I 

116TH CONGRESS 

2D SESSION H. R. 5675 

To amend the Foreign Intelligence Surveillance Act of 1978 to protect privacy 

rights, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2020 

Ms. LOFGREN (for herself, Mr. DAVIDSON of Ohio, Ms. JAYAPAL, Mr. GAETZ, 

Mr. BLUMENAUER, and Mr. YOHO) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committees on Intelligence (Permanent Select), Financial Services, Oversight and Reform, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Foreign Intelligence Surveillance Act of 1978 

to protect privacy rights, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Safeguarding Americans’ Private Records Act of 2020’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—REFORM AND OVERSIGHT OF AUTHORITY TO ACCESS 

CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 

AND INTERNATIONAL TERRORISM INVESTIGATIONS AND FOR 

ROVING SURVEILLANCE 

Subtitle A—Reform and Oversight of Authority To Access Certain Business 

Records for Foreign Intelligence and International Terrorism Investigations 

Sec. 101. Repeal of authority to access on an ongoing basis business records 

for foreign intelligence and international terrorism investigations. 

Sec. 102. Exclusion of cell site location and global positioning system information from authority to access business records for foreign intelligence and international terrorism investigations. 

Sec. 103. Exclusion of Internet website browsing and Internet search history 

information from authority to access business records for foreign intelligence and international terrorism investigations. 

Sec. 104. Exclusion from authority to access business records for foreign intelligence and international terrorism investigations of information that would otherwise require a warrant. 

Sec. 105. Modification of requirements relating to connection to foreign power 

for access business records for foreign intelligence and international terrorism investigations. 

Sec. 106. Justification for nondisclosure requirement concerning access business records for foreign intelligence and international terrorism 

investigations. 

Sec. 107. Limitations on retention of tangible things for foreign intelligence 

and international terrorism investigations. 

Sec. 108. Judicial review of compliance with minimization procedures for access 

to certain business records for foreign intelligence and international terrorism investigations. 

Sec. 109. Modification of requirement for Director of National Intelligence to 

report annually on matters relating to orders issued for production of tangible things for foreign intelligence and international terrorism investigations. 

Sec. 110. Limitations on use of information obtained under authority to access 

business records for foreign intelligence and international terrorism investigations. 

Sec. 111. Reforms relating to use of information. 

Sec. 112. Inspector General of Department of Justice report on use of activities 

protected by First Amendment in applications for production 

of business records for foreign intelligence and international 

terrorism investigations. 

Sec. 113. Annual report on waiver of prohibition on use of information obtained 

without an order for production of business records for foreign 

intelligence and international terrorism investigations. 

Subtitle B—Oversight on Use of Authority for Roving Surveillance 

Sec. 121. Inspector General of Department of Justice report on compliance 

with requirements relating to use of authority for electronic 

surveillance. 


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Sec. 122. Annual report on waiver of prohibition on use of information obtained 

without an order for electronic surveillance. 

Subtitle C—Extension of Authority To Access Certain Business Records for 

Foreign Intelligence and International Terrorism Investigations and for 

Roving Surveillance 

Sec. 131. Four-year extension of authority to access certain business records 

for foreign intelligence and international terrorism investigations and for roving surveillance. 

TITLE II—ADDITIONAL REFORMS OF AUTHORITIES UNDER 

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 

Sec. 201. Limitation on production of cell site location and global positioning 

system information under pen register and trap and trace authorities. 

Sec. 202. Extension of authority for individual terrorists to be treated as agents 

of foreign powers under Foreign Intelligence Surveillance Act 

of 1978. 

Sec. 203. Clarification regarding treatment of information acquired under Foreign Intelligence Surveillance Act of 1978. 

TITLE III—REFORMS REGARDING FOREIGN INTELLIGENCE SURVEILLANCE ACT COURT AND PRIVACY AND CIVIL LIBERTIES 

OVERSIGHT BOARD 

Sec. 301. Improved role in oversight of electronic surveillance by amici curiae 

appointed by courts under Foreign Intelligence Surveillance 

Act of 1978. 

Sec. 302. Reforms to the Foreign Intelligence Surveillance Court. 

Sec. 303. Study and report on diversity and representation on the FISA Court 

and the FISA Court of Review. 

Sec. 304. Reforms of the Privacy and Civil Liberties Oversight Board. 

Sec. 305. Clarification of applicability of requirement to declassify significant 

decisions of Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review. 

TITLE IV—SUNSET OF NATIONAL SECURITY LETTER 

AUTHORITIES 

Sec. 401. Sunset of national security letter authority. 

TITLE V—OTHER MATTERS 

Sec. 501. Limitation on collection without express statutory authority. 


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1 TITLE I—REFORM AND OVER2 SIGHT OF AUTHORITY TO AC3 CESS CERTAIN BUSINESS 

4 RECORDS FOR FOREIGN IN5 TELLIGENCE AND INTER6 NATIONAL TERRORISM IN7 VESTIGATIONS AND FOR ROV8 ING SURVEILLANCE 

9 Subtitle A—Reform and Oversight 

10 of Authority To Access Certain 

11 Business Records for Foreign 

12 Intelligence and International 

13 Terrorism Investigations 

14 SEC. 101. REPEAL OF AUTHORITY TO ACCESS ON AN ONGO15 ING BASIS BUSINESS RECORDS FOR FOREIGN 

16 INTELLIGENCE AND INTERNATIONAL TER17 RORISM INVESTIGATIONS. 

18 (a) IN GENERAL.—Subsection (a) of section 501 of 

19 the Foreign Intelligence Surveillance Act of 1978 (50 

20 U.S.C. 1861) is amended by adding at the end the fol21 lowing: 

22 ‘‘(4) The authority under paragraph (1) shall not in23 clude an application for an order requiring the produc24 tion— 


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1 ‘‘(A) on an ongoing basis of any tangible 

2 things; or 

3 ‘‘(B) of any tangible things other than those 

4 identified by the specific selection term included in 

5 the application pursuant to subsection (b)(2)(A).’’. 

6 (b) CONFORMING AMENDMENTS.—Such Act is 

7 amended— 

8 (1) in section 501 (50 U.S.C. 1861)— 

9 (A) in subsection (a)(1), by striking ‘‘Sub10 ject to paragraph (3)’’ and inserting ‘‘Subject 

11 to the provisions of this subsection’’; 

12 (B) in subsection (b)(2)— 

13 (i) by striking subparagraph (C); 

14 (ii) in subparagraph (B), by striking 

15 ‘‘in the case of’’ and all that follows 

16 through ‘‘in subparagraph (C)),’’; 

17 (iii) by redesignating subparagraph 

18 (D) as subparagraph (C); and 

19 (iv) in subparagraph (B)(iii), by strik20 ing the semicolon at the end and inserting 

21 ‘‘; and’’; 

22 (C) in subsection (c)— 

23 (i) in paragraph (1), by striking ‘‘with 

24 subsection (b)(2)(D)’’ and inserting ‘‘with 

25 subsection (b)(2)(C)’’; and 


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1 (ii) in paragraph (2), by striking sub2 paragraph (F) and inserting the following: 

3 ‘‘(F) in the case of an application for call 

4 detail records, shall direct the Government— 

5 ‘‘(i) to adopt minimization procedures 

6 that require the prompt destruction of all 

7 call detail records produced under the 

8 order that the Government determines are 

9 not foreign intelligence information; and 

10 ‘‘(ii) to destroy all call detail records 

11 produced under the order as prescribed by 

12 such procedures.’’; 

13 (D) by amending subsection (j) to read as 

14 follows: 

15 ‘‘(j) COMPENSATION.—The Government shall com16 pensate a person for reasonable expenses incurred for pro17 viding technical assistance to the Government under this 

18 section.’’; and 

19 (E) in subsection (k)(4)(B), by striking 

20 ‘‘For purposes of an application submitted 

21 under subsection (b)(2)(C)’’ and inserting ‘‘In 

22 the case of an application for a call detail 

23 record’’; 

24 (2) in section 502(b) (50 U.S.C. 1862(b))— 

25 (A) by striking paragraph (4); and 


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1 (B) by redesignating paragraphs (5) 

2 through (8) as paragraphs (4) through (7), re3 spectively; 

4 (3) in section 603(b)(6) (50 U.S.C. 

5 1873(b)(6))— 

6 (A) in the matter before subparagraph (A), 

7 by striking ‘‘under section 501(b)(2)(C)’’ and 

8 inserting ‘‘under section 501(b)(2)(B)’’; and 

9 (B) in subparagraph (C), by striking ‘‘any 

10 database of’’; and 

11 (4) in section 604(a)(1)(F) (50 U.S.C. 

12 1874(a)(1)(F))— 

13 (A) by striking clause (iii); 

14 (B) in clause (ii), by striking ‘‘; and’’ and 

15 inserting a period; and 

16 (C) in clause (i), by striking the semicolon 

17 and inserting ‘‘; and’’. 

18 (c) TECHNICAL CORRECTION.—Paragraph (3) of sec19 tion 501(a) of the Foreign Intelligence Surveillance Act 

20 of 1978 (50 U.S.C. 1861(a)) is amended by indenting 

21 such paragraph 2 ems to the left. 

22 (d) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on the date of the enactment 

24 of this Act and shall apply with respect to applications 

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1 veillance Act of 1978 (50 U.S.C. 1861) on or after such 

2 date. 

3 SEC. 102. EXCLUSION OF CELL SITE LOCATION AND GLOB4 AL POSITIONING SYSTEM INFORMATION 

5 FROM AUTHORITY TO ACCESS BUSINESS 

6 RECORDS FOR FOREIGN INTELLIGENCE AND 

7 INTERNATIONAL TERRORISM INVESTIGA8 TIONS. 

9 Section 501(k) of the Foreign Intelligence Surveil10 lance Act of 1978 (50 U.S.C. 1861(k)) is amended by add11 ing at the end the following: 

12 ‘‘(5) The term ‘tangible thing’ does not include 

13 the following: 

14 ‘‘(A) Cell site location information. 

15 ‘‘(B) Global positioning system informa16 tion.’’. 

17 SEC. 103. EXCLUSION OF INTERNET WEBSITE BROWSING 

18 AND INTERNET SEARCH HISTORY INFORMA19 TION FROM AUTHORITY TO ACCESS BUSI20 NESS RECORDS FOR FOREIGN INTELLIGENCE 

21 AND INTERNATIONAL TERRORISM INVES22 TIGATIONS. 

23 Paragraph (5) of section 501(k) of the Foreign Intel24 ligence Surveillance Act of 1978 (50 U.S.C. 1861(k)), as 


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1 added by section 102, is amended by adding at the end 

2 the following: 

3 ‘‘(C) Internet website browsing informa4 tion. 

5 ‘‘(D) Internet search history information.’’. 

6 SEC. 104. EXCLUSION FROM AUTHORITY TO ACCESS BUSI7 NESS RECORDS FOR FOREIGN INTELLIGENCE 

8 AND INTERNATIONAL TERRORISM INVES9 TIGATIONS OF INFORMATION THAT WOULD 

10 OTHERWISE REQUIRE A WARRANT. 

11 Section 501(a) of the Foreign Intelligence Surveil12 lance Act of 1978 (50 U.S.C. 1861(a)), as amended by 

13 section 101, is further amended by adding at the end the 

14 following: 

15 ‘‘(5) The authority under paragraph (1) shall not in16 clude an application for an order authorizing or requiring 

17 the production of a tangible thing if the compelled produc18 tion of such thing would require a warrant for law enforce19 ment purposes.’’. 


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1 SEC. 105. MODIFICATION OF REQUIREMENTS RELATING TO 

2 CONNECTION TO FOREIGN POWER FOR AC3 CESS BUSINESS RECORDS FOR FOREIGN IN4 TELLIGENCE AND INTERNATIONAL TER5 RORISM INVESTIGATIONS. 

6 Section 501(b)(2)(B) of the Foreign Intelligence Sur7 veillance Act of 1978 (50 U.S.C. 1861(b)(2)(B)), as 

8 amended by section 101(b)(1)(A), is amended— 

9 (1) by inserting ‘‘and material’’ after ‘‘sought 

10 are relevant’’; and 

11 (2) by striking ‘‘such things being presump12 tively relevant to an authorized investigation if the 

13 applicant shows in the statement of facts that they’’ 

14 and inserting ‘‘and that such tangible things 

15 sought’’. 

16 SEC. 106. JUSTIFICATION FOR NONDISCLOSURE REQUIRE17 MENT CONCERNING ACCESS BUSINESS 

18 RECORDS FOR FOREIGN INTELLIGENCE AND 

19 INTERNATIONAL TERRORISM INVESTIGA20 TIONS. 

21 (a) IN GENERAL.—Section 501 of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

23 amended— 

24 (1) in subsection (b)— 

25 (A) in paragraph (1)(B), by striking ‘‘and’’ 

26 after the semicolon; 


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1 (B) in paragraph (2)(D), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(3) if the applicant is seeking a nondisclosure 

5 requirement described in subsection (d), shall in6 clude— 

7 ‘‘(A) the time period during which the Di8 rector of the Federal Bureau of Investigation 

9 believes the nondisclosure requirement should 

10 apply; 

11 ‘‘(B) a statement of facts showing that 

12 there are reasonable grounds to believe that dis13 closure of particular information about the ex14 istence or contents of the order requiring the 

15 production of tangible things under this section 

16 during such time period will result in— 

17 ‘‘(i) endangering the life or physical 

18 safety of any person; 

19 ‘‘(ii) flight from investigation or pros20 ecution; 

21 ‘‘(iii) destruction of or tampering with 

22 evidence; 

23 ‘‘(iv) intimidation of potential wit24 nesses; 


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1 ‘‘(v) interference with diplomatic rela2 tions; 

3 ‘‘(vi) alerting a target, an associate of 

4 a target, or the foreign power of which the 

5 target is an agent, of the interest of the 

6 Government in the target; or 

7 ‘‘(vii) otherwise seriously endangering 

8 the national security of the United States; 

9 and 

10 ‘‘(C) an explanation of how the nondisclo11 sure requirement is narrowly tailored to address 

12 the specific harm identified under subparagraph 

13 (B).’’; 

14 (2) in subsection (c), by adding at the end the 

15 following: 

16 ‘‘(5) If a judge who issues an order under this 

17 subsection upon an application made pursuant to 

18 this section that includes a request for a nondisclo19 sure requirement described in subsection (d) finds 

20 that the requirements of subsection (b)(3) have been 

21 met, such order shall include a nondisclosure re22 quirement that applies for a period of up to 1 year, 

23 unless the judge determines that the facts justify a 

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1 ciples and procedures described in subsection (d).’’; 

2 and 

3 (3) by amending subsection (d) to read as fol4 lows: 

5 ‘‘(d) NONDISCLOSURE.— 

6 ‘‘(1) IN GENERAL.—No person who receives an 

7 order entered under subsection (c) that contains a 

8 nondisclosure requirement shall disclose to any per9 son the particular information specified in the non10 disclosure requirement during the time period to 

11 which the requirement applies. 

12 ‘‘(2) EXCEPTION.— 

13 ‘‘(A) IN GENERAL.—A person who receives 

14 an order entered under subsection (c) that con15 tains a nondisclosure requirement may disclose 

16 information otherwise subject to any applicable 

17 nondisclosure requirement to— 

18 ‘‘(i) those persons to whom disclosure 

19 is necessary to comply with the order; 

20 ‘‘(ii) an attorney to obtain legal advice 

21 or assistance regarding the order; or 

22 ‘‘(iii) other persons as permitted by 

23 the Director of the Federal Bureau of In24 vestigation or the designee of the Director. 


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1 ‘‘(B) APPLICATION.—A person to whom 

2 disclosure is made under subparagraph (A) 

3 shall be subject to the nondisclosure require4 ments applicable to a person to whom an order 

5 is directed under this section in the same man6 ner as the person to whom the order is directed. 

7 ‘‘(C) NOTICE.—Any person who discloses 

8 to a person described in subparagraph (A) in9 formation otherwise subject to a nondisclosure 

10 requirement shall notify the person of the appli11 cable nondisclosure requirement. 

12 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE13 CIPIENTS.—At the request of the Director of 

14 the Federal Bureau of Investigation or the des15 ignee of the Director, any person making or in16 tending to make a disclosure under clause (i) or 

17 (iii) of subparagraph (A) shall identify to the 

18 Director or such designee the person to whom 

19 such disclosure will be made or to whom such 

20 disclosure was made prior to the request. 

21 ‘‘(3) EXTENSION.—The Director of the Federal 

22 Bureau of Investigation, or a designee of the Direc23 tor (whose rank shall be no lower than Assistant 

24 Special Agent in Charge), may apply for renewals of 

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1 tion about the existence or contents of an order re2 quiring the production of tangible things under this 

3 section for additional periods of not longer than 1 

4 year, unless the facts justify a longer period of non5 disclosure. A nondisclosure requirement shall be re6 newed if a court having jurisdiction under paragraph 

7 (4) determines that the statement of facts included 

8 in the application pursuant to subsection (b)(3)(B) 

9 is true and credible. 

10 ‘‘(4) JURISDICTION.—An application for a re11 newal under this subsection shall be made to— 

12 ‘‘(A) a judge of the court established under 

13 section 103(a); or 

14 ‘‘(B) a United States Magistrate Judge 

15 under chapter 43 of title 28, United States 

16 Code, who is publicly designated by the Chief 

17 Justice of the United States to have the power 

18 to hear applications and grant orders for the 

19 production of tangible things under this section 

20 on behalf of a judge of the court established 

21 under section 103(a).’’. 

22 (b) CONFORMING AMENDMENT.—Section 

23 501(f)(1)(B) of such Act (50 U.S.C. 1861(f)(1)(B)) is 

24 amended by striking ‘‘an order imposed under subsection 


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1 (d)’’ and inserting ‘‘a nondisclosure requirement imposed 

2 in connection with a production order’’. 

3 SEC. 107. LIMITATIONS ON RETENTION OF TANGIBLE 

4 THINGS FOR FOREIGN INTELLIGENCE AND 

5 INTERNATIONAL TERRORISM INVESTIGA6 TIONS. 

7 Section 501(g)(2) of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1861(g)(2)) is amended— 

9 (1) in subparagraph (B), by striking ‘‘and’’ at 

10 the end; 

11 (2) by redesignating subparagraph (C) as sub12 paragraph (D); 

13 (3) by inserting after subparagraph (B) the fol14 lowing new subparagraph (C): 

15 ‘‘(C) procedures that require that nonpub16 licly available information shall not be retained 

17 for more than three years unless determined to 

18 include foreign intelligence information; and’’; 

19 and 

20 (4) in subparagraph (D), as redesignated by 

21 paragraph (2), by striking ‘‘and (B)’’ and inserting 

22 ‘‘(B), and (C)’’. 


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1 SEC. 108. JUDICIAL REVIEW OF COMPLIANCE WITH MINI2 MIZATION PROCEDURES FOR ACCESS TO 

3 CERTAIN BUSINESS RECORDS FOR FOREIGN 

4 INTELLIGENCE AND INTERNATIONAL TER5 RORISM INVESTIGATIONS. 

6 Section 501(c) of the Foreign Intelligence Surveil7 lance Act of 1978 (50 U.S.C. 1861(c)), as amended by 

8 section 106(a)(2), is further amended by adding at the 

9 end the following: 

10 ‘‘(6) JUDICIAL REVIEW OF COMPLIANCE WITH

11 MINIMIZATION PROCEDURES.—At or before the end 

12 of the period for the production of tangible things 

13 under an order entered under this section or at any 

14 time after the production of tangible things under 

15 an order entered under this section, a judge may as16 sess compliance with the minimization procedures 

17 required by such order by reviewing the cir18 cumstances under which information concerning 

19 United States persons was acquired, retained, or dis20 seminated.’’. 


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1 SEC. 109. MODIFICATION OF REQUIREMENT FOR DIRECTOR 

2 OF NATIONAL INTELLIGENCE TO REPORT AN3 NUALLY ON MATTERS RELATING TO ORDERS 

4 ISSUED FOR PRODUCTION OF TANGIBLE 

5 THINGS FOR FOREIGN INTELLIGENCE AND 

6 INTERNATIONAL TERRORISM INVESTIGA7 TIONS. 

8 (a) IN GENERAL.—Subsection (b)(5) of section 603 

9 of the Foreign Intelligence Surveillance Act of 1978 (50 

10 U.S.C. 1873) is amended— 

11 (1) in subparagraph (A), by striking ‘‘; and’’ 

12 and inserting a semicolon; 

13 (2) in subparagraph (B)— 

14 (A) by inserting ‘‘, including information 

15 received electronically and through hard-copy 

16 and portable media’’ after ‘‘such orders’’; and 

17 (B) by striking the semicolon and inserting 

18 ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(C) the number of individuals for whom 

21 unique identifiers, unique personal identifiable 

22 information, or other identifying information 

23 has been collected pursuant to such orders, in24 cluding information received electronically and 

25 through hard-copy and portable media; 


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1 ‘‘(D) the number of search terms that in2 cluded information concerning a United States 

3 person that were used to query any database 

4 containing records obtained through the use of 

5 such orders; 

6 ‘‘(E) the number of queries described in 

7 subparagraph (D) that returned information 

8 obtained from orders issued pursuant to appli9 cations made under section 501(b)(2); 

10 ‘‘(F) the number of times the Attorney 

11 General required the emergency production of 

12 tangible things pursuant to section 501(i)(1) 

13 and the application under subparagraph (D) of 

14 such section was denied; and 

15 ‘‘(G) the number of warrants under title I 

16 of this Act and the number of warrants under 

17 title 18, United States Code, that relied on in18 formation obtained through the use of such or19 ders;’’. 

20 (b) ADDITIONAL INFORMATION.—Subsection (b)(2) 

21 of such section is amended— 

22 (1) by redesignating subparagraph (D) as sub23 paragraph (E); and 

24 (2) by inserting after subparagraph (C) the fol25 lowing: 


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1 ‘‘(D) the number of queries described in 

2 subparagraph (C) that returned information ob3 tained from orders issued under such section; 

4 and’’. 

5 (c) REPEAL OF NONAPPLICABILITY TO FEDERAL

6 BUREAU OF INVESTIGATION OF CERTAIN REPORTING RE7 QUIREMENTS.—Subsection (d)(2) of such section is 

8 amended by striking ‘‘(A) FEDERAL BUREAU’’ and all that 

9 follows through ‘‘Paragraph (3)(B) of’’ and inserting 

10 ‘‘Paragraph (3)(B)’’. 

11 SEC. 110. LIMITATIONS ON USE OF INFORMATION OB12 TAINED UNDER AUTHORITY TO ACCESS BUSI13 NESS RECORDS FOR FOREIGN INTELLIGENCE 

14 AND INTERNATIONAL TERRORISM INVES15 TIGATIONS. 

16 Section 501(h) of the Foreign Intelligence Surveil17 lance Act of 1978 (50 U.S.C. 1861(h)) is amended— 

18 (1) by striking ‘‘Information acquired’’ and in19 serting the following: 

20 ‘‘(1) IN GENERAL.—Information acquired’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(2) LIMITATION ON USE IN CRIMINAL, CIVIL, 

23 AND ADMINISTRATIVE PROCEEDINGS AND INVES24 TIGATIONS.—No information about a person ac25 quired as described in paragraph (1) who is either 


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1 a United States person or is located in the United 

2 States may be introduced as evidence against the 

3 person in any criminal, civil, or administrative pro4 ceeding or used as part of any criminal, civil, or ad5 ministrative investigation, except— 

6 ‘‘(A) with the prior approval of the Attor7 ney General; and 

8 ‘‘(B) in a proceeding or investigation in 

9 which the information is directly related to and 

10 necessary to address a specific threat of— 

11 ‘‘(i) terrorism (as defined in clauses 

12 (i) through (iii) of section 2332(g)(5)(B) 

13 of title 18, United States Code); 

14 ‘‘(ii) espionage (as used in chapter 37 

15 of title 18, United States Code); 

16 ‘‘(iii) proliferation or use of a weapon 

17 of mass destruction (as defined in section 

18 2332a(c) of title 18, United States Code); 

19 ‘‘(iv) a cybersecurity threat from a 

20 foreign country; 

21 ‘‘(v) incapacitation or destruction of 

22 critical infrastructure (as defined in section 

23 1016(e) of the Uniting and Strengthening 

24 America by Providing Appropriate Tools 

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1 rorism (USA PATRIOT ACT) Act of 2001 

2 (42 U.S.C. 5195c(e))); or 

3 ‘‘(vi) a threat to the armed forces of 

4 the United States or an ally of the United 

5 States or to other personnel of the United 

6 States Government or a government of an 

7 ally of the United States.’’. 

8 SEC. 111. REFORMS RELATING TO USE OF INFORMATION. 

9 (a) COMPLIANCE WITH MINIMIZATION PROCEDURES; 

10 PRIVILEGED COMMUNICATIONS; LAWFUL PURPOSES.— 

11 Subsection (a) of section 106 of the Foreign Intelligence 

12 Surveillance Act of 1978 (50 U.S.C. 1806) is amended 

13 by inserting ‘‘or an order issued under section 501’’ after 

14 ‘‘pursuant to this title’’ both places it appears. 

15 (b) STATEMENT FOR DISCLOSURE.—Subsection (b) 

16 of such section is amended by inserting ‘‘or an order 

17 issued under section 501’’ after ‘‘pursuant to this title’’. 

18 (c) NOTIFICATION BY UNITED STATES.—Subsection 

19 (c) of such section is amended by inserting ‘‘or an order 

20 issued under section 501’’ after ‘‘authority of this title’’. 

21 (d) NOTIFICATION BY STATES OR POLITICAL SUB22 DIVISIONS.—Subsection (d) of such section is amended— 

23 (1) by inserting ‘‘or an order for production 

24 issued under section 501’’ after ‘‘authority of this 

25 title’’; and 


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1 (2) by inserting ‘‘or production regarding’’ after 

2 ‘‘surveillance of’’. 

3 (e) MOTION TO SUPPRESS.—Subsection (e) of such 

4 section is amended— 

5 (1) by inserting ‘‘or an order for production 

6 issued under section 501’’ after ‘‘from an electronic 

7 surveillance’’; and 

8 (2) by inserting ‘‘or order’’ after ‘‘such elec9 tronic surveillance’’. 

10 (f) IN CAMERA AND EX PARTE REVIEW BY DISTRICT

11 COURT.—Subsection (f) of such section is amended— 

12 (1) in the first sentence— 

13 (A) by inserting ‘‘or an order for produc14 tion issued under section 501’’ after ‘‘electronic 

15 surveillance’’ both places it appears; 

16 (B) by inserting ‘‘or the production’’ after 

17 ‘‘to the surveillance’’; and 

18 (C) by inserting ‘‘or production regarding’’ 

19 after ‘‘surveillance of’’; and 

20 (2) in the second sentence, by inserting ‘‘or pro21 duction’’ after ‘‘surveillance’’ both places it appears. 

22 (g) SUPPRESSION OF EVIDENCE; DENIAL OF MO23 TION.—Subsection (g) of such section is amended— 

24 (1) by inserting ‘‘or production’’ after ‘‘the sur25 veillance’’ both places it appears; and 


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1 (2) by inserting ‘‘or an order for production 

2 issued under section 501’’ after ‘‘electronic surveil3 lance’’. 

4 (h) FINALITY OF ORDERS.—Subsection (h) of such 

5 section is amended— 

6 (1) by inserting ‘‘or an order for production 

7 issued under section 501’’ after ‘‘electronic surveil8 lance’’; and 

9 (2) by inserting ‘‘or production’’ after ‘‘a sur10 veillance’’. 

11 (i) DESTRUCTION OF UNINTENTIONALLY ACQUIRED

12 INFORMATION.—Subsection (i) of such section is amend13 ed— 

14 (1) by inserting ‘‘production or’’ after ‘‘uninten15 tional’’; and 

16 (2) by inserting ‘‘or records’’ after ‘‘contents’’ 

17 each place it appears. 

18 (j) NOTIFICATION OF EMERGENCY EMPLOYMENT OF

19 ELECTRONIC SURVEILLANCE; CONTENTS; POSTPONE20 MENT, SUSPENSION, OR ELIMINATION.—Subsection (j) of 

21 such section is amended— 

22 (1) in the matter before paragraph (1)— 

23 (A) by inserting ‘‘or emergency production 

24 under section 501(i)’’ after ‘‘of section 105’’; 

25 and 


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1 (B) by inserting ‘‘or the emergency pro2 duction’’ after ‘‘to electronic surveillance’’; and 

3 (2) in paragraph (2), by inserting ‘‘or produc4 tion’’ after ‘‘surveillance’’. 

5 (k) CLARIFICATION OF AGGRIEVED PERSON.—Such 

6 section is amended by adding at the end the following: 

7 ‘‘(l) For purposes of this section, the term ‘aggrieved 

8 person’ shall include an individual about whom informa9 tion has been collected pursuant to an order entered under 

10 section 501.’’. 

11 SEC. 112. INSPECTOR GENERAL OF DEPARTMENT OF JUS12 TICE REPORT ON USE OF ACTIVITIES PRO13 TECTED BY FIRST AMENDMENT IN APPLICA14 TIONS FOR PRODUCTION OF BUSINESS 

15 RECORDS FOR FOREIGN INTELLIGENCE AND 

16 INTERNATIONAL TERRORISM INVESTIGA17 TIONS. 

18 (a) REPORT REQUIRED.—Not later than December 

19 31, 2021, the Inspector General of the Department of Jus20 tice shall submit to the Committee on the Judiciary and 

21 the Select Committee on Intelligence of the Senate and 

22 the Committee on the Judiciary and the Permanent Select 

23 Committee on Intelligence of the House of Representatives 

24 a report on the use of activities and protected classes de25 scribed in subsection (b) in— 


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1 (1) applications for orders under section 501 of 

2 the Foreign Intelligence Surveillance Act of 1978 

3 (50 U.S.C. 1861); and 

4 (2) investigations for which such orders are 

5 sought. 

6 (b) ACTIVITIES AND PROTECTED CLASSES DE7 SCRIBED.—The activities and protected classes described 

8 in this subsection are the following: 

9 (1) Activities and expression protected by the 

10 first amendment to the Constitution of the United 

11 States. 

12 (2) Race, ethnicity, national origin, religious af13 filiation, and such other protected classes as the In14 spector General considers appropriate. 

15 SEC. 113. ANNUAL REPORT ON WAIVER OF PROHIBITION 

16 ON USE OF INFORMATION OBTAINED WITH17 OUT AN ORDER FOR PRODUCTION OF BUSI18 NESS RECORDS FOR FOREIGN INTELLIGENCE 

19 AND INTERNATIONAL TERRORISM INVES20 TIGATIONS. 

21 Section 501(i) of the Foreign Intelligence Surveil22 lance Act of 1978 (50 U.S.C. 1861(i)) is amended by add23 ing at the end the following: 

24 ‘‘(7) ANNUAL REPORT ON WAIVERS OF PROHI25 BITION AGAINST USE OF INFORMATION OBTAINED


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1 WITHOUT ORDER.—Not less frequently than once 

2 each year, the Attorney General shall submit to the 

3 Committee on the Judiciary and the Select Com4 mittee on Intelligence of the Senate and the Com5 mittee on the Judiciary and the Permanent Select 

6 Committee on Intelligence of the House of Rep7 resentatives an annual report on all cases in which 

8 the Attorney General approved the use of informa9 tion that would otherwise be prohibited under para10 graph (5).’’. 

11 Subtitle B—Oversight on Use of 

12 Authority for Roving Surveillance 

13 SEC. 121. INSPECTOR GENERAL OF DEPARTMENT OF JUS14 TICE REPORT ON COMPLIANCE WITH RE15 QUIREMENTS RELATING TO USE OF AUTHOR16 ITY FOR ELECTRONIC SURVEILLANCE. 

17 (a) REPORT REQUIRED.—Not later than December 

18 31, 2021, the Inspector General of the Department of Jus19 tice shall submit to the Committee on the Judiciary and 

20 the Select Committee on Intelligence of the Senate and 

21 the Committee on the Judiciary and the Permanent Select 

22 Committee on Intelligence of the House of Representatives 

23 a report on compliance with section 105(c)(3) of the For24 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

25 1805(c)(3)). 


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1 (b) CONTENTS.—The report submitted under sub2 section (a) shall cover the 3-year period ending on the date 

3 of the enactment of this Act and include the following: 

4 (1) An assessment of the processes, if any, em5 ployed by the Director of the Federal Bureau of In6 vestigation to ascertain whether each new facility or 

7 place at which electronic surveillance was directed 

8 was used by the target of the surveillance. 

9 (2) An assessment of whether each new facility 

10 or place at which electronic surveillance was directed 

11 was used by— 

12 (A) the target of the surveillance; and 

13 (B) individuals other than the target of the 

14 surveillance, including the number of such indi15 viduals. 

16 (3) The effectiveness of minimization proce17 dures to limit collection of facilities or places that 

18 are determined were not used by the target of the 

19 surveillance. 

20 (4) An assessment of the process whereby or21 ders are approved absent knowledge of the identity 

22 of the target. 

23 (5) The number of orders in which the identity 

24 of the target is not known. 


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1 SEC. 122. ANNUAL REPORT ON WAIVER OF PROHIBITION 

2 ON USE OF INFORMATION OBTAINED WITH3 OUT AN ORDER FOR ELECTRONIC SURVEIL4 LANCE. 

5 Section 105(e) of the Foreign Intelligence Surveil6 lance Act of 1978 (50 U.S.C. 1805(e)) is amended by add7 ing at the end the following: 

8 ‘‘(7) Not less frequently than once each year, the At9 torney General shall submit to the Committee on the Judi10 ciary and the Select Committee on Intelligence of the Sen11 ate and the Committee on the Judiciary and the Perma12 nent Select Committee on Intelligence of the House of 

13 Representatives an annual report on all cases in which the 

14 Attorney General approved the use of information that 

15 would otherwise be prohibited under paragraph (5).’’. 


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1 Subtitle C—Extension of Authority 

2 To Access Certain Business 

3 Records for Foreign Intelligence 

4 and International Terrorism In5 vestigations and for Roving Sur6 veillance 

7 SEC. 131. FOUR-YEAR EXTENSION OF AUTHORITY TO AC8 CESS CERTAIN BUSINESS RECORDS FOR FOR9 EIGN INTELLIGENCE AND INTERNATIONAL 

10 TERRORISM INVESTIGATIONS AND FOR ROV11 ING SURVEILLANCE. 

12 Section 102 of the USA PATRIOT Improvement and 

13 Reauthorization Act of 2005 (Public Law 109–177; 50 

14 U.S.C. 1805 note) is amended by striking ‘‘March 15, 

15 2020’’ and inserting ‘‘December 15, 2023’’. 


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1 TITLE II—ADDITIONAL RE2 FORMS OF AUTHORITIES 

3 UNDER FOREIGN INTEL4 LIGENCE SURVEILLANCE ACT 

5 OF 1978 

6 SEC. 201. LIMITATION ON PRODUCTION OF CELL SITE LO7 CATION AND GLOBAL POSITIONING SYSTEM 

8 INFORMATION UNDER PEN REGISTER AND 

9 TRAP AND TRACE AUTHORITIES. 

10 Section 402(d) of the Foreign Intelligence Surveil11 lance Act of 1978 (50 U.S.C. 1842(d)) is amended by add12 ing at the end the following: 

13 ‘‘(4) No cell site location or global positioning system 

14 information may be produced pursuant to an order under 

15 this subsection.’’. 

16 SEC. 202. EXTENSION OF AUTHORITY FOR INDIVIDUAL TER17 RORISTS TO BE TREATED AS AGENTS OF FOR18 EIGN POWERS UNDER FOREIGN INTEL19 LIGENCE SURVEILLANCE ACT OF 1978. 

20 (a) EXTENSION.—Section 6001(b) of the Intelligence 

21 Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 

22 1801 note) is amended by striking ‘‘March 15, 2020’’ and 

23 inserting ‘‘December 15, 2023’’. 

24 (b) REPORTING.— 


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1 (1) INITIAL REPORT.—Not later than 180 days 

2 after the date of the enactment of this Act, the Di3 rector of National Intelligence shall submit to Con4 gress a report that identifies, for the preceding 12- 

5 month period, the number times a person who en6 gages in international terrorism, or activities in 

7 preparation therefore, not for or on behalf of a for8 eign power, was treated as an agent of a foreign 

9 power under the Foreign Intelligence Surveillance 

10 Act of 1978 (50 U.S.C. 1801 et seq.). 

11 (2) ANNUAL REPORTING.— 

12 (A) IN GENERAL.—Section 603(b) of the 

13 Foreign Intelligence Surveillance Act of 1978 

14 (50 U.S.C. 1873(b)) is amended— 

15 (i) in paragraph (6)(C), by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (ii) in paragraph (7), by striking the 

18 period and inserting ‘‘; and’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(8) the number times a person who engages in 

22 international terrorism, or activities in preparation 

23 therefore, not for or on behalf of a foreign power, 

24 was treated as an agent of a foreign power under 

25 this Act.’’. 


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1 (B) EFFECTIVE DATE.—The amendment 

2 made by subparagraph (A) shall take effect on 

3 the date that is 180 days after the date of the 

4 enactment of this Act. 

5 SEC. 203. CLARIFICATION REGARDING TREATMENT OF IN6 FORMATION ACQUIRED UNDER FOREIGN IN7 TELLIGENCE SURVEILLANCE ACT OF 1978. 

8 (a) DEFINITION OF DERIVED.— 

9 (1) IN GENERAL.—Section 101 of the Foreign 

10 Intelligence Surveillance Act of 1978 (50 U.S.C. 

11 1801) is amended by adding at the end the fol12 lowing: 

13 ‘‘(q) For the purposes of notification provisions of 

14 this Act, information or evidence is ‘derived’ from an elec15 tronic surveillance, physical search, use of a pen register 

16 or trap and trace device, production of tangible things, 

17 or acquisition under this Act when the Government would 

18 not have originally possessed the information or evidence 

19 but for that electronic surveillance, physical search, use 

20 of a pen register or trap and trace device, production of 

21 tangible things, or acquisition, and regardless of any claim 

22 that the information or evidence is attenuated from the 

23 surveillance or search, would inevitably have been discov24 ered, or was subsequently reobtained through other 

25 means.’’. 


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1 (2) POLICIES AND GUIDANCE.— 

2 (A) IN GENERAL.—Not later than 90 days 

3 after the date of the enactment of this Act, the 

4 Attorney General and the Director of National 

5 Intelligence shall publish the following: 

6 (i) Policies concerning the application 

7 of subsection (q) of section 101 of such 

8 Act, as added by paragraph (1). 

9 (ii) Guidance for all members of the 

10 intelligence community (as defined in sec11 tion 3 of the National Security Act of 

12 1947 (50 U.S.C. 3003)) and all Federal 

13 agencies with law enforcement responsibil14 ities concerning the application of such 

15 subsection. 

16 (B) MODIFICATIONS.—Whenever the At17 torney General and the Director modify a policy 

18 or guidance published under subparagraph (A), 

19 the Attorney General and the Director shall 

20 publish such modifications. 

21 (b) USE OF INFORMATION ACQUIRED UNDER TITLE

22 VII.—Section 706 of such Act (50 U.S.C. 1881e) is 

23 amended— 

24 (1) in subsection (a), by striking ‘‘, except for 

25 the purposes of subsection (j) of such section’’; and 


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1 (2) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) INFORMATION ACQUIRED UNDER SECTIONS

4 703–705.—Information acquired from an acquisition con5 ducted under section 703, 704, or 705 shall be deemed 

6 to be information acquired from an electronic surveillance 

7 pursuant to title I for the purposes of section 106.’’. 

8 TITLE III—REFORMS REGARD9 ING FOREIGN INTELLIGENCE 

10 SURVEILLANCE ACT COURT 

11 AND PRIVACY AND CIVIL LIB12 ERTIES OVERSIGHT BOARD 

13 SEC. 301. IMPROVED ROLE IN OVERSIGHT OF ELECTRONIC 

14 SURVEILLANCE BY AMICI CURIAE AP15 POINTED BY COURTS UNDER FOREIGN IN16 TELLIGENCE SURVEILLANCE ACT OF 1978. 

17 (a) ROLE OF AMICI CURIAE GENERALLY.— 

18 (1) IN GENERAL.—Section 103(i)(1) of the For19 eign Intelligence Surveillance Act of 1978 (50 

20 U.S.C. 1803(i)(1)) is amended by adding at the end 

21 the following: ‘‘Any amicus curiae designated pursu22 ant to this paragraph may raise any issue with the 

23 Court at any time.’’. 

24 (2) REFERRAL OF CASES FOR REVIEW.—Sec25 tion 103(i) of such Act is amended— 


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1 (A) by redesignating paragraphs (5) 

2 through (11) as paragraphs (6) through (12), 

3 respectively; and 

4 (B) by inserting after paragraph (4) the 

5 following: 

6 ‘‘(5) REFERRAL FOR REVIEW.— 

7 ‘‘(A) REFERRAL TO FOREIGN INTEL8 LIGENCE SURVEILLANCE COURT EN BANC.—If 

9 the court established under subsection (a) ap10 points an amicus curiae under paragraph 

11 (2)(A) to assist the Court in the consideration 

12 of any matter presented to the Court under this 

13 Act and the Court makes a decision with re14 spect to such matter, the Court, in response to 

15 an application by the amicus curiae or any 

16 other individual designated under paragraph 

17 (1), may refer the decision to the Court en banc 

18 for review as the Court considers appropriate. 

19 ‘‘(B) REFERRAL TO FOREIGN INTEL20 LIGENCE SURVEILLANCE COURT OF REVIEW.— 

21 If the court established under subsection (a) 

22 appoints an amicus curiae under paragraph 

23 (2)(A) to assist the Court in the consideration 

24 of any matter presented to the Court under this 

25 Act and the Court makes a decision with reVerDate Sep 11 2014 01:35 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H5675.IH H5675

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1 spect to such matter, the Court, in response to 

2 an application by the amicus curiae or any 

3 other individual designated under paragraph (1) 

4 may refer the decision to the court established 

5 under subsection (b) for review as the Court 

6 considers appropriate. 

7 ‘‘(C) REFERRAL TO SUPREME COURT.—If 

8 the Court of Review appoints an amicus curiae 

9 under paragraph (2) to assist the Court of Re10 view in the review of any matter presented to 

11 the Court of Review under this Act or a ques12 tion of law that may affect resolution of a mat13 ter in controversy and the Court of Review 

14 makes a decision with respect to such matter or 

15 question of law, the Court of Review, in re16 sponse to an application by the amicus curiae 

17 or any other individual designated under para18 graph (1) may refer the decision to the Su19 preme Court for review as the Court of Review 

20 considers appropriate. 

21 ‘‘(D) ANNUAL REPORT.—Not later than 60 

22 days after the end of each calendar year, the 

23 Court and the Court of Review shall each pub24 lish, on their respective Internet websites, a re25 port listing— 


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1 ‘‘(i) the number of applications for re2 ferral received by the Court or the Court 

3 of Review, as applicable, during the most 

4 recently concluded calendar year; and 

5 ‘‘(ii) the number of such applications 

6 for referral that were granted by the Court 

7 or the Court of Review, as applicable, dur8 ing such calendar year.’’. 

9 (3) ASSISTANCE.—Section 103(i)(6) of such 

10 Act, as redesignated, is further amended to read as 

11 follows: 

12 ‘‘(6) ASSISTANCE.—Any individual designated 

13 pursuant to paragraph (1) may raise a legal or tech14 nical issue or any other issue with the Court or the 

15 Court of Review at any time. If an amicus curiae is 

16 appointed under paragraph (2)(A)— 

17 ‘‘(A) the court shall notify all other amicus 

18 curiae designated under paragraph (1) of such 

19 appointment; 

20 ‘‘(B) the appointed amicus curiae may re21 quest, either directly or through the court, the 

22 assistance of the other amici curiae designated 

23 under paragraph (1); and 

24 ‘‘(C) all amici curiae designated under 

25 paragraph (1) may provide input to the court 


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1 whether or not such input was formally re2 quested by the court or the appointed amicus 

3 curiae.’’. 

4 (4) ACCESS TO INFORMATION.—Section 

5 103(i)(7) of such Act, as redesignated, is further 

6 amended— 

7 (A) in subparagraph (A)— 

8 (i) in clause (i)— 

9 (I) by striking ‘‘that the court’’ 

10 and inserting the following: ‘‘that— 

11 ‘‘(I) the court’’; and 

12 (II) by striking ‘‘and’’ at the end 

13 and inserting the following: ‘‘or 

14 ‘‘(II) are cited by the Govern15 ment in an application or case with 

16 respect to which an amicus curiae is 

17 assisting a court under this sub18 section;’’; 

19 (ii) by redesignating clause (ii) as 

20 clause (iii); and 

21 (iii) by inserting after clause (i) the 

22 following: 

23 ‘‘(ii) shall have access to an 

24 unredacted copy of each decision made by 

25 a court established under subsection (a) or 


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1 (b) in which the court decides a question 

2 of law, notwithstanding whether the deci3 sion is classified; and’’; 

4 (B) in subparagraph (B), by striking 

5 ‘‘may’’ and inserting ‘‘shall’’; and 

6 (C) in subparagraph (C)— 

7 (i) in the subparagraph heading, by 

8 striking ‘‘CLASSIFIED INFORMATION’’ and 

9 inserting ‘‘ACCESS TO INFORMATION’’; 

10 (ii) by striking ‘‘court may have ac11 cess’’ and inserting the following: ‘‘court— 

12 ‘‘(i) shall have access to unredacted 

13 copies of each opinion, order, transcript, 

14 pleading, or other document of the Court 

15 and the Court of Review; and 

16 ‘‘(ii) may have access’’; and 

17 (iii) in clause (ii), as designated by 

18 clause (ii) of this subparagraph, by strik19 ing ‘‘and to the extent consistent with the 

20 national security of the United States’’. 

21 (5) PUBLIC NOTICE AND RECEIPT OF BRIEFS

22 FROM THIRD PARTIES.—Section 103(i) of such Act, 

23 as amended by this subsection, is further amended 

24 by adding at the end the following: 


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1 ‘‘(13) PUBLIC NOTICE AND RECEIPT OF BRIEFS

2 FROM THIRD PARTIES.—Whenever a court estab3 lished under subsection (a) or (b) considers a novel 

4 a question of law that can be considered without dis5 closing classified information, sources, or methods, 

6 the court shall, to the greatest extent practicable, 

7 consider such question in an open manner— 

8 ‘‘(A) by publishing on its Internet website 

9 each question of law that the court is consid10 ering; and 

11 ‘‘(B) by accepting briefs from third parties 

12 relating to the question under consideration by 

13 the court.’’. 

14 (b) PARTICIPATION OF AMICI CURIAE IN OVERSIGHT

15 OF AUTHORIZATIONS FOR TARGETING OF CERTAIN PER16 SONS OUTSIDE THE UNITED STATES OTHER THAN

17 UNITED STATES PERSONS.— 

18 (1) IN GENERAL.—Section 702(j)(2) of such 

19 Act (50 U.S.C. 1881a(j)(2)) is amended— 

20 (A) in subparagraph (B), by redesignating 

21 clauses (i) and (ii) as subclauses (I) and (II), 

22 respectively, and adjusting the indentation of 

23 the margin of such subclauses, as so redesig24 nated, two ems to the right; 


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1 (B) by redesignating subparagraphs (A) 

2 through (C) as clauses (i) through (iii), respec3 tively, and adjusting the indentation of the 

4 margin of such clauses, as so redesignated, two 

5 ems to the right; 

6 (C) by inserting before clause (i), as redes7 ignated by subparagraph (B), the following: 

8 ‘‘(A) IN GENERAL.—’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(B) PARTICIPATION BY AMICI CURIAE.— 

11 In reviewing a certification under subparagraph 

12 (A)(i), the Court shall randomly select an ami13 cus curiae designated under section 103(i) to 

14 assist with such review.’’. 

15 (2) SCHEDULE.—Section 702(j)(5)(A) of such 

16 Act is amended by striking ‘‘at least 30 days prior 

17 to the expiration of such authorization’’ and insert18 ing ‘‘such number of days before the expiration of 

19 such authorization as the Court considers necessary 

20 to comply with the requirements of paragraph 

21 (2)(B) or 30 days, whichever is greater’’. 

22 (c) PUBLIC NOTICE OF QUESTIONS OF LAW CER23 TIFIED FOR REVIEW.—Section 103(j) of such Act (50 

24 U.S.C. 1803(j)) is amended— 


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1 (1) by striking ‘‘Following’’ and inserting the 

2 following: 

3 ‘‘(1) IN GENERAL.—Following’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(2) PUBLIC NOTICE.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), whenever a court established 

8 under subsection (a) certifies a question of law 

9 for review under paragraph (1) of this sub10 section, the court shall publish on its Internet 

11 website— 

12 ‘‘(i) a notice of the question of law to 

13 be reviewed; and 

14 ‘‘(ii) briefs submitted by the parties, 

15 which may be redacted at the discretion of 

16 the court to protect sources, methods, and 

17 other classified information. 

18 ‘‘(B) PROTECTION OF CLASSIFIED INFOR19 MATION, SOURCES, AND METHODS.—Subpara20 graph (A) shall apply to the greatest extent 

21 practicable, consistent with otherwise applicable 

22 law on the protection of classified information, 

23 sources, and methods.’’. 


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1 SEC. 302. REFORMS TO THE FOREIGN INTELLIGENCE SUR2 VEILLANCE COURT. 

3 (a) FISA COURT JUDGES.— 

4 (1) NUMBER AND DESIGNATION OF JUDGES.— 

5 Section 103(a)(1) of the Foreign Intelligence Sur6 veillance Act of 1978 (50 U.S.C. 1803(a)(1)) is 

7 amended to read as follows: 

8 ‘‘(1)(A) There is a court which shall have jurisdiction 

9 to hear applications for and to grant orders approving 

10 electronic surveillance anywhere within the United States 

11 under the procedures set forth in this Act. 

12 ‘‘(B)(i) The court established under subparagraph 

13 (A) shall consist of 13 judges, one of whom shall be des14 ignated from each judicial circuit (including the United 

15 States Court of Appeals for the District of Columbia and 

16 the United States Court of Appeals for the Federal Cir17 cuit). 

18 ‘‘(ii) The Chief Justice of the United States shall— 

19 ‘‘(I) designate each judge of the court estab20 lished under subparagraph (A) from the nominations 

21 made under subparagraph (C); and 

22 ‘‘(II) make the name of each judge of such 

23 court available to the public. 

24 ‘‘(C)(i) When a vacancy occurs in the position of a 

25 judge of the court established under subparagraph (A) 

26 from a judicial circuit, the chief judge of the circuit shall 


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1 propose a district judge for a judicial district within the 

2 judicial circuit to be designated for that position. 

3 ‘‘(ii) If the Chief Justice does not designate a district 

4 judge proposed under clause (i), the chief judge shall pro5 pose 2 other district judges for a judicial district within 

6 the judicial circuit to be designated for that position and 

7 the Chief Justice shall designate 1 such district judge to 

8 that position. 

9 ‘‘(D) No judge of the court established under sub10 paragraph (A) (except when sitting en banc under para11 graph (2)) shall hear the same application for electronic 

12 surveillance under this Act which has been denied pre13 viously by another judge of such court. 

14 ‘‘(E) If any judge of the court established under sub15 paragraph (A) denies an application for an order author16 izing electronic surveillance under this Act, such judge 

17 shall provide immediately for the record a written state18 ment of each reason for the judge’s decision and, on mo19 tion of the United States, the record shall be transmitted, 

20 under seal, to the court of review established in subsection 

21 (b).’’. 

22 (2) TENURE.—Section 103(d) of such Act is 

23 amended by striking ‘‘redesignation,’’ and all that 

24 follows through the end and inserting ‘‘redesigna25 tion.’’. 


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1 (3) IMPLEMENTATION.— 

2 (A) INCUMBENTS.—A district judge des3 ignated to serve on the court established under 

4 subsection (a) of such section before the date of 

5 enactment of this Act may continue to serve in 

6 that position until the end of the term of the 

7 district judge under subsection (d) of such sec8 tion, as in effect on the day before the date of 

9 the enactment of this Act. 

10 (B) INITIAL APPOINTMENT AND TERM.— 

11 Notwithstanding any provision of such section, 

12 as amended by paragraphs (1) and (2), and not 

13 later than 180 days after the date of enactment 

14 of this Act, the Chief Justice of the United 

15 States shall— 

16 (i) designate a district court judge 

17 who is serving in a judicial district within 

18 the District of Columbia circuit and pro19 posed by the chief judge of such circuit to 

20 be a judge of the court established under 

21 section 103(a) of the Foreign Intelligence 

22 Surveillance Act of 1978 (50 U.S.C. 

23 1803(a)) for an initial term of 7 years; and 

24 (ii) designate a district court judge 

25 who is serving in a judicial district within 


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1 the Federal circuit and proposed by the 

2 chief judge of such circuit to be a judge of 

3 such court for an initial term of 4 years. 

4 (b) COURT OF REVIEW.—Section 103(b) of such Act 

5 is amended— 

6 (1) by striking ‘‘The Chief Justice’’ and insert7 ing ‘‘(1) Subject to paragraph (2), the Chief Jus8 tice’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) The Chief Justice may designate a district court 

11 judge or circuit court judge to a position on the court es12 tablished under paragraph (1) only if at least 5 associate 

13 justices approve the designation of such individual.’’. 

14 SEC. 303. STUDY AND REPORT ON DIVERSITY AND REP15 RESENTATION ON THE FISA COURT AND THE 

16 FISA COURT OF REVIEW. 

17 (a) STUDY.—The Committee on Intercircuit Assign18 ments of the Judicial Conference of the United States 

19 shall conduct a study on how to ensure judges are ap20 pointed to the court established under subsection (a) of 

21 section 103 of the Foreign Intelligence Surveillance Act 

22 of 1978 (50 U.S.C. 1803) and the court established under 

23 subsection (b) of such section in a manner that ensures 

24 such courts are diverse and representative. 


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1 (b) REPORT.—Not later than 1 year after the date 

2 of the enactment of this Act, the Committee on Intercir3 cuit Assignments shall submit to Congress a report on the 

4 study carried out under subsection (a). 

5 SEC. 304. REFORMS OF THE PRIVACY AND CIVIL LIBERTIES 

6 OVERSIGHT BOARD. 

7 (a) INCLUSION OF FOREIGN INTELLIGENCE ACTIVI8 TIES IN OVERSIGHT AUTHORITY OF THE PRIVACY AND

9 CIVIL LIBERTIES OVERSIGHT BOARD.—Section 1061 of 

10 the Intelligence Reform and Terrorism Prevention Act of 

11 2004 (42 U.S.C. 2000ee) is amended— 

12 (1) in subsection (c), by inserting ‘‘and to con13 duct foreign intelligence activities’’ after ‘‘terrorism’’ 

14 each place such term appears; and 

15 (2) in subsection (d), ‘‘and to conduct foreign 

16 intelligence activities’’ after ‘‘terrorism’’ each place 

17 such term appears. 

18 (b) SUBMISSION OF WHISTLEBLOWER COMPLAINTS

19 TO THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT

20 BOARD.— 

21 (1) IN GENERAL.—Such section, as amended by 

22 subsection (a), is further amended— 

23 (A) in subsection (d), by adding at the end 

24 the following: 

25 ‘‘(5) WHISTLEBLOWER COMPLAINTS.— 


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1 ‘‘(A) SUBMISSION TO BOARD.—An em2 ployee of, or contractor or detailee to, an ele3 ment of the intelligence community may submit 

4 to the Board a complaint or information that 

5 such employee, contractor, or detailee believes 

6 relates to a privacy or civil liberties concern. 

7 The confidentiality provisions under section 

8 2409(b)(3) of title 10, United States Code, 

9 shall apply to a submission under this subpara10 graph. Any disclosure under this subparagraph 

11 shall be protected against discrimination under 

12 the procedures, burdens of proof, and remedies 

13 set forth in section 2409 of such title. 

14 ‘‘(B) AUTHORITY OF BOARD.—The Board 

15 may take such action as the Board considers 

16 appropriate with respect to investigating a com17 plaint or information submitted under subpara18 graph (A) or transmitting such complaint or in19 formation to any other Executive agency or the 

20 congressional intelligence committees. 

21 ‘‘(C) RELATIONSHIP TO EXISTING LAWS.— 

22 The authority under subparagraph (A) of an 

23 employee, contractor, or detailee to submit to 

24 the Board a complaint or information shall be 

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1 other provision of law to submit a complaint or 

2 information. Any action taken under any other 

3 provision of law by the recipient of a complaint 

4 or information shall not preclude the Board 

5 from taking action relating to the same com6 plaint or information. 

7 ‘‘(D) RELATIONSHIP TO ACTIONS TAKEN

8 UNDER OTHER LAWS.—Nothing in this para9 graph shall prevent— 

10 ‘‘(i) any individual from submitting a 

11 complaint or information to any authorized 

12 recipient of the complaint or information; 

13 or 

14 ‘‘(ii) the recipient of a complaint or 

15 information from taking independent ac16 tion on the complaint or information.’’; 

17 and 

18 (B) by adding at the end the following: 

19 ‘‘(n) DEFINITIONS.—In this section, the terms ‘con20 gressional intelligence committees’ and ‘intelligence com21 munity’ have the meanings given such terms in section 

22 3 of the National Security Act of 1947 (50 U.S.C. 

23 3003).’’. 

24 (2) PROHIBITED PERSONNEL PRACTICES.—Sec25 tion 2302(b)(8)(B) of title 5, United States Code, is 


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1 amended, in the matter preceding clause (i), by 

2 striking ‘‘or to the Inspector General of an agency 

3 or another employee designated by the head of the 

4 agency to receive such disclosures’’ and inserting 

5 ‘‘the Inspector General of an agency, a supervisor in 

6 the employee’s direct chain of command (up to and 

7 including the head of the employing agency), the 

8 Privacy and Civil Liberties Oversight Board, or an 

9 employee designated by any of the aforementioned 

10 individuals for the purpose of receiving such disclo11 sures’’. 

12 (c) PRIVACY AND CIVIL LIBERTIES OVERSIGHT

13 BOARD SUBPOENA POWER.—Subsection (g) of section 

14 1061 of the Intelligence Reform and Terrorism Prevention 

15 Act of 2004 (42 U.S.C. 2000ee) is amended— 

16 (1) in paragraph (1)(D), by striking ‘‘submit a 

17 written request to the Attorney General of the 

18 United States that the Attorney General’’; 

19 (2) by striking paragraph (2); and 

20 (3) by redesignating paragraphs (3) through 

21 (5) as paragraphs (2) through (4), respectively. 

22 (d) TENURE AND COMPENSATION OF PRIVACY AND

23 CIVIL LIBERTIES OVERSIGHT BOARD MEMBERS AND

24 STAFF.— 


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1 (1) IN GENERAL.—Such section, as amended by 

2 subsections (a) and (b), is further amended— 

3 (A) in subsection (h)— 

4 (i) in paragraph (1), by inserting 

5 ‘‘full-time’’ after ‘‘4 additional’’; and 

6 (ii) in paragraph (4)(B), by striking 

7 ‘‘, except that’’ and all that follows 

8 through the end and inserting a period; 

9 (B) in subsection (i)(1)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘level III of the Executive Schedule under 

12 section 5314’’ and inserting ‘‘level II of the 

13 Executive Schedule under section 5313’’; 

14 and 

15 (ii) in subparagraph (B), by striking 

16 ‘‘level IV of the Executive Schedule’’ and 

17 all that follows through the end and insert18 ing ‘‘level III of the Executive Schedule 

19 under section 5314 of title 5, United 

20 States Code.’’; and 

21 (C) in subsection (j)(1), by striking ‘‘level 

22 V of the Executive Schedule under section 

23 5316’’ and inserting ‘‘level IV of the Executive 

24 Schedule under section 5315’’. 

25 (2) EFFECTIVE DATE; APPLICABILITY.— 


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1 (A) IN GENERAL.—The amendments made 

2 by paragraph (1)— 

3 (i) shall take effect on the date of the 

4 enactment of this Act; and 

5 (ii) except as provided in paragraph 

6 (2), shall apply to any appointment to a 

7 position as a member of the Privacy and 

8 Civil Liberties Oversight Board made on or 

9 after the date of the enactment of this Act. 

10 (B) EXCEPTIONS.— 

11 (i) COMPENSATION CHANGES.—The 

12 amendments made by subparagraphs 

13 (B)(i) and (C) of paragraph (1) shall take 

14 effect on the first day of the first pay pe15 riod beginning after the date of the enact16 ment of this Act. 

17 (ii) ELECTION TO SERVE FULL TIME

18 BY INCUMBENTS.— 

19 (I) IN GENERAL.—An individual 

20 serving as a member of the Privacy 

21 and Civil Liberties Oversight Board 

22 on the date of the enactment of this 

23 Act, including a member continuing to 

24 serve as a member under section 

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1 form and Terrorism Prevention Act of 

2 2004 (42 U.S.C. 2000ee(h)(4)(B)), 

3 (referred to in this clause as a ‘‘cur4 rent member’’) may make an election 

5 to— 

6 (aa) serve as a member of 

7 the Privacy and Civil Liberties 

8 Oversight Board on a full-time 

9 basis and in accordance with sec10 tion 1061 of the Intelligence Re11 form and Terrorism Prevention 

12 Act of 2004 (42 U.S.C. 2000ee), 

13 as amended by this section; or 

14 (bb) serve as a member of 

15 the Privacy and Civil Liberties 

16 Oversight Board on a part-time 

17 basis in accordance with such 

18 section 1061, as in effect on the 

19 day before the date of the enact20 ment of this Act, including the 

21 limitation on service after the ex22 piration of the term of the mem23 ber under subsection (h)(4)(B) of 

24 such section, as in effect on the 


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1 day before the date of the enact2 ment of this Act. 

3 (II) ELECTION TO SERVE FULL

4 TIME.—A current member making an 

5 election under subclause (I)(aa) shall 

6 begin serving as a member of the Pri7 vacy and Civil Liberties Oversight 

8 Board on a full-time basis on the first 

9 day of the first pay period beginning 

10 not less than 60 days after the date 

11 on which the current member makes 

12 such election. 

13 (e) PROVISION OF INFORMATION ABOUT GOVERN14 MENT ACTIVITIES UNDER THE FOREIGN INTELLIGENCE

15 SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND CIVIL

16 LIBERTIES OVERSIGHT BOARD.—The Attorney General 

17 shall fully inform the Privacy and Civil Liberties Oversight 

18 Board about any activities carried out by the Government 

19 under the Foreign Intelligence Surveillance Act of 1978 

20 (50 U.S.C. 1801 et seq.), including by providing to the 

21 Board— 

22 (1) copies of each detailed report submitted to 

23 a committee of Congress under such Act; and 

24 (2) copies of each decision, order, and opinion 

25 of the Foreign Intelligence Surveillance Court or the 


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1 Foreign Intelligence Surveillance Court of Review re2 quired to be included in the report under section 

3 601(a) of such Act (50 U.S.C. 1871(a)). 

4 SEC. 305. CLARIFICATION OF APPLICABILITY OF REQUIRE5 MENT TO DECLASSIFY SIGNIFICANT DECI6 SIONS OF FOREIGN INTELLIGENCE SURVEIL7 LANCE COURT AND FOREIGN INTELLIGENCE 

8 SURVEILLANCE COURT OF REVIEW. 

9 (a) CLARIFICATION OF APPLICABILITY.—Section 602 

10 of the Foreign Intelligence Surveillance Act of 1978 (50 

11 U.S.C. 1872) shall apply with respect to decisions, orders, 

12 and opinions described in subsection (a) of such section 

13 that were issued on, before, or after the date of the enact14 ment of the Uniting and Strengthening America by Ful15 filling Rights and Ensuring Effective Discipline Over 

16 Monitoring Act of 2015 (Public Law 114–23). 

17 (b) PERIOD FOR PUBLICATION.—Such section is 

18 amended by adding at the end the following: 

19 ‘‘(d) PERIOD FOR PUBLICATION.—The Director of 

20 National Intelligence shall ensure that, for each decision, 

21 order, and opinion described in subsection (a), not later 

22 than 180 days after the date of the decision, order, or 

23 opinion— 

24 ‘‘(1) the declassification review required by such 

25 subsection is completed; and 


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1 ‘‘(2)(A) the decision, order, or opinion is made 

2 publicly available; or 

3 ‘‘(B) a statement is made publicly available 

4 pursuant to subsection (c)(2) with respect to the de5 cision, order, or opinion.’’. 

6 TITLE IV—SUNSET OF NATIONAL 

7 SECURITY LETTER AUTHORI8 TIES 

9 SEC. 401. SUNSET OF NATIONAL SECURITY LETTER AU10 THORITY. 

11 (a) IN GENERAL.—Effective on December 15, 

12 2023— 

13 (1) section 1114 of the Right to Financial Pri14 vacy Act of 1978 (12 U.S.C. 3414) is repealed; 

15 (2) section 626 of the Fair Credit Reporting 

16 Act (15 U.S.C. 1681u) is repealed; 

17 (3) section 627 of the Fair Credit Reporting 

18 Act (15 U.S.C. 1681v) is repealed; 

19 (4) section 2709 of title 18, United States Code 

20 is repealed; and 

21 (5) section 3511 of title 18, United States Code 

22 is amended— 

23 (A) by striking ‘‘section 2709(b) of this 

24 title, section 626(a) or (b) or 627(a) of the Fair 

25 Credit Reporting Act, section 1114(a)(5)(A) of 


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1 the Right to Financial Privacy Act, or section 

2 802(a) of the National Security Act of 1947’’ 

3 each place it appears and inserting ‘‘section 

4 802(a) of the National Security Act of 1947 

5 (50 U.S.C. 3162(a))’’; and 

6 (B) in subsection (b)— 

7 (i) in paragraph (1)(A), by striking 

8 ‘‘section 2709 of this title, section 626 or 

9 627 of the Fair Credit Reporting Act (15 

10 U.S.C. 1681u and 1681v), section 1114 of 

11 the Right to Financial Privacy Act of 1978 

12 (12 U.S.C. 3414), or’’; and 

13 (ii) in paragraph (2), by striking ‘‘the 

14 Attorney General’’ and all that follows 

15 through ‘‘the head or deputy head of the 

16 department, agency, or instrumentality,’’ 

17 and inserting ‘‘the head or deputy head of 

18 the department, agency, or instrumentality 

19 making the request’’. 

20 (b) CONFORMING AMENDMENTS.—Effective on De21 cember 15, 2023— 

22 (1) the Right to Financial Privacy Act of 1978 

23 (12 U.S.C. 3401 et seq.) is amended— 


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1 (A) in section 1101(1) (12 U.S.C. 

2 3401(1)) by striking ‘‘, except as provided in 

3 section 1114,’’; 

4 (B) in section 1102 (12 U.S.C. 3402), in 

5 the matter preceding paragraph (1) by striking 

6 ‘‘, 1113, or 1114’’ and inserting ‘‘or 1113’’; 

7 and 

8 (C) in section 1109 (12 U.S.C. 3409)— 

9 (i) by striking subsection (c); and 

10 (ii) by redesignating subsection (d) as 

11 subsection (c); 

12 (2) section 1510(e) of title 18, United States 

13 Code, is amended by striking ‘‘confidentiality re14 quirements’’ and all that follows through ‘‘National 

15 Security Act of 1947 (50 U.S.C. 436(b)(1)),’’ and 

16 inserting ‘‘confidentiality requirements under section 

17 802(b)(1) of the National Security Act of 1947 (50 

18 U.S.C. 3162(b)(1)),’’; 

19 (3) the table of sections for chapter 121 of title 

20 18, United States Code, is amended by striking the 

21 item relating to section 2709; 

22 (4) the Foreign Intelligence Surveillance Act of 

23 1978 (50 U.S.C. 1801 et seq.) is amended— 

24 (A) in section 603 (50 U.S.C. 1873)— 

25 (i) in subsection (b)— 


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1 (I) in paragraph (5), by adding 

2 ‘‘and’’ at the end; 

3 (II) in paragraph (6), by striking 

4 ‘‘; and’’ and inserting a period; and 

5 (III) by striking paragraph (7); 

6 and 

7 (ii) in subsection (e)— 

8 (I) by striking paragraph (3); 

9 and 

10 (II) by redesignating paragraphs 

11 (4) and (5) as paragraphs (3) and 

12 (4), respectively; 

13 (B) in section 801(8)(B)(2) (50 U.S.C. 

14 1885(8)(B)(2)), by striking ‘‘or 2709(b)’’; and 

15 (C) in section 802(a)(2) (50 U.S.C. 

16 1885a(a)(2)), by striking ‘‘or 2709(b)’’; and 

17 (5) section 507 of the National Security Act of 

18 1947 (50 U.S.C. 3106) is amended— 

19 (A) by striking subsection (b) and insert20 ing the following: 

21 ‘‘(b) SEMIANNUAL REPORTS.—The dates for the sub22 mittal to the congressional intelligence committees of the 

23 semiannual reports on decisions not to prosecute certain 

24 violations of law under the Classified Information Proce25 dures Act (18 U.S.C. App.) as required by section 13 of 


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1 that Act shall be the dates each year provided in sub2 section (c)(2).’’; 

3 (B) in subsection (c)(2), by striking ‘‘each 

4 semiannual’’ and inserting ‘‘the semiannual’’; 

5 and 

6 (C) in subsection (d)(1)(B), by striking ‘‘a 

7 semiannual’’ and inserting ‘‘the semiannual’’. 

8 TITLE V—OTHER MATTERS 

9 SEC. 501. LIMITATION ON COLLECTION WITHOUT EXPRESS 

10 STATUTORY AUTHORITY. 

11 (a) PROHIBITION ON INTERCEPTION AND DISCLO12 SURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICA13 TIONS.—Section 2511(2)(f) of title 18, United States 

14 Code, is amended by inserting— 

15 (1) by inserting ‘‘(i)’’ after ‘‘acquisition by the 

16 United States Government of’’; 

17 (2) by inserting ‘‘if the acquisition (I) is pursu18 ant to express statutory authority or (II) does not 

19 include information of United States persons or per20 sons inside the United States’’ after ‘‘international 

21 or foreign communications’’; and 

22 (3) by inserting ‘‘(ii)’’ before ‘‘foreign intel23 ligence activities conducted in accordance with’’. 

24 (b) VOLUNTARY DISCLOSURE OF CUSTOMER COMMU25 NICATIONS OR RECORDS.—Section 2702(a) of title 18, 


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1 United States Code, is amended by striking ‘‘to the pub2 lic’’ each place it appears. 

3 (c) EXCLUSIVE MEANS RELATED TO COMMUNICA4 TIONS RECORDS.—The Foreign Intelligence Surveillance 

5 Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive 

6 means by which electronic communications transactions 

7 records, call detail records, or other information from com8 munications of United States persons or persons inside the 

9 United States are collected for intelligence purposes from 

10 a person or entity located in the United States that pro11 vides telecommunications, electronic communication or re12 mote computing services. 

13 (d) EXCLUSIVE MEANS RELATED TO CELL SITE LO14 CATION, GLOBAL POSITIONING SYSTEM INFORMATION, 

15 WEB BROWSING HISTORY, AND INTERNET SEARCH HIS16 TORY.—Title I and sections 303, 304, 703, 704, and 705 

17 of the Foreign Intelligence Surveillance Act of 1978 (50 

18 U.S.C. 1801 et seq., 1823, 1824, 1881b, 1881c, 1881d) 

19 shall be the exclusive means by which cell site location, 

20 global positioning system information, web browsing his21 tory, and Internet search history of United States persons 

22 or persons inside the United States are collected for intel23 ligence purposes from a person or entity located in the 

24 United States. 


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1 (e) EXCLUSIVE MEANS RELATED TO FOURTH

2 AMENDMENT-PROTECTED INFORMATION.—Title I and 

3 sections 303, 304, 703, 704, and 705 of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 

5 1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive 

6 means by which any information, records, data, or tangible 

7 things are collected for intelligence purposes from a person 

8 or entity located in the United States if the compelled pro9 duction of such information, records, data, or tangible 

10 things would require a warrant for law enforcement pur11 poses. 

12 (f) UNITED STATES PERSON DEFINED.—In this sec13 tion, the term ‘‘United States person’’ has the meaning 

14 given that term in section 101(i) of the Foreign Intel15 ligence Surveillance Act of 1978 (50 U.S.C. 1801(i)). 

Æ 


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