Safeguarding Americans' Private Records Act of 2020

2/8/2022, 11:14 PM

Safeguarding Americans' Private Records Act of 2020

This bill imposes limitations on investigative powers provided under the Foreign Intelligence Surveillance Act of 1978 (FISA), reauthorizes certain FISA programs, and makes related changes.

Provisions include

  • reauthorizing to December 15, 2023, FISA authority to obtain business records, but also repealing the power to use such authority to obtain records on an ongoing basis;
  • excluding certain data, such as cell phone location, from FISA authority to access business records;
  • establishing that nonpublic information collected under FISA authority may not be retained for more than three years unless the information includes foreign intelligence information;
  • disallowing the use of FISA-collected business records for criminal, civil, or administrative proceedings except in certain instances, such as cases involving a specific cybersecurity threat from a foreign country;
  • requiring a government entity to notify a targeted person that the entity intends to use in court business records collected under FISA;
  • excluding cell site location and global positioning system information from FISA authority for using a pen register or trap and trace device to collect evidence;
  • reauthorizing to December 15, 2023, the power to treat individual terrorists as foreign agents;
  • expanding the powers of FISA court amicus curiae (outside parties appointed to assist in a case), such as by authorizing the amicus to refer a FISA court decision to the FISA Court of Review; and
  • repealing the government's authority to use National Security Letters to obtain financial or communications records without a court order.
Congress
116

Number
HR - 5675

Introduced on
2020-01-24

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

1/24/2020

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Safeguarding Americans' Private Records Act of 2020

This bill imposes limitations on investigative powers provided under the Foreign Intelligence Surveillance Act of 1978 (FISA), reauthorizes certain FISA programs, and makes related changes.

Provisions include

  • reauthorizing to December 15, 2023, FISA authority to obtain business records, but also repealing the power to use such authority to obtain records on an ongoing basis;
  • excluding certain data, such as cell phone location, from FISA authority to access business records;
  • establishing that nonpublic information collected under FISA authority may not be retained for more than three years unless the information includes foreign intelligence information;
  • disallowing the use of FISA-collected business records for criminal, civil, or administrative proceedings except in certain instances, such as cases involving a specific cybersecurity threat from a foreign country;
  • requiring a government entity to notify a targeted person that the entity intends to use in court business records collected under FISA;
  • excluding cell site location and global positioning system information from FISA authority for using a pen register or trap and trace device to collect evidence;
  • reauthorizing to December 15, 2023, the power to treat individual terrorists as foreign agents;
  • expanding the powers of FISA court amicus curiae (outside parties appointed to assist in a case), such as by authorizing the amicus to refer a FISA court decision to the FISA Court of Review; and
  • repealing the government's authority to use National Security Letters to obtain financial or communications records without a court order.
Alternative Names
Official Title as IntroducedTo amend the Foreign Intelligence Surveillance Act of 1978 to protect privacy rights, and for other purposes.

Policy Areas
Armed Forces and National Security

Potential Impact
Business records
Congressional oversight
Criminal investigation, prosecution, interrogation
Employment discrimination and employee rights
Evidence and witnesses
First Amendment rights
Geography and mapping
Government studies and investigations
Intelligence activities, surveillance, classified information
Internet and video services
Internet, web applications, social media
Judges
Judicial procedure and administration
Judicial review and appeals
Privacy and Civil Liberties Oversight Board
Racial and ethnic relations
Right of privacy
Specialized courts
Supreme Court
Telephone and wireless communication
Terrorism

Comments

Recent Activity

Latest Summary10/16/2020

Safeguarding Americans' Private Records Act of 2020

This bill imposes limitations on investigative powers provided under the Foreign Intelligence Surveillance Act of 1978 (FISA), reauthorizes certain FISA programs, and makes related...


Latest Action1/30/2020
Referred to the Subcommittee on Oversight, Management, and Accountability.