United States 116th Congress Status: Died 1 D cosponsors

HR 6172 — USA FREEDOM Reauthorization Act of 2020

Last action — Message on House action received in Senate and at desk: House requests a conference.

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  1. ✓
    Introduced
  2. Died in session

This bill died with 116th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

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Read HR 6172 on the official United States source →

Action History

  1. Message on House action received in Senate and at desk: House requests a conference.

  2. The Speaker appointed conferees: Nadler, Schiff, Lofgren, Jordan, and Nunes.

  3. 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).

  4. 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.

  5. Mr. Nadler moved that the House disagree to the Senate amendments, and request a conference. (consideration: CR H2340-2346; text: CR H2340-2342)

  6. Message on Senate action sent to the House.

  7. 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.

  8. 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.

  9. 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.

  10. Considered by Senate. (consideration: CR S2432-2441)

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. Measure laid before Senate by unanimous consent. (consideration: CR S2388, S2396-2400, S2409-2412, S2414)

  16. Cloture motion on the motion to proceed to the measure withdrawn by unanimous consent in Senate. (CR S1753)

  17. Motion to proceed to measure considered in Senate. (CR S1748)

  18. Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1735)

  19. Motion to proceed to consideration of measure made in Senate. (CR S1735)

  20. Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 440.

  21. Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  22. Motion to reconsider laid on the table Agreed to without objection.

  23. H.Amdt.814 On agreeing to the Buck amendment (A002) Failed by recorded vote: 35 - 376 (Roll no. 99).

  24. H.Amdt.814 Amendment (A002) offered by Mr. Buck. (consideration: CR H1637; text: CR H1637)

  25. Motion to reconsider laid on the table Agreed to without objection.

  26. On passage Passed by the Yeas and Nays: 278 - 136 (Roll no. 98). (text: CR H1622-1627)

  27. The previous question was ordered pursuant to the rule.

  28. DEBATE - The House resumed with debate on H.R. 6172.

  29. DEBATE - The House proceeded with one hour of debate on H.R. 6172.

  30. 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.

  31. Considered under the provisions of rule H. Res. 891. (consideration: CR H1622-1637)

  32. Rule H. Res. 891 passed House.

  33. 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.

  34. 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.

  35. 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.

  36. 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.

  37. 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.

  38. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Armed forces and national security Accounting and auditing Administrative law and regulatory procedures 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 Evidence and witnesses Executive agency funding and structure Federal officials First Amendment rights Fraud offenses and financial crimes 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 review and appeals Privacy and Civil Liberties Oversight Board Right of privacy Specialized courts Telephone and wireless communication Employee performance Geography and mapping Judicial procedure and administration Racial and ethnic relations Religion Sex, gender, sexual orientation discrimination Supreme Court
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Frequently asked questions

What does HR 6172 do?
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.
Who sponsors HR 6172?
HR 6172 is sponsored by Jerrold Nadler (D).
What is the current status of HR 6172?
This bill died with 116th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 6172?
Track HR 6172 free on One Click Politics — get push/email alerts when it moves.

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