US HB6172 | 2019-2020 | 116th Congress

Status

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

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.

Tracking Information

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Title

USA FREEDOM Reauthorization Act of 2020

Sponsors


Roll Calls

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]

History

DateChamberAction
2020-06-01SenateMessage on House action received in Senate and at desk: House requests a conference.
2020-05-28HouseThe Speaker appointed conferees: Nadler, Schiff, Lofgren, Jordan, and Nunes.
2020-05-28HouseOn 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).
2020-05-28HouseDEBATE - 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.
2020-05-28HouseMr. Nadler moved that the House disagree to the Senate amendments, and request a conference. (consideration: CR H2340-2346; text: CR H2340-2342)
2020-05-14SenateMessage on Senate action sent to the House.
2020-05-14SenatePassed 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.
2020-05-14SenateS.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.
2020-05-14SenateS.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.
2020-05-14SenateConsidered by Senate. (consideration: CR S2432-2441)
2020-05-13SenateS.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.
2020-05-13SenateS.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.
2020-05-13SenateS.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.
2020-05-13SenateS.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.
2020-05-13SenateMeasure laid before Senate by unanimous consent. (consideration: CR S2388, S2396-2400, S2409-2412, S2414)
2020-03-16SenateCloture motion on the motion to proceed to the measure withdrawn by unanimous consent in Senate. (CR S1753)
2020-03-16SenateMotion to proceed to measure considered in Senate. (CR S1748)
2020-03-12SenateCloture motion on the motion to proceed to the measure presented in Senate. (CR S1735)
2020-03-12SenateMotion to proceed to consideration of measure made in Senate. (CR S1735)
2020-03-12SenateRead the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 440.
2020-03-11SenateReceived in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
2020-03-11HouseMotion to reconsider laid on the table Agreed to without objection.
2020-03-11HouseH.Amdt.814 On agreeing to the Buck amendment (A002) Failed by recorded vote: 35 - 376 (Roll no. 99).
2020-03-11HouseH.Amdt.814 Amendment (A002) offered by Mr. Buck. (consideration: CR H1637; text: CR H1637)
2020-03-11HouseMotion to reconsider laid on the table Agreed to without objection.
2020-03-11HouseOn passage Passed by the Yeas and Nays: 278 - 136 (Roll no. 98). (text: CR H1622-1627)
2020-03-11HouseThe previous question was ordered pursuant to the rule.
2020-03-11HouseDEBATE - The House resumed with debate on H.R. 6172.
2020-03-11HouseDEBATE - The House proceeded with one hour of debate on H.R. 6172.
2020-03-11HouseRule 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.
2020-03-11HouseConsidered under the provisions of rule H. Res. 891. (consideration: CR H1622-1637)
2020-03-11HouseRule H. Res. 891 passed House.
2020-03-10HouseRules 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.
2020-03-10HouseReferred 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.
2020-03-10HouseReferred 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.
2020-03-10HouseReferred 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.
2020-03-10HouseReferred 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.
2020-03-10HouseIntroduced in House

Same As/Similar To

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.

Subjects

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

US Congress State Sources

TypeSource
Summaryhttps://www.congress.gov/bill/116th-congress/house-bill/6172/all-info
Texthttps://www.congress.gov/116/bills/hr6172/BILLS-116hr6172ih.pdf
Texthttps://www.congress.gov/116/bills/hr6172/BILLS-116hr6172eh.pdf
Texthttps://www.congress.gov/116/bills/hr6172/BILLS-116hr6172pcs.pdf
Texthttps://www.congress.gov/116/bills/hr6172/BILLS-116hr6172eas.pdf
Roll Callhttps://clerk.house.gov/Votes/202098
Roll Callhttps://clerk.house.gov/Votes/202099
Roll Callhttps://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00089.xml
Roll Callhttps://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00090.xml
Roll Callhttps://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00092.xml
Roll Callhttps://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00091.xml
Roll Callhttps://clerk.house.gov/Votes/2020115

Bill Comments

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