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Main Subject: Armed Forces and National Security

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.

HR1942-116, S936-116, HR5675-116,

Categories

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 Criminal investigation prosecution interrogation Intelligence activities surveillance classified information Internet web applications social media Armed Forces and National Security

Senate Actions

IntroReferral
Jan. 28 2020	Read twice and referred to the Committee on the Judiciary.

Library of Congress Actions

IntroReferral
Jan. 28 2020	Introduced in Senate

Senate bill S3242-116

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

Senate bill S3242-116

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

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