II 

118TH CONGRESS 

1ST SESSION S. 3234 

To implement reforms relating to foreign intelligence surveillance authorities, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 7, 2023 

Mr. WYDEN (for himself, Mr. LEE, Ms. BALDWIN, Ms. LUMMIS, Ms. HIRONO, 

Mr. DAINES, Mr. TESTER, Ms. WARREN, and Mr. MARKEY) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To implement reforms relating to foreign intelligence 

surveillance authorities, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Government Surveillance Reform Act of 2023’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definitions. 

TITLE I—PROTECTIONS FOR UNITED STATES PERSONS WHOSE 

COMMUNICATIONS ARE COLLECTED UNDER SECTION 702 OF 

THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 

Sec. 101. Prohibition on warrantless queries for the communications of United 

States persons and persons located in the United States. 

Sec. 102. Limitation on use of information obtained under section 702 of the 

Foreign Intelligence Surveillance Act of 1978 relating to 

United States persons and persons located in the United States 

in criminal, civil, and administrative actions. 

Sec. 103. Repeal of authority for the resumption of abouts collection. 

Sec. 104. Prohibition on reverse targeting of United States persons and persons 

located in the United States. 

Sec. 105. Data retention limits for information collected under section 702 of 

the Foreign Intelligence Surveillance Act of 1978. 

Sec. 106. Foreign Intelligence Surveillance Court supervision of demands for 

technical assistance from electronic communication service providers under section 702 of the Foreign Intelligence Surveillance Act of 1978. 

Sec. 107. Prohibition on warrantless acquisition of domestic communications 

pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978. 

Sec. 108. Requirement of a foreign intelligence purpose. 

Sec. 109. Four-year extension of section 702 of the Foreign Intelligence Surveillance Act of 1978. 

TITLE II—ADDITIONAL REFORMS RELATING TO ACTIVITIES 

UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 

1978 

Sec. 201. Court supervision of collection targeting United States persons and 

persons located inside the United States. 

Sec. 202. Required disclosure of relevant information in Foreign Intelligence 

Surveillance Act of 1978 applications. 

Sec. 203. Certification regarding accuracy procedures. 

Sec. 204. Clarification regarding treatment of information and evidence acquired under the Foreign Intelligence Surveillance Act of 1978. 

Sec. 205. Sunset on grandfather clause of Section 215 of the USA PATRIOT 

Act. 

Sec. 206. Written record of Department of Justice interactions with Foreign 

Intelligence Surveillance court; protection against judge shopping by DOJ. 

Sec. 207. Appointment of amici curiae and access to information. 

Sec. 208. Declassification of significant decisions, orders, and opinions. 

Sec. 209. Clarification of Foreign Intelligence Surveillance Court jurisdiction 

over records of the court and other ancillary matters. 

Sec. 210. Grounds for determining injury in fact in civil actions relating to surveillance under the Foreign Intelligence Surveillance Act of 

1978 or pursuant to executive authority. 

Sec. 211. Accountability procedures for violations by Federal employees. 

TITLE III—REFORMS RELATED TO SURVEILLANCE CONDUCTED 

UNDER EXECUTIVE ORDER 12333 


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Sec. 301. Definitions. 

Sec. 302. Prohibition on warrantless queries for the communications of United 

States persons and persons located in the United States. 

Sec. 303. Prohibition on reverse targeting of United States persons and persons 

located in the United States. 

Sec. 304. Prohibition on intelligence acquisition of United States person data. 

Sec. 305. Prohibition on the warrantless acquisition of domestic communications. 

Sec. 306. Data retention limits. 

Sec. 307. Reports on violations of law or Executive order. 

TITLE IV—INDEPENDENT OVERSIGHT 

Sec. 401. Inspector General oversight of orders under the Foreign Intelligence 

Surveillance Act of 1978. 

Sec. 402. Department of Justice inspector general review of high intensity drug 

trafficking area surveillance programs. 

Sec. 403. Intelligence community parity and communications with Privacy and 

Civil Liberties Oversight Board. 

Sec. 404. Congressional oversight of grants of immunity by the Attorney General for warrantless surveillance assistance. 

TITLE V—REFORMS TO THE ELECTRONIC COMMUNICATIONS 

PRIVACY ACT OF 1986 

Sec. 501. Warrant protections for location information, web browsing records, 

and search query records. 

Sec. 502. Consistent protections for phone and app-based call and texting 

records. 

Sec. 503. Email Privacy Act. 

Sec. 504. Consistent protections for demands for data held by interactive computing services. 

Sec. 505. Consistent protections for real-time and historical metadata. 

Sec. 506. Subpoenas for certain subscriber information. 

Sec. 507. Minimization standards for voluntary disclosure of customer communications or records. 

Sec. 508. Prohibition on law enforcement purchase of personal data from data 

brokers. 

Sec. 509. Consistent privacy protections for data held by data brokers. 

Sec. 510. Protection of data entrusted to intermediary or ancillary service providers. 

Sec. 511. Modernizing criminal surveillance reports. 

TITLE VI—REGULATION OF GOVERNMENT SURVEILLANCE USING 

CELL SITE SIMULATORS, GENERAL PROHIBITION ON PRIVATE, 

NON-RESEARCH USE 

Sec. 601. Cell site simulators. 

TITLE VII—PROTECTION OF CAR DATA FROM WARRANTLESS 

SEARCHES 

Sec. 701. Protection of car data from warrantless searches. 

TITLE VIII—INTELLIGENCE TRANSPARENCY 


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Sec. 801. Enhanced annual reports by Director of the Administrative Office of 

the United States Courts. 

Sec. 802. Enhanced annual reports by Director of National Intelligence. 

Sec. 803. Annual reporting on accuracy and completeness of applications. 

Sec. 804. Allowing more granular aggregate reporting by recipients of foreign 

intelligence surveillance orders. 

Sec. 805. Report on use of foreign intelligence surveillance authorities regarding protected activities and protected classes. 

Sec. 806. Publication of estimates regarding communications collected under 

certain provisions of Foreign Intelligence Surveillance Act of 

1978. 

Sec. 807. Enhanced reporting of assessments of compliance with emergency 

order requirements under certain provisions of the Foreign Intelligence Surveillance Act of 1978. 

TITLE IX—SEVERABILITY AND LIMITED DELAYS IN 

IMPLEMENTATION 

Sec. 901. Severability. 

Sec. 902. Limited delays in implementation. 

1 SEC. 2. DEFINITIONS. 

2 (a) AMENDMENTS TO FOREIGN INTELLIGENCE SUR3 VEILLANCE ACT OF 1978.— 

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

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

6 1801) is amended by adding at the end the fol7 lowing: 

8 ‘‘(q) The term ‘Foreign Intelligence Surveillance 

9 Court’ means the court established under section 103(a). 

10 ‘‘(r) The terms ‘Foreign Intelligence Surveillance 

11 Court of Review’ and ‘Court of Review’ mean the court 

12 established under section 103(b). 

13 ‘‘(s) The term ‘appropriate committees of Congress’ 

14 means— 


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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 

5 Senate; and 

6 ‘‘(3) the Committee on the Judiciary of the 

7 House of Representatives.’’. 

8 (2) CONFORMING AMENDMENTS.—Such Act (50 

9 U.S.C. 1801 et seq.) is amended— 

10 (A) in section 102 (50 U.S.C. 1802), by 

11 striking ‘‘the court established under section 

12 103(a)’’ and inserting ‘‘the Foreign Intelligence 

13 Surveillance Court’’; 

14 (B) in section 103 (50 U.S.C. 1803)— 

15 (i) in subsection (a)— 

16 (I) in paragraph (2)(A), by strik17 ing ‘‘The court established under this 

18 subsection’’ and inserting ‘‘The For19 eign Intelligence Surveillance Court’’; 

20 and 

21 (II) by striking ‘‘the court estab22 lished under this subsection’’ each 

23 place it appears and inserting ‘‘the 

24 Foreign Intelligence Surveillance 

25 Court’’; 


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1 (ii) in subsection (g)— 

2 (I) by striking ‘‘the court estab3 lished pursuant to subsection (a)’’ and 

4 inserting ‘‘the Foreign Intelligence 

5 Surveillance Court’’; 

6 (II) by striking ‘‘the court of re7 view established pursuant to sub8 section (b)’’ and inserting ‘‘the For9 eign Intelligence Surveillance Court of 

10 Review’’; and 

11 (III) by striking ‘‘The courts es12 tablished pursuant to subsections (a) 

13 and (b)’’ and inserting ‘‘The Foreign 

14 Intelligence Surveillance Court and 

15 the Foreign Intelligence Surveillance 

16 Court of Review’’; 

17 (iii) in subsection (h), by striking ‘‘a 

18 court established under this section’’ and 

19 inserting ‘‘the Foreign Intelligence Surveil20 lance Court or the Foreign Intelligence 

21 Surveillance Court of Review’’; 

22 (iv) in subsection (i)— 

23 (I) in paragraph (1), by striking 

24 ‘‘the courts established under sub25 sections (a) and (b)’’ and inserting 


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1 ‘‘the Foreign Intelligence Surveillance 

2 Court and the Foreign Intelligence 

3 Surveillance Court of Review’’; 

4 (II) in paragraph (3)(B), by 

5 striking ‘‘the courts’’ and inserting 

6 ‘‘the Foreign Intelligence Surveillance 

7 Court and the Foreign Intelligence 

8 Surveillance Court of Review’’; 

9 (III) in paragraph (5), by strik10 ing ‘‘the court’’ and inserting ‘‘the 

11 Foreign Intelligence Surveillance 

12 Court or the Foreign Intelligence Sur13 veillance Court of Review, as the case 

14 may be,’’; 

15 (IV) in paragraph (6), by strik16 ing ‘‘the court’’ each place it appears 

17 and inserting ‘‘the Foreign Intel18 ligence Surveillance Court or the For19 eign Intelligence Surveillance Court of 

20 Review’’; 

21 (V) by striking ‘‘a court estab22 lished under subsection (a) or (b)’’ 

23 each place it appears and inserting 

24 ‘‘the Foreign Intelligence Surveillance 


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1 Court or the Foreign Intelligence Sur2 veillance Court of Review’’; and 

3 (VI) by striking ‘‘A court estab4 lished under subsection (a) or (b)’’ 

5 each place it appears and inserting 

6 ‘‘The Foreign Intelligence Surveillance 

7 Court or the Foreign Intelligence Sur8 veillance Court of Review’’; 

9 (v) in subsection (j)— 

10 (I) by striking ‘‘a court estab11 lished under subsection (a)’’ and in12 serting ‘‘the Foreign Intelligence Sur13 veillance Court’’; and 

14 (II) by striking ‘‘the court deter15 mines’’ and inserting ‘‘the Foreign In16 telligence Surveillance Court deter17 mines’’; 

18 (vi) by striking ‘‘the court established 

19 under subsection (a)’’ each place it appears 

20 and inserting ‘‘the Foreign Intelligence 

21 Surveillance Court’’; and 

22 (vii) by striking ‘‘the court established 

23 under subsection (b)’’ each place it appears 

24 and inserting ‘‘the Foreign Intelligence 

25 Surveillance Court of Review’’; 


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1 (C) in section 105(c) (50 U.S.C. 

2 1805(c))— 

3 (i) in paragraph (2)(B), by striking 

4 ‘‘the Court’’ and inserting ‘‘the Foreign 

5 Intelligence Surveillance Court’’; and 

6 (ii) in paragraph (3), by striking ‘‘the 

7 court’’ each place it appears and inserting 

8 ‘‘the Foreign Intelligence Surveillance 

9 Court’’; 

10 (D) in section 401(1) (50 U.S.C. 1841(1)), 

11 by striking ‘‘, and ‘State’ ’’ and inserting 

12 ‘‘ ‘State’, ‘Foreign Intelligence Surveillance 

13 Court’, and ‘Foreign Intelligence Surveillance 

14 Court of Review’ ’’; 

15 (E) in section 402 (50 U.S.C. 1842)— 

16 (i) in subsection (b)(1), by striking 

17 ‘‘the court established by section 103(a) of 

18 this Act’’ and inserting ‘‘the Foreign Intel19 ligence Surveillance Court’’; and 

20 (ii) in subsection (h)(2), by striking 

21 ‘‘the court established under section 

22 103(a)’’ and inserting ‘‘the Foreign Intel23 ligence Surveillance Court’’; 

24 (F) in section 501 (50 U.S.C. 1861)— 


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1 (i) in subsection (b)(1), by striking 

2 ‘‘the court established by section 103(a)’’ 

3 and inserting ‘‘the Foreign Intelligence 

4 Surveillance Court’’; 

5 (ii) in subsection (g)(3), by striking 

6 ‘‘the court established under section 

7 103(a)’’ and inserting ‘‘the Foreign Intel8 ligence Surveillance Court’’; and 

9 (iii) in subsection (k)(1), by striking 

10 ‘‘, and ‘State’ ’’ and inserting ‘‘ ‘State’, and 

11 ‘Foreign Intelligence Surveillance Court’ ’’; 

12 (G) in section 502(c)(1)(E), by striking 

13 ‘‘the court established under section 103’’ and 

14 inserting ‘‘the Foreign Intelligence Surveillance 

15 Court (as defined by section 101)’’; 

16 (H) in section 801 (50 U.S.C. 1885)— 

17 (i) in paragraph (8)(B)(i), by striking 

18 ‘‘the court established under section 

19 103(a)’’ and inserting ‘‘the Foreign Intel20 ligence Surveillance Court’’; and 

21 (ii) by adding at the end the following 

22 new paragraph: 

23 ‘‘(10) FOREIGN INTELLIGENCE SURVEILLANCE

24 COURT.—The term ‘Foreign Intelligence Surveillance 


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1 Court’ means the court established under section 

2 103(a).’’; and 

3 (I) in section 802(a)(1) (50 U.S.C. 

4 1885a(a)(1)), by striking ‘‘the court established 

5 under section 103(a)’’ and inserting ‘‘the For6 eign Intelligence Surveillance Court’’. 

7 (b) TERMS USED IN THIS ACT.—In this Act, the 

8 terms ‘‘appropriate committees of Congress’’, ‘‘Foreign 

9 Intelligence Surveillance Court’’, and ‘‘Foreign Intel10 ligence Surveillance Court of Review’’ have the meanings 

11 given such terms in section 101 of the Foreign Intelligence 

12 Surveillance Act of 1978 (50 U.S.C. 1801), as amended 

13 by subsection (a). 


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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. PROHIBITION ON WARRANTLESS QUERIES FOR 

9 THE COMMUNICATIONS OF UNITED STATES 

10 PERSONS AND PERSONS LOCATED IN THE 

11 UNITED STATES. 

12 Section 702(f) of the Foreign Intelligence Surveil13 lance Act of 1978 (50 U.S.C. 1881a(f)) is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (A), by inserting 

16 ‘‘and the limitations and requirements in para17 graph (2)’’ after ‘‘Constitution of the United 

18 States’’; and 

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

20 ‘‘United States person query term used for a 

21 query’’ and inserting ‘‘term for a United States 

22 person or person reasonably believed to be in 

23 the United States used for a query as required 

24 by paragraph (3)’’; 


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1 (2) by redesignating paragraph (3) as para2 graph (5); and 

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

4 following: 

5 ‘‘(2) PROHIBITION ON WARRANTLESS QUERIES

6 FOR THE COMMUNICATIONS AND OTHER INFORMA7 TION OF UNITED STATES PERSONS AND PERSONS

8 LOCATED IN THE UNITED STATES.— 

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

10 subparagraphs (B) and (C), no officer or em11 ployee of the United States may conduct a 

12 query of information acquired under this sec13 tion in an effort to find communications or in14 formation the compelled production of which 

15 would require a probable cause warrant if 

16 sought for law enforcement purposes in the 

17 United States, of or about 1 or more United 

18 States persons or persons reasonably believed to 

19 be located in the United States at the time of 

20 the query or the time of the communication or 

21 creation of the information. 

22 ‘‘(B) EXCEPTIONS FOR CONCURRENT AU23 THORIZATION, CONSENT, EMERGENCY SITUA24 TIONS, AND CERTAIN DEFENSIVE CYBERSECU25 RITY QUERIES.— 


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1 ‘‘(i) IN GENERAL.—Subparagraph (A) 

2 shall not apply to a query related to a 

3 United States person or person reasonably 

4 believed to be located in the United States 

5 at the time of the query or the time of the 

6 communication or creation of the informa7 tion if— 

8 ‘‘(I) such person is the subject of 

9 an order or emergency authorization 

10 authorizing electronic surveillance or 

11 physical search under section 105 or 

12 304 of this Act, or a warrant issued 

13 pursuant to the Federal Rules of 

14 Criminal Procedure by a court of 

15 competent jurisdiction covering the 

16 period of the query; 

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

18 carrying out the query has a reason19 able belief that— 

20 ‘‘(AA) an emergency exists 

21 involving an imminent threat of 

22 death or serious bodily harm; and 

23 ‘‘(BB) in order to prevent or 

24 mitigate this threat, the query 

25 must be conducted before authorVerDate Sep 11 2014 22:49 Nov 18, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3234.IS S3234

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1 ization pursuant to subparagraph 

2 (I) can, with due diligence, be ob3 tained; and 

4 ‘‘(bb) a description of the query is provided to the 

5 Foreign Intelligence Surveillance Court and the appro6 priate committees of Congress in a timely manner; 

7 ‘‘(III) such person or, if such 

8 person is incapable of providing con9 sent, a third party legally authorized 

10 to consent on behalf of such person, 

11 has provided consent to the query on 

12 a case-by-case basis; or 

13 ‘‘(IV)(aa) the query uses a 

14 known cybersecurity threat signature 

15 as a query term; 

16 ‘‘(bb) the query is conducted, and the results of the 

17 query are used, for the sole purpose of identifying targeted 

18 recipients of malicious software and preventing or miti19 gating harm from such malicious software; 

20 ‘‘(cc) no additional contents of communications re21 trieved as a result of the query are accessed or reviewed; 

22 and 

23 ‘‘(dd) all such queries are reported to the Foreign In24 telligence Surveillance Court. 

25 ‘‘(ii) LIMITATIONS.— 


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1 ‘‘(I) USE IN SUBSEQUENT PRO2 CEEDINGS AND INVESTIGATIONS.—No 

3 information retrieved pursuant to a 

4 query authorized by clause (i)(II) or 

5 information derived from such query 

6 may be used, received in evidence, or 

7 otherwise disseminated in any inves8 tigation, trial, hearing, or other pro9 ceeding in or before any court, grand 

10 jury, department, office, agency, regu11 latory body, legislative committee, or 

12 other authority of the United States, 

13 a State, or political subdivision there14 of, except in proceedings or investiga15 tions that arise from the threat that 

16 prompted the query. 

17 ‘‘(II) ASSESSMENT OF COMPLI18 ANCE.—The Attorney General shall 

19 not less frequently than annually as20 sess compliance with the requirements 

21 under subclause (I). 

22 ‘‘(C) MATTERS RELATING TO EMERGENCY

23 QUERIES.— 

24 ‘‘(i) TREATMENT OF DENIALS.—In 

25 the event that a query for communications 


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1 or information, the compelled production of 

2 which would require a probable cause war3 rant if sought for law enforcement pur4 poses in the United States, of or about 1 

5 more United States persons or persons 

6 reasonably believed to be located in the 

7 United States at the time of the query or 

8 the time of the communication or creation 

9 of the information is conducted pursuant 

10 to an emergency authorization described in 

11 subparagraph (B)(i)(I) and the application 

12 for such emergency authorization is denied, 

13 or in any other case in which the query has 

14 been conducted and no order is issued ap15 proving the query— 

16 ‘‘(I) no information obtained or 

17 evidence derived from such query may 

18 be used, received in evidence, or other19 wise disseminated in any investiga20 tion, trial, hearing, or other pro21 ceeding in or before any court, grand 

22 jury, department, office, agency, regu23 latory body, legislative committee, or 

24 other authority of the United States, 


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1 a State, or political subdivision there2 of; and 

3 ‘‘(II) no information concerning 

4 any United States person or person 

5 reasonably believed to be located in 

6 the United States at the time of the 

7 query or the time of the communica8 tion or the creation of the information 

9 acquired from such query may subse10 quently be used or disclosed in any 

11 other manner without the consent of 

12 such person, except with the approval 

13 of the Attorney General if the infor14 mation indicates a threat of death or 

15 serious bodily harm to any person. 

16 ‘‘(ii) ASSESSMENT OF COMPLIANCE.— 

17 The Attorney General shall not less fre18 quently than annually assess compliance 

19 with the requirements under clause (i). 

20 ‘‘(D) FOREIGN INTELLIGENCE PURPOSE.— 

21 Except as provided in subparagraph (B)(i), no 

22 officer or employee of the United States may 

23 conduct a query of information acquired under 

24 this section in an effort to find information of 

25 or about 1 or more United States persons or 


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1 persons reasonably believed to be located in the 

2 United States at the time of the query or the 

3 time of the communication or creation of the in4 formation unless the query is reasonably likely 

5 to retrieve foreign intelligence information. 

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

7 of the United States may conduct a query of infor8 mation acquired under this section in an effort to 

9 find information of or about 1 or more United 

10 States persons or persons reasonably believed to be 

11 located in the United States at the time of query or 

12 the time of the communication or the creation of the 

13 information, unless first an electronic record is cre14 ated, and a system, mechanism, or business practice 

15 is in place to maintain such record, that includes the 

16 following: 

17 ‘‘(A) Each term used for the conduct of 

18 the query. 

19 ‘‘(B) The date of the query. 

20 ‘‘(C) The identifier of the officer or em21 ployee. 

22 ‘‘(D) A statement of facts showing that the 

23 use of each query term included under subpara24 graph (A) is— 


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1 ‘‘(i) reasonably likely to retrieve for2 eign intelligence information; or 

3 ‘‘(ii) in furtherance of the exceptions 

4 described in paragraph (2)(B)(i). 

5 ‘‘(4) PROHIBITION ON RESULTS OF METADATA

6 QUERY AS A BASIS FOR ACCESS TO COMMUNICA7 TIONS AND OTHER PROTECTED INFORMATION.—If a 

8 query of information acquired under this section is 

9 conducted in an effort to find communications 

10 metadata of 1 or more United States persons or per11 sons reasonably believed to be located in the United 

12 States at the time of the query or communication 

13 and the query returns such metadata, the results of 

14 the query shall not be used as a basis for reviewing 

15 communications or information a query for which is 

16 otherwise prohibited under this section. 

17 ‘‘(5) FEDERATED DATASETS.—The prohibitions 

18 and requirements in this section shall apply to que19 ries of federated and mixed datasets that include in20 formation acquired under this section, unless a 

21 mechanism exists to limit the query to information 

22 not acquired under this section.’’. 


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1 SEC. 102. LIMITATION ON USE OF INFORMATION OBTAINED 

2 UNDER SECTION 702 OF THE FOREIGN INTEL3 LIGENCE SURVEILLANCE ACT OF 1978 RELAT4 ING TO UNITED STATES PERSONS AND PER5 SONS LOCATED IN THE UNITED STATES IN 

6 CRIMINAL, CIVIL, AND ADMINISTRATIVE AC7 TIONS. 

8 Paragraph (2) of section 706(a) of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1881e(a)) is 

10 amended to read as follows: 

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

12 AND ADMINISTRATIVE PROCEEDINGS AND INVES13 TIGATIONS.—No information acquired pursuant to 

14 section 702(f) of or about a United States person or 

15 person reasonably believed to be located in the 

16 United States at the time of acquisition or commu17 nication may be introduced as evidence against such 

18 person in any criminal, civil, or administrative pro19 ceeding or used as part of any criminal, civil, or ad20 ministrative investigation, except— 

21 ‘‘(A) with the prior approval of the Attor22 ney General; and 

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

24 which the information is directly related to and 

25 necessary to address a specific threat of— 


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

2 (i) through (iii) of section 2332b(g)(5)(B) 

3 of title 18, United States Code); 

4 ‘‘(ii) counterintelligence (as defined in 

5 section 3 of the National Security Act of 

6 1947 (50 U.S.C. 3003)); 

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

8 of mass destruction (as defined in section 

9 2332a(c) of title 18, United States Code); 

10 ‘‘(iv) a cybersecurity breach or attack 

11 from a foreign country; 

12 ‘‘(v) incapacitation or destruction of 

13 critical infrastructure (as defined in section 

14 1016(e) of the Uniting and Strengthening 

15 America by Providing Appropriate Tools 

16 Required to Intercept and Obstruct Ter17 rorism (USA PATRIOT ACT) Act of 2001 

18 (42 U.S.C. 5195c(e))); 

19 ‘‘(vi) an attack against the armed 

20 forces of the United States or an ally of 

21 the United States or to other personnel of 

22 the United States Government or a govern23 ment of an ally of the United States; or 

24 ‘‘(vii) international narcotics traf25 ficking.’’. 


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1 SEC. 103. REPEAL OF AUTHORITY FOR THE RESUMPTION 

2 OF ABOUTS COLLECTION. 

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

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

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

6 under section 103(b) of the FISA Amendments Reauthor7 ization Act of 2017’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) FOREIGN INTELLIGENCE SURVEILLANCE

10 ACT OF 1978.—Section 702(m) of the Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 

12 1881a(m)) is amended— 

13 (A) in the subsection heading, by striking 

14 ‘‘REVIEWS, AND REPORTING’’ and inserting 

15 ‘‘AND REVIEWS’’; and 

16 (B) by striking paragraph (4). 

17 (2) FISA AMENDMENTS REAUTHORIZATION ACT

18 OF 2017.—Section 103 of the FISA Amendments Re19 authorization Act of 2017 (Public Law 115–118; 50 

20 U.S.C. 1881a note) is amended— 

21 (A) by striking subsection (b); and 

22 (B) by striking the following: 

23 ‘‘(a) IN GENERAL.—’’. 


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1 SEC. 104. PROHIBITION ON REVERSE TARGETING OF 

2 UNITED STATES PERSONS AND PERSONS LO3 CATED IN THE UNITED STATES. 

4 Section 702 of the Foreign Intelligence Surveillance 

5 Act of 1978 (50 U.S.C. 1881a), as amended by section 

6 101, is further amended— 

7 (1) in subsection (b)(2)— 

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

9 and inserting the following ‘‘may not— 

10 ‘‘(A) intentionally’’; 

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

12 subparagraph (A) of this paragraph, by striking 

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

14 a particular, known person reasonably believed 

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

16 following: ‘‘if a significant purpose of such ac17 quisition is to acquire the information of 1 or 

18 more United States persons or persons reason19 ably believed to be located in the United States 

20 at the time of acquisition or communication, 

21 unless— 

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

23 an emergency exists involving an imminent 

24 threat of death or serious bodily harm to 

25 such United States person or person rea26 sonably believed to be located in the 


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•S 3234 IS

1 United States at the time of the query or 

2 the time of acquisition or communication; 

3 ‘‘(II) the information is sought for the purpose 

4 of assisting that person; and 

5 ‘‘(III) a description of the targeting is provided 

6 to the Foreign Intelligence Surveillance Court and 

7 the appropriate committees of Congress in a timely 

8 manner; or 

9 ‘‘(ii) the United States person or per10 sons reasonably believed to be located in 

11 the United States at the time of acquisi12 tion or communication has provided con13 sent to the targeting, or if such person is 

14 incapable of providing consent, a third 

15 party legally authorized to consent on be16 half of such person has provided consent; 

17 and 

18 ‘‘(B) in the case of information acquired 

19 pursuant to subparagraph (A)(i) or evidence de20 rived from such targeting, be used, received in 

21 evidence, or otherwise disseminated in any in22 vestigation, trial, hearing, or other proceeding 

23 in or before any court, grand jury, department, 

24 office, agency, regulatory body, legislative com25 mittee, or other authority of the United States, 


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1 a State, or political subdivision thereof, except 

2 in proceedings or investigations that arise from 

3 the threat that prompted the targeting;’’; 

4 (2) in subsection (d)(1), by amending subpara5 graph (A) to read as follows: 

6 ‘‘(A) ensure that— 

7 ‘‘(i) any acquisition authorized under 

8 subsection (a) is limited to targeting per9 sons reasonably believed to be non-United 

10 States persons located outside the United 

11 States; and 

12 ‘‘(ii) except as provided in subsection 

13 (b)(2), a significant purpose of an acquisi14 tion is not to acquire the information of 1 

15 or more United States persons or persons 

16 reasonably believed to be in the United 

17 States at the time of acquisition or com18 munication; and’’; 

19 (3) in subsection (h)(2)(A)(i), by amending sub20 clause (I) to read as follows: 

21 ‘‘(I) ensure that— 

22 ‘‘(aa) an acquisition author23 ized under subsection (a) is lim24 ited to targeting persons reason25 ably believed to be non-United 


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1 States persons located outside 

2 the United States; and 

3 ‘‘(bb) except as provided in 

4 subsection (b)(2), a significant 

5 purpose of an acquisition is not 

6 to acquire the information of 1 or 

7 more United States persons or 

8 persons reasonably believed to be 

9 in the United States at the time 

10 of acquisition or communication; 

11 and’’; and 

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

13 (i) to read as follows: 

14 ‘‘(i) ensure that— 

15 ‘‘(I) an acquisition authorized 

16 under subsection (a) is limited to tar17 geting persons reasonably believed to 

18 be non-United States persons located 

19 outside the United States; and 

20 ‘‘(II) except as provided in sub21 section (b)(2), a significant purpose of 

22 an acquisition is not to acquire the in23 formation of 1 or more United States 

24 persons or persons reasonably believed 

25 to be in the United States at the time 


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1 of acquisition or communication; 

2 and’’. 

3 SEC. 105. DATA RETENTION LIMITS FOR INFORMATION 

4 COLLECTED UNDER SECTION 702 OF THE 

5 FOREIGN INTELLIGENCE SURVEILLANCE ACT 

6 OF 1978. 

7 (a) IN GENERAL.—Title VII of the Foreign Intel8 ligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) 

9 is amended by adding at the end the following: 

10 ‘‘SEC. 709. DATA RETENTION LIMITS. 

11 ‘‘(a) POLICY.—The Attorney General shall develop, 

12 and the heads of the elements of the intelligence commu13 nity shall implement, procedures governing the retention 

14 of information collected pursuant to section 702. 

15 ‘‘(b) COVERED INFORMATION.—For purposes of this 

16 section, ‘covered information’ includes— 

17 ‘‘(1) any information, including an encrypted 

18 communication, to, from, or pertaining to a United 

19 States person or person reasonably believed to be lo20 cated in the United States at the time of acquisition, 

21 communication, or creation of the information that 

22 has been evaluated and is not specifically known to 

23 contain foreign intelligence information; and 

24 ‘‘(2) any unevaluated information, unless it can 

25 reasonably be determined that the unevaluated inforVerDate Sep 11 2014 22:49 Nov 18, 2023 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3234.IS S3234

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1 mation does not contain communications to or from 

2 or information pertaining to a United States person 

3 or person reasonably believed to be located in the 

4 United States at the time of acquisition, communica5 tion or creation of the information. 

6 ‘‘(c) REQUIREMENTS.—The procedures developed 

7 and implemented pursuant to subsection (a) shall ensure, 

8 with respect to information described in such subsection, 

9 that covered information shall be destroyed within 5 years 

10 of collection unless the Attorney General determines in 

11 writing that— 

12 ‘‘(1) the information is the subject of a preser13 vation obligation in pending administrative, civil, or 

14 criminal litigation, in which case the information 

15 shall be segregated, retained, and used solely for 

16 that purpose and shall be destroyed as soon as it is 

17 no longer required to be preserved for such litiga18 tion; or 

19 ‘‘(2) the information is being used in a pro20 ceeding or investigation in which the information is 

21 directly related to and necessary to address a spe22 cific threat identified in section 706(a)(2)(B).’’. 

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

24 for such Act is amended by inserting after the item relat25 ing to section 708 the following: 

‘‘Sec. 709. Data retention limits.’’. 


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1 SEC. 106. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

2 SUPERVISION OF DEMANDS FOR TECHNICAL 

3 ASSISTANCE FROM ELECTRONIC COMMU4 NICATION SERVICE PROVIDERS UNDER SEC5 TION 702 OF THE FOREIGN INTELLIGENCE 

6 SURVEILLANCE ACT OF 1978. 

7 Section 702(i)(1) of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1881a(i)(1)) is amended— 

9 (1) by redesignating subparagraphs (A) and 

10 (B) as clauses (i) and (ii), respectively, and moving 

11 such clauses 2 ems to the right; 

12 (2) in the matter before clause (i), as redesig13 nated by paragraph (1), by striking ‘‘With respect 

14 to’’ and inserting the following: 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), in carrying out’’; and 

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

18 ‘‘(B) LIMITATIONS.—The Attorney Gen19 eral or the Director of National Intelligence 

20 may not direct technical assistance from an 

21 electronic communication service provider under 

22 subparagraph (A) without demonstrating that 

23 the assistance sought— 

24 ‘‘(i) is necessary; 

25 ‘‘(ii) is narrowly tailored to the sur26 veillance at issue; and 


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1 ‘‘(iii) would not pose an undue burden 

2 on the electronic communication service 

3 provider or its customers who are not in4 tended targets of the surveillance. 

5 ‘‘(C) COMPLIANCE.—An electronic commu6 nication service provider is not obligated to 

7 comply with a directive to provide technical as8 sistance under this paragraph unless— 

9 ‘‘(i) such assistance is a manner or 

10 method that has been explicitly approved 

11 by the Court; and 

12 ‘‘(ii) the Court issues an order, which 

13 has been delivered to the provider, explic14 itly describing the assistance to be fur15 nished by the provider that has been ap16 proved by the Court.’’. 

17 SEC. 107. PROHIBITION ON WARRANTLESS ACQUISITION OF 

18 DOMESTIC COMMUNICATIONS PURSUANT TO 

19 SECTION 702 OF THE FOREIGN INTEL20 LIGENCE SURVEILLANCE ACT OF 1978. 

21 Section 702 of the Foreign Intelligence Surveillance 

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

23 (1) in subsection (b)(4), by striking ‘‘known at 

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1 ably believed at the time of acquisition or commu2 nication’’; 

3 (2) in subsection (d)(1)(B), by striking ‘‘known 

4 at the time of the acquisition’’ and inserting ‘‘rea5 sonably believed at the time of the acquisition or 

6 communication’’; 

7 (3) in subsection (h)(2)(A)(i)(II), by striking 

8 ‘‘known at the time of the acquisition’’ and inserting 

9 ‘‘reasonably believed at the time of the acquisition or 

10 communication’’; and 

11 (4) in subsection (j)(2)(B)(ii), by striking 

12 ‘‘known at the time of the acquisition’’ and inserting 

13 ‘‘reasonably believed at the time of the acquisition or 

14 communication’’. 

15 SEC. 108. REQUIREMENT OF A FOREIGN INTELLIGENCE 

16 PURPOSE. 

17 Section 702(h)(2)(A)(v) of the Foreign Intelligence 

18 Surveillance Act of 1978 (50 U.S.C. 1881a(h)(2)(A)(v)) 

19 is amended by striking ‘‘a significant’’ and inserting 

20 ‘‘the’’. 


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1 SEC. 109. FOUR-YEAR EXTENSION OF SECTION 702 OF THE 

2 FOREIGN INTELLIGENCE SURVEILLANCE ACT 

3 OF 1978. 

4 (a) EXTENSION.—Section 403(b) of the FISA 

5 Amendments Act of 2008 (Public Law 110–261) is 

6 amended— 

7 (1) in paragraph (1) (50 U.S.C. 1881–1881g 

8 note), by striking ‘‘December 31, 2023’’ and insert9 ing ‘‘September 30, 2027’’; and 

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

11 the matter preceding subparagraph (A), by striking 

12 ‘‘December 31, 2023’’ and inserting ‘‘September 30, 

13 2027’’. 

14 (b) CONFORMING AMENDMENT.—The heading of sec15 tion 404(b)(1) of the FISA Amendments Act of 2008 

16 (Public Law 110–261; 50 U.S.C. 1801 note) is amended 

17 by striking ‘‘DECEMBER 31, 2023’’ and inserting ‘‘SEP18 TEMBER 30, 2027’’. 


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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. COURT SUPERVISION OF COLLECTION TAR7 GETING UNITED STATES PERSONS AND PER8 SONS LOCATED INSIDE THE UNITED STATES. 

9 (a) IN GENERAL.—Title VII of the Foreign Intel10 ligence Surveillance Act of 1978 (50 U.S.C. 50 U.S.C. 

11 1881 et seq.) is amended— 

12 (1) by striking sections 703, 704, and 705 (50 

13 U.S.C. 1881b, 1881c, and 1881d); and 

14 (2) by inserting after section 702 (50 U.S.C. 

15 1881a) the following: 

16 ‘‘SEC. 703. ACQUISITIONS TARGETING UNITED STATES PER17 SONS AND PERSONS LOCATED INSIDE THE 

18 UNITED STATES. 

19 ‘‘(a) WARRANT REQUIREMENT.—No officer or em20 ployee of the United States may intentionally target any 

21 United States person, regardless of location, or person 

22 reasonably believed to be located in the United States for 

23 the purpose of acquiring foreign intelligence information 

24 under circumstances in which the person has a reasonable 

25 expectation of privacy or a warrant would be required if 


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•S 3234 IS

1 the officer or employee sought to compel production of the 

2 information inside the United States for law enforcement 

3 purposes, unless such person is the subject of— 

4 ‘‘(1) an order or emergency authorization under 

5 section 105 or 304 of this Act covering the period 

6 of the acquisition and the acquisition is subject to 

7 the use, dissemination, querying, retention, and 

8 other minimization limitations required by such 

9 order or authorization; or 

10 ‘‘(2) a warrant issued pursuant to the Federal 

11 Rules of Criminal Procedure by a court of competent 

12 jurisdiction covering the period of the acquisition 

13 and the acquisition is subject to the use, dissemina14 tion, querying, retention, and other minimization 

15 limitations required by such warrant. 

16 ‘‘(b) PEN REGISTER TRAP AND TRACE.—No officer 

17 or employee of the United States may intentionally target 

18 any United States person, regardless of location, or person 

19 reasonably believed to be located in the United States for 

20 the purpose of collecting foreign intelligence information 

21 through the installation and use of pen register or trap 

22 and trace device, or to acquire information the compelled 

23 production of which would require a pen register or trap 

24 and trace device order if conducted inside the United 

25 States, unless such person is the subject of— 


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1 ‘‘(1) an order or emergency authorization under 

2 title IV of this Act covering the period of the acqui3 sition and the acquisition is subject to the use, dis4 semination, querying, retention, and other minimiza5 tion limitations required by such authorization; or 

6 ‘‘(2) an order has been issued pursuant to sec7 tion 3123 of title 18, United States Code, by a court 

8 of competent jurisdiction covering the period of the 

9 acquisition. 

10 ‘‘(c) MATTERS RELATING TO EMERGENCY ACQUISI11 TION.—In the event that an emergency acquisition is con12 ducted pursuant to subsection (a)(1) or (b)(1) and the ap13 plication for such emergency authorization is denied, or 

14 in any other case in which the acquisition has been con15 ducted and no order is issued approving the acquisition— 

16 ‘‘(1) no information obtained or evidence de17 rived from such acquisition may be used, received in 

18 evidence, or otherwise disseminated in any investiga19 tion, trial, hearing, or other proceeding in or before 

20 any court, grand jury, department, office, agency, 

21 regulatory body, legislative committee, or other au22 thority of the United States, a State, or political 

23 subdivision thereof; and 

24 ‘‘(2) no information concerning any United 

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1 cated in the United States a may subsequently be 

2 used or disclosed in any other manner without the 

3 consent of such person, except with the approval of 

4 the Attorney General, if the information indicates a 

5 threat of death or serious bodily harm to any per6 son. 

7 ‘‘(d) RULE OF CONSTRUCTION.—Subsections (a) and 

8 (b) shall apply regardless of the location of the acquisi9 tion.’’. 

10 (b) CONFORMING AMENDMENTS.—The Foreign In11 telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

12 seq.) is further amended— 

13 (1) in section 601(a)(1) (50 U.S.C. 

14 1871(a)(1)— 

15 (A) by striking subparagraphs (D) through 

16 (F); and 

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

18 semicolon and inserting ‘‘; or’’; 

19 (2) in section 603(b)(1) (50 U.S.C. 

20 1873(b)(1)), in the matter before subparagraph (A), 

21 by striking ‘‘and sections 703 and 704’’; and 

22 (3) in section 706 (50 U.S.C. 1881e), by strik23 ing subsection (b). 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 for such Act is amended— 


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1 (1) by striking the items relating to sections 

2 703, 704, and 705; and 

3 (2) by inserting after the item relating to sec4 tion 702 the following: 

‘‘Sec. 703. Acquisitions targeting United States persons and persons located inside the United States.’’. 

5 SEC. 202. REQUIRED DISCLOSURE OF RELEVANT INFORMA6 TION IN FOREIGN INTELLIGENCE SURVEIL7 LANCE ACT OF 1978 APPLICATIONS. 

8 (a) IN GENERAL.—The Foreign Intelligence Surveil9 lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended 

10 by adding at the end the following: 

11 ‘‘TITLE IX—REQUIRED DISCLO12 SURE OF RELEVANT INFOR13 MATION 

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

15 ‘‘The Attorney General or any other Federal officer 

16 or employee making an application for a court order under 

17 this Act shall provide the court with— 

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

19 Government that is material to determining whether 

20 the application satisfies the applicable requirements 

21 under this Act, including any exculpatory informa22 tion; and 

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

24 Government that might reasonably— 


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•S 3234 IS

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

2 application or the reasonableness of any assess3 ment in the application conducted by the de4 partment or agency on whose behalf the appli5 cation is made; or 

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

7 the findings that are required to be made under 

8 the applicable provision of this Act in order for 

9 the court order to be issued.’’. 

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

11 of the Foreign Intelligence Surveillance Act of 1978 is 

12 amended by adding at the end the following: 

‘‘TITLE IX—DISCLOSURE OF RELEVANT INFORMATION 

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

13 SEC. 203. CERTIFICATION REGARDING ACCURACY PROCE14 DURES. 

15 (a) CERTIFICATION REGARDING ACCURACY PROCE16 DURES.—Title IX of the Foreign Intelligence Surveillance 

17 Act of 1978, as added by section 202, is amended by add18 ing at the end the following: 

19 ‘‘SEC. 902. CERTIFICATION REGARDING ACCURACY PROCE20 DURES. 

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

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

23 procedures, adopted by the Attorney General, to ensure 

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1 cluding any application for renewal of an existing order, 

2 is accurate and complete, including procedures that en3 sure, at a minimum, that— 

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

5 might reasonably call into question the accuracy of 

6 the information or the reasonableness of any assess7 ment in the application, or otherwise raises doubts 

8 about the requested findings; 

9 ‘‘(2) the application reflects all material infor10 mation that might reasonably call into question the 

11 reliability and reporting of any information from a 

12 confidential human source that is used in the appli13 cation; 

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

15 assertion in an application is maintained; 

16 ‘‘(4) the applicant coordinates with the appro17 priate elements of the intelligence community (as de18 fined in section 3 of the National Security Act of 

19 1947 (50 U.S.C. 3003)), concerning any prior or ex20 isting relationship with the target of any surveil21 lance, search, or other means of investigation, and 

22 discloses any such relationship in the application; 

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

24 States person is made, the applicant Federal officer 

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1 viewed for accuracy and completeness supporting 

2 documentation for each factual assertion in the ap3 plication; and 

4 ‘‘(6) the applicant Federal agency establish 

5 compliance and auditing mechanisms on an annual 

6 basis to assess the efficacy of the accuracy proce7 dures that have been adopted and report such find8 ings to the Attorney General. 

9 ‘‘(b) STATEMENT AND CERTIFICATION OF ACCURACY

10 PROCEDURES.—Any Federal officer making an applica11 tion for a court order under this Act shall include with 

12 the application— 

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

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

15 ‘‘(2) a certification that the officer or the offi16 cer’s designee has collected and reviewed for accu17 racy and completeness— 

18 ‘‘(A) supporting documentation for each 

19 factual assertion contained in the application; 

20 ‘‘(B) all information that might reasonably 

21 call into question the accuracy of the informa22 tion or the reasonableness of any assessment in 

23 the application, or otherwise raises doubts 

24 about the requested findings; and 


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1 ‘‘(C) all material information that might 

2 reasonably call into question the reliability and 

3 reporting of any information from any confiden4 tial human source that is used in the applica5 tion. 

6 ‘‘(3) NECESSARY FINDING FOR COURT OR7 DERS.—A judge may not enter an order under this 

8 Act unless the judge finds, in addition to any other 

9 findings required under this Act, that the accuracy 

10 procedures described in the application for the order, 

11 as required under subsection (b)(1), are actually ac12 curacy procedures as defined in this section.’’. 

13 (b) TECHNICAL AMENDMENT.—The table of contents 

14 of the Foreign Intelligence Surveillance Act of 1978, as 

15 amended by section 202, is amended by inserting after the 

16 item relating to section 901 the following: 

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

17 SEC. 204. CLARIFICATION REGARDING TREATMENT OF IN18 FORMATION AND EVIDENCE ACQUIRED 

19 UNDER THE FOREIGN INTELLIGENCE SUR20 VEILLANCE ACT OF 1978. 

21 (a) IN GENERAL.—Section 101 of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1801) is 

23 amended by adding at the end the following: 

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

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1 tronic surveillance, physical search, use of a pen register 

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

3 or acquisition under this Act when the Government would 

4 not have originally possessed the information or evidence 

5 but for that electronic surveillance, physical search, use 

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

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

8 that the information or evidence is attenuated from the 

9 surveillance or search, would inevitably have been discov10 ered, or was subsequently reobtained through other 

11 means.’’. 

12 (b) POLICIES AND GUIDANCE.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the date of the enactment of this Act, the Attorney 

15 General and the Director of National Intelligence 

16 shall publish the following: 

17 (A) Policies concerning the application of 

18 subsection (q) of section 101 of such Act, as 

19 added by subsection (a). 

20 (B) Guidance for all members of the intel21 ligence community (as defined in section 3 of 

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

23 3003)) and all Federal agencies with law en24 forcement responsibilities concerning the appli25 cation of such subsection (q). 


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1 (2) MODIFICATIONS.—Whenever the Attorney 

2 General and the Director modify a policy or guid3 ance published under paragraph (1), the Attorney 

4 General and the Director shall publish such modi5 fications. 

6 SEC. 205. SUNSET ON GRANDFATHER CLAUSE OF SECTION 

7 215 OF THE USA PATRIOT ACT. 

8 Section 102(b)(2) of the USA PATRIOT Improve9 ment and Reauthorization Act of 2005 (Public Law 109– 

10 177; 50 U.S.C. 1805 note) is amended by inserting ‘‘, ex11 cept that title V of the Foreign Intelligence Surveillance 

12 Act of 1978, as in effect on March 14, 2020, shall con13 tinue in effect until the date that is 180 days after the 

14 date of the enactment of the Government Surveillance Re15 form Act of 2023’’ after ‘‘continue in effect’’. 

16 SEC. 206. WRITTEN RECORD OF DEPARTMENT OF JUSTICE 

17 INTERACTIONS WITH FOREIGN INTEL18 LIGENCE SURVEILLANCE COURT; PROTEC19 TION AGAINST JUDGE SHOPPING BY DOJ. 

20 (a) TRANSCRIPTS OF PROCEEDINGS.—Subsection (c) 

21 of section 103 of the Foreign Intelligence Surveillance Act 

22 of 1978 (50 U.S.C. 1803) is amended— 

23 (1) by inserting ‘‘, and shall be transcribed’’ be24 fore the first period; and 


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•S 3234 IS

1 (2) by inserting ‘‘, transcriptions,’’ after ‘‘appli2 cations made’’. 

3 (b) WRITTEN RECORD OF INTERACTIONS WITH

4 COURT.—Such section is further amended by adding at 

5 the end the following: 

6 ‘‘(l) WRITTEN RECORD OF INTERACTIONS.— 

7 ‘‘(1) WRITTEN COMMUNICATIONS.—The Attor8 ney General shall maintain all written communica9 tions with the court established under subsection 

10 (a), including the identity of the employees of the 

11 court to or from whom the communications were 

12 made, regarding an application or order made under 

13 this title in a file associated with the application or 

14 order. 

15 ‘‘(2) ORAL COMMUNICATIONS.—The Attorney 

16 General shall— 

17 ‘‘(A) document a summary of any oral 

18 communications with the court established 

19 under subsection (a), including the identity of 

20 the employees of the court to or from whom the 

21 communications were made, relating to an ap22 plication or order described in paragraph (1); 

23 and 

24 ‘‘(B) keep such documentation in a file as25 sociated with the application or order.’’. 


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1 (c) EXTENSIONS OF ORDERS.—Section 105(d)(2) of 

2 such Act (50 U.S.C. 1805(d)(2)) is amended by adding 

3 at the end the following: ‘‘To the extent practicable, an 

4 extension of an order issued under this title shall be grant5 ed or denied by the same judge who issued the original 

6 order.’’. 

7 SEC. 207. APPOINTMENT OF AMICI CURIAE AND ACCESS TO 

8 INFORMATION. 

9 (a) EXPANSION OF APPOINTMENT AUTHORITY.— 

10 (1) IN GENERAL.—Section 103(i)(2) of the For11 eign Intelligence Surveillance Act of 1978 (50 

12 U.S.C. 1803(i)(2)) is amended— 

13 (A) by striking subparagraph (A) and in14 serting the following: 

15 ‘‘(A) shall appoint at least 1 individual 

16 who has been designated under paragraph (1) 

17 and who possesses expertise in privacy and civil 

18 liberties to serve as amicus curiae to assist such 

19 court in the consideration of any application or 

20 motion for an order or review, unless the court 

21 issues a written finding that such application 

22 neither presents nor involves— 

23 ‘‘(i) a novel or significant interpreta24 tion of the law; 


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1 ‘‘(ii) a significant concern related to 

2 constitutional rights; 

3 ‘‘(iii) a sensitive investigative matter; 

4 ‘‘(iv) a request for approval of a new 

5 program, a new technology, or a new use 

6 of existing technology; 

7 ‘‘(v) a request for reauthorization of 

8 programmatic surveillance; or 

9 ‘‘(vi) any other privacy or civil lib10 erties issue for which an appointment of an 

11 amicus curiae to assist the court in the 

12 consideration of the application would be 

13 appropriate; and’’; 

14 (B) in subparagraph (B), by striking ‘‘an 

15 individual or organization’’ each place it ap16 pears and inserting ‘‘1 or more individuals or 

17 organizations’’; 

18 (C) by redesignating subparagraph (B) as 

19 subparagraph (D); and 

20 (D) by inserting after subparagraph (A) 

21 the following: 

22 ‘‘(B) shall appoint at least 1 individual 

23 who has been designated under paragraph (1) 

24 and who possesses technical expertise to serve 

25 as amicus curiae to assist such court in the 


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1 consideration of any application for an order or 

2 review, unless the court issues a written finding 

3 that such application neither presents nor in4 volves— 

5 ‘‘(i) a request for approval of a new 

6 program, a new technology, or a new use 

7 of existing technology; 

8 ‘‘(ii) a request for approval of a pre9 viously authorized program, technology, or 

10 use of existing technology for which no 

11 prior application for approval of such pro12 gram, technology, or use was considered by 

13 the court with the assistance of an amicus 

14 curiae who possesses technical expertise; or 

15 ‘‘(iii) a technical issue material to any 

16 legal determination for which an appoint17 ment of an amicus curiae who possesses 

18 technical expertise to assist the court in 

19 the consideration of the application would 

20 be appropriate; 

21 ‘‘(C) shall randomly appoint at least 1 in22 dividual with legal expertise and at least 1 indi23 vidual with technical expertise, from among in24 dividuals who have been designated under paraVerDate Sep 11 2014 22:49 Nov 18, 2023 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3234.IS S3234

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1 graph (1), to assist the court in the review of 

2 a certification under section 702(j); and’’. 

3 (2) DEFINITION OF SENSITIVE INVESTIGATIVE

4 MATTER.—Section 103(i) of such Act (50 U.S.C. 

5 1803(i)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(12) DEFINITION OF SENSITIVE INVESTIGA8 TIVE MATTER.—In this subsection, the term ‘sen9 sitive investigative matter’ means— 

10 ‘‘(A) an investigative matter involving the 

11 activities of— 

12 ‘‘(i) a domestic public official or polit13 ical candidate, or an individual serving on 

14 the staff of such an official or candidate; 

15 ‘‘(ii) a domestic religious or political 

16 organization, or a known or suspected 

17 United States person prominent in such an 

18 organization; or 

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

20 ‘‘(B) any other investigative matter involv21 ing a domestic entity or a known or suspected 

22 United States person that, in the judgment of 

23 the applicable court established under sub24 section (a) or (b), is as sensitive as an invesVerDate Sep 11 2014 22:49 Nov 18, 2023 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S3234.IS S3234

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1 tigative matter described in subparagraph 

2 (A).’’. 

3 (3) QUALIFICATIONS.—Section 103(i)(3)(A) of 

4 such Act (50 U.S.C. 1803(i)(3)(A)) is amended— 

5 (A) by inserting ‘‘cybersecurity, cryptog6 raphy,’’ after ‘‘communications technology,’’; 

7 and 

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

9 ‘‘Of such individuals, at least 1 shall possess 

10 legal expertise and at least 1 shall possess tech11 nical expertise.’’. 

12 (4) NOTIFICATION.—Section 103(i) of such Act 

13 (50 U.S.C. 1803(i)) is amended by striking para14 graph (7) and inserting the following: 

15 ‘‘(7) NOTIFICATION.—A presiding judge of a 

16 court established under subsection (a) or (b) shall, 

17 not less frequently than quarterly, provide to the At18 torney General and the appropriate committees of 

19 Congress— 

20 ‘‘(A) a notification of each appointment of 

21 an individual to serve as amicus curiae under 

22 paragraph (2); and 

23 ‘‘(B) a copy of each written finding issued 

24 under paragraph (2).’’. 


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1 (5) SECTION 702 RECERTIFICATION SCHED2 ULE.—Section 702(j)(5)(A) of such Act (50 U.S.C. 

3 1881a(j)(5)(A)) is amended by striking ‘‘at least 30 

4 days prior to the expiration of such authorization’’ 

5 and inserting ‘‘such number of days, not less than 

6 30 days, before the expiration of such authorization 

7 as the Court considers necessary to permit review by 

8 amici curiae appointed under section 103(i)(2)(C).’’. 

9 (6) CONFORMING AMENDMENTS.—Section 

10 103(i) of such Act (50 U.S.C. 1803(i)) is amend11 ed— 

12 (A) in paragraph (4), by striking ‘‘amicus 

13 curiae under paragraph (2)(A)’’ and inserting 

14 ‘‘amicus curiae under subparagraph (A), (B), 

15 or (C) of paragraph (2)’’; and 

16 (B) in paragraph (5), by striking ‘‘ap17 pointed under paragraph (2)(A)’’ and inserting 

18 ‘‘appointed under subparagraph (A), (B), or 

19 (C) of paragraph (2)’’. 

20 (b) AUTHORITY TO SEEK REVIEW.—Section 103(i) 

21 of such Act (50 U.S.C. 1803(i)), as amended by subsection 

22 (a), is further amended— 

23 (1) in paragraph (4)— 

24 (A) in the paragraph heading, by inserting 

25 ‘‘; AUTHORITY’’ after ‘‘DUTIES’’; 


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1 (B) by redesignating subparagraphs (A), 

2 (B), and (C) as clauses (i), (ii), and (iii), re3 spectively, and moving such clauses, as so re4 designated, 2 ems to the right; 

5 (C) in the matter preceding clause (i), as 

6 so designated, by striking ‘‘the amicus curiae 

7 shall’’ and inserting the following: ‘‘the amicus 

8 curiae— 

9 ‘‘(A) shall’’; 

10 (D) in subparagraph (A)(i), as so des11 ignated, by inserting before the semicolon at the 

12 end the following: ‘‘, including legal arguments 

13 regarding any privacy or civil liberties interest 

14 of any United States person that would be sig15 nificantly affected by the application or mo16 tion’’; and 

17 (E) by striking the period at the end and 

18 inserting the following: ‘‘; and 

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

20 significant privacy or civil liberties issue rel21 evant to the application or motion or other 

22 issue directly affecting the legality of the pro23 posed electronic surveillance with the court, re24 gardless of whether the court has requested as25 sistance on that issue.’’. 


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1 (2) by redesignating paragraphs (7) through 

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

3 and 

4 (3) by inserting after paragraph (6) the fol5 lowing: 

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

8 ‘‘(A) FOREIGN INTELLIGENCE SURVEIL9 LANCE COURT DECISIONS.— 

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

11 an order under this Act by the Foreign In12 telligence Surveillance Court, an amicus 

13 curiae appointed under paragraph (2) may 

14 petition the Foreign Intelligence Surveil15 lance Court to certify for review to Foreign 

16 Intelligence Surveillance Court of Review a 

17 question of law pursuant to subsection (j). 

18 ‘‘(ii) DENIALS.—If the Foreign Intel19 ligence Surveillance Court denies a petition 

20 described in clause (i), the court shall pro21 vide for the record a written statement of 

22 the reasons for such denial. 

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

25 this subparagraph, the Foreign Intelligence 


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1 Surveillance Court of Review shall appoint 

2 the amicus curiae to assist the Court of 

3 Review in its consideration of the certified 

4 question, unless the Court of Review issues 

5 a finding that such appointment is not ap6 propriate. 

7 ‘‘(B) FOREIGN INTELLIGENCE SURVEIL8 LANCE COURT OF REVIEW DECISIONS.—An 

9 amicus curiae appointed under paragraph (2) 

10 may petition the Foreign Intelligence Surveil11 lance Court of Review to certify for review to 

12 the Supreme Court of the United States any 

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

14 title 28, United States Code. 

15 ‘‘(C) DECLASSIFICATION OF REFER16 RALS.—For purposes of section 602, a petition 

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

18 paragraph and all of its content shall be consid19 ered a decision, order, or opinion issued by the 

20 Foreign Intelligence Surveillance Court or the 

21 Foreign Intelligence Surveillance Court of Re22 view described in paragraph (2) of section 

23 602(a).’’. 

24 (c) ACCESS TO INFORMATION.— 


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1 (1) APPLICATION AND MATERIALS.—Section 

2 103(i)(6) of such Act (50 U.S.C. 1803(i)(6)) is 

3 amended— 

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

5 clauses (i) and (ii) and inserting the following: 

6 ‘‘(i) shall have access to, to the extent 

7 such information is available to the Gov8 ernment— 

9 ‘‘(I) the application, certification, 

10 petition, motion, and other informa11 tion and supporting materials, includ12 ing any information described in sec13 tion 901, submitted to the Foreign In14 telligence Surveillance Court in con15 nection with the matter in which the 

16 amicus curiae has been appointed, in17 cluding access to any relevant legal 

18 precedent (including any such prece19 dent that is cited by the Government, 

20 including in such an application); 

21 ‘‘(II) any other information or 

22 materials that the court determines is 

23 relevant to the duties of the amicus 

24 curiae; and 


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1 ‘‘(III) an unredacted copy of 

2 each relevant decision made by the 

3 Foreign Intelligence Surveillance 

4 Court or the Foreign Intelligence Sur5 veillance Court of Review in which the 

6 court decides a question of law, with7 out regard to whether the decision is 

8 classified; and 

9 ‘‘(ii) may make a submission to the 

10 court requesting access to any other par11 ticular materials or information (or cat12 egory of materials or information) that the 

13 amicus curiae believes to be relevant to the 

14 duties of the amicus curiae.’’; 

15 (B) by redesignating subparagraph (D) as 

16 subparagraph (E); and 

17 (C) by inserting after subparagraph (C) 

18 the following: 

19 ‘‘(D) SUPPORTING DOCUMENTATION RE20 GARDING ACCURACY.—The Foreign Intelligence 

21 Surveillance Court, upon the motion of an ami22 cus curiae appointed under paragraph (2) or 

23 upon its own motion, may require the Govern24 ment to make available the supporting docu25 mentation described in section 902.’’. 


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1 (2) CLARIFICATION OF ACCESS TO CERTAIN IN2 FORMATION.—Section 103(i)(6) of such Act (50 

3 U.S.C. 1803(i)(6)) is amended— 

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

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

6 (B) by striking subparagraph (C) and in7 serting the following: 

8 ‘‘(C) CLASSIFIED INFORMATION.—An ami9 cus curiae appointed by the court shall have ac10 cess to, to the extent such information is avail11 able to the Government, unredacted copies of 

12 each opinion, order, transcript, pleading, or 

13 other document of the Foreign Intelligence Sur14 veillance Court and the Foreign Intelligence 

15 Surveillance Court of Review, including, if the 

16 individual is eligible for access to classified in17 formation, any classified documents, informa18 tion, and other materials or proceedings.’’. 

19 (3) CONSULTATION AMONG AMICI CURIAE.— 

20 Section 103(i)(6) of such Act (50 U.S.C. 

21 1803(i)(6)), as amended by paragraphs (1) and (2), 

22 is further amended— 

23 (A) by redesignating subparagraphs (B), 

24 (C), and (D) as subparagraphs (C), (D), and 

25 (E), respectively; and 


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1 (B) by inserting after subparagraph (A) 

2 the following: 

3 ‘‘(B) CONSULTATION.—If the Foreign In4 telligence Surveillance Court or the Foreign In5 telligence Surveillance Court of Review deter6 mines that it is relevant to the duties of an 

7 amicus curiae appointed under paragraph (2), 

8 the amicus curiae may consult with 1 or more 

9 of the other individuals designated to serve as 

10 amicus curiae under paragraph (1) regarding 

11 any of the information relevant to any assigned 

12 proceeding.’’. 

13 SEC. 208. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 

14 ORDERS, AND OPINIONS. 

15 Section 602 of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1872) is amended by striking sub17 section (a) and inserting the following: 

18 ‘‘(a) DECLASSIFICATION REQUIRED.— 

19 ‘‘(1) IN GENERAL.—Subject to subsection (b), 

20 the Director of National Intelligence, in consultation 

21 with the Attorney General, shall— 

22 ‘‘(A) conduct a declassification review of 

23 each decision, order, or opinion issued by the 

24 Foreign Intelligence Surveillance Court or the 

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1 view (as defined in section 601(e)) that is de2 scribed in paragraph (2); 

3 ‘‘(B) consistent with that review, make 

4 publicly available to the greatest extent prac5 ticable each such decision, order, or opinion; 

6 and 

7 ‘‘(C) complete the declassification review 

8 required by subparagraph (A) and public re9 lease of each such decision, order, or opinion 

10 pursuant to subparagraph (B) by not later than 

11 180 days after the date on which the Foreign 

12 Intelligence Surveillance Court or the Foreign 

13 Intelligence Surveillance Court of Review issues 

14 such decision, order, or opinion. 

15 ‘‘(2) DECISION, ORDER, OR OPINION DE16 SCRIBED.—A decision, order, or opinion issued by 

17 the Foreign Intelligence Surveillance Court or the 

18 Foreign Intelligence Surveillance Court of Review 

19 that is described in this paragraph is any such deci20 sion, order, or opinion issued before, on, or after the 

21 date of the enactment of this Act that— 

22 ‘‘(A) includes a significant construction or 

23 interpretation of any provision of law, including 

24 any novel or significant construction or inter25 pretation of any term; or 


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1 ‘‘(B) has been nominated for a declas2 sification review by an amicus curiae appointed 

3 by the court.’’. 

4 SEC. 209. CLARIFICATION OF FOREIGN INTELLIGENCE SUR5 VEILLANCE COURT JURISDICTION OVER 

6 RECORDS OF THE COURT AND OTHER ANCIL7 LARY MATTERS. 

8 (a) IN GENERAL.—Section 103 of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1803), as 

10 amended by sections 206 and 207, is further amended— 

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

12 ‘‘(m) ANCILLARY CLAIMS.— 

13 ‘‘(1) FOREIGN INTELLIGENCE SURVEILLANCE

14 COURT.—The Foreign Intelligence Surveillance 

15 Court shall have jurisdiction to hear claims ancillary 

16 to any of its own proceedings, including jurisdiction 

17 to hear any claim for access to the court’s records, 

18 files, and proceedings under the Constitution of the 

19 United States, statute, common law, or any other 

20 authority. Upon deciding such a claim, such court 

21 shall provide immediately for the record a written 

22 statement of the reasons for such decision. A party 

23 may file a petition for review of such decision with 

24 the Foreign Intelligence Surveillance Court of Re25 view, which shall have jurisdiction to consider such 


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1 petition and, upon deciding such petition, shall pro2 vide for the record a written statement of the rea3 sons for its decision. 

4 ‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE

5 COURT OF REVIEW.—The Foreign Intelligence Sur6 veillance Court of Review shall have jurisdiction to 

7 hear claims ancillary to any of its own proceedings, 

8 including jurisdiction to hear any claim for access to 

9 the court’s records, files, and proceedings under the 

10 Constitution of the United States, statute, common 

11 law, or any other authority. Upon deciding such a 

12 claim, such court shall provide immediately for the 

13 record a written statement of the reasons for such 

14 decision. 

15 ‘‘(3) SUPREME COURT REVIEW.—A party may 

16 file a petition for a writ of certiorari for review of 

17 a decision of the Foreign Intelligence Surveillance 

18 Court of Review under paragraphs (1) or (2), and 

19 the Supreme Court shall have jurisdiction to review 

20 such decision.’’; 

21 (2) in subsection (a)(2)(A), in the matter pre22 ceding clause (i), by inserting ‘‘paragraph (1) of 

23 subsection (l) of this section or’’ before ‘‘paragraph 

24 (4) or (5) of section 702(i)’’; and 


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1 (3) in subsection (k)(1), by striking ‘‘section 

2 1254(2) of title 28’’ and inserting ‘‘section 1254 of 

3 title 28’’. 

4 (b) TECHNICAL CORRECTIONS.—Section 103 of the 

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

6 1803), as amended by section (a), is further amended— 

7 (1) in subsection (a)(2)(A), in the matter pre8 ceding clause (i), by striking ‘‘section 501(f) or’’; 

9 and 

10 (2) in subsection (e), by striking ‘‘section 

11 501(f)(1) or’’ each place it appears. 

12 SEC. 210. GROUNDS FOR DETERMINING INJURY IN FACT IN 

13 CIVIL ACTIONS RELATING TO SURVEILLANCE 

14 UNDER THE FOREIGN INTELLIGENCE SUR15 VEILLANCE ACT OF 1978 OR PURSUANT TO 

16 EXECUTIVE AUTHORITY. 

17 (a) IN GENERAL.—The Foreign Intelligence Surveil18 lance Act of 1978 (50 U.S.C. 1801 et seq.), as amended 

19 by section 202, is further amended by adding at the end 

20 the following: 


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1 ‘‘TITLE X—ADDITIONAL 

2 MATTERS 

3 ‘‘SEC. 1001. CHALLENGES TO GOVERNMENT SURVEIL4 LANCE. 

5 ‘‘(a) DEFINITIONS.—In this section, the terms ‘for6 eign intelligence information’, ‘person’, ‘United States’, 

7 and ‘United States person’ have the meaning given such 

8 terms in section 101. 

9 ‘‘(b) INJURY IN FACT.—In any claim in a civil action 

10 brought in a court of the United States relating to the 

11 acquisition, copying, querying, retention, access, or use of 

12 information acquired under this Act or pursuant to any 

13 other authority of the executive branch of the Federal 

14 Government, by a United States person or person located 

15 inside the United States, the person asserting the claim 

16 has suffered an injury-in-fact traceable to that conduct if 

17 the person— 

18 ‘‘(1)(A) regularly communicates foreign intel19 ligence information with persons who are not United 

20 States persons and who are located outside the 

21 United States; and 

22 ‘‘(B) has taken or is taking objectively reasonable 

23 measures to avoid the acquisition, copying, querying, re24 tention, access, or use of the person’s information under 


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1 this Act or pursuant to another authority of the executive 

2 branch of the Federal Government; or 

3 ‘‘(2) has a reasonable basis to believe that the 

4 person’s rights have been, are being, or imminently 

5 will be violated by an individual acting under color 

6 of Federal law. 

7 ‘‘(c) REASONABLE BASIS.—For the purposes of this 

8 section, a reasonable basis exists when the person dem9 onstrates a concrete injury arising from a good-faith belief 

10 that the person’s rights have been, are being, or immi11 nently will be violated through the acquisition, copying, 

12 querying, retention, access, or use of the person’s informa13 tion under this Act or pursuant to any other authority 

14 of the executive branch of the Federal Government. 

15 ‘‘(d) STATE SECRETS PRIVILEGE ABROGATED.—The 

16 state secrets privilege is abrogated, and the procedure set 

17 forth in section 106(f) shall apply, with respect to any 

18 claim where the plaintiff, who is a United States person 

19 or person located in the United States, plausibly alleges 

20 an injury-in-fact relating to the acquisition, copying, 

21 querying, retention, access, or use of information acquired 

22 under this Act or pursuant to another authority of the 

23 executive branch of the Federal Government and plausibly 

24 alleges that the acquisition, copying, querying, retention, 


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1 access, or use of information violates the Constitution or 

2 laws of the United States.’’. 

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

4 of the Foreign Intelligence Surveillance Act of 1978, as 

5 amended by section 202, is further amended by adding 

6 at the end the following: 

‘‘TITLE X—ADDITIONAL MATTERS 

‘‘Sec. 1001. Challenges to Government surveillance.’’. 

7 SEC. 211. ACCOUNTABILITY PROCEDURES FOR VIOLATIONS 

8 BY FEDERAL EMPLOYEES. 

9 (a) IN GENERAL.—Title X of the Foreign Intel10 ligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.), 

11 as added by this title, is amended by adding at the end 

12 the following: 

13 ‘‘SEC. 1002. ACCOUNTABILITY PROCEDURES FOR VIOLA14 TIONS BY FEDERAL EMPLOYEES. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘appropriate committees of Con18 gress’ has the meaning given such term in section 

19 101. 

20 ‘‘(2) COVERED AGENCY.—The term ‘covered 

21 agency’ means the Federal Bureau of Investigation, 

22 the Central Intelligence Agency, the National Secu23 rity Agency, and the National Counterterrorism 

24 Center. 


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1 ‘‘(3) COVERED VIOLATION.—The term ‘covered 

2 violation’ means a violation of this Act or Executive 

3 Order 12333 (50 U.S.C. 3001 note; relating to 

4 United States intelligence activities), or successor 

5 order, by an employee of a covered agency that re6 sults in the inappropriate collection, use, querying, 

7 or dissemination of any communication, record, or 

8 information of a United States person or a person 

9 inside the United States. 

10 ‘‘(4) PERSON, UNITED STATES, AND UNITED

11 STATES PERSON.—The terms ‘person’, ‘United 

12 States’, and ‘United States person’ have the mean13 ings given such terms in section 101. 

14 ‘‘(b) ACCOUNTABILITY PROCEDURES; DESIGNATED

15 INVESTIGATIVE ENTITY.—The head of each covered agen16 cy shall— 

17 ‘‘(1) establish procedures to hold employees of 

18 the covered agency accountable for willful, knowing, 

19 reckless, and negligent covered violations; and 

20 ‘‘(2)(A) designate an entity within the agency 

21 to investigate possible willful, knowing, reckless, and 

22 negligent covered violations; and 

23 ‘‘(B) establish an internal process for the designated 

24 entity to determine culpability for willful, knowing, reck25 less, and negligent covered violations. 


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1 ‘‘(c) ELEMENTS.—The procedures established under 

2 subsection (b)(1) shall include the following: 

3 ‘‘(1) Centralized tracking of individual employee 

4 performance incidents involving willful, knowing, 

5 reckless, and negligent covered violations, over time. 

6 ‘‘(2) Escalating consequences for willful, know7 ing, reckless, and negligent covered violations, in8 cluding— 

9 ‘‘(A) consequences for an initial reckless or 

10 negligent covered violation, including, at a min11 imum— 

12 ‘‘(i) suspension of access to informa13 tion acquired under this Act or to the 

14 dataset that gave rise to the violation for 

15 not less than 90 days; and 

16 ‘‘(ii) documentation of the incident in 

17 the personnel file of each employee respon18 sible for the violation; 

19 ‘‘(B) consequences for a second reckless or 

20 negligent covered violation, including, at a min21 imum— 

22 ‘‘(i) suspension of access to informa23 tion acquired under this Act or to the 

24 dataset that gave rise to the violation for 

25 not less than 180 days; and 


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1 ‘‘(ii) reassignment of each employee 

2 responsible for the violation; 

3 ‘‘(C) consequences for a third reckless or 

4 negligent covered violation, including, at a min5 imum— 

6 ‘‘(i) termination of security clearance; 

7 and 

8 ‘‘(ii) reassignment or termination of 

9 each employee responsible for the violation; 

10 ‘‘(D) consequences for an initial willful or 

11 knowing covered violation, including, at a min12 imum— 

13 ‘‘(i) suspension of access to informa14 tion acquired under this Act or to the 

15 dataset that gave rise to the violation for 

16 not less than 180 days; and 

17 ‘‘(ii) reassignment of each employee 

18 responsible for the violation; and 

19 ‘‘(E) consequences for a second willful or 

20 knowing covered violation, including, at a min21 imum— 

22 ‘‘(i) termination of security clearance; 

23 and 

24 ‘‘(ii) reassignment or termination of 

25 each employee responsible for the violation. 


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1 ‘‘(d) PRESUMPTION OF TERMINATION.— 

2 ‘‘(1) IN GENERAL.—For purposes of subpara3 graphs (C)(ii) and (E)(ii) of subsection (c)(2), there 

4 shall be a presumption in favor of termination of an 

5 employee. 

6 ‘‘(2) JUSTIFICATION.—If the head of a covered 

7 agency determines not to terminate an employee for 

8 a third reckless or negligent violation under subpara9 graph (C)(ii) of subsection (c)(2) or a second willful 

10 or knowing violation under subparagraph (E)(ii) of 

11 that subsection, the agency head shall submit to the 

12 appropriate committees of Congress a written jus13 tification for the determination. 

14 ‘‘(e) TIMING.—If a covered agency determines, 

15 through an investigation, that an employee committed a 

16 willful, knowing, reckless, or negligent covered violation, 

17 the agency head shall determine what consequences to im18 pose on the employee under subsection (c)(2) not later 

19 than 60 days after the conclusion of the investigation.’’. 

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

21 for such Act is amended by inserting after the item relat22 ing to section 1001, as added by this title, the following: 

‘‘Sec. 1002. Accountability procedures for violations by Federal employees.’’. 

23 (c) REPORT REQUIRED.— 

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

25 after the date of the enactment of this Act, the head 


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1 of each covered agency, as defined in section 710 of 

2 the Foreign Intelligence Surveillance Act of 1978 (as 

3 added by subsection (a)), shall submit to the appro4 priate committees of Congress a report detailing— 

5 (A) the procedures established under sec6 tion 710 of the Foreign Intelligence Surveil7 lance Act of 1978, as added by subsection (a); 

8 and 

9 (B) a description of any actions taken pur10 suant to such procedures. 

11 (2) FORM.—The report required by paragraph 

12 (1) shall be submitted in unclassified form, but may 

13 include a classified annex to the extent necessary to 

14 protect sources and methods. 

15 TITLE III—REFORMS RELATED 

16 TO SURVEILLANCE CON17 DUCTED UNDER EXECUTIVE 

18 ORDER 12333 

19 SEC. 301. DEFINITIONS. 

20 In this title: 

21 (1) INTELLIGENCE, INTELLIGENCE COMMU22 NITY, AND FOREIGN INTELLIGENCE.—The terms 

23 ‘‘intelligence’’, ‘‘intelligence community’’, and ‘‘for24 eign intelligence’’ have the meanings given such 


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1 terms in section 3 of the National Security Act of 

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

3 (2) ELECTRONIC SURVEILLANCE, PERSON, 

4 STATE, UNITED STATES, AND UNITED STATES PER5 SON.—The terms ‘‘electronic surveillance’’, ‘‘per6 son’’, ‘‘State’’, ‘‘United States’’, and ‘‘United States 

7 person’’ have the meanings given such terms in sec8 tion 101 of the Foreign Intelligence Surveillance Act 

9 of 1978 (50 U.S.C. 1801). 

10 SEC. 302. PROHIBITION ON WARRANTLESS QUERIES FOR 

11 THE COMMUNICATIONS OF UNITED STATES 

12 PERSONS AND PERSONS LOCATED IN THE 

13 UNITED STATES. 

14 (a) IN GENERAL.—Except as provided in subsections 

15 (b) and (c), no officer or employee of the Federal Govern16 ment may conduct a query of information acquired pursu17 ant to Executive Order 12333 (50 U.S.C. 3001 note; re18 lating to United States intelligence activities), or successor 

19 order, in an effort to find communications or information 

20 the compelled production of which would require a prob21 able cause warrant if sought for law enforcement purposes 

22 in the United States of or about 1 or more United States 

23 persons or persons reasonably believed to be located in the 

24 United States at the time of the query or the time of the 

25 communication or creation of the information. 


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1 (b) CONCURRENT AUTHORIZATION, CONSENT, AND

2 EXCEPTION FOR EMERGENCY SITUATIONS.— 

3 (1) IN GENERAL.—Subsection (a) shall not 

4 apply to a query relating to United States person or 

5 persons reasonably believed to be located in the 

6 United States at the time of the query or the time 

7 of the communication or creation of the information 

8 if— 

9 (A) such persons or person are the subject 

10 of an order or emergency authorization author11 izing electronic surveillance or physical search 

12 under section 105 or 304 of the Foreign Intel13 ligence Surveillance Act of 1978 (50 U.S.C. 

14 1805, 1824 ), or a warrant issued pursuant to 

15 the Federal Rules of Criminal Procedure by a 

16 court of competent jurisdiction covering the pe17 riod of the query; 

18 (B)(i) the officer or employee carrying out 

19 the query has a reasonable belief that— 

20 (I) an emergency exists involving an 

21 imminent threat of death or serious bodily 

22 harm; and 

23 (II) in order to prevent or mitigate 

24 this threat, the query must be conducted 

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1 graph (A) can, with due diligence, be ob2 tained; and 

3 (ii) a description of the query is provided to the con4 gressional intelligence committees (as defined in section 

5 3 of the National Security Act of 1947 (50 U.S.C. 3003)) 

6 in a timely manner; 

7 (C) such persons or, if such person is in8 capable of providing consent, a third party le9 gally authorized to consent on behalf of the per10 son, has provided consent to the query on a 

11 case-by-case basis; or 

12 (D)(i) the query uses a known cybersecu13 rity threat signature as a query term; 

14 (ii) the query is conducted, and the results of the 

15 query are used, for the sole purpose of identifying targeted 

16 recipients of malicious software and preventing or miti17 gating harm from such malicious software; 

18 (iii) no additional contents of communications re19 trieved as a result of the query are accessed or reviewed; 

20 and 

21 (iv) all such queries are reported to the Foreign Intel22 ligence Surveillance Court. 

23 (2) LIMITATIONS.— 

24 (A) USE IN SUBSEQUENT PROCEEDINGS

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1 trieved pursuant to a query authorized by para2 graph (1)(B) or evidence derived from such 

3 query may be used, received in evidence, or oth4 erwise disseminated in any investigation, trial, 

5 hearing, or other proceeding in or before any 

6 court, grand jury, department, office, agency, 

7 regulatory body, legislative committee, or other 

8 authority of the United States, a State, or polit9 ical subdivision thereof, except in a proceeding 

10 or investigation that arises from the threat that 

11 prompted the query. 

12 (B) ASSESSMENT OF COMPLIANCE.—Not 

13 less frequently than annually, the Attorney 

14 General shall assess compliance with the re15 quirements under subparagraphs (A). 

16 (c) MATTERS RELATING TO EMERGENCY QUE17 RIES.— 

18 (1) TREATMENT OF DENIALS.—In the event 

19 that a query for communications or information the 

20 compelled production of which would require a prob21 able cause warrant if sought for law enforcement 

22 purposes in the United States relating to 1 or more 

23 United States persons or persons reasonably believed 

24 to be located in the United States at the time of the 

25 query or the time of communication, or creation of 


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1 the information is conducted pursuant to an emer2 gency authorization described in subsection 

3 (b)(1)(A) and the application for such emergency 

4 authorization is denied, or in any other case in 

5 which the query has been conducted and no order is 

6 issued approving the query— 

7 (A) no information obtained or evidence 

8 derived from such query may be used, received 

9 in evidence, or otherwise disseminated in any 

10 investigation, trial, hearing, or other proceeding 

11 in or before any court, grand jury, department, 

12 office, agency, regulatory body, legislative com13 mittee, or other authority of the United States, 

14 a State, or political subdivision thereof; and 

15 (B) no information concerning any United 

16 States person or person reasonably believed to 

17 be located in the United States at the time of 

18 acquisition or the time of communication or 

19 creation of the information acquired from such 

20 query may subsequently be used or disclosed in 

21 any other manner without the consent of such 

22 person, except with the approval of the Attor23 ney General if the information indicates a 

24 threat of death or serious bodily harm to any 

25 person. 


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1 (2) ASSESSMENT OF COMPLIANCE.—Not less 

2 frequently than annually, the Attorney General shall 

3 assess compliance with the requirements under para4 graph (1). 

5 (d) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

6 1978.—This section shall not apply to queries of commu7 nications and information collected pursuant to the For8 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

9 1801 et seq.). 

10 (e) FOREIGN INTELLIGENCE PURPOSE.—Except as 

11 provided in subsection (b)(1), no officer or employee of 

12 the United States may conduct a query of information ac13 quired pursuant to Executive Order 12333 (50 U.S.C. 

14 3001 note; relating to United States intelligence activi15 ties), or successor order, in an effort to find information 

16 of our about 1 or more United States persons or persons 

17 reasonably believed to be located in the United States at 

18 the time of the query or the time of communication or 

19 creation of the information unless the query is reasonably 

20 likely to retrieve foreign intelligence information. 

21 (f) DOCUMENTATION.—No officer or employee of the 

22 Federal Government may conduct a query of information 

23 acquired pursuant to Executive Order 12333 (50 U.S.C. 

24 3001 note; relating to United States intelligence activi25 ties), or successor order, in an effort to find information 


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1 of or about 1 or more United States persons or persons 

2 reasonably believed to be located in the United States at 

3 the time of the query or the time of the communication 

4 or creation of the information unless first an electronic 

5 record is created, and a system, mechanism, or business 

6 practice is in place to maintain such record, that includes 

7 the following: 

8 (1) Each term used for the conduct of the 

9 query. 

10 (2) The date of the query. 

11 (3) The identifier of the officer or employee. 

12 (4) A statement of facts showing that the use 

13 of each query term included under paragraph (1) is 

14 reasonably likely to retrieve foreign intelligence in15 formation. 

16 (g) PROHIBITION ON RESULTS OF METADATA

17 QUERY AS A BASIS FOR ACCESS TO COMMUNICATIONS

18 AND OTHER PROTECTED INFORMATION.—If a query of 

19 information is conducted in an effort to find communica20 tions metadata of 1 or more United States persons or per21 sons reasonably believed to be located in the United States 

22 at the time of acquisition or communication and the query 

23 returns such information, the results of the query may not 

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1 mation a query for which is otherwise prohibited under 

2 this sections. 

3 SEC. 303. PROHIBITION ON REVERSE TARGETING OF 

4 UNITED STATES PERSONS AND PERSONS LO5 CATED IN THE UNITED STATES. 

6 (a) PROHIBITION ON ACQUISITION.— 

7 (1) PROHIBITION WITH EXCEPTIONS.—No offi8 cer or employee of the United States may inten9 tionally target, pursuant to Executive Order 12333 

10 (50 U.S.C. 3001 note; relating to United States in11 telligence activities), or successor order, any person 

12 if a significant purpose of the acquisition is to target 

13 1 or more United States persons or persons reason14 ably believed to be located in the United States at 

15 the time of acquisition, communication, or the cre16 ation of the information as prohibited by Section 

17 703 of the Foreign Intelligence Surveillance Act of 

18 1978, as added by section 201 of this Act, unless— 

19 (A)(i) there is a reasonable belief that an 

20 emergency exists involving a threat of imminent 

21 death or serious bodily harm to such United 

22 States person or person reasonably believed to 

23 be in the United States at the time of the query 

24 or the time of acquisition or communication; 


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1 (ii) the information is sought for the purpose of as2 sisting that person; and 

3 (iii) a description of the targeting is provided to the 

4 congressional intelligence committees (as defined in sec5 tion 3 of the National Security Act of 1947 (50 U.S.C. 

6 3003)) in a timely manner; or 

7 (B) the United States person or persons 

8 reasonably believed to be located in the United 

9 States at the time of acquisition, communica10 tion or creation of the information has provided 

11 consent to the targeting, or if such person is in12 capable of providing consent, a third party le13 gally authorized to consent on behalf of such 

14 person has provided consent. 

15 (2) LIMITATION ON EXCEPTION.—No informa16 tion acquired pursuant to paragraph (1)(A) or evi17 dence derived from such targeting may be used, re18 ceived in evidence, or otherwise disseminated in any 

19 investigation, trial, hearing, or other proceeding in 

20 or before any court, grand jury, department, office, 

21 agency, regulatory body, legislative committee, or 

22 other authority of the United States, a State, or po23 litical subdivision thereof, except in proceedings or 

24 investigations that arise from the threat that 

25 prompted the targeting. 


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1 (b) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

2 1978 AND CRIMINAL WARRANTS.—This section shall not 

3 apply to— 

4 (1) an acquisition carried out pursuant to both 

5 section 702 of the Foreign Intelligence Surveillance 

6 Act of 1978 (50 U.S.C. 1881a), as amended by sec7 tion 103 of this Act, and section 703(b)(2) of the 

8 Foreign Intelligence Surveillance Act of 1978, as 

9 added by section 201 of this Act; 

10 (2) an acquisition authorized under section 105 

11 or 304 of the Foreign Intelligence Surveillance act 

12 of 1978 (50 U.S.C. 1805 and 1824); or 

13 (3) an acquisition pursuant to a warrant issued 

14 pursuant to the Federal Rules of Criminal Proce15 dure. 

16 SEC. 304. PROHIBITION ON INTELLIGENCE ACQUISITION 

17 OF UNITED STATES PERSON DATA. 

18 (a) DEFINITIONS.—In this section: 

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

20 means data, derived data, or any unique identifier 

21 that— 

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

23 a covered person; and 

24 (B) does not include data that— 


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1 (i) is lawfully available to the public 

2 through Federal, State, or local govern3 ment records or through widely distributed 

4 media; 

5 (ii) is reasonably believed to have been 

6 voluntarily made available to the general 

7 public by the covered person; or 

8 (iii) is a specific communication or 

9 transaction with a targeted individual who 

10 is not a covered person. 

11 (2) COVERED PERSON.—The term ‘‘covered 

12 person’’ means an individual who— 

13 (A) is reasonably believed to be located in 

14 the United States at the time of the creation or 

15 the time of acquisition of the covered data; or 

16 (B) is a United States person. 

17 (b) LIMITATION.— 

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

19 through (7), an element of the intelligence commu20 nity may not acquire a dataset that includes covered 

21 data. 

22 (2) AUTHORIZATION PURSUANT TO THE FOR23 EIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.— 

24 An element of the intelligence community may ac25 quire covered data if the data has been authorized 


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1 for collection pursuant to an order or emergency au2 thorization pursuant to the Foreign Intelligence Sur3 veillance Act of 1978 (50 U.S.C. 1801 et seq.) or 

4 the Federal Rules of Criminal Procedure by a court 

5 of competent jurisdiction covering the period of the 

6 acquisition, subject to the use, dissemination, 

7 querying, retention, and other minimization limita8 tions required by such authorization. 

9 (3) AUTHORIZATION FOR EMPLOYMENT-RE10 LATED USE.—An element of the intelligence commu11 nity may acquire covered data about an employee of, 

12 or applicant for employment by, an element of the 

13 intelligence community for employment-related pur14 poses, provided that— 

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

16 is limited to such purposes; and 

17 (B) the covered data is destroyed at such 

18 time as it is no longer necessary for such pur19 poses. 

20 (4) EXCEPTION FOR COMPLIANCE PURPOSES.— 

21 An element of the intelligence community may ac22 quire covered data for the purpose of supporting 

23 compliance with collection limitations and minimiza24 tion requirements imposed by statute, guidelines, 


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1 procedures, or the United States Constitution, pro2 vided that— 

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

4 is limited to such purpose; and 

5 (B) the covered data is destroyed at such 

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

8 (5) EXCEPTION FOR LIFE OR SAFETY.—An ele9 ment of the intelligence community may acquire cov10 ered data if— 

11 (A) there is a reasonable belief that— 

12 (i) an emergency exists involving an 

13 imminent threat of death or serious bodily 

14 harm; and 

15 (ii) in order to prevent or mitigate 

16 this threat, the acquisition must be con17 ducted before authorization pursuant to 

18 paragraph (2) can, with due diligence, be 

19 obtained; 

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

21 is limited to addressing the threat; 

22 (C) the covered data is destroyed at such 

23 time as it is no longer necessary for such pur24 pose; and 


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1 (D) a description of the acquisition is pro2 vided to the congressional intelligence commit3 tees (as defined in section 3 of the National Se4 curity Act of 1947 (50 U.S.C. 3003)) in a time5 ly manner. 

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

7 the intelligence community may acquire covered data 

8 if— 

9 (A) each covered person linked or reason10 ably linked to the covered data, or, if such per11 son is incapable of providing consent, a third 

12 party legally authorized to consent on behalf of 

13 the person, has provided consent to the acquisi14 tion and use of the data on a case-by-case 

15 basis; 

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

17 is limited to the purposes for which the consent 

18 was provided; and 

19 (C) the covered data is destroyed at such 

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

22 (7) EXCEPTION FOR NONSEGREGABLE DATA.— 

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1 quisition, provided that the element of the intel2 ligence community complies with the minimization 

3 procedures in subsection (c). 

4 (c) MINIMIZATION PROCEDURES.— 

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

6 adopt specific procedures that are reasonably de7 signed to minimize the acquisition and retention of 

8 covered data that is not subject to 1 or more of the 

9 exceptions set forth in subsection (b). 

10 (2) ACQUISITION AND RETENTION.—The proce11 dures adopted under paragraph (1) shall require ele12 ments of the intelligence community to exhaust all 

13 reasonable means— 

14 (A) to exclude covered data not subject to 

15 1 or more exceptions set forth in subsection (b) 

16 from datasets prior to acquisition; and 

17 (B) to remove and delete covered data not 

18 subject to 1 or more exceptions set forth in sub19 section (b) prior to the operational use of the 

20 acquired dataset or the inclusion of the dataset 

21 in a database intended for operational use. 

22 (3) DESTRUCTION.—The procedures adopted 

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

24 of the intelligence community identifies covered data 


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1 acquired in violation of subsection (b), such covered 

2 data shall be promptly destroyed. 

3 (d) PROHIBITION ON USE OF DATA OBTAINED IN

4 VIOLATION OF THIS SECTION.—Covered data acquired by 

5 an element of the intelligence community in violation of 

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

7 not be used, received in evidence, or otherwise dissemi8 nated in any investigation, trial, hearing, or other pro9 ceeding in or before any court, grand jury, department, 

10 office, agency, regulatory body, legislative committee, or 

11 other authority of the United States, a State, or political 

12 subdivision thereof. 

13 (e) REPORTING REQUIREMENT.— 

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

15 after the date of the enactment of this Act, the Di16 rector of National Intelligence shall submit to the 

17 appropriate committees of Congress and the Privacy 

18 and Civil Liberties Oversight Board a report on the 

19 acquisition of datasets that the Director anticipates 

20 will contain information of covered persons that is 

21 significant in volume, proportion, or sensitivity. 

22 (2) CONTENTS.—The report submitted pursu23 ant to paragraph (1) shall include the following: 

24 (A) A description of the covered person in25 formation in each dataset. 


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1 (B) An estimate of the amount of covered 

2 person information in each dataset. 

3 (3) NOTIFICATIONS.—After submitting the re4 port required by paragraph (1), the Director shall, 

5 in coordination with the Under Secretary, notify the 

6 appropriate committees of Congress of any changes 

7 to the information contained in such report. 

8 (4) AVAILABILITY TO THE PUBLIC.—The Direc9 tor shall make available to the public on the website 

10 of the Director— 

11 (A) the unclassified portion of the report 

12 submitted pursuant to paragraph (1); and 

13 (B) any notifications submitted pursuant 

14 to paragraph (3). 

15 (f) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall authorize an acquisition otherwise prohibited by 

17 this title, the Foreign Intelligence Surveillance Act of 

18 1978 (50 U.S.C. 1801 et seq.), or title 18, United States 

19 Code. 

20 SEC. 305. PROHIBITION ON THE WARRANTLESS ACQUISI21 TION OF DOMESTIC COMMUNICATIONS. 

22 (a) IN GENERAL.—No officer or employee of the 

23 United States may intentionally acquire pursuant to Exec24 utive Order 12333 (50 U.S.C. 3001 note; relating to 

25 United States intelligence activities), or successor order, 


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1 any communication as to which the sender and all in2 tended recipients are known to be located in the United 

3 States at the time of acquisition or the time of commu4 nication except— 

5 (1) as authorized under section 105 or 304 the 

6 Foreign Intelligence Surveillance Act of 1978 (50 

7 U.S.C. 1805 and 1824); or 

8 (2) if— 

9 (A) there is a reasonable belief that— 

10 (i) an emergency exists involving the 

11 imminent threat of death or serious bodily 

12 harm; and 

13 (ii) in order to prevent or mitigate 

14 this threat, the acquisition must be con15 ducted before an authorization pursuant to 

16 the provisions of law cited in paragraph 

17 (1) can, with due diligence, be obtained; 

18 and 

19 (B) a description of the acquisition is pro20 vided to the congressional intelligence commit21 tees (as defined in section 3 of the National Se22 curity Act of 1947 (50 U.S.C. 3003)) in a time23 ly manner. 

24 (b) USE IN SUBSEQUENT PROCEEDINGS AND INVES25 TIGATIONS.—No information acquired pursuant to an 


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1 emergency described in subsection (a)(2) or information 

2 derived from such acquisition may be used, received in evi3 dence, or otherwise disseminated in any investigation, 

4 trial, hearing, or other proceeding in or before any court, 

5 grand jury, department, office, agency, regulatory body, 

6 legislative committee, or other authority of the United 

7 States, a State, or political subdivision thereof, except in 

8 a proceeding or investigation that arises from the threat 

9 that prompted the acquisition. 

10 SEC. 306. DATA RETENTION LIMITS. 

11 (a) PROCEDURES.—Each head of an element of the 

12 Intelligence Community shall develop and implement pro13 cedures governing the retention of information collected 

14 pursuant to Executive Order 12333 (50 U.S.C. 3001 note; 

15 relating to United States intelligence activities), or suc16 cessor order. 

17 (b) REQUIREMENTS.— 

18 (1) COVERED INFORMATION DEFINED.—In this 

19 subsection, the term ‘‘covered information’’ in20 cludes— 

21 (A) any information, including an 

22 encrypted communication, to, from, or per23 taining to a United States person or person 

24 reasonably believed to be located in the United 

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1 tion, or creation of the information that has 

2 been evaluated and is not specifically known to 

3 contain foreign intelligence information; and 

4 (B) any unevaluated information, unless it 

5 can reasonably be determined that the 

6 unevaluated information does not contain com7 munications to or from, or information per8 taining to a United States person or person 

9 reasonably believed to be located in the United 

10 States at the time of acquisition, communica11 tion, or creation of the information. 

12 (2) IN GENERAL.—The procedures developed 

13 and implemented pursuant to subsection (a) shall 

14 ensure, with respect to information described in such 

15 subsection, that covered information shall be de16 stroyed within 5 years of collection unless the Attor17 ney General determines in writing that— 

18 (A) the information is the subject of a 

19 preservation obligation in pending administra20 tive, civil, or criminal litigation, in which case 

21 the covered information shall be segregated, re22 tained, and used solely for that purpose and 

23 shall be destroyed as soon as it is no longer re24 quired to be preserved for such litigation; or 


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1 (B) the information is being used in a pro2 ceeding or investigation in which the informa3 tion is directly related to and necessary to ad4 dress a specific threat identified in section 

5 706(a)(2)(B) of the Foreign Intelligence Sur6 veillance Act of 1978 (50 U.S.C. 

7 1881e(a)(2)(B)), as amended by section 102. 

8 SEC. 307. REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE 

9 ORDER. 

10 Section 511 of the National Security Act of 1947 (50 

11 U.S.C. 3110) is amended by adding at the end the fol12 lowing: 

13 ‘‘(c) PUBLIC AVAILABILITY.—The Director of Na14 tional Intelligence shall make each report submitted under 

15 subsection (a) publicly available on an internet website, 

16 with such redactions as may be necessary to protect 

17 sources and methods. 

18 ‘‘(d) DEPARTMENT OF JUSTICE REPORT.—The At19 torney General, in consultation with the Director of Na20 tional Intelligence, shall submit to the Committee on the 

21 Judiciary of the Senate and the Committee on the Judici22 ary of the House of Representatives a version of the report 

23 described in subsection (a) that only addresses violations 

24 of the Foreign Intelligence Surveillance Act of 1978 (50 

25 U.S.C. 1801 et seq.).’’. 


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1 TITLE IV—INDEPENDENT 

2 OVERSIGHT 

3 SEC. 401. INSPECTOR GENERAL OVERSIGHT OF ORDERS 

4 UNDER THE FOREIGN INTELLIGENCE SUR5 VEILLANCE ACT OF 1978. 

6 (a) AUDIT.—Not later than 1 year after the date of 

7 the enactment of this Act, the Inspector General of the 

8 Department of Justice and the Inspector General of each 

9 element of the intelligence community shall each initiate 

10 an audit of the applications for court orders made under 

11 the Foreign Intelligence Surveillance Act of 1978 (50 

12 U.S.C. 1801 et seq.) and directives issued under section 

13 702(i) of such Act by the Department or the element, re14 spectively. 

15 (b) SCOPE; CONTENTS.—In conducting an audit 

16 under subsection (a)— 

17 (1) an Inspector General shall— 

18 (A) review such sample of applications and 

19 directives described in such subsection as the 

20 Inspector General determines appropriate in 

21 order to carry out the objectives of this section; 

22 (B) assess whether— 

23 (i) adequate safeguards are in place to 

24 ensure that the assertions made in applica25 tions are scrupulously accurate; 


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1 (ii) adequate safeguards are in place 

2 to ensure that each application includes all 

3 material information, including any infor4 mation that suggests that the court should 

5 deny the application or that the court 

6 should include one or more conditions in 

7 an order, as required under section 901 of 

8 the Foreign Intelligence Surveillance Act of 

9 1978, as added by section 202(a); and 

10 (iii) in the determination of the In11 spector General, there are any other areas 

12 of potential risk or violation; and 

13 (C) make recommendations to address any 

14 deficiencies identified by the Inspector General; 

15 and 

16 (2) the Inspector General of the Department of 

17 Justice shall assess the information provided by the 

18 Department of Justice under section 903 and in19 clude a determination on the accuracy and complete20 ness of the information provided under that section. 

21 (c) REPORT.— 

22 (1) IN GENERAL.—For each audit conducted by 

23 an Inspector General under subsection (a), such In24 spector General shall submit to the persons specified 

25 in paragraph (2) a report of the audit, including 


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1 findings and recommendations of the Inspector Gen2 eral and any remediations taken by the Department 

3 or element, respectively. 

4 (2) PERSONS SPECIFIED.—The persons speci5 fied in this paragraph are the following: 

6 (A) The Attorney General. 

7 (B) The Director of National Intelligence. 

8 (C) The Privacy and Civil Liberties Over9 sight Board. 

10 (D) The appropriate committees of Con11 gress. 

12 (E) The Foreign Intelligence Surveillance 

13 Court (as defined in section 601(e) of the For14 eign Intelligence Surveillance Act of 1978 (50 

15 U.S.C. 1871(e))). 

16 (F) Any amicus curiae appointed under 

17 section 103(i)(2) of the Foreign Intelligence 

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

19 1803(i)(2)). 

20 (d) COOPERATION.—The Attorney General and head 

21 of each element of the intelligence community shall ensure 

22 full and complete cooperation with the respective Inspector 

23 General conducting an audit under subsection (a), includ24 ing by providing access to all evidence and information 

25 relevant to the assessments required under subsection 


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1 (b)(2), subject to such procedures as are necessary to pro2 tect the national security of the United States. 

3 (e) AVAILABILITY TO THE PUBLIC.—The Inspector 

4 General of each element of the intelligence community 

5 shall each make publicly available on a website of the rel6 evant element an unclassified version of any report sub7 mitted under subsection (c) by the respective Inspector 

8 General. 

9 SEC. 402. DEPARTMENT OF JUSTICE INSPECTOR GENERAL 

10 REVIEW OF HIGH INTENSITY DRUG TRAF11 FICKING AREA SURVEILLANCE PROGRAMS. 

12 (a) DEFINITION.—In this section: 

13 (1) COVERED HIDTA SURVEILLANCE PRO14 GRAM.—The term ‘‘covered HIDTA surveillance pro15 gram’’ means a HIDTA surveillance program in 

16 which a non-Federal Government entity provides to 

17 law enforcement agencies access to a database main18 tained by that entity containing information on more 

19 than 1,000,000 United States persons or persons in 

20 the United States. 

21 (2) HIDTA SURVEILLANCE PROGRAM.—The 

22 term ‘‘HIDTA surveillance program’’ means a pro23 gram that— 


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1 (A) enables law enforcement agencies to 

2 share, query, receive, or process information on 

3 United States persons; 

4 (B) is operated by, or receives funding 

5 from 1 or more high intensity drug trafficking 

6 areas; and 

7 (C) is supported financially, in whole or in 

8 part, with Federal funds. 

9 (3) UNITED STATES PERSON.—The term 

10 ‘‘United States person’’ has the meaning given the 

11 term in the Foreign Intelligence Surveillance Act of 

12 1978 (50 U.S.C. 1801). 

13 (b) REVIEW.—The Inspector General of the Depart14 ment of Justice shall— 

15 (1) in the case of a HIDTA surveillance pro16 gram established before the date of the enactment of 

17 this Act, conduct a review of such HIDTA surveil18 lance program— 

19 (A) not later than 180 days after the ear20 lier of— 

21 (i) the date of the enactment of this 

22 Act; or 

23 (ii) the date such HIDTA surveillance 

24 program becomes a covered HIDTA sur25 veillance program; and 


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1 (B) not less frequently than once every 5 

2 years for as long as such HIDTA surveillance 

3 program is a covered HIDTA surveillance pro4 gram; and 

5 (2) in the case of a HIDTA surveillance pro6 gram established after the date of the enactment of 

7 this Act, conduct a review of such HIDTA surveil8 lance program— 

9 (A) not later than 180 days after the 

10 HIDTA surveillance program becomes a cov11 ered HIDTA surveillance program; and 

12 (B) not less frequently than once every 5 

13 years for as long as such HIDTA surveillance 

14 program is a covered HIDTA surveillance pro15 gram. 

16 SEC. 403. INTELLIGENCE COMMUNITY PARITY AND COMMU17 NICATIONS WITH PRIVACY AND CIVIL LIB18 ERTIES OVERSIGHT BOARD. 

19 (a) WHISTLEBLOWER PROTECTIONS FOR MEMBERS

20 OF INTELLIGENCE COMMUNITY FOR COMMUNICATIONS

21 WITH PRIVACY AND CIVIL LIBERTIES OVERSIGHT

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

23 1947 (50 U.S.C. 3234) is amended— 

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

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


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

2 General of the Intelligence Community,’’; and 

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

4 clause (i), by inserting ‘‘the Privacy and Civil Lib5 erties Oversight Board,’’ after ‘‘Inspector General of 

6 the Intelligence Community,’’. 

7 (b) PARITY IN PAY FOR PRIVACY AND CIVIL LIB8 ERTIES OVERSIGHT BOARD STAFF AND THE INTEL9 LIGENCE COMMUNITY.—Section 1061(j)(1) of the Intel10 ligence Reform and Terrorism Prevention Act of 2004 (42 

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

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

13 inserting ‘‘except that no rate of pay fixed under this sub14 section may exceed the highest amount paid by any ele15 ment of the intelligence community for a comparable posi16 tion, based on salary information provided to the chairman 

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

18 SEC. 404. CONGRESSIONAL OVERSIGHT OF GRANTS OF IM19 MUNITY BY THE ATTORNEY GENERAL FOR 

20 WARRANTLESS SURVEILLANCE ASSISTANCE. 

21 (a) IN GENERAL.—Section 2511(2)(a) of title 18, 

22 United States Code, is amended by adding at the end the 

23 following: 

24 ‘‘(iv) Not later than 30 days after providing a certifi25 cation described in clause (B) of the first sentence of subVerDate Sep 11 2014 22:49 Nov 18, 2023 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S3234.IS S3234

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1 paragraph (ii) to a provider of wire or electronic commu2 nication service, an officer, employee, or agent thereof, a 

3 landlord, a custodian, or another person, the person pro4 viding the certification shall submit the certification to the 

5 appropriate committees of Congress, as defined in section 

6 101 of the Foreign Intelligence Surveillance Act of 1978 

7 (50 U.S.C. 1801).’’. 

8 (b) ONGOING PROGRAMS.— 

9 (1) DEFINITIONS.—In this subsection— 

10 (A) the term ‘‘appropriate committees of 

11 Congress’’ has the meaning given that term in 

12 section 101 of the Foreign Intelligence Surveil13 lance Act of 1978 (50 U.S.C. 1801), as amend14 ed by section 2 of this Act; 

15 (B) the terms ‘‘electronic communication’’, 

16 ‘‘electronic communication service’’, and ‘‘wire 

17 communication’’ have the meanings given such 

18 terms in section 2510 of title 18, United States 

19 Code; and 

20 (C) the term ‘‘ongoing certification’’ means 

21 a certification described in clause (B) of the 

22 first sentence of section 2511(2)(a)(ii) of title 

23 18, United States Code, pursuant to which a 

24 provider of wire or electronic communication 

25 service, an officer, employee, or agent thereof, 


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1 a landlord, a custodian, or another person is 

2 providing information, facilities, or technical as3 sistance on the date of enactment of this Act. 

4 (2) SUBMISSION.—Not later than 90 days after 

5 the date of enactment of this Act, the person that 

6 provided an ongoing certification to a provider of 

7 wire or electronic communication service, an officer, 

8 employee, or agent thereof, a landlord, a custodian, 

9 or another person shall submit the ongoing certifi10 cation to the appropriate committees of Congress. 

11 TITLE V—REFORMS TO THE 

12 ELECTRONIC COMMUNICA13 TIONS PRIVACY ACT OF 1986 

14 SEC. 501. WARRANT PROTECTIONS FOR LOCATION INFOR15 MATION, WEB BROWSING RECORDS, AND 

16 SEARCH QUERY RECORDS. 

17 (a) HISTORICAL LOCATION, WEB BROWSING, AND

18 SEARCH QUERIES.— 

19 (1) IN GENERAL.—Section 2703 of title 18, 

20 United States Code, is amended— 

21 (A) in subsection (a)— 

22 (i) in the subsection heading, by strik23 ing ‘‘CONTENTS OF WIRE OR ELECTRONIC

24 COMMUNICATIONS’’ and inserting ‘‘LOCA25 TION INFORMATION, WEB BROWSING


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1 RECORDS, SEARCH QUERY RECORDS, OR

2 CONTENTS OF WIRE OR ELECTRONIC

3 COMMUNICATIONS’’; and 

4 (ii) in the first sentence, by inserting 

5 ‘‘location information, a web browsing 

6 record, a search query record, or’’ before 

7 ‘‘the contents of a wire’’; and 

8 (B) in subsection (c)(1), in the matter pre9 ceding subparagraph (A), by inserting ‘‘location 

10 information, a web browsing record, a search 

11 query record, or’’ before ‘‘the contents’’. 

12 (2) DEFINITION.—Section 2711 of title 18, 

13 United States Code, is amended— 

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

15 by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘As 

16 used’’; 

17 (B) in subsection (a), as so designated— 

18 (i) in paragraph (3)(C), by striking 

19 ‘‘and’’ at the end; 

20 (ii) in paragraph (4), by striking the 

21 period at the end and inserting a semi22 colon; and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(5) the term ‘location information’ means in2 formation derived or otherwise calculated from the 

3 transmission or reception of a radio signal that re4 veals the approximate or actual geographic location 

5 of a customer, subscriber, user, or device; 

6 ‘‘(6) the term ‘web browsing record’— 

7 ‘‘(A) means a record that reveals, in part 

8 or in whole, the identity of a service provided 

9 by an online service provider, or the identity of 

10 a customer, subscriber, user, or device, for any 

11 attempted or successful communication or 

12 transmission between an online service provider 

13 and such a customer, subscriber, user, or de14 vice; 

15 ‘‘(B) includes a record that reveals, in part 

16 or in whole— 

17 ‘‘(i) the domain name, uniform re18 source locator, internet protocol address, 

19 or other identifier for a service provided by 

20 an online service provider with which a 

21 customer, subscriber, user, or device has 

22 exchanged or attempted to exchange a 

23 communication or transmission; or 

24 ‘‘(ii) the network traffic generated by 

25 an attempted or successful communication 


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1 or transmission between a service provided 

2 by an online service provider and a cus3 tomer, subscriber, user, or device; and 

4 ‘‘(C) does not include a record that reveals 

5 information about an attempted or successful 

6 communication or transmission between a 

7 known service and a particular, known cus8 tomer, subscriber, user, or device, if the record 

9 is maintained by the known service and is lim10 ited to revealing additional identifying informa11 tion about the particular, known customer, sub12 scriber, user, or device; 

13 ‘‘(7) the term ‘search query record’— 

14 ‘‘(A) means a record that reveals a query 

15 term or instruction submitted, in written, 

16 verbal, or other format, by a customer, sub17 scriber, user, or device to any service provided 

18 by an online service provider, including a search 

19 engine, voice assistant, chat bot, or navigation 

20 service; and 

21 ‘‘(B) includes a record that reveals the re22 sponse provided by any service provided by an 

23 online service provider to a query term or in24 struction by a customer, subscriber, user, or de25 vice;’’; and 


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

2 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec3 tion or section 2510 shall be construed to mean that a 

4 record may not be more than 1 of the following types of 

5 record: 

6 ‘‘(1) The contents of a communication. 

7 ‘‘(2) Location information. 

8 ‘‘(3) A web browsing record. 

9 ‘‘(4) A search query record.’’. 

10 (b) REAL-TIME SURVEILLANCE OF LOCATION IN11 FORMATION.— 

12 (1) IN GENERAL.—Section 3117 of title 18, 

13 United States Code, is amended— 

14 (A) in the section heading, by striking 

15 ‘‘Mobile tracking devices’’ and inserting 

16 ‘‘Tracking orders’’; 

17 (B) by striking subsection (b); 

18 (C) by redesignating subsection (a) as sub19 section (c); 

20 (D) by inserting before subsection (c), as 

21 so redesignated, the following: 

22 ‘‘(a) IN GENERAL.—No officer or employee of a gov23 ernmental entity may install or direct the installation of 

24 a tracking device, except pursuant to a warrant issued 

25 using the procedures described in the Federal Rules of 


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1 Criminal Procedure (or, in the case of a State court, 

2 issued using State warrant procedures and, in the case 

3 of a court-martial or other proceeding under chapter 47 

4 of title 10 (the Uniform Code of Military Justice), issued 

5 under section 846 of that title, in accordance with regula6 tions prescribed by the President) by a court of competent 

7 jurisdiction. 

8 ‘‘(b) EMERGENCIES.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 the prohibition under subsection (a) does not apply 

11 in a instance in which an investigative or law en12 forcement officer reasonably determines that— 

13 ‘‘(A) a circumstance described in subpara14 graph (i), (ii), or (iii) of section 2518(7)(a) ex15 ists; and 

16 ‘‘(B) there are grounds upon which a war17 rant could be issued to authorize the installa18 tion of the tracking device. 

19 ‘‘(2) APPLICATION DEADLINE.—If a tracking 

20 device is installed under the authority under para21 graph (1), an application for a warrant shall be 

22 made within 48 hours after the installation. 

23 ‘‘(3) TERMINATION ABSENT WARRANT.—In the 

24 absence of a warrant, use of a tracking device under 

25 the authority under paragraph (1) shall immediately 


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1 terminate when the investigative information sought 

2 is obtained or when the application for the warrant 

3 is denied, whichever is earlier. 

4 ‘‘(4) LIMITATION.—In the event an application 

5 for a warrant described in paragraph (2) is denied, 

6 or in any other case where the use of a tracking de7 vice under the authority under paragraph (1) is ter8 minated without a warrant having been issued, the 

9 information obtained shall be treated as having been 

10 obtained in violation of this section, and an inven11 tory describing the installation and use of the track12 ing device shall be served on the person named in 

13 the warrant application.’’; 

14 (E) in subsection (c), as so redesignated— 

15 (i) in the subsection heading, by strik16 ing ‘‘IN GENERAL’’ and inserting ‘‘JURIS17 DICTION’’; 

18 (ii) by striking ‘‘or other order’’; 

19 (iii) by striking ‘‘mobile’’; 

20 (iv) by striking ‘‘such order’’ and in21 serting ‘‘such warrant’’; and 

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

23 ‘‘For purposes of this subsection, the in24 stallation of a tracking device occurs with25 in the jurisdiction in which the device is 


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1 physically located when the installation is 

2 complete.’’; and 

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

4 ‘‘(d) DEFINITIONS.—As used in this section— 

5 ‘‘(1) the term ‘computer’ has the meaning given 

6 that term in section 1030(e); 

7 ‘‘(2) the terms ‘court of competent jurisdiction’ 

8 and ‘governmental entity’ have the meanings given 

9 such terms in section 2711; 

10 ‘‘(3) the term ‘installation of a tracking device’ 

11 means, whether performed by an officer or employee 

12 of a governmental entity or by a provider at the di13 rection of a governmental entity— 

14 ‘‘(A) the physical placement of a tracking 

15 device; 

16 ‘‘(B) the remote activation of the tracking 

17 software or functionality of a tracking device; or 

18 ‘‘(C) the acquisition of a radio signal 

19 transmitted by a tracking device; and 

20 ‘‘(4) the term ‘tracking device’ means an elec21 tronic or mechanical device which permits the track22 ing of the movement of a person or object, including 

23 a phone, wearable device, connected vehicle, or other 

24 computer owned, used, or possessed by the target of 

25 surveillance.’’. 


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1 (2) CONFORMING AMENDMENTS.— 

2 (A) The table of sections for chapter 205 

3 of title 18, United States Code, is amended by 

4 striking the item relating to section 3117 and 

5 inserting the following: 

‘‘3117. Tracking orders.’’. 

6 (B) Section 2510(12)(C) of title 18, 

7 United States Code, is amended to read as fol8 lows: 

9 ‘‘(C) a communication from a lawfully in10 stalled tracking device (as defined in section 

11 3117 of this title), if— 

12 ‘‘(i) the tracking device is physically 

13 placed; or 

14 ‘‘(ii) the tracking software or 

15 functionality of the tracking device is re16 motely activated and the communication is 

17 transmitted by the tracking software or 

18 functionality as a result of the remote acti19 vation; or’’. 

20 (c) PROSPECTIVE SURVEILLANCE OF WEB BROWS21 ING RECORDS AND LOCATION INFORMATION.—Section 

22 2703 of title 18, United States Code, is amended by add23 ing at the end the following: 

24 ‘‘(i) PROSPECTIVE DISCLOSURE OF WEB BROWSING

25 RECORDS.— 


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1 ‘‘(1) IN GENERAL.—A governmental entity may 

2 require the prospective disclosure by an online serv3 ice provider of a web browsing record only pursuant 

4 to a warrant issued using the procedures described 

5 in subsection (a). 

6 ‘‘(2) TIME RESTRICTIONS.—A warrant requir7 ing the prospective disclosure by an online service 

8 provider of web browsing records may require disclo9 sure of web browsing records for only a period as is 

10 necessary to achieve the objective of the disclosure, 

11 not to exceed 30 days from issuance of the warrant. 

12 Extensions of such a warrant may be granted, but 

13 only upon satisfaction of the showings necessary for 

14 issuance of the warrant in the first instance. 

15 ‘‘(j) PROSPECTIVE DISCLOSURE OF LOCATION

16 RECORDS.—A governmental entity may require the pro17 spective disclosure by an online service provider of location 

18 information only pursuant to a warrant issued using the 

19 procedures described in subsection (a), that satisfies the 

20 restrictions imposed on warrants for tracking devices im21 posed by section 3117 of this title and rule 41 of the Fed22 eral Rules of Criminal Procedure.’’. 


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1 SEC. 502. CONSISTENT PROTECTIONS FOR PHONE AND 

2 APP-BASED CALL AND TEXTING RECORDS. 

3 Section 2703(c)(2)(C) of title 18, United States 

4 Code, is amended by striking ‘‘local and long distance tele5 phone connection records, or’’. 

6 SEC. 503. EMAIL PRIVACY ACT. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Email Privacy Act’’. 

9 (b) VOLUNTARY DISCLOSURE CORRECTIONS.—Sec10 tion 2702 of title 18, United States Code, is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘divulge’’ and inserting 

14 ‘‘disclose’’; and 

15 (ii) by striking ‘‘while in electronic 

16 storage by that service’’ and inserting 

17 ‘‘that is in electronic storage with or other18 wise stored, held, or maintained by that 

19 service’’; 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘to the public’’; 

22 (ii) by striking ‘‘divulge’’ and insert23 ing ‘‘disclose’’; and 

24 (iii) by striking ‘‘which is carried or 

25 maintained on that service’’ and inserting 


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1 ‘‘that is stored, held, or maintained by that 

2 service’’; and 

3 (C) in paragraph (3)— 

4 (i) by striking ‘‘divulge’’ and inserting 

5 ‘‘disclose’’; and 

6 (ii) by striking ‘‘a provider of’’ and in7 serting ‘‘a person or entity providing’’; 

8 (2) in subsection (b)— 

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

10 by inserting ‘‘wire or electronic’’ before ‘‘com11 munication’’; 

12 (B) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) to an originator, addressee, or intended re15 cipient of such communication, to the subscriber or 

16 customer on whose behalf the provider stores, holds, 

17 or maintains such communication, or to an agent of 

18 such addressee, intended recipient, subscriber, or 

19 customer;’’; and 

20 (C) by amending paragraph (3) to read as 

21 follows: 

22 ‘‘(3) with the lawful consent of the originator, 

23 addressee, or intended recipient of such communica24 tion, or of the subscriber or customer on whose beVerDate Sep 11 2014 22:49 Nov 18, 2023 Jkt 049200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S3234.IS S3234

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1 half the provider stores, holds, or maintains such 

2 communication;’’; 

3 (3) in subsection (c) by inserting ‘‘wire or elec4 tronic’’ before ‘‘communications’’; 

5 (4) in each of subsections (b) and (c), by strik6 ing ‘‘divulge’’ and inserting ‘‘disclose’’; and 

7 (5) in subsection (c), by amending paragraph 

8 (2) to read as follows: 

9 ‘‘(2) with the lawful consent of the subscriber 

10 or customer;’’. 

11 (c) AMENDMENTS TO REQUIRED DISCLOSURE SEC12 TION.—Section 2703 of title 18, United States Code, as 

13 amended by this Act, is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘A governmental entity’’ 

16 and inserting ‘‘Except as provided in sub17 sections (l) and (m), a governmental entity’’; 

18 (B) by striking ‘‘pursuant to’’ and insert19 ing ‘‘if the governmental entity obtains’’; and 

20 (C) by striking ‘‘by a court of competent 

21 jurisdiction.’’ and inserting ‘‘that is issued by a 

22 court of competent jurisdiction and that may 

23 indicate the date by which the provider must 

24 make the disclosure to the governmental entity. 

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1 cating the date by which the provider must 

2 make disclosure to the governmental entity, the 

3 provider shall promptly respond to the war4 rant.’’; 

5 (2) in subsection (c)— 

6 (A) in paragraph (1)— 

7 (i) in the matter preceding subpara8 graph (A)— 

9 (I) by striking ‘‘A governmental 

10 entity’’ and inserting ‘‘Except as pro11 vided in subsections (l) and (m), a 

12 governmental entity’’; and 

13 (II) by striking ‘‘only when the 

14 governmental entity—’’ and inserting 

15 ‘‘only—’’ 

16 (ii) in subparagraph (A)— 

17 (I) by striking ‘‘obtains a war18 rant issued’’ and inserting ‘‘if the gov19 ernmental entity obtains a warrant’’; 

20 (II) by striking ‘‘by the Presi21 dent) by a court’’ and inserting the 

22 following: ‘‘by the President) that— 

23 ‘‘(i) is issued by a court’’; 

24 (III) by inserting ‘‘and’’ after 

25 ‘‘jurisdiction;’’; and 


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1 (IV) by adding at the end the fol2 lowing: 

3 ‘‘(ii) may indicate the date by which the 

4 online service provider must make the disclo5 sure to the governmental entity;’’; 

6 (iii) in subparagraph (B), by inserting 

7 ‘‘if the governmental entity’’ before ‘‘ob8 tains’’; 

9 (iv) in subparagraph (C), by striking 

10 ‘‘has the consent of the subscriber or cus11 tomer to such disclosure;’’ and inserting 

12 ‘‘with the lawful consent of the subscriber 

13 or customer; or’’; 

14 (v) by striking subparagraph (D); 

15 (vi) by redesignating subparagraph 

16 (E) as subparagraph (D); 

17 (vii) in subparagraph (D), as so redes18 ignated, by striking ‘‘seeks information’’ 

19 and inserting ‘‘as otherwise authorized’’; 

20 and 

21 (B) in paragraph (2)— 

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘, in response to 

24 an administrative subpoena authorized by 

25 Federal or State statute, a grand jury, 


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1 trial, or civil discovery subpoena, or any 

2 means available under paragraph (1),’’ 

3 after ‘‘shall’’; and 

4 (ii) in the matter following subpara5 graph (F), by striking ‘‘of a subscriber’’ 

6 and all that follows and inserting ‘‘of a 

7 subscriber or customer of such online serv8 ice provider.’’; 

9 (3) in subsection (d)— 

10 (A) by striking ‘‘the contents of a wire or 

11 electronic communication, or’’; 

12 (B) by striking ‘‘sought,’’ and inserting 

13 ‘‘sought’’; and 

14 (C) by striking ‘‘section’’ and inserting 

15 ‘‘subsection’’; and 

16 (4) by adding after subsection (j), as added by 

17 section 501(c) of this Act, the following: 

18 ‘‘(k) NOTICE.—Except as provided in section 2705, 

19 an online service provider may notify a subscriber or cus20 tomer of a receipt of a warrant, court order, subpoena, 

21 or request under subsection (a), (c), or (d) of this section. 

22 ‘‘(l) RULE OF CONSTRUCTION RELATED TO LEGAL

23 PROCESS.—Nothing in this section or in section 2702 

24 shall limit the authority of a governmental entity to use 

25 an administrative subpoena authorized by Federal or 


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1 State statute, a grand jury, trial, or civil discovery sub2 poena, or a warrant issued using the procedures described 

3 in the Federal Rules of Criminal Procedure (or, in the 

4 case of a State court, issued using State warrant proce5 dures) by a court of competent jurisdiction to— 

6 ‘‘(1) require an originator, addressee, or in7 tended recipient of a wire or electronic communica8 tion that is not acting as an online service provider 

9 with regard to that wire or electronic communication 

10 to disclose a wire or electronic communication (in11 cluding the contents of that communication) to the 

12 governmental entity; 

13 ‘‘(2) require a person or entity that provides an 

14 electronic communication service to the officers, di15 rectors, employees, or agents of the person or entity 

16 (for the purpose of carrying out their duties) to dis17 close a wire or electronic communication (including 

18 location information, a web browsing record, a 

19 search query record, or the contents of that commu20 nication) to or from the person or entity itself or to 

21 or from an officer, director, employee, or agent of 

22 the entity to a governmental entity, if the wire or 

23 electronic communication is stored, held, or main24 tained on an electronic communications system 


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1 owned, operated, or controlled by the person or enti2 ty; or 

3 ‘‘(3) require an online service provider to dis4 close a wire or electronic communication (including 

5 the contents of that communication) that advertises 

6 or promotes a product or service and that has been 

7 made readily accessible to the general public. 

8 ‘‘(m) RULE OF CONSTRUCTION RELATED TO CON9 GRESSIONAL SUBPOENAS.—Nothing in this section or in 

10 section 2702 shall limit the power of inquiry vested in the 

11 Congress by article I of the Constitution of the United 

12 States, including the authority to compel the production 

13 of a wire or electronic communication (including location 

14 information, a web browsing record, a search query record, 

15 or the contents of a wire or electronic communication) that 

16 is stored, held, or maintained by an online service pro17 vider.’’. 

18 (d) WARRANT REQUIREMENT FOR STORED COMMU19 NICATIONS CONTENT.— 

20 (1) IN GENERAL.—Section 2703 of title 18, 

21 United States Code, is amended— 

22 (A) in subsection (a)— 

23 (i) by striking ‘‘, that is in electronic 

24 storage in an electronic communications 


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1 system for one hundred and eighty days or 

2 less,’’; and 

3 (ii) by striking the last sentence; 

4 (B) by striking subsection (b) and insert5 ing the following: 

6 ‘‘(b) [Repealed].’’; and 

7 (C) in subsection (d) by striking ‘‘(b) or’’. 

8 (2) CONFORMING AMENDMENTS.—Chapter 121 

9 of title 18, United States Code, is amended— 

10 (A) in the table of sections, by striking the 

11 item relating to section 2704; 

12 (B) in section 2701(c)(3), by striking ‘‘, 

13 2704’’; 

14 (C) by striking section 2704; and 

15 (D) in section 2706(a), by striking ‘‘, 

16 2703, or 2704’’ and inserting ‘‘or 2703’’. 

17 SEC. 504. CONSISTENT PROTECTIONS FOR DEMANDS FOR 

18 DATA HELD BY INTERACTIVE COMPUTING 

19 SERVICES. 

20 (a) DEFINITION.—Subsection (a) of section 2711 of 

21 title 18, United States Code, as so designated and amend22 ed by section 501 of this Act, is amended by adding at 

23 the end the following: 

24 ‘‘(8) the term ‘online service provider’ means a 

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1 vider of remote computing service, or a provider of 

2 an interactive computer service (as defined in section 

3 230(f) of the Communications Act of 1934 (47 

4 U.S.C. 230(f))); and’’. 

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

6 18, United States Code, is amended— 

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

8 striking ‘‘a provider of electronic communication 

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

10 (2) in subsection (c)— 

11 (A) in paragraph (1), in the matter pre12 ceding subparagraph (A), by striking ‘‘a pro13 vider of electronic communication service or re14 mote computing service’’ and inserting ‘‘an on15 line service provider’’; and 

16 (B) in paragraph (2), in the matter pre17 ceding subparagraph (A), by striking ‘‘A pro18 vider of electronic communication service or re19 mote computing service’’ and inserting ‘‘An on20 line service provider’’; and 

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

22 electronic communications service or remote com23 puting service’’ and inserting ‘‘an online service pro24 vider’’. 


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1 SEC. 505. CONSISTENT PROTECTIONS FOR REAL-TIME AND 

2 HISTORICAL METADATA. 

3 Chapter 206 of title 18, United States Code, is 

4 amended— 

5 (1) in section 3122(b)(2), by striking ‘‘that the 

6 information likely to be obtained is relevant’’ and in7 serting ‘‘providing specific and articulable facts 

8 showing there are reasonable grounds to believe that 

9 the information likely to be obtained is relevant and 

10 material’’; and 

11 (2) in section 3123(a)— 

12 (A) in paragraph (1), in the first sen13 tence— 

14 (i) by striking ‘‘the court shall enter’’ 

15 and inserting ‘‘the court may enter’’; and 

16 (ii) by striking ‘‘certified to the court 

17 that the information likely to be obtained 

18 by such installation and use is relevant’’ 

19 and inserting ‘‘submitted a certification 

20 providing specific and articulable facts 

21 showing there are reasonable grounds to 

22 believe that the information likely to be ob23 tained by such installation and use is rel24 evant and material’’; and 

25 (B) in paragraph (2)— 


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1 (i) by striking ‘‘the court shall enter’’ 

2 and inserting ‘‘the court may enter’’; and 

3 (ii) by striking ‘‘certified to the court 

4 that the information likely to be obtained 

5 by such installation and use is relevant’’ 

6 and inserting ‘‘submitted a certification 

7 providing specific and articulable facts 

8 showing there are reasonable grounds to 

9 believe that the information likely to be ob10 tained by such installation and use is rel11 evant and material’’. 

12 SEC. 506. SUBPOENAS FOR CERTAIN SUBSCRIBER INFOR13 MATION. 

14 Section 2703(c)(2) of title 18, United States Code, 

15 is amended, in the matter following subparagraph (F), as 

16 amended by section 503(c) of this Act, by inserting ‘‘with 

17 respect to whom the governmental entity identifies the 

18 name, address, temporarily assigned network address, or 

19 account identifier (such as a user name)’’ before the pe20 riod at the end. 

21 SEC. 507. MINIMIZATION STANDARDS FOR VOLUNTARY DIS22 CLOSURE OF CUSTOMER COMMUNICATIONS 

23 OR RECORDS. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of enactment of this Act, the Attorney General shall 


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1 issue and make publicly available minimization procedures 

2 applicable to disclosures to a Federal agency under para3 graph (5) or (8) of subsection (b) or paragraph (3) or 

4 (4) of subsection (c) of section 2702 of title 18, United 

5 States Code. 

6 (b) CONTENTS.—The procedures issued under sub7 section (a) shall include provisions to— 

8 (1) limit, to the greatest extent possible, the ac9 quisition, use, and dissemination of the contents of 

10 communication and records and other information to 

11 that which is required for the specific purpose for 

12 which the disclosure was intended; 

13 (2) to the greatest extent possible, remove per14 sonally identifiable information prior to acquisition; 

15 (3) to the extent personally identifiable infor16 mation cannot be removed prior to acquisition, mask 

17 such information prior to its use or dissemination, 

18 consistent with the purpose for which the disclosure 

19 was intended; and 

20 (4) ensure that no contents of communications 

21 or records or other information are retained by the 

22 agency to which the disclosure was made, or any 

23 agency to which the contents of communications or 

24 records or other information were disclosed, after 


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1 the completion of the investigation or action for 

2 which the disclosure was intended. 

3 SEC. 508. PROHIBITION ON LAW ENFORCEMENT PURCHASE 

4 OF PERSONAL DATA FROM DATA BROKERS. 

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

6 amended by adding at the end the following: 

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

8 ANYTHING OF VALUE PERSONAL DATA BY LAW EN9 FORCEMENT AGENCIES.— 

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

11 subsection (f)— 

12 ‘‘(A) the term ‘covered governmental enti13 ty’ means a law enforcement agency of a gov14 ernmental entity; 

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

16 means a person who— 

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

18 ‘‘(ii) is not an individual; 

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

20 individual who— 

21 ‘‘(i) is reasonably believed to be lo22 cated inside the United States at the time 

23 of the creation of the covered personal 

24 data; or 


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1 ‘‘(ii) is a United States person, as de2 fined in section 101 of the Foreign Intel3 ligence Surveillance Act of 1978 (50 

4 U.S.C. 1801); 

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

6 means personal data relating to a covered per7 son; 

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

9 meaning given the term ‘computer’ in section 

10 1030(e); 

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

12 data’ means personal data obtained by a par13 ticular covered organization that the covered or14 ganization— 

15 ‘‘(i) reasonably understood to have 

16 been voluntarily made available to the gen17 eral public by the covered person; and 

18 ‘‘(ii) obtained in compliance with all 

19 applicable laws, regulations, contracts, pri20 vacy policies, and terms of service; 

21 ‘‘(G) the term ‘obtain in exchange for any22 thing of value’ means to obtain by purchasing, 

23 to receive in connection with services being pro24 vided for monetary or nonmonetary consider25 ation, or to otherwise obtain in exchange for 


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1 consideration, including an access fee, service 

2 fee, maintenance fee, or licensing fee; and 

3 ‘‘(H) the term ‘personal data’— 

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

5 unique identifier that is linked to, or is 

6 reasonably linkable to, an individual or to 

7 an electronic device that is linked to, or is 

8 reasonably linkable to, 1 or more individ9 uals in a household; 

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

11 combined with other data, can be linked to, 

12 or is reasonably linkable to, an individual 

13 or to an electronic device that identifies, is 

14 linked to, or is reasonably linkable to 1 or 

15 more individuals in a household; and 

16 ‘‘(iii) does not include data that is 

17 lawfully available through Federal, State, 

18 or local government records or through 

19 widely distributed media. 

20 ‘‘(2) LIMITATION.— 

21 ‘‘(A) IN GENERAL.— 

22 ‘‘(i) PROHIBITION.—Subject to 

23 clauses (ii) through (vii), a covered govern24 mental entity may not obtain in exchange 


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1 for anything of value covered personal data 

2 if— 

3 ‘‘(I) the covered personal data is 

4 directly or indirectly obtained from a 

5 covered organization; or 

6 ‘‘(II) the covered personal data is 

7 derived from covered personal data 

8 that was directly or indirectly ob9 tained from a covered organization. 

10 ‘‘(ii) EXCEPTION FOR CERTAIN COM11 PILATIONS OF DATA.—A covered govern12 mental entity may obtain in exchange for 

13 something of value covered personal data 

14 as part of a larger compilation of data 

15 which includes personal data about persons 

16 who are not covered persons, if— 

17 ‘‘(I) the covered governmental 

18 entity is unable through reasonable 

19 means to exclude covered personal 

20 data from the larger compilation ob21 tained; and 

22 ‘‘(II) the covered governmental 

23 entity minimizes any covered personal 

24 data from the larger compilation, in 

25 accordance with subsection (f). 


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1 ‘‘(iii) EXCEPTION FOR WHISTLE2 BLOWER DISCLOSURES TO LAW ENFORCE3 MENT.—Clause (i) shall not apply to cov4 ered personal data that is obtained by a 

5 covered governmental entity under a pro6 gram established by an Act of Congress 

7 under which a portion of a penalty or a 

8 similar payment or bounty is paid to an in9 dividual who discloses information about 

10 an unlawful activity to the Government, 

11 such as the program authorized under sec12 tion 7623 of the Internal Revenue Code of 

13 1986 (relating to awards to whistleblowers 

14 in cases of underpayments or fraud). 

15 ‘‘(iv) EXCEPTION FOR COST REIM16 BURSEMENT UNDER COMPULSORY LEGAL

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

18 covered personal data that is obtained by 

19 a covered governmental entity from a cov20 ered organization in accordance with com21 pulsory legal process that— 

22 ‘‘(I) is established by a Federal 

23 or State statute; and 

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1 tion that are incurred in connection 

2 with providing the record or informa3 tion to the covered governmental enti4 ty, such as the reimbursement of costs 

5 under section 2706. 

6 ‘‘(v) EXCEPTION FOR EMPLOYMENT7 RELATED USE.—Clause (i) shall not apply 

8 to covered personal data about an em9 ployee of, or applicant for employment by, 

10 a covered governmental entity that is— 

11 ‘‘(I) obtained by the covered gov12 ernmental entity for employment-re13 lated purposes; 

14 ‘‘(II) accessed and used by the 

15 covered governmental entity only for 

16 employment-related purposes; and 

17 ‘‘(III) destroyed at such time as 

18 the covered personal data is no longer 

19 needed for employment-related pur20 poses. 

21 ‘‘(vi) EXCEPTION FOR USE IN BACK22 GROUND CHECKS.—Clause (i) shall not 

23 apply to covered personal data about a cov24 ered person that is— 


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1 ‘‘(I) obtained by a covered gov2 ernmental entity for purposes of con3 ducting a background check of the 

4 covered person with the written con5 sent of the covered person; 

6 ‘‘(II) accessed and used by the 

7 covered governmental entity only for 

8 background check-related purposes; 

9 and 

10 ‘‘(III) destroyed at such time as 

11 the covered personal data is no longer 

12 needed for background check-related 

13 purposes. 

14 ‘‘(vii) EXCEPTION FOR LAWFULLY OB15 TAINED PUBLIC DATA.—Clause (i) shall 

16 not apply to covered personal data that is 

17 obtained by a covered governmental entity 

18 if— 

19 ‘‘(I) the covered personal data is 

20 lawfully obtained public data; or 

21 ‘‘(II) the covered personal data is 

22 derived from covered personal data 

23 that solely consists of lawfully ob24 tained public data. 


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1 ‘‘(B) INDIRECTLY ACQUIRED RECORDS

2 AND INFORMATION.—The limitation under sub3 paragraph (A) shall apply without regard to 

4 whether the covered organization possessing the 

5 covered personal data is the covered organiza6 tion that initially obtained or collected, or is the 

7 covered organization that initially received the 

8 disclosure of, the covered personal data. 

9 ‘‘(3) LIMIT ON SHARING BETWEEN AGEN10 CIES.—An agency of a governmental entity that is 

11 not a covered governmental entity may not provide 

12 to a covered governmental entity covered personal 

13 data that was obtained in a manner that would vio14 late paragraph (2) if the agency of a governmental 

15 entity were a covered governmental entity. 

16 ‘‘(4) PROHIBITION ON USE AS EVIDENCE BY

17 COVERED GOVERNMENTAL ENTITIES.— 

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

19 obtained by or provided to a covered govern20 mental entity in violation of paragraph (2) or 

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

22 not be used, received in evidence, or otherwise 

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

24 or other action by a covered governmental enti25 ty in any investigation, trial, hearing, or other 


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1 proceeding by, in, or before any court, grand 

2 jury, department, officer, agency, regulatory 

3 body, legislative committee, or other authority 

4 of the United States, a State, or a political sub5 division thereof. 

6 ‘‘(B) USE BY AGGRIEVED PARTIES.—Noth7 ing in subparagraph (A) shall be construed to 

8 limit the use of covered personal data by a cov9 ered person aggrieved of a violation of para10 graph (2) or (3) in connection with any action 

11 relating to such a violation. 

12 ‘‘(f) MINIMIZATION PROCEDURES.— 

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

14 adopt specific procedures that are reasonably de15 signed to minimize the acquisition and retention, 

16 and to restrict the querying, of covered personal 

17 data, and prohibit the dissemination of information 

18 derived from covered personal data. 

19 ‘‘(2) ACQUISITION AND RETENTION.—The pro20 cedures adopted under paragraph (1) shall require 

21 covered governmental entities to exhaust all reason22 able means— 

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

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


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1 forth in clauses (iii) through (vii) of subsection 

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

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

4 data described in subparagraph (A) after a 

5 compilation is obtained and before operational 

6 use of the compilation or inclusion of the com7 pilation in a dataset intended for operational 

8 use. 

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

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

11 governmental entity identifies covered personal data 

12 in a compilation described in paragraph (2)(B), the 

13 covered governmental entity shall promptly destroy 

14 the covered personal data and any dissemination of 

15 information derived from the covered personal data 

16 shall be prohibited. 

17 ‘‘(4) QUERYING.— 

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

19 subparagraphs (B) and (C), no officer or em20 ployee of a covered governmental entity may 

21 conduct a query of personal data, including per22 sonal data already subjected to minimization, in 

23 an effort to find records of or about a par24 ticular covered person. 


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1 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

2 shall not apply to a query related to a par3 ticular covered person if— 

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

5 of a court order issued under this title that 

6 would authorize the covered governmental 

7 entity to compel the production of the cov8 ered personal data, during the effective pe9 riod of that order; 

10 ‘‘(ii) the officer or employee of a cov11 ered governmental entity carrying out the 

12 query has a reasonable belief that the life 

13 or safety of such covered person is threat14 ened and the information is sought for the 

15 purpose of assisting that person, in which 

16 case information resulting from the query 

17 may be accessed or used solely for that 

18 purpose and shall be destroyed at such 

19 time as it is no longer necessary for such 

20 purpose; or 

21 ‘‘(iii) such covered person has con22 sented to the query. 

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; and 

4 ‘‘(ii) any personal data of covered per5 sons returned pursuant to a query shall 

6 not be reviewed and shall immediately be 

7 destroyed.’’. 

8 SEC. 509. CONSISTENT PRIVACY PROTECTIONS FOR DATA 

9 HELD BY DATA BROKERS. 

10 Section 2703 of title 18, United States Code, as 

11 amended by section 503 of this Act, is amended by adding 

12 at the end the following: 

13 ‘‘(n) COVERED PERSONAL DATA.— 

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

15 terms ‘covered personal data’ and ‘covered organiza16 tion’ have the meanings given such terms in section 

17 2702(e). 

18 ‘‘(2) LIMITATION.—Unless a governmental enti19 ty obtains an order in accordance with paragraph 

20 (3), the governmental entity may not require a cov21 ered organization that is not an online service pro22 vider to disclose covered personal data if a court 

23 order would be required for the governmental entity 

24 to require an online service provider to disclose such 


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1 covered personal data that is a record of a customer 

2 or subscriber of the online service provider. 

3 ‘‘(3) ORDERS.— 

4 ‘‘(A) IN GENERAL.—A court may only 

5 issue an order requiring a covered organization 

6 that is not an online service provider to disclose 

7 covered personal data on the same basis and 

8 subject to the same limitations as would apply 

9 to a court order to require disclosure by an on10 line service provider. 

11 ‘‘(B) STANDARD.—For purposes of sub12 paragraph (A), a court shall apply the most 

13 stringent standard under Federal statute or the 

14 Constitution of the United States that would be 

15 applicable to a request for a court order to re16 quire a comparable disclosure by an online serv17 ice provider of a customer or subscriber of the 

18 online service provider.’’. 

19 SEC. 510. PROTECTION OF DATA ENTRUSTED TO INTER20 MEDIARY OR ANCILLARY SERVICE PRO21 VIDERS. 

22 (a) DEFINITION.—Subsection (a) of section 2711 of 

23 title 18, United States Code, as so designated and amend24 ed by sections 501 and 504 of this Act, is amended by 

25 adding at the end the following: 


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1 ‘‘(9) the term ‘intermediary or ancillary service 

2 provider’ means an entity or facilities owner or oper3 ator that directly or indirectly delivers, transmits, 

4 stores, or processes communications or any other 

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

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

7 provider.’’. 

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

9 United States Code, is amended— 

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

11 end; 

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

13 the end; 

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

15 the end and inserting ‘‘; and’’; and 

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

17 ‘‘(4) an intermediary or ancillary service pro18 vider may not knowingly disclose— 

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

20 of a communication while in electronic storage 

21 by that intermediary or ancillary service pro22 vider; or 

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

24 or other information pertaining to a subscriber 

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1 tion from a subscriber to or customer of, or the 

2 sender of a communication to a subscriber to or 

3 customer of, the online service provider for, or 

4 on behalf of, which the intermediary or ancil5 lary service provider directly or indirectly deliv6 ers, transmits, stores, or processes communica7 tions or any other covered personal data (as de8 fined in subsection (e)).’’. 

9 SEC. 511. MODERNIZING CRIMINAL SURVEILLANCE RE10 PORTS. 

11 (a) REPORTS CONCERNING ACCESS TO CUSTOMER

12 COMMUNICATIONS OR RECORDS.— 

13 (1) IN GENERAL.—Section 2703 of title 18, 

14 United States Code, as amended by section 509 of 

15 this Act, is amended by adding at the end the fol16 lowing: 

17 ‘‘(o) REPORTS CONCERNING ACCESS TO CUSTOMER

18 COMMUNICATIONS OR RECORDS.— 

19 ‘‘(1) IN GENERAL.—In January of each year, 

20 any judge who has issued an order under this sec21 tion or a warrant to obtain records described in this 

22 section, or who has denied approval of an application 

23 under this section during the preceding year, shall 

24 report to the Administrative Office of the United 

25 States Courts— 


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1 ‘‘(A) the fact that the order or warrant 

2 was applied for; 

3 ‘‘(B) the type of records sought in the 

4 order or warrant; 

5 ‘‘(C) whether the order or warrant was— 

6 ‘‘(i) granted as applied for; 

7 ‘‘(ii) granted as modified; or 

8 ‘‘(iii) denied; 

9 ‘‘(D) the subsection of this section under 

10 which the application for the order or warrant 

11 was filed; 

12 ‘‘(E) the nature of the offense or criminal 

13 investigation that was the basis for the applica14 tion for the order or warrant; 

15 ‘‘(F) the name of each provider of elec16 tronic communication service or remote com17 puting service served with the order or warrant, 

18 if so granted; and 

19 ‘‘(G) the investigative or law enforcement 

20 agency that submitted the application. 

21 ‘‘(2) PUBLIC REPORT.—In June of each year, 

22 the Director of the Administrative Office of the 

23 United States Courts shall publish on the website of 

24 the Administrative Office of the United States 


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1 Courts and include in the report required under sec2 tion 2519(3)— 

3 ‘‘(A) a full and complete report concerning 

4 the number of applications for orders or war5 rants requiring the disclosure of, during the 

6 preceding calendar year— 

7 ‘‘(i) the contents of wire or electronic 

8 communications in electronic storage under 

9 subsection (a); and 

10 ‘‘(ii) records concerning electronic 

11 communication service or remote computer 

12 service under subsection (c); 

13 ‘‘(B) the number of orders and warrants 

14 granted or denied under this section during the 

15 preceding calendar year; and 

16 ‘‘(C) a detailed summary and analysis of 

17 each category of data required to be filed with 

18 the Administrative Office of the United States 

19 Courts under paragraph (1). 

20 ‘‘(3) FORMAT.—Not later than 180 days after 

21 the date of enactment of the Government Surveil22 lance Reform Act of 2023, the Director of the Ad23 ministrative Office of the United States Courts shall, 

24 in consultation with the National Institute of Stand25 ards and Technology, the Administrator of General 


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1 Services, the Electronic Public Access Public User 

2 Group, private entities offering electronic case man3 agement software, the National Center for State 

4 Courts, and the National American Indian Court 

5 Judges Association, publish a machine readable form 

6 that shall be used for any report required under 

7 paragraph (1). 

8 ‘‘(4) REGULATIONS.—The Director of the Ad9 ministrative Office of the United States Courts may 

10 issue binding regulations with respect to the content 

11 and form of the reports required under paragraph 

12 (1).’’. 

13 (2) TECHNICAL AND CONFORMING AMEND14 MENT.—Section 2519(3) of title 18, United States 

15 Code, is amended, in the first sentence, by inserting 

16 ‘‘publish on the website of the Administrative Office 

17 of the United States Courts and’’ before ‘‘transmit’’. 

18 (b) REPORTS CONCERNING PEN REGISTERS AND

19 TRAP AND TRACE DEVICES.—Section 3126 of title 18, 

20 United States Code, is amended to read as follows: 

21 ‘‘§ 3126. Reports concerning pen registers and trap 

22 and trace devices 

23 ‘‘(a) IN GENERAL.—In January of each year, any 

24 judge who has issued an order (or an extension thereof) 

25 under section 3123 that expired during the preceding 


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1 year, or who has denied approval of an installation and 

2 use of a pen register or trap and trace device during that 

3 year, shall report to the Administrative Office of the 

4 United States Courts— 

5 ‘‘(1) the fact that an order or extension was ap6 plied for; 

7 ‘‘(2) the kind of order or extension applied for; 

8 ‘‘(3) the fact that the order or extension was 

9 granted as applied for, was modified, or was denied; 

10 ‘‘(4) the period of installation and use of a pen 

11 register or trap and trace device authorized by the 

12 order, and the number and duration of any exten13 sions of the order; 

14 ‘‘(5) the offense specified in the order or appli15 cation, or extension of an order; 

16 ‘‘(6) the precise nature of the facilities affected 

17 and the precise nature of the information sought; 

18 and 

19 ‘‘(7) the investigative or law enforcement agen20 cy that submitted the application. 

21 ‘‘(b) PUBLIC REPORT.—In June of each year, the Di22 rector of the Administrative Office of the United States 

23 Courts shall publish on the website of the Administrative 

24 Office of the United States Courts and include in the re25 port required under section 2519(3)— 


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1 ‘‘(1) a full and complete report concerning— 

2 ‘‘(A) the number of applications for orders 

3 authorizing or approving the installation and 

4 use of a pen register or trap and trace device 

5 pursuant to this chapter; and 

6 ‘‘(B) the number of orders and extensions 

7 granted or denied pursuant to this chapter dur8 ing the preceding calendar year; and 

9 ‘‘(2) a detailed summary and analysis of each 

10 category of data required to be reported under sub11 section (a). 

12 ‘‘(c) FORMAT.—Not later than 180 days after the 

13 date of enactment of the Government Surveillance Reform 

14 Act of 2023, the Director of the Administrative Office of 

15 the United States Courts shall, in consultation with the 

16 National Institute of Standards and Technology and the 

17 Administrator of General Services, private entities offering 

18 electronic case management software, the National Center 

19 for State Courts, and the National American Indian Court 

20 Judges Association, publish a machine readable form that 

21 shall be used for any report required under subsection (a). 

22 ‘‘(d) REGULATIONS.—The Director of the Adminis23 trative Office of the United States Courts may issue bind24 ing regulations with respect to the content and form of 

25 the reports required under subsection (a).’’. 


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1 (c) REPORTING OF VOLUNTARY DISCLOSURES.—Sec2 tion 2702(d) of title 18, United States Code, is amended— 

3 (1) in the heading, by striking ‘‘EMERGENCY’’ 

4 and inserting ‘‘VOLUNTARY’’; 

5 (2) in the matter preceding paragraph (1), by 

6 inserting ‘‘and publish on the website of the Depart7 ment of Justice’’ after ‘‘Senate’’; and 

8 (3) in paragraph (1)— 

9 (A) by striking ‘‘the Department of Jus10 tice’’ and inserting ‘‘each Federal agency’’; and 

11 (B) by striking ‘‘subsection (b)(8)’’ and in12 serting ‘‘paragraph (5) or (8) of subsection (b) 

13 or paragraph (3) or (4) of subsection (c), bro14 ken down by each such paragraph’’; 

15 (4) in paragraph (2)(A)— 

16 (A) by striking ‘‘Department of Justice’’ 

17 and inserting ‘‘Federal agency’’; and 

18 (B) by striking ‘‘subsection (b)(8)’’ and in19 serting ‘‘paragraph (5) or (8) of subsection (b) 

20 or paragraph (3) or (4) of subsection (c)’’; and 

21 (5) by striking paragraph (3). 


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1 TITLE VI—REGULATION OF GOV2 ERNMENT SURVEILLANCE 

3 USING CELL SITE SIMULA4 TORS, GENERAL PROHIBI5 TION ON PRIVATE, NON-RE6 SEARCH USE 

7 SEC. 601. CELL SITE SIMULATORS. 

8 (a) PROHIBITION.—Chapter 205 of title 18, United 

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

11 ‘‘§ 3119. Cell-site simulators 

12 ‘‘(a) GENERAL PROHIBITION OF USE.— 

13 ‘‘(1) IN GENERAL.—Except as provided in sub14 section (d), it shall be unlawful— 

15 ‘‘(A) for any individual or entity to know16 ingly use a cell-site simulator in the United 

17 States; or 

18 ‘‘(B) for an element of the intelligence 

19 community to use a cell-site simulator outside 

20 the United States if the subject of the surveil21 lance is a United States person. 

22 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

23 paragraph (1) shall be construed to authorize a law 

24 enforcement agency of a governmental entity to use 

25 a cell-site simulator outside the United States. 


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1 ‘‘(b) PENALTY.—Any individual or entity that vio2 lates subsection (a)(1) shall be fined not more than 

3 $250,000. 

4 ‘‘(c) PROHIBITION OF USE AS EVIDENCE.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), no information acquired through the use 

7 of a cell-site simulator in violation of subsection 

8 (a)(1), and no evidence derived therefrom, may be 

9 used, received in evidence, or otherwise disseminated 

10 in any investigation, trial, hearing, or other pro11 ceeding by, in, or before any court, grand jury, de12 partment, officer, agency, regulatory body, legislative 

13 committee, or other authority of the United States, 

14 a State, or a political subdivision thereof. 

15 ‘‘(2) EXCEPTION FOR ENFORCEMENT.—Infor16 mation acquired through the use of a cell-site simu17 lator in violation of subsection (a)(1) by a person, 

18 and evidence derived therefrom, may be used, re19 ceived in evidence, or otherwise disseminated in any 

20 investigation trial, hearing, or other proceeding de21 scribed in paragraph (1) of this subsection relating 

22 to the alleged violation of subsection (a)(1) in con23 nection with such use. 

24 ‘‘(d) EXCEPTIONS.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) WARRANT.— 

2 ‘‘(i) IN GENERAL.—Subsection (a)(1) 

3 shall not apply to the use of a cell-site sim4 ulator by a law enforcement agency of a 

5 governmental entity under a warrant 

6 issued— 

7 ‘‘(I) in accordance with this sub8 paragraph; and 

9 ‘‘(II) using the procedures de10 scribed in, and in accordance with the 

11 requirements for executing and re12 turning a warrant under, the Federal 

13 Rules of Criminal Procedure (or, in 

14 the case of a State court, issued using 

15 State warrant and execution and re16 turn procedures and, in the case of a 

17 court-martial or other proceeding 

18 under chapter 47 of title 10 (the Uni19 form Code of Military Justice), issued 

20 under section 846 of that title and in 

21 accordance with the requirements for 

22 executing and returning such a war23 rant, in accordance with regulations 

24 prescribed by the President) by a 

25 court of competent jurisdiction. 


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1 ‘‘(ii) REQUIREMENTS.—A court may 

2 issue a warrant described in clause (i) (ex3 cept, with respect to a State court, to the 

4 extent use of a cell-site simulator by a law 

5 enforcement agency of a governmental en6 tity is prohibited by the law of the State) 

7 only if the law enforcement agency— 

8 ‘‘(I) demonstrates that other in9 vestigative procedures, including elec10 tronic location tracking methods that 

11 solely collect records of the investiga12 tive target— 

13 ‘‘(aa) have been tried and 

14 have failed; or 

15 ‘‘(bb) reasonably appear to 

16 be— 

17 ‘‘(AA) unlikely to suc18 ceed if tried; or 

19 ‘‘(BB) too dangerous; 

20 ‘‘(II) specifies the likely area of 

21 effect of the cell-site simulator to be 

22 used and the time that the cell-site 

23 simulator will be in operation; 

24 ‘‘(III) certifies that the requested 

25 area of effect and time of operation 


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1 are the narrowest reasonably possible 

2 to obtain the necessary information; 

3 and 

4 ‘‘(IV) demonstrates that the re5 quested use of a cell-site simulator 

6 would be in compliance with applica7 ble provisions of the Communications 

8 Act of 1934 (47 U.S.C. 151 et seq.) 

9 and the rules of the Federal Commu10 nications Commission. 

11 ‘‘(iii) CONSIDERATIONS.—In consid12 ering an application for a warrant de13 scribed in clause (i), the court shall— 

14 ‘‘(I) consider— 

15 ‘‘(aa) the number of individ16 uals impacted; 

17 ‘‘(bb) the nature of any 

18 communications to be obtained; 

19 and 

20 ‘‘(cc) the type of activities in 

21 which users of an electronic de22 vice are engaged; 

23 ‘‘(II) direct the law enforcement 

24 agency of the governmental entity to 

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1 tections for constitutionally protected 

2 activities and to minimize the collec3 tion of information relating to individ4 uals who are not the subject of the 

5 warrant; 

6 ‘‘(III) weigh the need of the gov7 ernment to enforce the law and appre8 hend criminals against the likelihood 

9 and impact of any potential negative 

10 side effects, including those disclosed 

11 by the government under subpara12 graph (C); and 

13 ‘‘(IV) not grant a request for a 

14 warrant that would put public safety 

15 at risk or unreasonably inconvenience 

16 the community. 

17 ‘‘(iv) PERIOD OF INITIAL AUTHORIZA18 TION.—No warrant described in clause (i) 

19 may authorize the use of a cell site simu20 lator for any period longer than is nec21 essary to achieve the objective of the au22 thorization, nor in any event for longer 

23 than 30 days. 

24 ‘‘(v) EXTENSIONS.— 


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1 ‘‘(I) IN GENERAL.—A court may 

2 grant extensions of a warrant de3 scribed in clause (i), but only upon 

4 application for an extension made in 

5 accordance with clause (i) and the 

6 court considering the factors described 

7 in clause (iii) and determining the re8 quirements under clause (ii) are met. 

9 ‘‘(II) PERIOD OF EXTENSION.— 

10 The period of an extension of a war11 rant shall be no longer than the au12 thorizing judge determines necessary 

13 to achieve the purposes for which the 

14 extension was granted, nor in any 

15 event for longer than 30 days. 

16 ‘‘(vi) TERMINATION PROVISION.— 

17 Each warrant described in clause (i), and 

18 each extension thereof, shall contain a pro19 vision that the authorization to use the cell 

20 site simulator shall be executed as soon as 

21 practicable and shall terminate upon at22 tainment of the authorized objective, or in 

23 any event in 30 days. 

24 ‘‘(vii) START OF 30-DAY PERIODS.— 

25 The 30-day periods described in clauses 


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1 (iv), (v)(II), and (vi) shall begin on the 

2 earlier of— 

3 ‘‘(I) the date on which a law en4 forcement agency first begins to use 

5 the cell site simulator as authorized 

6 by the warrant, or extension thereof; 

7 or 

8 ‘‘(II) the date that is 10 days 

9 after the warrant, or extension there10 of, is issued. 

11 ‘‘(B) EMERGENCY.— 

12 ‘‘(i) IN GENERAL.—Subject to clause 

13 (ii), subsection (a)(1) shall not apply to the 

14 use of a cell-site simulator by a law en15 forcement agency of a governmental entity, 

16 or use of a cell-site simulator as part of as17 sistance provided by a component of the 

18 Department of Defense or an Armed Force 

19 to such a law enforcement agency, if— 

20 ‘‘(I) the governmental entity rea21 sonably determines an emergency ex22 ists that— 

23 ‘‘(aa) involves— 


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1 ‘‘(AA) immediate dan2 ger of death or serious phys3 ical injury to any person; 

4 ‘‘(BB) conspiratorial 

5 activities characteristic of 

6 organized crime; or 

7 ‘‘(CC) an immediate 

8 threat to a national security 

9 interest; and 

10 ‘‘(bb) requires use of a cell11 site simulator before a warrant 

12 described in subparagraph (A) 

13 can, with due diligence, be ob14 tained; and 

15 ‘‘(II) except in an instance in 

16 which the governmental entity is try17 ing to locate a lost or missing person, 

18 locate someone believed to have been 

19 abducted or kidnaped, or find victims, 

20 dead or alive, in an area where a nat21 ural disaster, terrorist attack, or other 

22 mass casualty event has taken place— 

23 ‘‘(aa) there are grounds 

24 upon which a warrant described 


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1 in subparagraph (A) could be en2 tered to authorize such use; and 

3 ‘‘(bb) the governmental enti4 ty applies for a warrant described 

5 in subparagraph (A) approving 

6 such use not later than 48 hours 

7 after such use begins, and takes 

8 such steps to expedite the consid9 eration of such application as 

10 may be possible. 

11 ‘‘(ii) TERMINATION OF EMERGENCY

12 USE.— 

13 ‘‘(I) IN GENERAL.—A law en14 forcement agency of a governmental 

15 entity shall immediately terminate use 

16 of a cell-site simulator under clause 

17 (i) of this subparagraph at the earlier 

18 of the time the information sought is 

19 obtained or the time the application 

20 for a warrant described in subpara21 graph (A) is denied. 

22 ‘‘(II) WARRANT DENIED.—If an 

23 application for a warrant described in 

24 clause (i)(II)(bb) is denied— 


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1 ‘‘(aa) any information or 

2 evidence derived from use of the 

3 cell-site simulator shall be subject 

4 to subsection (c); 

5 ‘‘(bb) the attorney for the 

6 governmental entity submitting 

7 the application shall— 

8 ‘‘(AA) retain, until the 

9 date that is 1 year after the 

10 date of the denial, a single 

11 copy of any information or 

12 evidence derived from use of 

13 the cell-site simulator for po14 tential use by a person 

15 about whose electronic de16 vice the government ob17 tained information with the 

18 cell site simulator, which 

19 may not be used for any 

20 other purpose; and 

21 ‘‘(BB) promptly destroy 

22 any other copies of such in23 formation or evidence; and 

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1 tice in accordance with subpara2 graph (D). 

3 ‘‘(C) DISCLOSURES REQUIRED IN APPLICA4 TION.—In any application for a warrant au5 thorizing the use of a cell-site simulator under 

6 subparagraph (A) or (B), the governmental en7 tity shall include the following: 

8 ‘‘(i) A disclosure of any potential dis9 ruption of the ability of the subject of the 

10 surveillance or bystanders to use commer11 cial mobile radio services or private mobile 

12 services, including using advanced commu13 nications services, to make or receive, as 

14 applicable— 

15 ‘‘(I) emergency calls (including 

16 9–1–1 calls); 

17 ‘‘(II) calls to the universal tele18 phone number within the United 

19 States for the purpose of the national 

20 suicide prevention and mental health 

21 crisis hotline system under designated 

22 under paragraph (4) of section 251(e) 

23 of the Communications Act of 1934 

24 (47 U.S.C. 251(e)); 


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1 ‘‘(III) calls to the nationwide toll2 free number for the poison control 

3 centers established under section 1271 

4 of the Public Health Service Act (42 

5 U.S.C. 300d–71); 

6 ‘‘(IV) calls using telecommuni7 cations relay services; or 

8 ‘‘(V) any other communications 

9 or transmissions. 

10 ‘‘(ii) A certification that the specific 

11 model of the cell-site simulator to be used 

12 has been inspected by a third party that is 

13 an accredited testing laboratory recognized 

14 by the Federal Communications Commis15 sion to verify the accuracy of the disclosure 

16 under clause (i). 

17 ‘‘(iii) A disclosure of the methods and 

18 precautions that will be used to minimize 

19 disruption, including— 

20 ‘‘(I) any limit on the length of 

21 time the cell-site simulator can be in 

22 continuous operation; and 

23 ‘‘(II) any user-defined limit on 

24 the transmission range of the cell-site 

25 simulator. 


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1 ‘‘(iv) A disclosure as to whether the 

2 cell-site simulator will be used in an area 

3 or at a gathering where constitutionally 

4 protected activity, including speech or reli5 gious observance, will occur. 

6 ‘‘(v) A disclosure as to whether sen7 sitive matters, such as attorney-client com8 munications, political campaign or political 

9 party deliberations, medical information, or 

10 communications among elected political 

11 representatives of a State or the Federal 

12 Government, will be implicated. 

13 ‘‘(vi) A disclosure as to the estimated 

14 number of individuals whose communica15 tions, electronic device, or location infor16 mation will be implicated. 

17 ‘‘(D) NOTICE.— 

18 ‘‘(i) IN GENERAL.—Notice regarding 

19 the use of a cell-site simulator shall include 

20 an inventory, containing— 

21 ‘‘(I) the fact of the entry of the 

22 warrant or the application; 

23 ‘‘(II) the date of the entry and 

24 the period of authorized, approved or 


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1 disapproved use of a cell-site simu2 lator, or the denial of the application; 

3 ‘‘(III) whether, during the pe4 riod— 

5 ‘‘(aa) information about 

6 their electronic device was, or 

7 was not, obtained by the govern8 ment; 

9 ‘‘(bb) their location was, or 

10 was not, tracked; and 

11 ‘‘(cc) their communications 

12 were, or were not, intercepted; 

13 and 

14 ‘‘(IV) confirmation that all infor15 mation unrelated to the individual to16 wards whom the warrant was directed 

17 has been destroyed. 

18 ‘‘(ii) PROVISION OF NOTICE TO OTHER

19 PARTIES.—The court issuing a warrant au20 thorizing the use of a cell-site simulator 

21 may also require that notice be provided to 

22 other persons not named in the applica23 tion, whose electronic devices the govern24 mental entity obtained information with 

25 the cell site simulator. 


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1 ‘‘(2) FOREIGN INTELLIGENCE SURVEIL2 LANCE.—Use of a cell-site simulator by an element 

3 of the intelligence community shall not be subject to 

4 subsection (a)(1) if it is conducted in a manner that 

5 is in accordance with title I of the Foreign Intel6 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

7 seq.) (including testing or training authorized under 

8 paragraph (1) or (3) of section 105(g) of such Act 

9 (50 U.S.C. 1805(g)) (including such testing or train10 ing conducted in conjunction with a component of 

11 the Department of Defense or an Armed Force), if 

12 any information obtained during such testing or 

13 training (including metadata) is destroyed after its 

14 use for such testing or training). 

15 ‘‘(3) RESEARCH.—Subsection (a)(1) shall not 

16 apply to the use of a cell-site simulator in order to 

17 engage, in good-faith, in research or teaching by a 

18 person that is not— 

19 ‘‘(A) a law enforcement agency of a gov20 ernmental entity; 

21 ‘‘(B) an element of the intelligence commu22 nity; or 

23 ‘‘(C) acting as an agent thereof. 

24 ‘‘(4) PROTECTIVE SERVICES.— 


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1 ‘‘(A) IN GENERAL.—Subsection (a)(1) 

2 shall not apply to the use of a cell-site simu3 lator in the performance of protective duties 

4 pursuant to section 3056 of this title or as oth5 erwise authorized by law. 

6 ‘‘(B) PROHIBITION ON USE AS EVI7 DENCE.—No information acquired through the 

8 use of a cell-site simulator under the authority 

9 under subparagraph (A), and no evidence de10 rived therefrom, may be used, received in evi11 dence, or otherwise disseminated in any inves12 tigation, trial, hearing, or other proceeding by, 

13 in, or before any court, grand jury, department, 

14 officer, agency, regulatory body, legislative com15 mittee, or other authority of the United States, 

16 a State, or a political subdivision thereof. 

17 ‘‘(C) NO BAR TO OTHER AUTHORIZED

18 USE.—Nothing in subparagraph (A) or (B) 

19 shall be construed to prohibit the United States 

20 Secret Service from using a cell-site simulator 

21 in accordance with a provision of this section 

22 other than subparagraph (A). 

23 ‘‘(5) CONTRABAND INTERDICTION BY CORREC24 TIONAL FACILITIES.—Subsection (a)(1) shall not 

25 apply to the use of a contraband interdiction system 


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1 if the correctional facility or the entity operating the 

2 contraband interdiction system for the benefit of the 

3 correctional facility— 

4 ‘‘(A) has— 

5 ‘‘(i) taken reasonable steps to restrict 

6 transmissions by the contraband interdic7 tion system to cellular devices physically lo8 cated within the property of the correc9 tional facility; 

10 ‘‘(ii) posted signs around the correc11 tional facility informing visitors and staff 

12 that the correctional facility employs such 

13 a contraband interdiction system; and 

14 ‘‘(iii) complied with any relevant regu15 lations promulgated by the Federal Com16 munications Commission and, as applica17 ble, policies issued by the National Tele18 communications and Information Adminis19 tration; 

20 ‘‘(B) annually tests and evaluates compli21 ance with subparagraph (A) in accordance with 

22 best practices, which shall be issued by the Fed23 eral Communications Commission; and 

24 ‘‘(C) not later than 10 business days after 

25 identifying an issue relating to the use of the 


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1 contraband interdiction system, whether in the 

2 course of normal business operations or con3 ducting testing and evaluation, submits to the 

4 Federal Communications Commission a report 

5 describing the issues identified and the steps 

6 taken to address the issues. 

7 ‘‘(6) TESTING AND TRAINING BY LAW EN8 FORCEMENT.—Subsection (a)(1) shall not apply to 

9 the use of a cell-site simulator by a law enforcement 

10 agency of a governmental entity in the normal 

11 course of official duties that is not targeted against 

12 the communications of any particular person or per13 sons, under procedures approved by the Attorney 

14 General, solely to— 

15 ‘‘(A) test the capability of electronic equip16 ment, if— 

17 ‘‘(i) it is not reasonable to obtain the 

18 consent of the persons incidentally sub19 jected to the surveillance; 

20 ‘‘(ii) the test is limited in extent and 

21 duration to that necessary to determine to 

22 capability of the equipment; 

23 ‘‘(iii) any information obtained during 

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1 termining the capability of the equipment, 

2 is disclosed only to test personnel, and is 

3 destroyed before or immediately upon com4 pletion of the test; and 

5 ‘‘(iv) the test is for a period of not 

6 longer than 90 days, unless the law en7 forcement agency obtains the prior ap8 proval of the Attorney General; or 

9 ‘‘(B) train law enforcement personnel in 

10 the use of electronic surveillance equipment, 

11 if— 

12 ‘‘(i) it is not reasonable to— 

13 ‘‘(I) obtain the consent of the 

14 persons incidentally subjected to the 

15 surveillance; 

16 ‘‘(II) train persons in the course 

17 of otherwise authorized law enforce18 ment activities; or 

19 ‘‘(III) train persons in the use of 

20 such equipment without engaging in 

21 surveillance; 

22 ‘‘(ii) such surveillance is limited in ex23 tent and duration to that necessary to 

24 train the personnel in the use of the equip25 ment; and 


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1 ‘‘(iii) any information obtained during 

2 such training (including metadata) is de3 stroyed after its use for such training. 

4 ‘‘(7) FCC TESTING.—Subsection (a)(1) shall 

5 not apply to the use of a cell-site simulator by the 

6 Federal Communications Commission, or an accred7 ited testing laboratory recognized by the Federal 

8 Communications Commission, in order to test the 

9 cell-site simulator. 

10 ‘‘(8) RULE OF CONSTRUCTION.—Nothing in 

11 this subsection shall be construed to exempt a State 

12 or local government from complying with regulations 

13 promulgated by the Federal Communications Com14 mission, including the requirement to obtain author15 ization to transmit on spectrum regulated by the 

16 Federal Communications Commission. 

17 ‘‘(e) LIMIT ON CERTAIN USE NOT CONDUCTED PUR18 SUANT TO WARRANTS AND ORDERS.—The use of a cell19 site simulator under subsection (d)(1)(B) of this section 

20 (which shall not include such a use by a component of 

21 the Department of Defense or an Armed Force providing 

22 assistance to a law enforcement agency of a governmental 

23 entity under such subsection (d)(1)(B)), under section 

24 105(e) of the Foreign Intelligence Surveillance Act of 

25 1978 (50 U.S.C. 1805(e)), or under clause (i) or (ii) of 


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1 section 102(a)(1)(A) of the Foreign Intelligence Surveil2 lance Act of 1978 (50 U.S.C. 1802(a)(1)(A)) may only 

3 be carried out lawfully using a specific model of a cell4 site simulator for which the disclosures required under 

5 clauses (i) and (ii) of subsection (d)(1)(C) were included 

6 with respect to the specific model in connection with— 

7 ‘‘(1) for use by an element of the intelligence 

8 community under title I of the Foreign Intelligence 

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

10 an application for an order under such Act that was 

11 approved; or 

12 ‘‘(2) for use by a law enforcement agency of a 

13 governmental entity, an application for a warrant— 

14 ‘‘(A) under the Federal Rules of Criminal 

15 Procedure that was approved by a judge of the 

16 judicial district in which the law enforcement 

17 agency intends to use the cell-site simulator; or 

18 ‘‘(B) using State warrant procedures that 

19 was approved by a judge of the State in which 

20 the law enforcement agency intends to use the 

21 cell-site simulator. 

22 ‘‘(f) MINIMIZATION.— 

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

24 adopt specific procedures that are reasonably de25 signed to minimize the acquisition and retention, 


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1 provide for the destruction, and prohibit the dissemi2 nation, of information obtained through the use of 

3 a cell-site simulator under an exception under para4 graph (1) or (2) of subsection (d) that pertains to 

5 any person who is not an authorized subject of the 

6 use. 

7 ‘‘(2) PUBLICATION.—The Attorney General 

8 shall make publicly available on the website of the 

9 Department of Justice the procedures adopted under 

10 paragraph (1) and any revisions to such procedures. 

11 ‘‘(3) USE BY AGENCIES.—If a law enforcement 

12 agency of a governmental entity or element of the 

13 intelligence community acquires information per14 taining to a person who is not an authorized subject 

15 of the use of a cell-site simulator under an exception 

16 under paragraph (1) or (2) of subsection (d), the 

17 law enforcement agency or element of the intel18 ligence community shall— 

19 ‘‘(A) minimize the acquisition and reten20 tion, and prohibit the dissemination, of the in21 formation in accordance with the procedures 

22 adopted under paragraph (1); and 

23 ‘‘(B) destroy the information (including 

24 metadata) at the earliest possible opportunity. 


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1 ‘‘(g) DISCLOSURE TO DEFENDANT.—Any informa2 tion acquired through the operation of a cell-site simu3 lator, or derived from such information, including the fact 

4 that the information was obtained or derived, as the case 

5 may be, from a cell-site simulator, shall be disclosed to 

6 the defendant in any action in which the information is 

7 introduced into evidence. 

8 ‘‘(h) SCOPE OF COLLECTION.— 

9 ‘‘(1) AUTHORIZED USE.—Information collected 

10 under this section may only include information 

11 identifying nearby electronic devices communicating 

12 with the cell-site simulator and the strength and di13 rection of transmissions from those electronic de14 vices. 

15 ‘‘(2) COMPLIANCE WITH WIRETAPPING RE16 QUIREMENTS TO OBTAIN CONTENTS.—In the case of 

17 any interception of a wire or electronic communica18 tion by the cell-site simulator— 

19 ‘‘(A) with respect to an interception by a 

20 law enforcement agency of a governmental enti21 ty, the provisions of chapter 119 shall apply in 

22 addition to the provisions of this section; and 

23 ‘‘(B) with respect to an interception by an 

24 element of the intelligence community targeted 

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1 cated in the United States, the element of the 

2 intelligence community may only conduct the 

3 surveillance using the cell-site simulator in ac4 cordance with an order authorizing the use 

5 issued in accordance with title I of the Foreign 

6 Intelligence Surveillance Act of 1978 (50 

7 U.S.C. 1801 et seq.), in addition to complying 

8 with the provisions of this section. 

9 ‘‘(3) COMPLIANCE WITH TRACKING DEVICE RE10 QUIREMENTS.— 

11 ‘‘(A) IN GENERAL.—If a cell-site simulator 

12 is to be used by a law enforcement agency of 

13 a governmental entity to locate or track the 

14 movement of a person or object, the provisions 

15 of section 3117 and rule 41 of the Federal 

16 Rules of Criminal Procedure shall apply in ad17 dition to the provisions of this section. 

18 ‘‘(B) COURT.—For purposes of applying 

19 section 3117 and rule 41 of the Federal Rules 

20 of Criminal Procedure to the use of a cell-site 

21 simulator, a Federal court may authorize such 

22 use within the jurisdiction of the court, and 

23 outside that jurisdiction if— 

24 ‘‘(i) the use commences within that 

25 jurisdiction; or 


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1 ‘‘(ii) at the time the application is 

2 presented to the court, the governmental 

3 entity certifies that it has probable cause 

4 to believe that the target is physically lo5 cated within that jurisdiction. 

6 ‘‘(i) CIVIL ACTION.—Any person subject to an unlaw7 ful operation of a cell-site simulator may bring a civil ac8 tion for appropriate relief (including declaratory and in9 junctive relief, actual damages, statutory damages of not 

10 more than $500 for each violation, and attorney fees) 

11 against the person, including a governmental entity, that 

12 conducted that unlawful operation. 

13 ‘‘(j) ADMINISTRATIVE DISCIPLINE.—If a court or ap14 propriate department or agency determines that the 

15 United States or any of its departments or agencies has 

16 violated any provision of this section, and the court or ap17 propriate department or agency finds that the cir18 cumstances surrounding the violation raise serious ques19 tions about whether or not an officer or employee of the 

20 United States acted willfully or intentionally with respect 

21 to the violation, the department or agency shall, upon re22 ceipt of a true and correct copy of the decision and find23 ings of the court or appropriate department or agency 

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1 ranted. If the head of the department or agency involved 

2 determines that disciplinary action is not warranted, he 

3 or she shall notify the Inspector General with jurisdiction 

4 over the department or agency concerned and shall provide 

5 the Inspector General with the reasons for such deter6 mination. 

7 ‘‘(k) DEFINITIONS.—As used in this section— 

8 ‘‘(1) the terms defined in section 2711 have, re9 spectively, the definitions given such terms in that 

10 section; 

11 ‘‘(2) the term ‘advanced communications serv12 ices’ has the meaning given that term in section 3 

13 of the Communications Act of 1934 (47 U.S.C. 

14 153); 

15 ‘‘(3) the term ‘cell-site simulator’ means any 

16 device that functions as or simulates a base station 

17 for commercial mobile services or private mobile 

18 services in order to identify, locate, or intercept 

19 transmissions from cellular devices for purposes 

20 other than providing ordinary commercial mobile 

21 services or private mobile services; 

22 ‘‘(4) the term ‘commercial mobile radio service’ 

23 has the meaning given that term in section 20.3 of 

24 title 47, Code of Federal Regulations, or any suc25 cessor thereto; 


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1 ‘‘(5) the term ‘contraband interdiction system’ 

2 means any device that functions as or simulates a 

3 base station for commercial mobile services or pri4 vate mobile services for purposes of identifying, lo5 cating, or intercepting transmissions from contra6 band cellular devices in correctional facilities; 

7 ‘‘(6) the term ‘derived’ means, with respect to 

8 information or evidence, that the government would 

9 not have originally possessed the information or evi10 dence but for the use of a cell-site simulator, and re11 gardless of any claim that the information or evi12 dence is attenuated from the surveillance would in13 evitably have been discovered, or was subsequently 

14 reobtained through other means; 

15 ‘‘(7) the term ‘electronic communication’ has 

16 the meaning given that term in section 2510; 

17 ‘‘(8) the term ‘electronic device’ has the mean18 ing given the term ‘computer’ in section 1030(e); 

19 ‘‘(9) the term ‘emergency call’ has the meaning 

20 given that term in section 6001 of the Middle Class 

21 Tax Relief and Job Creation Act of 2012 (47 U.S.C. 

22 1401); 

23 ‘‘(10) the term ‘intelligence community’ has the 

24 meaning given that term in section 3 of the National 

25 Security Act of 1947 (50 U.S.C. 3003); 


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1 ‘‘(11) the term ‘mitigation’ means the deletion 

2 of all information collected about a person who is 

3 not the subject of the warrant or investigation; 

4 ‘‘(12) the term ‘private mobile service’ has the 

5 meaning given that term in section 332 of the Com6 munications Act of 1934 (47 U.S.C. 332); 

7 ‘‘(13) the term ‘telecommunications relay serv8 ice’ has the meaning given that term in section 225 

9 of the Communications Act of 1934 (47 U.S.C. 

10 225); and 

11 ‘‘(14) the term ‘United States person’ has the 

12 meaning given that term in section 101 of the For13 eign Intelligence Surveillance Act of 1978 (50 

14 U.S.C. 1801).’’. 

15 (b) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

16 1978 REQUIREMENTS.—The Foreign Intelligence Surveil17 lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— 

18 (1) in section 101 (50 U.S.C. 1801), as amend19 ed by section 203 of this Act, by adding at the end 

20 the following: 

21 ‘‘(r) ‘Cell-site simulator’ has the meaning given that 

22 term in section 3119 of title 18, United States Code.’’; 

23 (2) in section 102(a) (50 U.S.C. 1802(a)), by 

24 adding at the end the following: 


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1 ‘‘(5) The Government may only use a cell-site simu2 lator pursuant to the authority under clause (i) or (ii) of 

3 paragraph (1)(A) without obtaining an order under this 

4 title authorizing such use if the Government has imple5 mented measures that are reasonably likely to limit the 

6 collection activities to— 

7 ‘‘(A) means of communications used exclusively 

8 between or among foreign powers, as defined in 

9 paragraph (1), (2), or (3) of section 101(a); or 

10 ‘‘(B) property or premises under the open and 

11 exclusive control of a foreign power, as defined in 

12 paragraph (1), (2), or (3) of section 101(a).’’; and 

13 (3) in section 105 (50 U.S.C. 1805), by adding 

14 at the end the following: 

15 ‘‘(k)(1) A judge having jurisdiction under section 103 

16 may issue an order under this section that authorizes the 

17 use of a cell-site simulator only if the applicant— 

18 ‘‘(A) demonstrates that other investigative pro19 cedures, including electronic location tracking meth20 ods that solely collect records of the investigative 

21 target— 

22 ‘‘(i) have been tried and have failed; or 

23 ‘‘(ii) reasonably appear to be— 

24 ‘‘(I) unlikely to succeed if tried; or 

25 ‘‘(II) too dangerous; 


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1 ‘‘(B) specifies the likely area of effect of the 

2 cell-site simulator to be used and the time that the 

3 cell-site simulator will be in operation; 

4 ‘‘(C) certifies that the requested area of effect 

5 and time of operation are the narrowest reasonably 

6 possible to obtain the necessary information; 

7 ‘‘(D) specifies the procedures in place to ensure 

8 that information unrelated to the target of the appli9 cation will be promptly destroyed; and 

10 ‘‘(E) demonstrates that the requested use of a 

11 cell-site simulator would be in compliance with appli12 cable provisions of the Communications Act of 1934 

13 (47 U.S.C. 151 et seq.) and the rules of the Federal 

14 Communications Commission. 

15 ‘‘(2) In any application for an order under this sec16 tion authorizing the use of a cell-site simulator, the appli17 cant shall include the following: 

18 ‘‘(A) A disclosure of any potential disruption of the 

19 ability of the subject of the surveillance or bystanders to 

20 use commercial mobile radio services or private mobile 

21 services, including using advanced communications serv22 ices, to make or receive, as applicable— 

23 ‘‘(i) emergency calls (including 9–1–1 calls); 

24 ‘‘(ii) calls to the universal telephone number within 

25 the United States for the purpose of the national suicide 


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1 prevention and mental health crisis hotline system under 

2 designated under paragraph (4) of section 251(e) of the 

3 Communications Act of 1934 (47 U.S.C. 251(e)); 

4 ‘‘(iii) calls to the nationwide toll-free number for the 

5 poison control centers established under section 1271 of 

6 the Public Health Service Act (42 U.S.C. 300d–71); 

7 ‘‘(iv) calls using telecommunications relay services; or 

8 ‘‘(v) any other communications or transmissions. 

9 ‘‘(B) A certification that the specific model of the 

10 cell-site simulator to be used has been inspected by a third 

11 party that is an accredited testing laboratory recognized 

12 by the Federal Communications Commission to verify the 

13 accuracy of the disclosure under paragraph (1). 

14 ‘‘(C) A disclosure of the methods and precautions 

15 that will be used to minimize disruption, including— 

16 ‘‘(i) any limit on the length of time the cell-site simu17 lator can be in continuous operation; and 

18 ‘‘(ii) any user-defined limit on the transmission range 

19 of the cell-site simulator. 

20 ‘‘(D) A disclosure as to whether the cell-site simu21 lator will be used in an area or at a gathering where con22 stitutionally protected activity, including speech or reli23 gious observation, will occur. 

24 ‘‘(E) A disclosure as to whether sensitive matters, 

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1 paign or political party deliberations, medical information, 

2 or communications among elected political representatives 

3 of a State or the Federal Government, will be implicated. 

4 ‘‘(F) A disclosure as to the estimated number of indi5 viduals whose communications, devices, or location infor6 mation will be implicated. 

7 ‘‘(3) In considering an application for an order under 

8 this section that authorizes the use of a cell-site simulator, 

9 the court shall— 

10 ‘‘(A) consider— 

11 ‘‘(i) the number of individuals impacted; 

12 ‘‘(ii) the nature of any communications to be ob13 tained; and 

14 ‘‘(iii) the type of activities in which users of an elec15 tronic device (as defined in section 3119(k) of title 18, 

16 United States Code) are engaged; 

17 ‘‘(B) direct the Government to take steps to ensure 

18 heightened protections for constitutionally protected ac19 tivities and to minimize the collection of any information 

20 relating to individuals for whom the Government has not 

21 established probable cause as to their status as a foreign 

22 power or an agent of a foreign power; 

23 ‘‘(C) weigh the need of the Government to obtain the 

24 information sought against the likelihood and impact of 


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1 any potential negative side effects, including those dis2 closed by the Government under paragraph (2); and 

3 ‘‘(D) not grant a request for an order that would put 

4 public safety at risk or unreasonably inconvenience the 

5 community.’’. 

6 (c) CONFORMING AMENDMENT.—Section 3127 of 

7 title 18, United States Code, is amended— 

8 (1) in paragraph (3) by striking ‘‘but such term 

9 does not include any’’ and inserting ‘‘except such 

10 term does not include any cell-site simulator, as that 

11 term is defined in section 3119, or’’; and 

12 (2) in paragraph (4) by striking ‘‘of any com13 munication’’ and inserting ‘‘of any communication, 

14 except such term does not include any cell-site simu15 lator, as that term is defined in section 3119’’. 

16 (d) INSPECTOR GENERAL REPORTS.— 

17 (1) DEFINITION.—In this subsection, the term 

18 ‘‘covered Federal entity’’ means— 

19 (A) a law enforcement agency of a depart20 ment or agency of the Federal Government; and 

21 (B) an element of the intelligence commu22 nity (as defined in section 3 of the National Se23 curity Act of 1947 (50 U.S.C. 3003)). 

24 (2) REPORTS.—The Inspector General of the 

25 Department of Justice, the Inspector General of the 


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1 Department of Homeland Security, the Inspector 

2 General of the Department of Defense, and the In3 spector General of the Intelligence Community shall 

4 annually submit to Congress a joint report, and pub5 lish an unclassified version of the report on the 

6 website of each such inspector general, on— 

7 (A) the overall compliance of covered Fed8 eral entities with this title and the amendments 

9 made by this title; 

10 (B) the number of applications by covered 

11 Federal entities for use of a cell-site simulator 

12 that were applied for and the number that were 

13 granted; 

14 (C) the number of emergency uses of a 

15 cell-site simulator under section 3119(d)(1)(B) 

16 of title 18, United States Code, as added by 

17 this title; 

18 (D) the number of such emergency uses 

19 for which a court subsequently issued a warrant 

20 authorizing the use and the number of such 

21 emergency uses in which an application for a 

22 warrant was denied; 

23 (E) the number of devices that were tar24 geted with a cell-site simulator, which shall be 

25 provided separately for targeting conducted 


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1 pursuant to a warrant or court order and tar2 geting conducted pursuant to an authority to 

3 use a cell-site simulator without a warrant or 

4 order; 

5 (F) the number of devices that were not 

6 the target of the use of a cell-site simulator 

7 about which information was obtained with the 

8 cell-site simulator, which shall— 

9 (i) be provided separately for use con10 ducted pursuant to a warrant or court 

11 order and use conducted pursuant to an 

12 authority to use a cell-site simulator with13 out a warrant or order; and 

14 (ii) include the number of such de15 vices about which the information was not 

16 destroyed as a result of the minimization 

17 requirements under section 3119(f) of title 

18 18, United States Code, as added by this 

19 section, which shall be provided separately 

20 for use conducted pursuant to a warrant or 

21 court order and use conducted pursuant to 

22 an authority to use a cell-site simulator 

23 without a warrant or order; 

24 (G) which components of a law enforce25 ment agency of a department or agency of the 


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1 Federal Government are using cell-site simula2 tors and how many are available to that compo3 nent; and 

4 (H) instances in which a law enforcement 

5 agency of a department or agency of the Fed6 eral Government made cell-site simulators avail7 able to a State or unit of local government. 

8 (3) FORM OF REPORTS.—Each report sub9 mitted under paragraph (2) shall be submitted in 

10 unclassified form, but may include a classified 

11 annex. 

12 (e) FCC REGULATIONS.— 

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

14 after the date of enactment of this Act, the Federal 

15 Communications Commission shall initiate any pro16 ceeding that may be necessary to promulgate or 

17 modify regulations promulgated by the Federal Com18 munications Commission to implement this title and 

19 the amendments made by this title. 

20 (2) CONSTRUCTION.—Nothing in this title or 

21 an amendment made by this title shall be construed 

22 to expand or contract the authority of the Federal 

23 Communications Commission. 

24 (f) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), subsections (a), (b), (c), and (d) of this 

3 section, and the amendments made by such sub4 sections, shall apply on and after the date that is 2 

5 years after the date of enactment of this Act. 

6 (2) EXCEPTIONS.— 

7 (A) DEFINITION.—In this paragraph, the 

8 term ‘‘cell-site simulator’’ has the meaning 

9 given that term in section 3119 of title 18, 

10 United States Code, as added by subsection (a). 

11 (B) EXTENSION FOR EXISTING CELL-SITE

12 SIMULATORS.—For any model of a cell-site sim13 ulator in use before the date of enactment of 

14 this Act, including such use in a contraband 

15 interdiction system at a correctional facility, if 

16 the Attorney General certifies that additional 

17 time is necessary to obtain independent tests of 

18 the model of cell-site simulator, subsections (a), 

19 (b), (c), and (d) of this section, and the amend20 ments made by such subsections, shall apply to 

21 the use of the model of cell-site simulator on 

22 and after the date that is 3 years after the date 

23 of enactment of this Act. 


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1 TITLE VII—PROTECTION OF CAR 

2 DATA FROM WARRANTLESS 

3 SEARCHES 

4 SEC. 701. PROTECTION OF CAR DATA FROM WARRANTLESS 

5 SEARCHES. 

6 (a) IN GENERAL.—Part I of title 18, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘CHAPTER 124—ACCESSING VEHICLE 

9 DATA. 

‘‘Sec. 

‘‘2730. Definitions. 

‘‘2731. Prohibition on access to vehicle data. 

‘‘2732. Prohibition on use of acquired information as evidence. 

10 ‘‘§ 2730. Definitions 

11 ‘‘In this chapter: 

12 ‘‘(1) ACCESS.—The term ‘access’— 

13 ‘‘(A) means any retrieval of covered vehicle 

14 data, regardless of— 

15 ‘‘(i) whether the data is obtained as 

16 the information is being produced or from 

17 digital storage; and 

18 ‘‘(ii) where the vehicle data is stored 

19 or transmitted, including by wire or radio; 

20 and 

21 ‘‘(B) does not include data covered by 

22 chapter 119 of this title or section 104 of the 


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1 Foreign Intelligence Surveillance Act of 1978 

2 (50 U.S.C. 1804). 

3 ‘‘(2) CONSENT.—The term ‘consent’— 

4 ‘‘(A) means an affirmative, express, and 

5 voluntary agreement that— 

6 ‘‘(i) states that the person providing 

7 the consent is providing consent to a gov8 ernment official to access the digital con9 tents, access credential, or online account 

10 information, or other information being 

11 sought; 

12 ‘‘(ii) specifies the type of content, ac13 cess credential, or online account informa14 tion the person is providing access to; 

15 ‘‘(iii) specifies the time period of the 

16 covered vehicle data to be accessed; 

17 ‘‘(iv) informs the person providing 

18 consent that consent is optional and that 

19 the government official attempting to ob20 tain consent must otherwise acquire a war21 rant if consent is not obtained; 

22 ‘‘(v) does not involve sanctions or the 

23 threat of sanctions for withholding consent; 

24 and 


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1 ‘‘(vi) uses clear, simple, and com2 prehensible language that is presented in a 

3 way that is accessible to the person pro4 viding consent; and 

5 ‘‘(B) does not include consent obtained 

6 through agreement to a generic privacy policy. 

7 ‘‘(3) COVERED VEHICLE DATA.—The term ‘cov8 ered vehicle data’— 

9 ‘‘(A) means all onboard and telematics 

10 data generated by, processed by, or stored on a 

11 noncommercial vehicle using computing, storage 

12 and communication systems installed, attached 

13 to, or carried in the vehicle, including diagnostic 

14 data, entertainment system data, navigation 

15 data, images or data captured by onboard sen16 sors, or cameras, including images or data used 

17 to support automated features or autonomous 

18 driving, internet access, and communication to 

19 and from vehicle occupants; 

20 ‘‘(B) includes data gathered by event data 

21 recorders; and 

22 ‘‘(C) does not include— 

23 ‘‘(i) automotive software installed by 

24 the manufacturer, as defined by applicable 

25 industry standards or regulations; 


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1 ‘‘(ii) any data subject to chapter 119 

2 of this title or section 104 of the Foreign 

3 Intelligence Surveillance Act of 1978 (50 

4 U.S.C. 1804); or 

5 ‘‘(iii) data that is collected from out6 side the vehicle, including speed data and 

7 geolocation data, for purposes of traffic, 

8 law enforcement, or toll collection. 

9 ‘‘(4) EVENT DATA RECORDER.—The term 

10 ‘event data recorder’ has the meaning given the term 

11 in section 563.5 of title 49, Code of Federal Regula12 tions (as in effect on March 5, 2019). 

13 ‘‘(5) INVESTIGATIVE OR LAW ENFORCEMENT

14 OFFICER.—The term ‘investigative or law enforce15 ment officer’ means any officer of the United States 

16 or of a State or political subdivision thereof and any 

17 Tribal justice official, who is empowered by law to 

18 execute searches, to seize evidence, or to make ar19 rests for a violation of Federal or State law. 

20 ‘‘(6) NONCOMMERCIAL VEHICLE.—The term 

21 ‘noncommercial vehicle’ has the meaning given the 

22 term ‘non-CMV’ in section 383.5 of title 49, Code of 

23 Federal Regulations. 


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1 ‘‘(7) STATE.—The term ‘State’ means any 

2 State of the United States, the District of Columbia, 

3 and any territory or possession of the United States. 

4 ‘‘(8) VEHICLE OPERATOR.—The term ‘vehicle 

5 operator’ means— 

6 ‘‘(A) a person who controls the operation 

7 of a vehicle at the time consent is sought; and 

8 ‘‘(B) with respect to a vehicle that is not 

9 classified as a highly autonomous vehicle by the 

10 Secretary of Transportation, the driver of the 

11 vehicle. 

12 ‘‘§ 2731. Prohibition on access to vehicle data 

13 ‘‘(a) IN GENERAL.—Except as provided in subsection 

14 (b), an investigative or law enforcement officer may not 

15 access covered vehicle data unless pursuant to a warrant 

16 issued in accordance with the procedures described in rule 

17 41 of the Federal Rules of Criminal Procedure (or, in the 

18 case of a State court, issued using State warrant proce19 dures) by a court of competent jurisdiction, or as other20 wise provided in this chapter or sections 104 and 303 of 

21 the Foreign Intelligence Surveillance Act of 1978 (50 

22 U.S.C. 1804, 1823). 

23 ‘‘(b) EXCEPTIONS.— 

24 ‘‘(1) CONSENT.— 


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1 ‘‘(A) IN GENERAL.—An investigative or 

2 law enforcement officer may access covered ve3 hicle data if— 

4 ‘‘(i) the vehicle operator provides prior 

5 consent to such access; and 

6 ‘‘(ii) no passenger 14 years of age or 

7 older objects to the access. 

8 ‘‘(B) VEHICLE OWNER.—If the vehicle op9 erator cannot be located with reasonable effort, 

10 the vehicle owner or, in the case of a leased ve11 hicle, the lessee, may provide consent under this 

12 paragraph. 

13 ‘‘(C) UNLAWFUL POSSESSION.—No indi14 vidual may provide or withhold consent under 

15 this paragraph or object to another individual 

16 accessing covered vehicle data if the indi17 vidual— 

18 ‘‘(i) is the vehicle operator who is in 

19 unlawful possession of the vehicle; or 

20 ‘‘(ii) is a passenger who unlawfully 

21 obtained access to the vehicle. 

22 ‘‘(D) ORAL CONSENT.—Consent provided 

23 under this paragraph shall be in writing un24 less— 


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1 ‘‘(i) the person providing the consent 

2 requests that the consent be made orally; 

3 and 

4 ‘‘(ii) the request for consent and the 

5 consent are recorded. 

6 ‘‘(E) CONSENT OF VEHICLE OPERATOR.— 

7 If the vehicle operator is not the owner of the 

8 vehicle and provides consent under this para9 graph, the consent is valid only with respect to 

10 covered vehicle data generated during the lawful 

11 possession and use of the vehicle by the vehicle 

12 operator. 

13 ‘‘(2) EMERGENCY.— 

14 ‘‘(A) IN GENERAL.—An investigative or 

15 law enforcement officer, the Attorney General, 

16 the Deputy Attorney General, the Associate At17 torney General, or the principal prosecuting at18 torney of any State or subdivision thereof act19 ing pursuant to a statute of that State, may ac20 cess covered vehicle data if— 

21 ‘‘(i) such officer reasonably deter22 mines that an emergency situation exists 

23 that— 


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1 ‘‘(I) involves immediate danger of 

2 death or serious physical injury to any 

3 person; and 

4 ‘‘(II) requires access to covered 

5 vehicle data before such officer can, 

6 with due diligence, obtain a warrant; 

7 ‘‘(ii) there are grounds upon which a 

8 warrant could be granted to authorize such 

9 access; and 

10 ‘‘(iii) an application for a warrant ap11 proving such access is submitted to a court 

12 within 48 hours after the access has oc13 curred or begins to occur. 

14 ‘‘(B) DENIAL.—If an application for a 

15 warrant submitted pursuant to subparagraph 

16 (A)(iii) is denied, any covered vehicle data 

17 accessed under this paragraph shall be treated 

18 as having been obtained in violation of this 

19 chapter. 

20 ‘‘(3) EVENT DATA RECORDER FOR MOTOR VE21 HICLE SAFETY.—In addition to the exceptions in 

22 paragraphs (1) and (2), data recorded or trans23 mitted by an event data recorder may be accessed 

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1 graph (3), (4), or (5) of section 24302(b) of the 

2 Driver Privacy Act of 2015 (49 U.S.C. 30101 note). 

3 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

4 this section shall be interpreted to require the trans5 mission or storage of data that is not otherwise 

6 transmitted or stored, or the retrieval of data that 

7 is not generally retrievable. 

8 ‘‘§ 2732. Prohibition on use of acquired information 

9 as evidence 

10 ‘‘(a) IN GENERAL.—If any covered vehicle data has 

11 been acquired in violation of this chapter, no part of such 

12 information and no evidence derived therefrom may be 

13 used, received in evidence, or otherwise disseminated in 

14 any investigation, trial, hearing, or other proceeding by, 

15 in, or before any court, grand jury, department, officer, 

16 agency, regulatory body, legislative committee, or other 

17 authority of the United States, a State, or a political sub18 division thereof. 

19 ‘‘(b) PROBABLE CAUSE.—No data described in sec20 tion 2731(b)(3) may be used to establish probable cause.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) DRIVER PRIVACY ACT OF 2015.—Section 

23 24302 of the Driver Privacy Act of 2015 (49 U.S.C. 

24 30101 note) is amended— 


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1 (A) in subsection (b), in the matter pre2 ceding paragraph (1), by striking ‘‘Data’’ and 

3 inserting ‘‘Except as provided in subsection (c), 

4 data’’; and 

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

6 ‘‘(c) INVESTIGATIVE OR LAW ENFORCEMENT OFFI7 CERS.—An investigative or law enforcement officer may 

8 only access or retrieve data recorded or transmitted by an 

9 event data recorder described in subsection (a) in accord10 ance with chapter 124 of title 18, United States Code.’’. 

11 (2) TABLE OF CHAPTERS.—The table of chap12 ters for part 1 of title 18, United States Code, is 

13 amended by adding at the end the following: 

‘‘124. Accessing vehicle data ......................................................... 2730’’. 

14 TITLE VIII—INTELLIGENCE 

15 TRANSPARENCY 

16 SEC. 801. ENHANCED ANNUAL REPORTS BY DIRECTOR OF 

17 THE ADMINISTRATIVE OFFICE OF THE 

18 UNITED STATES COURTS. 

19 Section 603(a)(1) of the Foreign Intelligence Surveil20 lance Act of 1978 (50 U.S.C. 1873(a)(1)) is amended— 

21 (1) in subparagraph (E), by striking ‘‘; and’’ 

22 and inserting a semicolon; 

23 (2) in subparagraph (F), by striking the period 

24 at the end and inserting a semicolon; and 

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


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1 ‘‘(G) the number of certifications by the 

2 Foreign Intelligence Surveillance Court pursu3 ant to section 103(j); 

4 ‘‘(H) the number of petitions to certify a 

5 question made by an amicus curiae pursuant to 

6 section 103(i)(7)(A); 

7 ‘‘(I) the number of hearings or rehearings 

8 by the Foreign Intelligence Surveillance Court 

9 en banc pursuant to section 103(a)(2), 

10 disaggregated by hearings or rehearings by 

11 such court en banc pursuant to clause (i) or (ii) 

12 of such section; and 

13 ‘‘(J) the number of times amici curiae 

14 have been appointed pursuant to section 

15 103(i)(2).’’. 

16 SEC. 802. ENHANCED ANNUAL REPORTS BY DIRECTOR OF 

17 NATIONAL INTELLIGENCE. 

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

19 the Foreign Intelligence Surveillance Act of 1978 (50 

20 U.S.C. 1873(b)) is amended— 

21 (1) in paragraph (2)(C), by striking the semi22 colon and inserting ‘‘; and’’; 

23 (2) by redesignating paragraphs (3) through 

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


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1 (3) by inserting after paragraph (2) the fol2 lowing: 

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

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

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

6 and identifiers targeted under section 702(a), 

7 disaggregated by certification under which the per8 son or identifier was targeted; 

9 ‘‘(5) the total number of directives issued pur10 suant to section 702(i)(1), disaggregated by each 

11 type of electronic communication service provider de12 scribed in subparagraphs (A) through (E) of section 

13 701(b)(4);’’; and 

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

15 ‘‘(11)(A) the total number of disseminated in16 telligence reports derived from collection pursuant to 

17 section 702 containing the identities of United 

18 States persons regardless of whether the identities of 

19 the United States persons were openly included or 

20 masked; 

21 ‘‘(B) the total number of disseminated intelligence re22 ports derived from collection not authorized by this Act 

23 containing the identities of United States persons regard24 less of whether the identities of the United States persons 

25 were openly included or masked; 


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1 ‘‘(C) the total number of disseminated intelligence re2 ports derived from collection pursuant to section 702 con3 taining the identities of United States persons in which 

4 the identities of the United States persons were masked; 

5 ‘‘(D) the total number of disseminated intelligence re6 ports derived from collection not authorized by this Act 

7 containing the identities of United States persons in which 

8 the identities of the United States persons were masked; 

9 ‘‘(E) the total number of disseminated intelligence re10 ports derived from collection pursuant to section 702 con11 taining the identities of United States persons in which 

12 the identities of the United States persons were openly in13 cluded; and 

14 ‘‘(F) the total number of disseminated intelligence re15 ports derived from collection not authorized by this Act 

16 containing the identities of United States persons in which 

17 the identities of the United States persons were openly in18 cluded; 

19 ‘‘(12)(A) the number of queries conducted in an 

20 effort to find communications or information of or 

21 about 1 or more United States persons or persons 

22 reasonably believed to be located in the United 

23 States at the time of the query or the time of the 

24 communication or creation of the information that 

25 required a warrant pursuant to section 302; and 


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1 ‘‘(B) the number of queries conducted in an effort 

2 to find communications or information of or about 1 or 

3 more United States persons or persons reasonably believed 

4 to be located in the United States at the time of the query 

5 or the time of the communication or creation of the infor6 mation that did not require a warrant pursuant to section 

7 302; and 

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

9 which the Federal Government or a government of 

10 a State or political subdivision thereof entered into 

11 evidence or otherwise used or disclosed in a criminal 

12 proceeding any information obtained or derived from 

13 an acquisition conducted pursuant to Executive 

14 Order 12333 (50 U.S.C. 3001 note; relating to 

15 United States intelligence activities), or successor 

16 order, outside the authorities provided by this Act.’’. 

17 (b) REPEAL OF NONAPPLICABILITY TO FEDERAL

18 BUREAU OF INVESTIGATION OF CERTAIN REQUIRE19 MENTS.—Subsection (d) of such section is amended— 

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

21 (2) by redesignating paragraph (3) as para22 graph (2). 

23 (c) CONFORMING AMENDMENT.—Subsection (d)(1) 

24 of such section is amended by striking ‘‘paragraphs (3), 

25 (5), or (6)’’ and inserting ‘‘paragraph (6), (8), or (9)’’. 


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1 SEC. 803. ANNUAL REPORTING ON ACCURACY AND COM2 PLETENESS OF APPLICATIONS. 

3 Section 603 of the Foreign Intelligence Surveillance 

4 Act of 1978 (50 U.S.C. 1873) is amended— 

5 (1) by redesignating subsection (e) as sub6 section (f); and 

7 (2) by inserting after subsection (d) the fol8 lowing: 

9 ‘‘(e) ANNUAL REPORT BY ATTORNEY GENERAL ON

10 ACCURACY AND COMPLETENESS OF APPLICATIONS.— 

11 ‘‘(1) REPORT REQUIRED.—In April each year, 

12 the Attorney General shall submit to the appropriate 

13 committees of Congress and publish on the website 

14 of the Department of Justice, subject to a declas15 sification review, a report setting forth, with respect 

16 to the preceding calendar year, the following: 

17 ‘‘(A) A summary of all accuracy or com18 pleteness reviews of applications for court or19 ders submitted to the Foreign Intelligence Sur20 veillance Court by the Federal Bureau of Inves21 tigation under this Act. 

22 ‘‘(B) The total number of such applica23 tions reviewed for accuracy or completeness. 

24 ‘‘(C) The total number of material errors 

25 or omissions identified during such reviews. 


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1 ‘‘(D) The total number of nonmaterial er2 rors or omissions identified during such reviews. 

3 ‘‘(E) The total number of instances in 

4 which facts contained in an application were 

5 not supported by documentation that existed in 

6 the applicable file being reviewed at the time of 

7 the review. 

8 ‘‘(F) An explanation for any increase or 

9 decrease in the number of errors identified 

10 under subparagraphs (C) and (D), and in the 

11 event of an increase in the number of errors, a 

12 description of any action taken by the Depart13 ment to improve compliance and accuracy. 

14 ‘‘(2) INSPECTOR GENERAL RISK ASSESS15 MENT.—In addition to conducting audits under sec16 tion 401 of the Government Surveillance Reform Act 

17 of 2023, the Inspector General of the Department of 

18 Justice shall— 

19 ‘‘(A) periodically assess the reports re20 quired by paragraph (1); and 

21 ‘‘(B) as determined by the Inspector Gen22 eral, report any risks identified through such 

23 assessments to the appropriate committees of 

24 Congress. 


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1 ‘‘(3) DEFINITION OF APPROPRIATE COMMIT2 TEES OF CONGRESS.—In this subsection, the term 

3 ‘appropriate committees of Congress’ has the mean4 ing given that term in section 101.’’. 

5 SEC. 804. ALLOWING MORE GRANULAR AGGREGATE RE6 PORTING BY RECIPIENTS OF FOREIGN INTEL7 LIGENCE SURVEILLANCE ORDERS. 

8 (a) MODIFICATION OF AGGREGATION BANDING.— 

9 Subsection (a) of section 604 of the Foreign Intelligence 

10 Surveillance Act of 1978 (50 U.S.C. 1874) is amended— 

11 (1) by striking paragraphs (1) through (3) and 

12 inserting the following: 

13 ‘‘(1) A semiannual report that aggregates the 

14 number of orders, directives, or national security let15 ters with which the person was required to comply 

16 into separate categories of— 

17 ‘‘(A) the number of national security let18 ters received, reported— 

19 ‘‘(i) for the first 1000 national secu20 rity letters received, in bands of 200 start21 ing with 1–200; and 

22 ‘‘(ii) for more than 1000 national se23 curity letters received, the precise number 

24 of national security letters received; 


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1 ‘‘(B) the number of customer selectors tar2 geted by national security letters, reported— 

3 ‘‘(i) for the first 1000 customer selec4 tors targeted, in bands of 200 starting 

5 with 1–200; and 

6 ‘‘(ii) for more than 1000 customer se7 lectors targeted, the precise number of cus8 tomer selectors targeted; 

9 ‘‘(C) the number of orders or directives re10 ceived, combined, under this Act for contents— 

11 ‘‘(i) reported— 

12 ‘‘(I) for the first 1000 orders and 

13 directives received, in bands of 200 

14 starting with 1–200; and 

15 ‘‘(II) for more than 1000 orders 

16 and directives received, the precise 

17 number of orders received; and 

18 ‘‘(ii) disaggregated by whether the 

19 order or directive was issued under section 

20 105, 402, or 702; 

21 ‘‘(D) the number of customer selectors tar22 geted under orders or directives received, com23 bined, under this Act for contents— 

24 ‘‘(i) reported— 


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1 ‘‘(I) for the first 1000 customer 

2 selectors targeted, in bands of 200 

3 starting with 1–200; and 

4 ‘‘(II) for more than 1000 cus5 tomer selectors targeted, the precise 

6 number of customer selectors tar7 geted; and 

8 ‘‘(ii) disaggregated by whether the 

9 order or directive was issued under section 

10 105, 402, or 702; 

11 ‘‘(E) the number of orders or directives re12 ceived under this Act for noncontents— 

13 ‘‘(i) reported— 

14 ‘‘(I) for the first 1000 orders or 

15 directives received, in bands of 200 

16 starting with 1–200; and 

17 ‘‘(II) for more than 1000 orders 

18 or directives received, the precise 

19 number of orders received; and 

20 ‘‘(ii) disaggregated by whether the 

21 order or directive was issued under section 

22 105, 402, or 702; and 

23 ‘‘(F) the number of customer selectors tar24 geted under orders or directives under this Act 

25 for noncontents— 


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1 ‘‘(i) reported— 

2 ‘‘(I) for the first 1000 customer 

3 selectors targeted, in bands of 200 

4 starting with 1–200; and 

5 ‘‘(II) for more than 1000 cus6 tomer selectors targeted, the precise 

7 number of customer selectors tar8 geted; and 

9 ‘‘(ii) disaggregated by whether the 

10 order or directive was issued under section 

11 105, 402, or 702.’’; and 

12 (2) by redesignating paragraph (4) as para13 graph (2). 

14 (b) ADDITIONAL DISCLOSURES.—Such section is 

15 amended— 

16 (1) by redesignating subsections (b) through (d) 

17 as subsections (c) through (e), respectively; and 

18 (2) by inserting after subsection (a) the fol19 lowing: 

20 ‘‘(b) ADDITIONAL DISCLOSURES.—A person who 

21 publicly reports information under subsection (a) may also 

22 publicly report, using a semiannual report, information re23 lating to the previous 180 days that indicates whether the 

24 person was or was not required to comply with an order, 

25 directive, or national security letter issued under each of 


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1 sections 105, 402, and 702 and the provisions listed in 

2 section 603(f)(3).’’. 

3 (c) CONFORMING AMENDMENTS.—Subsection (c) of 

4 such section, as redesignated by subsection (b)(1) of this 

5 section, is amended— 

6 (1) in paragraph (1), by striking ‘‘or (2)’’; 

7 (2) by striking paragraph (2); 

8 (3) by redesignating paragraph (3) as para9 graph (2); and 

10 (4) in paragraph (2), as so redesignated, by 

11 striking ‘‘(4)’’ and inserting ‘‘(2)’’. 

12 SEC. 805. REPORT ON USE OF FOREIGN INTELLIGENCE 

13 SURVEILLANCE AUTHORITIES REGARDING 

14 PROTECTED ACTIVITIES AND PROTECTED 

15 CLASSES. 

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

17 of the enactment of this Act, the Privacy and Civil Lib18 erties Oversight Board shall make publicly available and 

19 submit to the appropriate committees of Congress a report 

20 on the use of activities and protected classes described in 

21 subsection (b) in— 

22 (1) applications for orders made by the United 

23 States Government under the Foreign Intelligence 

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

25 and 


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1 (2) investigations for which such orders are 

2 sought. 

3 (b) ACTIVITIES AND PROTECTED CLASSES DE4 SCRIBED.—The activities and protected classes described 

5 in this subsection are the following: 

6 (1) Activities and expression protected by the 

7 First Amendment to the Constitution of the United 

8 States. 

9 (2) Race, ethnicity, national origin, and reli10 gious affiliation. 

11 (c) FORM.—In addition to the report made publicly 

12 available and submitted under subsection (a), the Board 

13 may submit to the appropriate committees of Congress a 

14 classified annex. 

15 SEC. 806. PUBLICATION OF ESTIMATES REGARDING COM16 MUNICATIONS COLLECTED UNDER CERTAIN 

17 PROVISIONS OF FOREIGN INTELLIGENCE 

18 SURVEILLANCE ACT OF 1978. 

19 Not later than 90 days after the date of the enact20 ment of this Act, the Director of National Intelligence 

21 shall publish a good faith estimate of— 

22 (1) the number of United States persons whose 

23 communications are collected under section 702 of 

24 the Foreign Intelligence Surveillance Act of 1978 

25 (50 U.S.C. 1881a); or 


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1 (2) the number of communications collected 

2 under such section to which a party is a person lo3 cated in the United States at the time of commu4 nication. 

5 SEC. 807. ENHANCED REPORTING OF ASSESSMENTS OF 

6 COMPLIANCE WITH EMERGENCY ORDER RE7 QUIREMENTS UNDER CERTAIN PROVISIONS 

8 OF THE FOREIGN INTELLIGENCE SURVEIL9 LANCE ACT OF 1978. 

10 (a) ELECTRONIC SURVEILLANCE.— 

11 (1) ANNUAL ASSESSMENT.—Section 105(e)(6) 

12 of the Foreign Intelligence Surveillance Act of 1978 

13 (50 U.S.C. 1805(e)(6)) is amended by striking 

14 ‘‘shall assess compliance’’ and inserting ‘‘shall not 

15 less frequently than annually assess compliance’’. 

16 (2) REPORTING.—Section 108(a)(2) of the For17 eign Intelligence Surveillance Act of 1978 (50 

18 U.S.C. 1808(a)(2)) is amended— 

19 (A) in subparagraph (C), by striking ‘‘; 

20 and’’ and inserting a semicolon; 

21 (B) in subparagraph (D), by striking ‘‘sec22 tion 301(e).’’ and inserting ‘‘section 304(e); 

23 and’’; and 

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


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1 ‘‘(E) the annual assessment conducted 

2 pursuant to section 105(e)(6).’’. 

3 (b) PHYSICAL SEARCHES.— 

4 (1) ANNUAL ASSESSMENT.—Section 304(e)(6) 

5 of the Foreign Intelligence Surveillance Act of 1978 

6 (50 U.S.C. 1824(e)(6)) is amended by striking 

7 ‘‘shall assess compliance’’ and inserting ‘‘shall not 

8 less frequently than annually assess compliance’’. 

9 (2) REPORTING.—Section 306 of the Foreign 

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

11 1826) is amended— 

12 (A) in paragraph (3), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (B) in paragraph (4), by striking the pe15 riod and inserting ‘‘; and’’; and 

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

17 ‘‘(5) the annual assessment conducted pursuant 

18 to section 304(e)(6).’’. 

19 TITLE IX—SEVERABILITY AND 

20 LIMITED DELAYS IN IMPLE21 MENTATION 

22 SEC. 901. SEVERABILITY. 

23 If any provision of this Act, an amendment made by 

24 this Act, or the application of such a provision or amend25 ment to any person or circumstance, is held to be unconVerDate Sep 11 2014 22:49 Nov 18, 2023 Jkt 049200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S3234.IS S3234

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1 stitutional, the remaining provisions of and amendments 

2 made by this Act, and the application of the provision or 

3 amendment held to be unconstitutional to any other per4 son or circumstance, shall not be affected thereby. 

5 SEC. 902. LIMITED DELAYS IN IMPLEMENTATION. 

6 The Attorney General may, in coordination with the 

7 Director of National Intelligence as may be appropriate, 

8 delay implementation of a provision of this Act or an 

9 amendment made by this Act for a period of not more 

10 than 1 year upon a showing to the appropriate committees 

11 of Congress that the delay is necessary— 

12 (1) to develop and implement technical systems 

13 needed to comply with the provision or amendment; 

14 or 

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

16 with the provision or amendment. 

Æ 


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