HR.514 To extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 relating to access to business records, individual terrorists as agents of foreign powers, and roving wiretaps until December 8, 2011.
To extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 relating to access to business records, individual terrorists as agents of foreign powers, and roving wiretaps until December 8, 2011.
- People's Vote
- NO
- Gov Vote
- YES
- Outcome
- NO
Recent Member Votes
My Representatives
Sponsored by
- Rep. F. Sensenbrenner (WI Republican)
Co-Sponsored by
- Rep. Michael Rogers (MI Republican)
- Rep. Lamar Smith (TX Republican)
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Our Analysis:
The bill extends the authority of the FBI to gather business records under the Foreign Intelligence Surveillance Act (Section 215). Before the Act, the government could seek records only from hotels/motels, storage facilities, and car rental companies; now, it can seek `any tangible thing' from any business. To obtain such records, the FBI Director (or his designee) must seek an order from the Foreign Intelligence Surveillance Court and specify that the records are sought for foreign intelligence information not concerning a U.S. person or are sought to protect against international terrorism or intelligence gathering. Upon receipt of such a request, the court must grant the order. Recipients are prohibited from disclosing to anyone but their attorneys that they have received a section 215 request.
Cost to the taxpayers: No discernible cost.
Earmark Certification: Not applicable
Pay-as-you-go requirements: Not applicable
Cut-as-you-go requirements: Not applicable
Regulatory impact: Could cost businesses who must comply with a request for documents.
Summary:
2/25/2011--Public Law. (This measure has not been amended since it was passed by the Senate on February 15, 2011. The summary of that version is repeated here.) FISA Sunsets Extension Act of 2011 - Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to extend until May 27, 2011, provisions concerning roving electronic surveillance orders and requests for the production of business records and other tangible things. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend until May 27, 2011, a provision revising the definition of an"agent of a foreign power"to include any non-U.S. person who engages in international terrorism or preparatory activities ("lone wolf"provision).
Actions:
The previous question was ordered without objection.
Mr. Smith (TX) moved that the House agree to the Senate amendment.
DEBATE - The House proceeded with one hour of debate on the motion to concur in the Senate amendment to H.R. 514.
Received in the Senate.
Measure laid before Senate by unanimous consent.
Message on Senate action sent to the House.
Motion to reconsider laid on the table Agreed to without objection.
On motion to recommit with instructions Failed by the Yeas and Nays: 186 - 234 (Roll no. 35).
The previous question on the motion to recommit with instructions was ordered without objection.
DEBATE - The House proceeded with ten minutes of debate on the motion to recommit with instructions. Pending the reservation of a point of order, subsequently the reservation was withdrawn.
Mr. Thompson (CA) moved to recommit with instructions to Judiciary.
The previous question was ordered pursuant to the rule.
Considered under the provisions of rule H. Res. 79.
Rule provides for consideration of H.R. 514 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against provisions in the bill are waived.
DEBATE - The House proceeded with one hour of debate on H.R. 514.
Rule H. Res. 79 passed House.
Rules Committee Resolution H. Res. 79 Reported to House. Rule provides for consideration of H.R. 514 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against provisions in the bill are waived.
Considered as unfinished business.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Mr. Smith (TX) moved to suspend the rules and pass the bill.
Considered under suspension of the rules.
DEBATE - The House proceeded with forty minutes of debate on H.R. 514.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Judiciary
Referred to House Intelligence (Permanent Select)
Passed Senate with an amendment by Yea-Nay Vote. 86 - 12. Record Vote Number: 19.
Signed by President.
On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 279 - 143 (Roll no. 66).
On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 277 - 148 (Roll no. 26).
Became Public Law No: 112-3.
On passage Passed by recorded vote: 275 - 144 (Roll no. 36).
Presented to President.
Question:
On Motion to Concur in the Senate Amendment: H R 514 To extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 relating to access to business records, individual terrorists as agents of foreign powers, and roving wiretaps until December 8, 20111/2
Result
passed