Daily Leader
9:00 a.m.: Legislative Business

Five “One Minutes”
11:00 – 11:30 a.m. 11:30 – 12:00 p.m.
Complete Consideration of S. 139 FISA Amendments Reauthorization Act of 2017, Rules Committee Print (Rep. Nunes – Intelligence/Judiciary) (One hour of debate).  This bill would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA) for a period of six years. That Section, and the rest of Title VII of FISA, expires on January 19, 2018.  
Section 702 enables the Intelligence Community to conduct surveillance on foreigners located outside the U.S. for the purpose of acquiring intelligence information. This acquisition must be conducted pursuant to a court order approving a certification and accompanying targeting and minimization procedures. 

The bill includes several reforms intended to address privacy concerns regarding Section 702, including requiring the FBI to obtain a court order before it may review the results of US person queries performed in the course of criminal investigations unrelated to national security.  The bill also imposes restrictions on how information concerning US persons may be used in prosecutions, and directs the DOJ inspector General to study FBI query practices.

Among other privacy concerns, opponents of the bill are concerned that the manager’s amendment is too narrow and that the warrant requirement does not capture queries made during the pre-investigative phase.

This text also reflects changes made to address concerns raised by Democratic members and others, by: 1) removing all “unmasking” language; (2) revising a key definition, to make clear that the bill expands no existing surveillance authorities; (3) and removing language authorizing surveillance of “international malicious cyber actors.” 

The Rule provides for one hour of general debate with forty minutes equally divided and controlled by the Chair and Ranking Member of the Permanent Select Committee on Intelligence and twenty minutes of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Judiciary.  The Rule provides for one hour of general debate and makes in order 1 amendment, debatable for 20 minutes, equally divided between the offeror and an opponent.  The amendment is: 

Amash/Lofgren Substitute Amendment.  Replaces the text of S.139 with the text of the USA Rights Act.  That text can be found here.

Postponed Suspension (1 bill)
  1. H.R. 4578 – Counter Terrorist Network Act (Rep. Vela – Homeland Security)
“Republican leaders are considering skipping passage of a GOP budget this year — a blow to the party’s weakened fiscal hawks… Senate Majority Leader Mitch McConnell [R-KY]… wasn’t even sure he could find the votes for a fiscal blueprint in the first place… Abandoning the budget, however, would be an embarrassment for Republicans…”

    -    Politico, 1/10/2018