/  H.R. 3361—USA FREEDOM Act

H.R. 3361 - USA FREEDOM Act

Bill Text

  • Text of H.R. 3361 PDF XML

    USA FREEDOM Act (as reported)

  • H. Rept. 113-452 Part 1 PDF

    Report from the Committee on the Judiciary

  • H. Rept. 113-452 Part 2 PDF

    Report from the Permanent Select Committee on Intelligence

Rule Information

COMMITTEE ACTION:
REPORTED BY VOICE VOTE on Tuesday, May 20, 2014.

FLOOR ACTION ON H. RES. 590 
Agreed to by record vote of 231-190 on Wednesday, May 21, 2014.

MANAGERS: Nugent/Polis

1. Provides for further consideration of H.R. 4435 under a structured rule.

2. Provides no additional general debate.

3. Makes in order only those further amendments printed in part A of the Rules Committee report and amendments en bloc described in section 3 of the rule. Provides that the amendments printed in part A of the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

4. Waives all points of order against the amendments printed in part A of the report or against amendments en bloc as described in section 3 of the rule.

5. Section 3 of the rule provides that it shall be in order at any time for the chair of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in part A of the report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

6. Provides one motion to recommit with or without instructions.

7. Closed rule for H.R. 3361.

8. Provides one hour of debate with 40 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary and 20 minutes equally divided and controlled by the chair and ranking minority member of the Permanent Select Committee on Intelligence.

9. Waives all points of order against consideration of the bill.

10. Provides that the amendment in the nature of a substitute printed in part B of the report shall be considered as adopted and the bill, as amended, shall be considered as read.

11. Waives all points of order against provisions in the bill, as amended.

12. Provides one motion to recommit with or without instructions.

13. Section 6 of the rule provides that the Committee on Appropriations may, at any time before 5 p.m. on Tuesday, May 27, 2014, file privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2015.

Amendments

#Version #Sponsor(s)PartySummaryStatus
18Version 1Amash (MI)RepublicanProvides protection against reprisal to government employees and contractors for communicating with the Inspector General in the course of the audit mandated in Sec. 108.Submitted
2Version 1Carney (DE)DemocratExpands reporting requirements of NSA programs to the House and Senate Armed Services Committees, as well as the House Foreign Affairs and Senate Foreign Relations Committee. Submitted
3Version 1Carney (DE)DemocratRequires the GAO to produce an annual report analyzing the effectiveness of NSA programs for the preceding fiscal year. This annual report would include the following information: statistics from the Foreign Intelligence Surveillance Court detailing the number of times the NSA applied for warrants, the number of times they received those warrants, any violations the NSA committed of U.S. surveillance laws, a description of actions taken in response to these violations, and a description of the minimization procedures the NSA used to ensure Americans’ privacy when carrying out each provision.Submitted
5Version 1DelBene (WA), Carney (DE), Lofgren (CA)DemocratAdds government transparency reporting requirements that would provide the public with information about the total number of requests under specific authorities, and the number of individuals affected by each.Submitted
7Version 1DelBene (WA), Lofgren (CA)DemocratRestores the compromise reached during the Judiciary Committee mark-up on transparency and public reporting, by striking a provision that would require a 2-year delay on any government request received with respect to a new platform , product, or service. Submitted
8Version 1DelBene (WA), Lofgren (CA)DemocratRestores the compromise reached during the Judiciary Committee mark-up on transparency and public reporting, by preserving the ability to provide the # of customer accounts affected under Title VII orders in bands of 1000. Submitted
6Version 1Gohmert (TX)RepublicanClarifies that the authority to carry out an investigation to protect against clandestine intelligence activities under the FISA Business Records statute, the FISA Pen Register and Trap and Trace Device statute, and the National Security Letter statute are confined to clandestine intelligence activities conducted by a foreign power or an agent of a foreign power. Submitted
19Version 1Holt (NJ)DemocratModernizes and strengthen whistleblower protections for Intelligence Community employees and contractors.Submitted
20Version 1Holt (NJ)DemocratProhibits the federal government from forcing manufacturers of electronics and software from building in “backdoors” that bypass the encryption or privacy technology of such device or software.Submitted
4Version 1King, Steve (IA)RepublicanAllows intelligence agencies to negotiate and contract with telephone companies (private entities) to store call detail records that may be of national security value. Submitted
9Version 1Lofgren (CA)DemocratStates that the certification requirements under 702 were changed in the 2008 FISA Amendment from requiring that a primary purpose of the acquisition be for obtaining foreign intelligence to merely requiring obtaining foreign intelligence to be a “significant purpose”Submitted
10Version 1Lofgren (CA)DemocratClarifies that the government can only use selectors to collect communications to or from the target of an authorized investigation. Submitted
11Version 1Lofgren (CA)DemocratFixes the definition of foreign intelligence information by removing "foreign affairs" from the definition of “foreign intelligence information” to ensure that the foreign intelligence gathered under FISA and/or for 702 in particular is only for counterterrorism, proliferation of WMDs, or to protect armed forces. Submitted
12Version 1Lofgren (CA)DemocratPrevents the FBI, Attorney General, or the Director of National Intelligence (or any agency at their request) from mandating that a device manufacturer, software developer, or standards organization build in a backdoor to circumvent the encryption or privacy protections of its products.Submitted
13Version 1Lofgren (CA)DemocratClarifies that probable cause is needed to search the 702 database for communications of US persons, consistent with the rest of Title VII and the Fourth Amendment.Submitted
14Version 1Lofgren (CA)DemocratRequires that before the government can obtain telephone metadata, it must show probable cause that the information obtained is for an intelligence operation not involving a US person or relevant to an ongoing investigation to protect against terrorism. Submitted
15Version 1Lofgren (CA)DemocratRequires that before the government can obtain telephone metadata using pen registers or trap and trace devices, it must show probable cause that the information obtained is for an intelligence operation not involving a US person or relevant to an ongoing investigation to protect against terrorism. Submitted
16Version 1Lofgren (CA)DemocratClarifies that business records do not include the content of communications.Submitted
17Version 1Lofgren (CA), DelBene (WA)DemocratLowers the reporting bands to 100, and allow for the reporting of account affected for all orders.Submitted
1Version 1Sensenbrenner (WI), Goodlatte (VA), Conyers (MI), Nadler (NY), Scott, Bobby (VA), Forbes (VA)Bi-PartisanSUBSTITUTE Ends bulk collection on Americans’ records while still protecting national security. Puts real, effective limits on what information the Government can gather. Creates more transparency and gives more information to the American people. Section-by-Section Summary of the Amendment as provided by the Committee on the JudiciaryConsidered as Adopted