[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3961 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 3961
To amend the Foreign Intelligence Surveillance Act of 1978 to reform
certain authorities and to provide greater transparency and oversight.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2024
Mr. Durbin (for himself, Mr. Lee, Ms. Hirono, Mr. Daines, Mr. Wyden,
Ms. Lummis, Ms. Baldwin, Mr. Heinrich, Ms. Warren, Mr. Markey, Mr.
Tester, Mr. Sanders, and Mr. Welch) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Security And
Freedom Enhancement Act of 2024'' or the ``SAFE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE
COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978
Sec. 101. Query procedure reform.
Sec. 102. Quarterly reports.
Sec. 103. Accountability procedures for incidents relating to queries
conducted by the Federal Bureau of
Investigation.
Sec. 104. Prohibition on reverse targeting of United States persons and
persons located in the United States.
Sec. 105. FISA court review of targeting decisions.
Sec. 106. Repeal of authority for the resumption of abouts collection.
Sec. 107. Extension of title VII of FISA; expiration of FISA
authorities; effective dates.
TITLE II--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 201. Application for an order under the Foreign Intelligence
Surveillance Act of 1978.
Sec. 202. Criminal penalties for violations of FISA.
Sec. 203. Increased penalties for civil actions.
Sec. 204. Agency procedures to ensure compliance.
Sec. 205. Limit on civil immunity for providing information,
facilities, or technical assistance to the
Government absent a court order.
TITLE III--REFORMS RELATING TO PROCEEDINGS BEFORE THE FOREIGN
INTELLIGENCE SURVEILLANCE COURT AND OTHER COURTS
Sec. 301. Foreign Intelligence Surveillance Court reform.
Sec. 302. Public disclosure and declassification of certain documents.
Sec. 303. Submission of court transcripts to Congress.
Sec. 304. Contempt power of FISC and FISCR.
TITLE IV--INDEPENDENT EXECUTIVE BRANCH OVERSIGHT
Sec. 401. Periodic audit of FISA compliance by Inspector General.
Sec. 402. Intelligence community parity and communications with Privacy
and Civil Liberties Oversight Board.
TITLE V--PROTECTIONS FOR UNITED STATES PERSONS WHOSE SENSITIVE
INFORMATION IS PURCHASED BY INTELLIGENCE AND LAW ENFORCEMENT AGENCIES
Sec. 501. Limitation on intelligence acquisition of United States
person data.
Sec. 502. Limitation on law enforcement purchase of personal data from
data brokers.
Sec. 503. Consistent protections for demands for data held by
interactive computing services.
Sec. 504. Consistent privacy protections for data held by data brokers.
Sec. 505. Protection of data entrusted to intermediary or ancillary
service providers.
TITLE VI--TRANSPARENCY
Sec. 601. Enhanced reports by Director of National Intelligence.
TITLE VII--LIMITED DELAYS IN IMPLEMENTATION
Sec. 701. Limited delays in implementation.
TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE
COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978
SEC. 101. QUERY PROCEDURE REFORM.
(a) Mandatory Audits of United States Person Queries Conducted by
Federal Bureau of Investigation.--
(1) In general.--The Department of Justice shall conduct an
audit of a significant representative sample of covered
queries, as defined in paragraph (6) of section 702(f) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a(f)), as redesignated and amended by subsection (b) of
this section, conducted during the 180-day period beginning on
the date of enactment of this Act, and during each 180-day
period thereafter.
(2) Completion of audit.--Not later than 90 days after the
end of each 180-day period described in paragraph (1), the
Department of Justice shall complete the audit described in
such paragraph with respect to such 180-day period.
(b) Restrictions Relating to Conduct of Certain Queries by Federal
Bureau of Investigation.--Section 702(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended--
(1) by redesignating paragraph (3) as paragraph (6);
(2) by inserting before paragraph (6) the following:
``(5) Querying procedures applicable to federal bureau of
investigation.--For any procedures adopted under paragraph (1)
applicable to the Federal Bureau of Investigation, the Attorney
General, in consultation with the Director of National
Intelligence, shall include the following requirements:
``(A) Training.--A requirement that, prior to
conducting any query, and on an annual basis thereafter
as a prerequisite for continuing to conduct queries,
personnel of the Federal Bureau of Investigation
successfully complete training on the querying
procedures.
``(B) Additional prior approvals for sensitive
queries.--A requirement that, absent exigent
circumstances, prior to conducting certain queries,
personnel of the Federal Bureau of Investigation
receive approval, at minimum, as follows:
``(i) Approval from the Deputy Director of
the Federal Bureau of Investigation if the
query uses a query term reasonably believed to
identify a United States elected official, an
appointee of the President or the governor of a
State, a United States political candidate, a
United States political organization or a
United States person prominent in such
organization, or a United States media
organization or a United States person who is a
member of such organization.
``(ii) Approval from an attorney of the
Federal Bureau of Investigation if the query
uses a query term reasonably believed to
identify a United States religious organization
or a United States person who is prominent in
such organization.
``(iii) Approval from an attorney of the
Federal Bureau of Investigation for 2 or more
queries conducted together as a batch job.
``(C) Prior written justification.--A requirement
that--
``(i) prior to conducting a covered query,
personnel of the Federal Bureau of
Investigation generate a written statement of
the specific factual basis to support the
reasonable belief that such query meets the
standards required by the procedures adopted
under paragraph (1); and
``(ii) for each covered query, the Federal
Bureau of Investigation shall keep a record of
the query term, the date of the conduct of the
query, the identifier of the personnel
conducting the query, and such written
statement.
``(D) Affirmative election to include section 702
information in queries.--Any system of the Federal
Bureau of Investigation that stores unminimized
contents or noncontents obtained through acquisitions
authorized under subsection (a) together with contents
or noncontents obtained through other lawful means
shall be configured in a manner that--
``(i) requires personnel of the Federal
Bureau of Investigation to affirmatively elect
to include such unminimized contents or
noncontents obtained through acquisitions
authorized under subsection (a) when running a
query; or
``(ii) includes other controls reasonably
expected to prevent inadvertent queries of such
unminimized contents or noncontents.''; and
(3) in paragraph (6), as so redesignated--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) The term `covered query' means a query
conducted--
``(i) using a term associated with a United
States person or a 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; or
``(ii) for the purpose of finding the
information of a United States person or a
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.''.
(c) Prohibition on Warrantless Access to the Communications and
Other Information 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) by inserting ``and the limitations
and requirements in paragraph (2)'' after ``Constitution of the
United States'';
(2) by striking paragraph (2) and inserting the following:
``(2) Prohibition on warrantless access to 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 access communications content, or
information the compelled disclosure of which would
require a probable cause warrant if sought for law
enforcement purposes inside the United States, acquired
under subsection (a) and returned in response to a
covered query.
``(B) Exceptions for concurrent authorization,
consent, emergency situations, and certain defensive
cybersecurity queries.--
``(i) In general.--Subparagraph (A) shall
not apply if--
``(I) the person to whom the query
relates is the subject of an order or
emergency authorization authorizing
electronic surveillance, a physical
search, or an acquisition under this
section or section 105, section 304,
section 703, or section 704 of this Act
or a warrant issued pursuant to the
Federal Rules of Criminal Procedure by
a court of competent jurisdiction;
``(II)(aa) the officer or employee
accessing the communications content or
information 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 the threat
described in subitem (AA), the
communications content or
information must be accessed
before authorization described
in subclause (I) can, with due
diligence, be obtained; and
``(bb) not later than 14 days after
the communications content or
information is accessed, a description
of the circumstances justifying the
accessing of the query results is
provided to the Foreign Intelligence
Surveillance Court, the congressional
intelligence committees, the Committee
on the Judiciary of the House of
Representatives, and the Committee on
the Judiciary of the Senate;
``(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 for the
access on a case-by-case basis; or
``(IV)(aa) the communications
content or information is accessed and
used for the sole purpose of
identifying targeted recipients of
malicious software and preventing or
mitigating harm from such malicious
software;
``(bb) other than malicious
software and cybersecurity threat
signatures, no communications content
or other information are accessed or
reviewed; and
``(cc) the accessing of query
results is reported to the Foreign
Intelligence Surveillance Court.
``(ii) Limitations.--
``(I) Use in subsequent
proceedings.--No communications content
or information accessed under clause
(i)(II) or information derived from
such access may be used, received in
evidence, or otherwise disseminated in
any 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 that
arises from the threat that prompted
the query.
``(II) Assessment of compliance.--
Not less frequently than annually, the
Attorney General shall assess
compliance with the requirements under
subclause (I).
``(C) Matters relating to emergency queries.--
``(i) Treatment of denials.--In the event
that communications content or information
returned in response to a covered query are
accessed pursuant to an emergency authorization
described in subparagraph (B)(i)(I) and the
subsequent application to authorize electronic
surveillance, a physical search, or an
acquisition pursuant to section 105(e), section
304(e), section 703(d), or section 704(d) of
this Act is denied, or in any other case in
which communications content or information
returned in response to a covered query are
accessed in violation of this paragraph--
``(I) no communications content or
information acquired or evidence
derived from such access may be used,
received in evidence, or otherwise
disseminated in any investigation by or
in any 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 communications content or
information acquired or derived from
such access may subsequently be used or
disclosed in any other manner without
the consent of the person to whom the
covered query relates, except in the
case that the Attorney General approves
the use or disclosure of such
information in order to prevent the
death of or serious bodily harm to any
person.
``(ii) Assessment of compliance.--Not less
frequently than annually, the Attorney General
shall assess compliance with the requirements
under clause (i).
``(D) Foreign intelligence purpose.--
``(i) In general.--Except as provided in
clause (ii) of this subparagraph, no officer or
employee of the United States may conduct a
covered query of information acquired under
subsection (a) unless the query is reasonably
likely to retrieve foreign intelligence
information.
``(ii) Exceptions.--An officer or employee
of the United States may conduct a covered
query of information acquired under this
section if--
``(I)(aa) the officer or employee
conducting the query has a reasonable
belief that an emergency exists
involving an imminent threat of death
or serious bodily harm; and
``(bb) not later than 14 days after
the query is conducted, a description
of the query is provided to the Foreign
Intelligence Surveillance Court, the
congressional intelligence committees,
the Committee on the Judiciary of the
House of Representatives, and the
Committee on the Judiciary of the
Senate;
``(II) the person to whom the query
relates or, if such person is incapable
of providing consent, a third party
legally authorized to consent on behalf
of such person, has provided consent
for the query on a case-by-case basis;
``(III)(aa) 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;
``(bb) other than malicious
software and cybersecurity threat
signatures, no additional contents of
communications acquired as a result of
the query are accessed or reviewed; and
``(cc) the query is reported to the
Foreign Intelligence Surveillance
Court; or
``(IV) the query is necessary to
identify information that must be
produced or preserved in connection
with a litigation matter or to fulfill
discovery obligations in a criminal
matter under the laws of the United
States or any State thereof.
``(3) Documentation.--No officer or employee of the United
States may access communications content, or information the
compelled disclosure of which would require a probable cause
warrant if sought for law enforcement purposes inside the
United States, returned in response to a covered query unless
an electronic record is created that includes a statement of
facts showing that the access is authorized pursuant to an
exception specified in paragraph (2)(B)(i).
``(4) Query record system.--The head of each agency that
conducts queries shall ensure that a system, mechanism, or
business practice is in place to maintain the record described
in paragraph (3). Not later than 90 days after the date of
enactment of the SAFE Act, the head of each agency that
conducts queries shall report to Congress on its compliance
with this procedure.''.
(d) Conforming Amendments.--
(1) Section 603(b)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1873(b)(2)) is amended, in
the matter preceding subparagraph (A), by striking ``,
including pursuant to subsection (f)(2) of such section,''.
(2) Section 706(a)(2)(A)(i) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881e(a)(2)(A)(i)) is
amended by striking ``obtained an order of the Foreign
Intelligence Surveillance Court to access such information
pursuant to section 702(f)(2)'' and inserting ``accessed such
information in accordance with section 702(b)(2)''.
SEC. 102. QUARTERLY REPORTS.
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 Reports.--The Attorney General, in consultation
with the Director of National Intelligence, shall submit to the
congressional intelligence committees, the Committee on the Judiciary
of the Senate, and the Committee on the Judiciary of the House of
Representatives a quarterly report, which shall include, for that
quarter, disaggregated by each agency that conducts queries of
information acquired under section 702, the following information:
``(1) The total number of covered queries (as defined in
section 702(f)(6)) conducted of information acquired under
section 702.
``(2) The number of times an officer or employee of the
United States accessed communications contents (as defined in
section 2510(8) of title 18, United States Code) or information
the compelled disclosure of which would require a probable
cause warrant if sought for law enforcement purposes in the
United States, returned in response to such queries.
``(3) The number of applications for orders relating to an
emergency authorization described in subclause (I) of section
702(f)(2)(B)(i) with respect to a person for which
communications contents or information relating to such person
were accessed under such subclause and the number of such
orders granted.
``(4) The number of times an exception subclause (II),
(III), or (IV) of section 702(f)(2)(B)(i) was asserted,
disaggregated by the subclause under which an exception was
asserted.''.
SEC. 103. 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 the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by inserting after the item relating to section 708 the
following:
``Sec. 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 enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to the Committee on the Judiciary of
the House of Representatives, the Committee on the Judiciary of
the Senate, and 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 Committee on the
Judiciary of the House of Representatives, the Committee on the
Judiciary of the Senate, and 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. 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) 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 target
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;
``(II) the information is necessary to
mitigate that threat;
``(III) a description of the targeting is
provided to the Foreign Intelligence
Surveillance Court, the congressional
intelligence committees, the Committee on the
Judiciary of the Senate, and the Committee on
the Judiciary of the House of Representatives
in a timely manner; and
``(IV) any information acquired from such
targeting is used, received in evidence, or
otherwise disseminated solely in an
investigation by or in a trial, hearing, or
other proceeding in or before a court, grand
jury, department, office, agency, regulatory
body, legislative committee, or other authority
of the United States, a State, or political
subdivision thereof, that arises from the
threat that prompted the targeting; 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;'';
(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), targeting 1 or more United States
persons or persons reasonably believed to be in
the United States at the time of acquisition or
communication is not a significant purpose of
an acquisition; 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 target 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
target 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. FISA COURT REVIEW OF TARGETING DECISIONS.
Section 702 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a) is amended--
(1) in subsection (h)(2)--
(A) in subparagraph (D)(ii), by striking ``and'' at
the end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) include a random sample of targeting
decisions and supporting written justifications from
the prior year, using a sample size and methodology
that has been approved by the Foreign Intelligence
Surveillance Court.''; and
(2) in subsection (j)(1)--
(A) by striking ``subsection (g)'' each place it
appears and inserting ``subsection (h)''; and
(B) in subparagraph (A), as amended by subparagraph
(A) of this paragraph, by inserting ``, including
reviewing the random sample of targeting decisions and
written justifications submitted under subsection
(h)(2)(F),'' after ``subsection (h)''.
SEC. 106. 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; 132 Stat. 10) is amended--
(A) by striking subsection (b) (50 U.S.C. 1881a
note); and
(B) by striking ``(a) In General.--''.
SEC. 107. 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) (50 U.S.C. 1881 note)--
(A) by striking ``April 19, 2024'' and inserting
``December 31, 2027''; 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) (18 U.S.C. 2511 note), in the matter
preceding subparagraph (A), by striking ``April 19, 2024'' and
inserting ``December 31, 2027''.
(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 ``April 19, 2024''
and inserting ``December 31, 2027''; 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,'' both places it appears and inserting ``, as
most recently amended,''.
TITLE II--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978
SEC. 201. APPLICATION FOR AN ORDER UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) Requirement for Sworn Statements for Factual Assertions.--
(1) Title i.--Subsection (a)(3) of section 104 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804)
is amended by striking ``a statement of'' and inserting ``a
sworn statement of''.
(2) Title iii.--Subsection (a)(3) of section 303 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1823)
is amended by striking ``a statement of'' and inserting ``a
sworn statement of''.
(3) Section 703.--Subsection (b)(1)(C) of section 703 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881b) is amended by striking ``a statement of'' and inserting
``a sworn statement of''.
(4) Section 704.--Subsection (b)(3) of section 704 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881c)
is amended by striking ``a statement of'' and inserting ``a
sworn statement of''.
(5) Applicability.--The amendments made by this subsection
shall apply with respect to applications made on or after the
date that is 120 days after the date of enactment of this Act.
(b) Description of Techniques Carried Out Before Application.--
(1) Title i.--Subsection (a) of section 104 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is
amended--
(A) in paragraph (8), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(10) with respect to a target who is a United States
person, a statement summarizing the investigative techniques
carried out before making the application;''.
(2) Applicability.--The amendments made by this subsection
shall apply with respect to applications made on or after the
date that is 120 days after the date of enactment of this Act.
(c) Requirement for Certain Justification Prior to Extension of
Orders.--
(1) Applications for extension of orders under title i.--
Subsection (a) of section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804), as amended by this
Act, is further amended by adding at the end the following:
``(11) in the case of an application for an extension of an
order under this title for a surveillance targeted against a
United States person, a summary statement of the foreign
intelligence information obtained pursuant to the original
order (and any preceding extension thereof) as of the date of
the application for the extension, or a reasonable explanation
of the failure to obtain such information;''.
(2) Applications for extension of orders under title iii.--
Subsection (a) of section 303 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1823) is amended--
(A) in paragraph (7), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (8), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(9) in the case of an application for an extension of an
order under this title in which the target of the physical
search is a United States person, a summary statement of the
foreign intelligence information obtained pursuant to the
original order (and any preceding extension thereof) as of the
date of the application for the extension, or a reasonable
explanation of the failure to obtain such information;''.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to applications made on or after the
date that is 120 days after the date of enactment of this Act.
(d) Requirement for Justification of Underlying Criminal Offense in
Certain Applications.--
(1) Title i.--Subsection (a)(3)(A) of section 104 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804)
is amended by inserting before the semicolon at the end the
following: ``, and, in the case of a target that is a United
States person alleged to be acting as an agent of a foreign
power (as described in section 101(b)(2)(B)), that a violation
of the criminal statutes of the United States as referred to in
section 101(b)(2)(B) has occurred or will occur''.
(2) Title iii.--Subsection (a)(3)(A) of section 303 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1823)
is amended by inserting before the semicolon at the end the
following: ``, and, in the case of a target that is a United
States person alleged to be acting as an agent of a foreign
power (as described in section 101(b)(2)(B)), that a violation
of the criminal statutes of the United States as referred to in
section 101(b)(2)(B) has occurred or will occur''.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to applications made on or after the
date that is 120 days after the date of enactment of this Act.
(e) Required Disclosure of Relevant Information in Foreign
Intelligence Surveillance Act of 1978 Applications.--
(1) In general.--The Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the
end the following:
``TITLE IX--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.''.
(2) Clerical amendment.--The table of contents for the
Foreign Intelligence Surveillance Act of 1978 is amended by
adding at the end the following:
``TITLE IX--REQUIRED DISCLOSURE OF RELEVANT INFORMATION
``Sec. 901. Disclosure of relevant information.''.
(f) Certification Regarding Accuracy Procedures.--
(1) Certification regarding accuracy procedures.--Title IX
of the Foreign Intelligence Surveillance Act of 1978, as added
by subsection (e) of this section, 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 (as defined in section 101) 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 to address, on an annual basis, 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.''.
(2) Technical amendment.--The table of contents for the
Foreign Intelligence Surveillance Act of 1978, as amended by
subsection (e) of this section, is amended by adding at the end
the following:
``Sec. 902. Certification regarding accuracy procedures.''.
(g) 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;
``(2) with regard to information gathered from the content
of a media source, the application includes an explanation of
the investigative techniques used to corroborate the
information; and
``(3) with regard to information gathered by a political
campaign, such information is not the sole source of the
information used to justify the applicant's belief described in
subsection (a)(3).''.
(h) 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) for an application that is based, in whole or in
part, on information obtained from the content of a media
source or information gathered by a political campaign--
``(A) such information is disclosed in the
application as having been so obtained or gathered;
``(B) with regard to information gathered from the
content of a media source, the application includes an
explanation of the investigative techniques used to
corroborate the information; and
``(C) with regard to information gathered by a
political campaign, such information is not the sole
source of the information used to justify the
applicant's belief described in section 104(a)(3).''.
SEC. 202. 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--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``intentionally'';
(B) in paragraph (1)--
(i) by inserting ``intentionally'' before
``engages''; and
(ii) by striking ``or'' at the end;
(C) in paragraph (2)--
(i) by inserting ``intentionally'' before
``disclose''; 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 court established under section 103(a) or
the court established under section 103(b), 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, except insofar as such disclosure is
authorized by statute or executive order setting forth
permissible disclosures by whistleblowers.''; and
(2) in subsection (c), by striking ``five'' and inserting
``8''.
(b) Rule of Construction.--This section and the amendments made by
this section 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. 203. INCREASED PENALTIES FOR CIVIL ACTIONS.
(a) Increased Penalties.--Section 110 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1810) is amended by striking
subsection (a) and inserting the following:
``(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 court
established under section 103(a). Such court shall maintain a list of
each person about whom it received a report under this subsection.''.
SEC. 204. 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.)
is amended by adding at the end the following:
``SEC. 605. 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 a violation described in paragraph (1), including
more severe adverse personnel actions for any subsequent
violation by such officer or employee.''.
(b) Clerical Amendment.--The table of contents for the Foreign
Intelligence Surveillance Act of 1978 is amended by inserting after the
item relating to section 604 the following:
``Sec. 605. Agency procedures to ensure compliance.''.
(c) Report.--Not later than 90 days after the date of enactment of
this Act, the head of each Federal department or agency that is
required to establish procedures under section 605 of the Foreign
Intelligence Surveillance Act of 1978, as added by subsection (a) of
this section, shall report to Congress on the implementation of such
procedures.
SEC. 205. 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 that
subparagraph 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.''.
TITLE III--REFORMS RELATING TO PROCEEDINGS BEFORE THE FOREIGN
INTELLIGENCE SURVEILLANCE COURT AND OTHER COURTS
SEC. 301. 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;
or
``(vi) otherwise presents novel or
significant civil liberties issues; 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 paragraph (1) of this subsection, 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 court established
under subsection (a), an amicus curiae
appointed under paragraph (2) may petition the
court to certify for review to the court
established under subsection (b) a question of
law pursuant to subsection (j).
``(ii) Written statement of reasons.--If
the court established under subsection (a)
denies a petition under this subparagraph, the
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 established under
subsection (b) shall appoint the amicus curiae
to assist the court in its consideration of the
certified question, unless the court 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
court established under subsection (b) 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 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 court
established under subsection
(a) 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 court established under
subsection (a) or the court
established under subsection
(b) 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 court established under
subsection (a), 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
court established under subsection (a) and the court
established under subsection (b), including, if the
individual is eligible for access to classified
information, any classified documents, information, and
other materials or proceedings.''.
(C) Consultation among amici curiae.--Section
103(i)(6) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1803(i)(6)) is amended--
(i) by redesignating subparagraph (D) as
subparagraph (E); and
(ii) by inserting after subparagraph (C)
the following:
``(D) Consultation among amici curiae.--An amicus
curiae appointed under paragraph (2) by the court
established under subsection (a) or the court
established under subsection (b) may consult with 1 or
more of the other individuals designated by the court
to serve as amicus curiae pursuant to paragraph (1) of
this subsection regarding any of the information
relevant to any assigned proceeding.''.
(4) Effective date.--The amendments made by this subsection
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. 302. 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 ``, to be concluded not later than 180
days after the issuance of such decision, order, or opinion,''
after ``(as defined in section 601(e))''; and
(2) by inserting ``or results in a change of application of
any provision of this Act or a novel application of any
provision of this Act'' after ``law''.
SEC. 303. SUBMISSION OF COURT TRANSCRIPTS TO CONGRESS.
Section 601(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1871(c)), as amended by section 302 of this Act, is
amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) for any matter at which a court reporter is present
and creates a transcript of a hearing or oral argument before
the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review, a copy of each such
transcript not later than 45 days after the government's
receipt of the transcript or the date on which the matter
concerning such hearing or oral argument is resolved, whichever
is later.''.
SEC. 304. CONTEMPT POWER OF FISC AND FISCR.
(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 those terms in section 601(e) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(e)).''.
(b) Clerical Amendment.--The table of sections for chapter 21 of
title 18, United States Code, is amended by adding at the end the
following:
``404. Definitions.''.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Foreign Intelligence
Surveillance Court and the Foreign Intelligence Surveillance Court of
Review (as those terms are defined in section 601(e) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(e))) shall
jointly submit to Congress a report on the exercise of authority under
chapter 21 of title 18, United States Code, by those courts during the
1-year period ending on the date that is 60 days before the date of
submission of the report.
TITLE IV--INDEPENDENT EXECUTIVE BRANCH OVERSIGHT
SEC. 401. PERIODIC 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.), as amended by
section 204 of this Act, is amended by adding at the end the following:
``SEC. 606. PERIODIC AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.
``Not later than June 30 of the first calendar year that begins
after the date of enactment of this section, and every 5 years
thereafter, the Inspector General of the Department of Justice shall--
``(1) conduct an audit of alleged or potential violations
and failures to comply with the requirements of this Act, and
any procedures established pursuant to this Act, which shall
include an analysis of the accuracy and completeness of
applications and certifications for orders submitted under each
of sections 105, 303, 402, 502, 702, 703, and 704; and
``(2) submit to the Select Committee on Intelligence of the
Senate, the Committee on the Judiciary of the Senate, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Committee on the Judiciary of the
House of Representatives a report on the audit required under
paragraph (1).''.
(b) Clerical Amendment.--The table of contents for the Foreign
Intelligence Surveillance Act of 1978, as amended by section 204 of
this Act, is amended by inserting after the item relating to section
605 the following:
``Sec. 606. Periodic audit of FISA compliance by Inspector General.''.
SEC. 402. 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.''.
TITLE V--PROTECTIONS FOR UNITED STATES PERSONS WHOSE SENSITIVE
INFORMATION IS PURCHASED BY INTELLIGENCE AND LAW ENFORCEMENT AGENCIES
SEC. 501. LIMITATION ON INTELLIGENCE ACQUISITION OF UNITED STATES
PERSON DATA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003));
(B) the Committee on the Judiciary of the Senate;
and
(C) the Committee on the Judiciary of the House of
Representatives.
(2) 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.
(3) 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
acquisition of the covered data; or
(B) is a United States person.
(4) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(5) State, united states, united states person.--The terms
``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).
(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 court order.--An element of
the intelligence community may acquire covered data if the
collection has been authorized by an order or emergency
authorization issued pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or title 18,
United States Code, 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 Constitution of the United States, 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 there is a
reasonable belief than an emergency exists involving an
imminent threat of death or serious bodily harm and the covered
data is necessary to mitigate that threat, provided that--
(A) access to and use of the covered data is
limited to addressing the threat; and
(B) the covered data is destroyed at such time as
it is no longer necessary for such purpose.
(6) Exception for consent.--An element of the intelligence
community may acquire covered data if--
(A) each covered person linked or reasonably
linkable 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, and to restrict the querying, 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 not subject to 1 or more
exceptions set forth in paragraphs (2) through (6) of
subsection (b), such covered data shall be promptly destroyed.
(4) Querying.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), no officer or employee of an
element of the intelligence community may conduct a
query of covered data, including covered 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 or emergency authorization issued
under the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.) or title 18,
United States Code, that would authorize the
element of the intelligence community to compel
the production of the covered data, during the
effective period of that order;
(ii) the purpose of the query is to
retrieve information about an employee of, or
applicant for employment by, an element of the
intelligence community, provided that any
covered data accessed through such query is
used only for such purpose;
(iii) the query is conducted for the
purpose of supporting compliance with
collection limitations and minimization
requirements imposed by statute, guidelines,
procedures, or the Constitution of the United
States, provided that any covered data accessed
through such query is used only for such
purpose;
(iv) the officer or employee of an element
of the intelligence community carrying out the
query has a reasonable belief that an emergency
exists involving an imminent threat of death or
serious bodily harm, and that in order to
prevent or mitigate such threat, the query must
be conducted before a court order can, with due
diligence, be obtained, provided that any
covered data accessed through such query is
used only for such purpose; or
(v) such covered person or, if such person
is incapable of providing consent, a third
party legally authorized to consent on behalf
of the person has consented to the query,
provided that any use of covered data accessed
through such query is limited to the purposes
for which the consent was provided.
(C) Special rule for nonsegregable datasets.--For a
query of a dataset acquired under subsection (b)(7)--
(i) each query shall be reasonably designed
to exclude personal data of covered persons,
unless the query is subject to an exception set
forth in paragraph (4); and
(ii) any personal data of covered persons
returned pursuant to a query that is not
subject to an exception set forth in paragraphs
(2) through (7) of subsection (b) shall not be
reviewed and shall immediately be 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 by or in any 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 of Defense for Intelligence and Security,
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 the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or title 18, United
States Code.
SEC. 502. LIMITATION 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--
``(I) data that is lawfully
available through Federal, State, or
local government records or through
widely distributed media; or
``(II) a specific communication or
transaction with a targeted individual
who is not a covered person.
``(2) Limitation.--
``(A) In general.--
``(i) Prohibition.--Subject to clauses (ii)
through (x), 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.
``(viii) Exception for life or safety.--
Clause (i) shall not apply to covered personal
data that is obtained by a covered governmental
entity if there is a reasonable belief than an
emergency exists involving an imminent threat
of death or serious bodily harm to a covered
person and the covered data is necessary to
mitigate that threat, provided that--
``(I) access to and use of the
covered personal data is limited to
addressing the threat; and
``(II) the covered personal data is
destroyed at such time as it is no
longer necessary for such purpose.
``(ix) Exception for compliance purposes.--
Clause (i) shall not apply to covered personal
data that is obtained by a covered governmental
entity for the purpose of supporting compliance
with collection limitations and minimization
requirements imposed by statute, guidelines,
procedures, or the Constitution of the United
States, provided that--
``(I) access to and use of the
covered personal data is limited to
such purpose; and
``(II) the covered personal data is
destroyed at such time as it is no
longer necessary for such purpose.
``(x) Exception for consent.--Clause (i)
shall not apply to covered personal data that
is obtained by a covered governmental entity
if--
``(I) each covered person linked or
reasonably linkable to the covered
personal data, or, if such covered
person is incapable of providing
consent, a third party legally
authorized to consent on behalf of the
covered person, has provided consent to
the acquisition and use of the data on
a case-by-case basis;
``(II) access to and use of the
covered personal data is limited to the
purposes for which the consent was
provided; and
``(III) the covered personal data
is destroyed at such time as it is no
longer necessary for such purposes.
``(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, unless the covered governmental
entity would have been permitted to obtain the covered personal
data under an exception set forth in paragraph (2)(A).
``(4) Prohibition on use of data obtained in violation of
this section.--
``(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 by or 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.
``(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 (x) of subsection (e)(2)(A) from
the data obtained; and
``(B) to remove and delete covered personal data
described in subparagraph (A) not subject to 1 or more
exceptions set forth in clauses (iii) through (x) of
subsection (e)(2)(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
clause (ii) of subsection (e)(2)(A) not subject to 1 or more
exceptions set forth in clauses (iii) through (x) of such
subsection, 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 or emergency authorization 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 purpose of the query is to
retrieve information 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), provided that any
covered personal data accessed through such
query is used only for such purpose;
``(iii) the purpose of the query is to
retrieve information about an employee of, or
applicant for employment by, a covered
governmental entity that has been obtained by
the covered governmental entity for employment-
related purposes, provided that any covered
personal data accessed through such query is
used only for such purposes;
``(iv) the purpose of the query is to
retrieve information 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,
provided that any covered personal data
accessed through such query is used only for
such purposes;
``(v) the purpose of the query is to
retrieve, and the query is reasonably designed
to retrieve, only lawfully obtained public
data, and only lawfully obtained public data is
accessed and used as a result of the query;
``(vi) the officer or employee of a covered
governmental entity carrying out the query has
a reasonable belief that an emergency exists
involving an imminent threat of death or
serious bodily harm, and in order to prevent or
mitigate that threat, the query must be
conducted before a court order can, with due
diligence, be obtained, provided that any
covered personal data accessed through such
query is used only for such purpose;
``(vii) the query is conducted for the
purpose of supporting compliance with
collection limitations and minimization
requirements imposed by statute, guidelines,
procedures, or the Constitution of the United
States, provided that any covered personal data
accessed through such query is used only for
such purpose; or
``(viii) such covered person or, if such
covered person is incapable of providing
consent, a third party legally authorized to
consent on behalf of the covered person has
consented to the query, provided that any use
of covered personal data accessed through such
query is limited to the purposes for which the
consent was provided.
``(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, unless the query is subject to an
exception set forth in subparagraph (B); and
``(ii) any personal data of covered persons
returned pursuant to a query that is not
subject to an exception set forth in clauses
(ii) through (iii) of subsection (e)(2)(A)
shall not be reviewed and shall immediately be
destroyed.''.
SEC. 503. CONSISTENT PROTECTIONS FOR DEMANDS FOR DATA HELD BY
INTERACTIVE COMPUTING SERVICES.
(a) Definition.--Section 2711 of title 18, United States Code, is
amended--
(1) in paragraph (3)(C), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) the term `online service provider' means a provider
of electronic communication service, a provider of remote
computing service, any information service, system, or access
software provider that provides or enables computer access by
multiple users to a computer server, including specifically a
service or system that provides access to the Internet and such
systems operated or services offered by libraries or
educational institutions; 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''.
(c) Limitation on Voluntary Disclosure.--Section 2702(a) of title
18, United States Code, is amended--
(1) in paragraph (1), by striking ``a person or entity
providing an electronic communication service to the public''
and inserting ``an online service provider'';
(2) in paragraph (2), by striking ``a person or entity
providing remote computing service to the public'' and
inserting ``an online service provider''; and
(3) in paragraph (3), by striking ``a provider of remote
computing service or electronic communication service to the
public'' and inserting ``an online service provider''.
SEC. 504. CONSISTENT PRIVACY PROTECTIONS FOR DATA HELD BY DATA BROKERS.
Section 2703 of title 18, United States Code is amended by adding
at the end the following:
``(i) 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. 505. PROTECTION OF DATA ENTRUSTED TO INTERMEDIARY OR ANCILLARY
SERVICE PROVIDERS.
(a) Definition.--Section 2711 of title 18, United States Code, as
amended by section 503 of this Act, is amended by adding at the end the
following:
``(6) 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)).''.
TITLE VI--TRANSPARENCY
SEC. 601. ENHANCED REPORTS BY DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Section 603(b) 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 targeted
and the number of selectors used under section 702(a),
disaggregated by the certification under which the person 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 section
701(b)(4);'';
(4) in paragraph (9), as so redesignated, by striking
``and'' at the end;
(5) in paragraph (10), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(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 and
conducted under procedures approved by the Attorney General
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 and
conducted under procedures approved by the Attorney General
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 and
conducted under procedures approved by the Attorney General
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 under procedures
approved by the Attorney General and 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 under procedures approved
by the Attorney General and 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 more than 5 years; and
``(B) are retained for more than 5 years because,
in whole or in part, the communications are
encrypted.''.
(b) Repeal of Nonapplicability to Federal Bureau of Investigation
of Certain Requirements.--Section 603(d) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1873(d)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Conforming Amendment.--Section 603(d)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(d)(1)) is amended
by striking ``paragraphs (3), (5), or (6)'' and inserting ``paragraph
(6), (8), or (9)''.
TITLE VII--LIMITED DELAYS IN IMPLEMENTATION
SEC. 701. LIMITED DELAYS IN IMPLEMENTATION.
(a) Definition.--In this section, 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.
(b) Authority.--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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