US Congress House Bill 6172 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 2-0)
Status: Engrossed on March 11 2020 - 50% progression, died in chamber
Action: 2020-06-01 - Message on House action received in Senate and at desk: House requests a conference.
Text: Latest bill text (Amended) [PDF]

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.

USA FREEDOM Reauthorization Act of 2020

Rep. Jerrold Nadler [D-NY]

Rep. Adam Schiff [D-CA]

2020-05-28 - House - On motion that the House disagree to the Senate amendments, and request a conference RC# 115 (Y: 284 N: 122 NV: 0 Abs: 25) [PASS]
2020-05-14 - Senate - Amendment SA 1586, under the order of 5/12/20, not having achieved 60 votes in the affirmative, was S.Amdt.1586 RC# 91 (Y: 11 N: 85 NV: 0 Abs: 4) [FAIL]
2020-05-14 - Senate - Passed Senate, under the order of 5/12/20, having achieved 60 votes in the affirmative, with amendments RC# 92 (Y: 80 N: 16 NV: 0 Abs: 4) [PASS]
2020-05-13 - Senate - Amendment SA 1584, under the order of 5/12/20, having achieved 60 votes in the affirmative, was S.Amdt.1584 RC# 90 (Y: 77 N: 19 NV: 0 Abs: 4) [PASS]
2020-05-13 - Senate - Amendment SA 1583, under the order of 5/12/20, not having achieved 60 votes in the affirmative, was S.Amdt.1583 RC# 89 (Y: 59 N: 37 NV: 0 Abs: 4) [FAIL]
2020-03-11 - House - On agreeing to the Buck amendment (A002) H.Amdt.814 RC# 99 (Y: 35 N: 376 NV: 0 Abs: 18) [FAIL]
2020-03-11 - House - On passage RC# 98 (Y: 278 N: 136 NV: 0 Abs: 15) [PASS]

Date	Chamber	Action
2020-06-01	Senate	Message on House action received in Senate and at desk: House requests a conference.
2020-05-28	House	The Speaker appointed conferees: Nadler, Schiff, Lofgren, Jordan, and Nunes.
2020-05-28	House	On 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).
2020-05-28	House	DEBATE - 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.
2020-05-28	House	Mr. Nadler moved that the House disagree to the Senate amendments, and request a conference. (consideration: CR H2340-2346; text: CR H2340-2342)
2020-05-14	Senate	Message on Senate action sent to the House.
2020-05-14	Senate	Passed Senate, under the order of 5/12/20, having achieved 60 votes in the affirmative, with amendments by Yea-Nay Vote. 80 - 16. Record Vote Number: 92.
2020-05-14	Senate	S.Amdt.1586 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.
2020-05-14	Senate	S.Amdt.1586 Amendment SA 1586 proposed by Senator Paul. (consideration: CR S2438-2439; text: CR S2438-2439) 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.
2020-05-14	Senate	Considered by Senate. (consideration: CR S2432-2441)
2020-05-13	Senate	S.Amdt.1584 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.
2020-05-13	Senate	S.Amdt.1584 Amendment SA 1584 proposed by Senator Lee. (consideration: CR S2410-2412; text: CR S2427-2428) To improve the amicus provisions and require the disclosure of relevant information.
2020-05-13	Senate	S.Amdt.1583 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.
2020-05-13	Senate	S.Amdt.1583 Amendment SA 1583 proposed by Senator Wyden. (consideration: CR S2397-2400; text: CR S2397) 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.
2020-05-13	Senate	Measure laid before Senate by unanimous consent. (consideration: CR S2388, S2396-2400, S2409-2412, S2414)
2020-03-16	Senate	Cloture motion on the motion to proceed to the measure withdrawn by unanimous consent in Senate. (CR S1753)
2020-03-16	Senate	Motion to proceed to measure considered in Senate. (CR S1748)
2020-03-12	Senate	Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1735)
2020-03-12	Senate	Motion to proceed to consideration of measure made in Senate. (CR S1735)
2020-03-12	Senate	Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 440.
2020-03-11	Senate	Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
2020-03-11	House	Motion to reconsider laid on the table Agreed to without objection.
2020-03-11	House	H.Amdt.814 On agreeing to the Buck amendment (A002) Failed by recorded vote: 35 - 376 (Roll no. 99).
2020-03-11	House	H.Amdt.814 Amendment (A002) offered by Mr. Buck. (consideration: CR H1637; text: CR H1637)
2020-03-11	House	Motion to reconsider laid on the table Agreed to without objection.
2020-03-11	House	On passage Passed by the Yeas and Nays: 278 - 136 (Roll no. 98). (text: CR H1622-1627)
2020-03-11	House	The previous question was ordered pursuant to the rule.
2020-03-11	House	DEBATE - The House resumed with debate on H.R. 6172.
2020-03-11	House	DEBATE - The House proceeded with one hour of debate on H.R. 6172.
2020-03-11	House	Rule provides for consideration of S.J. Res. 68, H.R. 2486 and H.R. 6172. Resolution provides for consideration of S.J. Res. 68, the Senate amendment to H.R. 2486, and H.R. 6172. For S.J. Res. 68, the resolution provides for 1 hour of debate and 1 motion to commit. For the Senate amendment to H.R. 2486, the question will be divided and each portion will have 1 hour of debate. H.R. 6172 will have 1 hour ofdebate and 1 motion to recommit with or without instructions.
2020-03-11	House	Considered under the provisions of rule H. Res. 891. (consideration: CR H1622-1637)
2020-03-11	House	Rule H. Res. 891 passed House.
2020-03-10	House	Rules Committee Resolution H. Res. 891 Reported to House. Rule provides for consideration of S.J. Res. 68, H.R. 2486 and H.R. 6172. Resolution provides for consideration of S.J. Res. 68, the Senate amendment to H.R. 2486, and H.R. 6172. For S.J. Res. 68, the resolution provides for 1 hour of debate and 1 motion to commit. For the Senate amendment to H.R. 2486, the question will be divided and each portion will have 1 hour of debate. H.R. 6172 will have 1 hour ofdebate and 1 motion to recommit with or without instructions.
2020-03-10	House	Referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), Oversight and Reform, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2020-03-10	House	Referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), Oversight and Reform, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2020-03-10	House	Referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), Oversight and Reform, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2020-03-10	House	Referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), Oversight and Reform, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2020-03-10	House	Introduced in House

HR891 (Related) 2020-03-11 - Motion to reconsider laid on the table Agreed to without objection.
SB3421 (Related) 2020-03-09 - Read twice and referred to the Committee on the Judiciary.
HR981 (Related) 2020-05-27 - Motion to reconsider laid on the table Agreed to without objection.

Type	Source
Summary	https://www.congress.gov/bill/116th-congress/house-bill/6172/all-info
Text	https://www.congress.gov/116/bills/hr6172/BILLS-116hr6172ih.pdf
Text	https://www.congress.gov/116/bills/hr6172/BILLS-116hr6172eh.pdf
Text	https://www.congress.gov/116/bills/hr6172/BILLS-116hr6172pcs.pdf
Text	https://www.congress.gov/116/bills/hr6172/BILLS-116hr6172eas.pdf
Roll Call	https://clerk.house.gov/Votes/202098
Roll Call	https://clerk.house.gov/Votes/202099
Roll Call	https://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00089.xml
Roll Call	https://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00090.xml
Roll Call	https://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00092.xml
Roll Call	https://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00091.xml
Roll Call	https://clerk.house.gov/Votes/2020115