USA FREEDOM Reauthorization Act of 2020
This bill 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.
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 a (1) U.S. person, or (2) 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).
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.
Each agency that submits applications to the FISA court shall appoint an officer responsible for compliance with FISA requirements.