USA Freedom Act

USA Freedom Act
Great Seal of the United States
Other short titlesUniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015
Long titleAn Act To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.
Acronyms (colloquial)USA FREEDOM Act
NicknamesFreedom Act
Enacted bythe 114th United States Congress
Citations
Public law114-23
Statutes at Large129 Stat. 268 (2015)
Codification
Acts amendedForeign Intelligence Surveillance Act of 1978
USA PATRIOT Act
Intelligence Reform and Terrorism Prevention Act
USA PATRIOT Improvement and Reauthorization Act of 2005
National Security Act of 1947
Fair Credit Reporting Act
U.S.C. sections amended12 U.S.C. § 3414
15 U.S.C. § 1681u
18 U.S.C. § 2709
18 U.S.C. § 3511
50 U.S.C. § 1881a, and others
Legislative history
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The USA Freedom Act (H.R. 2048, Pub. L. 114–23 (text) (PDF)) is a U.S. law enacted on June 2, 2015, that restored and modified several provisions of the Patriot Act, which had expired the day before. The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists.[3][4] The title of the act is a ten-letter backronym (USA FREEDOM) that stands for Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015.

The bill was originally introduced in both houses of the U.S. Congress on October 29, 2013, following publication of classified NSA memos describing bulk data collection programs leaked by Edward Snowden that June. When it was re-introduced in the 114th Congress (2015–2016), it was described by the bill sponsors as "a balanced approach"[5] while being questioned for extending the Patriot Act through the end of 2019.[6] Supporters of the bill said that the House Intelligence Committee and House leadership[7] would insist on reauthorizing all Patriot Act powers except bulk collection under Section 215 of the Patriot Act.[8] Critics assert that mass surveillance of the content of Americans' communication will continue under Section 702 of FISA[9][10] and Executive Order 12333[9][11] due to the "unstoppable surveillance-industrial complex"[12] despite the fact that a bipartisan majority of the House had previously voted to close backdoor mass surveillance.[7]

The USA Freedom Act mandates that the FISA court release "novel" interpretations of the law, which thereby sets precedent and thereby makes up the body of FISA court common law, as both legal authority for deciding subsequent cases, and for guidance parameters for allowing or restricting surveillance conduct.[13] The Act is not clear as to whether or not it mandates retroactive disclosure of decisions prior to passage of the Act in 2015.[13] In October 2016, the ACLU filed a Motion for the Release of FISA Court Records to release interpretations prior to the USA Freedom Act.[13]

  1. ^ "Bill Summary & Status 113th Congress (2013–2014) H.R.3361". THOMAS, Library of Congress. Archived from the original on 20 December 2014. Retrieved 8 May 2014.
  2. ^ "Bill Summary & Status 113th Congress (2013–2014) H.R.3361". THOMAS, Library of Congress. 29 October 2013. Retrieved 8 May 2014.
  3. ^ Diamond, Jeremy (2 June 2015). "NSA surveillance bill passes after weeks-long showdown". CNN. Retrieved 3 June 2015.
  4. ^ Chappell, Bill (2 June 2015). "Senate Approves USA Freedom Act, Obama Signs It, After Amendments Fail". NPR.
  5. ^ Cite error: The named reference WP20150428 was invoked but never defined (see the help page).
  6. ^ Cite error: The named reference Guard was invoked but never defined (see the help page).
  7. ^ a b House Judiciary Committee, Dan. "MARKUP OF H.R. 2048, THE USA FREEDOM ACT" (PDF). House Judiciary Committee, House of Representatives, United States Congress. Archived from the original (PDF) on 18 May 2015. Retrieved 3 May 2015.

    Chairman Goodlatte. The chair thanks the gentleman, and recognizes himself. The legislation before us today was carefully and painstakingly negotiated not just amongst members of this committee, but with our colleagues on the House Intelligence Committee and the intelligence community.

    Mr. Conyers. Thank you, Mr. Chairman. I oppose this amendment because it is not part of the delicate compromise that Chairman Goodlatte, Representatives Sensenbrenner, Nadler, and myself reached with the House Intelligence Committee and House leadership. After months of negotiation, we agreed on legislation that we believe can pass the House, pass the Senate, and become law.

    Ms. Lofgren. This is an issue where a majority of Democrats and a majority of Republicans voted on the floor to approve this very same thing.

    Ms. Lofgren. This amendment is identical to the Massie Lofgren amendment in last year's DoD appropriations bill, which passed the House 293 to 123, but it was ultimately stripped out. 21 members of this committee actually voted for that amendment when it was on the floor. Clearly a vast majority of Congress supports closing the backdoor.
  8. ^ Cite error: The named reference Forbes was invoked but never defined (see the help page).
  9. ^ a b "Surveillance reform letter to Chairman Goodlatte, Ranking Member Conyers, Chairman Grassley, and Ranking Member Leahy" (PDF). Campaign for Liberty. 21 April 2015. Retrieved 3 May 2015.
  10. ^ "Letter to Senator Ron Wyden by Director of Legislative Affairs Deirdre M. Walsh (Office of the Director of National Intelligence) entitled"Response to Question from 5 June 2014 of the United States Senate Select Committee on Intelligence regarding the USA Freedom Act"". Office of United States Senator Ron Wyden. 27 June 2014. Retrieved 3 May 2015.
  11. ^ Cite error: The named reference Amnesty was invoked but never defined (see the help page).
  12. ^ Nelson, Steven (27 April 2015). "NSA Whistleblowers Oppose Freedom Act, Endorse Long-Shot Bill". Retrieved 2 May 2015.
  13. ^ a b c ACLU takes on Fisa court over secret decisions on surveillance laws, The Guardian, 10-19-2016, [1]