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US HR5675

US HR5675
Safeguarding Americans' Private Records Act of 2020


summary

Introduced
01/24/2020
In Committee
01/30/2020
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

116th Congress

Bill Summary

To amend the Foreign Intelligence Surveillance Act of 1978 to protect privacy rights, and for other purposes. 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.

AI Summary

This bill, the Safeguarding Americans' Private Records Act of 2020, proposes to amend the Foreign Intelligence Surveillance Act of 1978 to impose limitations on investigative powers, reauthorize certain FISA programs, and make related changes. Key provisions include repealing the authority to access business records on an ongoing basis, excluding certain sensitive information like cell phone location and internet browsing history from FISA business record requests, requiring stronger justification for non-disclosure requirements, limiting retention of non-public information, expanding the role of FISA Court amici curiae, and repealing the government's authority to use National Security Letters to obtain financial or communications records without a court order. The bill also includes provisions to reform the FISA Court and Privacy and Civil Liberties Oversight Board, and to make FISA the exclusive means of collecting certain communications-related information for intelligence purposes.

Committee Categories

Government Affairs, Justice

Sponsors (10)

Last Action

Referred to the Subcommittee on Oversight, Management, and Accountability. (on 01/30/2020)

bill text


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