[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6262 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6262
To implement reforms relating to foreign intelligence surveillance
authorities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2023
Mr. Davidson (for himself, Ms. Lofgren, Mr. Biggs, Ms. Jayapal, Mr.
Massie, Ms. Jacobs, Ms. Mace, Mr. Correa, Mr. Carey, Ms. Chu, Mr.
Doggett, Ms. Lee of California, Mr. Lieu, and Ms. Hoyle of Oregon)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Intelligence
(Permanent Select), Energy and Commerce, and Armed Services, 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
_______________________________________________________________________
A BILL
To implement reforms relating to foreign intelligence surveillance
authorities, 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 ``Government
Surveillance Reform Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE
COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978
Sec. 101. Prohibition on warrantless queries for the communications of
United States persons and persons located
in the United States.
Sec. 102. Limitation on use of information obtained under section 702
of the Foreign Intelligence Surveillance
Act of 1978 relating to United States
persons and persons located in the United
States in criminal, civil, and
administrative actions.
Sec. 103. Repeal of authority for the resumption of abouts collection.
Sec. 104. Prohibition on reverse targeting of United States persons and
persons located in the United States.
Sec. 105. Data retention limits for information collected under section
702 of the Foreign Intelligence
Surveillance Act of 1978.
Sec. 106. Foreign Intelligence Surveillance Court supervision of
demands for technical assistance from
electronic communication service providers
under section 702 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 107. Prohibition on warrantless acquisition of domestic
communications pursuant to section 702 of
the Foreign Intelligence Surveillance Act
of 1978.
Sec. 108. Requirement of a foreign intelligence purpose.
Sec. 109. Four-year extension of section 702 of the Foreign
Intelligence Surveillance Act of 1978.
TITLE II--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 201. Court supervision of collection targeting United States
persons and persons located inside the
United States.
Sec. 202. Required disclosure of relevant information in Foreign
Intelligence Surveillance Act of 1978
applications.
Sec. 203. Certification regarding accuracy procedures.
Sec. 204. Clarification regarding treatment of information and evidence
acquired under the Foreign Intelligence
Surveillance Act of 1978.
Sec. 205. Sunset on grandfather clause of Section 215 of the USA
PATRIOT Act.
Sec. 206. Written record of Department of Justice interactions with
Foreign Intelligence Surveillance court;
protection against judge shopping by DOJ.
Sec. 207. Appointment of amici curiae and access to information.
Sec. 208. Declassification of significant decisions, orders, and
opinions.
Sec. 209. Clarification of Foreign Intelligence Surveillance Court
jurisdiction over records of the court and
other ancillary matters.
Sec. 210. Grounds for determining injury in fact in civil actions
relating to surveillance under the Foreign
Intelligence Surveillance Act of 1978 or
pursuant to executive authority.
Sec. 211. Accountability procedures for violations by Federal
employees.
TITLE III--REFORMS RELATED TO SURVEILLANCE CONDUCTED UNDER EXECUTIVE
ORDER 12333
Sec. 301. Definitions.
Sec. 302. Prohibition on warrantless queries for the communications of
United States persons and persons located
in the United States.
Sec. 303. Prohibition on reverse targeting of United States persons and
persons located in the United States.
Sec. 304. Prohibition on intelligence acquisition of United States
person data.
Sec. 305. Prohibition on the warrantless acquisition of domestic
communications.
Sec. 306. Data retention limits.
Sec. 307. Reports on violations of law or Executive order.
TITLE IV--INDEPENDENT OVERSIGHT
Sec. 401. Inspector General oversight of orders under the Foreign
Intelligence Surveillance Act of 1978.
Sec. 402. Department of Justice inspector general review of high
intensity drug trafficking area
surveillance programs.
Sec. 403. Intelligence community parity and communications with Privacy
and Civil Liberties Oversight Board.
Sec. 404. Congressional oversight of grants of immunity by the Attorney
General for warrantless surveillance
assistance.
TITLE V--REFORMS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986
Sec. 501. Warrant protections for location information, web browsing
records, and search query records.
Sec. 502. Consistent protections for phone and app-based call and
texting records.
Sec. 503. Email Privacy Act.
Sec. 504. Consistent protections for demands for data held by
interactive computing services.
Sec. 505. Consistent protections for real-time and historical metadata.
Sec. 506. Subpoenas for certain subscriber information.
Sec. 507. Minimization standards for voluntary disclosure of customer
communications or records.
Sec. 508. Prohibition on law enforcement purchase of personal data from
data brokers.
Sec. 509. Consistent privacy protections for data held by data brokers.
Sec. 510. Protection of data entrusted to intermediary or ancillary
service providers.
Sec. 511. Modernizing criminal surveillance reports.
TITLE VI--REGULATION OF GOVERNMENT SURVEILLANCE USING CELL SITE
SIMULATORS, GENERAL PROHIBITION ON PRIVATE, NON-RESEARCH USE
Sec. 601. Cell site simulators.
TITLE VII--PROTECTION OF CAR DATA FROM WARRANTLESS SEARCHES
Sec. 701. Protection of car data from warrantless searches.
TITLE VIII--INTELLIGENCE TRANSPARENCY
Sec. 801. Enhanced annual reports by Director of the Administrative
Office of the United States Courts.
Sec. 802. Enhanced annual reports by Director of National Intelligence.
Sec. 803. Annual reporting on accuracy and completeness of
applications.
Sec. 804. Allowing more granular aggregate reporting by recipients of
foreign intelligence surveillance orders.
Sec. 805. Report on use of foreign intelligence surveillance
authorities regarding protected activities
and protected classes.
Sec. 806. Publication of estimates regarding communications collected
under certain provisions of Foreign
Intelligence Surveillance Act of 1978.
Sec. 807. Enhanced reporting of assessments of compliance with
emergency order requirements under certain
provisions of the Foreign Intelligence
Surveillance Act of 1978.
TITLE IX--SEVERABILITY AND LIMITED DELAYS IN IMPLEMENTATION
Sec. 901. Severability.
Sec. 902. Limited delays in implementation.
SEC. 2. DEFINITIONS.
(a) Amendments to Foreign Intelligence Surveillance Act of 1978.--
(1) In general.--Section 101 of the Foreign Intelligence
Surveillance Act of 1978 (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).
``(s) The term `appropriate committees of Congress' means--
``(1) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003));
``(2) the Committee on the Judiciary of the Senate; and
``(3) the Committee on the Judiciary of the House of
Representatives.''.
(2) Conforming amendments.--Such Act (50 U.S.C. 1801 et
seq.) is amended--
(A) in section 102 (50 U.S.C. 1802), 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(1) (50 U.S.C. 1841(1)), 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 new
paragraph:
``(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''.
(b) Terms Used in This Act.--In this Act, the terms ``appropriate
committees of Congress'', ``Foreign Intelligence Surveillance Court'',
and ``Foreign Intelligence Surveillance Court of Review'' have the
meanings given such terms in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801), as amended by subsection
(a).
TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE
COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978
SEC. 101. PROHIBITION ON WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF
UNITED STATES PERSONS AND PERSONS LOCATED IN THE UNITED
STATES.
Section 702(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``and the
limitations and requirements in paragraph (2)'' after
``Constitution of the United States''; and
(B) in subparagraph (B), by striking ``United
States person query term used for a query'' and
inserting ``term for a United States person or person
reasonably believed to be in the United States used for
a query as required by paragraph (3)'';
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by striking paragraph (2) and inserting the following:
``(2) Prohibition on warrantless queries for the
communications and other information of united states persons
and persons located in the united states.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no officer or employee of
the United States may conduct a query of information
acquired under this section in an effort to find
communications or information the compelled production
of which would require a probable cause warrant if
sought for law enforcement purposes in the United
States, of or about 1 or more United States persons or
persons reasonably believed to be located in the United
States at the time of the query or the time of the
communication or creation of the information.
``(B) Exceptions for concurrent authorization,
consent, emergency situations, and certain defensive
cybersecurity queries.--
``(i) In general.--Subparagraph (A) shall
not apply to a query related to a United States
person or person reasonably believed to be
located in the United States at the time of the
query or the time of the communication or
creation of the information if--
``(I) such person is the subject of
an order or emergency authorization
authorizing electronic surveillance or
physical search under section 105 or
304 of this Act, or a warrant issued
pursuant to the Federal Rules of
Criminal Procedure by a court of
competent jurisdiction covering the
period of the query;
``(II)(aa) the officer or employee
carrying out the query has a reasonable
belief that--
``(AA) an emergency exists
involving an imminent threat of
death or serious bodily harm;
and
``(BB) in order to prevent
or mitigate this threat, the
query must be conducted before
authorization pursuant to
subparagraph (I) can, with due
diligence, be obtained; and
``(bb) a description of the query is provided to the Foreign
Intelligence Surveillance Court and the appropriate committees of
Congress in a timely manner;
``(III) such person or, if such
person is incapable of providing
consent, a third party legally
authorized to consent on behalf of such
person, has provided consent to the
query on a case-by-case basis; or
``(IV)(aa) the query uses a known
cybersecurity threat signature as a
query term;
``(bb) the query is conducted, and the results of the query are
used, for the sole purpose of identifying targeted recipients of
malicious software and preventing or mitigating harm from such
malicious software;
``(cc) no additional contents of communications retrieved as a
result of the query are accessed or reviewed; and
``(dd) all such queries are reported to the Foreign Intelligence
Surveillance Court.
``(ii) Limitations.--
``(I) Use in subsequent proceedings
and investigations.--No information
retrieved pursuant to a query
authorized by clause (i)(II) or
information derived from such query may
be used, received in evidence, or
otherwise disseminated in any
investigation, trial, hearing, or other
proceeding in or before any court,
grand jury, department, office, agency,
regulatory body, legislative committee,
or other authority of the United
States, a State, or political
subdivision thereof, except in
proceedings or investigations that
arise from the threat that prompted the
query.
``(II) Assessment of compliance.--
The Attorney General shall not less
frequently than annually assess
compliance with the requirements under
subclause (I).
``(C) Matters relating to emergency queries.--
``(i) Treatment of denials.--In the event
that a query for communications or information,
the compelled production of which would require
a probable cause warrant if sought for law
enforcement purposes in the United States, of
or about 1 more United States persons or
persons reasonably believed to be located in
the United States at the time of the query or
the time of the communication or creation of
the information is conducted pursuant to an
emergency authorization described in
subparagraph (B)(i)(I) and the application for
such emergency authorization is denied, or in
any other case in which the query has been
conducted and no order is issued approving the
query--
``(I) no information obtained or
evidence derived from such query may be
used, received in evidence, or
otherwise disseminated in any
investigation, trial, hearing, or other
proceeding in or before any court,
grand jury, department, office, agency,
regulatory body, legislative committee,
or other authority of the United
States, a State, or political
subdivision thereof; and
``(II) no information concerning
any United States person or person
reasonably believed to be located in
the United States at the time of the
query or the time of the communication
or the creation of the information
acquired from such query may
subsequently be used or disclosed in
any other manner without the consent of
such person, except with the approval
of the Attorney General if the
information indicates a threat of death
or serious bodily harm to any person.
``(ii) Assessment of compliance.--The
Attorney General shall not less frequently than
annually assess compliance with the
requirements under clause (i).
``(D) Foreign intelligence purpose.--Except as
provided in subparagraph (B)(i), no officer or employee
of the United States may conduct a query of information
acquired under this section in an effort to find
information of or about 1 or more United States persons
or persons reasonably believed to be located in the
United States at the time of the query or the time of
the communication or creation of the information unless
the query is reasonably likely to retrieve foreign
intelligence information.
``(3) Documentation.--No officer or employee of the United
States may conduct a query of information acquired under this
section in an effort to find information of or about 1 or more
United States persons or persons reasonably believed to be
located in the United States at the time of query or the time
of the communication or the creation of the information, unless
first an electronic record is created, and a system, mechanism,
or business practice is in place to maintain such record, that
includes the following:
``(A) Each term used for the conduct of the query.
``(B) The date of the query.
``(C) The identifier of the officer or employee.
``(D) A statement of facts showing that the use of
each query term included under subparagraph (A) is--
``(i) reasonably likely to retrieve foreign
intelligence information; or
``(ii) in furtherance of the exceptions
described in paragraph (2)(B)(i).
``(4) Prohibition on results of metadata query as a basis
for access to communications and other protected information.--
If a query of information acquired under this section is
conducted in an effort to find communications metadata of 1 or
more United States persons or persons reasonably believed to be
located in the United States at the time of the query or
communication and the query returns such metadata, the results
of the query shall not be used as a basis for reviewing
communications or information a query for which is otherwise
prohibited under this section.
``(5) Federated datasets.--The prohibitions and
requirements in this section shall apply to queries of
federated and mixed datasets that include information acquired
under this section, unless a mechanism exists to limit the
query to information not acquired under this section.''.
SEC. 102. LIMITATION ON USE OF INFORMATION OBTAINED UNDER SECTION 702
OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
RELATING TO UNITED STATES PERSONS AND PERSONS LOCATED IN
THE UNITED STATES IN CRIMINAL, CIVIL, AND ADMINISTRATIVE
ACTIONS.
Paragraph (2) of section 706(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881e(a)) is amended to read as
follows:
``(2) Limitation on use in criminal, civil, and
administrative proceedings and investigations.--No information
acquired pursuant to section 702(f) of or about a United States
person or person reasonably believed to be located in the
United States at the time of acquisition or communication may
be introduced as evidence against such person in any criminal,
civil, or administrative proceeding or used as part of any
criminal, civil, or administrative investigation, except--
``(A) with the prior approval of the Attorney
General; and
``(B) in a proceeding or investigation in which the
information is directly related to and necessary to
address a specific threat of--
``(i) terrorism (as defined in clauses (i)
through (iii) of section 2332b(g)(5)(B) of
title 18, United States Code);
``(ii) counterintelligence (as defined in
section 3 of the National Security Act of 1947
(50 U.S.C. 3003));
``(iii) proliferation or use of a weapon of
mass destruction (as defined in section
2332a(c) of title 18, United States Code);
``(iv) a cybersecurity breach or attack
from a foreign country;
``(v) incapacitation or destruction of
critical infrastructure (as defined in section
1016(e) of the Uniting and Strengthening
America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)));
``(vi) an attack against the armed forces
of the United States or an ally of the United
States or to other personnel of the United
States Government or a government of an ally of
the United States; or
``(vii) international narcotics
trafficking.''.
SEC. 103. REPEAL OF AUTHORITY FOR THE RESUMPTION OF ABOUTS COLLECTION.
(a) In General.--Section 702(b)(5) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a(b)(5)) is amended by striking
``, except as provided under section 103(b) of the FISA Amendments
Reauthorization Act of 2017''.
(b) Conforming Amendments.--
(1) Foreign intelligence surveillance act of 1978.--Section
702(m) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881a(m)) is amended--
(A) in the subsection heading, by striking
``Reviews, and Reporting'' and inserting ``and
Reviews''; and
(B) by striking paragraph (4).
(2) FISA amendments reauthorization act of 2017.--Section
103 of the FISA Amendments Reauthorization Act of 2017 (Public
Law 115-118; 50 U.S.C. 1881a note) is amended--
(A) by striking subsection (b); and
(B) by striking the following:
``(a) In General.--''.
SEC. 104. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND
PERSONS LOCATED IN THE UNITED STATES.
Section 702 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a), as amended by section 101, is further amended--
(1) in subsection (b)(2)--
(A) by striking ``may not intentionally'' and
inserting the following ``may not--
``(A) intentionally'';
(B) in subparagraph (A), as designated by
subparagraph (A) of this paragraph, by striking ``if
the purpose of such acquisition is to target a
particular, known person reasonably believed to be in
the United States;'' and inserting the following: ``if
a significant purpose of such acquisition is to acquire
the information of 1 or more United States persons or
persons reasonably believed to be located in the United
States at the time of acquisition or communication,
unless--
``(i)(I) there is a reasonable belief that
an emergency exists involving an imminent
threat of death or serious bodily harm to such
United States person or person reasonably
believed to be located in the United States at
the time of the query or the time of
acquisition or communication;
``(II) the information is sought for the purpose of
assisting that person; and
``(III) a description of the targeting is provided to the
Foreign Intelligence Surveillance Court and the appropriate
committees of Congress in a timely manner; or
``(ii) the United States person or persons
reasonably believed to be located in the United
States at the time of acquisition or
communication has provided consent to the
targeting, or if such person is incapable of
providing consent, a third party legally
authorized to consent on behalf of such person
has provided consent; and
``(B) in the case of information acquired pursuant
to subparagraph (A)(i) or evidence derived from such
targeting, be used, received in evidence, or otherwise
disseminated in any investigation, trial, hearing, or
other proceeding in or before any court, grand jury,
department, office, agency, regulatory body,
legislative committee, or other authority of the United
States, a State, or political subdivision thereof,
except in proceedings or investigations that arise from
the threat that prompted the targeting;'';
(2) in subsection (d)(1), by amending subparagraph (A) to
read as follows:
``(A) ensure that--
``(i) any acquisition authorized under
subsection (a) is limited to targeting persons
reasonably believed to be non-United States
persons located outside the United States; and
``(ii) except as provided in subsection
(b)(2), a significant purpose of an acquisition
is not to acquire the information of 1 or more
United States persons or persons reasonably
believed to be in the United States at the time
of acquisition or communication; and'';
(3) in subsection (h)(2)(A)(i), by amending subclause (I)
to read as follows:
``(I) ensure that--
``(aa) an acquisition
authorized under subsection (a)
is limited to targeting persons
reasonably believed to be non-
United States persons located
outside the United States; and
``(bb) except as provided
in subsection (b)(2), a
significant purpose of an
acquisition is not to acquire
the information of 1 or more
United States persons or
persons reasonably believed to
be in the United States at the
time of acquisition or
communication; and''; and
(4) in subsection (j)(2)(B), by amending clause (i) to read
as follows:
``(i) ensure that--
``(I) an acquisition authorized
under subsection (a) is limited to
targeting persons reasonably believed
to be non-United States persons located
outside the United States; and
``(II) except as provided in
subsection (b)(2), a significant
purpose of an acquisition is not to
acquire the information of 1 or more
United States persons or persons
reasonably believed to be in the United
States at the time of acquisition or
communication; and''.
SEC. 105. DATA RETENTION LIMITS FOR INFORMATION COLLECTED UNDER SECTION
702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) In General.--Title VII of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881 et seq.) is amended by adding at the end
the following:
``SEC. 709. DATA RETENTION LIMITS.
``(a) Policy.--The Attorney General shall develop, and the heads of
the elements of the intelligence community shall implement, procedures
governing the retention of information collected pursuant to section
702.
``(b) Covered Information.--For purposes of this section, `covered
information' includes--
``(1) any information, including an encrypted
communication, to, from, or pertaining to a United States
person or person reasonably believed to be located in the
United States at the time of acquisition, communication, or
creation of the information that has been evaluated and is not
specifically known to contain foreign intelligence information;
and
``(2) any unevaluated information, unless it can reasonably
be determined that the unevaluated information does not contain
communications to or from or information pertaining to a United
States person or person reasonably believed to be located in
the United States at the time of acquisition, communication or
creation of the information.
``(c) Requirements.--The procedures developed and implemented
pursuant to subsection (a) shall ensure, with respect to information
described in such subsection, that covered information shall be
destroyed within 5 years of collection unless the Attorney General
determines in writing that--
``(1) the information is the subject of a preservation
obligation in pending administrative, civil, or criminal
litigation, in which case the information shall be segregated,
retained, and used solely for that purpose and shall be
destroyed as soon as it is no longer required to be preserved
for such litigation; or
``(2) the information is being used in a proceeding or
investigation in which the information is directly related to
and necessary to address a specific threat identified in
section 706(a)(2)(B).''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 708 the
following:
``Sec. 709. Data retention limits.''.
SEC. 106. FOREIGN INTELLIGENCE SURVEILLANCE COURT SUPERVISION OF
DEMANDS FOR TECHNICAL ASSISTANCE FROM ELECTRONIC
COMMUNICATION SERVICE PROVIDERS UNDER SECTION 702 OF THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 702(i)(1) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881a(i)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses 2 ems to
the right;
(2) in the matter before clause (i), as redesignated by
paragraph (1), by striking ``With respect to'' and inserting
the following:
``(A) In general.--Subject to subparagraph (B), in
carrying out''; and
(3) by adding at the end the following:
``(B) Limitations.--The Attorney General or the
Director of National Intelligence may not direct
technical assistance from an electronic communication
service provider under subparagraph (A) without
demonstrating that the assistance sought--
``(i) is necessary;
``(ii) is narrowly tailored to the
surveillance at issue; and
``(iii) would not pose an undue burden on
the electronic communication service provider
or its customers who are not intended targets
of the surveillance.
``(C) Compliance.--An electronic communication
service provider is not obligated to comply with a
directive to provide technical assistance under this
paragraph unless--
``(i) such assistance is a manner or method
that has been explicitly approved by the Court;
and
``(ii) the Court issues an order, which has
been delivered to the provider, explicitly
describing the assistance to be furnished by
the provider that has been approved by the
Court.''.
SEC. 107. PROHIBITION ON WARRANTLESS ACQUISITION OF DOMESTIC
COMMUNICATIONS PURSUANT TO SECTION 702 OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 702 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a) is amended--
(1) in subsection (b)(4), by striking ``known at the time
of the acquisition'' and inserting ``reasonably believed at the
time of acquisition or communication'';
(2) in subsection (d)(1)(B), by striking ``known at the
time of the acquisition'' and inserting ``reasonably believed
at the time of the acquisition or communication'';
(3) in subsection (h)(2)(A)(i)(II), by striking ``known at
the time of the acquisition'' and inserting ``reasonably
believed at the time of the acquisition or communication''; and
(4) in subsection (j)(2)(B)(ii), by striking ``known at the
time of the acquisition'' and inserting ``reasonably believed
at the time of the acquisition or communication''.
SEC. 108. REQUIREMENT OF A FOREIGN INTELLIGENCE PURPOSE.
Section 702(h)(2)(A)(v) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881a(h)(2)(A)(v)) is amended by striking ``a
significant'' and inserting ``the''.
SEC. 109. FOUR-YEAR EXTENSION OF SECTION 702 OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Extension.--Section 403(b) of the FISA Amendments Act of 2008
(Public Law 110-261) is amended--
(1) in paragraph (1) (50 U.S.C. 1881-1881g note), by
striking ``December 31, 2023'' and inserting ``September 30,
2027''; and
(2) in paragraph (2) (18 U.S.C. 2511 note), in the matter
preceding subparagraph (A), by striking ``December 31, 2023''
and inserting ``September 30, 2027''.
(b) Conforming Amendment.--The heading of section 404(b)(1) of the
FISA Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 note)
is amended by striking ``December 31, 2023'' and inserting ``September
30, 2027''.
TITLE II--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978
SEC. 201. COURT SUPERVISION OF COLLECTION TARGETING UNITED STATES
PERSONS AND PERSONS LOCATED INSIDE THE UNITED STATES.
(a) In General.--Title VII of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 50 U.S.C. 1881 et seq.) is amended--
(1) by striking sections 703, 704, and 705 (50 U.S.C.
1881b, 1881c, and 1881d); and
(2) by inserting after section 702 (50 U.S.C. 1881a) the
following:
``SEC. 703. ACQUISITIONS TARGETING UNITED STATES PERSONS AND PERSONS
LOCATED INSIDE THE UNITED STATES.
``(a) Warrant Requirement.--No officer or employee of the United
States may intentionally target any United States person, regardless of
location, or person reasonably believed to be located in the United
States for the purpose of acquiring foreign intelligence information
under circumstances in which the person has a reasonable expectation of
privacy or a warrant would be required if the officer or employee
sought to compel production of the information inside the United States
for law enforcement purposes, unless such person is the subject of--
``(1) an order or emergency authorization under section 105
or 304 of this Act covering the period of the acquisition and
the acquisition is subject to the use, dissemination, querying,
retention, and other minimization limitations required by such
order or authorization; or
``(2) a warrant issued pursuant to the Federal Rules of
Criminal Procedure by a court of competent jurisdiction
covering the period of the acquisition and the acquisition is
subject to the use, dissemination, querying, retention, and
other minimization limitations required by such warrant.
``(b) Pen Register Trap and Trace.--No officer or employee of the
United States may intentionally target any United States person,
regardless of location, or person reasonably believed to be located in
the United States for the purpose of collecting foreign intelligence
information through the installation and use of pen register or trap
and trace device, or to acquire information the compelled production of
which would require a pen register or trap and trace device order if
conducted inside the United States, unless such person is the subject
of--
``(1) an order or emergency authorization under title IV of
this Act covering the period of the acquisition and the
acquisition is subject to the use, dissemination, querying,
retention, and other minimization limitations required by such
authorization; or
``(2) an order has been issued pursuant to section 3123 of
title 18, United States Code, by a court of competent
jurisdiction covering the period of the acquisition.
``(c) Matters Relating to Emergency Acquisition.--In the event that
an emergency acquisition is conducted pursuant to subsection (a)(1) or
(b)(1) and the application for such emergency authorization is denied,
or in any other case in which the acquisition has been conducted and no
order is issued approving the acquisition--
``(1) no information obtained or evidence derived from such
acquisition may be used, received in evidence, or otherwise
disseminated in any investigation, trial, hearing, or other
proceeding in or before any court, grand jury, department,
office, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or political
subdivision thereof; and
``(2) no information concerning any United States person or
person reasonably believed to be located in the United States a
may subsequently be used or disclosed in any other manner
without the consent of such person, except with the approval of
the Attorney General, if the information indicates a threat of
death or serious bodily harm to any person.
``(d) Rule of Construction.--Subsections (a) and (b) shall apply
regardless of the location of the acquisition.''.
(b) Conforming Amendments.--The Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) is further amended--
(1) in section 601(a)(1) (50 U.S.C. 1871(a)(1)--
(A) by striking subparagraphs (D) through (F); and
(B) in subparagraph (B), by striking the semicolon
and inserting ``; or'';
(2) in section 603(b)(1) (50 U.S.C. 1873(b)(1)), in the
matter before subparagraph (A), by striking ``and sections 703
and 704''; and
(3) in section 706 (50 U.S.C. 1881e), by striking
subsection (b).
(c) Clerical Amendment.--The table of contents for such Act is
amended--
(1) by striking the items relating to sections 703, 704,
and 705; and
(2) by inserting after the item relating to section 702 the
following:
``Sec. 703. Acquisitions targeting United States persons and persons
located inside the United States.''.
SEC. 202. REQUIRED DISCLOSURE OF RELEVANT INFORMATION IN FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978 APPLICATIONS.
(a) 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--REQUIRED DISCLOSURE OF RELEVANT INFORMATION
``SEC. 901. DISCLOSURE OF RELEVANT INFORMATION.
``The Attorney General or any other Federal officer or employee
making an application for a court order under this Act shall provide
the court with--
``(1) 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; and
``(2) all information in the possession of the Government
that might reasonably--
``(A) call into question the accuracy of the
application or the reasonableness of any assessment in
the application conducted by the department or agency
on whose behalf the application is made; or
``(B) otherwise raise doubts with respect to the
findings that are required to be made under the
applicable provision of this Act in order for the court
order to be issued.''.
(b) Clerical 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.''.
SEC. 203. CERTIFICATION REGARDING ACCURACY PROCEDURES.
(a) Certification Regarding Accuracy Procedures.--Title IX of the
Foreign Intelligence Surveillance Act of 1978, as added by section 202,
is amended by adding at the end the following:
``SEC. 902. CERTIFICATION REGARDING ACCURACY PROCEDURES.
``(a) Definition of Accuracy Procedures.--In this section, the term
`accuracy procedures' means specific procedures, adopted by the
Attorney General, to ensure that an application for a court order under
this Act, including any application for renewal of an existing order,
is accurate and complete, including procedures that ensure, at a
minimum, that--
``(1) the application reflects all information that might
reasonably call into question the accuracy of the information
or the reasonableness of any assessment in the application, or
otherwise raises doubts about the requested findings;
``(2) the application reflects all material information
that might reasonably call into question the reliability and
reporting of any information from a confidential human source
that is used in the application;
``(3) a complete file documenting each factual assertion in
an application is maintained;
``(4) the applicant coordinates with the appropriate
elements of the intelligence community (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003)),
concerning any prior or existing relationship with the target
of any surveillance, search, or other means of investigation,
and discloses any such relationship in the application;
``(5) before any application targeting a United States
person is made, the applicant Federal officer shall document
that the officer has collected and reviewed for accuracy and
completeness supporting documentation for each factual
assertion in the application; and
``(6) the applicant Federal agency establish compliance and
auditing mechanisms on an annual basis to assess the efficacy
of the accuracy procedures that have been adopted and report
such findings to the Attorney General.
``(b) Statement and Certification of Accuracy Procedures.--Any
Federal officer making an application for a court order under this Act
shall include with the application--
``(1) a description of the accuracy procedures employed by
the officer or the officer's designee; and
``(2) a certification that the officer or the officer's
designee has collected and reviewed for accuracy and
completeness--
``(A) supporting documentation for each factual
assertion contained in the application;
``(B) all information that might reasonably call
into question the accuracy of the information or the
reasonableness of any assessment in the application, or
otherwise raises doubts about the requested findings;
and
``(C) all material information that might
reasonably call into question the reliability and
reporting of any information from any confidential
human source that is used in the application.
``(3) Necessary finding for court orders.--A judge may not
enter an order under this Act unless the judge finds, in
addition to any other findings required under this Act, that
the accuracy procedures described in the application for the
order, as required under subsection (b)(1), are actually
accuracy procedures as defined in this section.''.
(b) Technical Amendment.--The table of contents of the Foreign
Intelligence Surveillance Act of 1978, as amended by section 202, is
amended by inserting after the item relating to section 901 the
following:
``Sec. 902. Certification regarding accuracy procedures.''.
SEC. 204. CLARIFICATION REGARDING TREATMENT OF INFORMATION AND EVIDENCE
ACQUIRED UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978.
(a) In General.--Section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801) is amended by adding at the
end the following:
``(q) For the purposes of notification provisions of this Act,
information or evidence is `derived' from an electronic surveillance,
physical search, use of a pen register or trap and trace device,
production of tangible things, or acquisition under this Act when the
Government would not have originally possessed the information or
evidence but for that electronic surveillance, physical search, use of
a pen register or trap and trace device, production of tangible things,
or acquisition, and regardless of any claim that the information or
evidence is attenuated from the surveillance or search, would
inevitably have been discovered, or was subsequently reobtained through
other means.''.
(b) Policies and Guidance.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General and the
Director of National Intelligence shall publish the following:
(A) Policies concerning the application of
subsection (q) of section 101 of such Act, as added by
subsection (a).
(B) Guidance for all members of the intelligence
community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) and all Federal
agencies with law enforcement responsibilities
concerning the application of such subsection (q).
(2) Modifications.--Whenever the Attorney General and the
Director modify a policy or guidance published under paragraph
(1), the Attorney General and the Director shall publish such
modifications.
SEC. 205. SUNSET ON GRANDFATHER CLAUSE OF SECTION 215 OF THE USA
PATRIOT ACT.
Section 102(b)(2) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note)
is amended by inserting ``, except that title V of the Foreign
Intelligence Surveillance Act of 1978, as in effect on March 14, 2020,
shall continue in effect until the date that is 180 days after the date
of the enactment of the Government Surveillance Reform Act of 2023''
after ``continue in effect''.
SEC. 206. WRITTEN RECORD OF DEPARTMENT OF JUSTICE INTERACTIONS WITH
FOREIGN INTELLIGENCE SURVEILLANCE COURT; PROTECTION
AGAINST JUDGE SHOPPING BY DOJ.
(a) Transcripts of Proceedings.--Subsection (c) of section 103 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is
amended--
(1) by inserting ``, and shall be transcribed'' before the
first period; and
(2) by inserting ``, transcriptions,'' after ``applications
made''.
(b) Written Record of Interactions With Court.--Such section is
further amended by adding at the end the following:
``(l) Written Record of Interactions.--
``(1) Written communications.--The Attorney General shall
maintain all written communications with the court established
under subsection (a), including the identity of the employees
of the court to or from whom the communications were made,
regarding an application or order made under this title in a
file associated with the application or order.
``(2) Oral communications.--The Attorney General shall--
``(A) document a summary of any oral communications
with the court established under subsection (a),
including the identity of the employees of the court to
or from whom the communications were made, relating to
an application or order described in paragraph (1); and
``(B) keep such documentation in a file associated
with the application or order.''.
(c) Extensions of Orders.--Section 105(d)(2) of such Act (50 U.S.C.
1805(d)(2)) is amended by adding at the end the following: ``To the
extent practicable, an extension of an order issued under this title
shall be granted or denied by the same judge who issued the original
order.''.
SEC. 207. APPOINTMENT OF AMICI CURIAE AND ACCESS TO INFORMATION.
(a) Expansion of Appointment Authority.--
(1) In general.--Section 103(i)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)) is
amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) shall appoint at least 1 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 or motion for an order or review,
unless the court issues a written finding that such
application neither presents nor involves--
``(i) a novel or significant interpretation
of the law;
``(ii) a significant concern related to
constitutional rights;
``(iii) a sensitive investigative matter;
``(iv) a request for approval of a new
program, a new technology, or a new use of
existing technology;
``(v) a request for reauthorization of
programmatic surveillance; or
``(vi) any other privacy or civil liberties
issue for which an appointment of an amicus
curiae to assist the court in the consideration
of the application would be appropriate; and'';
(B) in subparagraph (B), by striking ``an
individual or organization'' each place it appears and
inserting ``1 or more individuals or organizations'';
(C) by redesignating subparagraph (B) as
subparagraph (D); and
(D) by inserting after subparagraph (A) the
following:
``(B) shall appoint at least 1 individual who has
been designated under paragraph (1) and who possesses
technical expertise to serve as amicus curiae to assist
such court in the consideration of any application for
an order or review, unless the court issues a written
finding that such application neither presents nor
involves--
``(i) a request for approval of a new
program, a new technology, or a new use of
existing technology;
``(ii) a request for approval of a
previously authorized program, technology, or
use of existing technology for which no prior
application for approval of such program,
technology, or use was considered by the court
with the assistance of an amicus curiae who
possesses technical expertise; or
``(iii) a technical issue material to any
legal determination for which an appointment of
an amicus curiae who possesses technical
expertise to assist the court in the
consideration of the application would be
appropriate;
``(C) shall randomly appoint at least 1 individual
with legal expertise and at least 1 individual with
technical expertise, from among individuals who have
been designated under paragraph (1), to assist the
court in the review of a certification under section
702(j); and''.
(2) Definition of sensitive investigative matter.--Section
103(i) of such Act (50 U.S.C. 1803(i)) is amended by adding at
the end the following:
``(12) Definition of sensitive investigative matter.--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, or an individual serving
on the staff of such an official or candidate;
``(ii) a domestic religious or political
organization, or a known or suspected United
States person prominent in such an
organization; or
``(iii) the domestic news media; or
``(B) any other investigative matter involving a
domestic entity or a known or suspected United States
person 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).''.
(3) Qualifications.--Section 103(i)(3)(A) of such Act (50
U.S.C. 1803(i)(3)(A)) is amended--
(A) by inserting ``cybersecurity, cryptography,''
after ``communications technology,''; and
(B) by adding at the end the following: ``Of such
individuals, at least 1 shall possess legal expertise
and at least 1 shall possess technical expertise.''.
(4) Notification.--Section 103(i) of such Act (50 U.S.C.
1803(i)) is amended by striking paragraph (7) and inserting the
following:
``(7) Notification.--A presiding judge of a court
established under subsection (a) or (b) shall, not less
frequently than quarterly, provide to the Attorney General and
the appropriate committees of Congress--
``(A) a notification of each appointment of an
individual to serve as amicus curiae under paragraph
(2); and
``(B) a copy of each written finding issued under
paragraph (2).''.
(5) Section 702 recertification schedule.--Section
702(j)(5)(A) of such Act (50 U.S.C. 1881a(j)(5)(A)) is amended
by striking ``at least 30 days prior to the expiration of such
authorization'' and inserting ``such number of days, not less
than 30 days, before the expiration of such authorization as
the Court considers necessary to permit review by amici curiae
appointed under section 103(i)(2)(C).''.
(6) Conforming amendments.--Section 103(i) of such Act (50
U.S.C. 1803(i)) is amended--
(A) in paragraph (4), by striking ``amicus curiae
under paragraph (2)(A)'' and inserting ``amicus curiae
under subparagraph (A), (B), or (C) of paragraph (2)'';
and
(B) in paragraph (5), by striking ``appointed under
paragraph (2)(A)'' and inserting ``appointed under
subparagraph (A), (B), or (C) of paragraph (2)''.
(b) Authority To Seek Review.--Section 103(i) of such Act (50
U.S.C. 1803(i)), as amended by subsection (a), is further 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
moving such clauses, as so redesignated, 2 ems to the
right;
(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
privacy or civil liberties interest of any United
States person that would be significantly affected by
the application or motion''; and
(E) by striking the period at the end and inserting
the following: ``; and
``(B) may seek leave to raise any novel or
significant privacy or civil liberties issue relevant
to the application or motion or other issue directly
affecting the legality of the proposed electronic
surveillance with the court, 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) Foreign intelligence surveillance 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 Foreign Intelligence Surveillance
Court to certify for review to Foreign
Intelligence Surveillance Court of Review a
question of law pursuant to subsection (j).
``(ii) Denials.--If the Foreign
Intelligence Surveillance Court denies a
petition described in clause (i), the court
shall provide for the record a written
statement of the reasons for such denial.
``(iii) Certification.--Upon certification
of any question of law pursuant to this
subparagraph, the Foreign Intelligence
Surveillance 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) Foreign intelligence surveillance court of
review decisions.--An amicus curiae appointed under
paragraph (2) may petition the Foreign Intelligence
Surveillance Court of Review to certify for review to
the Supreme Court of the United States any question of
law pursuant to section 1254(2) of title 28, United
States Code.
``(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) of such
Act (50 U.S.C. 1803(i)(6)) is amended--
(A) in subparagraph (A), by striking clauses (i)
and (ii) and inserting the following:
``(i) shall have access to, to the extent
such information is available to the
Government--
``(I) the application,
certification, petition, motion, and
other information and supporting
materials, including any information
described in section 901, 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 other 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.'';
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) Supporting documentation regarding
accuracy.--The Foreign Intelligence Surveillance Court,
upon the motion of an amicus curiae appointed under
paragraph (2) or upon its own motion, may require the
Government to make available the supporting
documentation described in section 902.''.
(2) Clarification of access to certain information.--
Section 103(i)(6) of such Act (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
appointed by the court shall have access to, to the
extent such information is available to the Government,
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) of
such Act (50 U.S.C. 1803(i)(6)), as amended by paragraphs (1)
and (2), is further 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
1 or more of the other individuals designated to serve
as amicus curiae under paragraph (1) regarding any of
the information relevant to any assigned proceeding.''.
SEC. 208. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND
OPINIONS.
Section 602 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1872) is amended by striking subsection (a) and inserting
the following:
``(a) Declassification Required.--
``(1) In general.--Subject to subsection (b), the Director
of National Intelligence, in consultation with the Attorney
General, shall--
``(A) conduct a declassification review of each
decision, order, or opinion issued by the Foreign
Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review (as defined
in section 601(e)) that is described in paragraph (2);
``(B) consistent with that review, make publicly
available to the greatest extent practicable each such
decision, order, or opinion; and
``(C) complete the declassification review required
by subparagraph (A) and public release of each such
decision, order, or opinion pursuant to subparagraph
(B) 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.
``(2) Decision, order, or opinion described.--A decision,
order, or opinion issued by the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance
Court of Review that is described in this paragraph is any such
decision, order, or opinion issued before, on, or after the
date of the enactment of this Act that--
``(A) includes a significant construction or
interpretation of any provision of law, including any
novel or significant construction or interpretation of
any term; or
``(B) has been nominated for a declassification
review by an amicus curiae appointed by the court.''.
SEC. 209. CLARIFICATION OF FOREIGN INTELLIGENCE SURVEILLANCE COURT
JURISDICTION OVER RECORDS OF THE COURT AND OTHER
ANCILLARY MATTERS.
(a) In General.--Section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803), as amended by sections 206
and 207, is further amended--
(1) by adding at the end the following:
``(m) Ancillary Claims.--
``(1) Foreign intelligence surveillance court.--The Foreign
Intelligence Surveillance Court shall have jurisdiction to hear
claims ancillary to any of its own proceedings, including
jurisdiction to hear any claim for access to the court's
records, files, and proceedings under the Constitution of the
United States, statute, common law, or any other authority.
Upon deciding such a claim, such court shall provide
immediately for the record a written statement of the reasons
for such decision. A party may file a petition for review of
such decision with the Foreign Intelligence Surveillance Court
of Review, which shall have jurisdiction to consider such
petition and, upon deciding such petition, shall provide for
the record a written statement of the reasons for its decision.
``(2) Foreign intelligence surveillance court of review.--
The Foreign Intelligence Surveillance Court of Review shall
have jurisdiction to hear claims ancillary to any of its own
proceedings, including jurisdiction to hear any claim for
access to the court's records, files, and proceedings under the
Constitution of the United States, statute, common law, or any
other authority. Upon deciding such a claim, such court shall
provide immediately for the record a written statement of the
reasons for such decision.
``(3) Supreme court review.--A party may file a petition
for a writ of certiorari for review of a decision of the
Foreign Intelligence Surveillance Court of Review under
paragraphs (1) or (2), and the Supreme Court shall have
jurisdiction to review such decision.'';
(2) in subsection (a)(2)(A), in the matter preceding clause
(i), by inserting ``paragraph (1) of subsection (l) of this
section or'' before ``paragraph (4) or (5) of section 702(i)'';
and
(3) in subsection (k)(1), by striking ``section 1254(2) of
title 28'' and inserting ``section 1254 of title 28''.
(b) Technical Corrections.--Section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803), as amended by section (a),
is further amended--
(1) in subsection (a)(2)(A), in the matter preceding clause
(i), by striking ``section 501(f) or''; and
(2) in subsection (e), by striking ``section 501(f)(1) or''
each place it appears.
SEC. 210. GROUNDS FOR DETERMINING INJURY IN FACT IN CIVIL ACTIONS
RELATING TO SURVEILLANCE UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978 OR PURSUANT TO EXECUTIVE
AUTHORITY.
(a) In General.--The Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.), as amended by section 202, is further amended
by adding at the end the following:
``TITLE X--ADDITIONAL MATTERS
``SEC. 1001. CHALLENGES TO GOVERNMENT SURVEILLANCE.
``(a) Definitions.--In this section, the terms `foreign
intelligence information', `person', `United States', and `United
States person' have the meaning given such terms in section 101.
``(b) Injury in Fact.--In any claim in a civil action brought in a
court of the United States relating to the acquisition, copying,
querying, retention, access, or use of information acquired under this
Act or pursuant to any other authority of the executive branch of the
Federal Government, by a United States person or person located inside
the United States, the person asserting the claim has suffered an
injury-in-fact traceable to that conduct if the person--
``(1)(A) regularly communicates foreign intelligence
information with persons who are not United States persons and
who are located outside the United States; and
``(B) has taken or is taking objectively reasonable measures to
avoid the acquisition, copying, querying, retention, access, or use of
the person's information under this Act or pursuant to another
authority of the executive branch of the Federal Government; or
``(2) has a reasonable basis to believe that the person's
rights have been, are being, or imminently will be violated by
an individual acting under color of Federal law.
``(c) Reasonable Basis.--For the purposes of this section, a
reasonable basis exists when the person demonstrates a concrete injury
arising from a good-faith belief that the person's rights have been,
are being, or imminently will be violated through the acquisition,
copying, querying, retention, access, or use of the person's
information under this Act or pursuant to any other authority of the
executive branch of the Federal Government.
``(d) State Secrets Privilege Abrogated.--The state secrets
privilege is abrogated, and the procedure set forth in section 106(f)
shall apply, with respect to any claim where the plaintiff, who is a
United States person or person located in the United States, plausibly
alleges an injury-in-fact relating to the acquisition, copying,
querying, retention, access, or use of information acquired under this
Act or pursuant to another authority of the executive branch of the
Federal Government and plausibly alleges that the acquisition, copying,
querying, retention, access, or use of information violates the
Constitution or laws of the United States.''.
(b) Clerical Amendment.--The table of contents of the Foreign
Intelligence Surveillance Act of 1978, as amended by section 202, is
further amended by adding at the end the following:
``TITLE X--ADDITIONAL MATTERS
``Sec. 1001. Challenges to Government surveillance.''.
SEC. 211. ACCOUNTABILITY PROCEDURES FOR VIOLATIONS BY FEDERAL
EMPLOYEES.
(a) In General.--Title X of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881 et seq.), as added by this title, is
amended by adding at the end the following:
``SEC. 1002. ACCOUNTABILITY PROCEDURES FOR VIOLATIONS BY FEDERAL
EMPLOYEES.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' has the meaning given such
term in section 101.
``(2) Covered agency.--The term `covered agency' means the
Federal Bureau of Investigation, the Central Intelligence
Agency, the National Security Agency, and the National
Counterterrorism Center.
``(3) Covered violation.--The term `covered violation'
means a violation of this Act or Executive Order 12333 (50
U.S.C. 3001 note; relating to United States intelligence
activities), or successor order, by an employee of a covered
agency that results in the inappropriate collection, use,
querying, or dissemination of any communication, record, or
information of a United States person or a person inside the
United States.
``(4) Person, united states, and united states person.--The
terms `person', `United States', and `United States person'
have the meanings given such terms in section 101.
``(b) Accountability Procedures; Designated Investigative Entity.--
The head of each covered agency shall--
``(1) establish procedures to hold employees of the covered
agency accountable for willful, knowing, reckless, and
negligent covered violations; and
``(2)(A) designate an entity within the agency to
investigate possible willful, knowing, reckless, and negligent
covered violations; and
``(B) establish an internal process for the designated entity to
determine culpability for willful, knowing, reckless, and negligent
covered violations.
``(c) Elements.--The procedures established under subsection (b)(1)
shall include the following:
``(1) Centralized tracking of individual employee
performance incidents involving willful, knowing, reckless, and
negligent covered violations, over time.
``(2) Escalating consequences for willful, knowing,
reckless, and negligent covered violations, including--
``(A) consequences for an initial reckless or
negligent covered violation, including, at a minimum--
``(i) suspension of access to information
acquired under this Act or to the dataset that
gave rise to the violation for not less than 90
days; and
``(ii) documentation of the incident in the
personnel file of each employee responsible for
the violation;
``(B) consequences for a second reckless or
negligent covered violation, including, at a minimum--
``(i) suspension of access to information
acquired under this Act or to the dataset that
gave rise to the violation for not less than
180 days; and
``(ii) reassignment of each employee
responsible for the violation;
``(C) consequences for a third reckless or
negligent covered violation, including, at a minimum--
``(i) termination of security clearance;
and
``(ii) reassignment or termination of each
employee responsible for the violation;
``(D) consequences for an initial willful or
knowing covered violation, including, at a minimum--
``(i) suspension of access to information
acquired under this Act or to the dataset that
gave rise to the violation for not less than
180 days; and
``(ii) reassignment of each employee
responsible for the violation; and
``(E) consequences for a second willful or knowing
covered violation, including, at a minimum--
``(i) termination of security clearance;
and
``(ii) reassignment or termination of each
employee responsible for the violation.
``(d) Presumption of Termination.--
``(1) In general.--For purposes of subparagraphs (C)(ii)
and (E)(ii) of subsection (c)(2), there shall be a presumption
in favor of termination of an employee.
``(2) Justification.--If the head of a covered agency
determines not to terminate an employee for a third reckless or
negligent violation under subparagraph (C)(ii) of subsection
(c)(2) or a second willful or knowing violation under
subparagraph (E)(ii) of that subsection, the agency head shall
submit to the appropriate committees of Congress a written
justification for the determination.
``(e) Timing.--If a covered agency determines, through an
investigation, that an employee committed a willful, knowing, reckless,
or negligent covered violation, the agency head shall determine what
consequences to impose on the employee under subsection (c)(2) not
later than 60 days after the conclusion of the investigation.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 1001, as added
by this title, the following:
``Sec. 1002. Accountability procedures for violations by Federal
employees.''.
(c) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the head of each covered agency, as
defined in section 710 of the Foreign Intelligence Surveillance
Act of 1978 (as added by subsection (a)), shall submit to the
appropriate committees of Congress a report detailing--
(A) the procedures established under section 710 of
the Foreign Intelligence Surveillance Act of 1978, as
added by subsection (a); and
(B) a description of any actions taken pursuant to
such procedures.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex to the extent necessary to protect sources and methods.
TITLE III--REFORMS RELATED TO SURVEILLANCE CONDUCTED UNDER EXECUTIVE
ORDER 12333
SEC. 301. DEFINITIONS.
In this title:
(1) Intelligence, intelligence community, and foreign
intelligence.--The terms ``intelligence'', ``intelligence
community'', and ``foreign intelligence'' have the meanings
given such terms in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Electronic surveillance, person, state, united states,
and united states person.--The terms ``electronic
surveillance'', ``person'', ``State'', ``United States'', and
``United States person'' have the meanings given such terms in
section 101 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801).
SEC. 302. PROHIBITION ON WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF
UNITED STATES PERSONS AND PERSONS LOCATED IN THE UNITED
STATES.
(a) In General.--Except as provided in subsections (b) and (c), no
officer or employee of the Federal Government may conduct a query of
information acquired pursuant to Executive Order 12333 (50 U.S.C. 3001
note; relating to United States intelligence activities), or successor
order, in an effort to find communications or information the compelled
production of which would require a probable cause warrant if sought
for law enforcement purposes in the United States of or about 1 or more
United States persons or persons reasonably believed to be located in
the United States at the time of the query or the time of the
communication or creation of the information.
(b) Concurrent Authorization, Consent, and Exception for Emergency
Situations.--
(1) In general.--Subsection (a) shall not apply to a query
relating to United States person or persons reasonably believed
to be located in the United States at the time of the query or
the time of the communication or creation of the information
if--
(A) such persons or person are the subject of an
order or emergency authorization authorizing electronic
surveillance or physical search under section 105 or
304 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805, 1824 ), or a warrant issued
pursuant to the Federal Rules of Criminal Procedure by
a court of competent jurisdiction covering the period
of the query;
(B)(i) the officer or employee carrying out the
query has a reasonable belief that--
(I) an emergency exists involving an
imminent threat of death or serious bodily
harm; and
(II) in order to prevent or mitigate this
threat, the query must be conducted before
authorization pursuant to subparagraph (A) can,
with due diligence, be obtained; and
(ii) a description of the query is provided to the congressional
intelligence committees (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) in a timely manner;
(C) such persons or, if such person is incapable of
providing consent, a third party legally authorized to
consent on behalf of the person, has provided consent
to the query on a case-by-case basis; or
(D)(i) the query uses a known cybersecurity threat
signature as a query term;
(ii) the query is conducted, and the results of the query are used,
for the sole purpose of identifying targeted recipients of malicious
software and preventing or mitigating harm from such malicious
software;
(iii) no additional contents of communications retrieved as a
result of the query are accessed or reviewed; and
(iv) all such queries are reported to the Foreign Intelligence
Surveillance Court.
(2) Limitations.--
(A) Use in subsequent proceedings and
investigations.--No information retrieved pursuant to a
query authorized by paragraph (1)(B) or evidence
derived from such query may be used, received in
evidence, or otherwise disseminated in any
investigation, trial, hearing, or other proceeding in
or before any court, grand jury, department, office,
agency, regulatory body, legislative committee, or
other authority of the United States, a State, or
political subdivision thereof, except in a proceeding
or investigation that arises from the threat that
prompted the query.
(B) Assessment of compliance.--Not less frequently
than annually, the Attorney General shall assess
compliance with the requirements under subparagraphs
(A).
(c) Matters Relating to Emergency Queries.--
(1) Treatment of denials.--In the event that a query for
communications or information the compelled production of which
would require a probable cause warrant if sought for law
enforcement purposes in the United States relating to 1 or more
United States persons or persons reasonably believed to be
located in the United States at the time of the query or the
time of communication, or creation of the information is
conducted pursuant to an emergency authorization described in
subsection (b)(1)(A) and the application for such emergency
authorization is denied, or in any other case in which the
query has been conducted and no order is issued approving the
query--
(A) no information obtained or evidence derived
from such query may be used, received in evidence, or
otherwise disseminated in any investigation, trial,
hearing, or other proceeding in or before any court,
grand jury, department, office, agency, regulatory
body, legislative committee, or other authority of the
United States, a State, or political subdivision
thereof; and
(B) no information concerning any United States
person or person reasonably believed to be located in
the United States at the time of acquisition or the
time of communication or creation of the information
acquired from such query may subsequently be used or
disclosed in any other manner without the consent of
such person, except with the approval of the Attorney
General if the information indicates a threat of death
or serious bodily harm to any person.
(2) Assessment of compliance.--Not less frequently than
annually, the Attorney General shall assess compliance with the
requirements under paragraph (1).
(d) Foreign Intelligence Surveillance Act of 1978.--This section
shall not apply to queries of communications and information collected
pursuant to the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
(e) Foreign Intelligence Purpose.--Except as provided in subsection
(b)(1), no officer or employee of the United States may conduct a query
of information acquired pursuant to Executive Order 12333 (50 U.S.C.
3001 note; relating to United States intelligence activities), or
successor order, in an effort to find information of our about 1 or
more United States persons or persons reasonably believed to be located
in the United States at the time of the query or the time of
communication or creation of the information unless the query is
reasonably likely to retrieve foreign intelligence information.
(f) Documentation.--No officer or employee of the Federal
Government may conduct a query of information acquired pursuant to
Executive Order 12333 (50 U.S.C. 3001 note; relating to United States
intelligence activities), or successor order, in an effort to find
information of or about 1 or more United States persons or persons
reasonably believed to be located in the United States at the time of
the query or the time of the communication or creation of the
information unless first an electronic record is created, and a system,
mechanism, or business practice is in place to maintain such record,
that includes the following:
(1) Each term used for the conduct of the query.
(2) The date of the query.
(3) The identifier of the officer or employee.
(4) A statement of facts showing that the use of each query
term included under paragraph (1) is reasonably likely to
retrieve foreign intelligence information.
(g) Prohibition on Results of Metadata Query as a Basis for Access
to Communications and Other Protected Information.--If a query of
information is conducted in an effort to find communications metadata
of 1 or more United States persons or persons reasonably believed to be
located in the United States at the time of acquisition or
communication and the query returns such information, the results of
the query may not be used as a basis for reviewing communications or
information a query for which is otherwise prohibited under this
sections.
SEC. 303. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND
PERSONS LOCATED IN THE UNITED STATES.
(a) Prohibition on Acquisition.--
(1) Prohibition with exceptions.--No officer or employee of
the United States may intentionally target, pursuant to
Executive Order 12333 (50 U.S.C. 3001 note; relating to United
States intelligence activities), or successor order, any person
if a significant purpose of the acquisition is to target 1 or
more United States persons or persons reasonably believed to be
located in the United States at the time of acquisition,
communication, or the creation of the information as prohibited
by Section 703 of the Foreign Intelligence Surveillance Act of
1978, as added by section 201 of this Act, unless--
(A)(i) there is a reasonable belief that an
emergency exists involving a threat of imminent death
or serious bodily harm to such United States person or
person reasonably believed to be in the United States
at the time of the query or the time of acquisition or
communication;
(ii) the information is sought for the purpose of assisting that
person; and
(iii) a description of the targeting is provided to the
congressional intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) in a timely manner; or
(B) the United States person or persons reasonably
believed to be located in the United States at the time
of acquisition, communication or creation of the
information has provided consent to the targeting, or
if such person is incapable of providing consent, a
third party legally authorized to consent on behalf of
such person has provided consent.
(2) Limitation on exception.--No information acquired
pursuant to paragraph (1)(A) or evidence derived from such
targeting may be used, received in evidence, or otherwise
disseminated in any investigation, trial, hearing, or other
proceeding in or before any court, grand jury, department,
office, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or political
subdivision thereof, except in proceedings or investigations
that arise from the threat that prompted the targeting.
(b) Foreign Intelligence Surveillance Act of 1978 and Criminal
Warrants.--This section shall not apply to--
(1) an acquisition carried out pursuant to both section 702
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a), as amended by section 103 of this Act, and section
703(b)(2) of the Foreign Intelligence Surveillance Act of 1978,
as added by section 201 of this Act;
(2) an acquisition authorized under section 105 or 304 of
the Foreign Intelligence Surveillance act of 1978 (50 U.S.C.
1805 and 1824); or
(3) an acquisition pursuant to a warrant issued pursuant to
the Federal Rules of Criminal Procedure.
SEC. 304. PROHIBITION ON INTELLIGENCE ACQUISITION OF UNITED STATES
PERSON DATA.
(a) Definitions.--In this section:
(1) Covered data.--The term ``covered data'' means data,
derived data, or any unique identifier that--
(A) is linked to or is reasonably linkable to a
covered person; and
(B) does not include data that--
(i) is lawfully available to the public
through Federal, State, or local government
records or through widely distributed media;
(ii) is reasonably believed to have been
voluntarily made available to the general
public by the covered person; or
(iii) is a specific communication or
transaction with a targeted individual who is
not a covered person.
(2) Covered person.--The term ``covered person'' means an
individual who--
(A) is reasonably believed to be located in the
United States at the time of the creation or the time
of acquisition of the covered data; or
(B) is a United States person.
(b) Limitation.--
(1) In general.--Subject to paragraphs (2) through (7), an
element of the intelligence community may not acquire a dataset
that includes covered data.
(2) Authorization pursuant to the foreign intelligence
surveillance act of 1978.--An element of the intelligence
community may acquire covered data if the data has been
authorized for collection pursuant to an order or emergency
authorization pursuant to the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) or the Federal Rules of
Criminal Procedure by a court of competent jurisdiction
covering the period of the acquisition, subject to the use,
dissemination, querying, retention, and other minimization
limitations required by such authorization.
(3) Authorization for employment-related use.--An element
of the intelligence community may acquire covered data about an
employee of, or applicant for employment by, an element of the
intelligence community for employment-related purposes,
provided that--
(A) access to and use of the covered data is
limited to such purposes; and
(B) the covered data is destroyed at such time as
it is no longer necessary for such purposes.
(4) Exception for compliance purposes.--An element of the
intelligence community may acquire covered data for the purpose
of supporting compliance with collection limitations and
minimization requirements imposed by statute, guidelines,
procedures, or the United States Constitution, provided that--
(A) access to and use of the covered data is
limited to such purpose; and
(B) the covered data is destroyed at such time as
it is no longer necessary for such purpose.
(5) Exception for life or safety.--An element of the
intelligence community may acquire covered data if--
(A) there is a reasonable belief that--
(i) an emergency exists involving an
imminent threat of death or serious bodily
harm; and
(ii) in order to prevent or mitigate this
threat, the acquisition must be conducted
before authorization pursuant to paragraph (2)
can, with due diligence, be obtained;
(B) access to and use of the covered data is
limited to addressing the threat;
(C) the covered data is destroyed at such time as
it is no longer necessary for such purpose; and
(D) a description of the acquisition is provided to
the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) in a timely manner.
(6) Exception for consent.--An element of the intelligence
community may acquire covered data if--
(A) each covered person linked or reasonably linked
to the covered data, or, if such person is incapable of
providing consent, a third party legally authorized to
consent on behalf of the person, has provided consent
to the acquisition and use of the data on a case-by-
case basis;
(B) access to and use of the covered data is
limited to the purposes for which the consent was
provided; and
(C) the covered data is destroyed at such time as
it is no longer necessary for such purposes.
(7) Exception for nonsegregable data.--An element of the
intelligence community may acquire a dataset that includes
covered data if the covered data is not reasonably segregable
prior to acquisition, provided that the element of the
intelligence community complies with the minimization
procedures in subsection (c).
(c) Minimization Procedures.--
(1) In general.--The Attorney General shall adopt specific
procedures that are reasonably designed to minimize the
acquisition and retention of covered data that is not subject
to 1 or more of the exceptions set forth in subsection (b).
(2) Acquisition and retention.--The procedures adopted
under paragraph (1) shall require elements of the intelligence
community to exhaust all reasonable means--
(A) to exclude covered data not subject to 1 or
more exceptions set forth in subsection (b) from
datasets prior to acquisition; and
(B) to remove and delete covered data not subject
to 1 or more exceptions set forth in subsection (b)
prior to the operational use of the acquired dataset or
the inclusion of the dataset in a database intended for
operational use.
(3) Destruction.--The procedures adopted under paragraph
(1) shall require that if an element of the intelligence
community identifies covered data acquired in violation of
subsection (b), such covered data shall be promptly destroyed.
(d) Prohibition on Use of Data Obtained in Violation of This
Section.--Covered data acquired by an element of the intelligence
community in violation of subsection (b), and any evidence derived
therefrom, may not be used, received in evidence, or otherwise
disseminated in any investigation, trial, hearing, or other proceeding
in or before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of the
United States, a State, or political subdivision thereof.
(e) Reporting Requirement.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress and the Privacy and Civil Liberties Oversight Board a
report on the acquisition of datasets that the Director
anticipates will contain information of covered persons that is
significant in volume, proportion, or sensitivity.
(2) Contents.--The report submitted pursuant to paragraph
(1) shall include the following:
(A) A description of the covered person information
in each dataset.
(B) An estimate of the amount of covered person
information in each dataset.
(3) Notifications.--After submitting the report required by
paragraph (1), the Director shall, in coordination with the
Under Secretary, notify the appropriate committees of Congress
of any changes to the information contained in such report.
(4) Availability to the public.--The Director shall make
available to the public on the website of the Director--
(A) the unclassified portion of the report
submitted pursuant to paragraph (1); and
(B) any notifications submitted pursuant to
paragraph (3).
(f) Rule of Construction.--Nothing in this section shall authorize
an acquisition otherwise prohibited by this title, the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or
title 18, United States Code.
SEC. 305. PROHIBITION ON THE WARRANTLESS ACQUISITION OF DOMESTIC
COMMUNICATIONS.
(a) In General.--No officer or employee of the United States may
intentionally acquire pursuant to Executive Order 12333 (50 U.S.C. 3001
note; relating to United States intelligence activities), or successor
order, any communication as to which the sender and all intended
recipients are known to be located in the United States at the time of
acquisition or the time of communication except--
(1) as authorized under section 105 or 304 the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805 and
1824); or
(2) if--
(A) there is a reasonable belief that--
(i) an emergency exists involving the
imminent threat of death or serious bodily
harm; and
(ii) in order to prevent or mitigate this
threat, the acquisition must be conducted
before an authorization pursuant to the
provisions of law cited in paragraph (1) can,
with due diligence, be obtained; and
(B) a description of the acquisition is provided to
the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) in a timely manner.
(b) Use in Subsequent Proceedings and Investigations.--No
information acquired pursuant to an emergency described in subsection
(a)(2) or information derived from such acquisition may be used,
received in evidence, or otherwise disseminated in any investigation,
trial, hearing, or other proceeding in or before any court, grand jury,
department, office, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or political subdivision
thereof, except in a proceeding or investigation that arises from the
threat that prompted the acquisition.
SEC. 306. DATA RETENTION LIMITS.
(a) Procedures.--Each head of an element of the Intelligence
Community shall develop and implement procedures governing the
retention of information collected pursuant to Executive Order 12333
(50 U.S.C. 3001 note; relating to United States intelligence
activities), or successor order.
(b) Requirements.--
(1) Covered information defined.--In this subsection, the
term ``covered information'' includes--
(A) any information, including an encrypted
communication, to, from, or pertaining to a United
States person or person reasonably believed to be
located in the United States at the time of
acquisition, communication, or creation of the
information that has been evaluated and is not
specifically known to contain foreign intelligence
information; and
(B) any unevaluated information, unless it can
reasonably be determined that the unevaluated
information does not contain communications to or from,
or information pertaining to a United States person or
person reasonably believed to be located in the United
States at the time of acquisition, communication, or
creation of the information.
(2) In general.--The procedures developed and implemented
pursuant to subsection (a) shall ensure, with respect to
information described in such subsection, that covered
information shall be destroyed within 5 years of collection
unless the Attorney General determines in writing that--
(A) the information is the subject of a
preservation obligation in pending administrative,
civil, or criminal litigation, in which case the
covered information shall be segregated, retained, and
used solely for that purpose and shall be destroyed as
soon as it is no longer required to be preserved for
such litigation; or
(B) the information is being used in a proceeding
or investigation in which the information is directly
related to and necessary to address a specific threat
identified in section 706(a)(2)(B) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1881e(a)(2)(B)), as amended by section 102.
SEC. 307. REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.
Section 511 of the National Security Act of 1947 (50 U.S.C. 3110)
is amended by adding at the end the following:
``(c) Public Availability.--The Director of National Intelligence
shall make each report submitted under subsection (a) publicly
available on an internet website, with such redactions as may be
necessary to protect sources and methods.
``(d) Department of Justice Report.--The Attorney General, in
consultation with the Director of National Intelligence, shall submit
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a version of the report
described in subsection (a) that only addresses violations of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).''.
TITLE IV--INDEPENDENT OVERSIGHT
SEC. 401. INSPECTOR GENERAL OVERSIGHT OF ORDERS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Audit.--Not later than 1 year after the date of the enactment
of this Act, the Inspector General of the Department of Justice and the
Inspector General of each element of the intelligence community shall
each initiate an audit of the applications for court orders made under
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) and directives issued under section 702(i) of such Act by the
Department or the element, respectively.
(b) Scope; Contents.--In conducting an audit under subsection (a)--
(1) an Inspector General shall--
(A) review such sample of applications and
directives described in such subsection as the
Inspector General determines appropriate in order to
carry out the objectives of this section;
(B) assess whether--
(i) adequate safeguards are in place to
ensure that the assertions made in applications
are scrupulously accurate;
(ii) adequate safeguards are in place to
ensure that each application includes all
material information, including any information
that suggests that the court should deny the
application or that the court should include
one or more conditions in an order, as required
under section 901 of the Foreign Intelligence
Surveillance Act of 1978, as added by section
202(a); and
(iii) in the determination of the Inspector
General, there are any other areas of potential
risk or violation; and
(C) make recommendations to address any
deficiencies identified by the Inspector General; and
(2) the Inspector General of the Department of Justice
shall assess the information provided by the Department of
Justice under section 903 and include a determination on the
accuracy and completeness of the information provided under
that section.
(c) Report.--
(1) In general.--For each audit conducted by an Inspector
General under subsection (a), such Inspector General shall
submit to the persons specified in paragraph (2) a report of
the audit, including findings and recommendations of the
Inspector General and any remediations taken by the Department
or element, respectively.
(2) Persons specified.--The persons specified in this
paragraph are the following:
(A) The Attorney General.
(B) The Director of National Intelligence.
(C) The Privacy and Civil Liberties Oversight
Board.
(D) The appropriate committees of Congress.
(E) The Foreign Intelligence Surveillance Court (as
defined in section 601(e) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871(e))).
(F) Any amicus curiae appointed under section
103(i)(2) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1803(i)(2)).
(d) Cooperation.--The Attorney General and head of each element of
the intelligence community shall ensure full and complete cooperation
with the respective Inspector General conducting an audit under
subsection (a), including by providing access to all evidence and
information relevant to the assessments required under subsection
(b)(2), subject to such procedures as are necessary to protect the
national security of the United States.
(e) Availability to the Public.--The Inspector General of each
element of the intelligence community shall each make publicly
available on a website of the relevant element an unclassified version
of any report submitted under subsection (c) by the respective
Inspector General.
SEC. 402. DEPARTMENT OF JUSTICE INSPECTOR GENERAL REVIEW OF HIGH
INTENSITY DRUG TRAFFICKING AREA SURVEILLANCE PROGRAMS.
(a) Definition.--In this section:
(1) Covered hidta surveillance program.--The term ``covered
HIDTA surveillance program'' means a HIDTA surveillance program
in which a non-Federal Government entity provides to law
enforcement agencies access to a database maintained by that
entity containing information on more than 1,000,000 United
States persons or persons in the United States.
(2) HIDTA surveillance program.--The term ``HIDTA
surveillance program'' means a program that--
(A) enables law enforcement agencies to share,
query, receive, or process information on United States
persons;
(B) is operated by, or receives funding from 1 or
more high intensity drug trafficking areas; and
(C) is supported financially, in whole or in part,
with Federal funds.
(3) United states person.--The term ``United States
person'' has the meaning given the term in the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(b) Review.--The Inspector General of the Department of Justice
shall--
(1) in the case of a HIDTA surveillance program established
before the date of the enactment of this Act, conduct a review
of such HIDTA surveillance program--
(A) not later than 180 days after the earlier of--
(i) the date of the enactment of this Act;
or
(ii) the date such HIDTA surveillance
program becomes a covered HIDTA surveillance
program; and
(B) not less frequently than once every 5 years for
as long as such HIDTA surveillance program is a covered
HIDTA surveillance program; and
(2) in the case of a HIDTA surveillance program established
after the date of the enactment of this Act, conduct a review
of such HIDTA surveillance program--
(A) not later than 180 days after the HIDTA
surveillance program becomes a covered HIDTA
surveillance program; and
(B) not less frequently than once every 5 years for
as long as such HIDTA surveillance program is a covered
HIDTA surveillance program.
SEC. 403. INTELLIGENCE COMMUNITY PARITY AND COMMUNICATIONS WITH PRIVACY
AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Whistleblower Protections for Members of Intelligence Community
for Communications With Privacy and Civil Liberties Oversight Board.--
Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is
amended--
(1) in subsection (b)(1), in the matter before subparagraph
(A), by inserting ``the Privacy and Civil Liberties Oversight
Board,'' after ``Inspector General of the Intelligence
Community,''; and
(2) in subsection (c)(1)(A), in the matter before clause
(i), by inserting ``the Privacy and Civil Liberties Oversight
Board,'' after ``Inspector General of the Intelligence
Community,''.
(b) Parity in Pay for Privacy and Civil Liberties Oversight Board
Staff and the Intelligence Community.--Section 1061(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C.
2000ee(j)(1)) is amended by striking ``except that'' and all that
follows through the period at the end and inserting ``except that no
rate of pay fixed under this subsection may exceed the highest amount
paid by any element of the intelligence community for a comparable
position, based on salary information provided to the chairman of the
Board by the Director of National Intelligence.''.
SEC. 404. CONGRESSIONAL OVERSIGHT OF GRANTS OF IMMUNITY BY THE ATTORNEY
GENERAL FOR WARRANTLESS SURVEILLANCE ASSISTANCE.
(a) In General.--Section 2511(2)(a) of title 18, United States
Code, is amended by adding at the end the following:
``(iv) Not later than 30 days after providing a certification
described in clause (B) of the first sentence of subparagraph (ii) to a
provider of wire or electronic communication service, an officer,
employee, or agent thereof, a landlord, a custodian, or another person,
the person providing the certification shall submit the certification
to the appropriate committees of Congress, as defined in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).''.
(b) Ongoing Programs.--
(1) Definitions.--In this subsection--
(A) the term ``appropriate committees of Congress''
has the meaning given that term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801), as amended by section 2 of this Act;
(B) the terms ``electronic communication'',
``electronic communication service'', and ``wire
communication'' have the meanings given such terms in
section 2510 of title 18, United States Code; and
(C) the term ``ongoing certification'' means a
certification described in clause (B) of the first
sentence of section 2511(2)(a)(ii) of title 18, United
States Code, pursuant to which a provider of wire or
electronic communication service, an officer, employee,
or agent thereof, a landlord, a custodian, or another
person is providing information, facilities, or
technical assistance on the date of enactment of this
Act.
(2) Submission.--Not later than 90 days after the date of
enactment of this Act, the person that provided an ongoing
certification to a provider of wire or electronic communication
service, an officer, employee, or agent thereof, a landlord, a
custodian, or another person shall submit the ongoing
certification to the appropriate committees of Congress.
TITLE V--REFORMS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986
SEC. 501. WARRANT PROTECTIONS FOR LOCATION INFORMATION, WEB BROWSING
RECORDS, AND SEARCH QUERY RECORDS.
(a) Historical Location, Web Browsing, and Search Queries.--
(1) In general.--Section 2703 of title 18, United States
Code, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by striking
``Contents of Wire or Electronic
Communications'' and inserting ``Location
Information, Web Browsing Records, Search Query
Records, or Contents of Wire or Electronic
Communications''; and
(ii) in the first sentence, by inserting
``location information, a web browsing record,
a search query record, or'' before ``the
contents of a wire''; and
(B) in subsection (c)(1), in the matter preceding
subparagraph (A), by inserting ``location information,
a web browsing record, a search query record, or''
before ``the contents''.
(2) Definition.--Section 2711 of title 18, United States
Code, is amended--
(A) in the matter preceding paragraph (1), by
inserting ``(a) In General.--'' before ``As used'';
(B) in subsection (a), as so designated--
(i) in paragraph (3)(C), by striking
``and'' at the end;
(ii) in paragraph (4), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(5) the term `location information' means information
derived or otherwise calculated from the transmission or
reception of a radio signal that reveals the approximate or
actual geographic location of a customer, subscriber, user, or
device;
``(6) the term `web browsing record'--
``(A) means a record that reveals, in part or in
whole, the identity of a service provided by an online
service provider, or the identity of a customer,
subscriber, user, or device, for any attempted or
successful communication or transmission between an
online service provider and such a customer,
subscriber, user, or device;
``(B) includes a record that reveals, in part or in
whole--
``(i) the domain name, uniform resource
locator, internet protocol address, or other
identifier for a service provided by an online
service provider with which a customer,
subscriber, user, or device has exchanged or
attempted to exchange a communication or
transmission; or
``(ii) the network traffic generated by an
attempted or successful communication or
transmission between a service provided by an
online service provider and a customer,
subscriber, user, or device; and
``(C) does not include a record that reveals
information about an attempted or successful
communication or transmission between a known service
and a particular, known customer, subscriber, user, or
device, if the record is maintained by the known
service and is limited to revealing additional
identifying information about the particular, known
customer, subscriber, user, or device;
``(7) the term `search query record'--
``(A) means a record that reveals a query term or
instruction submitted, in written, verbal, or other
format, by a customer, subscriber, user, or device to
any service provided by an online service provider,
including a search engine, voice assistant, chat bot,
or navigation service; and
``(B) includes a record that reveals the response
provided by any service provided by an online service
provider to a query term or instruction by a customer,
subscriber, user, or device;''; and
(C) by adding at the end the following:
``(b) Rule of Construction.--Nothing in this section or section
2510 shall be construed to mean that a record may not be more than 1 of
the following types of record:
``(1) The contents of a communication.
``(2) Location information.
``(3) A web browsing record.
``(4) A search query record.''.
(b) Real-Time Surveillance of Location Information.--
(1) In general.--Section 3117 of title 18, United States
Code, is amended--
(A) in the section heading, by striking ``Mobile
tracking devices'' and inserting ``Tracking orders'';
(B) by striking subsection (b);
(C) by redesignating subsection (a) as subsection
(c);
(D) by inserting before subsection (c), as so
redesignated, the following:
``(a) In General.--No officer or employee of a governmental entity
may install or direct the installation of a tracking device, except
pursuant to a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures and, in the case of a court-
martial or other proceeding under chapter 47 of title 10 (the Uniform
Code of Military Justice), issued under section 846 of that title, in
accordance with regulations prescribed by the President) by a court of
competent jurisdiction.
``(b) Emergencies.--
``(1) In general.--Subject to paragraph (2), the
prohibition under subsection (a) does not apply in a instance
in which an investigative or law enforcement officer reasonably
determines that--
``(A) a circumstance described in subparagraph (i),
(ii), or (iii) of section 2518(7)(a) exists; and
``(B) there are grounds upon which a warrant could
be issued to authorize the installation of the tracking
device.
``(2) Application deadline.--If a tracking device is
installed under the authority under paragraph (1), an
application for a warrant shall be made within 48 hours after
the installation.
``(3) Termination absent warrant.--In the absence of a
warrant, use of a tracking device under the authority under
paragraph (1) shall immediately terminate when the
investigative information sought is obtained or when the
application for the warrant is denied, whichever is earlier.
``(4) Limitation.--In the event an application for a
warrant described in paragraph (2) is denied, or in any other
case where the use of a tracking device under the authority
under paragraph (1) is terminated without a warrant having been
issued, the information obtained shall be treated as having
been obtained in violation of this section, and an inventory
describing the installation and use of the tracking device
shall be served on the person named in the warrant
application.'';
(E) in subsection (c), as so redesignated--
(i) in the subsection heading, by striking
``In General'' and inserting ``Jurisdiction'';
(ii) by striking ``or other order'';
(iii) by striking ``mobile'';
(iv) by striking ``such order'' and
inserting ``such warrant''; and
(v) by adding at the end the following:
``For purposes of this subsection, the
installation of a tracking device occurs within
the jurisdiction in which the device is
physically located when the installation is
complete.''; and
(F) by adding at the end the following:
``(d) Definitions.--As used in this section--
``(1) the term `computer' has the meaning given that term
in section 1030(e);
``(2) the terms `court of competent jurisdiction' and
`governmental entity' have the meanings given such terms in
section 2711;
``(3) the term `installation of a tracking device' means,
whether performed by an officer or employee of a governmental
entity or by a provider at the direction of a governmental
entity--
``(A) the physical placement of a tracking device;
``(B) the remote activation of the tracking
software or functionality of a tracking device; or
``(C) the acquisition of a radio signal transmitted
by a tracking device; and
``(4) the term `tracking device' means an electronic or
mechanical device which permits the tracking of the movement of
a person or object, including a phone, wearable device,
connected vehicle, or other computer owned, used, or possessed
by the target of surveillance.''.
(2) Conforming amendments.--
(A) The table of sections for chapter 205 of title
18, United States Code, is amended by striking the item
relating to section 3117 and inserting the following:
``3117. Tracking orders.''.
(B) Section 2510(12)(C) of title 18, United States
Code, is amended to read as follows:
``(C) a communication from a lawfully installed
tracking device (as defined in section 3117 of this
title), if--
``(i) the tracking device is physically
placed; or
``(ii) the tracking software or
functionality of the tracking device is
remotely activated and the communication is
transmitted by the tracking software or
functionality as a result of the remote
activation; or''.
(c) Prospective Surveillance of Web Browsing Records and Location
Information.--Section 2703 of title 18, United States Code, is amended
by adding at the end the following:
``(i) Prospective Disclosure of Web Browsing Records.--
``(1) In general.--A governmental entity may require the
prospective disclosure by an online service provider of a web
browsing record only pursuant to a warrant issued using the
procedures described in subsection (a).
``(2) Time restrictions.--A warrant requiring the
prospective disclosure by an online service provider of web
browsing records may require disclosure of web browsing records
for only a period as is necessary to achieve the objective of
the disclosure, not to exceed 30 days from issuance of the
warrant. Extensions of such a warrant may be granted, but only
upon satisfaction of the showings necessary for issuance of the
warrant in the first instance.
``(j) Prospective Disclosure of Location Records.--A governmental
entity may require the prospective disclosure by an online service
provider of location information only pursuant to a warrant issued
using the procedures described in subsection (a), that satisfies the
restrictions imposed on warrants for tracking devices imposed by
section 3117 of this title and rule 41 of the Federal Rules of Criminal
Procedure.''.
SEC. 502. CONSISTENT PROTECTIONS FOR PHONE AND APP-BASED CALL AND
TEXTING RECORDS.
Section 2703(c)(2)(C) of title 18, United States Code, is amended
by striking ``local and long distance telephone connection records,
or''.
SEC. 503. EMAIL PRIVACY ACT.
(a) Short Title.--This section may be cited as the ``Email Privacy
Act''.
(b) Voluntary Disclosure Corrections.--Section 2702 of title 18,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``while in electronic
storage by that service'' and inserting ``that
is in electronic storage with or otherwise
stored, held, or maintained by that service'';
(B) in paragraph (2)--
(i) by striking ``to the public'';
(ii) by striking ``divulge'' and inserting
``disclose''; and
(iii) by striking ``which is carried or
maintained on that service'' and inserting
``that is stored, held, or maintained by that
service''; and
(C) in paragraph (3)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``a provider of'' and
inserting ``a person or entity providing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``wire or electronic'' before
``communication'';
(B) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of
such communication, to the subscriber or customer on whose
behalf the provider stores, holds, or maintains such
communication, or to an agent of such addressee, intended
recipient, subscriber, or customer;''; and
(C) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee,
or intended recipient of such communication, or of the
subscriber or customer on whose behalf the provider stores,
holds, or maintains such communication;'';
(3) in subsection (c) by inserting ``wire or electronic''
before ``communications'';
(4) in each of subsections (b) and (c), by striking
``divulge'' and inserting ``disclose''; and
(5) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) with the lawful consent of the subscriber or
customer;''.
(c) Amendments to Required Disclosure Section.--Section 2703 of
title 18, United States Code, as amended by this Act, is amended--
(1) in subsection (a)--
(A) by striking ``A governmental entity'' and
inserting ``Except as provided in subsections (l) and
(m), a governmental entity'';
(B) by striking ``pursuant to'' and inserting ``if
the governmental entity obtains''; and
(C) by striking ``by a court of competent
jurisdiction.'' and inserting ``that is issued by a
court of competent jurisdiction and that may indicate
the date by which the provider must make the disclosure
to the governmental entity. In the absence of a date on
the warrant indicating the date by which the provider
must make disclosure to the governmental entity, the
provider shall promptly respond to the warrant.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``A governmental
entity'' and inserting ``Except as
provided in subsections (l) and (m), a
governmental entity''; and
(II) by striking ``only when the
governmental entity--'' and inserting
``only--''
(ii) in subparagraph (A)--
(I) by striking ``obtains a warrant
issued'' and inserting ``if the
governmental entity obtains a
warrant'';
(II) by striking ``by the
President) by a court'' and inserting
the following: ``by the President)
that--
``(i) is issued by a court'';
(III) by inserting ``and'' after
``jurisdiction;''; and
(IV) by adding at the end the
following:
``(ii) may indicate the date by which the online
service provider must make the disclosure to the
governmental entity;'';
(iii) in subparagraph (B), by inserting
``if the governmental entity'' before
``obtains'';
(iv) in subparagraph (C), by striking ``has
the consent of the subscriber or customer to
such disclosure;'' and inserting ``with the
lawful consent of the subscriber or customer;
or'';
(v) by striking subparagraph (D);
(vi) by redesignating subparagraph (E) as
subparagraph (D);
(vii) in subparagraph (D), as so
redesignated, by striking ``seeks information''
and inserting ``as otherwise authorized''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, in response to an
administrative subpoena authorized by Federal
or State statute, a grand jury, trial, or civil
discovery subpoena, or any means available
under paragraph (1),'' after ``shall''; and
(ii) in the matter following subparagraph
(F), by striking ``of a subscriber'' and all
that follows and inserting ``of a subscriber or
customer of such online service provider.'';
(3) in subsection (d)--
(A) by striking ``the contents of a wire or
electronic communication, or'';
(B) by striking ``sought,'' and inserting
``sought''; and
(C) by striking ``section'' and inserting
``subsection''; and
(4) by adding after subsection (j), as added by section
501(c) of this Act, the following:
``(k) Notice.--Except as provided in section 2705, an online
service provider may notify a subscriber or customer of a receipt of a
warrant, court order, subpoena, or request under subsection (a), (c),
or (d) of this section.
``(l) Rule of Construction Related to Legal Process.--Nothing in
this section or in section 2702 shall limit the authority of a
governmental entity to use an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil discovery
subpoena, or a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) by a court of competent
jurisdiction to--
``(1) require an originator, addressee, or intended
recipient of a wire or electronic communication that is not
acting as an online service provider with regard to that wire
or electronic communication to disclose a wire or electronic
communication (including the contents of that communication) to
the governmental entity;
``(2) require a person or entity that provides an
electronic communication service to the officers, directors,
employees, or agents of the person or entity (for the purpose
of carrying out their duties) to disclose a wire or electronic
communication (including location information, a web browsing
record, a search query record, or the contents of that
communication) to or from the person or entity itself or to or
from an officer, director, employee, or agent of the entity to
a governmental entity, if the wire or electronic communication
is stored, held, or maintained on an electronic communications
system owned, operated, or controlled by the person or entity;
or
``(3) require an online service provider to disclose a wire
or electronic communication (including the contents of that
communication) that advertises or promotes a product or service
and that has been made readily accessible to the general
public.
``(m) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of
inquiry vested in the Congress by article I of the Constitution of the
United States, including the authority to compel the production of a
wire or electronic communication (including location information, a web
browsing record, a search query record, or the contents of a wire or
electronic communication) that is stored, held, or maintained by an
online service provider.''.
(d) Warrant Requirement for Stored Communications Content.--
(1) In general.--Section 2703 of title 18, United States
Code, is amended--
(A) in subsection (a)--
(i) by striking ``, that is in electronic
storage in an electronic communications system
for one hundred and eighty days or less,''; and
(ii) by striking the last sentence;
(B) by striking subsection (b) and inserting the
following:
``(b) [Repealed].''; and
(C) in subsection (d) by striking ``(b) or''.
(2) Conforming amendments.--Chapter 121 of title 18, United
States Code, is amended--
(A) in the table of sections, by striking the item
relating to section 2704;
(B) in section 2701(c)(3), by striking ``, 2704'';
(C) by striking section 2704; and
(D) in section 2706(a), by striking ``, 2703, or
2704'' and inserting ``or 2703''.
SEC. 504. CONSISTENT PROTECTIONS FOR DEMANDS FOR DATA HELD BY
INTERACTIVE COMPUTING SERVICES.
(a) Definition.--Subsection (a) of section 2711 of title 18, United
States Code, as so designated and amended by section 501 of this Act,
is amended by adding at the end the following:
``(8) the term `online service provider' means a provider
of electronic communication service, a provider of remote
computing service, or a provider of an interactive computer
service (as defined in section 230(f) of the Communications Act
of 1934 (47 U.S.C. 230(f))); and''.
(b) Required Disclosure.--Section 2703 of title 18, United States
Code, is amended--
(1) in subsection (a), in the first sentence, by striking
``a provider of electronic communication service'' and
inserting ``an online service provider'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``a provider of
electronic communication service or remote computing
service'' and inserting ``an online service provider'';
and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``A provider of
electronic communication service or remote computing
service'' and inserting ``An online service provider'';
and
(3) in subsection (g), by striking ``a provider of
electronic communications service or remote computing service''
and inserting ``an online service provider''.
SEC. 505. CONSISTENT PROTECTIONS FOR REAL-TIME AND HISTORICAL METADATA.
Chapter 206 of title 18, United States Code, is amended--
(1) in section 3122(b)(2), by striking ``that the
information likely to be obtained is relevant'' and inserting
``providing specific and articulable facts showing there are
reasonable grounds to believe that the information likely to be
obtained is relevant and material''; and
(2) in section 3123(a)--
(A) in paragraph (1), in the first sentence--
(i) by striking ``the court shall enter''
and inserting ``the court may enter''; and
(ii) by striking ``certified to the court
that the information likely to be obtained by
such installation and use is relevant'' and
inserting ``submitted a certification providing
specific and articulable facts showing there
are reasonable grounds to believe that the
information likely to be obtained by such
installation and use is relevant and
material''; and
(B) in paragraph (2)--
(i) by striking ``the court shall enter''
and inserting ``the court may enter''; and
(ii) by striking ``certified to the court
that the information likely to be obtained by
such installation and use is relevant'' and
inserting ``submitted a certification providing
specific and articulable facts showing there
are reasonable grounds to believe that the
information likely to be obtained by such
installation and use is relevant and
material''.
SEC. 506. SUBPOENAS FOR CERTAIN SUBSCRIBER INFORMATION.
Section 2703(c)(2) of title 18, United States Code, is amended, in
the matter following subparagraph (F), as amended by section 503(c) of
this Act, by inserting ``with respect to whom the governmental entity
identifies the name, address, temporarily assigned network address, or
account identifier (such as a user name)'' before the period at the
end.
SEC. 507. MINIMIZATION STANDARDS FOR VOLUNTARY DISCLOSURE OF CUSTOMER
COMMUNICATIONS OR RECORDS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue and make
publicly available minimization procedures applicable to disclosures to
a Federal agency under paragraph (5) or (8) of subsection (b) or
paragraph (3) or (4) of subsection (c) of section 2702 of title 18,
United States Code.
(b) Contents.--The procedures issued under subsection (a) shall
include provisions to--
(1) limit, to the greatest extent possible, the
acquisition, use, and dissemination of the contents of
communication and records and other information to that which
is required for the specific purpose for which the disclosure
was intended;
(2) to the greatest extent possible, remove personally
identifiable information prior to acquisition;
(3) to the extent personally identifiable information
cannot be removed prior to acquisition, mask such information
prior to its use or dissemination, consistent with the purpose
for which the disclosure was intended; and
(4) ensure that no contents of communications or records or
other information are retained by the agency to which the
disclosure was made, or any agency to which the contents of
communications or records or other information were disclosed,
after the completion of the investigation or action for which
the disclosure was intended.
SEC. 508. PROHIBITION ON LAW ENFORCEMENT PURCHASE OF PERSONAL DATA FROM
DATA BROKERS.
Section 2702 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Prohibition on Obtaining in Exchange for Anything of Value
Personal Data by Law Enforcement Agencies.--
``(1) Definitions.--In this subsection and subsection (f)--
``(A) the term `covered governmental entity' means
a law enforcement agency of a governmental entity;
``(B) the term `covered organization' means a
person who--
``(i) is not a governmental entity; and
``(ii) is not an individual;
``(C) the term `covered person' means an individual
who--
``(i) is reasonably believed to be located
inside the United States at the time of the
creation of the covered personal data; or
``(ii) is a United States person, as
defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1801);
``(D) the term `covered personal data' means
personal data relating to a covered person;
``(E) the term `electronic device' has the meaning
given the term `computer' in section 1030(e);
``(F) the term `lawfully obtained public data'
means personal data obtained by a particular covered
organization that the covered organization--
``(i) reasonably understood to have been
voluntarily made available to the general
public by the covered person; and
``(ii) obtained in compliance with all
applicable laws, regulations, contracts,
privacy policies, and terms of service;
``(G) the term `obtain in exchange for anything of
value' means to obtain by purchasing, to receive in
connection with services being provided for monetary or
nonmonetary consideration, or to otherwise obtain in
exchange for consideration, including an access fee,
service fee, maintenance fee, or licensing fee; and
``(H) the term `personal data'--
``(i) means data, derived data, or any
unique identifier that is linked to, or is
reasonably linkable to, an individual or to an
electronic device that is linked to, or is
reasonably linkable to, 1 or more individuals
in a household;
``(ii) includes anonymized data that, if
combined with other data, can be linked to, or
is reasonably linkable to, an individual or to
an electronic device that identifies, is linked
to, or is reasonably linkable to 1 or more
individuals in a household; and
``(iii) does not include data that is
lawfully available through Federal, State, or
local government records or through widely
distributed media.
``(2) Limitation.--
``(A) In general.--
``(i) Prohibition.--Subject to clauses (ii)
through (vii), a covered governmental entity
may not obtain in exchange for anything of
value covered personal data if--
``(I) the covered personal data is
directly or indirectly obtained from a
covered organization; or
``(II) the covered personal data is
derived from covered personal data that
was directly or indirectly obtained
from a covered organization.
``(ii) Exception for certain compilations
of data.--A covered governmental entity may
obtain in exchange for something of value
covered personal data as part of a larger
compilation of data which includes personal
data about persons who are not covered persons,
if--
``(I) the covered governmental
entity is unable through reasonable
means to exclude covered personal data
from the larger compilation obtained;
and
``(II) the covered governmental
entity minimizes any covered personal
data from the larger compilation, in
accordance with subsection (f).
``(iii) Exception for whistleblower
disclosures to law enforcement.--Clause (i)
shall not apply to covered personal data that
is obtained by a covered governmental entity
under a program established by an Act of
Congress under which a portion of a penalty or
a similar payment or bounty is paid to an
individual who discloses information about an
unlawful activity to the Government, such as
the program authorized under section 7623 of
the Internal Revenue Code of 1986 (relating to
awards to whistleblowers in cases of
underpayments or fraud).
``(iv) Exception for cost reimbursement
under compulsory legal process.--Clause (i)
shall not apply to covered personal data that
is obtained by a covered governmental entity
from a covered organization in accordance with
compulsory legal process that--
``(I) is established by a Federal
or State statute; and
``(II) provides for the
reimbursement of costs of the covered
organization that are incurred in
connection with providing the record or
information to the covered governmental
entity, such as the reimbursement of
costs under section 2706.
``(v) Exception for employment-related
use.--Clause (i) shall not apply to covered
personal data about an employee of, or
applicant for employment by, a covered
governmental entity that is--
``(I) obtained by the covered
governmental entity for employment-
related purposes;
``(II) accessed and used by the
covered governmental entity only for
employment-related purposes; and
``(III) destroyed at such time as
the covered personal data is no longer
needed for employment-related purposes.
``(vi) Exception for use in background
checks.--Clause (i) shall not apply to covered
personal data about a covered person that is--
``(I) obtained by a covered
governmental entity for purposes of
conducting a background check of the
covered person with the written consent
of the covered person;
``(II) accessed and used by the
covered governmental entity only for
background check-related purposes; and
``(III) destroyed at such time as
the covered personal data is no longer
needed for background check-related
purposes.
``(vii) Exception for lawfully obtained
public data.--Clause (i) shall not apply to
covered personal data that is obtained by a
covered governmental entity if--
``(I) the covered personal data is
lawfully obtained public data; or
``(II) the covered personal data is
derived from covered personal data that
solely consists of lawfully obtained
public data.
``(B) Indirectly acquired records and
information.--The limitation under subparagraph (A)
shall apply without regard to whether the covered
organization possessing the covered personal data is
the covered organization that initially obtained or
collected, or is the covered organization that
initially received the disclosure of, the covered
personal data.
``(3) Limit on sharing between agencies.--An agency of a
governmental entity that is not a covered governmental entity
may not provide to a covered governmental entity covered
personal data that was obtained in a manner that would violate
paragraph (2) if the agency of a governmental entity were a
covered governmental entity.
``(4) Prohibition on use as evidence by covered
governmental entities.--
``(A) In general.--Covered personal data obtained
by or provided to a covered governmental entity in
violation of paragraph (2) or (3), and any evidence
derived therefrom, may not be used, received in
evidence, or otherwise disseminated by, on behalf of,
or upon a motion or other action by a covered
governmental entity in any investigation, trial,
hearing, or other proceeding by, in, or before any
court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other
authority of the United States, a State, or a political
subdivision thereof.
``(B) Use by aggrieved parties.--Nothing in
subparagraph (A) shall be construed to limit the use of
covered personal data by a covered person aggrieved of
a violation of paragraph (2) or (3) in connection with
any action relating to such a violation.
``(f) Minimization Procedures.--
``(1) In general.--The Attorney General shall adopt
specific procedures that are reasonably designed to minimize
the acquisition and retention, and to restrict the querying, of
covered personal data, and prohibit the dissemination of
information derived from covered personal data.
``(2) Acquisition and retention.--The procedures adopted
under paragraph (1) shall require covered governmental entities
to exhaust all reasonable means--
``(A) to exclude covered personal data that is not
subject to 1 or more of the exceptions set forth in
clauses (iii) through (vii) of subsection (e)(2)(A)
from the data obtained; and
``(B) to remove and delete covered personal data
described in subparagraph (A) after a compilation is
obtained and before operational use of the compilation
or inclusion of the compilation in a dataset intended
for operational use.
``(3) Destruction.--The procedures adopted under paragraph
(1) shall require that, if a covered governmental entity
identifies covered personal data in a compilation described in
paragraph (2)(B), the covered governmental entity shall
promptly destroy the covered personal data and any
dissemination of information derived from the covered personal
data shall be prohibited.
``(4) Querying.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no officer or employee of a
covered governmental entity may conduct a query of
personal data, including personal data already
subjected to minimization, in an effort to find records
of or about a particular covered person.
``(B) Exceptions.--Subparagraph (A) shall not apply
to a query related to a particular covered person if--
``(i) such covered person is the subject of
a court order issued under this title that
would authorize the covered governmental entity
to compel the production of the covered
personal data, during the effective period of
that order;
``(ii) the officer or employee of a covered
governmental entity carrying out the query has
a reasonable belief that the life or safety of
such covered person is threatened and the
information is sought for the purpose of
assisting that person, in which case
information resulting from the query may be
accessed or used solely for that purpose and
shall be destroyed at such time as it is no
longer necessary for such purpose; or
``(iii) such covered person has consented
to the query.
``(C) Special rule for compilations of data.--For a
query of a compilation of data obtained under
subsection (e)(2)(A)(ii)--
``(i) each query shall be reasonably
designed to exclude personal data of covered
persons; and
``(ii) any personal data of covered persons
returned pursuant to a query shall not be
reviewed and shall immediately be destroyed.''.
SEC. 509. CONSISTENT PRIVACY PROTECTIONS FOR DATA HELD BY DATA BROKERS.
Section 2703 of title 18, United States Code, as amended by section
503 of this Act, is amended by adding at the end the following:
``(n) Covered Personal Data.--
``(1) Definitions.--In this subsection, the terms `covered
personal data' and `covered organization' have the meanings
given such terms in section 2702(e).
``(2) Limitation.--Unless a governmental entity obtains an
order in accordance with paragraph (3), the governmental entity
may not require a covered organization that is not an online
service provider to disclose covered personal data if a court
order would be required for the governmental entity to require
an online service provider to disclose such covered personal
data that is a record of a customer or subscriber of the online
service provider.
``(3) Orders.--
``(A) In general.--A court may only issue an order
requiring a covered organization that is not an online
service provider to disclose covered personal data on
the same basis and subject to the same limitations as
would apply to a court order to require disclosure by
an online service provider.
``(B) Standard.--For purposes of subparagraph (A),
a court shall apply the most stringent standard under
Federal statute or the Constitution of the United
States that would be applicable to a request for a
court order to require a comparable disclosure by an
online service provider of a customer or subscriber of
the online service provider.''.
SEC. 510. PROTECTION OF DATA ENTRUSTED TO INTERMEDIARY OR ANCILLARY
SERVICE PROVIDERS.
(a) Definition.--Subsection (a) of section 2711 of title 18, United
States Code, as so designated and amended by sections 501 and 504 of
this Act, is amended by adding at the end the following:
``(9) the term `intermediary or ancillary service provider'
means an entity or facilities owner or operator that directly
or indirectly delivers, transmits, stores, or processes
communications or any other covered personal data (as defined
in section 2702(e) of this title) for, or on behalf of, an
online service provider.''.
(b) Prohibition.--Section 2702(a) of title 18, United States Code,
is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)(B), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) an intermediary or ancillary service provider may not
knowingly disclose--
``(A) to any person or entity the contents of a
communication while in electronic storage by that
intermediary or ancillary service provider; or
``(B) to any governmental entity a record or other
information pertaining to a subscriber to or customer
of, a recipient of a communication from a subscriber to
or customer of, or the sender of a communication to a
subscriber to or customer of, the online service
provider for, or on behalf of, which the intermediary
or ancillary service provider directly or indirectly
delivers, transmits, stores, or processes
communications or any other covered personal data (as
defined in subsection (e)).''.
SEC. 511. MODERNIZING CRIMINAL SURVEILLANCE REPORTS.
(a) Reports Concerning Access to Customer Communications or
Records.--
(1) In general.--Section 2703 of title 18, United States
Code, as amended by section 509 of this Act, is amended by
adding at the end the following:
``(o) Reports Concerning Access to Customer Communications or
Records.--
``(1) In general.--In January of each year, any judge who
has issued an order under this section or a warrant to obtain
records described in this section, or who has denied approval
of an application under this section during the preceding year,
shall report to the Administrative Office of the United States
Courts--
``(A) the fact that the order or warrant was
applied for;
``(B) the type of records sought in the order or
warrant;
``(C) whether the order or warrant was--
``(i) granted as applied for;
``(ii) granted as modified; or
``(iii) denied;
``(D) the subsection of this section under which
the application for the order or warrant was filed;
``(E) the nature of the offense or criminal
investigation that was the basis for the application
for the order or warrant;
``(F) the name of each provider of electronic
communication service or remote computing service
served with the order or warrant, if so granted; and
``(G) the investigative or law enforcement agency
that submitted the application.
``(2) Public report.--In June of each year, the Director of
the Administrative Office of the United States Courts shall
publish on the website of the Administrative Office of the
United States Courts and include in the report required under
section 2519(3)--
``(A) a full and complete report concerning the
number of applications for orders or warrants requiring
the disclosure of, during the preceding calendar year--
``(i) the contents of wire or electronic
communications in electronic storage under
subsection (a); and
``(ii) records concerning electronic
communication service or remote computer
service under subsection (c);
``(B) the number of orders and warrants granted or
denied under this section during the preceding calendar
year; and
``(C) a detailed summary and analysis of each
category of data required to be filed with the
Administrative Office of the United States Courts under
paragraph (1).
``(3) Format.--Not later than 180 days after the date of
enactment of the Government Surveillance Reform Act of 2023,
the Director of the Administrative Office of the United States
Courts shall, in consultation with the National Institute of
Standards and Technology, the Administrator of General
Services, the Electronic Public Access Public User Group,
private entities offering electronic case management software,
the National Center for State Courts, and the National American
Indian Court Judges Association, publish a machine readable
form that shall be used for any report required under paragraph
(1).
``(4) Regulations.--The Director of the Administrative
Office of the United States Courts may issue binding
regulations with respect to the content and form of the reports
required under paragraph (1).''.
(2) Technical and conforming amendment.--Section 2519(3) of
title 18, United States Code, is amended, in the first
sentence, by inserting ``publish on the website of the
Administrative Office of the United States Courts and'' before
``transmit''.
(b) Reports Concerning Pen Registers and Trap and Trace Devices.--
Section 3126 of title 18, United States Code, is amended to read as
follows:
``Sec. 3126. Reports concerning pen registers and trap and trace
devices
``(a) In General.--In January of each year, any judge who has
issued an order (or an extension thereof) under section 3123 that
expired during the preceding year, or who has denied approval of an
installation and use of a pen register or trap and trace device during
that year, shall report to the Administrative Office of the United
States Courts--
``(1) the fact that an order or extension was applied for;
``(2) the kind of order or extension applied for;
``(3) the fact that the order or extension was granted as
applied for, was modified, or was denied;
``(4) the period of installation and use of a pen register
or trap and trace device authorized by the order, and the
number and duration of any extensions of the order;
``(5) the offense specified in the order or application, or
extension of an order;
``(6) the precise nature of the facilities affected and the
precise nature of the information sought; and
``(7) the investigative or law enforcement agency that
submitted the application.
``(b) Public Report.--In June of each year, the Director of the
Administrative Office of the United States Courts shall publish on the
website of the Administrative Office of the United States Courts and
include in the report required under section 2519(3)--
``(1) a full and complete report concerning--
``(A) the number of applications for orders
authorizing or approving the installation and use of a
pen register or trap and trace device pursuant to this
chapter; and
``(B) the number of orders and extensions granted
or denied pursuant to this chapter during the preceding
calendar year; and
``(2) a detailed summary and analysis of each category of
data required to be reported under subsection (a).
``(c) Format.--Not later than 180 days after the date of enactment
of the Government Surveillance Reform Act of 2023, the Director of the
Administrative Office of the United States Courts shall, in
consultation with the National Institute of Standards and Technology
and the Administrator of General Services, private entities offering
electronic case management software, the National Center for State
Courts, and the National American Indian Court Judges Association,
publish a machine readable form that shall be used for any report
required under subsection (a).
``(d) Regulations.--The Director of the Administrative Office of
the United States Courts may issue binding regulations with respect to
the content and form of the reports required under subsection (a).''.
(c) Reporting of Voluntary Disclosures.--Section 2702(d) of title
18, United States Code, is amended--
(1) in the heading, by striking ``Emergency'' and inserting
``Voluntary'';
(2) in the matter preceding paragraph (1), by inserting
``and publish on the website of the Department of Justice''
after ``Senate''; and
(3) in paragraph (1)--
(A) by striking ``the Department of Justice'' and
inserting ``each Federal agency''; and
(B) by striking ``subsection (b)(8)'' and inserting
``paragraph (5) or (8) of subsection (b) or paragraph
(3) or (4) of subsection (c), broken down by each such
paragraph'';
(4) in paragraph (2)(A)--
(A) by striking ``Department of Justice'' and
inserting ``Federal agency''; and
(B) by striking ``subsection (b)(8)'' and inserting
``paragraph (5) or (8) of subsection (b) or paragraph
(3) or (4) of subsection (c)''; and
(5) by striking paragraph (3).
TITLE VI--REGULATION OF GOVERNMENT SURVEILLANCE USING CELL SITE
SIMULATORS, GENERAL PROHIBITION ON PRIVATE, NON-RESEARCH USE
SEC. 601. CELL SITE SIMULATORS.
(a) Prohibition.--Chapter 205 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3119. Cell-site simulators
``(a) General Prohibition of Use.--
``(1) In general.--Except as provided in subsection (d), it
shall be unlawful--
``(A) for any individual or entity to knowingly use
a cell-site simulator in the United States; or
``(B) for an element of the intelligence community
to use a cell-site simulator outside the United States
if the subject of the surveillance is a United States
person.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to authorize a law enforcement agency of a
governmental entity to use a cell-site simulator outside the
United States.
``(b) Penalty.--Any individual or entity that violates subsection
(a)(1) shall be fined not more than $250,000.
``(c) Prohibition of Use as Evidence.--
``(1) In general.--Except as provided in paragraph (2), no
information acquired through the use of a cell-site simulator
in violation of subsection (a)(1), and no evidence derived
therefrom, may be used, received in evidence, or otherwise
disseminated in any investigation, trial, hearing, or other
proceeding by, in, or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or a political
subdivision thereof.
``(2) Exception for enforcement.--Information acquired
through the use of a cell-site simulator in violation of
subsection (a)(1) by a person, and evidence derived therefrom,
may be used, received in evidence, or otherwise disseminated in
any investigation trial, hearing, or other proceeding described
in paragraph (1) of this subsection relating to the alleged
violation of subsection (a)(1) in connection with such use.
``(d) Exceptions.--
``(1) In general.--
``(A) Warrant.--
``(i) In general.--Subsection (a)(1) shall
not apply to the use of a cell-site simulator
by a law enforcement agency of a governmental
entity under a warrant issued--
``(I) in accordance with this
subparagraph; and
``(II) using the procedures
described in, and in accordance with
the requirements for executing and
returning a warrant under, the Federal
Rules of Criminal Procedure (or, in the
case of a State court, issued using
State warrant and execution and return
procedures and, in the case of a court-
martial or other proceeding under
chapter 47 of title 10 (the Uniform
Code of Military Justice), issued under
section 846 of that title and in
accordance with the requirements for
executing and returning such a warrant,
in accordance with regulations
prescribed by the President) by a court
of competent jurisdiction.
``(ii) Requirements.--A court may issue a
warrant described in clause (i) (except, with
respect to a State court, to the extent use of
a cell-site simulator by a law enforcement
agency of a governmental entity is prohibited
by the law of the State) only if the law
enforcement agency--
``(I) demonstrates that other
investigative procedures, including
electronic location tracking methods
that solely collect records of the
investigative target--
``(aa) have been tried and
have failed; or
``(bb) reasonably appear to
be--
``(AA) unlikely to
succeed if tried; or
``(BB) too
dangerous;
``(II) specifies the likely area of
effect of the cell-site simulator to be
used and the time that the cell-site
simulator will be in operation;
``(III) certifies that the
requested area of effect and time of
operation are the narrowest reasonably
possible to obtain the necessary
information; and
``(IV) demonstrates that the
requested use of a cell-site simulator
would be in compliance with applicable
provisions of the Communications Act of
1934 (47 U.S.C. 151 et seq.) and the
rules of the Federal Communications
Commission.
``(iii) Considerations.--In considering an
application for a warrant described in clause
(i), the court shall--
``(I) consider--
``(aa) the number of
individuals impacted;
``(bb) the nature of any
communications to be obtained;
and
``(cc) the type of
activities in which users of an
electronic device are engaged;
``(II) direct the law enforcement
agency of the governmental entity to
take steps to ensure heightened
protections for constitutionally
protected activities and to minimize
the collection of information relating
to individuals who are not the subject
of the warrant;
``(III) weigh the need of the
government to enforce the law and
apprehend criminals against the
likelihood and impact of any potential
negative side effects, including those
disclosed by the government under
subparagraph (C); and
``(IV) not grant a request for a
warrant that would put public safety at
risk or unreasonably inconvenience the
community.
``(iv) Period of initial authorization.--No
warrant described in clause (i) may authorize
the use of a cell site simulator for any period
longer than is necessary to achieve the
objective of the authorization, nor in any
event for longer than 30 days.
``(v) Extensions.--
``(I) In general.--A court may
grant extensions of a warrant described
in clause (i), but only upon
application for an extension made in
accordance with clause (i) and the
court considering the factors described
in clause (iii) and determining the
requirements under clause (ii) are met.
``(II) Period of extension.--The
period of an extension of a warrant
shall be no longer than the authorizing
judge determines necessary to achieve
the purposes for which the extension
was granted, nor in any event for
longer than 30 days.
``(vi) Termination provision.--Each warrant
described in clause (i), and each extension
thereof, shall contain a provision that the
authorization to use the cell site simulator
shall be executed as soon as practicable and
shall terminate upon attainment of the
authorized objective, or in any event in 30
days.
``(vii) Start of 30-day periods.--The 30-
day periods described in clauses (iv), (v)(II),
and (vi) shall begin on the earlier of--
``(I) the date on which a law
enforcement agency first begins to use
the cell site simulator as authorized
by the warrant, or extension thereof;
or
``(II) the date that is 10 days
after the warrant, or extension
thereof, is issued.
``(B) Emergency.--
``(i) In general.--Subject to clause (ii),
subsection (a)(1) shall not apply to the use of
a cell-site simulator by a law enforcement
agency of a governmental entity, or use of a
cell-site simulator as part of assistance
provided by a component of the Department of
Defense or an Armed Force to such a law
enforcement agency, if--
``(I) the governmental entity
reasonably determines an emergency
exists that--
``(aa) involves--
``(AA) immediate
danger of death or
serious physical injury
to any person;
``(BB)
conspiratorial
activities
characteristic of
organized crime; or
``(CC) an immediate
threat to a national
security interest; and
``(bb) requires use of a
cell-site simulator before a
warrant described in
subparagraph (A) can, with due
diligence, be obtained; and
``(II) except in an instance in
which the governmental entity is trying
to locate a lost or missing person,
locate someone believed to have been
abducted or kidnaped, or find victims,
dead or alive, in an area where a
natural disaster, terrorist attack, or
other mass casualty event has taken
place--
``(aa) there are grounds
upon which a warrant described
in subparagraph (A) could be
entered to authorize such use;
and
``(bb) the governmental
entity applies for a warrant
described in subparagraph (A)
approving such use not later
than 48 hours after such use
begins, and takes such steps to
expedite the consideration of
such application as may be
possible.
``(ii) Termination of emergency use.--
``(I) In general.--A law
enforcement agency of a governmental
entity shall immediately terminate use
of a cell-site simulator under clause
(i) of this subparagraph at the earlier
of the time the information sought is
obtained or the time the application
for a warrant described in subparagraph
(A) is denied.
``(II) Warrant denied.--If an
application for a warrant described in
clause (i)(II)(bb) is denied--
``(aa) any information or
evidence derived from use of
the cell-site simulator shall
be subject to subsection (c);
``(bb) the attorney for the
governmental entity submitting
the application shall--
``(AA) retain,
until the date that is
1 year after the date
of the denial, a single
copy of any information
or evidence derived
from use of the cell-
site simulator for
potential use by a
person about whose
electronic device the
government obtained
information with the
cell site simulator,
which may not be used
for any other purpose;
and
``(BB) promptly
destroy any other
copies of such
information or
evidence; and
``(cc) the applicable law
enforcement agency shall serve
notice in accordance with
subparagraph (D).
``(C) Disclosures required in application.--In any
application for a warrant authorizing the use of a
cell-site simulator under subparagraph (A) or (B), the
governmental entity shall include the following:
``(i) A disclosure of any potential
disruption of the ability of the subject of the
surveillance or bystanders to use commercial
mobile radio services or private mobile
services, including using advanced
communications services, to make or receive, as
applicable--
``(I) emergency calls (including 9-
1-1 calls);
``(II) calls to the universal
telephone number within the United
States for the purpose of the national
suicide prevention and mental health
crisis hotline system under designated
under paragraph (4) of section 251(e)
of the Communications Act of 1934 (47
U.S.C. 251(e));
``(III) calls to the nationwide
toll-free number for the poison control
centers established under section 1271
of the Public Health Service Act (42
U.S.C. 300d-71);
``(IV) calls using
telecommunications relay services; or
``(V) any other communications or
transmissions.
``(ii) A certification that the specific
model of the cell-site simulator to be used has
been inspected by a third party that is an
accredited testing laboratory recognized by the
Federal Communications Commission to verify the
accuracy of the disclosure under clause (i).
``(iii) A disclosure of the methods and
precautions that will be used to minimize
disruption, including--
``(I) any limit on the length of
time the cell-site simulator can be in
continuous operation; and
``(II) any user-defined limit on
the transmission range of the cell-site
simulator.
``(iv) A disclosure as to whether the cell-
site simulator will be used in an area or at a
gathering where constitutionally protected
activity, including speech or religious
observance, will occur.
``(v) A disclosure as to whether sensitive
matters, such as attorney-client
communications, political campaign or political
party deliberations, medical information, or
communications among elected political
representatives of a State or the Federal
Government, will be implicated.
``(vi) A disclosure as to the estimated
number of individuals whose communications,
electronic device, or location information will
be implicated.
``(D) Notice.--
``(i) In general.--Notice regarding the use
of a cell-site simulator shall include an
inventory, containing--
``(I) the fact of the entry of the
warrant or the application;
``(II) the date of the entry and
the period of authorized, approved or
disapproved use of a cell-site
simulator, or the denial of the
application;
``(III) whether, during the
period--
``(aa) information about
their electronic device was, or
was not, obtained by the
government;
``(bb) their location was,
or was not, tracked; and
``(cc) their communications
were, or were not, intercepted;
and
``(IV) confirmation that all
information unrelated to the individual
towards whom the warrant was directed
has been destroyed.
``(ii) Provision of notice to other
parties.--The court issuing a warrant
authorizing the use of a cell-site simulator
may also require that notice be provided to
other persons not named in the application,
whose electronic devices the governmental
entity obtained information with the cell site
simulator.
``(2) Foreign intelligence surveillance.--Use of a cell-
site simulator by an element of the intelligence community
shall not be subject to subsection (a)(1) if it is conducted in
a manner that is in accordance with title I of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
(including testing or training authorized under paragraph (1)
or (3) of section 105(g) of such Act (50 U.S.C. 1805(g))
(including such testing or training conducted in conjunction
with a component of the Department of Defense or an Armed
Force), if any information obtained during such testing or
training (including metadata) is destroyed after its use for
such testing or training).
``(3) Research.--Subsection (a)(1) shall not apply to the
use of a cell-site simulator in order to engage, in good-faith,
in research or teaching by a person that is not--
``(A) a law enforcement agency of a governmental
entity;
``(B) an element of the intelligence community; or
``(C) acting as an agent thereof.
``(4) Protective services.--
``(A) In general.--Subsection (a)(1) shall not
apply to the use of a cell-site simulator in the
performance of protective duties pursuant to section
3056 of this title or as otherwise authorized by law.
``(B) Prohibition on use as evidence.--No
information acquired through the use of a cell-site
simulator under the authority under subparagraph (A),
and no evidence derived therefrom, may be used,
received in evidence, or otherwise disseminated in any
investigation, trial, hearing, or other proceeding by,
in, or before any court, grand jury, department,
officer, agency, regulatory body, legislative
committee, or other authority of the United States, a
State, or a political subdivision thereof.
``(C) No bar to other authorized use.--Nothing in
subparagraph (A) or (B) shall be construed to prohibit
the United States Secret Service from using a cell-site
simulator in accordance with a provision of this
section other than subparagraph (A).
``(5) Contraband interdiction by correctional facilities.--
Subsection (a)(1) shall not apply to the use of a contraband
interdiction system if the correctional facility or the entity
operating the contraband interdiction system for the benefit of
the correctional facility--
``(A) has--
``(i) taken reasonable steps to restrict
transmissions by the contraband interdiction
system to cellular devices physically located
within the property of the correctional
facility;
``(ii) posted signs around the correctional
facility informing visitors and staff that the
correctional facility employs such a contraband
interdiction system; and
``(iii) complied with any relevant
regulations promulgated by the Federal
Communications Commission and, as applicable,
policies issued by the National
Telecommunications and Information
Administration;
``(B) annually tests and evaluates compliance with
subparagraph (A) in accordance with best practices,
which shall be issued by the Federal Communications
Commission; and
``(C) not later than 10 business days after
identifying an issue relating to the use of the
contraband interdiction system, whether in the course
of normal business operations or conducting testing and
evaluation, submits to the Federal Communications
Commission a report describing the issues identified
and the steps taken to address the issues.
``(6) Testing and training by law enforcement.--Subsection
(a)(1) shall not apply to the use of a cell-site simulator by a
law enforcement agency of a governmental entity in the normal
course of official duties that is not targeted against the
communications of any particular person or persons, under
procedures approved by the Attorney General, solely to--
``(A) test the capability of electronic equipment,
if--
``(i) it is not reasonable to obtain the
consent of the persons incidentally subjected
to the surveillance;
``(ii) the test is limited in extent and
duration to that necessary to determine to
capability of the equipment;
``(iii) any information obtained during
such testing (including metadata) is retained
and used only for the purpose of determining
the capability of the equipment, is disclosed
only to test personnel, and is destroyed before
or immediately upon completion of the test; and
``(iv) the test is for a period of not
longer than 90 days, unless the law enforcement
agency obtains the prior approval of the
Attorney General; or
``(B) train law enforcement personnel in the use of
electronic surveillance equipment, if--
``(i) it is not reasonable to--
``(I) obtain the consent of the
persons incidentally subjected to the
surveillance;
``(II) train persons in the course
of otherwise authorized law enforcement
activities; or
``(III) train persons in the use of
such equipment without engaging in
surveillance;
``(ii) such surveillance is limited in
extent and duration to that necessary to train
the personnel in the use of the equipment; and
``(iii) any information obtained during
such training (including metadata) is destroyed
after its use for such training.
``(7) FCC testing.--Subsection (a)(1) shall not apply to
the use of a cell-site simulator by the Federal Communications
Commission, or an accredited testing laboratory recognized by
the Federal Communications Commission, in order to test the
cell-site simulator.
``(8) Rule of construction.--Nothing in this subsection
shall be construed to exempt a State or local government from
complying with regulations promulgated by the Federal
Communications Commission, including the requirement to obtain
authorization to transmit on spectrum regulated by the Federal
Communications Commission.
``(e) Limit on Certain Use Not Conducted Pursuant to Warrants and
Orders.--The use of a cell-site simulator under subsection (d)(1)(B) of
this section (which shall not include such a use by a component of the
Department of Defense or an Armed Force providing assistance to a law
enforcement agency of a governmental entity under such subsection
(d)(1)(B)), under section 105(e) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(e)), or under clause (i) or
(ii) of section 102(a)(1)(A) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1802(a)(1)(A)) may only be carried out lawfully
using a specific model of a cell-site simulator for which the
disclosures required under clauses (i) and (ii) of subsection (d)(1)(C)
were included with respect to the specific model in connection with--
``(1) for use by an element of the intelligence community
under title I of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), an application for an order
under such Act that was approved; or
``(2) for use by a law enforcement agency of a governmental
entity, an application for a warrant--
``(A) under the Federal Rules of Criminal Procedure
that was approved by a judge of the judicial district
in which the law enforcement agency intends to use the
cell-site simulator; or
``(B) using State warrant procedures that was
approved by a judge of the State in which the law
enforcement agency intends to use the cell-site
simulator.
``(f) Minimization.--
``(1) In general.--The Attorney General shall adopt
specific procedures that are reasonably designed to minimize
the acquisition and retention, provide for the destruction, and
prohibit the dissemination, of information obtained through the
use of a cell-site simulator under an exception under paragraph
(1) or (2) of subsection (d) that pertains to any person who is
not an authorized subject of the use.
``(2) Publication.--The Attorney General shall make
publicly available on the website of the Department of Justice
the procedures adopted under paragraph (1) and any revisions to
such procedures.
``(3) Use by agencies.--If a law enforcement agency of a
governmental entity or element of the intelligence community
acquires information pertaining to a person who is not an
authorized subject of the use of a cell-site simulator under an
exception under paragraph (1) or (2) of subsection (d), the law
enforcement agency or element of the intelligence community
shall--
``(A) minimize the acquisition and retention, and
prohibit the dissemination, of the information in
accordance with the procedures adopted under paragraph
(1); and
``(B) destroy the information (including metadata)
at the earliest possible opportunity.
``(g) Disclosure to Defendant.--Any information acquired through
the operation of a cell-site simulator, or derived from such
information, including the fact that the information was obtained or
derived, as the case may be, from a cell-site simulator, shall be
disclosed to the defendant in any action in which the information is
introduced into evidence.
``(h) Scope of Collection.--
``(1) Authorized use.--Information collected under this
section may only include information identifying nearby
electronic devices communicating with the cell-site simulator
and the strength and direction of transmissions from those
electronic devices.
``(2) Compliance with wiretapping requirements to obtain
contents.--In the case of any interception of a wire or
electronic communication by the cell-site simulator--
``(A) with respect to an interception by a law
enforcement agency of a governmental entity, the
provisions of chapter 119 shall apply in addition to
the provisions of this section; and
``(B) with respect to an interception by an element
of the intelligence community targeted against a United
States person or person located in the United States,
the element of the intelligence community may only
conduct the surveillance using the cell-site simulator
in accordance with an order authorizing the use issued
in accordance with title I of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), in
addition to complying with the provisions of this
section.
``(3) Compliance with tracking device requirements.--
``(A) In general.--If a cell-site simulator is to
be used by a law enforcement agency of a governmental
entity to locate or track the movement of a person or
object, the provisions of section 3117 and rule 41 of
the Federal Rules of Criminal Procedure shall apply in
addition to the provisions of this section.
``(B) Court.--For purposes of applying section 3117
and rule 41 of the Federal Rules of Criminal Procedure
to the use of a cell-site simulator, a Federal court
may authorize such use within the jurisdiction of the
court, and outside that jurisdiction if--
``(i) the use commences within that
jurisdiction; or
``(ii) at the time the application is
presented to the court, the governmental entity
certifies that it has probable cause to believe
that the target is physically located within
that jurisdiction.
``(i) Civil Action.--Any person subject to an unlawful operation of
a cell-site simulator may bring a civil action for appropriate relief
(including declaratory and injunctive relief, actual damages, statutory
damages of not more than $500 for each violation, and attorney fees)
against the person, including a governmental entity, that conducted
that unlawful operation.
``(j) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any of its
departments or agencies has violated any provision of this section, and
the court or appropriate department or agency finds that the
circumstances surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate department or
agency promptly initiate a proceeding to determine whether disciplinary
action against the officer or employee is warranted. If the head of the
department or agency involved determines that disciplinary action is
not warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide
the Inspector General with the reasons for such determination.
``(k) Definitions.--As used in this section--
``(1) the terms defined in section 2711 have, respectively,
the definitions given such terms in that section;
``(2) the term `advanced communications services' has the
meaning given that term in section 3 of the Communications Act
of 1934 (47 U.S.C. 153);
``(3) the term `cell-site simulator' means any device that
functions as or simulates a base station for commercial mobile
services or private mobile services in order to identify,
locate, or intercept transmissions from cellular devices for
purposes other than providing ordinary commercial mobile
services or private mobile services;
``(4) the term `commercial mobile radio service' has the
meaning given that term in section 20.3 of title 47, Code of
Federal Regulations, or any successor thereto;
``(5) the term `contraband interdiction system' means any
device that functions as or simulates a base station for
commercial mobile services or private mobile services for
purposes of identifying, locating, or intercepting
transmissions from contraband cellular devices in correctional
facilities;
``(6) the term `derived' means, with respect to information
or evidence, that the government would not have originally
possessed the information or evidence but for the use of a
cell-site simulator, and regardless of any claim that the
information or evidence is attenuated from the surveillance
would inevitably have been discovered, or was subsequently
reobtained through other means;
``(7) the term `electronic communication' has the meaning
given that term in section 2510;
``(8) the term `electronic device' has the meaning given
the term `computer' in section 1030(e);
``(9) the term `emergency call' has the meaning given that
term in section 6001 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401);
``(10) the term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003);
``(11) the term `mitigation' means the deletion of all
information collected about a person who is not the subject of
the warrant or investigation;
``(12) the term `private mobile service' has the meaning
given that term in section 332 of the Communications Act of
1934 (47 U.S.C. 332);
``(13) the term `telecommunications relay service' has the
meaning given that term in section 225 of the Communications
Act of 1934 (47 U.S.C. 225); and
``(14) the term `United States person' has the meaning
given that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).''.
(b) Foreign Intelligence Surveillance Act of 1978 Requirements.--
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) is amended--
(1) in section 101 (50 U.S.C. 1801), as amended by section
203 of this Act, by adding at the end the following:
``(r) `Cell-site simulator' has the meaning given that term in
section 3119 of title 18, United States Code.'';
(2) in section 102(a) (50 U.S.C. 1802(a)), by adding at the
end the following:
``(5) The Government may only use a cell-site simulator pursuant to
the authority under clause (i) or (ii) of paragraph (1)(A) without
obtaining an order under this title authorizing such use if the
Government has implemented measures that are reasonably likely to limit
the collection activities to--
``(A) means of communications used exclusively between or
among foreign powers, as defined in paragraph (1), (2), or (3)
of section 101(a); or
``(B) property or premises under the open and exclusive
control of a foreign power, as defined in paragraph (1), (2),
or (3) of section 101(a).''; and
(3) in section 105 (50 U.S.C. 1805), by adding at the end
the following:
``(k)(1) A judge having jurisdiction under section 103 may issue an
order under this section that authorizes the use of a cell-site
simulator only if the applicant--
``(A) demonstrates that other investigative procedures,
including electronic location tracking methods that solely
collect records of the investigative target--
``(i) have been tried and have failed; or
``(ii) reasonably appear to be--
``(I) unlikely to succeed if tried; or
``(II) too dangerous;
``(B) specifies the likely area of effect of the cell-site
simulator to be used and the time that the cell-site simulator
will be in operation;
``(C) certifies that the requested area of effect and time
of operation are the narrowest reasonably possible to obtain
the necessary information;
``(D) specifies the procedures in place to ensure that
information unrelated to the target of the application will be
promptly destroyed; and
``(E) demonstrates that the requested use of a cell-site
simulator would be in compliance with applicable provisions of
the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the
rules of the Federal Communications Commission.
``(2) In any application for an order under this section
authorizing the use of a cell-site simulator, the applicant shall
include the following:
``(A) A disclosure of any potential disruption of the ability of
the subject of the surveillance or bystanders to use commercial mobile
radio services or private mobile services, including using advanced
communications services, to make or receive, as applicable--
``(i) emergency calls (including 9-1-1 calls);
``(ii) calls to the universal telephone number within the United
States for the purpose of the national suicide prevention and mental
health crisis hotline system under designated under paragraph (4) of
section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e));
``(iii) calls to the nationwide toll-free number for the poison
control centers established under section 1271 of the Public Health
Service Act (42 U.S.C. 300d-71);
``(iv) calls using telecommunications relay services; or
``(v) any other communications or transmissions.
``(B) A certification that the specific model of the cell-site
simulator to be used has been inspected by a third party that is an
accredited testing laboratory recognized by the Federal Communications
Commission to verify the accuracy of the disclosure under paragraph
(1).
``(C) A disclosure of the methods and precautions that will be used
to minimize disruption, including--
``(i) any limit on the length of time the cell-site simulator can
be in continuous operation; and
``(ii) any user-defined limit on the transmission range of the
cell-site simulator.
``(D) A disclosure as to whether the cell-site simulator will be
used in an area or at a gathering where constitutionally protected
activity, including speech or religious observation, will occur.
``(E) A disclosure as to whether sensitive matters, such as
attorney-client communications, political campaign or political party
deliberations, medical information, or communications among elected
political representatives of a State or the Federal Government, will be
implicated.
``(F) A disclosure as to the estimated number of individuals whose
communications, devices, or location information will be implicated.
``(3) In considering an application for an order under this section
that authorizes the use of a cell-site simulator, the court shall--
``(A) consider--
``(i) the number of individuals impacted;
``(ii) the nature of any communications to be obtained; and
``(iii) the type of activities in which users of an electronic
device (as defined in section 3119(k) of title 18, United States Code)
are engaged;
``(B) direct the Government to take steps to ensure heightened
protections for constitutionally protected activities and to minimize
the collection of any information relating to individuals for whom the
Government has not established probable cause as to their status as a
foreign power or an agent of a foreign power;
``(C) weigh the need of the Government to obtain the information
sought against the likelihood and impact of any potential negative side
effects, including those disclosed by the Government under paragraph
(2); and
``(D) not grant a request for an order that would put public safety
at risk or unreasonably inconvenience the community.''.
(c) Conforming Amendment.--Section 3127 of title 18, United States
Code, is amended--
(1) in paragraph (3) by striking ``but such term does not
include any'' and inserting ``except such term does not include
any cell-site simulator, as that term is defined in section
3119, or''; and
(2) in paragraph (4) by striking ``of any communication''
and inserting ``of any communication, except such term does not
include any cell-site simulator, as that term is defined in
section 3119''.
(d) Inspector General Reports.--
(1) Definition.--In this subsection, the term ``covered
Federal entity'' means--
(A) a law enforcement agency of a department or
agency of the Federal Government; and
(B) an element of the intelligence community (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)).
(2) Reports.--The Inspector General of the Department of
Justice, the Inspector General of the Department of Homeland
Security, the Inspector General of the Department of Defense,
and the Inspector General of the Intelligence Community shall
annually submit to Congress a joint report, and publish an
unclassified version of the report on the website of each such
inspector general, on--
(A) the overall compliance of covered Federal
entities with this title and the amendments made by
this title;
(B) the number of applications by covered Federal
entities for use of a cell-site simulator that were
applied for and the number that were granted;
(C) the number of emergency uses of a cell-site
simulator under section 3119(d)(1)(B) of title 18,
United States Code, as added by this title;
(D) the number of such emergency uses for which a
court subsequently issued a warrant authorizing the use
and the number of such emergency uses in which an
application for a warrant was denied;
(E) the number of devices that were targeted with a
cell-site simulator, which shall be provided separately
for targeting conducted pursuant to a warrant or court
order and targeting conducted pursuant to an authority
to use a cell-site simulator without a warrant or
order;
(F) the number of devices that were not the target
of the use of a cell-site simulator about which
information was obtained with the cell-site simulator,
which shall--
(i) be provided separately for use
conducted pursuant to a warrant or court order
and use conducted pursuant to an authority to
use a cell-site simulator without a warrant or
order; and
(ii) include the number of such devices
about which the information was not destroyed
as a result of the minimization requirements
under section 3119(f) of title 18, United
States Code, as added by this section, which
shall be provided separately for use conducted
pursuant to a warrant or court order and use
conducted pursuant to an authority to use a
cell-site simulator without a warrant or order;
(G) which components of a law enforcement agency of
a department or agency of the Federal Government are
using cell-site simulators and how many are available
to that component; and
(H) instances in which a law enforcement agency of
a department or agency of the Federal Government made
cell-site simulators available to a State or unit of
local government.
(3) Form of reports.--Each report submitted under paragraph
(2) shall be submitted in unclassified form, but may include a
classified annex.
(e) FCC Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Federal Communications Commission
shall initiate any proceeding that may be necessary to
promulgate or modify regulations promulgated by the Federal
Communications Commission to implement this title and the
amendments made by this title.
(2) Construction.--Nothing in this title or an amendment
made by this title shall be construed to expand or contract the
authority of the Federal Communications Commission.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a), (b), (c), and (d) of this section, and the
amendments made by such subsections, shall apply on and after
the date that is 2 years after the date of enactment of this
Act.
(2) Exceptions.--
(A) Definition.--In this paragraph, the term
``cell-site simulator'' has the meaning given that term
in section 3119 of title 18, United States Code, as
added by subsection (a).
(B) Extension for existing cell-site simulators.--
For any model of a cell-site simulator in use before
the date of enactment of this Act, including such use
in a contraband interdiction system at a correctional
facility, if the Attorney General certifies that
additional time is necessary to obtain independent
tests of the model of cell-site simulator, subsections
(a), (b), (c), and (d) of this section, and the
amendments made by such subsections, shall apply to the
use of the model of cell-site simulator on and after
the date that is 3 years after the date of enactment of
this Act.
TITLE VII--PROTECTION OF CAR DATA FROM WARRANTLESS SEARCHES
SEC. 701. PROTECTION OF CAR DATA FROM WARRANTLESS SEARCHES.
(a) In General.--Part I of title 18, United States Code, is amended
by adding at the end the following:
``CHAPTER 124--ACCESSING VEHICLE DATA.
``Sec.
``2730. Definitions.
``2731. Prohibition on access to vehicle data.
``2732. Prohibition on use of acquired information as evidence.
``Sec. 2730. Definitions
``In this chapter:
``(1) Access.--The term `access'--
``(A) means any retrieval of covered vehicle data,
regardless of--
``(i) whether the data is obtained as the
information is being produced or from digital
storage; and
``(ii) where the vehicle data is stored or
transmitted, including by wire or radio; and
``(B) does not include data covered by chapter 119
of this title or section 104 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804).
``(2) Consent.--The term `consent'--
``(A) means an affirmative, express, and voluntary
agreement that--
``(i) states that the person providing the
consent is providing consent to a government
official to access the digital contents, access
credential, or online account information, or
other information being sought;
``(ii) specifies the type of content,
access credential, or online account
information the person is providing access to;
``(iii) specifies the time period of the
covered vehicle data to be accessed;
``(iv) informs the person providing consent
that consent is optional and that the
government official attempting to obtain
consent must otherwise acquire a warrant if
consent is not obtained;
``(v) does not involve sanctions or the
threat of sanctions for withholding consent;
and
``(vi) uses clear, simple, and
comprehensible language that is presented in a
way that is accessible to the person providing
consent; and
``(B) does not include consent obtained through
agreement to a generic privacy policy.
``(3) Covered vehicle data.--The term `covered vehicle
data'--
``(A) means all onboard and telematics data
generated by, processed by, or stored on a
noncommercial vehicle using computing, storage and
communication systems installed, attached to, or
carried in the vehicle, including diagnostic data,
entertainment system data, navigation data, images or
data captured by onboard sensors, or cameras, including
images or data used to support automated features or
autonomous driving, internet access, and communication
to and from vehicle occupants;
``(B) includes data gathered by event data
recorders; and
``(C) does not include--
``(i) automotive software installed by the
manufacturer, as defined by applicable industry
standards or regulations;
``(ii) any data subject to chapter 119 of
this title or section 104 of the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1804); or
``(iii) data that is collected from outside
the vehicle, including speed data and
geolocation data, for purposes of traffic, law
enforcement, or toll collection.
``(4) Event data recorder.--The term `event data recorder'
has the meaning given the term in section 563.5 of title 49,
Code of Federal Regulations (as in effect on March 5, 2019).
``(5) Investigative or law enforcement officer.--The term
`investigative or law enforcement officer' means any officer of
the United States or of a State or political subdivision
thereof and any Tribal justice official, who is empowered by
law to execute searches, to seize evidence, or to make arrests
for a violation of Federal or State law.
``(6) Noncommercial vehicle.--The term `noncommercial
vehicle' has the meaning given the term `non-CMV' in section
383.5 of title 49, Code of Federal Regulations.
``(7) State.--The term `State' means any State of the
United States, the District of Columbia, and any territory or
possession of the United States.
``(8) Vehicle operator.--The term `vehicle operator'
means--
``(A) a person who controls the operation of a
vehicle at the time consent is sought; and
``(B) with respect to a vehicle that is not
classified as a highly autonomous vehicle by the
Secretary of Transportation, the driver of the vehicle.
``Sec. 2731. Prohibition on access to vehicle data
``(a) In General.--Except as provided in subsection (b), an
investigative or law enforcement officer may not access covered vehicle
data unless pursuant to a warrant issued in accordance with the
procedures described in rule 41 of the Federal Rules of Criminal
Procedure (or, in the case of a State court, issued using State warrant
procedures) by a court of competent jurisdiction, or as otherwise
provided in this chapter or sections 104 and 303 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804, 1823).
``(b) Exceptions.--
``(1) Consent.--
``(A) In general.--An investigative or law
enforcement officer may access covered vehicle data
if--
``(i) the vehicle operator provides prior
consent to such access; and
``(ii) no passenger 14 years of age or
older objects to the access.
``(B) Vehicle owner.--If the vehicle operator
cannot be located with reasonable effort, the vehicle
owner or, in the case of a leased vehicle, the lessee,
may provide consent under this paragraph.
``(C) Unlawful possession.--No individual may
provide or withhold consent under this paragraph or
object to another individual accessing covered vehicle
data if the individual--
``(i) is the vehicle operator who is in
unlawful possession of the vehicle; or
``(ii) is a passenger who unlawfully
obtained access to the vehicle.
``(D) Oral consent.--Consent provided under this
paragraph shall be in writing unless--
``(i) the person providing the consent
requests that the consent be made orally; and
``(ii) the request for consent and the
consent are recorded.
``(E) Consent of vehicle operator.--If the vehicle
operator is not the owner of the vehicle and provides
consent under this paragraph, the consent is valid only
with respect to covered vehicle data generated during
the lawful possession and use of the vehicle by the
vehicle operator.
``(2) Emergency.--
``(A) In general.--An investigative or law
enforcement officer, the Attorney General, the Deputy
Attorney General, the Associate Attorney General, or
the principal prosecuting attorney of any State or
subdivision thereof acting pursuant to a statute of
that State, may access covered vehicle data if--
``(i) such officer reasonably determines
that an emergency situation exists that--
``(I) involves immediate danger of
death or serious physical injury to any
person; and
``(II) requires access to covered
vehicle data before such officer can,
with due diligence, obtain a warrant;
``(ii) there are grounds upon which a
warrant could be granted to authorize such
access; and
``(iii) an application for a warrant
approving such access is submitted to a court
within 48 hours after the access has occurred
or begins to occur.
``(B) Denial.--If an application for a warrant
submitted pursuant to subparagraph (A)(iii) is denied,
any covered vehicle data accessed under this paragraph
shall be treated as having been obtained in violation
of this chapter.
``(3) Event data recorder for motor vehicle safety.--In
addition to the exceptions in paragraphs (1) and (2), data
recorded or transmitted by an event data recorder may be
accessed from a noncommercial vehicle if authorized by
paragraph (3), (4), or (5) of section 24302(b) of the Driver
Privacy Act of 2015 (49 U.S.C. 30101 note).
``(4) Rule of construction.--Nothing in this section shall
be interpreted to require the transmission or storage of data
that is not otherwise transmitted or stored, or the retrieval
of data that is not generally retrievable.
``Sec. 2732. Prohibition on use of acquired information as evidence
``(a) In General.--If any covered vehicle data has been acquired in
violation of this chapter, no part of such information and no evidence
derived therefrom may be used, received in evidence, or otherwise
disseminated in any investigation, trial, hearing, or other proceeding
by, in, or before any court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other authority of the
United States, a State, or a political subdivision thereof.
``(b) Probable Cause.--No data described in section 2731(b)(3) may
be used to establish probable cause.''.
(b) Technical and Conforming Amendments.--
(1) Driver privacy act of 2015.--Section 24302 of the
Driver Privacy Act of 2015 (49 U.S.C. 30101 note) is amended--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``Data'' and inserting
``Except as provided in subsection (c), data''; and
(B) by adding at the end the following:
``(c) Investigative or Law Enforcement Officers.--An investigative
or law enforcement officer may only access or retrieve data recorded or
transmitted by an event data recorder described in subsection (a) in
accordance with chapter 124 of title 18, United States Code.''.
(2) Table of chapters.--The table of chapters for part 1 of
title 18, United States Code, is amended by adding at the end
the following:
``124. Accessing vehicle data............................... 2730''.
TITLE VIII--INTELLIGENCE TRANSPARENCY
SEC. 801. ENHANCED ANNUAL REPORTS BY DIRECTOR OF THE ADMINISTRATIVE
OFFICE OF THE UNITED STATES COURTS.
Section 603(a)(1) of the Foreign Intelligence Surveillance Act of
1978 (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 pursuant to section
103(j);
``(H) the number of petitions to certify a question
made by an amicus curiae pursuant to section
103(i)(7)(A);
``(I) the number of hearings or rehearings by the
Foreign Intelligence Surveillance Court en banc
pursuant to section 103(a)(2), disaggregated by
hearings or rehearings by such court en banc pursuant
to clause (i) or (ii) of such section; and
``(J) the number of times amici curiae have been
appointed pursuant to section 103(i)(2).''.
SEC. 802. ENHANCED ANNUAL REPORTS BY DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Subsection (b) of section 603 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(b)) is amended--
(1) in paragraph (2)(C), by striking the semicolon and
inserting ``; and'';
(2) by redesignating paragraphs (3) through (7) as
paragraphs (6) through (10), respectively;
(3) by inserting after paragraph (2) the following:
``(3) a description of the subject matter of each of the
certifications provided under section 702(h);
``(4) statistics revealing the number of persons and
identifiers targeted under section 702(a), disaggregated by
certification under which the person or identifier was
targeted;
``(5) the total number of directives issued pursuant to
section 702(i)(1), disaggregated by each type of electronic
communication service provider described in subparagraphs (A)
through (E) of section 701(b)(4);''; and
(4) by adding at the end the following:
``(11)(A) the total number of disseminated intelligence
reports derived from collection pursuant to section 702
containing the identities of United States persons regardless
of whether the identities of the United States persons were
openly included or masked;
``(B) the total number of disseminated intelligence reports derived
from collection not authorized by this Act containing the identities of
United States persons regardless of whether the identities of the
United States persons were openly included or masked;
``(C) the total number of disseminated intelligence reports derived
from collection pursuant to section 702 containing the identities of
United States persons in which the identities of the United States
persons were masked;
``(D) the total number of disseminated intelligence reports derived
from collection not authorized by this Act containing the identities of
United States persons in which the identities of the United States
persons were masked;
``(E) the total number of disseminated intelligence reports derived
from collection pursuant to section 702 containing the identities of
United States persons in which the identities of the United States
persons were openly included; and
``(F) the total number of disseminated intelligence reports derived
from collection not authorized by this Act containing the identities of
United States persons in which the identities of the United States
persons were openly included;
``(12)(A) the number of queries conducted in an effort to
find communications or information of or about 1 or more United
States persons or persons reasonably believed to be located in
the United States at the time of the query or the time of the
communication or creation of the information that required a
warrant pursuant to section 302; and
``(B) the number of queries conducted in an effort to find
communications or information of or about 1 or more United States
persons or persons reasonably believed to be located in the United
States at the time of the query or the time of the communication or
creation of the information that did not require a warrant pursuant to
section 302; and
``(13) the number of criminal proceedings in which the
Federal Government or a government of a State or political
subdivision thereof entered into evidence or otherwise used or
disclosed in a criminal proceeding any information obtained or
derived from an acquisition conducted pursuant to Executive
Order 12333 (50 U.S.C. 3001 note; relating to United States
intelligence activities), or successor order, outside the
authorities provided by this Act.''.
(b) Repeal of Nonapplicability to Federal Bureau of Investigation
of Certain Requirements.--Subsection (d) of such section is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Conforming Amendment.--Subsection (d)(1) of such section is
amended by striking ``paragraphs (3), (5), or (6)'' and inserting
``paragraph (6), (8), or (9)''.
SEC. 803. ANNUAL REPORTING ON ACCURACY AND COMPLETENESS OF
APPLICATIONS.
Section 603 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1873) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Annual Report by Attorney General on Accuracy and
Completeness of Applications.--
``(1) Report required.--In April each year, the Attorney
General shall submit to the appropriate committees of Congress
and publish on the website of the Department of Justice,
subject to a declassification review, a report setting forth,
with respect to the preceding calendar year, the following:
``(A) A summary of all accuracy or completeness
reviews of applications for court orders submitted to
the Foreign Intelligence Surveillance Court by the
Federal Bureau of Investigation under this Act.
``(B) The total number of such applications
reviewed for accuracy or completeness.
``(C) The total number of material errors or
omissions identified during such reviews.
``(D) The total number of nonmaterial errors or
omissions identified during such reviews.
``(E) The total number of instances in which facts
contained in an application were not supported by
documentation that existed in the applicable file being
reviewed at the time of the review.
``(F) An explanation for any increase or decrease
in the number of errors identified under subparagraphs
(C) and (D), and in the event of an increase in the
number of errors, a description of any action taken by
the Department to improve compliance and accuracy.
``(2) Inspector general risk assessment.--In addition to
conducting audits under section 401 of the Government
Surveillance Reform Act of 2023, the Inspector General of the
Department of Justice shall--
``(A) periodically assess the reports required by
paragraph (1); and
``(B) as determined by the Inspector General,
report any risks identified through such assessments to
the appropriate committees of Congress.
``(3) Definition of appropriate committees of congress.--In
this subsection, the term `appropriate committees of Congress'
has the meaning given that term in section 101.''.
SEC. 804. ALLOWING MORE GRANULAR AGGREGATE REPORTING BY RECIPIENTS OF
FOREIGN INTELLIGENCE SURVEILLANCE ORDERS.
(a) Modification of Aggregation Banding.--Subsection (a) of section
604 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1874) is amended--
(1) by striking paragraphs (1) through (3) and inserting
the following:
``(1) A semiannual report that aggregates the number of
orders, directives, or national security letters with which the
person was required to comply into separate categories of--
``(A) the number of national security letters
received, reported--
``(i) for the first 1000 national security
letters received, in bands of 200 starting with
1-200; and
``(ii) for more than 1000 national security
letters received, the precise number of
national security letters received;
``(B) the number of customer selectors targeted by
national security letters, reported--
``(i) for the first 1000 customer selectors
targeted, in bands of 200 starting with 1-200;
and
``(ii) for more than 1000 customer
selectors targeted, the precise number of
customer selectors targeted;
``(C) the number of orders or directives received,
combined, under this Act for contents--
``(i) reported--
``(I) for the first 1000 orders and
directives received, in bands of 200
starting with 1-200; and
``(II) for more than 1000 orders
and directives received, the precise
number of orders received; and
``(ii) disaggregated by whether the order
or directive was issued under section 105, 402,
or 702;
``(D) the number of customer selectors targeted
under orders or directives received, combined, under
this Act for contents--
``(i) reported--
``(I) for the first 1000 customer
selectors targeted, in bands of 200
starting with 1-200; and
``(II) for more than 1000 customer
selectors targeted, the precise number
of customer selectors targeted; and
``(ii) disaggregated by whether the order
or directive was issued under section 105, 402,
or 702;
``(E) the number of orders or directives received
under this Act for noncontents--
``(i) reported--
``(I) for the first 1000 orders or
directives received, in bands of 200
starting with 1-200; and
``(II) for more than 1000 orders or
directives received, the precise number
of orders received; and
``(ii) disaggregated by whether the order
or directive was issued under section 105, 402,
or 702; and
``(F) the number of customer selectors targeted
under orders or directives under this Act for
noncontents--
``(i) reported--
``(I) for the first 1000 customer
selectors targeted, in bands of 200
starting with 1-200; and
``(II) for more than 1000 customer
selectors targeted, the precise number
of customer selectors targeted; and
``(ii) disaggregated by whether the order
or directive was issued under section 105, 402,
or 702.''; and
(2) by redesignating paragraph (4) as paragraph (2).
(b) Additional Disclosures.--Such section is amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Additional Disclosures.--A person who publicly reports
information under subsection (a) may also publicly report, using a
semiannual report, information relating to the previous 180 days that
indicates whether the person was or was not required to comply with an
order, directive, or national security letter issued under each of
sections 105, 402, and 702 and the provisions listed in section
603(f)(3).''.
(c) Conforming Amendments.--Subsection (c) of such section, as
redesignated by subsection (b)(1) of this section, is amended--
(1) in paragraph (1), by striking ``or (2)'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking
``(4)'' and inserting ``(2)''.
SEC. 805. REPORT ON USE OF FOREIGN INTELLIGENCE SURVEILLANCE
AUTHORITIES REGARDING PROTECTED ACTIVITIES AND PROTECTED
CLASSES.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Privacy and Civil Liberties Oversight Board shall make
publicly available and submit to the appropriate committees of Congress
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
committees of Congress a classified annex.
SEC. 806. PUBLICATION OF ESTIMATES REGARDING COMMUNICATIONS COLLECTED
UNDER CERTAIN PROVISIONS OF FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
Not later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence shall publish a good faith
estimate of--
(1) the number of United States persons whose
communications are collected under section 702 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a); or
(2) the number of communications collected under such
section to which a party is a person located in the United
States at the time of communication.
SEC. 807. ENHANCED REPORTING OF ASSESSMENTS OF COMPLIANCE WITH
EMERGENCY ORDER REQUIREMENTS UNDER CERTAIN PROVISIONS OF
THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Electronic Surveillance.--
(1) Annual assessment.--Section 105(e)(6) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(6)) is
amended by striking ``shall assess compliance'' and inserting
``shall not less frequently than annually assess compliance''.
(2) Reporting.--Section 108(a)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(2)) is
amended--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking ``section
301(e).'' and inserting ``section 304(e); and''; and
(C) by adding at the end the following:
``(E) the annual assessment conducted pursuant to
section 105(e)(6).''.
(b) Physical Searches.--
(1) Annual assessment.--Section 304(e)(6) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(e)(6)) is
amended by striking ``shall assess compliance'' and inserting
``shall not less frequently than annually assess compliance''.
(2) Reporting.--Section 306 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1826) is amended--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) the annual assessment conducted pursuant to section
304(e)(6).''.
TITLE IX--SEVERABILITY AND LIMITED DELAYS IN IMPLEMENTATION
SEC. 901. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remaining provisions
of and amendments made by this Act, and the application of the
provision or amendment held to be unconstitutional to any other person
or circumstance, shall not be affected thereby.
SEC. 902. LIMITED DELAYS IN IMPLEMENTATION.
The Attorney General may, in coordination with the Director of
National Intelligence as may be appropriate, delay implementation of a
provision of this Act or an amendment made by this Act for a period of
not more than 1 year upon a showing to the appropriate committees of
Congress that the delay is necessary--
(1) to develop and implement technical systems needed to
comply with the provision or amendment; or
(2) to hire or train personnel needed to comply with the
provision or amendment.
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