S 139 · 115th Congress 2017–2019, ended

FISA Amendments Reauthorization Act of 2017

Latest action · Jan 19, 2018 Became Public Law No: 115-118.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 12, 2017
  2. Passed SenateMay 16, 2017
  3. Passed HouseJan 11, 2018
  4. To the PresidentJan 19, 2018
  5. Became lawJan 19, 2018Public Law 115-118

Summary

FISA Amendments Reauthorization Act of 2017

TITLE I--ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLECTION AND SAFEGUARDS, ACCOUNTABILITY, AND OVERSIGHT

(Sec. 101) This bill directs the Department of Justice (DOJ) to adopt querying procedures consistent with the requirements of the Fourth Amendment to the Constitution for information collected pursuant to an authorization under the Foreign Intelligence Surveillance Act (FISA) provisions for targeting non-U.S. persons outside the United States. Such procedures shall include a technical procedure whereby a record is kept of each U.S. person query term used for a query. The querying procedures shall be subject to judicial review.

A court order is generally required for review by the Federal Bureau of Investigation (FBI) of query results in criminal investigations unrelated to national security, except where the FBI determines there is a reasonable belief that such contents could assist in mitigating or eliminating a threat to life or serious bodily harm.

(Sec. 102) Any information concerning a U.S. person acquired under querying provisions may not be used in evidence against that person in any criminal proceeding unless the FBI obtained an order of the FISA Court to access such information or DOJ determines that the criminal proceeding: (1) affects, involves, or is related to U.S. national security, or (2) involves death, kidnapping, serious bodily injury, conduct that constitutes a criminal offense that is a specified offense against a minor, incapacitation or destruction of critical infrastructure, cybersecurity, transnational crime, or human trafficking. Such determination is not subject to judicial review.

Reporting by the Office of the Director of National Intelligence (ODNI) is expanded.

(Sec. 103) If DOJ and the ODNI intend to implement the authorization of the intentional acquisition of abouts communications, they shall first submit to specified congressional committees a written notice of intent to do so. "Abouts communication" means a communication that contains a reference to, but is not to or from, a target of an acquisition authorized under the FISA.

Such committees shall hold hearings and briefings and otherwise obtain information in order to fully review the written notice. The bill makes an exception for emergency acquisition of abouts communication.

Each element of the intelligence community involved in the acquisition of abouts communications shall fully and currently inform the committees of a material breach.

(Sec. 104) The ODNI shall: (1) conduct a declassification review of any minimization procedures adopted or amended; and (2) consistent with such review, make such minimization procedures publicly available to the greatest extent practicable.

(Sec. 105) If DOJ authorized the emergency employment of electronic surveillance or a physical search, DOJ may authorize, for the effective period of the emergency authorization and subsequent order, without a separate order, the targeting of a U.S. person subject to such emergency employment for the purpose of acquiring foreign intelligence information while such U.S. person is reasonably believed to be located outside the United States.

(Sec. 106) The bill provides for compensation of an amicus curiae (i.e., friend of the court who is not a party to a case and who assists the court by offering information, expertise, or insight that has a bearing on the issues in the case).

(Sec. 107) The bill expands FISA reporting requirements to require reporting of: (1) the total number of persons subject to electronic surveillance conducted under an order or emergency authorization, including the number of such individuals who are U.S. persons; and (2) a good faith estimate of the total number of subjects who were targeted by the installation and use of a pen register or trap and trace device under an order or emergency authorization.

(Sec. 108) The Privacy and Civil Liberties Oversight Board may meet or otherwise communicate in any number to confer or deliberate in a manner that is closed to the public.

If the position of chairman of the board is vacant, the board, at the direction of the unanimous vote of the serving member of the board, may exercise the authority of the chairman.

(Sec. 109) The National Security Agency and the FBI shall each designate at least one senior officer to serve as the principal advisor to carry out specified privacy and civil liberties-related functions.

(Sec. 110) The bill extends whistle-blower protections to contractor employees of the intelligence community and the FBI.

(Sec. 111) DOJ shall brief specified congressional committees on how it interprets FISA requirements to notify an aggrieved person of the use of information obtained or derived from electronic surveillance, physical search, or the use of a pen register or trap and trace device.

(Sec. 112) The Inspector General of DOJ shall report to specified congressional committees on queries conducted by the FBI.

TITLE II--EXTENSION OF AUTHORITIES, INCREASED PENALTIES, REPORTS, AND OTHER MATTERS

(Sec. 201) The bill reauthorizes title VII of the FISA until December 31, 2023.

(Sec. 202) The penalty for the unauthorized removal and retention of classified documents or material is increased from one to five years.

(Sec. 203) DOJ must report to specified congressional committees on current and future challenges to the effectiveness of U.S. foreign intelligence surveillance activities authorized under the FISA.

(Sec. 204) The Government Accountability Office shall study the U.S. classification system and the methods by which the intelligence community protects classified information.

(Sec. 205) The bill makes technical amendments to the FISA and authorizes referral of the denial of certain applications to a court of review.

Recorded votes 6

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
Senate 12Motion Agreed to65–34Jan 18, 2018
Senate 11Cloture Motion Agreed to60–38Jan 16, 2018
Senate 10Motion to Proceed Agreed to68–27Jan 11, 2018
House 16Passed256–164Jan 11, 2018
House 15Failed189–227Jan 11, 2018

Cosponsors 12

Members who signed on, in the order they did. Signatures ran from Jan 12, 2017 to May 11, 2017; 5 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MNAmy KlobucharOriginalJan 12, 2017
D-CADianne FeinsteinOriginalJan 12, 2017
R-AZJeff FlakeOriginalJan 12, 2017
R-TXJohn CornynOriginalJan 12, 2017
D-NYKirsten E. GillibrandOriginalJan 12, 2017
R-GADavid PerdueJan 23, 2017
R-UTMike LeeJan 23, 2017
D-DEChristopher A. CoonsJan 24, 2017
R-SDMike RoundsFeb 8, 2017
R-LAJohn KennedyMay 2, 2017
D-ILRichard J. DurbinMay 10, 2017
R-TXTed CruzMay 11, 2017

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateJudiciary Committee
Referred Jan 12, 2017Hearings May 3, 2017Markup May 11, 2017Reported May 11, 2017

Actions 42

Everything that happened, newest first.

  1. Jan 19, 2018Presented to President.
  2. Jan 19, 2018Signed by President.
  3. Jan 19, 2018Became Public Law No: 115-118.
  4. Jan 18, 2018Considered by Senate (Message from the House considered). (consideration: CR S268-270)
  5. Jan 18, 2018Resolving differences -- Senate actions: Senate agreed to the House amendment to S. 139 by Yea-Nay Vote. 65 - 34. Record Vote Number: 12.

In the Congressional Record 10

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S439Chris Van Hollen D-MDJan 22, 2018
ExtensionsDebate and remarks E73, E80Devin Nunes R-CA, Mark DeSaulnier D-CAJan 19, 2018
SenateDebate and remarks S265, S270Motions S270Recorded votes S270House amendmentMark R. Warner D-VA, Mitch McConnell R-KY, Richard Burr R-NC (motion), Rob Portman R-OHJan 18, 2018
SenateDebate and remarks S213, S215, S224–S227, S235–S242, S256Amendments S254, S255Bernard Sanders I-VT (amendment), Dianne Feinstein D-CA, Edward J. Markey D-MA (amendment), John Cornyn R-TX, Martin Heinrich D-NM (amendment), Mike Lee R-UT, Mitch McConnell R-KY, Ron Wyden D-OR, Steve Daines R-MT (amendment), Tammy Baldwin D-WI (amendment), Tom Cotton R-AR, Tom Udall D-NM (amendment)Jan 17, 2018
SenateDebate and remarks S173–S180Amendments S190, S195, S196, S197, S198, S199, S204, S205, S206, S209, S210, S211Cloture motions S180Recorded votes S180cloture motion on House amendmentCharles E. Schumer D-NY, Chuck Grassley R-IA, Deb Fischer R-NE (cloture motion), Dianne Feinstein D-CA (amendment), Edward J. Markey D-MA (amendment), James M. Inhofe R-OK (cloture motion), John Boozman R-AR (cloture motion), John Cornyn R-TX (cloture motion), John Hoeven R-ND (cloture motion), John Thune R-SD (cloture motion), Johnny Isakson R-GA (cloture motion), Kamala D. Harris D-CA (amendment), Marco Rubio R-FL (cloture motion), Mark R. Warner D-VA, Mike Lee R-UT (amendment), Mike Rounds R-SD (cloture motion), Mitch McConnell R-KY (cloture motion), Orrin G. Hatch R-UT (cloture motion), Pat Roberts R-KS (cloture motion), Patrick J. Leahy D-VT (amendment), Rand Paul R-KY (amendment), Richard Blumenthal D-CT (amendment), Richard Burr R-NC (cloture motion), Roger F. Wicker R-MS (cloture motion), Ron Wyden D-OR (amendment), Roy Blunt R-MO (cloture motion), Shelley Moore Capito R-WV (cloture motion), Steve Daines R-MT (amendment), Thom Tillis R-NC (cloture motion)Jan 16, 2018

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Congressional Budget Office cost estimate

  1. Jul 3, 2017S. 139, Rapid DNA Act of 2017As passed by the Senate on May 16, 2017

CRS reports 7

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 7

Products on other subjects that cite it, usually among other measures.

Amendments 35

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 509Pursuant to the provisions of H.Res. 682, an amendment in the nature of a substitute consisting of the text of rules Committee print 115-53 is considered as adopted.Rules CommitteeHouse amendment offered
HAmdt 510Amendment sought to replace the text of S. 139 with the text of H.R. 4124, the USA RIGHTS Act.Justin Amash I-MIOn agreeing to the Amash amendment (A002) Failed by the Yeas and Nays: 183 - 233 (Roll no. 14).
SA 1870To change the enactment date.Mitch McConnell R-KYMotion to table the motion to concur in the House amendment to S. 139 with an amendment (SA 1870) agreed to in Senate by Voice Vote.
SA 1871Of a perfecting nature.Mitch McConnell R-KYSA 1871 fell when the motion to concur in the House amendment to S. 139 with an amendment (SA 1870) tabled.
SA 1872Of a perfecting nature.Mitch McConnell R-KYSA 1872 (the instructions of the motion to refer) fell when cloture invoked on the motion to concur in the House amendment to S. 139.

Related bills 5

Companion bills and other measures the record links to this one.

Titles 9

Every title it has carried, official and short, at each stage.

Official Title
An act to amend the Foreign Intelligence Surveillance Act of 1978 to improve foreign intelligence collection and the safeguards, accountability, and oversight of acquisitions of foreign intelligence, to extend title VII of such Act, and for other purposes
Short Title
FISA Amendments Reauthorization Act of 2017
Official Title as Introduced
A bill to implement the use of Rapid DNA instruments to inform decisions about pretrial release or detention and their conditions, to solve and prevent violent crimes and other crimes, to exonerate the innocent, to prevent DNA analysis backlogs, and for other purposes.
Official Title as Enacted
An Act to amend the Foreign Intelligence Surveillance Act of 1978 to improve foreign intelligence collection and the safeguards, accountability, and oversight of acquisitions of foreign intelligence, to extend title VII of such Act, and for other purposes.
Short Titles as Introduced
Rapid DNA Act of 2017
Short Titles as Reported to Senate
Rapid DNA Act of 2017
Short Titles as Passed House
FISA Amendments Reauthorization Act of 2017
Short Titles as Passed Senate
Rapid DNA Act of 2017
Short Titles as Enacted
FISA Amendments Reauthorization Act of 2017

Subjects

Assigned by the Library of Congress. Policy area: Armed Forces and National Security.

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Jan 11, 2018Engrossed Amendment House
  3. May 16, 2017Engrossed in Senate
  4. May 11, 2017Reported to Senate
  5. Jan 12, 2017Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.