[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3421 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3421
To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit
the production of certain business records, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 9, 2020
Mr. Lee (for himself, Mr. Leahy, and Mr. Cramer) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit
the production of certain business records, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``USA FREEDOM
Reauthorization Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of
1978.
TITLE I--FISA BUSINESS RECORDS
Sec. 101. Repeal of authority to access on an ongoing basis call detail
records.
Sec. 102. Civil liberties protections in use of authority to access
business records.
Sec. 103. Protection of information otherwise requiring warrant.
Sec. 104. Protecting Fourth Amendment rights of United States persons.
Sec. 105. Use of information.
Sec. 106. Exclusions from authority to access business records.
Sec. 107. Effective date.
TITLE II--FOREIGN INTELLIGENCE SURVEILLANCE COURT
Sec. 201. Declassification of significant decisions, orders, and
opinions.
Sec. 202. Appointment of amici curiae and access to information.
Sec. 203. Disclosure of relevant information; Inspector General
oversight.
Sec. 204. Information provided in annual reports.
TITLE III--OTHER MATTERS
Sec. 301. Mandatory reporting on certain orders.
Sec. 302. Improvements to Privacy and Civil Liberties Oversight Board.
Sec. 303. Report on use of FISA authorities regarding protected
activities and protected classes.
Sec. 304. Sunsets.
Sec. 305. Technical amendments.
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
TITLE I--FISA BUSINESS RECORDS
SEC. 101. REPEAL OF AUTHORITY TO ACCESS ON AN ONGOING BASIS CALL DETAIL
RECORDS.
(a) Call Detail Records.--
(1) Repeal.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is
amended--
(A) by striking subparagraph (C);
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``in the case of'' and all that
follows through ``in subparagraph (C)),''; and
(ii) in clause (iii), by striking the
semicolon at the end and inserting ``; and'';
and
(C) by redesignating subparagraph (D) as
subparagraph (C).
(2) Prohibition.--Section 501(a) (50 U.S.C. 1861(a)) is
amended by adding at the end the following:
``(4) An application under paragraph (1) may not seek an order
authorizing or requiring the production on an ongoing basis of call
detail records.''.
(b) Conforming Amendments.--
(1) Orders.--Section 501(c) (50 U.S.C. 1861(c)) is
amended--
(A) in paragraph (1), by striking ``with subsection
(b)(2)(D)'' and inserting ``with subsection
(b)(2)(C)''; and
(B) in paragraph (2), by striking subparagraph (F)
and inserting the following:
``(F) in the case of an application for call detail
records, shall direct the Government--
``(i) to adopt minimization procedures that
require the prompt destruction of all call
detail records produced under the order that
the Government determines are not foreign
intelligence information; and
``(ii) to destroy all call detail records
produced under the order as prescribed by such
procedures.''.
(2) Compensation.--Section 501(j) (50 U.S.C. 1861(j)) is
amended to read as follows:
``(j) Compensation.--The Government shall compensate a person for
reasonable expenses incurred for providing technical assistance to the
Government under this section.''.
(3) Definitions.--Section 501(k)(4)(B) (50 U.S.C.
1861(k)(4)(B)) is amended by striking ``For purposes of an
application submitted under subsection (b)(2)(C)'' and
inserting ``In the case of an application for a call detail
record''.
(4) Oversight.--Section 502(b) (50 U.S.C. 1862(b)) is
amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7), respectively.
(5) Annual reports.--Section 603 (50 U.S.C. 1873) is
amended--
(A) in subsection (b)--
(i) by transferring subparagraph (C) of
paragraph (6) to the end of paragraph (5);
(ii) in paragraph (5)--
(I) in subparagraph (A), by
striking ``; and'' and inserting a
semicolon;
(II) in subparagraph (B), by
striking the semicolon and inserting
``; and''; and
(III) in subparagraph (C), as
transferred by clause (i) of this
subparagraph, by striking ``any
database of'';
(iii) by striking paragraph (6); and
(iv) by redesignating paragraph (7) as
paragraph (6); and
(B) in subsection (d)--
(i) in paragraph (1), by striking ``any of
paragraphs (3), (5), or (6)'' and inserting
``either of paragraphs (3) or (5)''; and
(ii) in paragraph (2)(A), by striking
``Paragraphs (2)(B), (2)(C), and (6)(C)'' and
inserting ``Paragraphs (2)(B) and (2)(C)''.
(6) Public reporting.--Section 604(a)(1)(F) (50 U.S.C.
1874(a)(1)(F)) is amended--
(A) in clause (i), by striking the semicolon and
inserting ``; and'';
(B) in clause (ii), by striking ``; and'' and
inserting a period; and
(C) by striking clause (iii).
SEC. 102. CIVIL LIBERTIES PROTECTIONS IN USE OF AUTHORITY TO ACCESS
BUSINESS RECORDS.
Section 501(a)(2)(B) (50 U.S.C. 1861(a)(2)(B)) is amended by
striking ``solely'' and inserting ``substantially''.
SEC. 103. PROTECTION OF INFORMATION OTHERWISE REQUIRING WARRANT.
Section 501(a) (50 U.S.C. 1861(a)), as amended by section 101 of
this Act, is amended by adding at the end the following:
``(5) An application under paragraph (1) may not seek an order
authorizing or requiring the production of a tangible thing if the
compelled production of such thing would require a warrant for law
enforcement purposes.''.
SEC. 104. PROTECTING FOURTH AMENDMENT RIGHTS OF UNITED STATES PERSONS.
Section 501(b) (50 U.S.C. 1861(b)), as amended by section 101(a)(1)
of this Act, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) for an order seeking information concerning a known
United States person shall demonstrate probable cause to
believe that the person--
``(A) is an agent of a foreign power; or
``(B) has been or will soon be involved in an act
of terrorism or in clandestine intelligence activities
in violation of the law.''.
SEC. 105. USE OF INFORMATION.
Section 501(h) (50 U.S.C. 1861(h)) is amended--
(1) by striking ``Information acquired'' and inserting the
following:
``(1) In general.--Information acquired''; and
(2) by adding at the end the following:
``(2) Use in trials, hearings, or other proceedings.--For
purposes of subsections (b) through (h) of section 106--
``(A) information obtained or derived from the
production of tangible things pursuant to an
investigation conducted under this section shall be
deemed to be information acquired from an electronic
surveillance pursuant to title I; and
``(B) in carrying out subparagraph (A), a person
shall be deemed to be an aggrieved person if--
``(i) the person is the target of such an
investigation; or
``(ii) the activities or communications of
the person are described in any tangible thing
collected pursuant to such an investigation.''.
SEC. 106. EXCLUSIONS FROM AUTHORITY TO ACCESS BUSINESS RECORDS.
Section 501(k) (50 U.S.C. 1861(k)) is amended by adding at the end
the following:
``(5) The term `tangible thing' does not include the
following:
``(A) Location information, including cell site
location and global positioning system information.
``(B) Internet use information, including website
browsing information and internet search history
information.
``(C) Medical and health-related records.''.
SEC. 107. EFFECTIVE DATE.
The amendments made by this title shall take effect on the date of
enactment of this Act and shall apply with respect to applications made
under section 501 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861) on or after such date.
TITLE II--FOREIGN INTELLIGENCE SURVEILLANCE COURT
SEC. 201. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND
OPINIONS.
(a) Timing of Declassification.--Section 602(a) (50 U.S.C. 1872(a))
is amended by adding at the end the following: ``The Director shall
complete the declassification review and public release of each such
decision, order, or opinion by not later than 180 days after the date
on which the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review issues such decision, order,
or opinion.''.
(b) Matters Covered.--Section 602(a) (50 U.S.C. 1872(a)), as
amended by subsection (a) of this section, is amended--
(1) by striking ``Subject to subsection (b)'' and inserting
``(1) Subject to subsection (b)'';
(2) by striking ``includes a significant'' and all that
follows through ``, and,'' and inserting ``is described in
paragraph (2) and,''; and
(3) by adding at the end the following:
``(2) The decisions, orders, or opinions issued by the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review described in this
paragraph are such decisions, orders, or opinions that--
``(A) include a significant construction or
interpretation of any provision of law, including any
novel or significant construction or interpretation
of--
``(i) the term `specific selection term';
or
``(ii) section 501(a)(5); or
``(B) result from a proceeding in which an amicus
curiae has been appointed pursuant to section
103(i).''.
(c) Application of Requirement.--
(1) In general.--Section 602 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1872) shall apply with
respect to each decision, order, or opinion issued by the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review before, on, or after
the date of enactment of that section.
(2) Past decisions, orders, and opinions.--With respect to
each decision, order, or opinion described in paragraph (1)
that was issued before or on the date of enactment referred to
in that paragraph, the Director of National Intelligence shall
complete the declassification review and public release of the
decision, order, or opinion pursuant to section 602 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1872)
by not later than 1 year after the date of enactment of this
Act.
SEC. 202. APPOINTMENT OF AMICI CURIAE AND ACCESS TO INFORMATION.
(a) Expansion of Appointment Authority.--
(1) In general.--Section 103(i)(2) (50 U.S.C. 1803(i)(2))
is amended by striking subparagraph (A) and inserting the
following:
``(A) shall appoint an individual who has been
designated under paragraph (1) and who possesses
expertise in privacy and civil liberties to serve as
amicus curiae to assist such court in the consideration
of any application for an order or review that, in the
opinion of the court--
``(i) presents a novel or significant
interpretation of the law, unless the court
issues a finding that such appointment is not
appropriate;
``(ii) presents significant concerns with
respect to the activities of a United States
person that are protected by the First
Amendment to the Constitution of the United
States, unless the court issues a finding that
such appointment is not appropriate;
``(iii) presents or involves a sensitive
investigative matter, unless the court issues a
finding that such appointment is not
appropriate;
``(iv) presents a request for approval of a
new program, a new technology, or a new use of
existing technology, unless the court issues a
finding that such appointment is not
appropriate;
``(v) presents a request for
reauthorization of programmatic surveillance,
unless the court issues a finding that such
appointment is not appropriate; or
``(vi) otherwise presents civil liberties
issues, unless the court issues a finding that
such appointment is not appropriate; and''.
(2) Definition of sensitive investigative matter.--Section
103(i) (50 U.S.C. 1803(i)) is amended by adding at the end the
following:
``(12) Definition.--In this subsection, the term `sensitive
investigative matter' means--
``(A) an investigative matter involving the
activities of--
``(i) a domestic public official or
political candidate;
``(ii) a domestic religious or political
organization, or an individual prominent in
such an organization; or
``(iii) the domestic news media; or
``(B) any other investigative matter that, in the
judgment of the applicable court established under
subsection (a) or (b), is as sensitive as an
investigative matter described in subparagraph (A).''.
(b) Authority To Seek Review.--Section 103(i) (50 U.S.C. 1803(i)),
as amended by subsection (a) of this section, is amended--
(1) in paragraph (4)--
(A) in the paragraph heading, by inserting ``;
authority'' after ``Duties'';
(B) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively, and
adjusting the margins accordingly;
(C) in the matter preceding clause (i), as so
designated, by striking ``the amicus curiae shall'' and
inserting the following: ``the amicus curiae--
``(A) shall'';
(D) in subparagraph (A)(i), as so designated, by
inserting before the semicolon at the end the
following: ``, including legal arguments regarding any
colorable privacy or civil liberties interest of any
aggrieved United States person''; and
(E) by striking the period at the end and inserting
the following: ``; and
``(B) may raise any issue with the court at any
time, regardless of whether the court has requested
assistance on that issue.'';
(2) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) Authority to seek review of decisions.--
``(A) FISA court decisions.--
``(i) Petition.--Following issuance of an
order under this Act by the Foreign
Intelligence Surveillance Court, an amicus
curiae appointed under paragraph (2) may
petition the court to certify for review to the
Foreign Intelligence Surveillance Court of
Review a question of law pursuant to subsection
(j).
``(ii) Appointment.--Upon certification of
any question of law pursuant to this
subparagraph, the Court of Review shall appoint
the amicus curiae to assist the Court of Review
in its consideration of the certified question,
unless the Court of Review issues a finding
that such appointment is not appropriate.
``(B) FISA court of review decisions.--An amicus
curiae appointed under paragraph (2) may file a
petition for a writ of certiorari from the Supreme
Court of the United States for review of any decision
by the Foreign Intelligence Surveillance Court of
Review.
``(C) Declassification of referrals.--For purposes
of section 602, a petition filed under subparagraph (A)
or (B) of this paragraph and all of its content shall
be considered a decision, order, or opinion issued by
the Foreign Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court of Review
described in paragraph (2) of section 602(a).''.
(c) Access to Information.--
(1) Application and materials.--Section 103(i)(6)(A) (50
U.S.C. 1803(i)(6)(A)) is amended by striking clauses (i) and
(ii) and inserting the following:
``(i) shall have access to--
``(I) the application,
certification, petition, motion, and
other information and supporting
materials, submitted to the Foreign
Intelligence Surveillance Court in
connection with the matter in which the
amicus curiae has been appointed,
including access to any relevant legal
precedent (including any such precedent
that is cited by the Government,
including in such an application);
``(II) any other information or
materials that the court determines is
relevant to the duties of the amicus
curiae; and
``(III) an unredacted copy of each
relevant decision made by the Foreign
Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court
of Review in which the court decides a
question of law, without regard to
whether the decision is classified; and
``(ii) may make a submission to the court
requesting access to any particular materials
or information (or category of materials or
information) that the amicus curiae believes to
be relevant to the duties of the amicus
curiae.''.
(2) Clarification of access to certain information.--
Section 103(i)(6) (50 U.S.C. 1803(i)(6)) is amended--
(A) in subparagraph (B), by striking ``may'' and
inserting ``shall''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Classified information.--An amicus curiae
designated or appointed by the court shall have access
to unredacted copies of each opinion, order,
transcript, pleading, or other document of the Foreign
Intelligence Surveillance Court and the Foreign
Intelligence Surveillance Court of Review, including,
if the individual is eligible for access to classified
information, any classified documents, information, and
other materials or proceedings.''.
(3) Consultation among amici curiae.--Section 103(i)(6) (50
U.S.C. 1803(i)(6)), as amended by paragraphs (1) and (2) of
this subsection, is amended--
(A) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (C), (D), and (E), respectively;
and
(B) by inserting after subparagraph (A) the
following:
``(B) Consultation.--If the Foreign Intelligence
Surveillance Court or the Foreign Intelligence
Surveillance Court of Review determines that it is
relevant to the duties of an amicus curiae appointed
under paragraph (2), the amicus curiae may consult with
one or more of the other individuals designated by the
court to serve as amicus curiae pursuant to paragraph
(1) regarding any of the information relevant to any
assigned proceeding.''.
SEC. 203. DISCLOSURE OF RELEVANT INFORMATION; INSPECTOR GENERAL
OVERSIGHT.
(a) Disclosure of Relevant Information.--
(1) In general.--The Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the
end the following:
``TITLE IX--DISCLOSURE OF RELEVANT INFORMATION
``SECTION 901. DISCLOSURE OF RELEVANT INFORMATION.
``The Attorney General or any other Federal officer making an
application for a court order under this Act shall provide the court
with all information in the possession of the Government that is
material to determining whether the application satisfies the
applicable requirements under this Act, including any exculpatory
information.''.
(2) Technical amendment.--The table of contents of the
Foreign Intelligence Surveillance Act of 1978 is amended by
adding at the end the following:
``TITLE IX--DISCLOSURE OF RELEVANT INFORMATION
``Sec. 901. Disclosure of relevant information.''.
(b) Inspector General Oversight.--
(1) In general.--Title VI (50 U.S.C. 1871 et seq.) is
amended by adding at the end the following:
``SEC. 605. INSPECTOR GENERAL OVERSIGHT.
``(a) Annual Audit.--Each year, the Inspector General of the
Department of Justice and the Inspector General of each element of the
intelligence community shall each conduct an audit of the applications
for court orders made by the Department or the element, respectively,
under this Act during the preceding year.
``(b) Scope; Contents.--In conducting an audit under subsection
(a), an Inspector General shall--
``(1) review a random sampling of applications made by the
Department or element, respectively; and
``(2) assess whether--
``(A) the assertions made in each application were
adequately supported by evidence;
``(B) each application included all material
information, including any exculpatory information, as
required under section 901; and
``(C) each application meets constitutional and
legal requirements.''.
(2) Technical amendment.--The table of contents of the
Foreign Intelligence Surveillance Act of 1978 is amended by
inserting after the item relating to section 604 the following:
``Sec. 605. Inspector General oversight.''.
SEC. 204. INFORMATION PROVIDED IN ANNUAL REPORTS.
(a) Reports by Director of the Administrative Office of the United
States Courts.--Section 603(a)(1) (50 U.S.C. 1873(a)(1)) is amended--
(1) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(G) the number of certifications by the Foreign
Intelligence Surveillance Court of Review pursuant to
section 103(j); and
``(H) the number of requests to certify a question
made by an amicus curiae to the Foreign Intelligence
Surveillance Court of Review pursuant to section
103(i)(7).''.
(b) Reports by Director of National Intelligence.--Section
603(b)(5)(B) (50 U.S.C. 1873(b)(5)(B)), as amended by section 101 of
this Act, is amended by inserting before the semicolon at the end the
following: ``, including information received electronically and
through hard copy and portable media''.
TITLE III--OTHER MATTERS
SEC. 301. MANDATORY REPORTING ON CERTAIN ORDERS.
(a) Reporting on United States Person Queries.--Section 603(b)(2)
(50 U.S.C. 1873(b)(2)) is amended--
(1) in subparagraph (B), by striking ``the number of search
terms concerning a known United States person'' and inserting
``the number of search terms that concern a known United States
person or are reasonably likely to identify a United States
person''; and
(2) in subparagraph (C), by striking ``the number of
queries concerning a known United States person'' and inserting
``the number of queries that concern a known United States
person or are reasonably likely to identify a United States
person''.
(b) Modification to Exceptions.--Section 603(d)(2) (50 U.S.C.
1873(d)(2)) is amended by striking ``information.--'' and all that
follows through ``Paragraph (3)(B)'' and inserting ``information.--
Paragraph (3)(B)''.
SEC. 302. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
Section 1061(h)(4) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(h)(4)) is amended to read as
follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall
serve a term of 6 years, commencing on the date of the
appointment of the member to the Board.
``(B) Reappointment.--A member may be reappointed
to 1 or more additional terms.
``(C) Vacancy.--A vacancy in the Board shall be
filled in the manner in which the original appointment
was made.
``(D) Extension.--Upon the expiration of the term
of office of a member, the member may continue to
serve, at the election of the member--
``(i) during the period preceding the
reappointment of the member pursuant to
subparagraph (B); or
``(ii) until the earlier of--
``(I) the date on which the
member's successor has been appointed
and qualified; or
``(II) the date that is 2 years
after the expiration of the member's
term of office.''.
SEC. 303. REPORT ON USE OF FISA AUTHORITIES REGARDING PROTECTED
ACTIVITIES AND PROTECTED CLASSES.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Privacy and Civil Liberties Oversight Board shall make
publicly available and submit to the appropriate congressional
committees a report on the use of activities and protected classes
described in subsection (b) in--
(1) applications for orders made by the United States
Government under the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.); and
(2) investigations for which such orders are sought.
(b) Activities and Protected Classes Described.--The activities and
protected classes described in this subsection are the following:
(1) Activities and expression protected by the First
Amendment to the Constitution of the United States.
(2) Race, ethnicity, national origin, and religious
affiliation.
(c) Form.--In addition to the report made publicly available and
submitted under subsection (a), the Board may submit to the appropriate
congressional committees a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on the Judiciary and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 304. SUNSETS.
(a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization
Act of 2005 (50 U.S.C. 1805 note) is amended by striking ``March 15,
2020'' and inserting ``December 1, 2023''.
(b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``March 15,
2020'' and inserting ``December 1, 2023''.
(c) Effective Date.--The amendments made by this section shall take
effect on the earlier of the date of enactment of this Act or March 15,
2020.
SEC. 305. TECHNICAL AMENDMENTS.
(a) In General.--The Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended as follows:
(1) In section 103(e) (50 U.S.C. 1803(e)), by striking
``702(h)(4)'' each place the term appears and inserting
``702(i)(4)''.
(2) In section 105(a)(4) (50 U.S.C. 1805(a)(4))--
(A) by striking ``section 104(a)(7)(E)'' and
inserting ``section 104(a)(6)(E)''; and
(B) by striking ``section 104(d)'' and inserting
``section 104(c)''.
(3) In section 501(a) (50 U.S.C. 1861(a)), by indenting
paragraph (3) 2 ems to the left.
(4) In section 603(b)(2)(C) (50 U.S.C. 1873(b)(2)(C)), by
inserting ``and'' after the semicolon.
(5) In section 702 (50 U.S.C. 1881a)--
(A) in subsection (h)(3), by striking ``subsection
(i)'' and inserting ``subsection (j)'';
(B) in subsection (j)(1), by striking ``subsection
(g)'' each place the term appears and inserting
``subsection (h)''; and
(C) in the subsection heading of subsection (m), by
inserting a comma after ``Assessments''.
(6) In section 801(8)(B)(iii) (50 U.S.C. 1885(8)(B)(iii)),
by striking ``702(h)'' and inserting ``702(i)''.
(7) In section 802(a)(3) (50 U.S.C. 1885a(a)(3)), by
striking ``702(h)'' and inserting ``702(i)''.
(b) References to Foreign Intelligence Surveillance Court and
Foreign Intelligence Surveillance Court of Review.--
(1) Definitions.--Section 101 (50 U.S.C. 1801) is amended
by adding at the end the following:
``(q) The term `Foreign Intelligence Surveillance Court' means the
court established under section 103(a).
``(r) The terms `Foreign Intelligence Surveillance Court of Review'
and `Court of Review' mean the court established under section
103(b).''.
(2) Conforming amendments.--The Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
(A) in section 102(a)(3) (50 U.S.C. 1802(a)(3)), by
striking ``the court established under section 103(a)''
and inserting ``the Foreign Intelligence Surveillance
Court'';
(B) in section 103 (50 U.S.C. 1803)--
(i) in subsection (a)--
(I) in paragraph (2)(A), by
striking ``The court established under
this subsection'' and inserting ``The
Foreign Intelligence Surveillance
Court''; and
(II) by striking ``the court
established under this subsection''
each place it appears and inserting
``the Foreign Intelligence Surveillance
Court'';
(ii) in subsection (g)--
(I) by striking ``the court
established pursuant to subsection
(a)'' and inserting ``the Foreign
Intelligence Surveillance Court'';
(II) by striking ``the court of
review established pursuant to
subsection (b)'' and inserting ``the
Foreign Intelligence Surveillance Court
of Review''; and
(III) by striking ``The courts
established pursuant to subsections (a)
and (b)'' and inserting ``The Foreign
Intelligence Surveillance Court and the
Foreign Intelligence Surveillance Court
of Review'';
(iii) in subsection (h), by striking ``a
court established under this section'' and
inserting ``the Foreign Intelligence
Surveillance Court or the Foreign Intelligence
Surveillance Court of Review'';
(iv) in subsection (i)--
(I) in paragraph (1), by striking
``the courts established under
subsections (a) and (b)'' and inserting
``the Foreign Intelligence Surveillance
Court and the Foreign Intelligence
Surveillance Court of Review'';
(II) in paragraph (3)(B), by
striking ``the courts'' and inserting
``the Foreign Intelligence Surveillance
Court and the Foreign Intelligence
Surveillance Court of Review'';
(III) in paragraph (5), by striking
``the court'' and inserting ``the
Foreign Intelligence Surveillance Court
or the Foreign Intelligence
Surveillance Court of Review, as the
case may be,'';
(IV) in paragraph (6), by striking
``the court'' each place it appears and
inserting ``the Foreign Intelligence
Surveillance Court or the Foreign
Intelligence Surveillance Court of
Review'';
(V) by striking ``a court
established under subsection (a) or
(b)'' each place it appears and
inserting ``the Foreign Intelligence
Surveillance Court or the Foreign
Intelligence Surveillance Court of
Review''; and
(VI) by striking ``A court
established under subsection (a) or
(b)'' each place it appears and
inserting ``The Foreign Intelligence
Surveillance Court or the Foreign
Intelligence Surveillance Court of
Review'';
(v) in subsection (j)--
(I) by striking ``a court
established under subsection (a)'' and
inserting ``the Foreign Intelligence
Surveillance Court''; and
(II) by striking ``the court
determines'' and inserting ``the
Foreign Intelligence Surveillance Court
determines'';
(vi) by striking ``the court established
under subsection (a)'' each place it appears
and inserting ``the Foreign Intelligence
Surveillance Court''; and
(vii) by striking ``the court established
under subsection (b)'' each place it appears
and inserting ``the Foreign Intelligence
Surveillance Court of Review'';
(C) in section 105(c) (50 U.S.C. 1805(c))--
(i) in paragraph (2)(B), by striking ``the
Court'' and inserting ``the Foreign
Intelligence Surveillance Court''; and
(ii) in paragraph (3), by striking ``the
court'' each place it appears and inserting
``the Foreign Intelligence Surveillance
Court'';
(D) in section 401 (50 U.S.C. 1841), by striking
``, and `State''' and inserting ```State', `Foreign
Intelligence Surveillance Court', and `Foreign
Intelligence Surveillance Court of Review''';
(E) in section 402 (50 U.S.C. 1842)--
(i) in subsection (b)(1), by striking ``the
court established by section 103(a) of this
Act'' and inserting ``the Foreign Intelligence
Surveillance Court''; and
(ii) in subsection (h)(2), by striking
``the court established under section 103(a)''
and inserting ``the Foreign Intelligence
Surveillance Court'';
(F) in section 501 (50 U.S.C. 1861)--
(i) in subsection (b)(1), by striking ``the
court established by section 103(a)'' and
inserting ``the Foreign Intelligence
Surveillance Court'';
(ii) in subsection (g)(3), by striking
``the court established under section 103(a)''
and inserting ``the Foreign Intelligence
Surveillance Court''; and
(iii) in subsection (k)(1), by striking ``,
and `State''' and inserting ```State', and
`Foreign Intelligence Surveillance Court''';
(G) in section 502(c)(1)(E), by striking ``the
court established under section 103'' and inserting
``the Foreign Intelligence Surveillance Court (as
defined by section 101)'';
(H) in section 801 (50 U.S.C. 1885)--
(i) in paragraph (8)(B)(i), by striking
``the court established under section 103(a)''
and inserting ``the Foreign Intelligence
Surveillance Court''; and
(ii) by adding at the end the following:
``(10) Foreign intelligence surveillance court.--The term
`Foreign Intelligence Surveillance Court' means the court
established under section 103(a).''; and
(I) in section 802(a)(1) (50 U.S.C. 1885a(a)(1)),
by striking ``the court established under section
103(a)'' and inserting ``the Foreign Intelligence
Surveillance Court''.
(c) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
<all>