Summary of Amendments Submitted to the Rules Committee for S. 139 - Rapid DNA Act of 2017 [FISA Amendments Reauthorization Act of 2017]

Summaries Derived from Information Provided by Sponsors

Listed in Alphabetical Order

January 9, 2017 10:31 AM

Click on sponsor for amendment text

Amash (MI), Lofgren (CA), Poe (TX), Polis (CO), Meadows (NC), Gabbard (HI), Jones (NC), Rohrabacher (CA), Massie (KY), Biggs (AZ), Davidson (OH), Sanford (SC), Pearce (NM), Perry (PA), Mooney (WV), Gosar (AZ), Schweikert (AZ), Gohmert (TX), Yoho (FL), Barton (TX), Brat (VA), Doggett (TX), Blum (IA), Garrett (VA), Griffith (VA), Jordan (OH), Labrador (ID), Blumenauer (OR), Khanna (CA), O'Rourke (TX), Ellison (MN), Rokita (IN), Farenthold (TX)

#1

SUBSTITUTE Replaces the text of S. 139 with the text of the USA RIGHTS Act, to protect Americans’ Fourth Amendment rights.

Davidson (OH)

#4

Prohibits U.S. government employees from querying information gathered under Section 702 for communications of or about a U.S. person or person inside the U.S. unless the Government.

Davidson (OH)

#5

Requires the Director of National Intelligence to submit an annual report to Congress on any disciplinary actions taken against an employee of the United States Government relating to mishandling information acquired under section 702 of the Foreign Intelligence Surveillance Act

Davidson (OH)

#6

Requires that the FBI report on the number of its U.S. person queries of Section 702, a requirement that already applies to the CIA and NSA.

Davidson (OH)

#7

Prohibits by law the currently-ceased NSA practice of collecting communications between individuals who are themselves not targets.

Davidson (OH)

#8

Prevents the Government from engaging in the “reverse targeting” of Americans by requiring a warrant whenever a significant purpose of the targeting of foreign persons is to collect the communications of someone in the United States.

Farenthold (TX)

#9

Establishes that, for the purposes of introducing information acquired under section 702 into evidence in a criminal proceeding against a U.S. person, the Attorney General’s determination that the proceeding involves the national security of the United States, death, kidnapping, etc., shall be subject to judicial review. Requires the Attorney General to produce written documentation of such determinations, and to submit to Congress each year a report including the number of determinations made.

Gomez, Jimmy (CA)

#12

Requires a report from the Privacy and Civil Liberties Oversight Board on: (1) how privacy and civil liberties are affected by Section 702; (2), whether race, religion, political affiliation, or activities protected by the First Amendment impact or play a role targeting or querying decisions made pursuant to Section 702, and (3) whether Section 702 surveillance has disparate impact on specific communities, including racial, religious, or ethnic minorities and journalists.

Himes (CT)

#10

Clarifies the issue that if "about" collection were resumed it would be limited to upstream collection. Provides a definition of upstream collection.

Himes (CT)

#11

Requires the FBI to apply for a court order and meet a reasonable, articulable suspicion (RAS) standard before accessing the results of queries that are not related to the national security of the United States or do not require a probable cause warrant related to a predicated criminal investigation.

Poe (TX), Lofgren (CA), Nadler (NY), Farenthold (TX), Polis (CO), Gomez, Jimmy (CA), Jayapal (WA), Gabbard (HI)

#3

REVISED Mandates a warrant requirement for a search of the 702 database on a US person. It also ends “about” collection.

Roe (TN)

#2

States that any information of a known United States person may not be accessed unless pursuant to a warrant of a district court of the United States.