[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6570 Reported in House (RH)]
<DOC>
Union Calendar No. 248
118th CONGRESS
1st Session
H. R. 6570
[Report No. 118-307, Part I]
To amend the Foreign Intelligence Surveillance Act of 1978 to reform
certain authorities and to provide greater transparency and oversight.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 4, 2023
Mr. Biggs (for himself, Mr. Nadler, Mr. Jordan, Ms. Jayapal, Mr.
Davidson, Ms. Jacobs, and Mr. Fry) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Permanent Select Committee on Intelligence, 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
December 11, 2023
Additional sponsors: Mr. Lieu, Mr. Crane, Ms. Norton, Ms. Hoyle of
Oregon, Ms. Lofgren, Mr. Tiffany, Ms. Schakowsky, Mr. Gooden of Texas,
Ms. Lee of California, Mr. McClintock, Mr. Roy, Mr. Duncan, Mr.
Doggett, Mr. Collins, Ms. Tlaib, Ms. Mace, Mr. Casar, Mr. Burlison, Mr.
Good of Virginia, Mr. Bishop of North Carolina, Mr. Van Drew, Mr. Weber
of Texas, Ms. Hageman, Mr. Blumenauer, Mr. Mooney, Ms. Chu, and Ms.
Porter
December 11, 2023
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 11, 2023
Permanent Select Committee on Intelligence discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
[For text of introduced bill, see copy of bill as introduced on
December 4, 2023]
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to reform
certain authorities and to provide greater transparency and oversight.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Liberty and End Warrantless
Surveillance Act of 2023''.
SEC. 2. QUERY PROCEDURE REFORM.
(a) Limitation on Eligibility to Conduct Queries.--Section
702(f)(1) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881a(f)(1)) is amended by adding at the end the following:
``(D) Limitation on eligibility of fbi personnel to
conduct united states person queries.--The Attorney
General shall ensure that the procedures adopted under
subparagraph (A) limit the authority to conduct queries
such that--
``(i) for each field office of the Federal
Bureau of Investigation, the most senior
official whose primary duty station is that
field office is authorized to designate not
more than five individuals whose primary duty
station is that field office who are eligible
to conduct a query using a United States person
query term; and
``(ii) for the headquarters of the Federal
Bureau of Investigation, the Director of the
Federal Bureau of Investigation is authorized
to designate not more than five individuals
whose primary duty station is the Headquarters
of the Federal Bureau of Investigation who are
eligible to conduct a query using a United
States person query term.''.
(b) 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)), as amended by subsection (a), is further 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 (6); 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 authorizing the
conduct 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
congressional intelligence
committees and the Committees
on the Judiciary of the House
of Representatives and of the
Senate 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. 3. 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) the commission of a Federal crime of
terrorism under any of clauses (i) through
(iii) of section 2332b(g)(5)(B) of title 18,
United States Code;
``(ii) actions necessitating
counterintelligence (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C.
3003));
``(iii) the proliferation or the 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. 4. 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 ``(a) In General.--''.
SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORM.
(a) Requirement for Same Judge to Hear Renewal Applications.--
Section 103(a)(1) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803(a)(1)) is amended by adding at the end the following:
``To the extent practicable, no judge designated under this subsection
shall hear a renewal application for electronic surveillance under this
Act, which application was previously granted by another judge
designated under this subsection, unless the term of the judge who
granted the application has expired, or that judge is otherwise no
longer serving on the court.''.
(b) Use of Amici Curiae in Foreign Intelligence Surveillance Court
Proceedings.--
(1) Expansion of appointment authority.--
(A) In general.--Section 103(i)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(i)(2)) is amended--
(i) by striking subparagraph (A) and
inserting the following:
``(A) shall, unless the court issues a finding that
appointment is not appropriate, appoint 1 or more
individuals who have been designated under paragraph
(1), not fewer than 1 of whom possesses privacy and
civil liberties expertise, unless the court finds that
such a qualification is inappropriate, to serve as
amicus curiae to assist the court in the consideration
of any application or motion for an order or review
that, in the opinion of the court--
``(i) presents a novel or significant
interpretation of the law;
``(ii) presents significant concerns with
respect to the activities of a United States
person that are protected by the first
amendment to the Constitution of the United
States;
``(iii) presents or involves a sensitive
investigative matter;
``(iv) presents a request for approval of a
new program, a new technology, or a new use of
existing technology;
``(v) presents a request for
reauthorization of programmatic surveillance;
``(vi) otherwise presents novel or
significant civil liberties issues; or
``(vii) otherwise involves the activities
of a United States person; and''; and
(ii) in subparagraph (B), by striking ``an
individual or organization'' each place the
term appears and inserting ``1 or more
individuals or organizations''.
(B) Definition of sensitive investigative matter.--
Section 103(i) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1803(i)) is amended by adding at
the end the following:
``(12) Definition.--In this subsection, the term `sensitive
investigative matter' means--
``(A) an investigative matter involving the
activities of--
``(i) a domestic public official or
political candidate, 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).''.
(2) Authority to seek review.--Section 103(i) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(i)), as amended by subsection (a) of this section, is
amended--
(A) in paragraph (4)--
(i) in the paragraph heading, by inserting
``; authority'' after ``Duties'';
(ii) by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii),
respectively, and adjusting the margins
accordingly;
(iii) in the matter preceding clause (i),
as so redesignated, by striking ``the amicus
curiae shall'' and inserting the following:
``the amicus curiae--
``(A) shall'';
(iv) in subparagraph (A)(i), as so
redesignated, 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 impacted by the
application or motion''; and
(v) 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
impacting the legality of the proposed electronic
surveillance with the court, regardless of whether the
court has requested assistance on that issue.'';
(B) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(C) by inserting after paragraph (6) the following:
``(7) Authority to seek review of decisions.--
``(A) FISA court decisions.--
``(i) Petition.--Following issuance of an
order under this Act by the Foreign
Intelligence Surveillance Court, an amicus
curiae appointed under paragraph (2) may
petition the Foreign Intelligence Surveillance
Court to certify for review to the Foreign
Intelligence Surveillance Court of Review a
question of law pursuant to subsection (j).
``(ii) Written statement of reasons.--If
the Foreign Intelligence Surveillance Court
denies a petition under this subparagraph, the
Foreign Intelligence Surveillance Court shall
provide for the record a written statement of
the reasons for the denial.
``(iii) Appointment.--Upon certification of
any question of law pursuant to this
subparagraph, the Court of Review shall appoint
the amicus curiae to assist the Court of Review
in its consideration of the certified question,
unless the Court of Review issues a finding
that such appointment is not appropriate.
``(B) FISA court of review decisions.--An amicus
curiae appointed under paragraph (2) may 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).''.
(3) Access to information.--
(A) Application and materials.--Section 103(i)(6)
of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803(i)(6)) is amended by striking
subparagraph (A) and inserting the following:
``(A) In general.--
``(i) Right of amicus.--If a court
established under subsection (a) or (b)
appoints an amicus curiae under paragraph (2),
the amicus curiae--
``(I) shall have access, to the
extent such information is available to
the Government, to--
``(aa) 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);
``(bb) 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
``(cc) any other
information or materials that
the court determines are
relevant to the duties of the
amicus curiae; 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.
``(ii) 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.''.
(B) Clarification of access to certain
information.--Section 103(i)(6) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(i)(6)) is amended--
(i) in subparagraph (B), by striking
``may'' and inserting ``shall''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) Classified information.--An amicus curiae
designated or appointed by the court shall have access,
to the extent such information is available to the
Government, to unredacted copies of each opinion,
order, transcript, pleading, or other document of the
Foreign Intelligence Surveillance Court and the Foreign
Intelligence Surveillance Court of Review, including,
if the individual is eligible for access to classified
information, any classified documents, information, and
other materials or proceedings.''.
(4) Effective date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
shall apply with respect to proceedings under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
that take place on or after, or are pending on, that date.
SEC. 6. APPLICATION FOR AN ORDER APPROVING ELECTRONIC SURVEILLANCE.
(a) Disclosure Requirement.--Section 104(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)) is amended--
(1) in paragraph (6)(E)(ii), by inserting before the
semicolon at the end ``(and a description of such
techniques)'';
(2) in paragraph (8), by striking ``and'' at the end;
(3) in paragraph (9), by striking the period at the end and
inserting ``; and'' ; and
(4) by inserting after paragraph (9) the following:
``(10) all information material to the application,
including any information that tends to rebut--
``(A) any allegation set forth in the application;
or
``(B) the existence of probable cause to believe
that--
``(i) the target of the electronic
surveillance is a foreign power or an agent of
a foreign power; and
``(ii) each of the facilities or places at
which the electronic surveillance is directed
is being used, or is about to be used, by a
foreign power or an agent of a foreign
power.''.
(b) Prohibition on Use of Certain Information.--Section 104 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is
amended by adding at the end the following:
``(e) The statement of facts and circumstances under subsection
(a)(3) may only include information obtained from the content of a
media source or information gathered by a political campaign if--
``(1) such information is disclosed in the application as
having been so obtained or gathered; and
``(2) such information is not the sole source of the
information used to justify the applicant's belief described in
subsection (a)(3).''.
(c) Limitation on Issuance of Order.--Section 105(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(a)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(5) the statement of facts and circumstances under
subsection (a)(3) may only include information obtained from
the content of a media source or information gathered by a
political campaign if--
``(A) such information is disclosed in the
application as having been so obtained or gathered; and
``(B) such information is not the sole source of
the information used to justify the applicant's belief
described in subsection (a)(3).''.
SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF CERTAIN DOCUMENTS.
(a) Submission to Congress.--Section 601(c)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(c)) is amended by
inserting ``, including declassified copies that have undergone review
under section 602'' before ``; and''.
(b) Timeline for Declassification Review.--Section 602(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1872(a)) is
amended--
(1) by inserting after ``shall conduct a declassification
review'' the following: ``, to be concluded not later than 45
days after the commencement of such review,''; and
(2) by inserting after ``a significant construction or
interpretation of any provision of law'' the following: ``or
results in a change of application of any provision of this Act
or a novel application of any provision of this Act''.
SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS; ATTENDANCE OF CERTAIN
CONGRESSIONAL OFFICIALS AT CERTAIN PROCEEDINGS.
Section 103(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803(c)) is amended--
(1) by striking ``Proceedings under this Act'' and
inserting the following: ``(1) Proceedings under this Act'';
(2) by striking ``including applications made and orders
granted'' and inserting ``including applications made, orders
granted, and transcriptions of proceedings,''; and
(3) by adding at the end:
``(2) The chair and ranking minority member of each of the
congressional intelligence committees and of the Committees on the
Judiciary of the House of Representatives and of the Senate shall be
entitled to attend any proceeding of the Foreign Intelligence
Surveillance Court or any proceeding of the Foreign Intelligence
Surveillance Court of Review. Each person entitled to attend a
proceeding pursuant to this paragraph may designate not more than 2
Members of Congress and not more than 2 staff members of such committee
to attend on their behalf, pursuant to such procedures as the Attorney
General, in consultation with the Director of National Intelligence may
establish. Not later than 45 days after any such proceeding, a copy of
any application made, order granted, or transcription of the proceeding
shall be made available for review to each person who is entitled to
attend a proceeding pursuant to this paragraph or who is designated
under this paragraph. Terms used in this paragraph have the meanings
given such terms in section 701(b).''.
SEC. 9. ANNUAL AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.
(a) Report Required.--Title VI of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871 et seq.) is amended by adding
at the end the following:
``SEC. 605. ANNUAL AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.
``Beginning with the first calendar year that begins after the
effective date of this section, by not later than June 30th of that
year and each year thereafter, the Inspector General of the Department
of Justice shall conduct an audit on alleged violations and failures to
comply with the requirements of this Act and any procedures established
pursuant to this Act, and submit a report thereon to the congressional
intelligence committees and the Committees on the Judiciary of the
House of Representatives and of the Senate.''.
(b) Clerical Amendment.--The table of contents for the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by adding at the end the following:
``605. Annual audit of FISA compliance by Inspector General.''.
SEC. 10. 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) in subsection (a)(1)--
(A) by redesignating subparagraphs (B) through (F)
as subparagraphs (C) through (G) respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) an analysis of the accuracy and completeness
of such applications and certifications submitted;'';
and
(2) in subsection (a)(2), by striking ``subparagraph (F)''
and inserting ``subparagraph (G)''.
SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) Report Required.--Title VI of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871 et seq.), as amended by this
Act, is further amended by adding at the end the following:
``SEC. 606. ANNUAL REPORT OF THE FEDERAL BUREAU OF INVESTIGATION.
``Not later than 1 year after the date of enactment of this
section, and annually thereafter, the Director of the Federal Bureau of
Investigation shall submit to the congressional intelligence committees
and the Committees on the Judiciary of the House of Representatives and
of the Senate--
``(1) a report on disciplinary activities taken by the
Director to address violations of the requirements of law or
the procedures established under this Act, including a
comprehensive account of disciplinary investigations,
including--
``(A) all such investigations ongoing as of the
date the report is submitted;
``(B) the adjudications of such investigations when
concluded; and
``(C) disciplinary actions taken as a result of
such adjudications; and
``(2) a report on the conduct of queries conducted under
section 702 for the preceding year using a United States person
query term, including--
``(A) the number of such queries conducted;
``(B) what terms were used;
``(C) the number of warrants issued and denied
under section 702(f)(1); and
``(D) the number of times exceptions were alleged
under 702(f)(2).''.
(b) Clerical Amendment.--The table of contents for the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as
amended by this Act, is further amended by adding at the end the
following:
``606. Annual report of the Federal Bureau of Investigation.''.
SEC. 12. EXTENSION OF TITLE VII OF FISA; EXPIRATION OF FISA
AUTHORITIES; EFFECTIVE DATES.
(a) Effective Dates.--Section 403(b) of the FISA Amendments Act of
2008 (Public Law 110-261; 122 Stat. 2474) is amended--
(1) in paragraph (1)--
(A) by striking ``December 31, 2023'' and inserting
``December 31, 2026''; and
(B) by striking ``, as amended by section 101(a)
and by the FISA Amendments Reauthorization Act of
2017,'' and inserting ``, as most recently amended,'';
and
(2) in paragraph (2) in the matter preceding subparagraph
(A), by striking ``December 31, 2023'' and inserting ``December
31, 2026''.
(b) Conforming Amendments.--Section 404(b) of the FISA Amendments
Act of 2008 (Public Law 110-261; 122 Stat. 2476), is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``December 31,
2023'' and inserting ``December 31, 2026''; and
(B) by striking ``, as amended by section 101(a)
and by the FISA Amendments Reauthorization Act of
2017,'' and inserting ``, as most recently amended,'';
(2) in paragraph (2), by striking ``, as amended by section
101(a) and by the FISA Amendments Reauthorization Act of
2017,'' and inserting ``, as most recently amended,''; and
(3) in paragraph (4)--
(A) by striking ``, as added by section 101(a) and
amended by the FISA Amendments Reauthorization Act of
2017,'' both places it appears and inserting ``, as
added by section 101(a) and as most recently
amended,''; and
(B) by striking ``, as amended by section 101(a)
and by the FISA Amendments Reauthorization Act of
2017,'' and inserting ``, as most recently amended,''
both places it appears.
SEC. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA.
(a) In General.--Section 109 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1809) is amended as follows:
(1) Additional offenses.--In subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``intentionally'';
(B) in paragraph (1)--
(i) by inserting ``intentionally'' before
``engages in''; and
(ii) by striking ``or'' at the end;
(C) in paragraph (2)--
(i) by inserting ``intentionally'' before
``disclose or uses''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) knowingly submits any document to or makes any false
statement before the Foreign Intelligence Surveillance Court or
the Foreign Intelligence Surveillance Court of Review, knowing
such document or statement to contain--
``(A) a false material declaration; or
``(B) a material omission; or
``(4) knowingly discloses the existence of an application
for an order authorizing surveillance under this title, or any
information contained therein, to any person not authorized to
receive such information.''.
(2) Enhanced penalties.--In subsection (c), is amended to
read as follows:
``(c) Penalties.--In the case of an offense under any of paragraphs
(1) through (4) of subsection (a), the offense is punishable by a fine
of not more than $10,000 or imprisonment for not more than 8 years, or
both.''.
(b) Rule of Construction.--This Act and the amendments made by this
Act may not be construed to interfere with the enforcement of section
798 of title 18, United States Code, or any other provision of law
regarding the unlawful disclosure of classified information.
SEC. 14. CONTEMPT POWER OF FISC AND FISC-R.
(a) In General.--Chapter 21 of title 18, United States Code, is
amended--
(1) in section 402, by inserting after ``any district court
of the United States'' the following: ``, the Foreign
Intelligence Surveillance Court, the Foreign Intelligence
Surveillance Court of Review,''; and
(2) by adding at the end the following:
``Sec. 404. Definitions
``For purposes of this chapter--
``(1) the term `court of the United States' includes the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review; and
``(2) the terms `Foreign Intelligence Surveillance Court'
and `Foreign Intelligence Surveillance Court of Review' have
the meanings given such terms in section 601(e) of the Foreign
Intelligence Surveillance Act of 1978.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item pertaining to section 403 the
following:
``404. Definitions.''.
(c) Report.--Not later than one year after the date of enactment,
and annually thereafter the Foreign Intelligence Surveillance Court and
the Foreign Intelligence Surveillance Court of Review (as such terms
are defined in section 601(e) of the Foreign Intelligence Surveillance
Act of 1978) shall jointly submit to Congress a report on the exercise
of authority under chapter 21 of title 18, United States Code, by such
courts during the previous year.
SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS.
(a) Increased Penalties.--Section 110(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1810(a)) is amended to
read as follows:
``(a) actual damages, but not less than liquidated damages
equal to the greater of--
``(1) if the aggrieved person is a United States
person, $10,000 or $1,000 per day for each day of
violation; or
``(2) for any other aggrieved person, $1,000 or
$100 per day for each day of violation;''.
(b) Reporting Requirement.--Title I of the Foreign Intelligence
Surveillance Act of 1978 is amended by inserting after section 110 the
following:
``SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL ACTIONS.
``(a) Report to Congress.--If a court finds that a person has
violated this Act in a civil action under section 110, the head of the
agency that employs that person shall report to Congress on the
administrative action taken against that person pursuant to section 607
or any other provision of law.
``(b) FISC.--If a court finds that a person has violated this Act
in a civil action under section 110, the head of the agency that
employs that person shall report the name of such person to the Foreign
Intelligence Surveillance Court. The Foreign Intelligence Surveillance
Court shall maintain a list of each person about whom it received a
report under this subsection.''.
SEC. 16. ACCOUNTABILITY PROCEDURES FOR INCIDENTS RELATING TO QUERIES
CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION.
(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. ACCOUNTABILITY PROCEDURES FOR INCIDENTS RELATING TO QUERIES
CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION.
``(a) In General.--The Director of the Federal Bureau of
Investigation shall establish procedures to hold employees of the
Federal Bureau of Investigation accountable for violations of law,
guidance, and procedure governing queries of information acquired
pursuant to section 702.
``(b) Elements.--The procedures established under subsection (a)
shall include the following:
``(1) Centralized tracking of individual employee
performance incidents involving negligent violations of law,
guidance, and procedure described in subsection (a), over time.
``(2) Escalating consequences for such incidents,
including--
``(A) consequences for initial incidents,
including, at a minimum--
``(i) suspension of access to information
acquired under this Act; and
``(ii) documentation of the incident in the
personnel file of each employee responsible for
the violation; and
``(B) consequences for subsequent incidents,
including, at a minimum--
``(i) possible indefinite suspension of
access to information acquired under this Act;
``(ii) reassignment of each employee
responsible for the violation; and
``(iii) referral of the incident to the
Inspection Division of the Federal Bureau of
Investigation for review of potentially
reckless conduct.
``(3) Clarification of requirements for referring
intentional misconduct and reckless conduct to the Inspection
Division of the Federal Bureau of Investigation for
investigation and disciplinary action by the Office of
Professional Responsibility of the Federal Bureau of
Investigation.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 708 the
following:
``709. Accountability procedures for incidents relating to queries
conducted by the Federal Bureau of
Investigation.''.
(c) Report Required.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate and
to the congressional intelligence committees (as such term is
defined in section 801 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1885)) a report detailing the procedures
established under section 709 of the Foreign Intelligence
Surveillance Act of 1978, as added by subsection (a).
(2) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Federal
Bureau of Investigation shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate and
to the congressional intelligence committees (as such term is
defined in section 801 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1885)) a report on any disciplinary
actions taken pursuant to the procedures established under
section 709 of the Foreign Intelligence Surveillance Act of
1978, as added by subsection (a), including a description of
the circumstances surrounding each such disciplinary action,
and the results of each such disciplinary action.
(3) Form.--The reports required under paragraphs (1) and
(2) shall be submitted in unclassified form, but may include a
classified annex to the extent necessary to protect sources and
methods.
SEC. 17. AGENCY PROCEDURES TO ENSURE COMPLIANCE.
(a) Agency Procedures to Ensure Compliance.--Title VI of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871 et seq.),
as amended by this Act, is further amended by adding at the end the
following:
``SEC. 607. AGENCY PROCEDURES TO ENSURE COMPLIANCE.
``The head of each Federal department or agency authorized to
acquire foreign intelligence information under this Act shall establish
procedures--
``(1) setting forth clear rules on what constitutes a
violation of this Act by an officer or employee of that
department or agency; and
``(2) for taking appropriate adverse personnel action
against any officer or employee of the department or agency who
engages in such a violation, including more severe adverse
actions for any subsequent violation.''.
(b) Clerical Amendment.--The table of contents for the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as
amended by this Act, is further amended by adding at the end the
following:
``607. Agency procedures to ensure compliance.''.
(c) Report.--Not later than 3 months after the date of enactment of
this Act, the head of each Federal department or agency that is
required to establish procedures under section 607 of the Foreign
Intelligence Surveillance Act of 1978 shall report to Congress on such
procedures.
SEC. 18. PROTECTION OF RECORDS HELD BY 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
Certain Records and Information by Law Enforcement and Intelligence
Agencies.--
``(1) Definitions.--In this subsection--
``(A) the term `covered customer or subscriber
record' means a covered record that is--
``(i) disclosed to a third party by--
``(I) a provider of an electronic
communication service to the public or
a provider of a remote computing
service of which the covered person
with respect to the covered record is a
subscriber or customer; or
``(II) an intermediary service
provider that delivers, stores, or
processes communications of such
covered person;
``(ii) collected by a third party from an
online account of a covered person; or
``(iii) collected by a third party from or
about an electronic device of a covered person;
``(B) the term `covered person' means--
``(i) a person who is located inside the
United States; or
``(ii) a person--
``(I) who is located outside the
United States or whose location cannot
be determined; and
``(II) who is a United States
person, as defined in section 101 of
the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801);
``(C) the term `covered record' means a record or
other information that--
``(i) pertains to a covered person; and
``(ii) is--
``(I) a record or other information
described in the matter preceding
paragraph (1) of subsection (c);
``(II) the contents of a
communication; or
``(III) location information;
``(D) the term `electronic device' has the meaning
given the term `computer' in section 1030(e);
``(E) the term `illegitimately obtained
information' means a covered record that--
``(i) was obtained--
``(I) from a provider of an
electronic communication service to the
public or a provider of a remote
computing service in a manner that--
``(aa) violates the service
agreement between the provider
and customers or subscribers of
the provider; or
``(bb) is inconsistent with
the privacy policy of the
provider;
``(II) by deceiving the covered
person whose covered record was
obtained; or
``(III) through the unauthorized
accessing of an electronic device or
online account; or
``(ii) was--
``(I) obtained from a provider of
an electronic communication service to
the public, a provider of a remote
computing service, or an intermediary
service provider; and
``(II) collected, processed, or
shared in violation of a contract
relating to the covered record;
``(F) 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);
``(G) 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, or device;
``(H) the term `obtain in exchange for anything of
value' means to obtain by purchasing, to receive in
connection with services being provided for
consideration, or to otherwise obtain in exchange for
consideration, including an access fee, service fee,
maintenance fee, or licensing fee;
``(I) the term `online account' means an online
account with an electronic communication service to the
public or remote computing service;
``(J) the term `pertain', with respect to a person,
means--
``(i) information that is linked to the
identity of a person; or
``(ii) information--
``(I) that has been anonymized to
remove links to the identity of a
person; and
``(II) that, if combined with other
information, could be used to identify
a person; and
``(K) the term `third party' means a person who--
``(i) is not a governmental entity; and
``(ii) in connection with the collection,
disclosure, obtaining, processing, or sharing
of the covered record at issue, was not acting
as--
``(I) a provider of an electronic
communication service to the public; or
``(II) a provider of a remote
computing service.
``(2) Limitation.--
``(A) In general.--A law enforcement agency of a
governmental entity and an element of the intelligence
community may not obtain from a third party in exchange
for anything of value a covered customer or subscriber
record or any illegitimately obtained information.
``(B) Indirectly acquired records and
information.--The limitation under subparagraph (A)
shall apply without regard to whether the third party
possessing the covered customer or subscriber record or
illegitimately obtained information is the third party
that initially obtained or collected, or is the third
party that initially received the disclosure of, the
covered customer or subscriber record or illegitimately
obtained information.
``(3) Limit on sharing between agencies.--An agency of a
governmental entity that is not a law enforcement agency or an
element of the intelligence community may not provide to a law
enforcement agency of a governmental entity or an element of
the intelligence community a covered customer or subscriber
record or illegitimately obtained information that was obtained
from a third party in exchange for anything of value.
``(4) Prohibition on use as evidence.--A covered customer
or subscriber record or illegitimately obtained information
obtained by or provided to a law enforcement agency of a
governmental entity or an element of the intelligence community
in violation of paragraph (2) or (3), and any evidence derived
therefrom, may not be received in evidence in any trial,
hearing, or other proceeding 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.
``(5) Minimization procedures.--
``(A) In general.--The Attorney General shall adopt
specific procedures that are reasonably designed to
minimize the acquisition and retention, and prohibit
the dissemination, of information pertaining to a
covered person that is acquired in violation of
paragraph (2) or (3).
``(B) Use by agencies.--If a law enforcement agency
of a governmental entity or element of the intelligence
community acquires information pertaining to a covered
person in violation of paragraph (2) or (3), the law
enforcement agency of a governmental entity or element
of the intelligence community shall minimize the
acquisition and retention, and prohibit the
dissemination, of the information in accordance with
the procedures adopted under subparagraph (A).''.
SEC. 19. REQUIRED DISCLOSURE.
Section 2703 of title 18, United States Code, is amended by adding
at the end the following:
``(i) Covered Customer or Subscriber Records and Illegitimately
Obtained Information.--
``(1) Definitions.--In this subsection, the terms `covered
customer or subscriber record', `illegitimately obtained
information', and `third party' 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 third party to disclose a covered customer or
subscriber record or any illegitimately obtained information if
a court order would be required for the governmental entity to
require a provider of remote computing service or a provider of
electronic communication service to the public to disclose such
a covered customer or subscriber record or illegitimately
obtained information that is a record of a customer or
subscriber of the provider.
``(3) Orders.--
``(A) In general.--A court may only issue an order
requiring a third party to disclose a covered customer
or subscriber record or any illegitimately obtained
information on the same basis and subject to the same
limitations as would apply to a court order to require
disclosure by a provider of remote computing service or
a provider of electronic communication service to the
public of a record of a customer or subscriber of the
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 a
provider of remote computing service or a provider of
electronic communication service to the public of a
record of a customer or subscriber of the provider.''.
SEC. 20. INTERMEDIARY SERVICE PROVIDERS.
(a) Definition.--Section 2711 of title 18, United States Code, is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the term `intermediary service provider' means an
entity or facilities owner or operator that directly or
indirectly delivers, stores, or processes communications for or
on behalf of a provider of electronic communication service to
the public or a provider of remote computing service.''.
(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), 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 service provider shall not knowingly
divulge--
``(A) to any person or entity the contents of a
communication while in electronic storage by that
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 provider of
electronic communication service to the public or the
provider of remote computing service for, or on behalf
of, which the intermediary service provider directly or
indirectly delivers, transmits, stores, or processes
communications.''.
SEC. 21. LIMITS ON SURVEILLANCE CONDUCTED FOR FOREIGN INTELLIGENCE
PURPOSES OTHER THAN UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) In General.--Section 2511(2)(f) of title 18, United States
Code, is amended to read as follows:
``(f)(i)(A) Nothing contained in this chapter, chapter 121 or 206
of this title, or section 705 of the Communications Act of 1934 (47
U.S.C. 151 et seq.) shall be deemed to affect an acquisition or
activity described in clause (B) that is carried out utilizing a means
other than electronic surveillance, as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
``(B) An acquisition or activity described in this clause is--
``(I) an acquisition by the United States Government of
foreign intelligence information from international or foreign
communications that--
``(aa) is acquired pursuant to express statutory
authority; or
``(bb) only includes information of persons who are
not United States persons and are located outside the
United States; or
``(II) a foreign intelligence activity involving a foreign
electronic communications system that--
``(aa) is conducted pursuant to express statutory
authority; or
``(bb) only involves the acquisition by the United
States Government of information of persons who are not
United States persons and are located outside the
United States.
``(ii) The procedures in this chapter, chapter 121, and the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
the exclusive means by which electronic surveillance, as defined in
section 101 of such Act, and the interception of domestic wire, oral,
and electronic communications may be conducted.''.
(b) Exclusive Means Related to Communications Records.--The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
the exclusive means by which electronic communications transactions
records, call detail records, or other information from communications
of United States persons or persons inside the United States are
acquired for foreign intelligence purposes inside the United States or
from a person or entity located in the United States that provides
telecommunications, electronic communication, or remote computing
services.
(c) Exclusive Means Related to Location Information, Web Browsing
History, and Internet Search History.--
(1) Definition.--In this subsection, the term ``location
information'' has the meaning given that term in subsection (e)
of section 2702 of title 18, United States Code, as added by
section 2 of this Act.
(2) Exclusive means.--Title I and sections 303, 304, 703,
704, and 705 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq., 1823, 1824, 1881b, 1881c, 1881d)
shall be the exclusive means by which location information, web
browsing history, and internet search history of United States
persons or persons inside the United States are acquired for
foreign intelligence purposes inside the United States or from
a person or entity located in the United States.
(d) Exclusive Means Related to Fourth Amendment-Protected
Information.--Title I and sections 303, 304, 703, 704, and 705 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.,
1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive means by which
any information, records, data, or tangible things are acquired for
foreign intelligence purposes from a person or entity located in the
United States if the compelled production of such information, records,
data, or tangible things would require a warrant for law enforcement
purposes.
(e) Definition.--In this section, 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).
SEC. 22. LIMIT ON CIVIL IMMUNITY FOR PROVIDING INFORMATION, FACILITIES,
OR TECHNICAL ASSISTANCE TO THE GOVERNMENT ABSENT A COURT
ORDER.
Section 2511(2)(a) of title 18, United States Code, is amended--
(1) in subparagraph (ii), by striking clause (B) and
inserting the following:
``(B) a certification in writing--
``(I) by a person specified in section 2518(7) or
the Attorney General of the United States;
``(II) that the requirements for an emergency
authorization to intercept a wire, oral, or electronic
communication under section 2518(7) have been met; and
``(III) that the specified assistance is
required,''; and
(2) by striking subparagraph (iii) and inserting the
following:
``(iii) For assistance provided pursuant to a certification under
subparagraph (ii)(B), the limitation on causes of action under the last
sentence of the matter following subparagraph (ii)(B) shall only apply
to the extent that the assistance ceased at the earliest of the time
the application for a court order was denied, the time the
communication sought was obtained, or 48 hours after the interception
began.''.
SEC. 23. 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) is amended--
(1) in subsection (b)(2)--
(A) by striking ``may not intentionally'' and
inserting the following: ``may not--
``(A) intentionally''; and
(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. 24. 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--CERTIFICATION REGARDING ACCURACY PROCEDURES
``SEC. 901. 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.
``(c) 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) 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--CERTIFICATION REGARDING ACCURACY PROCEDURES
``Sec. 901. Certification regarding accuracy procedures.''.
SEC. 25. 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);'';
(4) in paragraph (9) (as redesignated in paragraph (2) of
this subsection), by striking ``and'' at the end;
(5) in paragraph (10) (as redesignated in paragraph (2) of
this subsection), by striking the period at the end and
inserting a semicolon;
(6) 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) 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, where such
communications or information were obtained without a court
order, subpoena, or other legal process established by statute;
``(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 without a court order,
subpoena, or other legal process established by statute; and
``(14) a good faith estimate of what percentage of the
communications that are subject to the procedures described in
section 309(b)(3) of the Intelligence Authorization Act for
Fiscal Year 2015 (50 U.S.C. 1813(b)(3))--
``(A) are retained for longer than 5 years; and
``(B) are retained for longer than 5 years in whole
in part because they are encrypted.''.
(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. 26. QUARTERLY REPORT .
Section 707 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881f) is amended by adding at the end the following:
``(c) Quarterly Report.--The Attorney General, in consultation with
the Director of National Intelligence, shall submit a report, each
quarter, to the congressional intelligence committees and to the
Committees on the Judiciary of the Senate and of the House of
Representatives, which shall include, for that quarter, the following:
``(1) The total number of warrants issued to conduct a
query of information acquired under section 702.
``(2) The total number of times a query was conducted
pursuant to an exception under section 702(f)(2)(B) and which
exceptions applied.
``(3) The total number of queries of information acquired
under section 702 that were conducted using a United States
person query term or a query term pertaining to a person
reasonably believed to be present in the United States as of
the date such query was conducted, disaggregated by the agency
that conducted the queries.''.
Union Calendar No. 248
118th CONGRESS
1st Session
H. R. 6570
[Report No. 118-307, Part I]
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to reform
certain authorities and to provide greater transparency and oversight.
_______________________________________________________________________
December 11, 2023
Reported from the Committee on the Judiciary with an amendment
December 11, 2023
Permanent Select Committee on Intelligence discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed