prohibit queries under such Act using search terms associated with United States persons, and to prohibit the use of information acquired under such Act in any criminal, civil, or administrative proceeding or as part of any criminal, civil, or administrative investigation.Roll 147: 11-81
S.Amdt.1829Apr 19
Rand Paul
To append the Fourth Amendment Is Not For Sale Act.Roll 144: 31-61
S.Amdt.1834Apr 19
Roger Marshall
To strike the prohibition on political appointees being involved in the approval of queries by the Federal Bureau of Investigation.Roll 145: 17-75
S.Amdt.1840Apr 19
Mike Lee
To appropriately address the use of amici curiae in Foreign Intelligence Surveillance Court proceedings and to require adequate disclosure of relevant information in Foreign Intelligence Surveillance Act of 1978 applications.Roll 149: 40-53
S.Amdt.1841Apr 19
Richard J. Durbin
To prohibit warrantless access to the communications and other information of United States persons.Roll 148: 42-50

Submitted, not proposed (15)

S.Amdt.1821Apr 17
Josh Hawley
Senate amendment submitted
S.Amdt.1822Apr 17
Jeff Merkley
Senate amendment submitted
S.Amdt.1823Apr 18
Roger Marshall
Senate amendment submitted
S.Amdt.1824Apr 18
Roger Marshall
Senate amendment submitted
S.Amdt.1825Apr 18
Roger Marshall
Senate amendment submitted
S.Amdt.1826Apr 18
Mike Lee
Senate amendment submitted
S.Amdt.1827Apr 18
Ron Wyden
Senate amendment submitted
S.Amdt.1830Apr 18
Mazie K. Hirono
Senate amendment submitted
S.Amdt.1831Apr 18
Mazie K. Hirono
Senate amendment submitted
S.Amdt.1832Apr 18
Richard J. Durbin
Senate amendment submitted
S.Amdt.1833Apr 18
Rand Paul
Senate amendment submitted
S.Amdt.1836Apr 18
Mike Lee
Senate amendment submitted
S.Amdt.1837Apr 19
Rand Paul
Senate amendment submitted
S.Amdt.1838Apr 19
Rand Paul
Senate amendment submitted
S.Amdt.1839Apr 19
Rand Paul
Senate amendment submitted

FISA Section 702 reauthorization — warrantless surveillance. The program collects communications of Americans without a warrant, raising documented 4th Amendment concerns.