FISA Amendments Reauthorization Act of 2017
Public Law 115-118 · S. 139 · 115th Congress · began in the Senate
Signed by Donald Trump (R) on Jan 19, 2018 · Armed Forces and National Security
Sponsor: Sen. Orrin Hatch (R-UT)
Cosponsors (12): Sen. Dianne Feinstein, Sen. John Cornyn,
Passage votesYeaNay
- HouseRecorded vote: 256 yea, 164 nay256–164
- SenateRecorded vote: 65 yea, 34 nay65–34
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
FISA Amendments Reauthorization Act of 2017
TITLE I--ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLECTION AND SAFEGUARDS, ACCOUNTABILITY, AND OVERSIGHT
(Sec. 101) This bill directs the Department of Justice (DOJ) to adopt querying procedures consistent with the requirements of the Fourth Amendment to the Constitution for information collected pursuant to an authorization under the Foreign Intelligence Surveillance Act (FISA) provisions for targeting non-U.S. persons outside the United States. Such procedures shall include a technical procedure whereby a record is kept of each U.S. person query term used for a query. The querying procedures shall be subject to judicial review.
A court order is generally required for review by the Federal Bureau of Investigation (FBI) of query results in criminal investigations unrelated to national security, except where the FBI determines there is a reasonable belief that such contents could assist in mitigating or eliminating a threat to life or serious bodily harm.
(Sec. 102) Any information concerning a U.S. person acquired under querying provisions may not be used in evidence against that person in any criminal proceeding unless the FBI obtained an order of the FISA Court to access such information or DOJ determines that the criminal proceeding: (1) affects, involves, or is related to U.S. national security, or (2) involves death, kidnapping, serious bodily injury, conduct that constitutes a criminal offense that is a specified offense against a minor, incapacitation or destruction of critical infrastructure, cybersecurity, transnational crime, or human trafficking. Such determination is not subject to judicial review.
Reporting by the Office of the Director of National Intelligence (ODNI) is expanded.
(Sec. 103) If DOJ and the ODNI intend to implement the authorization of the intentional acquisition of abouts communications, they shall first submit to specified congressional committees a written notice of intent to do so. "Abouts communication" means a communication that contains a reference to, but is not to or from, a target of an acquisition authorized under the FISA.
Such committees shall hold hearings and briefings and otherwise obtain information in order to fully review the written notice. The bill makes an exception for emergency acquisition of abouts communication.
Each element of the intelligence community involved in the acquisition of abouts communications shall fully and currently inform the committees of a material breach.
(Sec. 104) The ODNI shall: (1) conduct a declassification review of any minimization procedures adopted or amended; and (2) consistent with such review, make such minimization procedures publicly available to the greatest extent practicable.
(Sec. 105) If DOJ authorized the emergency employment of electronic surveillance or a physical search, DOJ may authorize, for the effective period of the emergency authorization and subsequent order, without a separate order, the targeting of a U.S. person subject to such emergency employment for the purpose of acquiring foreign intelligence information while such U.S. person is reasonably believed to be located outside the United States.
(Sec. 106) The bill provides for compensation of an amicus curiae (i.e., friend of the court who is not a party to a case and who assists the court by offering information, expertise, or insight that has a bearing on the issues in the case).
(Sec. 107) The bill expands FISA reporting requirements to require reporting of: (1) the total number of persons subject to electronic surveillance conducted under an order or emergency authorization, including the number of such individuals who are U.S. persons; and (2) a good faith estimate of the total number of subjects who were targeted by the installation and use of a pen register or trap and trace device under an order or emergency authorization.
(Sec. 108) The Privacy and Civil Liberties Oversight Board may meet or otherwise communicate in any number to confer or deliberate in a manner that is closed to the public.
If the position of chairman of the board is vacant, the board, at the direction of the unanimous vote of the serving member of the board, may exercise the authority of the chairman.
(Sec. 109) The National Security Agency and the FBI shall each designate at least one senior officer to serve as the principal advisor to carry out specified privacy and civil liberties-related functions.
(Sec. 110) The bill extends whistle-blower protections to contractor employees of the intelligence community and the FBI.
(Sec. 111) DOJ shall brief specified congressional committees on how it interprets FISA requirements to notify an aggrieved person of the use of information obtained or derived from electronic surveillance, physical search, or the use of a pen register or trap and trace device.
(Sec. 112) The Inspector General of DOJ shall report to specified congressional committees on queries conducted by the FBI.
TITLE II--EXTENSION OF AUTHORITIES, INCREASED PENALTIES, REPORTS, AND OTHER MATTERS
(Sec. 201) The bill reauthorizes title VII of the FISA until December 31, 2023.
(Sec. 202) The penalty for the unauthorized removal and retention of classified documents or material is increased from one to five years.
(Sec. 203) DOJ must report to specified congressional committees on current and future challenges to the effectiveness of U.S. foreign intelligence surveillance activities authorized under the FISA.
(Sec. 204) The Government Accountability Office shall study the U.S. classification system and the methods by which the intelligence community protects classified information.
(Sec. 205) The bill makes technical amendments to the FISA and authorizes referral of the denial of certain applications to a court of review.
Who voted for it
Every senator of the 115th Congress on the ideology compass. Highlighted: the 65 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.
65 yea34 nay1 present or did not vote
Democrats who voted yea(22)
Sen. Tammy DuckworthD-IL
Sen. Catherine Cortez MastoD-NV
Sen. Chuck SchumerD-NY
Sen. Debbie StabenowD-MI
Sen. Sheldon WhitehouseD-RI
Sen. Dianne FeinsteinD-CA
Sen. Bob CaseyD-PA
Sen. Jack ReedD-RI
Sen. Amy KlobucharD-MN
Sen. Gary PetersD-MI
Sen. Maggie HassanD-NH
Sen. Tim KaineD-VA
Sen. Jeanne ShaheenD-NH
Sen. Bill NelsonD-FL
Sen. Thomas CarperD-DE
Sen. Mark WarnerD-VA
Sen. Claire McCaskillD-MO
Sen. Angus KingD-ME
Sen. Joe DonnellyD-IN
Sen. Doug JonesD-AL
Sen. Heidi HeitkampD-ND
Sen. Joe ManchinD-WV
Republicans who voted yea(43)
Sen. Susan CollinsR-ME
Sen. Rob PortmanR-OH
Sen. Lamar AlexanderR-TN
Sen. Pat RobertsR-KS
Sen. Orrin HatchR-UT
Sen. Johnny IsaksonR-GA
Sen. Lindsey GrahamR-SC
Sen. Shelley CapitoR-WV
Sen. Roy BluntR-MO
Sen. Todd YoungR-IN
Sen. Thad CochranR-MS
Sen. John HoevenR-ND
Sen. John BoozmanR-AR
Sen. Mitch McConnellR-KY
Sen. Richard ShelbyR-AL
Sen. Thom TillisR-NC
Sen. Mike RoundsR-SD
Sen. Roger WickerR-MS
Sen. John CornynR-TX
Sen. Bill CassidyR-LA
Sen. Richard BurrR-NC
Sen. Deb FischerR-NE
Sen. Chuck GrassleyR-IA
Sen. John ThuneR-SD
Sen. Jerry MoranR-KS
Sen. John KennedyR-LA
Sen. Bob CorkerR-TN
Sen. David PerdueR-GA
Sen. Joni ErnstR-IA
Sen. Tim ScottR-SC
Sen. Marco RubioR-FL
Sen. Jim InhofeR-OK
Sen. Tom CottonR-AR
Sen. Mike CrapoR-ID
Sen. Michael EnziR-WY
Sen. John BarrassoR-WY
Sen. Ron JohnsonR-WI
Sen. Ted CruzR-TX
Sen. James LankfordR-OK
Sen. James RischR-ID
Sen. Pat ToomeyR-PA
Sen. Ben SasseR-NE
Sen. Jeff FlakeR-AZ
Data notes
The Senate’s recorded vote on the final version of the law (roll call 337 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
4 bills the Library of Congress relates to this one.
H.Con.Res. 98Procedurally-relatedRelated bill
Directing the Secretary of the Senate to make a correction in the enrollment of the bill S. 139.
H.R. 510 · became Public Law 115-50Identical billRelated bill
Rapid DNA Act of 2017
H.R. 4478Related bill
FISA Amendments Reauthorization Act of 2017
H.Res. 682Procedurally-related
Providing for consideration of the bill (S. 139) to implement the use of Rapid DNA instruments to inform decisions about pretrial release or detention and their conditions, to solve and prevent violent crimes and other …
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 44 actions.
- Jan 19, 2018Became lawBecame law · Became Public Law No: 115-118.
- Became lawBecame law · Signed by President.
- FloorFloor · Presented to President.
- Jan 18, 2018Resolving differencesResolving differences · Senate agreed to the House amendment to S. 139 by Yea-Nay Vote. 65 - 34. Record Vote Number: 12.Senate roll call 12
- FloorFloor · Message on Senate action sent to the House.
- FloorFloor · Considered by Senate (Message from the House considered).
- OtherOther · Resolving differences -- Senate actions: Senate agreed to the House amendment to S. 139 by Yea-Nay Vote. 65 - 34. Record Vote Number: 12.Senate roll call 12
- Jan 17, 2018FloorFloor · Considered by Senate (Message from the House considered).
- Jan 16, 2018FloorFloor · Motion by Senator McConnell to refer to Senate Committee on the Judiciary the House message to accompany S. 139 with instructions to report back forthwith with the following amendment (SA 1872) fell when cloture was invoked on the motion to concur in the House amendment to S. 13…
- FloorFloor · Cloture on the motion to concur in the House amendment to S. 139 invoked in Senate by Yea-Nay Vote. 60 - 38. Record Vote Number: 11.Senate roll call 11
- FloorFloor · Considered by Senate (Message from the House considered).
- Jan 11, 2018FloorFloor · Motion by Senator McConnell to refer to Senate Committee on the Judiciary the House message to accompany S. 139 with instructions to report back forthwith with the following amendment (SA1872) made in Senate.
- FloorFloor · Motion by Senator McConnell to concur in the House amendment to S. 139 with an amendment (SA 1870) made in Senate.
- FloorFloor · Cloture motion on the motion to concur in the House amendment to S. 139 presented in Senate. (CR S153)
- FloorFloor · Pursuant to the provisions of H. Con. Res. 98, enrollment corrections on S. 139 have been made.
- FloorFloor · Motion by Senator McConnell to concur in the House amendment to S. 139 made in Senate.
- FloorFloor · Measure laid before Senate by motion.
- FloorFloor · Motion to proceed to consideration of the House message to accompany S. 139 agreed to in Senate by Yea-Nay Vote. 68 - 27. Record Vote Number: 10.Senate roll call 10
- FloorFloor · Message on House action received in Senate and at desk: House amendment to Senate bill.
- FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On passage Passed by the Yeas and Nays: 256 - 164 (Roll no. 16).House roll call 16
- FloorFloor · On motion to commit with instructions Failed by recorded vote: 189 - 227 (Roll no. 15).House roll call 15
- FloorFloor · The previous question on the motion to commit with instructions was ordered without objection.
- FloorFloor · DEBATE - The House proceeded with 10 minutes of debate on the Himes motion to commit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to strengthen the provisions related to obtaining warrants to query inform…
- FloorFloor · Mr. Himes moved to commit with instructions to the Committee on Intelligence (Permanent Select).
- FloorFloor · The previous question was ordered without objection.
- FloorFloor · DEBATE - Pursuant to the provisions of H.Res. 682, the House proceeded with 20 minutes of debate on the Amash substitute amendment No. 1.
- FloorFloor · DEBATE - The House resumed with debate on S. 139.
- FloorFloor · DEBATE - The House proceeded with one hour of debate on S. 139.
- FloorFloor · Previous question shall be considered as ordered without intervening motions except motion to commit with or without instructions. An amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-53 shall be considered as adopted. The further amendm…
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
35 amendments offered to the bill, with the last recorded step of each.
- Rejected
H.Amdt. 510HouseRep. Justin AmashR-MI-3· offered Jan 11, 2018Rejected
Amendment sought to replace the text of S. 139 with the text of H.R. 4124, the USA RIGHTS Act.
Jan 11, 2018: On agreeing to the Amash amendment (A002) Failed by the Yeas and Nays: 183 - 233 (Roll no. 14).
- Offered, no vote recorded
H.Amdt. 509HouseRules Committee· offered Jan 11, 2018No vote recorded
Pursuant to the provisions of H.Res. 682, an amendment in the nature of a substitute consisting of the text of rules Committee print 115-53 is considered as adopted.
Jan 11, 2018: House amendment offered
- Offered, no vote recorded
S.Amdt. 1902SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1901SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1900SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1899SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1898SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1897SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1896SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1895SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1894SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1893SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1892SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1891SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1890SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1889SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1888SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1887SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1886SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1885SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1884SenateSen. Ron WydenD-OR· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1883SenateSen. Rand PaulR-KY· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1882SenateSen. Rand PaulR-KY· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1881SenateSen. Rand PaulR-KY· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1880SenateSen. Rand PaulR-KY· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1879SenateSen. Rand PaulR-KY· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1878SenateSen. Dianne FeinsteinD-CA· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1877SenateSen. Mike LeeR-UT· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1876SenateSen. Mike LeeR-UT· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Offered, no vote recorded
S.Amdt. 1875SenateSen. Mike LeeR-UT· offered Jan 16, 2018No vote recorded
Jan 16, 2018: Senate amendment submitted
- Fell
S.Amdt. 1874SenateSen. Mitch McConnellR-KY· offered Jan 11, 2018Fell
Of a perfecting nature.
Jan 16, 2018: SA 1874 fell when SA 1873 fell.
- Fell
S.Amdt. 1873SenateSen. Mitch McConnellR-KY· offered Jan 11, 2018Fell
Of a perfecting nature.
Jan 16, 2018: SA 1873 fell when SA 1872 fell.
- Fell
S.Amdt. 1872SenateSen. Mitch McConnellR-KY· offered Jan 11, 2018Fell
Of a perfecting nature.
Jan 16, 2018: SA 1872 (the instructions of the motion to refer) fell when cloture invoked on the motion to concur in the House amendment to S. 139.
- Fell
S.Amdt. 1871SenateSen. Mitch McConnellR-KY· offered Jan 11, 2018Fell
Of a perfecting nature.
Jan 18, 2018: SA 1871 fell when the motion to concur in the House amendment to S. 139 with an amendment (SA 1870) tabled.
- Agreed to
S.Amdt. 1870SenateSen. Mitch McConnellR-KY· offered Jan 11, 2018Agreed to
To change the enactment date.
Jan 18, 2018: Motion to table the motion to concur in the House amendment to S. 139 with an amendment (SA 1870) agreed to in Senate by Voice Vote.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.































































































































































































































































