II 

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. 

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 ‘‘Security And Freedom Enhancement Act of 2024’’ or the 

6 ‘‘SAFE Act’’. 

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

8 this Act is as follows: 


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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 


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Sec. 601. Enhanced reports by Director of National Intelligence. 

TITLE VII—LIMITED DELAYS IN IMPLEMENTATION 

Sec. 701. Limited delays in implementation. 

1 TITLE I—PROTECTIONS FOR 

2 UNITED STATES PERSONS 

3 WHOSE COMMUNICATIONS 

4 ARE COLLECTED UNDER SEC5 TION 702 OF THE FOREIGN IN6 TELLIGENCE SURVEILLANCE 

7 ACT OF 1978 

8 SEC. 101. QUERY PROCEDURE REFORM. 

9 (a) MANDATORY AUDITS OF UNITED STATES PER10 SON QUERIES CONDUCTED BY FEDERAL BUREAU OF IN11 VESTIGATION.— 

12 (1) IN GENERAL.—The Department of Justice 

13 shall conduct an audit of a significant representative 

14 sample of covered queries, as defined in paragraph 

15 (6) of section 702(f) of the Foreign Intelligence Sur16 veillance Act of 1978 (50 U.S.C. 1881a(f)), as re17 designated and amended by subsection (b) of this 

18 section, conducted during the 180-day period begin19 ning on the date of enactment of this Act, and dur20 ing each 180-day period thereafter. 

21 (2) COMPLETION OF AUDIT.—Not later than 90 

22 days after the end of each 180-day period described 

23 in paragraph (1), the Department of Justice shall 


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1 complete the audit described in such paragraph with 

2 respect to such 180-day period. 

3 (b) RESTRICTIONS RELATING TO CONDUCT OF CER4 TAIN QUERIES BY FEDERAL BUREAU OF INVESTIGA5 TION.—Section 702(f) of the Foreign Intelligence Surveil6 lance Act of 1978 (50 U.S.C. 1881a(f)) is amended— 

7 (1) by redesignating paragraph (3) as para8 graph (6); 

9 (2) by inserting before paragraph (6) the fol10 lowing: 

11 ‘‘(5) QUERYING PROCEDURES APPLICABLE TO

12 FEDERAL BUREAU OF INVESTIGATION.—For any 

13 procedures adopted under paragraph (1) applicable 

14 to the Federal Bureau of Investigation, the Attorney 

15 General, in consultation with the Director of Na16 tional Intelligence, shall include the following re17 quirements: 

18 ‘‘(A) TRAINING.—A requirement that, 

19 prior to conducting any query, and on an an20 nual basis thereafter as a prerequisite for con21 tinuing to conduct queries, personnel of the 

22 Federal Bureau of Investigation successfully 

23 complete training on the querying procedures. 

24 ‘‘(B) ADDITIONAL PRIOR APPROVALS FOR

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1 sent exigent circumstances, prior to conducting 

2 certain queries, personnel of the Federal Bu3 reau of Investigation receive approval, at min4 imum, as follows: 

5 ‘‘(i) Approval from the Deputy Direc6 tor of the Federal Bureau of Investigation 

7 if the query uses a query term reasonably 

8 believed to identify a United States elected 

9 official, an appointee of the President or 

10 the governor of a State, a United States 

11 political candidate, a United States polit12 ical organization or a United States person 

13 prominent in such organization, or a 

14 United States media organization or a 

15 United States person who is a member of 

16 such organization. 

17 ‘‘(ii) Approval from an attorney of the 

18 Federal Bureau of Investigation if the 

19 query uses a query term reasonably be20 lieved to identify a United States religious 

21 organization or a United States person 

22 who is prominent in such organization. 

23 ‘‘(iii) Approval from an attorney of 

24 the Federal Bureau of Investigation for 2 


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1 or more queries conducted together as a 

2 batch job. 

3 ‘‘(C) PRIOR WRITTEN JUSTIFICATION.—A 

4 requirement that— 

5 ‘‘(i) prior to conducting a covered 

6 query, personnel of the Federal Bureau of 

7 Investigation generate a written statement 

8 of the specific factual basis to support the 

9 reasonable belief that such query meets the 

10 standards required by the procedures 

11 adopted under paragraph (1); and 

12 ‘‘(ii) for each covered query, the Fed13 eral Bureau of Investigation shall keep a 

14 record of the query term, the date of the 

15 conduct of the query, the identifier of the 

16 personnel conducting the query, and such 

17 written statement. 

18 ‘‘(D) AFFIRMATIVE ELECTION TO INCLUDE

19 SECTION 702 INFORMATION IN QUERIES.—Any 

20 system of the Federal Bureau of Investigation 

21 that stores unminimized contents or noncon22 tents obtained through acquisitions authorized 

23 under subsection (a) together with contents or 

24 noncontents obtained through other lawful 

25 means shall be configured in a manner that— 


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1 ‘‘(i) requires personnel of the Federal 

2 Bureau of Investigation to affirmatively 

3 elect to include such unminimized contents 

4 or noncontents obtained through acquisi5 tions authorized under subsection (a) when 

6 running a query; or 

7 ‘‘(ii) includes other controls reason8 ably expected to prevent inadvertent que9 ries of such unminimized contents or non10 contents.’’; and 

11 (3) in paragraph (6), as so redesignated— 

12 (A) by redesignating subparagraph (B) as 

13 subparagraph (C); and 

14 (B) by inserting after subparagraph (A) 

15 the following: 

16 ‘‘(B) The term ‘covered query’ means a 

17 query conducted— 

18 ‘‘(i) using a term associated with a 

19 United States person or a person reason20 ably believed to be located in the United 

21 States at the time of the query or the time 

22 of the communication or creation of the in23 formation; or 

24 ‘‘(ii) for the purpose of finding the in25 formation of a United States person or a 


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1 person reasonably believed to be located in 

2 the United States at the time of the query 

3 or the time of the communication or cre4 ation of the information.’’. 

5 (c) PROHIBITION ON WARRANTLESS ACCESS TO THE

6 COMMUNICATIONS AND OTHER INFORMATION OF UNITED

7 STATES PERSONS AND PERSONS LOCATED IN THE

8 UNITED STATES.—Section 702(f) of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is 

10 amended— 

11 (1) in paragraph (1)(A) by inserting ‘‘and the 

12 limitations and requirements in paragraph (2)’’ after 

13 ‘‘Constitution of the United States’’; 

14 (2) by striking paragraph (2) and inserting the 

15 following: 

16 ‘‘(2) PROHIBITION ON WARRANTLESS ACCESS

17 TO THE COMMUNICATIONS AND OTHER INFORMA18 TION OF UNITED STATES PERSONS AND PERSONS

19 LOCATED IN THE UNITED STATES.— 

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

21 subparagraphs (B) and (C), no officer or em22 ployee of the United States may access commu23 nications content, or information the compelled 

24 disclosure of which would require a probable 

25 cause warrant if sought for law enforcement 


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1 purposes inside the United States, acquired 

2 under subsection (a) and returned in response 

3 to a covered query. 

4 ‘‘(B) EXCEPTIONS FOR CONCURRENT AU5 THORIZATION, CONSENT, EMERGENCY SITUA6 TIONS, AND CERTAIN DEFENSIVE CYBERSECU7 RITY QUERIES.— 

8 ‘‘(i) IN GENERAL.—Subparagraph (A) 

9 shall not apply if— 

10 ‘‘(I) the person to whom the 

11 query relates is the subject of an 

12 order or emergency authorization au13 thorizing electronic surveillance, a 

14 physical search, or an acquisition 

15 under this section or section 105, sec16 tion 304, section 703, or section 704 

17 of this Act or a warrant issued pursu18 ant to the Federal Rules of Criminal 

19 Procedure by a court of competent ju20 risdiction; 

21 ‘‘(II)(aa) the officer or employee 

22 accessing the communications content 

23 or information has a reasonable belief 

24 that— 


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1 ‘‘(AA) an emergency exists 

2 involving an imminent threat of 

3 death or serious bodily harm; and 

4 ‘‘(BB) in order to prevent or 

5 mitigate the threat described in 

6 subitem (AA), the communica7 tions content or information 

8 must be accessed before author9 ization described in subclause (I) 

10 can, with due diligence, be ob11 tained; and 

12 ‘‘(bb) not later than 14 days 

13 after the communications content or 

14 information is accessed, a description 

15 of the circumstances justifying the ac16 cessing of the query results is pro17 vided to the Foreign Intelligence Sur18 veillance Court, the congressional in19 telligence committees, the Committee 

20 on the Judiciary of the House of Rep21 resentatives, and the Committee on 

22 the Judiciary of the Senate; 

23 ‘‘(III) such person or, if such 

24 person is incapable of providing con25 sent, a third party legally authorized 


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1 to consent on behalf of such person, 

2 has provided consent for the access on 

3 a case-by-case basis; or 

4 ‘‘(IV)(aa) the communications 

5 content or information is accessed and 

6 used for the sole purpose of identi7 fying targeted recipients of malicious 

8 software and preventing or mitigating 

9 harm from such malicious software; 

10 ‘‘(bb) other than malicious soft11 ware and cybersecurity threat signa12 tures, no communications content or 

13 other information are accessed or re14 viewed; and 

15 ‘‘(cc) the accessing of query re16 sults is reported to the Foreign Intel17 ligence Surveillance Court. 

18 ‘‘(ii) LIMITATIONS.— 

19 ‘‘(I) USE IN SUBSEQUENT PRO20 CEEDINGS.—No communications con21 tent or information accessed under 

22 clause (i)(II) or information derived 

23 from such access may be used, re24 ceived in evidence, or otherwise dis25 seminated in any trial, hearing, or 


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1 other proceeding in or before any 

2 court, grand jury, department, office, 

3 agency, regulatory body, legislative 

4 committee, or other authority of the 

5 United States, a State, or political 

6 subdivision thereof, except in a pro7 ceeding that arises from the threat 

8 that prompted the query. 

9 ‘‘(II) ASSESSMENT OF COMPLI10 ANCE.—Not less frequently than an11 nually, the Attorney General shall as12 sess compliance with the requirements 

13 under subclause (I). 

14 ‘‘(C) MATTERS RELATING TO EMERGENCY

15 QUERIES.— 

16 ‘‘(i) TREATMENT OF DENIALS.—In 

17 the event that communications content or 

18 information returned in response to a cov19 ered query are accessed pursuant to an 

20 emergency authorization described in sub21 paragraph (B)(i)(I) and the subsequent 

22 application to authorize electronic surveil23 lance, a physical search, or an acquisition 

24 pursuant to section 105(e), section 304(e), 

25 section 703(d), or section 704(d) of this 


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1 Act is denied, or in any other case in which 

2 communications content or information re3 turned in response to a covered query are 

4 accessed in violation of this paragraph— 

5 ‘‘(I) no communications content 

6 or information acquired or evidence 

7 derived from such access may be used, 

8 received in evidence, or otherwise dis9 seminated in any investigation by or 

10 in any trial, hearing, or other pro11 ceeding in or before any court, grand 

12 jury, department, office, agency, regu13 latory body, legislative committee, or 

14 other authority of the United States, 

15 a State, or political subdivision there16 of; and 

17 ‘‘(II) no communications content 

18 or information acquired or derived 

19 from such access may subsequently be 

20 used or disclosed in any other manner 

21 without the consent of the person to 

22 whom the covered query relates, ex23 cept in the case that the Attorney 

24 General approves the use or disclosure 

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1 vent the death of or serious bodily 

2 harm to any person. 

3 ‘‘(ii) ASSESSMENT OF COMPLIANCE.— 

4 Not less frequently than annually, the At5 torney General shall assess compliance 

6 with the requirements under clause (i). 

7 ‘‘(D) FOREIGN INTELLIGENCE PURPOSE.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii) of this subparagraph, 

10 no officer or employee of the United States 

11 may conduct a covered query of informa12 tion acquired under subsection (a) unless 

13 the query is reasonably likely to retrieve 

14 foreign intelligence information. 

15 ‘‘(ii) EXCEPTIONS.—An officer or em16 ployee of the United States may conduct a 

17 covered query of information acquired 

18 under this section if— 

19 ‘‘(I)(aa) the officer or employee 

20 conducting the query has a reasonable 

21 belief that an emergency exists involv22 ing an imminent threat of death or se23 rious bodily harm; and 

24 ‘‘(bb) not later than 14 days 

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1 scription of the query is provided to 

2 the Foreign Intelligence Surveillance 

3 Court, the congressional intelligence 

4 committees, the Committee on the Ju5 diciary of the House of Representa6 tives, and the Committee on the Judi7 ciary of the Senate; 

8 ‘‘(II) the person to whom the 

9 query relates or, if such person is in10 capable of providing consent, a third 

11 party legally authorized to consent on 

12 behalf of such person, has provided 

13 consent for the query on a case-by14 case basis; 

15 ‘‘(III)(aa) the query is conducted, 

16 and the results of the query are used, 

17 for the sole purpose of identifying tar18 geted recipients of malicious software 

19 and preventing or mitigating harm 

20 from such malicious software; 

21 ‘‘(bb) other than malicious soft22 ware and cybersecurity threat signa23 tures, no additional contents of com24 munications acquired as a result of 


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1 the query are accessed or reviewed; 

2 and 

3 ‘‘(cc) the query is reported to the 

4 Foreign Intelligence Surveillance 

5 Court; or 

6 ‘‘(IV) the query is necessary to 

7 identify information that must be pro8 duced or preserved in connection with 

9 a litigation matter or to fulfill dis10 covery obligations in a criminal matter 

11 under the laws of the United States 

12 or any State thereof. 

13 ‘‘(3) DOCUMENTATION.—No officer or employee 

14 of the United States may access communications 

15 content, or information the compelled disclosure of 

16 which would require a probable cause warrant if 

17 sought for law enforcement purposes inside the 

18 United States, returned in response to a covered 

19 query unless an electronic record is created that in20 cludes a statement of facts showing that the access 

21 is authorized pursuant to an exception specified in 

22 paragraph (2)(B)(i). 

23 ‘‘(4) QUERY RECORD SYSTEM.—The head of 

24 each agency that conducts queries shall ensure that 

25 a system, mechanism, or business practice is in place 


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1 to maintain the record described in paragraph (3). 

2 Not later than 90 days after the date of enactment 

3 of the SAFE Act, the head of each agency that con4 ducts queries shall report to Congress on its compli5 ance with this procedure.’’. 

6 (d) CONFORMING AMENDMENTS.— 

7 (1) Section 603(b)(2) of the Foreign Intel8 ligence Surveillance Act of 1978 (50 U.S.C. 

9 1873(b)(2)) is amended, in the matter preceding 

10 subparagraph (A), by striking ‘‘, including pursuant 

11 to subsection (f)(2) of such section,’’. 

12 (2) Section 706(a)(2)(A)(i) of the Foreign In13 telligence Surveillance Act of 1978 (50 U.S.C. 

14 1881e(a)(2)(A)(i)) is amended by striking ‘‘obtained 

15 an order of the Foreign Intelligence Surveillance 

16 Court to access such information pursuant to section 

17 702(f)(2)’’ and inserting ‘‘accessed such information 

18 in accordance with section 702(b)(2)’’. 

19 SEC. 102. QUARTERLY REPORTS. 

20 Section 707 of the Foreign Intelligence Surveillance 

21 Act of 1978 (50 U.S.C. 1881f) is amended by adding at 

22 the end the following: 

23 ‘‘(c) QUARTERLY REPORTS.—The Attorney General, 

24 in consultation with the Director of National Intelligence, 

25 shall submit to the congressional intelligence committees, 


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1 the Committee on the Judiciary of the Senate, and the 

2 Committee on the Judiciary of the House of Representa3 tives a quarterly report, which shall include, for that quar4 ter, disaggregated by each agency that conducts queries 

5 of information acquired under section 702, the following 

6 information: 

7 ‘‘(1) The total number of covered queries (as 

8 defined in section 702(f)(6)) conducted of informa9 tion acquired under section 702. 

10 ‘‘(2) The number of times an officer or em11 ployee of the United States accessed communications 

12 contents (as defined in section 2510(8) of title 18, 

13 United States Code) or information the compelled 

14 disclosure of which would require a probable cause 

15 warrant if sought for law enforcement purposes in 

16 the United States, returned in response to such que17 ries. 

18 ‘‘(3) The number of applications for orders re19 lating to an emergency authorization described in 

20 subclause (I) of section 702(f)(2)(B)(i) with respect 

21 to a person for which communications contents or 

22 information relating to such person were accessed 

23 under such subclause and the number of such orders 

24 granted. 


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1 ‘‘(4) The number of times an exception sub2 clause (II), (III), or (IV) of section 702(f)(2)(B)(i) 

3 was asserted, disaggregated by the subclause under 

4 which an exception was asserted.’’. 

5 SEC. 103. ACCOUNTABILITY PROCEDURES FOR INCIDENTS 

6 RELATING TO QUERIES CONDUCTED BY THE 

7 FEDERAL BUREAU OF INVESTIGATION. 

8 (a) IN GENERAL.—Title VII of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) 

10 is amended by adding at the end the following: 

11 ‘‘SEC. 709. ACCOUNTABILITY PROCEDURES FOR INCIDENTS 

12 RELATING TO QUERIES CONDUCTED BY THE 

13 FEDERAL BUREAU OF INVESTIGATION. 

14 ‘‘(a) IN GENERAL.—The Director of the Federal Bu15 reau of Investigation shall establish procedures to hold 

16 employees of the Federal Bureau of Investigation account17 able for violations of law, guidance, and procedure gov18 erning queries of information acquired pursuant to section 

19 702. 

20 ‘‘(b) ELEMENTS.—The procedures established under 

21 subsection (a) shall include the following: 

22 ‘‘(1) Centralized tracking of individual employee 

23 performance incidents involving negligent violations 

24 of law, guidance, and procedure described in sub25 section (a), over time. 


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1 ‘‘(2) Escalating consequences for such inci2 dents, including— 

3 ‘‘(A) consequences for initial incidents, in4 cluding, at a minimum— 

5 ‘‘(i) suspension of access to informa6 tion acquired under this Act; and 

7 ‘‘(ii) documentation of the incident in 

8 the personnel file of each employee respon9 sible for the violation; and 

10 ‘‘(B) consequences for subsequent inci11 dents, including, at a minimum— 

12 ‘‘(i) possible indefinite suspension of 

13 access to information acquired under this 

14 Act; 

15 ‘‘(ii) reassignment of each employee 

16 responsible for the violation; and 

17 ‘‘(iii) referral of the incident to the 

18 Inspection Division of the Federal Bureau 

19 of Investigation for review of potentially 

20 reckless conduct. 

21 ‘‘(3) Clarification of requirements for referring 

22 intentional misconduct and reckless conduct to the 

23 Inspection Division of the Federal Bureau of Inves24 tigation for investigation and disciplinary action by 


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1 the Office of Professional Responsibility of the Fed2 eral Bureau of Investigation.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 for the Foreign Intelligence Surveillance Act of 1978 (50 

5 U.S.C. 1801 et seq.) is amended by inserting after the 

6 item relating to section 708 the following: 

‘‘Sec. 709. Accountability procedures for incidents relating to queries conducted 

by the Federal Bureau of Investigation.’’. 

7 (c) REPORT REQUIRED.— 

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

9 after the date of enactment of this Act, the Director 

10 of the Federal Bureau of Investigation shall submit 

11 to the Committee on the Judiciary of the House of 

12 Representatives, the Committee on the Judiciary of 

13 the Senate, and the congressional intelligence com14 mittees (as such term is defined in section 801 of 

15 the Foreign Intelligence Surveillance Act of 1978 

16 (50 U.S.C. 1885)) a report detailing the procedures 

17 established under section 709 of the Foreign Intel18 ligence Surveillance Act of 1978, as added by sub19 section (a). 

20 (2) ANNUAL REPORT.—Not later than 1 year 

21 after the date of enactment of this Act, and annually 

22 thereafter, the Federal Bureau of Investigation shall 

23 submit to the Committee on the Judiciary of the 

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1 diciary of the Senate, and the congressional intel2 ligence committees (as such term is defined in sec3 tion 801 of the Foreign Intelligence Surveillance Act 

4 of 1978 (50 U.S.C. 1885)) a report on any discipli5 nary actions taken pursuant to the procedures estab6 lished under section 709 of the Foreign Intelligence 

7 Surveillance Act of 1978, as added by subsection 

8 (a), including a description of the circumstances sur9 rounding each such disciplinary action, and the re10 sults of each such disciplinary action. 

11 (3) FORM.—The reports required under para12 graphs (1) and (2) shall be submitted in unclassified 

13 form, but may include a classified annex to the ex14 tent necessary to protect sources and methods. 

15 SEC. 104. PROHIBITION ON REVERSE TARGETING OF 

16 UNITED STATES PERSONS AND PERSONS LO17 CATED IN THE UNITED STATES. 

18 Section 702 of the Foreign Intelligence Surveillance 

19 Act of 1978 (50 U.S.C. 1881a) is amended— 

20 (1) in subsection (b)(2)— 

21 (A) by striking ‘‘may not intentionally’’ 

22 and inserting the following: ‘‘may not— 

23 ‘‘(A) intentionally’’; and 

24 (B) in subparagraph (A), as designated by 

25 subparagraph (A) of this paragraph, by striking 


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1 ‘‘if the purpose of such acquisition is to target 

2 a particular, known person reasonably believed 

3 to be in the United States;’’ and inserting the 

4 following: ‘‘if a significant purpose of such ac5 quisition is to target 1 or more United States 

6 persons or persons reasonably believed to be lo7 cated in the United States at the time of acqui8 sition or communication, unless— 

9 ‘‘(i)(I) there is a reasonable belief that 

10 an emergency exists involving an imminent 

11 threat of death or serious bodily harm; 

12 ‘‘(II) the information is necessary to 

13 mitigate that threat; 

14 ‘‘(III) a description of the targeting is 

15 provided to the Foreign Intelligence Sur16 veillance Court, the congressional intel17 ligence committees, the Committee on the 

18 Judiciary of the Senate, and the Com19 mittee on the Judiciary of the House of 

20 Representatives in a timely manner; and 

21 ‘‘(IV) any information acquired from 

22 such targeting is used, received in evi23 dence, or otherwise disseminated solely in 

24 an investigation by or in a trial, hearing, 

25 or other proceeding in or before a court, 


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1 grand jury, department, office, agency, 

2 regulatory body, legislative committee, or 

3 other authority of the United States, a 

4 State, or political subdivision thereof, that 

5 arises from the threat that prompted the 

6 targeting; or 

7 ‘‘(ii) the United States person or per8 sons reasonably believed to be located in 

9 the United States at the time of acquisi10 tion or communication has provided con11 sent to the targeting, or if such person is 

12 incapable of providing consent, a third 

13 party legally authorized to consent on be14 half of such person has provided consent;’’; 

15 (2) in subsection (d)(1), by amending subpara16 graph (A) to read as follows: 

17 ‘‘(A) ensure that— 

18 ‘‘(i) any acquisition authorized under 

19 subsection (a) is limited to targeting per20 sons reasonably believed to be non-United 

21 States persons located outside the United 

22 States; and 

23 ‘‘(ii) except as provided in subsection 

24 (b)(2), targeting 1 or more United States 

25 persons or persons reasonably believed to 


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1 be in the United States at the time of ac2 quisition or communication is not a signifi3 cant purpose of an acquisition; and’’; 

4 (3) in subsection (h)(2)(A)(i), by amending sub5 clause (I) to read as follows: 

6 ‘‘(I) ensure that— 

7 ‘‘(aa) an acquisition author8 ized under subsection (a) is lim9 ited to targeting persons reason10 ably believed to be non-United 

11 States persons located outside 

12 the United States; and 

13 ‘‘(bb) except as provided in 

14 subsection (b)(2), a significant 

15 purpose of an acquisition is not 

16 to target 1 or more United 

17 States persons or persons reason18 ably believed to be in the United 

19 States at the time of acquisition 

20 or communication; and’’; and 

21 (4) in subsection (j)(2)(B), by amending clause 

22 (i) to read as follows: 

23 ‘‘(i) ensure that— 

24 ‘‘(I) an acquisition authorized 

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1 geting persons reasonably believed to 

2 be non-United States persons located 

3 outside the United States; and 

4 ‘‘(II) except as provided in sub5 section (b)(2), a significant purpose of 

6 an acquisition is not to target 1 or 

7 more United States persons or per8 sons reasonably believed to be in the 

9 United States at the time of acquisi10 tion or communication; and’’. 

11 SEC. 105. FISA COURT REVIEW OF TARGETING DECISIONS. 

12 Section 702 of the Foreign Intelligence Surveillance 

13 Act of 1978 (50 U.S.C. 1881a) is amended— 

14 (1) in subsection (h)(2)— 

15 (A) in subparagraph (D)(ii), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (E), by striking the 

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

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

20 ‘‘(F) include a random sample of targeting 

21 decisions and supporting written justifications 

22 from the prior year, using a sample size and 

23 methodology that has been approved by the 

24 Foreign Intelligence Surveillance Court.’’; and 

25 (2) in subsection (j)(1)— 


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1 (A) by striking ‘‘subsection (g)’’ each place 

2 it appears and inserting ‘‘subsection (h)’’; and 

3 (B) in subparagraph (A), as amended by 

4 subparagraph (A) of this paragraph, by insert5 ing ‘‘, including reviewing the random sample of 

6 targeting decisions and written justifications 

7 submitted under subsection (h)(2)(F),’’ after 

8 ‘‘subsection (h)’’. 

9 SEC. 106. REPEAL OF AUTHORITY FOR THE RESUMPTION 

10 OF ABOUTS COLLECTION. 

11 (a) IN GENERAL.—Section 702(b)(5) of the Foreign 

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

13 1881a(b)(5)) is amended by striking ‘‘, except as provided 

14 under section 103(b) of the FISA Amendments Reauthor15 ization Act of 2017’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) FOREIGN INTELLIGENCE SURVEILLANCE

18 ACT OF 1978.—Section 702(m) of the Foreign Intel19 ligence Surveillance Act of 1978 (50 U.S.C. 

20 1881a(m)) is amended— 

21 (A) in the subsection heading, by striking 

22 ‘‘REVIEWS, AND REPORTING’’ and inserting 

23 ‘‘AND REVIEWS’’; and 

24 (B) by striking paragraph (4). 


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1 (2) FISA AMENDMENTS REAUTHORIZATION ACT

2 OF 2017.—Section 103 of the FISA Amendments Re3 authorization Act of 2017 (Public Law 115–118; 

4 132 Stat. 10) is amended— 

5 (A) by striking subsection (b) (50 U.S.C. 

6 1881a note); and 

7 (B) by striking ‘‘(a) IN GENERAL.—’’. 

8 SEC. 107. EXTENSION OF TITLE VII OF FISA; EXPIRATION 

9 OF FISA AUTHORITIES; EFFECTIVE DATES. 

10 (a) EFFECTIVE DATES.—Section 403(b) of the FISA 

11 Amendments Act of 2008 (Public Law 110–261; 122 Stat. 

12 2474) is amended— 

13 (1) in paragraph (1) (50 U.S.C. 1881 note)— 

14 (A) by striking ‘‘April 19, 2024’’ and in15 serting ‘‘December 31, 2027’’; and 

16 (B) by striking ‘‘, as amended by section 

17 101(a) and by the FISA Amendments Reau18 thorization Act of 2017,’’ and inserting ‘‘, as 

19 most recently amended,’’; and 

20 (2) in paragraph (2) (18 U.S.C. 2511 note), in 

21 the matter preceding subparagraph (A), by striking 

22 ‘‘April 19, 2024’’ and inserting ‘‘December 31, 

23 2027’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 404(b) of 

2 the FISA Amendments Act of 2008 (Public Law 110–261; 

3 122 Stat. 2476), is amended— 

4 (1) in paragraph (1)— 

5 (A) in the heading, by striking ‘‘APRIL 19, 

6 2024’’ and inserting ‘‘DECEMBER 31, 2027’’; and 

7 (B) by striking ‘‘, as amended by section 

8 101(a) and by the FISA Amendments Reau9 thorization Act of 2017,’’ and inserting ‘‘, as 

10 most recently amended,’’; 

11 (2) in paragraph (2), by striking ‘‘, as amended 

12 by section 101(a) and by the FISA Amendments Re13 authorization Act of 2017,’’ and inserting ‘‘, as most 

14 recently amended,’’; and 

15 (3) in paragraph (4)— 

16 (A) by striking ‘‘, as added by section 

17 101(a) and amended by the FISA Amendments 

18 Reauthorization Act of 2017,’’ both places it 

19 appears and inserting ‘‘, as added by section 

20 101(a) and as most recently amended,’’; and 

21 (B) by striking ‘‘, as amended by section 

22 101(a) and by the FISA Amendments Reau23 thorization Act of 2017,’’ both places it appears 

24 and inserting ‘‘, as most recently amended,’’. 


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1 TITLE II—ADDITIONAL RE2 FORMS RELATING TO ACTIVI3 TIES UNDER THE FOREIGN 

4 INTELLIGENCE SURVEIL5 LANCE ACT OF 1978 

6 SEC. 201. APPLICATION FOR AN ORDER UNDER THE FOR7 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

8 1978. 

9 (a) REQUIREMENT FOR SWORN STATEMENTS FOR

10 FACTUAL ASSERTIONS.— 

11 (1) TITLE I.—Subsection (a)(3) of section 104 

12 of the Foreign Intelligence Surveillance Act of 1978 

13 (50 U.S.C. 1804) is amended by striking ‘‘a state14 ment of’’ and inserting ‘‘a sworn statement of’’. 

15 (2) TITLE III.—Subsection (a)(3) of section 303 

16 of the Foreign Intelligence Surveillance Act of 1978 

17 (50 U.S.C. 1823) is amended by striking ‘‘a state18 ment of’’ and inserting ‘‘a sworn statement of’’. 

19 (3) SECTION 703.—Subsection (b)(1)(C) of sec20 tion 703 of the Foreign Intelligence Surveillance Act 

21 of 1978 (50 U.S.C. 1881b) is amended by striking 

22 ‘‘a statement of’’ and inserting ‘‘a sworn statement 

23 of’’. 

24 (4) SECTION 704.—Subsection (b)(3) of section 

25 704 of the Foreign Intelligence Surveillance Act of 


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1 1978 (50 U.S.C. 1881c) is amended by striking ‘‘a 

2 statement of’’ and inserting ‘‘a sworn statement of’’. 

3 (5) APPLICABILITY.—The amendments made 

4 by this subsection shall apply with respect to appli5 cations made on or after the date that is 120 days 

6 after the date of enactment of this Act. 

7 (b) DESCRIPTION OF TECHNIQUES CARRIED OUT

8 BEFORE APPLICATION.— 

9 (1) TITLE I.—Subsection (a) of section 104 of 

10 the Foreign Intelligence Surveillance Act of 1978 

11 (50 U.S.C. 1804) is amended— 

12 (A) in paragraph (8), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (B) in paragraph (9), by striking the pe15 riod at the end and inserting a semicolon; and 

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

17 ‘‘(10) with respect to a target who is a United 

18 States person, a statement summarizing the inves19 tigative techniques carried out before making the ap20 plication;’’. 

21 (2) APPLICABILITY.—The amendments made 

22 by this subsection shall apply with respect to appli23 cations made on or after the date that is 120 days 

24 after the date of enactment of this Act. 


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1 (c) REQUIREMENT FOR CERTAIN JUSTIFICATION

2 PRIOR TO EXTENSION OF ORDERS.— 

3 (1) APPLICATIONS FOR EXTENSION OF ORDERS

4 UNDER TITLE I.—Subsection (a) of section 104 of 

5 the Foreign Intelligence Surveillance Act of 1978 

6 (50 U.S.C. 1804), as amended by this Act, is fur7 ther amended by adding at the end the following: 

8 ‘‘(11) in the case of an application for an exten9 sion of an order under this title for a surveillance 

10 targeted against a United States person, a summary 

11 statement of the foreign intelligence information ob12 tained pursuant to the original order (and any pre13 ceding extension thereof) as of the date of the appli14 cation for the extension, or a reasonable explanation 

15 of the failure to obtain such information;’’. 

16 (2) APPLICATIONS FOR EXTENSION OF ORDERS

17 UNDER TITLE III.—Subsection (a) of section 303 of 

18 the Foreign Intelligence Surveillance Act of 1978 

19 (50 U.S.C. 1823) is amended— 

20 (A) in paragraph (7), by striking ‘‘; and’’ 

21 and inserting a semicolon; 

22 (B) in paragraph (8), by striking the pe23 riod at the end and inserting a semicolon; and 

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


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1 ‘‘(9) in the case of an application for an exten2 sion of an order under this title in which the target 

3 of the physical search is a United States person, a 

4 summary statement of the foreign intelligence infor5 mation obtained pursuant to the original order (and 

6 any preceding extension thereof) as of the date of 

7 the application for the extension, or a reasonable ex8 planation of the failure to obtain such information;’’. 

9 (3) APPLICABILITY.—The amendments made 

10 by this subsection shall apply with respect to appli11 cations made on or after the date that is 120 days 

12 after the date of enactment of this Act. 

13 (d) REQUIREMENT FOR JUSTIFICATION OF UNDER14 LYING CRIMINAL OFFENSE IN CERTAIN APPLICATIONS.— 

15 (1) TITLE I.—Subsection (a)(3)(A) of section 

16 104 of the Foreign Intelligence Surveillance Act of 

17 1978 (50 U.S.C. 1804) is amended by inserting be18 fore the semicolon at the end the following: ‘‘, and, 

19 in the case of a target that is a United States per20 son alleged to be acting as an agent of a foreign 

21 power (as described in section 101(b)(2)(B)), that a 

22 violation of the criminal statutes of the United 

23 States as referred to in section 101(b)(2)(B) has oc24 curred or will occur’’. 


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1 (2) TITLE III.—Subsection (a)(3)(A) of section 

2 303 of the Foreign Intelligence Surveillance Act of 

3 1978 (50 U.S.C. 1823) is amended by inserting be4 fore the semicolon at the end the following: ‘‘, and, 

5 in the case of a target that is a United States per6 son alleged to be acting as an agent of a foreign 

7 power (as described in section 101(b)(2)(B)), that a 

8 violation of the criminal statutes of the United 

9 States as referred to in section 101(b)(2)(B) has oc10 curred or will occur’’. 

11 (3) APPLICABILITY.—The amendments made 

12 by this subsection shall apply with respect to appli13 cations made on or after the date that is 120 days 

14 after the date of enactment of this Act. 

15 (e) REQUIRED DISCLOSURE OF RELEVANT INFORMA16 TION IN FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

17 1978 APPLICATIONS.— 

18 (1) IN GENERAL.—The Foreign Intelligence 

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

20 is amended by adding at the end the following: 


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1 ‘‘TITLE IX—REQUIRED DISCLO2 SURE OF RELEVANT INFOR3 MATION 

4 ‘‘SEC. 901. DISCLOSURE OF RELEVANT INFORMATION. 

5 ‘‘The Attorney General or any other Federal officer 

6 or employee making an application for a court order under 

7 this Act shall provide the court with— 

8 ‘‘(1) all information in the possession of the 

9 Government that is material to determining whether 

10 the application satisfies the applicable requirements 

11 under this Act, including any exculpatory informa12 tion; and 

13 ‘‘(2) all information in the possession of the 

14 Government that might reasonably— 

15 ‘‘(A) call into question the accuracy of the 

16 application or the reasonableness of any assess17 ment in the application conducted by the de18 partment or agency on whose behalf the appli19 cation is made; or 

20 ‘‘(B) otherwise raise doubts with respect to 

21 the findings that are required to be made under 

22 the applicable provision of this Act in order for 

23 the court order to be issued.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents for the Foreign Intelligence Surveillance Act of 

3 1978 is amended by adding at the end the following: 

‘‘TITLE IX—REQUIRED DISCLOSURE OF RELEVANT 

INFORMATION 

‘‘Sec. 901. Disclosure of relevant information.’’. 

4 (f) CERTIFICATION REGARDING ACCURACY PROCE5 DURES.— 

6 (1) CERTIFICATION REGARDING ACCURACY PRO7 CEDURES.—Title IX of the Foreign Intelligence Sur8 veillance Act of 1978, as added by subsection (e) of 

9 this section, is amended by adding at the end the 

10 following: 

11 ‘‘SEC. 902. CERTIFICATION REGARDING ACCURACY PROCE12 DURES. 

13 ‘‘(a) DEFINITION OF ACCURACY PROCEDURES.—In 

14 this section, the term ‘accuracy procedures’ means specific 

15 procedures, adopted by the Attorney General, to ensure 

16 that an application for a court order under this Act, in17 cluding any application for renewal of an existing order, 

18 is accurate and complete, including procedures that en19 sure, at a minimum, that— 

20 ‘‘(1) the application reflects all information that 

21 might reasonably call into question the accuracy of 

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1 ment in the application, or otherwise raises doubts 

2 about the requested findings; 

3 ‘‘(2) the application reflects all material infor4 mation that might reasonably call into question the 

5 reliability and reporting of any information from a 

6 confidential human source that is used in the appli7 cation; 

8 ‘‘(3) a complete file documenting each factual 

9 assertion in an application is maintained; 

10 ‘‘(4) the applicant coordinates with the appro11 priate elements of the intelligence community (as de12 fined in section 3 of the National Security Act of 

13 1947 (50 U.S.C. 3003)), concerning any prior or ex14 isting relationship with the target of any surveil15 lance, search, or other means of investigation, and 

16 discloses any such relationship in the application; 

17 ‘‘(5) before any application targeting a United 

18 States person (as defined in section 101) is made, 

19 the applicant Federal officer shall document that the 

20 officer has collected and reviewed for accuracy and 

21 completeness supporting documentation for each fac22 tual assertion in the application; and 

23 ‘‘(6) the applicant Federal agency establish 

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1 dures that have been adopted and report such find2 ings to the Attorney General. 

3 ‘‘(b) STATEMENT AND CERTIFICATION OF ACCURACY

4 PROCEDURES.—Any Federal officer making an applica5 tion for a court order under this Act shall include with 

6 the application— 

7 ‘‘(1) a description of the accuracy procedures 

8 employed by the officer or the officer’s designee; and 

9 ‘‘(2) a certification that the officer or the offi10 cer’s designee has collected and reviewed for accu11 racy and completeness— 

12 ‘‘(A) supporting documentation for each 

13 factual assertion contained in the application; 

14 ‘‘(B) all information that might reasonably 

15 call into question the accuracy of the informa16 tion or the reasonableness of any assessment in 

17 the application, or otherwise raises doubts 

18 about the requested findings; and 

19 ‘‘(C) all material information that might 

20 reasonably call into question the reliability and 

21 reporting of any information from any confiden22 tial human source that is used in the applica23 tion. 

24 ‘‘(c) NECESSARY FINDING FOR COURT ORDERS.—A 

25 judge may not enter an order under this Act unless the 


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1 judge finds, in addition to any other findings required 

2 under this Act, that the accuracy procedures described in 

3 the application for the order, as required under subsection 

4 (b)(1), are actually accuracy procedures as defined in this 

5 section.’’. 

6 (2) TECHNICAL AMENDMENT.—The table of 

7 contents for the Foreign Intelligence Surveillance 

8 Act of 1978, as amended by subsection (e) of this 

9 section, is amended by adding at the end the fol10 lowing: 

‘‘Sec. 902. Certification regarding accuracy procedures.’’. 

11 (g) PROHIBITION ON USE OF CERTAIN INFORMA12 TION.—Section 104 of the Foreign Intelligence Surveil13 lance Act of 1978 (50 U.S.C. 1804) is amended by adding 

14 at the end the following: 

15 ‘‘(e) The statement of facts and circumstances under 

16 subsection (a)(3) may only include information obtained 

17 from the content of a media source or information gath18 ered by a political campaign if— 

19 ‘‘(1) such information is disclosed in the appli20 cation as having been so obtained or gathered; 

21 ‘‘(2) with regard to information gathered from 

22 the content of a media source, the application in23 cludes an explanation of the investigative techniques 

24 used to corroborate the information; and 


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1 ‘‘(3) with regard to information gathered by a 

2 political campaign, such information is not the sole 

3 source of the information used to justify the appli4 cant’s belief described in subsection (a)(3).’’. 

5 (h) LIMITATION ON ISSUANCE OF ORDER.—Section 

6 105(a) of the Foreign Intelligence Surveillance Act of 

7 1978 (50 U.S.C. 1805(a)) is amended— 

8 (1) in paragraph (3), by striking ‘‘; and’’ and 

9 inserting a semicolon; 

10 (2) in paragraph (4), by striking the period and 

11 inserting ‘‘; and’’; and 

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

13 ‘‘(5) for an application that is based, in whole 

14 or in part, on information obtained from the content 

15 of a media source or information gathered by a po16 litical campaign— 

17 ‘‘(A) such information is disclosed in the 

18 application as having been so obtained or gath19 ered; 

20 ‘‘(B) with regard to information gathered 

21 from the content of a media source, the applica22 tion includes an explanation of the investigative 

23 techniques used to corroborate the information; 

24 and 


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1 ‘‘(C) with regard to information gathered 

2 by a political campaign, such information is not 

3 the sole source of the information used to jus4 tify the applicant’s belief described in section 

5 104(a)(3).’’. 

6 SEC. 202. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA. 

7 (a) IN GENERAL.—Section 109 of the Foreign Intel8 ligence Surveillance Act of 1978 (50 U.S.C. 1809) is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘intentionally’’; 

13 (B) in paragraph (1)— 

14 (i) by inserting ‘‘intentionally’’ before 

15 ‘‘engages’’; and 

16 (ii) by striking ‘‘or’’ at the end; 

17 (C) in paragraph (2)— 

18 (i) by inserting ‘‘intentionally’’ before 

19 ‘‘disclose’’; and 

20 (ii) by striking the period at the end 

21 and inserting a semicolon; and 

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

23 ‘‘(3) knowingly submits any document to or 

24 makes any false statement before the court estab25 lished under section 103(a) or the court established 


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1 under section 103(b), knowing such document or 

2 statement to contain— 

3 ‘‘(A) a false material declaration; or 

4 ‘‘(B) a material omission; or 

5 ‘‘(4) knowingly discloses the existence of an ap6 plication for an order authorizing surveillance under 

7 this title, or any information contained therein, to 

8 any person not authorized to receive such informa9 tion, except insofar as such disclosure is authorized 

10 by statute or executive order setting forth permis11 sible disclosures by whistleblowers.’’; and 

12 (2) in subsection (c), by striking ‘‘five’’ and in13 serting ‘‘8’’. 

14 (b) RULE OF CONSTRUCTION.—This section and the 

15 amendments made by this section may not be construed 

16 to interfere with the enforcement of section 798 of title 

17 18, United States Code, or any other provision of law re18 garding the unlawful disclosure of classified information. 

19 SEC. 203. INCREASED PENALTIES FOR CIVIL ACTIONS. 

20 (a) INCREASED PENALTIES.—Section 110 of the 

21 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

22 1810) is amended by striking subsection (a) and inserting 

23 the following: 

24 ‘‘(a) actual damages, but not less than liquidated 

25 damages equal to the greater of— 


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1 ‘‘(1) if the aggrieved person is a United States 

2 person, $10,000 or $1,000 per day for each day of 

3 violation; or 

4 ‘‘(2) for any other aggrieved person, $1,000 or 

5 $100 per day for each day of violation;’’. 

6 (b) REPORTING REQUIREMENT.—Title I of the For7 eign Intelligence Surveillance Act of 1978 is amended by 

8 inserting after section 110 the following: 

9 ‘‘SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL AC10 TIONS. 

11 ‘‘(a) REPORT TO CONGRESS.—If a court finds that 

12 a person has violated this Act in a civil action under sec13 tion 110, the head of the agency that employs that person 

14 shall report to Congress on the administrative action 

15 taken against that person pursuant to section 607 or any 

16 other provision of law. 

17 ‘‘(b) FISC.—If a court finds that a person has vio18 lated this Act in a civil action under section 110, the head 

19 of the agency that employs that person shall report the 

20 name of such person to the court established under section 

21 103(a). Such court shall maintain a list of each person 

22 about whom it received a report under this subsection.’’. 

23 SEC. 204. AGENCY PROCEDURES TO ENSURE COMPLIANCE. 

24 (a) AGENCY PROCEDURES TO ENSURE COMPLI25 ANCE.—Title VI of the Foreign Intelligence Surveillance 


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1 Act of 1978 (50 U.S.C. 1871 et seq.) is amended by add2 ing at the end the following: 

3 ‘‘SEC. 605. AGENCY PROCEDURES TO ENSURE COMPLI4 ANCE. 

5 ‘‘The head of each Federal department or agency au6 thorized to acquire foreign intelligence information under 

7 this Act shall establish procedures— 

8 ‘‘(1) setting forth clear rules on what con9 stitutes a violation of this Act by an officer or em10 ployee of that department or agency; and 

11 ‘‘(2) for taking appropriate adverse personnel 

12 action against any officer or employee of the depart13 ment or agency who engages in a violation described 

14 in paragraph (1), including more severe adverse per15 sonnel actions for any subsequent violation by such 

16 officer or employee.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 for the Foreign Intelligence Surveillance Act of 1978 is 

19 amended by inserting after the item relating to section 

20 604 the following: 

‘‘Sec. 605. Agency procedures to ensure compliance.’’. 

21 (c) REPORT.—Not later than 90 days after the date 

22 of enactment of this Act, the head of each Federal depart23 ment or agency that is required to establish procedures 

24 under section 605 of the Foreign Intelligence Surveillance 

25 Act of 1978, as added by subsection (a) of this section, 


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1 shall report to Congress on the implementation of such 

2 procedures. 

3 SEC. 205. LIMIT ON CIVIL IMMUNITY FOR PROVIDING IN4 FORMATION, FACILITIES, OR TECHNICAL AS5 SISTANCE TO THE GOVERNMENT ABSENT A 

6 COURT ORDER. 

7 Section 2511(2)(a) of title 18, United States Code, 

8 is amended— 

9 (1) in subparagraph (ii), by striking clause (B) 

10 and inserting the following: 

11 ‘‘(B) a certification in writing— 

12 ‘‘(i) by a person specified in section 

13 2518(7) or the Attorney General of the 

14 United States; 

15 ‘‘(ii) that the requirements for an 

16 emergency authorization to intercept a 

17 wire, oral, or electronic communication 

18 under section 2518(7) have been met; and 

19 ‘‘(iii) that the specified assistance is 

20 required,’’; and 

21 (2) by striking subparagraph (iii) and inserting 

22 the following: 

23 ‘‘(iii) For assistance provided pursu24 ant to a certification under subparagraph 

25 (ii)(B), the limitation on causes of action 


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1 under the last sentence of the matter fol2 lowing that subparagraph shall only apply 

3 to the extent that the assistance ceased at 

4 the earliest of the time the application for 

5 a court order was denied, the time the 

6 communication sought was obtained, or 48 

7 hours after the interception began.’’. 

8 TITLE III—REFORMS RELATING 

9 TO PROCEEDINGS BEFORE 

10 THE FOREIGN INTELLIGENCE 

11 SURVEILLANCE COURT AND 

12 OTHER COURTS 

13 SEC. 301. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

14 REFORM. 

15 (a) REQUIREMENT FOR SAME JUDGE TO HEAR RE16 NEWAL APPLICATIONS.—Section 103(a)(1) of the Foreign 

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

18 1803(a)(1)) is amended by adding at the end the fol19 lowing: ‘‘To the extent practicable, no judge designated 

20 under this subsection shall hear a renewal application for 

21 electronic surveillance under this Act, which application 

22 was previously granted by another judge designated under 

23 this subsection, unless the term of the judge who granted 

24 the application has expired, or that judge is otherwise no 

25 longer serving on the court.’’. 


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1 (b) USE OF AMICI CURIAE IN FOREIGN INTEL2 LIGENCE SURVEILLANCE COURT PROCEEDINGS.— 

3 (1) EXPANSION OF APPOINTMENT AUTHOR4 ITY.— 

5 (A) IN GENERAL.—Section 103(i)(2) of the 

6 Foreign Intelligence Surveillance Act of 1978 

7 (50 U.S.C. 1803(i)(2)) is amended— 

8 (i) by striking subparagraph (A) and 

9 inserting the following: 

10 ‘‘(A) shall, unless the court issues a find11 ing that appointment is not appropriate, ap12 point 1 or more individuals who have been des13 ignated under paragraph (1), not fewer than 1 

14 of whom possesses privacy and civil liberties ex15 pertise, unless the court finds that such a quali16 fication is inappropriate, to serve as amicus cu17 riae to assist the court in the consideration of 

18 any application or motion for an order or review 

19 that, in the opinion of the court— 

20 ‘‘(i) presents a novel or significant in21 terpretation of the law; 

22 ‘‘(ii) presents significant concerns 

23 with respect to the activities of a United 

24 States person that are protected by the 


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1 first amendment to the Constitution of the 

2 United States; 

3 ‘‘(iii) presents or involves a sensitive 

4 investigative matter; 

5 ‘‘(iv) presents a request for approval 

6 of a new program, a new technology, or a 

7 new use of existing technology; 

8 ‘‘(v) presents a request for reauthor9 ization of programmatic surveillance; or 

10 ‘‘(vi) otherwise presents novel or sig11 nificant civil liberties issues; and’’; and 

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

13 ‘‘an individual or organization’’ each place 

14 the term appears and inserting ‘‘1 or more 

15 individuals or organizations’’. 

16 (B) DEFINITION OF SENSITIVE INVESTIGA17 TIVE MATTER.—Section 103(i) of the Foreign 

18 Intelligence Surveillance Act of 1978 (50 

19 U.S.C. 1803(i)) is amended by adding at the 

20 end the following: 

21 ‘‘(12) DEFINITION.—In this subsection, the 

22 term ‘sensitive investigative matter’ means— 

23 ‘‘(A) an investigative matter involving the 

24 activities of— 


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1 ‘‘(i) a domestic public official or polit2 ical candidate, or an individual serving on 

3 the staff of such an official or candidate; 

4 ‘‘(ii) a domestic religious or political 

5 organization, or a known or suspected 

6 United States person prominent in such an 

7 organization; or 

8 ‘‘(iii) the domestic news media; or 

9 ‘‘(B) any other investigative matter involv10 ing a domestic entity or a known or suspected 

11 United States person that, in the judgment of 

12 the applicable court established under sub13 section (a) or (b), is as sensitive as an inves14 tigative matter described in subparagraph 

15 (A).’’. 

16 (2) AUTHORITY TO SEEK REVIEW.—Section 

17 103(i) of the Foreign Intelligence Surveillance Act of 

18 1978 (50 U.S.C. 1803(i)), as amended by paragraph 

19 (1) of this subsection, is amended— 

20 (A) in paragraph (4)— 

21 (i) in the paragraph heading, by in22 serting ‘‘; AUTHORITY’’ after ‘‘DUTIES’’; 

23 (ii) by redesignating subparagraphs 

24 (A), (B), and (C) as clauses (i), (ii), and 


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1 (iii), respectively, and adjusting the mar2 gins accordingly; 

3 (iii) in the matter preceding clause (i), 

4 as so redesignated, by striking ‘‘the amicus 

5 curiae shall’’ and inserting the following: 

6 ‘‘the amicus curiae— 

7 ‘‘(A) shall’’; 

8 (iv) in subparagraph (A)(i), as so re9 designated, by inserting before the semi10 colon at the end the following: ‘‘, including 

11 legal arguments regarding any privacy or 

12 civil liberties interest of any United States 

13 person that would be significantly im14 pacted by the application or motion’’; and 

15 (v) by striking the period at the end 

16 and inserting the following: ‘‘; and 

17 ‘‘(B) may seek leave to raise any novel or 

18 significant privacy or civil liberties issue rel19 evant to the application or motion or other 

20 issue directly impacting the legality of the pro21 posed electronic surveillance with the court, re22 gardless of whether the court has requested as23 sistance on that issue.’’; 


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1 (B) by redesignating paragraphs (7) 

2 through (12) as paragraphs (8) through (13), 

3 respectively; and 

4 (C) by inserting after paragraph (6) the 

5 following: 

6 ‘‘(7) AUTHORITY TO SEEK REVIEW OF DECI7 SIONS.— 

8 ‘‘(A) FISA COURT DECISIONS.— 

9 ‘‘(i) PETITION.—Following issuance of 

10 an order under this Act by the court estab11 lished under subsection (a), an amicus cu12 riae appointed under paragraph (2) may 

13 petition the court to certify for review to 

14 the court established under subsection (b) 

15 a question of law pursuant to subsection 

16 (j). 

17 ‘‘(ii) WRITTEN STATEMENT OF REA18 SONS.—If the court established under sub19 section (a) denies a petition under this 

20 subparagraph, the court shall provide for 

21 the record a written statement of the rea22 sons for the denial. 

23 ‘‘(iii) APPOINTMENT.—Upon certifi24 cation of any question of law pursuant to 

25 this subparagraph, the court established 


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1 under subsection (b) shall appoint the ami2 cus curiae to assist the court in its consid3 eration of the certified question, unless the 

4 court issues a finding that such appoint5 ment is not appropriate. 

6 ‘‘(B) FISA COURT OF REVIEW DECI7 SIONS.—An amicus curiae appointed under 

8 paragraph (2) may petition the court estab9 lished under subsection (b) to certify for review 

10 to the Supreme Court of the United States any 

11 question of law pursuant to section 1254(2) of 

12 title 28, United States Code. 

13 ‘‘(C) DECLASSIFICATION OF REFER14 RALS.—For purposes of section 602, a petition 

15 filed under subparagraph (A) or (B) of this 

16 paragraph and all of its content shall be consid17 ered a decision, order, or opinion issued by the 

18 Foreign Intelligence Surveillance Court or the 

19 Foreign Intelligence Surveillance Court of Re20 view described in section 602(a).’’. 

21 (3) ACCESS TO INFORMATION.— 

22 (A) APPLICATION AND MATERIALS.—Sec23 tion 103(i)(6) of the Foreign Intelligence Sur24 veillance Act of 1978 (50 U.S.C. 1803(i)(6)) is 


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1 amended by striking subparagraph (A) and in2 serting the following: 

3 ‘‘(A) IN GENERAL.— 

4 ‘‘(i) RIGHT OF AMICUS.—If a court 

5 established under subsection (a) or (b) ap6 points an amicus curiae under paragraph 

7 (2), the amicus curiae— 

8 ‘‘(I) shall have access, to the ex9 tent such information is available to 

10 the Government, to— 

11 ‘‘(aa) the application, certifi12 cation, petition, motion, and 

13 other information and supporting 

14 materials, including any informa15 tion described in section 901, 

16 submitted to the court estab17 lished under subsection (a) in 

18 connection with the matter in 

19 which the amicus curiae has been 

20 appointed, including access to 

21 any relevant legal precedent (in22 cluding any such precedent that 

23 is cited by the Government, in24 cluding in such an application); 


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1 ‘‘(bb) an unredacted copy of 

2 each relevant decision made by 

3 the court established under sub4 section (a) or the court estab5 lished under subsection (b) in 

6 which the court decides a ques7 tion of law, without regard to 

8 whether the decision is classified; 

9 and 

10 ‘‘(cc) any other information 

11 or materials that the court deter12 mines are relevant to the duties 

13 of the amicus curiae; and 

14 ‘‘(II) may make a submission to 

15 the court requesting access to any 

16 other particular materials or informa17 tion (or category of materials or infor18 mation) that the amicus curiae be19 lieves to be relevant to the duties of 

20 the amicus curiae. 

21 ‘‘(ii) SUPPORTING DOCUMENTATION

22 REGARDING ACCURACY.—The court estab23 lished under subsection (a), upon the mo24 tion of an amicus curiae appointed under 

25 paragraph (2) or upon its own motion, 


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1 may require the Government to make 

2 available the supporting documentation de3 scribed in section 902.’’. 

4 (B) CLARIFICATION OF ACCESS TO CER5 TAIN INFORMATION.—Section 103(i)(6) of the 

6 Foreign Intelligence Surveillance Act of 1978 

7 (50 U.S.C. 1803(i)(6)) is amended— 

8 (i) in subparagraph (B), by striking 

9 ‘‘may’’ and inserting ‘‘shall’’; and 

10 (ii) by striking subparagraph (C) and 

11 inserting the following: 

12 ‘‘(C) CLASSIFIED INFORMATION.—An ami13 cus curiae designated or appointed by the court 

14 shall have access, to the extent such informa15 tion is available to the Government, to 

16 unredacted copies of each opinion, order, tran17 script, pleading, or other document of the court 

18 established under subsection (a) and the court 

19 established under subsection (b), including, if 

20 the individual is eligible for access to classified 

21 information, any classified documents, informa22 tion, and other materials or proceedings.’’. 

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1 ligence Surveillance Act of 1978 (50 U.S.C. 

2 1803(i)(6)) is amended— 

3 (i) by redesignating subparagraph (D) 

4 as subparagraph (E); and 

5 (ii) by inserting after subparagraph 

6 (C) the following: 

7 ‘‘(D) CONSULTATION AMONG AMICI CU8 RIAE.—An amicus curiae appointed under para9 graph (2) by the court established under sub10 section (a) or the court established under sub11 section (b) may consult with 1 or more of the 

12 other individuals designated by the court to 

13 serve as amicus curiae pursuant to paragraph 

14 (1) of this subsection regarding any of the in15 formation relevant to any assigned pro16 ceeding.’’. 

17 (4) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall take effect on the date of en19 actment of this Act and shall apply with respect to 

20 proceedings under the Foreign Intelligence Surveil21 lance Act of 1978 (50 U.S.C. 1801 et seq.) that take 

22 place on or after, or are pending on, that date. 


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1 SEC. 302. PUBLIC DISCLOSURE AND DECLASSIFICATION OF 

2 CERTAIN DOCUMENTS. 

3 (a) SUBMISSION TO CONGRESS.—Section 601(c)(1) 

4 of the Foreign Intelligence Surveillance Act of 1978 (50 

5 U.S.C. 1871(c)) is amended by inserting ‘‘, including de6 classified copies that have undergone review under section 

7 602’’ before ‘‘; and’’. 

8 (b) TIMELINE FOR DECLASSIFICATION REVIEW.— 

9 Section 602(a) of the Foreign Intelligence Surveillance 

10 Act of 1978 (50 U.S.C. 1872(a)) is amended— 

11 (1) by inserting ‘‘, to be concluded not later 

12 than 180 days after the issuance of such decision, 

13 order, or opinion,’’ after ‘‘(as defined in section 

14 601(e))’’; and 

15 (2) by inserting ‘‘or results in a change of ap16 plication of any provision of this Act or a novel ap17 plication of any provision of this Act’’ after ‘‘law’’. 

18 SEC. 303. SUBMISSION OF COURT TRANSCRIPTS TO CON19 GRESS. 

20 Section 601(c) of the Foreign Intelligence Surveil21 lance Act of 1978 (50 U.S.C. 1871(c)), as amended by 

22 section 302 of this Act, is amended— 

23 (1) in paragraph (1), by striking ‘‘; and’’ and 

24 inserting a semicolon; 

25 (2) in paragraph (2), by striking the period at 

26 the end and inserting ‘‘; and’’; and 


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

2 ‘‘(3) for any matter at which a court reporter 

3 is present and creates a transcript of a hearing or 

4 oral argument before the Foreign Intelligence Sur5 veillance Court or the Foreign Intelligence Surveil6 lance Court of Review, a copy of each such tran7 script not later than 45 days after the government’s 

8 receipt of the transcript or the date on which the 

9 matter concerning such hearing or oral argument is 

10 resolved, whichever is later.’’. 

11 SEC. 304. CONTEMPT POWER OF FISC AND FISCR. 

12 (a) IN GENERAL.—Chapter 21 of title 18, United 

13 States Code, is amended— 

14 (1) in section 402, by inserting after ‘‘any dis15 trict court of the United States’’ the following: ‘‘, 

16 the Foreign Intelligence Surveillance Court, the For17 eign Intelligence Surveillance Court of Review,’’; and 

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

19 ‘‘§ 404. Definitions 

20 ‘‘For purposes of this chapter— 

21 ‘‘(1) the term ‘court of the United States’ in22 cludes the Foreign Intelligence Surveillance Court or 

23 the Foreign Intelligence Surveillance Court of Re24 view; and 


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1 ‘‘(2) the terms ‘Foreign Intelligence Surveil2 lance Court’ and ‘Foreign Intelligence Surveillance 

3 Court of Review’ have the meanings given those 

4 terms in section 601(e) of the Foreign Intelligence 

5 Surveillance Act of 1978 (50 U.S.C. 1871(e)).’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 for chapter 21 of title 18, United States Code, is amended 

8 by adding at the end the following: 

‘‘404. Definitions.’’. 

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

10 of enactment of this Act, and annually thereafter, the For11 eign Intelligence Surveillance Court and the Foreign Intel12 ligence Surveillance Court of Review (as those terms are 

13 defined in section 601(e) of the Foreign Intelligence Sur14 veillance Act of 1978 (50 U.S.C. 1871(e))) shall jointly 

15 submit to Congress a report on the exercise of authority 

16 under chapter 21 of title 18, United States Code, by those 

17 courts during the 1-year period ending on the date that 

18 is 60 days before the date of submission of the report. 

19 TITLE IV—INDEPENDENT EXEC20 UTIVE BRANCH OVERSIGHT 

21 SEC. 401. PERIODIC AUDIT OF FISA COMPLIANCE BY IN22 SPECTOR GENERAL. 

23 (a) REPORT REQUIRED.—Title VI of the Foreign In24 telligence Surveillance Act of 1978 (50 U.S.C. 1871 et 


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1 seq.), as amended by section 204 of this Act, is amended 

2 by adding at the end the following: 

3 ‘‘SEC. 606. PERIODIC AUDIT OF FISA COMPLIANCE BY IN4 SPECTOR GENERAL. 

5 ‘‘Not later than June 30 of the first calendar year 

6 that begins after the date of enactment of this section, 

7 and every 5 years thereafter, the Inspector General of the 

8 Department of Justice shall— 

9 ‘‘(1) conduct an audit of alleged or potential 

10 violations and failures to comply with the require11 ments of this Act, and any procedures established 

12 pursuant to this Act, which shall include an analysis 

13 of the accuracy and completeness of applications and 

14 certifications for orders submitted under each of sec15 tions 105, 303, 402, 502, 702, 703, and 704; and 

16 ‘‘(2) submit to the Select Committee on Intel17 ligence of the Senate, the Committee on the Judici18 ary of the Senate, the Permanent Select Committee 

19 on Intelligence of the House of Representatives, and 

20 the Committee on the Judiciary of the House of 

21 Representatives a report on the audit required under 

22 paragraph (1).’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 for the Foreign Intelligence Surveillance Act of 1978, as 


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1 amended by section 204 of this Act, is amended by insert2 ing after the item relating to section 605 the following: 

‘‘Sec. 606. Periodic audit of FISA compliance by Inspector General.’’. 

3 SEC. 402. INTELLIGENCE COMMUNITY PARITY AND COMMU4 NICATIONS WITH PRIVACY AND CIVIL LIB5 ERTIES OVERSIGHT BOARD. 

6 (a) WHISTLEBLOWER PROTECTIONS FOR MEMBERS

7 OF INTELLIGENCE COMMUNITY FOR COMMUNICATIONS

8 WITH PRIVACY AND CIVIL LIBERTIES OVERSIGHT

9 BOARD.—Section 1104 of the National Security Act of 

10 1947 (50 U.S.C. 3234) is amended— 

11 (1) in subsection (b)(1), in the matter before 

12 subparagraph (A), by inserting ‘‘the Privacy and 

13 Civil Liberties Oversight Board,’’ after ‘‘Inspector 

14 General of the Intelligence Community,’’; and 

15 (2) in subsection (c)(1)(A), in the matter before 

16 clause (i), by inserting ‘‘the Privacy and Civil Lib17 erties Oversight Board,’’ after ‘‘Inspector General of 

18 the Intelligence Community,’’. 

19 (b) PARITY IN PAY FOR PRIVACY AND CIVIL LIB20 ERTIES OVERSIGHT BOARD STAFF AND THE INTEL21 LIGENCE COMMUNITY.—Section 1061(j)(1) of the Intel22 ligence Reform and Terrorism Prevention Act of 2004 (42 

23 U.S.C. 2000ee(j)(1)) is amended by striking ‘‘except that’’ 

24 and all that follows through the period at the end and 

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1 section may exceed the highest amount paid by any ele2 ment of the intelligence community for a comparable posi3 tion, based on salary information provided to the chairman 

4 of the Board by the Director of National Intelligence.’’. 

5 TITLE V—PROTECTIONS FOR 

6 UNITED STATES PERSONS 

7 WHOSE SENSITIVE INFORMA8 TION IS PURCHASED BY IN9 TELLIGENCE AND LAW EN10 FORCEMENT AGENCIES 

11 SEC. 501. LIMITATION ON INTELLIGENCE ACQUISITION OF 

12 UNITED STATES PERSON DATA. 

13 (a) DEFINITIONS.—In this section: 

14 (1) APPROPRIATE COMMITTEES OF CON15 GRESS.—The term ‘‘appropriate committees of Con16 gress’’ means— 

17 (A) the congressional intelligence commit18 tees (as defined in section 3 of the National Se19 curity Act of 1947 (50 U.S.C. 3003)); 

20 (B) the Committee on the Judiciary of the 

21 Senate; and 

22 (C) the Committee on the Judiciary of the 

23 House of Representatives. 


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1 (2) COVERED DATA.—The term ‘‘covered data’’ 

2 means data, derived data, or any unique identifier 

3 that— 

4 (A) is linked to or is reasonably linkable to 

5 a covered person; and 

6 (B) does not include data that— 

7 (i) is lawfully available to the public 

8 through Federal, State, or local govern9 ment records or through widely distributed 

10 media; 

11 (ii) is reasonably believed to have been 

12 voluntarily made available to the general 

13 public by the covered person; or 

14 (iii) is a specific communication or 

15 transaction with a targeted individual who 

16 is not a covered person. 

17 (3) COVERED PERSON.—The term ‘‘covered 

18 person’’ means an individual who— 

19 (A) is reasonably believed to be located in 

20 the United States at the time of the creation or 

21 acquisition of the covered data; or 

22 (B) is a United States person. 

23 (4) INTELLIGENCE COMMUNITY.—The term 

24 ‘‘intelligence community’’ has the meaning given 


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1 such term in section 3 of the National Security Act 

2 of 1947 (50 U.S.C. 3003). 

3 (5) STATE, UNITED STATES, UNITED STATES

4 PERSON.—The terms ‘‘State’’, ‘‘United States’’, and 

5 ‘‘United States person’’ have the meanings given 

6 such terms in section 101 of the Foreign Intelligence 

7 Surveillance Act of 1978 (50 U.S.C. 1801). 

8 (b) LIMITATION.— 

9 (1) IN GENERAL.—Subject to paragraphs (2) 

10 through (7), an element of the intelligence commu11 nity may not acquire a dataset that includes covered 

12 data. 

13 (2) AUTHORIZATION PURSUANT TO COURT

14 ORDER.—An element of the intelligence community 

15 may acquire covered data if the collection has been 

16 authorized by an order or emergency authorization 

17 issued pursuant to the Foreign Intelligence Surveil18 lance Act of 1978 (50 U.S.C. 1801 et seq.) or title 

19 18, United States Code, by a court of competent ju20 risdiction covering the period of the acquisition, sub21 ject to the use, dissemination, querying, retention, 

22 and other minimization limitations required by such 

23 authorization. 

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1 nity may acquire covered data about an employee of, 

2 or applicant for employment by, an element of the 

3 intelligence community for employment-related pur4 poses, provided that— 

5 (A) access to and use of the covered data 

6 is limited to such purposes; and 

7 (B) the covered data is destroyed at such 

8 time as it is no longer necessary for such pur9 poses. 

10 (4) EXCEPTION FOR COMPLIANCE PURPOSES.— 

11 An element of the intelligence community may ac12 quire covered data for the purpose of supporting 

13 compliance with collection limitations and minimiza14 tion requirements imposed by statute, guidelines, 

15 procedures, or the Constitution of the United States, 

16 provided that— 

17 (A) access to and use of the covered data 

18 is limited to such purpose; and 

19 (B) the covered data is destroyed at such 

20 time as it is no longer necessary for such pur21 pose. 

22 (5) EXCEPTION FOR LIFE OR SAFETY.—An ele23 ment of the intelligence community may acquire cov24 ered data if there is a reasonable belief than an 

25 emergency exists involving an imminent threat of 


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1 death or serious bodily harm and the covered data 

2 is necessary to mitigate that threat, provided that— 

3 (A) access to and use of the covered data 

4 is limited to addressing the threat; and 

5 (B) the covered data is destroyed at such 

6 time as it is no longer necessary for such pur7 pose. 

8 (6) EXCEPTION FOR CONSENT.—An element of 

9 the intelligence community may acquire covered data 

10 if— 

11 (A) each covered person linked or reason12 ably linkable to the covered data, or, if such 

13 person is incapable of providing consent, a third 

14 party legally authorized to consent on behalf of 

15 the person, has provided consent to the acquisi16 tion and use of the data on a case-by-case 

17 basis; 

18 (B) access to and use of the covered data 

19 is limited to the purposes for which the consent 

20 was provided; and 

21 (C) the covered data is destroyed at such 

22 time as it is no longer necessary for such pur23 poses. 

24 (7) EXCEPTION FOR NONSEGREGABLE DATA.— 

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1 quire a dataset that includes covered data if the cov2 ered data is not reasonably segregable prior to ac3 quisition, provided that the element of the intel4 ligence community complies with the minimization 

5 procedures in subsection (c). 

6 (c) MINIMIZATION PROCEDURES.— 

7 (1) IN GENERAL.—The Attorney General shall 

8 adopt specific procedures that are reasonably de9 signed to minimize the acquisition and retention, 

10 and to restrict the querying, of covered data that is 

11 not subject to 1 or more of the exceptions set forth 

12 in subsection (b). 

13 (2) ACQUISITION AND RETENTION.—The proce14 dures adopted under paragraph (1) shall require ele15 ments of the intelligence community to exhaust all 

16 reasonable means— 

17 (A) to exclude covered data not subject to 

18 1 or more exceptions set forth in subsection (b) 

19 from datasets prior to acquisition; and 

20 (B) to remove and delete covered data not 

21 subject to 1 or more exceptions set forth in sub22 section (b) prior to the operational use of the 

23 acquired dataset or the inclusion of the dataset 

24 in a database intended for operational use. 


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1 (3) DESTRUCTION.—The procedures adopted 

2 under paragraph (1) shall require that if an element 

3 of the intelligence community identifies covered data 

4 not subject to 1 or more exceptions set forth in 

5 paragraphs (2) through (6) of subsection (b), such 

6 covered data shall be promptly destroyed. 

7 (4) QUERYING.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraphs (B) and (C), no officer or em10 ployee of an element of the intelligence commu11 nity may conduct a query of covered data, in12 cluding covered data already subjected to mini13 mization, in an effort to find records of or 

14 about a particular covered person. 

15 (B) EXCEPTIONS.—Subparagraph (A) 

16 shall not apply to a query related to a par17 ticular covered person if— 

18 (i) such covered person is the subject 

19 of a court order or emergency authoriza20 tion issued under the Foreign Intelligence 

21 Surveillance Act of 1978 (50 U.S.C. 1801 

22 et seq.) or title 18, United States Code, 

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1 tion of the covered data, during the effec2 tive period of that order; 

3 (ii) the purpose of the query is to re4 trieve information about an employee of, or 

5 applicant for employment by, an element of 

6 the intelligence community, provided that 

7 any covered data accessed through such 

8 query is used only for such purpose; 

9 (iii) the query is conducted for the 

10 purpose of supporting compliance with col11 lection limitations and minimization re12 quirements imposed by statute, guidelines, 

13 procedures, or the Constitution of the 

14 United States, provided that any covered 

15 data accessed through such query is used 

16 only for such purpose; 

17 (iv) the officer or employee of an ele18 ment of the intelligence community car19 rying out the query has a reasonable belief 

20 that an emergency exists involving an im21 minent threat of death or serious bodily 

22 harm, and that in order to prevent or miti23 gate such threat, the query must be con24 ducted before a court order can, with due 

25 diligence, be obtained, provided that any 


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1 covered data accessed through such query 

2 is used only for such purpose; or 

3 (v) such covered person or, if such 

4 person is incapable of providing consent, a 

5 third party legally authorized to consent on 

6 behalf of the person has consented to the 

7 query, provided that any use of covered 

8 data accessed through such query is lim9 ited to the purposes for which the consent 

10 was provided. 

11 (C) SPECIAL RULE FOR NONSEGREGABLE

12 DATASETS.—For a query of a dataset acquired 

13 under subsection (b)(7)— 

14 (i) each query shall be reasonably de15 signed to exclude personal data of covered 

16 persons, unless the query is subject to an 

17 exception set forth in paragraph (4); and 

18 (ii) any personal data of covered per19 sons returned pursuant to a query that is 

20 not subject to an exception set forth in 

21 paragraphs (2) through (7) of subsection 

22 (b) shall not be reviewed and shall imme23 diately be destroyed. 

24 (d) PROHIBITION ON USE OF DATA OBTAINED IN

25 VIOLATION OF THIS SECTION.—Covered data acquired by 


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1 an element of the intelligence community in violation of 

2 subsection (b), and any evidence derived therefrom, may 

3 not be used, received in evidence, or otherwise dissemi4 nated in any investigation by or in any trial, hearing, or 

5 other proceeding in or before any court, grand jury, de6 partment, office, agency, regulatory body, legislative com7 mittee, or other authority of the United States, a State, 

8 or political subdivision thereof. 

9 (e) REPORTING REQUIREMENT.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, the Di12 rector of National Intelligence shall submit to the 

13 appropriate committees of Congress and the Privacy 

14 and Civil Liberties Oversight Board a report on the 

15 acquisition of datasets that the Director anticipates 

16 will contain information of covered persons that is 

17 significant in volume, proportion, or sensitivity. 

18 (2) CONTENTS.—The report submitted pursu19 ant to paragraph (1) shall include the following: 

20 (A) A description of the covered person in21 formation in each dataset. 

22 (B) An estimate of the amount of covered 

23 person information in each dataset. 

24 (3) NOTIFICATIONS.—After submitting the re25 port required by paragraph (1), the Director shall, 


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1 in coordination with the Under Secretary of Defense 

2 for Intelligence and Security, notify the appropriate 

3 committees of Congress of any changes to the infor4 mation contained in such report. 

5 (4) AVAILABILITY TO THE PUBLIC.—The Direc6 tor shall make available to the public on the website 

7 of the Director— 

8 (A) the unclassified portion of the report 

9 submitted pursuant to paragraph (1); and 

10 (B) any notifications submitted pursuant 

11 to paragraph (3). 

12 (f) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall authorize an acquisition otherwise prohibited by 

14 the Foreign Intelligence Surveillance Act of 1978 (50 

15 U.S.C. 1801 et seq.) or title 18, United States Code. 

16 SEC. 502. LIMITATION ON LAW ENFORCEMENT PURCHASE 

17 OF PERSONAL DATA FROM DATA BROKERS. 

18 Section 2702 of title 18, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(e) PROHIBITION ON OBTAINING IN EXCHANGE FOR

21 ANYTHING OF VALUE PERSONAL DATA BY LAW EN22 FORCEMENT AGENCIES.— 

23 ‘‘(1) DEFINITIONS.—In this subsection and 

24 subsection (f)— 


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1 ‘‘(A) the term ‘covered governmental enti2 ty’ means a law enforcement agency of a gov3 ernmental entity; 

4 ‘‘(B) the term ‘covered organization’ 

5 means a person who— 

6 ‘‘(i) is not a governmental entity; and 

7 ‘‘(ii) is not an individual; 

8 ‘‘(C) the term ‘covered person’ means an 

9 individual who— 

10 ‘‘(i) is reasonably believed to be lo11 cated inside the United States at the time 

12 of the creation of the covered personal 

13 data; or 

14 ‘‘(ii) is a United States person, as de15 fined in section 101 of the Foreign Intel16 ligence Surveillance Act of 1978 (50 

17 U.S.C. 1801); 

18 ‘‘(D) the term ‘covered personal data’ 

19 means personal data relating to a covered per20 son; 

21 ‘‘(E) the term ‘electronic device’ has the 

22 meaning given the term ‘computer’ in section 

23 1030(e); 

24 ‘‘(F) the term ‘lawfully obtained public 

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1 ticular covered organization that the covered or2 ganization— 

3 ‘‘(i) reasonably understood to have 

4 been voluntarily made available to the gen5 eral public by the covered person; and 

6 ‘‘(ii) obtained in compliance with all 

7 applicable laws, regulations, contracts, pri8 vacy policies, and terms of service; 

9 ‘‘(G) the term ‘obtain in exchange for any10 thing of value’ means to obtain by purchasing, 

11 to receive in connection with services being pro12 vided for monetary or nonmonetary consider13 ation, or to otherwise obtain in exchange for 

14 consideration, including an access fee, service 

15 fee, maintenance fee, or licensing fee; and 

16 ‘‘(H) the term ‘personal data’— 

17 ‘‘(i) means data, derived data, or any 

18 unique identifier that is linked to, or is 

19 reasonably linkable to, an individual or to 

20 an electronic device that is linked to, or is 

21 reasonably linkable to, 1 or more individ22 uals in a household; 

23 ‘‘(ii) includes anonymized data that, if 

24 combined with other data, can be linked to, 

25 or is reasonably linkable to, an individual 


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1 or to an electronic device that identifies, is 

2 linked to, or is reasonably linkable to 1 or 

3 more individuals in a household; and 

4 ‘‘(iii) does not include— 

5 ‘‘(I) data that is lawfully avail6 able through Federal, State, or local 

7 government records or through widely 

8 distributed media; or 

9 ‘‘(II) a specific communication or 

10 transaction with a targeted individual 

11 who is not a covered person. 

12 ‘‘(2) LIMITATION.— 

13 ‘‘(A) IN GENERAL.— 

14 ‘‘(i) PROHIBITION.—Subject to 

15 clauses (ii) through (x), a covered govern16 mental entity may not obtain in exchange 

17 for anything of value covered personal data 

18 if— 

19 ‘‘(I) the covered personal data is 

20 directly or indirectly obtained from a 

21 covered organization; or 

22 ‘‘(II) the covered personal data is 

23 derived from covered personal data 

24 that was directly or indirectly ob25 tained from a covered organization. 


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1 ‘‘(ii) EXCEPTION FOR CERTAIN COM2 PILATIONS OF DATA.—A covered govern3 mental entity may obtain in exchange for 

4 something of value covered personal data 

5 as part of a larger compilation of data 

6 which includes personal data about persons 

7 who are not covered persons, if— 

8 ‘‘(I) the covered governmental 

9 entity is unable through reasonable 

10 means to exclude covered personal 

11 data from the larger compilation ob12 tained; and 

13 ‘‘(II) the covered governmental 

14 entity minimizes any covered personal 

15 data from the larger compilation, in 

16 accordance with subsection (f). 

17 ‘‘(iii) EXCEPTION FOR WHISTLE18 BLOWER DISCLOSURES TO LAW ENFORCE19 MENT.—Clause (i) shall not apply to cov20 ered personal data that is obtained by a 

21 covered governmental entity under a pro22 gram established by an Act of Congress 

23 under which a portion of a penalty or a 

24 similar payment or bounty is paid to an in25 dividual who discloses information about 


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1 an unlawful activity to the Government, 

2 such as the program authorized under sec3 tion 7623 of the Internal Revenue Code of 

4 1986 (relating to awards to whistleblowers 

5 in cases of underpayments or fraud). 

6 ‘‘(iv) EXCEPTION FOR COST REIM7 BURSEMENT UNDER COMPULSORY LEGAL

8 PROCESS.—Clause (i) shall not apply to 

9 covered personal data that is obtained by 

10 a covered governmental entity from a cov11 ered organization in accordance with com12 pulsory legal process that— 

13 ‘‘(I) is established by a Federal 

14 or State statute; and 

15 ‘‘(II) provides for the reimburse16 ment of costs of the covered organiza17 tion that are incurred in connection 

18 with providing the record or informa19 tion to the covered governmental enti20 ty, such as the reimbursement of costs 

21 under section 2706. 

22 ‘‘(v) EXCEPTION FOR EMPLOYMENT23 RELATED USE.—Clause (i) shall not apply 

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1 ployee of, or applicant for employment by, 

2 a covered governmental entity that is— 

3 ‘‘(I) obtained by the covered gov4 ernmental entity for employment-re5 lated purposes; 

6 ‘‘(II) accessed and used by the 

7 covered governmental entity only for 

8 employment-related purposes; and 

9 ‘‘(III) destroyed at such time as 

10 the covered personal data is no longer 

11 needed for employment-related pur12 poses. 

13 ‘‘(vi) EXCEPTION FOR USE IN BACK14 GROUND CHECKS.—Clause (i) shall not 

15 apply to covered personal data about a cov16 ered person that is— 

17 ‘‘(I) obtained by a covered gov18 ernmental entity for purposes of con19 ducting a background check of the 

20 covered person with the written con21 sent of the covered person; 

22 ‘‘(II) accessed and used by the 

23 covered governmental entity only for 

24 background check-related purposes; 

25 and 


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1 ‘‘(III) destroyed at such time as 

2 the covered personal data is no longer 

3 needed for background check-related 

4 purposes. 

5 ‘‘(vii) EXCEPTION FOR LAWFULLY OB6 TAINED PUBLIC DATA.—Clause (i) shall 

7 not apply to covered personal data that is 

8 obtained by a covered governmental entity 

9 if— 

10 ‘‘(I) the covered personal data is 

11 lawfully obtained public data; or 

12 ‘‘(II) the covered personal data is 

13 derived from covered personal data 

14 that solely consists of lawfully ob15 tained public data. 

16 ‘‘(viii) EXCEPTION FOR LIFE OR

17 SAFETY.—Clause (i) shall not apply to cov18 ered personal data that is obtained by a 

19 covered governmental entity if there is a 

20 reasonable belief than an emergency exists 

21 involving an imminent threat of death or 

22 serious bodily harm to a covered person 

23 and the covered data is necessary to miti24 gate that threat, provided that— 


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1 ‘‘(I) access to and use of the cov2 ered personal data is limited to ad3 dressing the threat; and 

4 ‘‘(II) the covered personal data is 

5 destroyed at such time as it is no 

6 longer necessary for such purpose. 

7 ‘‘(ix) EXCEPTION FOR COMPLIANCE

8 PURPOSES.—Clause (i) shall not apply to 

9 covered personal data that is obtained by 

10 a covered governmental entity for the pur11 pose of supporting compliance with collec12 tion limitations and minimization require13 ments imposed by statute, guidelines, pro14 cedures, or the Constitution of the United 

15 States, provided that— 

16 ‘‘(I) access to and use of the cov17 ered personal data is limited to such 

18 purpose; and 

19 ‘‘(II) the covered personal data is 

20 destroyed at such time as it is no 

21 longer necessary for such purpose. 

22 ‘‘(x) EXCEPTION FOR CONSENT.— 

23 Clause (i) shall not apply to covered per24 sonal data that is obtained by a covered 

25 governmental entity if— 


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1 ‘‘(I) each covered person linked 

2 or reasonably linkable to the covered 

3 personal data, or, if such covered per4 son is incapable of providing consent, 

5 a third party legally authorized to 

6 consent on behalf of the covered per7 son, has provided consent to the ac8 quisition and use of the data on a 

9 case-by-case basis; 

10 ‘‘(II) access to and use of the 

11 covered personal data is limited to the 

12 purposes for which the consent was 

13 provided; and 

14 ‘‘(III) the covered personal data 

15 is destroyed at such time as it is no 

16 longer necessary for such purposes. 

17 ‘‘(B) INDIRECTLY ACQUIRED RECORDS

18 AND INFORMATION.—The limitation under sub19 paragraph (A) shall apply without regard to 

20 whether the covered organization possessing the 

21 covered personal data is the covered organiza22 tion that initially obtained or collected, or is the 

23 covered organization that initially received the 

24 disclosure of, the covered personal data. 


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1 ‘‘(3) LIMIT ON SHARING BETWEEN AGEN2 CIES.—An agency of a governmental entity that is 

3 not a covered governmental entity may not provide 

4 to a covered governmental entity covered personal 

5 data that was obtained in a manner that would vio6 late paragraph (2) if the agency of a governmental 

7 entity were a covered governmental entity, unless the 

8 covered governmental entity would have been per9 mitted to obtain the covered personal data under an 

10 exception set forth in paragraph (2)(A). 

11 ‘‘(4) PROHIBITION ON USE OF DATA OBTAINED

12 IN VIOLATION OF THIS SECTION.— 

13 ‘‘(A) IN GENERAL.—Covered personal data 

14 obtained by or provided to a covered govern15 mental entity in violation of paragraph (2) or 

16 (3), and any evidence derived therefrom, may 

17 not be used, received in evidence, or otherwise 

18 disseminated by, on behalf of, or upon a motion 

19 or other action by a covered governmental enti20 ty in any investigation by or in any trial, hear21 ing, or other proceeding in or before any court, 

22 grand jury, department, officer, agency, regu23 latory body, legislative committee, or other au24 thority of the United States, a State, or a polit25 ical subdivision thereof. 


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1 ‘‘(B) USE BY AGGRIEVED PARTIES.—Noth2 ing in subparagraph (A) shall be construed to 

3 limit the use of covered personal data by a cov4 ered person aggrieved of a violation of para5 graph (2) or (3) in connection with any action 

6 relating to such a violation. 

7 ‘‘(f) MINIMIZATION PROCEDURES.— 

8 ‘‘(1) IN GENERAL.—The Attorney General shall 

9 adopt specific procedures that are reasonably de10 signed to minimize the acquisition and retention, 

11 and to restrict the querying, of covered personal 

12 data, and prohibit the dissemination of information 

13 derived from covered personal data. 

14 ‘‘(2) ACQUISITION AND RETENTION.—The pro15 cedures adopted under paragraph (1) shall require 

16 covered governmental entities to exhaust all reason17 able means— 

18 ‘‘(A) to exclude covered personal data that 

19 is not subject to 1 or more of the exceptions set 

20 forth in clauses (iii) through (x) of subsection 

21 (e)(2)(A) from the data obtained; and 

22 ‘‘(B) to remove and delete covered personal 

23 data described in subparagraph (A) not subject 

24 to 1 or more exceptions set forth in clauses (iii) 

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1 pilation is obtained and before operational use 

2 of the compilation or inclusion of the compila3 tion in a dataset intended for operational use. 

4 ‘‘(3) DESTRUCTION.—The procedures adopted 

5 under paragraph (1) shall require that, if a covered 

6 governmental entity identifies covered personal data 

7 in a compilation described in clause (ii) of subsection 

8 (e)(2)(A) not subject to 1 or more exceptions set 

9 forth in clauses (iii) through (x) of such subsection, 

10 the covered governmental entity shall promptly de11 stroy the covered personal data and any dissemina12 tion of information derived from the covered per13 sonal data shall be prohibited. 

14 ‘‘(4) QUERYING.— 

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

16 subparagraphs (B) and (C), no officer or em17 ployee of a covered governmental entity may 

18 conduct a query of personal data, including per19 sonal data already subjected to minimization, in 

20 an effort to find records of or about a par21 ticular covered person. 

22 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

23 shall not apply to a query related to a par24 ticular covered person if— 


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1 ‘‘(i) such covered person is the subject 

2 of a court order or emergency authoriza3 tion issued under this title that would au4 thorize the covered governmental entity to 

5 compel the production of the covered per6 sonal data, during the effective period of 

7 that order; 

8 ‘‘(ii) the purpose of the query is to re9 trieve information obtained by a covered 

10 governmental entity under a program es11 tablished by an Act of Congress under 

12 which a portion of a penalty or a similar 

13 payment or bounty is paid to an individual 

14 who discloses information about an unlaw15 ful activity to the Government, such as the 

16 program authorized under section 7623 of 

17 the Internal Revenue Code of 1986 (relat18 ing to awards to whistleblowers in cases of 

19 underpayments or fraud), provided that 

20 any covered personal data accessed 

21 through such query is used only for such 

22 purpose; 

23 ‘‘(iii) the purpose of the query is to 

24 retrieve information about an employee of, 

25 or applicant for employment by, a covered 


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1 governmental entity that has been obtained 

2 by the covered governmental entity for em3 ployment-related purposes, provided that 

4 any covered personal data accessed 

5 through such query is used only for such 

6 purposes; 

7 ‘‘(iv) the purpose of the query is to re8 trieve information obtained by a covered 

9 governmental entity for purposes of con10 ducting a background check of the covered 

11 person with the written consent of the cov12 ered person, provided that any covered per13 sonal data accessed through such query is 

14 used only for such purposes; 

15 ‘‘(v) the purpose of the query is to re16 trieve, and the query is reasonably de17 signed to retrieve, only lawfully obtained 

18 public data, and only lawfully obtained 

19 public data is accessed and used as a re20 sult of the query; 

21 ‘‘(vi) the officer or employee of a cov22 ered governmental entity carrying out the 

23 query has a reasonable belief that an emer24 gency exists involving an imminent threat 

25 of death or serious bodily harm, and in 


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1 order to prevent or mitigate that threat, 

2 the query must be conducted before a 

3 court order can, with due diligence, be ob4 tained, provided that any covered personal 

5 data accessed through such query is used 

6 only for such purpose; 

7 ‘‘(vii) the query is conducted for the 

8 purpose of supporting compliance with col9 lection limitations and minimization re10 quirements imposed by statute, guidelines, 

11 procedures, or the Constitution of the 

12 United States, provided that any covered 

13 personal data accessed through such query 

14 is used only for such purpose; or 

15 ‘‘(viii) such covered person or, if such 

16 covered person is incapable of providing 

17 consent, a third party legally authorized to 

18 consent on behalf of the covered person 

19 has consented to the query, provided that 

20 any use of covered personal data accessed 

21 through such query is limited to the pur22 poses for which the consent was provided. 

23 ‘‘(C) SPECIAL RULE FOR COMPILATIONS

24 OF DATA.—For a query of a compilation of 

25 data obtained under subsection (e)(2)(A)(ii)— 


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1 ‘‘(i) each query shall be reasonably de2 signed to exclude personal data of covered 

3 persons, unless the query is subject to an 

4 exception set forth in subparagraph (B); 

5 and 

6 ‘‘(ii) any personal data of covered per7 sons returned pursuant to a query that is 

8 not subject to an exception set forth in 

9 clauses (ii) through (iii) of subsection 

10 (e)(2)(A) shall not be reviewed and shall 

11 immediately be destroyed.’’. 

12 SEC. 503. CONSISTENT PROTECTIONS FOR DEMANDS FOR 

13 DATA HELD BY INTERACTIVE COMPUTING 

14 SERVICES. 

15 (a) DEFINITION.—Section 2711 of title 18, United 

16 States Code, is amended— 

17 (1) in paragraph (3)(C), by striking ‘‘and’’ at 

18 the end; 

19 (2) in paragraph (4), by striking the period at 

20 the end and inserting a semicolon; and 

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

22 ‘‘(5) the term ‘online service provider’ means a 

23 provider of electronic communication service, a pro24 vider of remote computing service, any information 

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1 vides or enables computer access by multiple users 

2 to a computer server, including specifically a service 

3 or system that provides access to the Internet and 

4 such systems operated or services offered by libraries 

5 or educational institutions; and’’. 

6 (b) REQUIRED DISCLOSURE.—Section 2703 of title 

7 18, United States Code, is amended— 

8 (1) in subsection (a), in the first sentence, by 

9 striking ‘‘a provider of electronic communication 

10 service’’ and inserting ‘‘an online service provider’’; 

11 (2) in subsection (c)— 

12 (A) in paragraph (1), in the matter pre13 ceding subparagraph (A), by striking ‘‘a pro14 vider of electronic communication service or re15 mote computing service’’ and inserting ‘‘an on16 line service provider’’; and 

17 (B) in paragraph (2), in the matter pre18 ceding subparagraph (A), by striking ‘‘A pro19 vider of electronic communication service or re20 mote computing service’’ and inserting ‘‘An on21 line service provider’’; and 

22 (3) in subsection (g), by striking ‘‘a provider of 

23 electronic communications service or remote com24 puting service’’ and inserting ‘‘an online service pro25 vider’’. 


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1 (c) LIMITATION ON VOLUNTARY DISCLOSURE.—Sec2 tion 2702(a) of title 18, United States Code, is amended— 

3 (1) in paragraph (1), by striking ‘‘a person or 

4 entity providing an electronic communication service 

5 to the public’’ and inserting ‘‘an online service pro6 vider’’; 

7 (2) in paragraph (2), by striking ‘‘a person or 

8 entity providing remote computing service to the 

9 public’’ and inserting ‘‘an online service provider’’; 

10 and 

11 (3) in paragraph (3), by striking ‘‘a provider of 

12 remote computing service or electronic communica13 tion service to the public’’ and inserting ‘‘an online 

14 service provider’’. 

15 SEC. 504. CONSISTENT PRIVACY PROTECTIONS FOR DATA 

16 HELD BY DATA BROKERS. 

17 Section 2703 of title 18, United States Code is 

18 amended by adding at the end the following: 

19 ‘‘(i) COVERED PERSONAL DATA.— 

20 ‘‘(1) DEFINITIONS.—In this subsection, the 

21 terms ‘covered personal data’ and ‘covered organiza22 tion’ have the meanings given such terms in section 

23 2702(e). 

24 ‘‘(2) LIMITATION.—Unless a governmental enti25 ty obtains an order in accordance with paragraph 


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1 (3), the governmental entity may not require a cov2 ered organization that is not an online service pro3 vider to disclose covered personal data if a court 

4 order would be required for the governmental entity 

5 to require an online service provider to disclose such 

6 covered personal data that is a record of a customer 

7 or subscriber of the online service provider. 

8 ‘‘(3) ORDERS.— 

9 ‘‘(A) IN GENERAL.—A court may only 

10 issue an order requiring a covered organization 

11 that is not an online service provider to disclose 

12 covered personal data on the same basis and 

13 subject to the same limitations as would apply 

14 to a court order to require disclosure by an on15 line service provider. 

16 ‘‘(B) STANDARD.—For purposes of sub17 paragraph (A), a court shall apply the most 

18 stringent standard under Federal statute or the 

19 Constitution of the United States that would be 

20 applicable to a request for a court order to re21 quire a comparable disclosure by an online serv22 ice provider of a customer or subscriber of the 

23 online service provider.’’. 


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1 SEC. 505. PROTECTION OF DATA ENTRUSTED TO INTER2 MEDIARY OR ANCILLARY SERVICE PRO3 VIDERS. 

4 (a) DEFINITION.—Section 2711 of title 18, United 

5 States Code, as amended by section 503 of this Act, is 

6 amended by adding at the end the following: 

7 ‘‘(6) the term ‘intermediary or ancillary service 

8 provider’ means an entity or facilities owner or oper9 ator that directly or indirectly delivers, transmits, 

10 stores, or processes communications or any other 

11 covered personal data (as defined in section 2702(e) 

12 of this title) for, or on behalf of, an online service 

13 provider.’’. 

14 (b) PROHIBITION.—Section 2702(a) of title 18, 

15 United States Code, is amended— 

16 (1) in paragraph (1), by striking ‘‘and’’ at the 

17 end; 

18 (2) in paragraph (2)(B), by striking ‘‘and’’ at 

19 the end; 

20 (3) in paragraph (3), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

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

23 ‘‘(4) an intermediary or ancillary service pro24 vider may not knowingly disclose— 

25 ‘‘(A) to any person or entity the contents 

26 of a communication while in electronic storage 


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1 by that intermediary or ancillary service pro2 vider; or 

3 ‘‘(B) to any governmental entity a record 

4 or other information pertaining to a subscriber 

5 to or customer of, a recipient of a communica6 tion from a subscriber to or customer of, or the 

7 sender of a communication to a subscriber to or 

8 customer of, the online service provider for, or 

9 on behalf of, which the intermediary or ancil10 lary service provider directly or indirectly deliv11 ers, transmits, stores, or processes communica12 tions or any other covered personal data (as de13 fined in subsection (e)).’’. 

14 TITLE VI—TRANSPARENCY 

15 SEC. 601. ENHANCED REPORTS BY DIRECTOR OF NATIONAL 

16 INTELLIGENCE. 

17 (a) IN GENERAL.—Section 603(b) of the Foreign In18 telligence Surveillance Act of 1978 (50 U.S.C. 1873(b)) 

19 is amended— 

20 (1) in paragraph (2)(C), by striking the semi21 colon and inserting ‘‘; and’’; 

22 (2) by redesignating paragraphs (3) through 

23 (7) as paragraphs (6) through (10), respectively; 

24 (3) by inserting after paragraph (2) the fol25 lowing: 


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1 ‘‘(3) a description of the subject matter of each 

2 of the certifications provided under section 702(h); 

3 ‘‘(4) statistics revealing the number of persons 

4 targeted and the number of selectors used under sec5 tion 702(a), disaggregated by the certification under 

6 which the person was targeted; 

7 ‘‘(5) the total number of directives issued pur8 suant to section 702(i)(1), disaggregated by each 

9 type of electronic communication service provider de10 scribed in section 701(b)(4);’’; 

11 (4) in paragraph (9), as so redesignated, by 

12 striking ‘‘and’’ at the end; 

13 (5) in paragraph (10), as so redesignated, by 

14 striking the period at the end and inserting a semi15 colon; and 

16 (6) by adding at the end the following: 

17 ‘‘(11)(A) the total number of disseminated in18 telligence reports derived from collection pursuant to 

19 section 702 containing the identities of United 

20 States persons, regardless of whether the identities 

21 of the United States persons were openly included or 

22 masked; 

23 ‘‘(B) the total number of disseminated intel24 ligence reports derived from collection not authorized 

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1 proved by the Attorney General containing the iden2 tities of United States persons, regardless of wheth3 er the identities of the United States persons were 

4 openly included or masked; 

5 ‘‘(C) the total number of disseminated intel6 ligence reports derived from collection pursuant to 

7 section 702 containing the identities of United 

8 States persons in which the identities of the United 

9 States persons were masked; 

10 ‘‘(D) the total number of disseminated intel11 ligence reports derived from collection not authorized 

12 by this Act and conducted under procedures ap13 proved by the Attorney General containing the iden14 tities of United States persons in which the identi15 ties of the United States persons were masked; 

16 ‘‘(E) the total number of disseminated intel17 ligence reports derived from collection pursuant to 

18 section 702 containing the identities of United 

19 States persons in which the identities of the United 

20 States persons were openly included; and 

21 ‘‘(F) the total number of disseminated intel22 ligence reports derived from collection not authorized 

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1 ties of the United States persons were openly in2 cluded; 

3 ‘‘(12) the number of queries conducted in an ef4 fort to find communications or information of or 

5 about 1 or more United States persons or persons 

6 reasonably believed to be located in the United 

7 States at the time of the query or the time of the 

8 communication or creation of the information, where 

9 such communications or information were obtained 

10 under procedures approved by the Attorney General 

11 and without a court order, subpoena, or other legal 

12 process established by statute; 

13 ‘‘(13) the number of criminal proceedings in 

14 which the Federal Government or a government of 

15 a State or political subdivision thereof entered into 

16 evidence or otherwise used or disclosed in a criminal 

17 proceeding any information obtained or derived from 

18 an acquisition conducted under procedures approved 

19 by the Attorney General and without a court order, 

20 subpoena, or other legal process established by stat21 ute; and 

22 ‘‘(14) a good faith estimate of what percentage 

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1 ligence Authorization Act for Fiscal Year 2015 (50 

2 U.S.C. 1813(b)(3))— 

3 ‘‘(A) are retained for more than 5 years; 

4 and 

5 ‘‘(B) are retained for more than 5 years 

6 because, in whole or in part, the communica7 tions are encrypted.’’. 

8 (b) REPEAL OF NONAPPLICABILITY TO FEDERAL

9 BUREAU OF INVESTIGATION OF CERTAIN REQUIRE10 MENTS.—Section 603(d) of the Foreign Intelligence Sur11 veillance Act of 1978 (50 U.S.C. 1873(d)) is amended— 

12 (1) by striking paragraph (2); and 

13 (2) by redesignating paragraph (3) as para14 graph (2). 

15 (c) CONFORMING AMENDMENT.—Section 603(d)(1) 

16 of the Foreign Intelligence Surveillance Act of 1978 (50 

17 U.S.C. 1873(d)(1)) is amended by striking ‘‘paragraphs 

18 (3), (5), or (6)’’ and inserting ‘‘paragraph (6), (8), or 

19 (9)’’. 

20 TITLE VII—LIMITED DELAYS IN 

21 IMPLEMENTATION 

22 SEC. 701. LIMITED DELAYS IN IMPLEMENTATION. 

23 (a) DEFINITION.—In this section, the term ‘‘appro24 priate committees of Congress’’ means— 


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98 

•S 3961 IS

1 (1) the congressional intelligence committees 

2 (as defined in section 3 of the National Security Act 

3 of 1947 (50 U.S.C. 3003)); 

4 (2) the Committee on the Judiciary of the Sen5 ate; and 

6 (3) the Committee on the Judiciary of the 

7 House of Representatives. 

8 (b) AUTHORITY.—The Attorney General may, in co9 ordination with the Director of National Intelligence as 

10 may be appropriate, delay implementation of a provision 

11 of this Act or an amendment made by this Act for a period 

12 of not more than 1 year upon a showing to the appropriate 

13 committees of Congress that the delay is necessary— 

14 (1) to develop and implement technical systems 

15 needed to comply with the provision or amendment; 

16 or 

17 (2) to hire or train personnel needed to comply 

18 with the provision or amendment. 

Æ 


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