FISA Section 702 Reauthorization Resource Page

Last month, Congress extended the Dec. 31 deadline to reauthorize Section 702 of the FISA Amendments Act until Jan. 19. With 10 days to go and an expected flurry of legislative activity before a final bill passes and is signed, Lawfare will be collating relevant documents, including draft bills and amendments, on this resource page. This list will not be exhaustive, and if you have any questions, email Matthew Kahn. Stay tuned, folks.

FISA Amendments Reauthorization Act

• Jan. 5 bill text (Considered as S. 139, Proposed by Rep. Nunes [R.-Calif.], Passed by floor vote on Jan. 11)

Amendments not adopted

• Amendment in the form of a substitute (Proposed by Rep. Justin Amash [R-Mich.], not adopted by floor)
• Amendment to require a warrant to view U.S. person information (Proposed by Rep. Phil Roe [R-Tenn.])
• Amendment to require a warrant to view U.S. person information and end "about" collection (Proposed by Rep. Ted Poe [R-Texas])
• Amendment imposing requirements for querying 702 data for U.S. person information (Proposed by Rep. Davidson [R-Ohio])
• Amendment requiring the Director of National Intelligence to report annually to Congress any disciplinary actions related to mishandling information collected under Section 702 authorities (Proposed by Rep. Davidson [R-Ohio])
• Amendment requiring the FBI to report on the number of queries made on 702 databases targeting U.S. persons (Proposed by Rep. Davidson [R-Ohio])
• Amendment prohibiting the collection of communications between two individuals that are not targets (Proposed by Rep. Davidson [R-Ohio])
• Amendment preventing the government from engaging in "reverse targeting" by requiring a warrant when the significant purpose of surveillance is collection communications of someone in the United States (Proposed by Rep. Davidson [R-Ohio])
• Amendment limiting the use of 702 information as evidence in criminal prosecutions against U.S. persons to cases involving national security or enumerated crimes (Proposed by Rep. Farenthold [R-Texas])
• Amendment imposing a limitation on “about” collection, if resumed (Proposed by Rep. Himes [D-Conn.])
• Amendment requiring the Privacy and Civil Liberties Oversight Board to submit additional reports (Proposed by Rep. Gomez [D-Calif.])

Executive Branch Documents

• OMB Statement of Administrative Policy: Announces support for the FISA Amendments Reauthorization Act (Jan. 9)
• White House Presidential Memorandum on Unmasking (Jan. 9)
• Statement from Press Secretary: Indicates administration opposition to Amash amendment (Jan. 10)
• Statement from Director of National Intelligence on House passage of S.139 (Jan. 11)
• Statement from Attorney General on Senate passage of S.139 (Jan. 14)

Congressional Statements

• Rep. Cole (R-Okla.) statement on House passage of S.139 (Jan. 11)
• Rep. Gosar (R-Ariz.) Statement on voting against S.139 (Jan. 12)
• Rep. Hill (R-Ark.) statement on House passage of S.139 (Jan. 11)
• Rep. King (R-Iowa) statement on House passage of S.139 (Jan. 11)
• Rep. Smucker (R-Penn.) statement on House passage of S.139 (Jan. 11)
• Rep. Ruppersberger (R-Md.) statement voting for S.139 (Jan. 12)
• Sen. Paul (R-Ky.) statement on House Passage of S.139 (Jan. 12)
• Sens. Leahy (I-Vt.) and Lee (R-Utah) joint statement statement on House passage of S.139 (Jan. 11)
• Sen. Wyden (D-Ore.) statement on House passage of S.139 (Jan. 11)
• Letter opposing S.139 from Sens. Paul (R-Ky.), Wyden (D-Ore.), Lee (R-Utah), and Leahy (D-Vt.) (Jan. 14)
• Sen. McConnell (R-Ky.) statement on Senate's consideration of S.139 (Jan. 14)
• Sen. Grassley (R-Iowa) statement on Senate passage of S.139 (Jan. 18)

This post was last updated at 4:39 p.m. EST on Jan. 18.