Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that amends the Foreign Intelligence Surveillance Act (FISA) and reauthorizes certain federal intelligence authorities that are set to expire on March 15, 2020.

Highlights:

• Reauthorizes the USA PATRIOT Improvement and Reauthorization Act of 2005 until December 1, 2023 (Sec. 407).

• Reauthorizes the Intelligence Reform and Terrorism Prevention Act of 2004 until December 1, 2023 (Sec. 407).

• Increases the penalty for the misuse of FISA from 5 to 8 years of imprisonment (Sec. 205).

• Requires the government to adopt minimization procedures for a call detail record application (Sec. 101).

• Requires the prompt destruction of all call detail records produced that the government determines are not foreign intelligence information (Sec. 101).

• Requires the above-mentioned minimization procedures to ensure that tangible things received, and information therein, may not be retained for longer than 5 years, unless (Sec. 104):

• It has been determined to constitute foreign intelligence or counterintelligence, or to be necessary to understand or assess foreign intelligence or counterintelligence; 

• It is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency; 

• It is enciphered or reasonably believed to have secret meaning; 

• Retention is necessary to protect an imminent threat to human life; 

• Retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to the tangible thing or information retained must be reported to Congress; and

• Retention for a period longer than 5 years is approved by the Director of the Federal Bureau of Investigation (FBI), based on a determination that retention is necessary to protect the national security of the United States, in which case the Director must provide a written certification to Congress describing: 

• The reasons extended retention is necessary to protect US national security; 

• The duration for which the FBI Director is authorizing retention; 

• Generally the tangible things or information to be retained; and

• The measures the FBI Director is taking to protect the privacy interests of persons located inside the US. 

• Prohibits a call detail record application to seek an order authorizing or requiring the production of cell site location or global positioning system information (Sec. 102).

• Authorizes the Attorney General to treat the production of cell site location or global positioning system information as electronic surveillance rather than business records for purposes of authorizing the emergency production of such information pursuant of FISA (Sec. 102).

• Authorizes an individual to serve as an amicus curiae for a 5-year term, and the presiding judges may, for good cause, jointly reappoint the individual to a single additional term (Sec. 302).

• Requires the appointment of an individual who has been designated to serve as amicus curiae to assist a court in consideration of any application for an order or review that, in the opinion of the court (Sec. 302):

• Presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate; or

• Presents exceptional concerns about the protection of the rights of a US person under the 1st Amendment, unless the court issues a finding that such an appointment is not appropriate. 

• Specifies that a person is guilty of an offense if they are an employee, officer, or contractor of the US government and intentionally disclose an application, or classified information contained therein, for an order under any portion of this bill to any person not entitled to receive classified information (Sec. 205). 

• Authorizes a court to appoint one or more individuals who possess privacy and civil liberties expertise to serve as amicus curiae to assist the court in the consideration of an application for an order that, in the opinion of the court, (Sec. 2):

• Presents a novel or significant interpretation of the law; 

• Presents significant concerns with respect to the activities of a United States person that are protected by the First Amendment of the US Constitution;

• Presents or involves a sensitive investigative matter; 

• Presents a request for approval of a new program, a new technology, or new use of existing technology; 

• Presents a request for reauthorization of programmatic surveillance; or

• Otherwise presents novel or significant civil liberties issues.

• Defines “sensitive investigative matter” as (Sec. 2):

• An investigative matter involving the activities of: 

• A domestic public official or political candidate, or an individual serving on their staff; 

• A domestic religious or political organization, or a known or suspected US person prominent in such organization; or

• The domestic news media; or

• Any other investigative matter involving a domestic entity or a known or suspected US person that is as sensitive as an investigative matter. 

• Authorizes an amicus curiae to petition the Foreign Intelligence Surveillance Court (FISC) to certify a question of law for review, and if the court denies such a petition the court will provide a written statement of the reason for the denial (Sec. 2).

• Specifies that if a court appoints an amicus curiae, the amicus curiae (Sec. 4): 

• Will have access, to the extent such information is available to the government, to:

• The application, certification, petition, motion, and other information and supporting materials submitted to the FISC in connection with the matter in which the amicus curiae has been appointed, including access to any relevant legal precedent; 

• An unredacted copy of each relevant decision made by the FISC or the Foreign Intelligence Surveillance Court of Review (FISCR) in which the court decides a question of law, without regard to whether the decision is classified; 

• Any other information or materials that the court determines are relevant to the duties of the amicus curiae; and

• May make a submission to the court requesting access to any other particular materials or information that the amicus curiae believe to be relevant to the duties of the amicus curiae.

• Authorizes an amicus curiae appointed by the court to have access to unredacted copies of each opinion, order, transcript, pleading, or another document of the FISC or the FISCR, including, if the individual is eligible for access to classified information, any classified documents, information, and other materials or proceedings (Sec. 4).

• Requires the Attorney General or any other federal officer making an application for a court order to provide the court with (Title. IX, Sec. 901):

• All information in the possession of the government that is material to determining whether the application satisfies the applicable requirements under this act, including any exculpatory information; and

• All information in the possession of the government that might reasonably:

• Call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or

• Otherwise raise doubts with respect to the findings that are required to be made under this act in order for the court order to be issued. 

• Requires a federal officer making an application for a court order under this act to include with the application (Title IX, Sec. 902):

• A description of the accuracy procedures employed; and

• A certification that the officer or the officer’s designee has collected and received for accuracy and completeness:

• Supporting documentation for each factual assertion contained in the application; 

• All information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application, or otherwise raises doubts about the requested findings; and

• All material information that might reasonably call into question the reliability and reporting of any information from a confidential human source that is used in the application.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the Foreign Intelligence Surveillance Act (FISA) and reauthorizes certain federal intelligence authorities that are set to expire on March 15, 2020.

Highlights:

• Reauthorizes the USA PATRIOT Improvement and Reauthorization Act of 2005 until December 1, 2023 (Sec. 407).

• Reauthorizes the Intelligence Reform and Terrorism Prevention Act of 2004 until December 1, 2023 (Sec. 407).

• Increases the penalty for the misuse of FISA from 5 to 8 years of imprisonment (Sec. 205).

• Requires the government to adopt minimization procedures for a call detail record application (Sec. 101).

• Requires the prompt destruction of all call detail records produced that the government determines are not foreign intelligence information (Sec. 101).

• Requires the above-mentioned minimization procedures to ensure that tangible things received, and information therein, may not be retained for longer than 5 years, unless (Sec. 104):

• It has been determined to constitute foreign intelligence or counterintelligence, or to be necessary to understand or assess foreign intelligence or counterintelligence; 

• It is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency; 

• It is enciphered or reasonably believed to have secret meaning; 

• Retention is necessary to protect an imminent threat to human life; 

• Retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to the tangible thing or information retained must be reported to Congress; and

• Retention for a period longer than 5 years is approved by the Director of the Federal Bureau of Investigation (FBI), based on a determination that retention is necessary to protect the national security of the United States, in which case the Director must provide a written certification to Congress describing: 

• The reasons extended retention is necessary to protect US national security; 

• The duration for which the FBI Director is authorizing retention; 

• Generally the tangible things or information to be retained; and

• The measures the FBI Director is taking to protect the privacy interests of persons located inside the US. 

• Prohibits a call detail record application to seek an order authorizing or requiring the production of cell site location or global positioning system information (Sec. 102).

• Authorizes the Attorney General to treat the production of cell site location or global positioning system information as electronic surveillance rather than business records for purposes of authorizing the emergency production of such information pursuant of FISA (Sec. 102).

• Authorizes an individual to serve as an amicus curiae for a 5-year term, and the presiding judges may, for good cause, jointly reappoint the individual to a single additional term (Sec. 302).

• Requires the appointment of an individual who has been designated to serve as amicus curiae to assist a court in consideration of any application for an order or review that, in the opinion of the court (Sec. 302):

• Presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate; or

• Presents exceptional concerns about the protection of the rights of a US person under the 1st Amendment, unless the court issues a finding that such an appointment is not appropriate. 

• Specifies that a person is guilty of an offense if they are an employee, officer, or contractor of the US government and intentionally disclose an application, or classified information contained therein, for an order under any portion of this bill to any person not entitled to receive classified information (Sec. 205). 

Full Bill Text

Full Bill Text