USA FREEDOM Reauthorization Act of 2020
Latest action · Jun 1, 2020 Message on House action received in Senate and at desk: House requests a conference.
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.
- IntroducedMar 10, 2020
- Passed HouseMar 11, 2020
- Passed SenateMay 14, 2020
- To the PresidentNot reached
- Became lawNot reached
Summary
USA FREEDOM Reauthorization Act of 2020
This bill reauthorizes through December 1, 2023, provisions related to intelligence gathering under the Foreign Intelligence and Surveillance Act (FISA) and amends FISA-related provisions.
The Federal Bureau of Investigation may not seek certain FISA-authorized orders to obtain (1) call detail records on an ongoing basis, (2) a tangible thing where a person has a reasonable expectation of privacy and a warrant would typically be required, or (3) cellular or GPS location information.
A tangible thing obtained under FISA may be retained for no longer than five years except in certain instances, such as when a tangible thing is reasonably believed to be evidence of a crime. If the government intends to use information from a tangible thing obtained under FISA in a trial or other proceeding, it shall be treated as information obtained through electronic surveillance, unless a U.S. authority finds that notifying the person targeted would harm national security. (There are existing protections related to electronic surveillance, such as allowing the targeted person to move to suppress the disclosure of the obtained information in court.)
In applications for certain FISA-authorized orders to obtain information or conduct surveillance, the applicant must certify that the Department of Justice (DOJ) has received any information that might raise doubts about the application. The bill imposes additional requirements on FISA-authorized orders targeting (1) a U.S. person, or (2) a federal elected official or candidate.
The bill increases criminal penalties for violations related to electronic surveillance conducted under color of law or false statements made to the Foreign Intelligence Surveillance Court (FISA court). A U.S. government employee, officer, or contractor who engages in deliberate misconduct before a FISA court shall be subject to adverse actions, such as removal from the individual's position.
The bill broadens the criteria for when a FISA court decision shall be declassified and requires the declassification review and release of such opinions within 180 days of an opinion being issued.
The bill broadens the FISA court's authority to appoint an amicus curiae (an outside party that assists in consideration of a case) and expands such amici's powers, such as the power to ask the court to review a decision. An amicus may also seek the court's permission to address any novel or significant privacy or civil liberties issues arising in a case, even if the court did not ask for assistance on that issue. The FISA court may employ legal advisors to assist in considering any matter.
Each agency that submits applications to the FISA court shall appoint an officer responsible for compliance with FISA requirements.
An application for a FISA court order shall include all information in the government's possession that (1) is material to a ruling on the application, including any exculpatory information; or (2) calls into question the accuracy of the application or the accuracy of an assessment in the application, or otherwise raises doubts about a finding that is a required part of the application.
An application for a FISA court order shall include (1) a description of the procedures in place to ensure the accuracy and completeness of the application, and (2) a certification by the applying officer (or designee) that the officer or designee has reviewed the application and accompanying documentation for accuracy and completeness. A judge may not enter a FISA court order unless the described accuracy and completeness procedures comply with requirements prescribed by this bill.
Recorded votes 4
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 115 | On Motion to Disagree to the Senate Amendments and Request a Conference | Passed284–122 | May 28, 2020 |
| Senate 92 | On Passage of the Bill H.R. 6172 | Bill Passed80–16 | May 14, 2020 |
| House 99 | On Agreeing to the Buck of Colorado Amendment to the Title | Failed35–376 | Mar 11, 2020 |
| House 98 | On Passage | Passed278–136 | Mar 11, 2020 |
Cosponsors 1
Members who signed on, in the order they did. All signed on Mar 10, 2020.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Adam B. Schiff | Original | Mar 10, 2020 |
Committees 4
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Mar 10, 2020 |
| House | Intelligence (Permanent Select) Committee | Referred Mar 10, 2020 |
| House | Oversight and Government Reform Committee | Referred Mar 10, 2020 |
| House | Homeland Security Committee | Referred Mar 10, 2020 |
Actions 26
Everything that happened, newest first.
- Jun 1, 2020Message on House action received in Senate and at desk: House requests a conference.
- May 28, 2020Mr. Nadler moved that the House disagree to the Senate amendments, and request a conference. (consideration: CR H2340-2346; text: CR H2340-2342)
- May 28, 2020DEBATE - The House proceeded with one hour of debate on the motion to disagree to the Senate amendments and request a conference on H.R. 6172.
- May 28, 2020On motion that the House disagree to the Senate amendments, and request a conference Agreed to by the Yeas and Nays: 284 - 122 (Roll no. 115).
- May 28, 2020The Speaker appointed conferees: Nadler, Schiff, Lofgren, Jordan, and Nunes.
In the Congressional Record 14
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.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H2340–H2346Amendments H2340Motions H2342Recorded votes H2345Nadler motion to go to conferenceConferees appointed H2346Lists H2346Votes recorded by proxy on Nadler motion to go to conference on H.R. 6172, Foreign Intelligence Surveillance Act production of certain business records prohibition | Adam B. Schiff D-CA (conferee), Devin Nunes R-CA (conferee), Jerrold Nadler D-NY (conferee, motion), Jim Jordan R-OH (conferee), Louie Gohmert R-TX, Steny H. Hoyer D-MD, Warren Davidson R-OH, Zoe Lofgren D-CA (conferee) | May 28, 2020 |
| House | Debate and remarks H2288, H2300–H2302, H2305–H2314Text printed H2300Amendments H2311Recorded votes H2312, H2313consideration of Senate amendments (H. Res. 981), previous questionLists H2313Votes recorded by proxy on previous question to H. Res. 981, consideration of Senate amendment to H.R. 6172, Foreign Intelligence Surveillance Act production of certain business records prohibition | James P. McGovern D-MA, Michael C. Burgess R-TX, Nancy Pelosi D-CA, Peter A. DeFazio D-OR, Rob Woodall R-GA (amendment), Steny H. Hoyer D-MD | May 27, 2020 |
| Senate | Debate and remarks S2577 | John Cornyn R-TX | May 21, 2020 |
| Senate | Debate and remarks S2469 | Mitch McConnell R-KY | May 18, 2020 |
| Senate | Debate and remarks S2433, S2435–S2439Amendments S2438, S2458Recorded votes S2439, S2441Paul amendment (clarify prohibition on warrantless searching of collections of communications for U.S. persons)prohibit | John Thune R-SD, Rand Paul R-KY (amendment), Tom Udall D-NM | May 14, 2020 |
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.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 166, no. 46, March 10, 2020, page H1588.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 116-629 | THE INVALIDATION OF THE EU-U.S. PRIVACY SHIELD AND THE FUTURE OF TRANSATLANTIC DATA FLOWS113 pages | Commerce, Science, and Transportation Committee | Dec 9, 2020 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R40138 | Origins and Impact of the Foreign Intelligence Surveillance Act (FISA) Provisions That Expired on March 15, 2020 | Report | Mar 31, 2021 |
Amendments 5
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 813 | Pursuant to the provisions of H.Res. 891, the amendment printed in House Report 116-415 is adopted. | Rules Committee | On agreeing to the Rules amendment (A001) Agreed to without objection. |
| HAmdt 814 | An amendment to change the title to read "A bill to be known as the Federal Initiative to Spy on Americans (FISA) Act". | Ken Buck R-CO | On agreeing to the Buck amendment (A002) Failed by recorded vote: 35 - 376 (Roll no. 99). |
| SA 1583 | To remove internet website browsing information and search history from scope of authority to access certain business records for foreign intelligence and international terrorism investigations. | Ron Wyden D-OR | Amendment SA 1583, under the order of 5/12/20, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 59 - 37. Record Vote Number: 89. |
| SA 1584 | To improve the amicus provisions and require the disclosure of relevant information. | Mike Lee R-UT | Amendment SA 1584, under the order of 5/12/20, having achieved 60 votes in the affirmative, was agreed to in Senate by Yea-Nay Vote. 77 - 19. Record Vote Number: 90. |
| SA 1586 | To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the use of authorities under such Act to surveil 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, and for other purposes. | Rand Paul R-KY | Amendment SA 1586, under the order of 5/12/20, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 11 - 85. Record Vote Number: 91. |
Related bills 3
Companion bills and other measures the record links to this one.
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, and for other purposes.
- Short Titles as Passed Senate
- USA FREEDOM Reauthorization Act of 2020
- Short Title(s) as Introduced
- USA FREEDOM Reauthorization Act of 2020
- Short Title(s) as Passed House
- USA FREEDOM Reauthorization Act of 2020
- Short Title(s) from PCS (Placed on Senate Calendar) bill text
- USA FREEDOM Reauthorization Act of 2020
Subjects
Assigned by the Library of Congress. Policy area: Armed Forces and National Security.
- Accounting and auditing
- Administrative law and regulatory procedures
- Armed Forces and National Security
- Business records
- Congressional elections
- Congressional oversight
- Criminal investigation, prosecution, interrogation
- Criminal justice information and records
- Criminal procedure and sentencing
- Department of Justice
- Elections, voting, political campaign regulation
- Employee performance
- Evidence and witnesses
- Executive agency funding and structure
- Federal officials
- First Amendment rights
- Fraud offenses and financial crimes
- Geography and mapping
- Government employee pay, benefits, personnel management
- Government ethics and transparency, public corruption
- Government information and archives
- Government studies and investigations
- Intelligence activities, surveillance, classified information
- Judicial procedure and administration
- Judicial review and appeals
- Privacy and Civil Liberties Oversight Board
- Racial and ethnic relations
- Religion
- Right of privacy
- Sex, gender, sexual orientation discrimination
- Specialized courts
- Supreme Court
- Telephone and wireless communication
Text 4
Each version as it was printed, newest first.
- May 14, 2020Engrossed Amendment Senate
- Mar 12, 2020Placed on Calendar Senate
- Mar 11, 2020Engrossed in House
- Mar 10, 2020Introduced in House
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.
