IB 

Union Calendar No. 248 

118TH CONGRESS 

1ST SESSION H. R. 6570 

[Report No. 118–307, Part I] 

To amend the Foreign Intelligence Surveillance Act of 1978 to reform certain 

authorities and to provide greater transparency and oversight. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 4, 2023 

Mr. BIGGS (for himself, Mr. NADLER, Mr. JORDAN, Ms. JAYAPAL, Mr. DAVIDSON, Ms. JACOBS, and Mr. FRY) introduced the following bill; which was 

referred to the Committee on the Judiciary, and in addition to the Permanent Select Committee on Intelligence, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

DECEMBER 11, 2023 

Additional sponsors: Mr. LIEU, Mr. CRANE, Ms. NORTON, Ms. HOYLE of Oregon, Ms. LOFGREN, Mr. TIFFANY, Ms. SCHAKOWSKY, Mr. GOODEN of 

Texas, Ms. LEE of California, Mr. MCCLINTOCK, Mr. ROY, Mr. DUNCAN, 

Mr. DOGGETT, Mr. COLLINS, Ms. TLAIB, Ms. MACE, Mr. CASAR, Mr. 

BURLISON, Mr. GOOD of Virginia, Mr. BISHOP of North Carolina, Mr. 

VAN DREW, Mr. WEBER of Texas, Ms. HAGEMAN, Mr. BLUMENAUER, 

Mr. MOONEY, Ms. CHU, and Ms. PORTER

DECEMBER 11, 2023 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 11, 2023 

Permanent Select Committee on Intelligence discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6570 RH

[For text of introduced bill, see copy of bill as introduced on December 4, 2023] 

A BILL 

To amend the Foreign Intelligence Surveillance Act of 1978 

to reform certain authorities and to provide greater 

transparency and oversight. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 6570 RH

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. 

4 This Act may be cited as the ‘‘Protect Liberty and End 

5 Warrantless Surveillance Act of 2023’’. 

6 SEC. 2. QUERY PROCEDURE REFORM. 

7 (a) LIMITATION ON ELIGIBILITY TO CONDUCT QUE8 RIES.—Section 702(f)(1) of the Foreign Intelligence Sur9 veillance Act of 1978 (50 U.S.C. 1881a(f)(1)) is amended 

10 by adding at the end the following: 

11 ‘‘(D) LIMITATION ON ELIGIBILITY OF FBI

12 PERSONNEL TO CONDUCT UNITED STATES PER13 SON QUERIES.—The Attorney General shall en14 sure that the procedures adopted under subpara15 graph (A) limit the authority to conduct queries 

16 such that— 

17 ‘‘(i) for each field office of the Federal 

18 Bureau of Investigation, the most senior of19 ficial whose primary duty station is that 

20 field office is authorized to designate not 

21 more than five individuals whose primary 

22 duty station is that field office who are eli23 gible to conduct a query using a United 

24 States person query term; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 6570 RH

1 ‘‘(ii) for the headquarters of the Fed2 eral Bureau of Investigation, the Director of 

3 the Federal Bureau of Investigation is au4 thorized to designate not more than five in5 dividuals whose primary duty station is the 

6 Headquarters of the Federal Bureau of In7 vestigation who are eligible to conduct a 

8 query using a United States person query 

9 term.’’. 

10 (b) PROHIBITION ON WARRANTLESS QUERIES FOR

11 THE COMMUNICATIONS OF UNITED STATES PERSONS AND

12 PERSONS LOCATED IN THE UNITED STATES.—Section 

13 702(f) of the Foreign Intelligence Surveillance Act of 1978 

14 (50 U.S.C. 1881a(f)), as amended by subsection (a), is fur15 ther amended— 

16 (1) in paragraph (1)— 

17 (A) in subparagraph (A), by inserting ‘‘and 

18 the limitations and requirements in paragraph 

19 (2)’’ after ‘‘Constitution of the United States’’; 

20 and 

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

22 ‘‘United States person query term used for a 

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

24 person or person reasonably believed to be in the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 6570 RH

1 United States used for a query as required by 

2 paragraph (3)’’; 

3 (2) by redesignating paragraph (3) as para4 graph (6); and 

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

6 following: 

7 ‘‘(2) PROHIBITION ON WARRANTLESS QUERIES

8 FOR THE COMMUNICATIONS AND OTHER INFORMATION

9 OF UNITED STATES PERSONS AND PERSONS LOCATED

10 IN THE UNITED STATES.— 

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

12 subparagraphs (B) and (C), no officer or em13 ployee of the United States may conduct a query 

14 of information acquired under this section in an 

15 effort to find communications or information the 

16 compelled production of which would require a 

17 probable cause warrant if sought for law enforce18 ment purposes in the United States, of or about 

19 1 or more United States persons or persons rea20 sonably believed to be located in the United 

21 States at the time of the query or the time of the 

22 communication or creation of the information. 

23 ‘‘(B) EXCEPTIONS FOR CONCURRENT AU24 THORIZATION, CONSENT, EMERGENCY SITUAVerDate Sep 11 2014 00:50 Dec 12, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H6570.RH H6570

kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 6570 RH

1 TIONS, AND CERTAIN DEFENSIVE CYBERSECURITY

2 QUERIES.— 

3 ‘‘(i) IN GENERAL.—Subparagraph (A) 

4 shall not apply to a query related to a 

5 United States person or person reasonably 

6 believed to be located in the United States 

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

8 communication or creation of the informa9 tion if— 

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

11 an order or emergency authorization 

12 authorizing electronic surveillance or 

13 physical search under section 105 or 

14 304 of this Act, or a warrant issued 

15 pursuant to the Federal Rules of 

16 Criminal Procedure by a court of com17 petent jurisdiction authorizing the con18 duct of the query; 

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

20 carrying out the query has a reason21 able belief that— 

22 ‘‘(AA) an emergency exists 

23 involving an imminent threat of 

24 death or serious bodily harm; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 6570 RH

1 ‘‘(BB) in order to prevent or 

2 mitigate this threat, the query 

3 must be conducted before author4 ization pursuant to subparagraph 

5 (I) can, with due diligence, be ob6 tained; and 

7 ‘‘(bb) a description of the 

8 query is provided to the Foreign 

9 Intelligence Surveillance Court 

10 and the congressional intelligence 

11 committees and the Committees on 

12 the Judiciary of the House of 

13 Representatives and of the Senate 

14 in a timely manner; 

15 ‘‘(III) such person or, if such per16 son is incapable of providing consent, 

17 a third party legally authorized to con18 sent on behalf of such person, has pro19 vided consent to the query on a case20 by-case basis; or 

21 ‘‘(IV)(aa) the query uses a known 

22 cybersecurity threat signature as a 

23 query term; 

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

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 6570 RH

1 recipients of malicious software and preventing or miti2 gating harm from such malicious software; 

3 ‘‘(cc) no additional contents of communications re4 trieved as a result of the query are accessed or reviewed; 

5 and 

6 ‘‘(dd) all such queries are reported to the Foreign Intel7 ligence Surveillance Court. 

8 ‘‘(ii) LIMITATIONS.— 

9 ‘‘(I) USE IN SUBSEQUENT PRO10 CEEDINGS AND INVESTIGATIONS.—No 

11 information retrieved pursuant to a 

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

13 information derived from such query 

14 may be used, received in evidence, or 

15 otherwise disseminated in any inves16 tigation, trial, hearing, or other pro17 ceeding in or before any court, grand 

18 jury, department, office, agency, regu19 latory body, legislative committee, or 

20 other authority of the United States, a 

21 State, or political subdivision thereof, 

22 except in proceedings or investigations 

23 that arise from the threat that prompt24 ed the query. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 6570 RH

1 ‘‘(II) ASSESSMENT OF COMPLI2 ANCE.—The Attorney General shall not 

3 less frequently than annually assess 

4 compliance with the requirements 

5 under subclause (I). 

6 ‘‘(C) MATTERS RELATING TO EMERGENCY

7 QUERIES.— 

8 ‘‘(i) TREATMENT OF DENIALS.—In the 

9 event that a query for communications or 

10 information, the compelled production of 

11 which would require a probable cause war12 rant if sought for law enforcement purposes 

13 in the United States, of or about 1 more 

14 United States persons or persons reasonably 

15 believed to be located in the United States 

16 at the time of the query or the time of the 

17 communication or creation of the informa18 tion is conducted pursuant to an emergency 

19 authorization described in subparagraph 

20 (B)(i)(I) and the application for such emer21 gency authorization is denied, or in any 

22 other case in which the query has been con23 ducted and no order is issued approving the 

24 query— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 6570 RH

1 ‘‘(I) no information obtained or 

2 evidence derived from such query may 

3 be used, received in evidence, or other4 wise disseminated in any investiga5 tion, trial, hearing, or other proceeding 

6 in or before any court, grand jury, de7 partment, office, agency, regulatory 

8 body, legislative committee, or other 

9 authority of the United States, a State, 

10 or political subdivision thereof; and 

11 ‘‘(II) no information concerning 

12 any United States person or person 

13 reasonably believed to be located in the 

14 United States at the time of the query 

15 or the time of the communication or 

16 the creation of the information ac17 quired from such query may subse18 quently be used or disclosed in any 

19 other manner without the consent of 

20 such person, except with the approval 

21 of the Attorney General if the informa22 tion indicates a threat of death or seri23 ous bodily harm to any person. 

24 ‘‘(ii) ASSESSMENT OF COMPLIANCE.— 

25 The Attorney General shall not less freVerDate Sep 11 2014 00:50 Dec 12, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H6570.RH H6570

kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 6570 RH

1 quently than annually assess compliance 

2 with the requirements under clause (i). 

3 ‘‘(D) FOREIGN INTELLIGENCE PURPOSE.— 

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

5 officer or employee of the United States may con6 duct a query of information acquired under this 

7 section in an effort to find information of or 

8 about 1 or more United States persons or per9 sons reasonably believed to be located in the 

10 United States at the time of the query or the 

11 time of the communication or creation of the in12 formation unless the query is reasonably likely to 

13 retrieve foreign intelligence information. 

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

15 of the United States may conduct a query of informa16 tion acquired under this section in an effort to find 

17 information of or about 1 or more United States per18 sons or persons reasonably believed to be located in 

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

20 the communication or the creation of the information, 

21 unless first an electronic record is created, and a sys22 tem, mechanism, or business practice is in place to 

23 maintain such record, that includes the following: 

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

25 query. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 6570 RH

1 ‘‘(B) The date of the query. 

2 ‘‘(C) The identifier of the officer or em3 ployee. 

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

5 use of each query term included under subpara6 graph (A) is— 

7 ‘‘(i) reasonably likely to retrieve for8 eign intelligence information; or 

9 ‘‘(ii) in furtherance of the exceptions 

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

11 ‘‘(4) PROHIBITION ON RESULTS OF METADATA

12 QUERY AS A BASIS FOR ACCESS TO COMMUNICATIONS

13 AND OTHER PROTECTED INFORMATION.—If a query of 

14 information acquired under this section is conducted 

15 in an effort to find communications metadata of 1 or 

16 more United States persons or persons reasonably be17 lieved to be located in the United States at the time 

18 of the query or communication and the query returns 

19 such metadata, the results of the query shall not be 

20 used as a basis for reviewing communications or in21 formation a query for which is otherwise prohibited 

22 under this section. 

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

24 and requirements in this section shall apply to que25 ries of federated and mixed datasets that include inVerDate Sep 11 2014 00:50 Dec 12, 2023 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H6570.RH H6570

kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 6570 RH

1 formation acquired under this section, unless a mech2 anism exists to limit the query to information not ac3 quired under this section.’’. 

4 SEC. 3. LIMITATION ON USE OF INFORMATION OBTAINED 

5 UNDER SECTION 702 OF THE FOREIGN INTEL6 LIGENCE SURVEILLANCE ACT OF 1978 RELAT7 ING TO UNITED STATES PERSONS AND PER8 SONS LOCATED IN THE UNITED STATES IN 

9 CRIMINAL, CIVIL, AND ADMINISTRATIVE AC10 TIONS. 

11 Paragraph (2) of section 706(a) of the Foreign Intel12 ligence Surveillance Act of 1978 (50 U.S.C. 1881e(a)) is 

13 amended to read as follows: 

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

15 AND ADMINISTRATIVE PROCEEDINGS AND INVESTIGA16 TIONS.—No information acquired pursuant to section 

17 702(f) of or about a United States person or person 

18 reasonably believed to be located in the United States 

19 at the time of acquisition or communication may be 

20 introduced as evidence against such person in any 

21 criminal, civil, or administrative proceeding or used 

22 as part of any criminal, civil, or administrative in23 vestigation, except— 

24 ‘‘(A) with the prior approval of the Attor25 ney General; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 6570 RH

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

2 which the information is directly related to and 

3 necessary to address a specific threat of— 

4 ‘‘(i) the commission of a Federal crime 

5 of terrorism under any of clauses (i) 

6 through (iii) of section 2332b(g)(5)(B) of 

7 title 18, United States Code; 

8 ‘‘(ii) actions necessitating counterintel9 ligence (as defined in section 3 of the Na10 tional Security Act of 1947 (50 U.S.C. 

11 3003)); 

12 ‘‘(iii) the proliferation or the use of a 

13 weapon of mass destruction (as defined in 

14 section 2332a(c) of title 18, United States 

15 Code); 

16 ‘‘(iv) a cybersecurity breach or attack 

17 from a foreign country; 

18 ‘‘(v) incapacitation or destruction of 

19 critical infrastructure (as defined in section 

20 1016(e) of the Uniting and Strengthening 

21 America by Providing Appropriate Tools 

22 Required to Intercept and Obstruct Ter23 rorism (USA PATRIOT ACT) Act of 2001 

24 (42 U.S.C. 5195c(e))); 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 6570 RH

1 ‘‘(vi) an attack against the armed 

2 forces of the United States or an ally of the 

3 United States or to other personnel of the 

4 United States Government or a government 

5 of an ally of the United States; or 

6 ‘‘(vii) international narcotics traf7 ficking.’’. 

8 SEC. 4. REPEAL OF AUTHORITY FOR THE RESUMPTION OF 

9 ABOUTS COLLECTION. 

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

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

12 1881a(b)(5)) is amended by striking ‘‘, except as provided 

13 under section 103(b) of the FISA Amendments Reauthoriza14 tion Act of 2017’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) FOREIGN INTELLIGENCE SURVEILLANCE ACT

17 OF 1978.—Section 702(m) of the Foreign Intelligence 

18 Surveillance Act of 1978 (50 U.S.C. 1881a(m)) is 

19 amended— 

20 (A) in the subsection heading, by striking 

21 ‘‘REVIEWS, AND REPORTING’’ and inserting 

22 ‘‘AND REVIEWS’’; and 

23 (B) by striking paragraph (4). 

24 (2) FISA AMENDMENTS REAUTHORIZATION ACT

25 OF 2017.—Section 103 of the FISA Amendments ReVerDate Sep 11 2014 00:50 Dec 12, 2023 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H6570.RH H6570

kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 6570 RH

1 authorization Act of 2017 (Public Law 115–118; 50 

2 U.S.C. 1881a note) is amended— 

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

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

5 SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT RE6 FORM. 

7 (a) REQUIREMENT FOR SAME JUDGE TO HEAR RE8 NEWAL APPLICATIONS.—Section 103(a)(1) of the Foreign 

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

10 1803(a)(1)) is amended by adding at the end the following: 

11 ‘‘To the extent practicable, no judge designated under this 

12 subsection shall hear a renewal application for electronic 

13 surveillance under this Act, which application was pre14 viously granted by another judge designated under this sub15 section, unless the term of the judge who granted the appli16 cation has expired, or that judge is otherwise no longer serv17 ing on the court.’’. 

18 (b) USE OF AMICI CURIAE IN FOREIGN INTELLIGENCE

19 SURVEILLANCE COURT PROCEEDINGS.— 

20 (1) EXPANSION OF APPOINTMENT AUTHORITY.— 

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

22 Foreign Intelligence Surveillance Act of 1978 (50 

23 U.S.C. 1803(i)(2)) is amended— 

24 (i) by striking subparagraph (A) and 

25 inserting the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 6570 RH

1 ‘‘(A) shall, unless the court issues a finding 

2 that appointment is not appropriate, appoint 1 

3 or more individuals who have been designated 

4 under paragraph (1), not fewer than 1 of whom 

5 possesses privacy and civil liberties expertise, un6 less the court finds that such a qualification is 

7 inappropriate, to serve as amicus curiae to assist 

8 the court in the consideration of any application 

9 or motion for an order or review that, in the 

10 opinion of the court— 

11 ‘‘(i) presents a novel or significant in12 terpretation of the law; 

13 ‘‘(ii) presents significant concerns with 

14 respect to the activities of a United States 

15 person that are protected by the first 

16 amendment to the Constitution of the 

17 United States; 

18 ‘‘(iii) presents or involves a sensitive 

19 investigative matter; 

20 ‘‘(iv) presents a request for approval of 

21 a new program, a new technology, or a new 

22 use of existing technology; 

23 ‘‘(v) presents a request for reauthoriza24 tion of programmatic surveillance; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HR 6570 RH

1 ‘‘(vi) otherwise presents novel or sig2 nificant civil liberties issues; or 

3 ‘‘(vii) otherwise involves the activities 

4 of a United States person; and’’; and 

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

6 ‘‘an individual or organization’’ each place 

7 the term appears and inserting ‘‘1 or more 

8 individuals or organizations’’. 

9 (B) DEFINITION OF SENSITIVE INVESTIGA10 TIVE MATTER.—Section 103(i) of the Foreign In11 telligence Surveillance Act of 1978 (50 U.S.C. 

12 1803(i)) is amended by adding at the end the 

13 following: 

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

15 ‘sensitive investigative matter’ means— 

16 ‘‘(A) an investigative matter involving the 

17 activities of— 

18 ‘‘(i) a domestic public official or polit19 ical candidate, or an individual serving on 

20 the staff of such an official or candidate; 

21 ‘‘(ii) a domestic religious or political 

22 organization, or a known or suspected 

23 United States person prominent in such an 

24 organization; or 

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HR 6570 RH

1 ‘‘(B) any other investigative matter involv2 ing a domestic entity or a known or suspected 

3 United States person that, in the judgment of the 

4 applicable court established under subsection (a) 

5 or (b), is as sensitive as an investigative matter 

6 described in subparagraph (A).’’. 

7 (2) AUTHORITY TO SEEK REVIEW.—Section 

8 103(i) of the Foreign Intelligence Surveillance Act of 

9 1978 (50 U.S.C. 1803(i)), as amended by subsection 

10 (a) of this section, is amended— 

11 (A) in paragraph (4)— 

12 (i) in the paragraph heading, by in13 serting ‘‘; AUTHORITY’’ after ‘‘DUTIES’’; 

14 (ii) by redesignating subparagraphs 

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

16 (iii), respectively, and adjusting the mar17 gins accordingly; 

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

19 as so redesignated, by striking ‘‘the amicus 

20 curiae shall’’ and inserting the following: 

21 ‘‘the amicus curiae— 

22 ‘‘(A) shall’’; 

23 (iv) in subparagraph (A)(i), as so re24 designated, by inserting before the semicolon 

25 at the end the following: ‘‘, including legal 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HR 6570 RH

1 arguments regarding any privacy or civil 

2 liberties interest of any United States per3 son that would be significantly impacted by 

4 the application or motion’’; and 

5 (v) by striking the period at the end 

6 and inserting the following: ‘‘; and 

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

8 significant privacy or civil liberties issue rel9 evant to the application or motion or other issue 

10 directly impacting the legality of the proposed 

11 electronic surveillance with the court, regardless 

12 of whether the court has requested assistance on 

13 that issue.’’; 

14 (B) by redesignating paragraphs (7) 

15 through (12) as paragraphs (8) through (13), re16 spectively; and 

17 (C) by inserting after paragraph (6) the fol18 lowing: 

19 ‘‘(7) AUTHORITY TO SEEK REVIEW OF DECI20 SIONS.— 

21 ‘‘(A) FISA COURT DECISIONS.— 

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

23 an order under this Act by the Foreign In24 telligence Surveillance Court, an amicus cu25 riae appointed under paragraph (2) may 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•HR 6570 RH

1 petition the Foreign Intelligence Surveil2 lance Court to certify for review to the For3 eign Intelligence Surveillance Court of Re4 view a question of law pursuant to sub5 section (j). 

6 ‘‘(ii) WRITTEN STATEMENT OF REA7 SONS.—If the Foreign Intelligence Surveil8 lance Court denies a petition under this 

9 subparagraph, the Foreign Intelligence Sur10 veillance Court shall provide for the record 

11 a written statement of the reasons for the 

12 denial. 

13 ‘‘(iii) APPOINTMENT.—Upon certifi14 cation of any question of law pursuant to 

15 this subparagraph, the Court of Review 

16 shall appoint the amicus curiae to assist the 

17 Court of Review in its consideration of the 

18 certified question, unless the Court of Re19 view issues a finding that such appointment 

20 is not appropriate. 

21 ‘‘(B) FISA COURT OF REVIEW DECISIONS.— 

22 An amicus curiae appointed under paragraph 

23 (2) may petition the Foreign Intelligence Sur24 veillance Court of Review to certify for review to 

25 the Supreme Court of the United States any 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•HR 6570 RH

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

2 title 28, United States Code. 

3 ‘‘(C) DECLASSIFICATION OF REFERRALS.— 

4 For purposes of section 602, a petition filed 

5 under subparagraph (A) or (B) of this para6 graph and all of its content shall be considered 

7 a decision, order, or opinion issued by the For8 eign Intelligence Surveillance Court or the For9 eign Intelligence Surveillance Court of Review 

10 described in paragraph (2) of section 602(a).’’. 

11 (3) ACCESS TO INFORMATION.— 

12 (A) APPLICATION AND MATERIALS.—Section 

13 103(i)(6) of the Foreign Intelligence Surveillance 

14 Act of 1978 (50 U.S.C. 1803(i)(6)) is amended 

15 by striking subparagraph (A) and inserting the 

16 following: 

17 ‘‘(A) IN GENERAL.— 

18 ‘‘(i) RIGHT OF AMICUS.—If a court es19 tablished under subsection (a) or (b) ap20 points an amicus curiae under paragraph 

21 (2), the amicus curiae— 

22 ‘‘(I) shall have access, to the ex23 tent such information is available to 

24 the Government, to— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•HR 6570 RH

1 ‘‘(aa) the application, certifi2 cation, petition, motion, and other 

3 information and supporting mate4 rials, including any information 

5 described in section 901, sub6 mitted to the Foreign Intelligence 

7 Surveillance Court in connection 

8 with the matter in which the ami9 cus curiae has been appointed, in10 cluding access to any relevant 

11 legal precedent (including any 

12 such precedent that is cited by the 

13 Government, including in such an 

14 application); 

15 ‘‘(bb) an unredacted copy of 

16 each relevant decision made by 

17 the Foreign Intelligence Surveil18 lance Court or the Foreign Intel19 ligence Surveillance Court of Re20 view in which the court decides a 

21 question of law, without regard to 

22 whether the decision is classified; 

23 and 

24 ‘‘(cc) any other information 

25 or materials that the court deterVerDate Sep 11 2014 00:50 Dec 12, 2023 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H6570.RH H6570

kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•HR 6570 RH

1 mines are relevant to the duties of 

2 the amicus curiae; and 

3 ‘‘(II) may make a submission to 

4 the court requesting access to any other 

5 particular materials or information 

6 (or category of materials or informa7 tion) that the amicus curiae believes to 

8 be relevant to the duties of the amicus 

9 curiae. 

10 ‘‘(ii) SUPPORTING DOCUMENTATION

11 REGARDING ACCURACY.—The Foreign Intel12 ligence Surveillance Court, upon the motion 

13 of an amicus curiae appointed under para14 graph (2) or upon its own motion, may re15 quire the Government to make available the 

16 supporting documentation described in sec17 tion 902.’’. 

18 (B) CLARIFICATION OF ACCESS TO CERTAIN

19 INFORMATION.—Section 103(i)(6) of the Foreign 

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

21 1803(i)(6)) is amended— 

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

23 ‘‘may’’ and inserting ‘‘shall’’; and 

24 (ii) by striking subparagraph (C) and 

25 inserting the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•HR 6570 RH

1 ‘‘(C) CLASSIFIED INFORMATION.—An ami2 cus curiae designated or appointed by the court 

3 shall have access, to the extent such information 

4 is available to the Government, to unredacted 

5 copies of each opinion, order, transcript, plead6 ing, or other document of the Foreign Intel7 ligence Surveillance Court and the Foreign Intel8 ligence Surveillance Court of Review, including, 

9 if the individual is eligible for access to classified 

10 information, any classified documents, informa11 tion, and other materials or proceedings.’’. 

12 (4) EFFECTIVE DATE.—The amendments made 

13 by this section shall take effect on the date of enact14 ment of this Act and shall apply with respect to pro15 ceedings under the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1801 et seq.) that take place 

17 on or after, or are pending on, that date. 

18 SEC. 6. APPLICATION FOR AN ORDER APPROVING ELEC19 TRONIC SURVEILLANCE. 

20 (a) DISCLOSURE REQUIREMENT.—Section 104(a) of 

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

22 1804(a)) is amended— 

23 (1) in paragraph (6)(E)(ii), by inserting before 

24 the semicolon at the end ‘‘(and a description of such 

25 techniques)’’; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•HR 6570 RH

1 (2) in paragraph (8), by striking ‘‘and’’ at the 

2 end; 

3 (3) in paragraph (9), by striking the period at 

4 the end and inserting ‘‘; and’’ ; and 

5 (4) by inserting after paragraph (9) the fol6 lowing: 

7 ‘‘(10) all information material to the applica8 tion, including any information that tends to rebut— 

9 ‘‘(A) any allegation set forth in the applica10 tion; or 

11 ‘‘(B) the existence of probable cause to be12 lieve that— 

13 ‘‘(i) the target of the electronic surveil14 lance is a foreign power or an agent of a 

15 foreign power; and 

16 ‘‘(ii) each of the facilities or places at 

17 which the electronic surveillance is directed 

18 is being used, or is about to be used, by a 

19 foreign power or an agent of a foreign 

20 power.’’. 

21 (b) PROHIBITION ON USE OF CERTAIN INFORMA22 TION.—Section 104 of the Foreign Intelligence Surveillance 

23 Act of 1978 (50 U.S.C. 1804) is amended by adding at the 

24 end the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•HR 6570 RH

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

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

3 from the content of a media source or information gathered 

4 by a political campaign if— 

5 ‘‘(1) such information is disclosed in the appli6 cation as having been so obtained or gathered; and 

7 ‘‘(2) such information is not the sole source of 

8 the information used to justify the applicant’s belief 

9 described in subsection (a)(3).’’. 

10 (c) LIMITATION ON ISSUANCE OF ORDER.—Section 

11 105(a) of the Foreign Intelligence Surveillance Act of 1978 

12 (50 U.S.C. 1805(a)) is amended— 

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

14 inserting a semicolon; 

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

16 inserting ‘‘; and’’; and 

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

18 ‘‘(5) the statement of facts and circumstances 

19 under subsection (a)(3) may only include information 

20 obtained from the content of a media source or infor21 mation gathered by a political campaign if— 

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

23 application as having been so obtained or gath24 ered; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•HR 6570 RH

1 ‘‘(B) such information is not the sole source 

2 of the information used to justify the applicant’s 

3 belief described in subsection (a)(3).’’. 

4 SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF 

5 CERTAIN DOCUMENTS. 

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

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

8 1871(c)) is amended by inserting ‘‘, including declassified 

9 copies that have undergone review under section 602’’ before 

10 ‘‘; and’’. 

11 (b) TIMELINE FOR DECLASSIFICATION REVIEW.—Sec12 tion 602(a) of the Foreign Intelligence Surveillance Act of 

13 1978 (50 U.S.C. 1872(a)) is amended— 

14 (1) by inserting after ‘‘shall conduct a declas15 sification review’’ the following: ‘‘, to be concluded not 

16 later than 45 days after the commencement of such re17 view,’’; and 

18 (2) by inserting after ‘‘a significant construction 

19 or interpretation of any provision of law’’ the fol20 lowing: ‘‘or results in a change of application of any 

21 provision of this Act or a novel application of any 

22 provision of this Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•HR 6570 RH

1 SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS; ATTENDANCE 

2 OF CERTAIN CONGRESSIONAL OFFICIALS AT 

3 CERTAIN PROCEEDINGS. 

4 Section 103(c) of the Foreign Intelligence Surveillance 

5 Act of 1978 (50 U.S.C. 1803(c)) is amended— 

6 (1) by striking ‘‘Proceedings under this Act’’ and 

7 inserting the following: ‘‘(1) Proceedings under this 

8 Act’’; 

9 (2) by striking ‘‘including applications made 

10 and orders granted’’ and inserting ‘‘including appli11 cations made, orders granted, and transcriptions of 

12 proceedings,’’; and 

13 (3) by adding at the end: 

14 ‘‘(2) The chair and ranking minority member of each 

15 of the congressional intelligence committees and of the Com16 mittees on the Judiciary of the House of Representatives 

17 and of the Senate shall be entitled to attend any proceeding 

18 of the Foreign Intelligence Surveillance Court or any pro19 ceeding of the Foreign Intelligence Surveillance Court of Re20 view. Each person entitled to attend a proceeding pursuant 

21 to this paragraph may designate not more than 2 Members 

22 of Congress and not more than 2 staff members of such com23 mittee to attend on their behalf, pursuant to such proce24 dures as the Attorney General, in consultation with the Di25 rector of National Intelligence may establish. Not later than 

26 45 days after any such proceeding, a copy of any applicaVerDate Sep 11 2014 00:50 Dec 12, 2023 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H6570.RH H6570

kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•HR 6570 RH

1 tion made, order granted, or transcription of the proceeding 

2 shall be made available for review to each person who is 

3 entitled to attend a proceeding pursuant to this paragraph 

4 or who is designated under this paragraph. Terms used in 

5 this paragraph have the meanings given such terms in sec6 tion 701(b).’’. 

7 SEC. 9. ANNUAL AUDIT OF FISA COMPLIANCE BY INSPEC8 TOR GENERAL. 

9 (a) REPORT REQUIRED.—Title VI of the Foreign In10 telligence Surveillance Act of 1978 (50 U.S.C. 1871 et seq.) 

11 is amended by adding at the end the following: 

12 ‘‘SEC. 605. ANNUAL AUDIT OF FISA COMPLIANCE BY INSPEC13 TOR GENERAL. 

14 ‘‘Beginning with the first calendar year that begins 

15 after the effective date of this section, by not later than June 

16 30th of that year and each year thereafter, the Inspector 

17 General of the Department of Justice shall conduct an audit 

18 on alleged violations and failures to comply with the re19 quirements of this Act and any procedures established pur20 suant to this Act, and submit a report thereon to the con21 gressional intelligence committees and the Committees on 

22 the Judiciary of the House of Representatives and of the 

23 Senate.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•HR 6570 RH

1 (b) CLERICAL AMENDMENT.—The table of contents for 

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

3 1801 et seq.) is amended by adding at the end the following: 

‘‘605. Annual audit of FISA compliance by Inspector General.’’. 

4 SEC. 10. REPORTING ON ACCURACY AND COMPLETENESS 

5 OF APPLICATIONS. 

6 Section 603 of the Foreign Intelligence Surveillance 

7 Act of 1978 (50 U.S.C. 1873) is amended— 

8 (1) in subsection (a)(1)— 

9 (A) by redesignating subparagraphs (B) 

10 through (F) as subparagraphs (C) through (G) 

11 respectively; and 

12 (B) by inserting after subparagraph (A) the 

13 following: 

14 ‘‘(B) an analysis of the accuracy and com15 pleteness of such applications and certifications 

16 submitted;’’; and 

17 (2) in subsection (a)(2), by striking ‘‘subpara18 graph (F)’’ and inserting ‘‘subparagraph (G)’’. 

19 SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF IN20 VESTIGATION. 

21 (a) REPORT REQUIRED.—Title VI of the Foreign In22 telligence Surveillance Act of 1978 (50 U.S.C. 1871 et seq.), 

23 as amended by this Act, is further amended by adding at 

24 the end the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•HR 6570 RH

1 ‘‘SEC. 606. ANNUAL REPORT OF THE FEDERAL BUREAU OF 

2 INVESTIGATION. 

3 ‘‘Not later than 1 year after the date of enactment of 

4 this section, and annually thereafter, the Director of the 

5 Federal Bureau of Investigation shall submit to the congres6 sional intelligence committees and the Committees on the 

7 Judiciary of the House of Representatives and of the Sen8 ate— 

9 ‘‘(1) a report on disciplinary activities taken by 

10 the Director to address violations of the requirements 

11 of law or the procedures established under this Act, 

12 including a comprehensive account of disciplinary in13 vestigations, including— 

14 ‘‘(A) all such investigations ongoing as of 

15 the date the report is submitted; 

16 ‘‘(B) the adjudications of such investiga17 tions when concluded; and 

18 ‘‘(C) disciplinary actions taken as a result 

19 of such adjudications; and 

20 ‘‘(2) a report on the conduct of queries conducted 

21 under section 702 for the preceding year using a 

22 United States person query term, including— 

23 ‘‘(A) the number of such queries conducted; 

24 ‘‘(B) what terms were used; 

25 ‘‘(C) the number of warrants issued and de26 nied under section 702(f)(1); and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•HR 6570 RH

1 ‘‘(D) the number of times exceptions were 

2 alleged under 702(f)(2).’’. 

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

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

5 1801 et seq.), as amended by this Act, is further amended 

6 by adding at the end the following: 

‘‘606. Annual report of the Federal Bureau of Investigation.’’. 

7 SEC. 12. EXTENSION OF TITLE VII OF FISA; EXPIRATION OF 

8 FISA AUTHORITIES; EFFECTIVE DATES. 

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

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

11 2474) is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘December 31, 2023’’ and 

14 inserting ‘‘December 31, 2026’’; and 

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

16 101(a) and by the FISA Amendments Reauthor17 ization Act of 2017,’’ and inserting ‘‘, as most 

18 recently amended,’’; and 

19 (2) in paragraph (2) in the matter preceding 

20 subparagraph (A), by striking ‘‘December 31, 2023’’ 

21 and inserting ‘‘December 31, 2026’’. 

22 (b) CONFORMING AMENDMENTS.—Section 404(b) of the 

23 FISA Amendments Act of 2008 (Public Law 110–261; 122 

24 Stat. 2476), is amended— 

25 (1) in paragraph (1)— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•HR 6570 RH

1 (A) in the heading, by striking ‘‘DECEMBER

2 31, 2023’’ and inserting ‘‘DECEMBER 31, 2026’’; 

3 and 

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

5 101(a) and by the FISA Amendments Reauthor6 ization Act of 2017,’’ and inserting ‘‘, as most 

7 recently amended,’’; 

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

9 by section 101(a) and by the FISA Amendments Re10 authorization Act of 2017,’’ and inserting ‘‘, as most 

11 recently amended,’’; and 

12 (3) in paragraph (4)— 

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

14 101(a) and amended by the FISA Amendments 

15 Reauthorization Act of 2017,’’ both places it ap16 pears and inserting ‘‘, as added by section 

17 101(a) and as most recently amended,’’; and 

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

19 101(a) and by the FISA Amendments Reauthor20 ization Act of 2017,’’ and inserting ‘‘, as most 

21 recently amended,’’ both places it appears. 

22 SEC. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA. 

23 (a) IN GENERAL.—Section 109 of the Foreign Intel24 ligence Surveillance Act of 1978 (50 U.S.C. 1809) is amend25 ed as follows: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
35 

•HR 6570 RH

1 (1) ADDITIONAL OFFENSES.—In subsection (a)— 

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

3 by striking ‘‘intentionally’’; 

4 (B) in paragraph (1)— 

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

6 ‘‘engages in’’; and 

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

8 (C) in paragraph (2)— 

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

10 ‘‘disclose or uses’’; and 

11 (ii) by striking the period at the end 

12 and inserting a semicolon; and 

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

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

15 makes any false statement before the Foreign Intel16 ligence Surveillance Court or the Foreign Intelligence 

17 Surveillance Court of Review, knowing such document 

18 or statement to contain— 

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

20 ‘‘(B) a material omission; or 

21 ‘‘(4) knowingly discloses the existence of an ap22 plication for an order authorizing surveillance under 

23 this title, or any information contained therein, to 

24 any person not authorized to receive such informa25 tion.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
36 

•HR 6570 RH

1 (2) ENHANCED PENALTIES.—In subsection (c), is 

2 amended to read as follows: 

3 ‘‘(c) PENALTIES.—In the case of an offense under any 

4 of paragraphs (1) through (4) of subsection (a), the offense 

5 is punishable by a fine of not more than $10,000 or impris6 onment for not more than 8 years, or both.’’. 

7 (b) RULE OF CONSTRUCTION.—This Act and the 

8 amendments made by this Act may not be construed to 

9 interfere with the enforcement of section 798 of title 18, 

10 United States Code, or any other provision of law regarding 

11 the unlawful disclosure of classified information. 

12 SEC. 14. CONTEMPT POWER OF FISC AND FISC–R. 

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

14 States Code, is amended— 

15 (1) in section 402, by inserting after ‘‘any dis16 trict court of the United States’’ the following: ‘‘, the 

17 Foreign Intelligence Surveillance Court, the Foreign 

18 Intelligence Surveillance Court of Review,’’; and 

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

20 ‘‘§ 404. Definitions 

21 ‘‘For purposes of this chapter— 

22 ‘‘(1) the term ‘court of the United States’ in23 cludes the Foreign Intelligence Surveillance Court or 

24 the Foreign Intelligence Surveillance Court of Review; 

25 and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
37 

•HR 6570 RH

1 ‘‘(2) the terms ‘Foreign Intelligence Surveillance 

2 Court’ and ‘Foreign Intelligence Surveillance Court of 

3 Review’ have the meanings given such terms in sec4 tion 601(e) of the Foreign Intelligence Surveillance 

5 Act of 1978.’’. 

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

7 such chapter is amended by inserting after the item per8 taining to section 403 the following: 

‘‘404. Definitions.’’. 

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

10 of enactment, and annually thereafter the Foreign Intel11 ligence Surveillance Court and the Foreign Intelligence 

12 Surveillance Court of Review (as such terms are defined 

13 in section 601(e) of the Foreign Intelligence Surveillance 

14 Act of 1978) shall jointly submit to Congress a report on 

15 the exercise of authority under chapter 21 of title 18, United 

16 States Code, by such courts during the previous year. 

17 SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS. 

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

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

20 1810(a)) is amended to read as follows: 

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

22 damages equal to the greater of— 

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

24 States person, $10,000 or $1,000 per day for 

25 each day of violation; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
38 

•HR 6570 RH

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

2 or $100 per day for each day of violation;’’. 

3 (b) REPORTING REQUIREMENT.—Title I of the Foreign 

4 Intelligence Surveillance Act of 1978 is amended by insert5 ing after section 110 the following: 

6 ‘‘SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL AC7 TIONS. 

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

9 person has violated this Act in a civil action under section 

10 110, the head of the agency that employs that person shall 

11 report to Congress on the administrative action taken 

12 against that person pursuant to section 607 or any other 

13 provision of law. 

14 ‘‘(b) FISC.—If a court finds that a person has violated 

15 this Act in a civil action under section 110, the head of 

16 the agency that employs that person shall report the name 

17 of such person to the Foreign Intelligence Surveillance 

18 Court. The Foreign Intelligence Surveillance Court shall 

19 maintain a list of each person about whom it received a 

20 report under this subsection.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
39 

•HR 6570 RH

1 SEC. 16. ACCOUNTABILITY PROCEDURES FOR INCIDENTS 

2 RELATING TO QUERIES CONDUCTED BY THE 

3 FEDERAL BUREAU OF INVESTIGATION. 

4 (a) IN GENERAL.—Title VII of the Foreign Intelligence 

5 Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) is amend6 ed by adding at the end the following: 

7 ‘‘SEC. 709. ACCOUNTABILITY PROCEDURES FOR INCIDENTS 

8 RELATING TO QUERIES CONDUCTED BY THE 

9 FEDERAL BUREAU OF INVESTIGATION. 

10 ‘‘(a) IN GENERAL.—The Director of the Federal Bu11 reau of Investigation shall establish procedures to hold em12 ployees of the Federal Bureau of Investigation accountable 

13 for violations of law, guidance, and procedure governing 

14 queries of information acquired pursuant to section 702. 

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

16 subsection (a) shall include the following: 

17 ‘‘(1) Centralized tracking of individual employee 

18 performance incidents involving negligent violations 

19 of law, guidance, and procedure described in sub20 section (a), over time. 

21 ‘‘(2) Escalating consequences for such incidents, 

22 including— 

23 ‘‘(A) consequences for initial incidents, in24 cluding, at a minimum— 

25 ‘‘(i) suspension of access to informa26 tion acquired under this Act; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
40 

•HR 6570 RH

1 ‘‘(ii) documentation of the incident in 

2 the personnel file of each employee respon3 sible for the violation; and 

4 ‘‘(B) consequences for subsequent incidents, 

5 including, at a minimum— 

6 ‘‘(i) possible indefinite suspension of 

7 access to information acquired under this 

8 Act; 

9 ‘‘(ii) reassignment of each employee re10 sponsible for the violation; and 

11 ‘‘(iii) referral of the incident to the In12 spection Division of the Federal Bureau of 

13 Investigation for review of potentially reck14 less conduct. 

15 ‘‘(3) Clarification of requirements for referring 

16 intentional misconduct and reckless conduct to the In17 spection Division of the Federal Bureau of Investiga18 tion for investigation and disciplinary action by the 

19 Office of Professional Responsibility of the Federal 

20 Bureau of Investigation.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents for 

22 such Act is amended by inserting after the item relating 

23 to section 708 the following: 

‘‘709. Accountability procedures for incidents relating to queries conducted by the 

Federal Bureau of Investigation.’’. 

24 (c) REPORT REQUIRED.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
41 

•HR 6570 RH

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

2 after the date of the enactment of this Act, the Direc3 tor of the Federal Bureau of Investigation shall sub4 mit to the Committees on the Judiciary of the House 

5 of Representatives and of the Senate and to the con6 gressional intelligence committees (as such term is de7 fined in section 801 of the Foreign Intelligence Sur8 veillance Act of 1978 (50 U.S.C. 1885)) a report de9 tailing the procedures established under section 709 of 

10 the Foreign Intelligence Surveillance Act of 1978, as 

11 added by subsection (a). 

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

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

14 thereafter, the Federal Bureau of Investigation shall 

15 submit to the Committees on the Judiciary of the 

16 House of Representatives and of the Senate and to the 

17 congressional intelligence committees (as such term is 

18 defined in section 801 of the Foreign Intelligence Sur19 veillance Act of 1978 (50 U.S.C. 1885)) a report on 

20 any disciplinary actions taken pursuant to the proce21 dures established under section 709 of the Foreign In22 telligence Surveillance Act of 1978, as added by sub23 section (a), including a description of the cir24 cumstances surrounding each such disciplinary ac25 tion, and the results of each such disciplinary action. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
42 

•HR 6570 RH

1 (3) FORM.—The reports required under para2 graphs (1) and (2) shall be submitted in unclassified 

3 form, but may include a classified annex to the extent 

4 necessary to protect sources and methods. 

5 SEC. 17. AGENCY PROCEDURES TO ENSURE COMPLIANCE. 

6 (a) AGENCY PROCEDURES TO ENSURE COMPLIANCE.— 

7 Title VI of the Foreign Intelligence Surveillance Act of 1978 

8 (50 U.S.C. 1871 et seq.), as amended by this Act, is further 

9 amended by adding at the end the following: 

10 ‘‘SEC. 607. AGENCY PROCEDURES TO ENSURE COMPLIANCE. 

11 ‘‘The head of each Federal department or agency au12 thorized to acquire foreign intelligence information under 

13 this Act shall establish procedures— 

14 ‘‘(1) setting forth clear rules on what constitutes 

15 a violation of this Act by an officer or employee of 

16 that department or agency; and 

17 ‘‘(2) for taking appropriate adverse personnel ac18 tion against any officer or employee of the depart19 ment or agency who engages in such a violation, in20 cluding more severe adverse actions for any subse21 quent violation.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents for 

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

24 1801 et seq.), as amended by this Act, is further amended 

25 by adding at the end the following: 

‘‘607. Agency procedures to ensure compliance.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
43 

•HR 6570 RH

1 (c) REPORT.—Not later than 3 months after the date 

2 of enactment of this Act, the head of each Federal depart3 ment or agency that is required to establish procedures 

4 under section 607 of the Foreign Intelligence Surveillance 

5 Act of 1978 shall report to Congress on such procedures. 

6 SEC. 18. PROTECTION OF RECORDS HELD BY DATA BRO7 KERS. 

8 Section 2702 of title 18, United States Code, is amend9 ed by adding at the end the following: 

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

11 ANYTHING OF VALUE CERTAIN RECORDS AND INFORMA12 TION BY LAW ENFORCEMENT AND INTELLIGENCE AGEN13 CIES.— 

14 ‘‘(1) DEFINITIONS.—In this subsection— 

15 ‘‘(A) the term ‘covered customer or sub16 scriber record’ means a covered record that is— 

17 ‘‘(i) disclosed to a third party by— 

18 ‘‘(I) a provider of an electronic 

19 communication service to the public or 

20 a provider of a remote computing serv21 ice of which the covered person with re22 spect to the covered record is a sub23 scriber or customer; or 

24 ‘‘(II) an intermediary service pro25 vider that delivers, stores, or processes 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
44 

•HR 6570 RH

1 communications of such covered per2 son; 

3 ‘‘(ii) collected by a third party from an 

4 online account of a covered person; or 

5 ‘‘(iii) collected by a third party from 

6 or about an electronic device of a covered 

7 person; 

8 ‘‘(B) the term ‘covered person’ means— 

9 ‘‘(i) a person who is located inside the 

10 United States; or 

11 ‘‘(ii) a person— 

12 ‘‘(I) who is located outside the 

13 United States or whose location cannot 

14 be determined; and 

15 ‘‘(II) who is a United States per16 son, as defined in section 101 of the 

17 Foreign Intelligence Surveillance Act 

18 of 1978 (50 U.S.C. 1801); 

19 ‘‘(C) the term ‘covered record’ means a 

20 record or other information that— 

21 ‘‘(i) pertains to a covered person; and 

22 ‘‘(ii) is— 

23 ‘‘(I) a record or other information 

24 described in the matter preceding 

25 paragraph (1) of subsection (c); 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
45 

•HR 6570 RH

1 ‘‘(II) the contents of a commu2 nication; or 

3 ‘‘(III) location information; 

4 ‘‘(D) the term ‘electronic device’ has the 

5 meaning given the term ‘computer’ in section 

6 1030(e); 

7 ‘‘(E) the term ‘illegitimately obtained infor8 mation’ means a covered record that— 

9 ‘‘(i) was obtained— 

10 ‘‘(I) from a provider of an elec11 tronic communication service to the 

12 public or a provider of a remote com13 puting service in a manner that— 

14 ‘‘(aa) violates the service 

15 agreement between the provider 

16 and customers or subscribers of 

17 the provider; or 

18 ‘‘(bb) is inconsistent with the 

19 privacy policy of the provider; 

20 ‘‘(II) by deceiving the covered per21 son whose covered record was obtained; 

22 or 

23 ‘‘(III) through the unauthorized 

24 accessing of an electronic device or on25 line account; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
46 

•HR 6570 RH

1 ‘‘(ii) was— 

2 ‘‘(I) obtained from a provider of 

3 an electronic communication service to 

4 the public, a provider of a remote com5 puting service, or an intermediary 

6 service provider; and 

7 ‘‘(II) collected, processed, or 

8 shared in violation of a contract relat9 ing to the covered record; 

10 ‘‘(F) the term ‘intelligence community’ has 

11 the meaning given that term in section 3 of the 

12 National Security Act of 1947 (50 U.S.C. 3003); 

13 ‘‘(G) the term ‘location information’ means 

14 information derived or otherwise calculated from 

15 the transmission or reception of a radio signal 

16 that reveals the approximate or actual geo17 graphic location of a customer, subscriber, or de18 vice; 

19 ‘‘(H) the term ‘obtain in exchange for any20 thing of value’ means to obtain by purchasing, 

21 to receive in connection with services being pro22 vided for consideration, or to otherwise obtain in 

23 exchange for consideration, including an access 

24 fee, service fee, maintenance fee, or licensing fee; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
47 

•HR 6570 RH

1 ‘‘(I) the term ‘online account’ means an on2 line account with an electronic communication 

3 service to the public or remote computing service; 

4 ‘‘(J) the term ‘pertain’, with respect to a 

5 person, means— 

6 ‘‘(i) information that is linked to the 

7 identity of a person; or 

8 ‘‘(ii) information— 

9 ‘‘(I) that has been anonymized to 

10 remove links to the identity of a per11 son; and 

12 ‘‘(II) that, if combined with other 

13 information, could be used to identify 

14 a person; and 

15 ‘‘(K) the term ‘third party’ means a person 

16 who— 

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

18 ‘‘(ii) in connection with the collection, 

19 disclosure, obtaining, processing, or sharing 

20 of the covered record at issue, was not act21 ing as— 

22 ‘‘(I) a provider of an electronic 

23 communication service to the public; or 

24 ‘‘(II) a provider of a remote com25 puting service. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
48 

•HR 6570 RH

1 ‘‘(2) LIMITATION.— 

2 ‘‘(A) IN GENERAL.—A law enforcement 

3 agency of a governmental entity and an element 

4 of the intelligence community may not obtain 

5 from a third party in exchange for anything of 

6 value a covered customer or subscriber record or 

7 any illegitimately obtained information. 

8 ‘‘(B) INDIRECTLY ACQUIRED RECORDS AND

9 INFORMATION.—The limitation under subpara10 graph (A) shall apply without regard to whether 

11 the third party possessing the covered customer 

12 or subscriber record or illegitimately obtained in13 formation is the third party that initially ob14 tained or collected, or is the third party that ini15 tially received the disclosure of, the covered cus16 tomer or subscriber record or illegitimately ob17 tained information. 

18 ‘‘(3) LIMIT ON SHARING BETWEEN AGENCIES.— 

19 An agency of a governmental entity that is not a law 

20 enforcement agency or an element of the intelligence 

21 community may not provide to a law enforcement 

22 agency of a governmental entity or an element of the 

23 intelligence community a covered customer or sub24 scriber record or illegitimately obtained information 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
49 

•HR 6570 RH

1 that was obtained from a third party in exchange for 

2 anything of value. 

3 ‘‘(4) PROHIBITION ON USE AS EVIDENCE.—A 

4 covered customer or subscriber record or illegitimately 

5 obtained information obtained by or provided to a 

6 law enforcement agency of a governmental entity or 

7 an element of the intelligence community in violation 

8 of paragraph (2) or (3), and any evidence derived 

9 therefrom, may not be received in evidence in any 

10 trial, hearing, or other proceeding in or before any 

11 court, grand jury, department, officer, agency, regu12 latory body, legislative committee, or other authority 

13 of the United States, a State, or a political subdivi14 sion thereof. 

15 ‘‘(5) MINIMIZATION PROCEDURES.— 

16 ‘‘(A) IN GENERAL.—The Attorney General 

17 shall adopt specific procedures that are reason18 ably designed to minimize the acquisition and 

19 retention, and prohibit the dissemination, of in20 formation pertaining to a covered person that is 

21 acquired in violation of paragraph (2) or (3). 

22 ‘‘(B) USE BY AGENCIES.—If a law enforce23 ment agency of a governmental entity or element 

24 of the intelligence community acquires informa25 tion pertaining to a covered person in violation 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
50 

•HR 6570 RH

1 of paragraph (2) or (3), the law enforcement 

2 agency of a governmental entity or element of the 

3 intelligence community shall minimize the ac4 quisition and retention, and prohibit the dis5 semination, of the information in accordance 

6 with the procedures adopted under subparagraph 

7 (A).’’. 

8 SEC. 19. REQUIRED DISCLOSURE. 

9 Section 2703 of title 18, United States Code, is amend10 ed by adding at the end the following: 

11 ‘‘(i) COVERED CUSTOMER OR SUBSCRIBER RECORDS

12 AND ILLEGITIMATELY OBTAINED INFORMATION.— 

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

14 ‘covered customer or subscriber record’, ‘illegitimately 

15 obtained information’, and ‘third party’ have the 

16 meanings given such terms in section 2702(e). 

17 ‘‘(2) LIMITATION.—Unless a governmental entity 

18 obtains an order in accordance with paragraph (3), 

19 the governmental entity may not require a third 

20 party to disclose a covered customer or subscriber 

21 record or any illegitimately obtained information if a 

22 court order would be required for the governmental 

23 entity to require a provider of remote computing serv24 ice or a provider of electronic communication service 

25 to the public to disclose such a covered customer or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
51 

•HR 6570 RH

1 subscriber record or illegitimately obtained informa2 tion that is a record of a customer or subscriber of 

3 the provider. 

4 ‘‘(3) ORDERS.— 

5 ‘‘(A) IN GENERAL.—A court may only issue 

6 an order requiring a third party to disclose a 

7 covered customer or subscriber record or any ille8 gitimately obtained information on the same 

9 basis and subject to the same limitations as 

10 would apply to a court order to require disclo11 sure by a provider of remote computing service 

12 or a provider of electronic communication service 

13 to the public of a record of a customer or sub14 scriber of the provider. 

15 ‘‘(B) STANDARD.—For purposes of subpara16 graph (A), a court shall apply the most stringent 

17 standard under Federal statute or the Constitu18 tion of the United States that would be applica19 ble to a request for a court order to require a 

20 comparable disclosure by a provider of remote 

21 computing service or a provider of electronic 

22 communication service to the public of a record 

23 of a customer or subscriber of the provider.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
52 

•HR 6570 RH

1 SEC. 20. INTERMEDIARY SERVICE PROVIDERS. 

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

3 States Code, is amended— 

4 (1) in paragraph (3), by striking ‘‘and’’ at the 

5 end; 

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

7 the end and inserting ‘‘; and’’; and 

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

9 ‘‘(5) the term ‘intermediary service provider’ 

10 means an entity or facilities owner or operator that 

11 directly or indirectly delivers, stores, or processes 

12 communications for or on behalf of a provider of elec13 tronic communication service to the public or a pro14 vider of remote computing service.’’. 

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

16 States Code, is amended— 

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

18 end; 

19 (2) in paragraph (2), by striking ‘‘and’’ at the 

20 end; 

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

22 the end and inserting ‘‘; and’’; and 

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

24 ‘‘(4) an intermediary service provider shall not 

25 knowingly divulge— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
53 

•HR 6570 RH

1 ‘‘(A) to any person or entity the contents of 

2 a communication while in electronic storage by 

3 that provider; or 

4 ‘‘(B) to any governmental entity a record or 

5 other information pertaining to a subscriber to 

6 or customer of, a recipient of a communication 

7 from a subscriber to or customer of, or the sender 

8 of a communication to a subscriber to or cus9 tomer of, the provider of electronic communica10 tion service to the public or the provider of re11 mote computing service for, or on behalf of, 

12 which the intermediary service provider directly 

13 or indirectly delivers, transmits, stores, or proc14 esses communications.’’. 

15 SEC. 21. LIMITS ON SURVEILLANCE CONDUCTED FOR FOR16 EIGN INTELLIGENCE PURPOSES OTHER THAN 

17 UNDER THE FOREIGN INTELLIGENCE SUR18 VEILLANCE ACT OF 1978. 

19 (a) IN GENERAL.—Section 2511(2)(f) of title 18, 

20 United States Code, is amended to read as follows: 

21 ‘‘(f)(i)(A) Nothing contained in this chapter, chapter 

22 121 or 206 of this title, or section 705 of the Communica23 tions Act of 1934 (47 U.S.C. 151 et seq.) shall be deemed 

24 to affect an acquisition or activity described in clause (B) 

25 that is carried out utilizing a means other than electronic 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
54 

•HR 6570 RH

1 surveillance, as defined in section 101 of the Foreign Intel2 ligence Surveillance Act of 1978 (50 U.S.C. 1801). 

3 ‘‘(B) An acquisition or activity described in this clause 

4 is— 

5 ‘‘(I) an acquisition by the United States Govern6 ment of foreign intelligence information from inter7 national or foreign communications that— 

8 ‘‘(aa) is acquired pursuant to express statu9 tory authority; or 

10 ‘‘(bb) only includes information of persons 

11 who are not United States persons and are lo12 cated outside the United States; or 

13 ‘‘(II) a foreign intelligence activity involving a 

14 foreign electronic communications system that— 

15 ‘‘(aa) is conducted pursuant to express stat16 utory authority; or 

17 ‘‘(bb) only involves the acquisition by the 

18 United States Government of information of per19 sons who are not United States persons and are 

20 located outside the United States. 

21 ‘‘(ii) The procedures in this chapter, chapter 121, and 

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

23 1801 et seq.) shall be the exclusive means by which electronic 

24 surveillance, as defined in section 101 of such Act, and the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
55 

•HR 6570 RH

1 interception of domestic wire, oral, and electronic commu2 nications may be conducted.’’. 

3 (b) EXCLUSIVE MEANS RELATED TO COMMUNICATIONS

4 RECORDS.—The Foreign Intelligence Surveillance Act of 

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

6 by which electronic communications transactions records, 

7 call detail records, or other information from communica8 tions of United States persons or persons inside the United 

9 States are acquired for foreign intelligence purposes inside 

10 the United States or from a person or entity located in the 

11 United States that provides telecommunications, electronic 

12 communication, or remote computing services. 

13 (c) EXCLUSIVE MEANS RELATED TO LOCATION INFOR14 MATION, WEB BROWSING HISTORY, AND INTERNET SEARCH

15 HISTORY.— 

16 (1) DEFINITION.—In this subsection, the term 

17 ‘‘location information’’ has the meaning given that 

18 term in subsection (e) of section 2702 of title 18, 

19 United States Code, as added by section 2 of this Act. 

20 (2) EXCLUSIVE MEANS.—Title I and sections 

21 303, 304, 703, 704, and 705 of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

23 seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the ex24 clusive means by which location information, web 

25 browsing history, and internet search history of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
56 

•HR 6570 RH

1 United States persons or persons inside the United 

2 States are acquired for foreign intelligence purposes 

3 inside the United States or from a person or entity 

4 located in the United States. 

5 (d) EXCLUSIVE MEANS RELATED TO FOURTH AMEND6 MENT-PROTECTED INFORMATION.—Title I and sections 

7 303, 304, 703, 704, and 705 of the Foreign Intelligence Sur8 veillance Act of 1978 (50 U.S.C. 1801 et seq., 1823, 1824, 

9 1881b, 1881c, 1881d) shall be the exclusive means by which 

10 any information, records, data, or tangible things are ac11 quired for foreign intelligence purposes from a person or 

12 entity located in the United States if the compelled produc13 tion of such information, records, data, or tangible things 

14 would require a warrant for law enforcement purposes. 

15 (e) DEFINITION.—In this section, the term ‘‘United 

16 States person’’ has the meaning given that term in section 

17 101 of the Foreign Intelligence Surveillance Act of 1978 (50 

18 U.S.C. 1801). 

19 SEC. 22. LIMIT ON CIVIL IMMUNITY FOR PROVIDING INFOR20 MATION, FACILITIES, OR TECHNICAL ASSIST21 ANCE TO THE GOVERNMENT ABSENT A 

22 COURT ORDER. 

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

24 amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
57 

•HR 6570 RH

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

2 and inserting the following: 

3 ‘‘(B) a certification in writing— 

4 ‘‘(I) by a person specified in section 2518(7) 

5 or the Attorney General of the United States; 

6 ‘‘(II) that the requirements for an emer7 gency authorization to intercept a wire, oral, or 

8 electronic communication under section 2518(7) 

9 have been met; and 

10 ‘‘(III) that the specified assistance is re11 quired,’’; and 

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

13 the following: 

14 ‘‘(iii) For assistance provided pursuant to a certifi15 cation under subparagraph (ii)(B), the limitation on causes 

16 of action under the last sentence of the matter following sub17 paragraph (ii)(B) shall only apply to the extent that the 

18 assistance ceased at the earliest of the time the application 

19 for a court order was denied, the time the communication 

20 sought was obtained, or 48 hours after the interception 

21 began.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
58 

•HR 6570 RH

1 SEC. 23. PROHIBITION ON REVERSE TARGETING OF UNITED 

2 STATES PERSONS AND PERSONS LOCATED IN 

3 THE UNITED STATES. 

4 Section 702 of the Foreign Intelligence Surveillance 

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

6 (1) in subsection (b)(2)— 

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

8 and inserting the following: ‘‘may not— 

9 ‘‘(A) intentionally’’; and 

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

11 subparagraph (A) of this paragraph, by striking 

12 ‘‘if the purpose of such acquisition is to target a 

13 particular, known person reasonably believed to 

14 be in the United States;’’ and inserting the fol15 lowing: ‘‘if a significant purpose of such acquisi16 tion is to acquire the information of 1 or more 

17 United States persons or persons reasonably be18 lieved to be located in the United States at the 

19 time of acquisition or communication, unless— 

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

21 an emergency exists involving an imminent 

22 threat of death or serious bodily harm to 

23 such United States person or person reason24 ably believed to be located in the United 

25 States at the time of the query or the time 

26 of acquisition or communication; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
59 

•HR 6570 RH

1 ‘‘(II) the information is sought for the 

2 purpose of assisting that person; and 

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

4 provided to the Foreign Intelligence Surveil5 lance Court and the appropriate committees 

6 of Congress in a timely manner; or 

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

9 United States at the time of acquisition or 

10 communication has provided consent to the 

11 targeting, or if such person is incapable of 

12 providing consent, a third party legally au13 thorized to consent on behalf of such person 

14 has provided consent; and 

15 ‘‘(B) in the case of information acquired pursu16 ant to subparagraph (A)(i) or evidence derived from 

17 such targeting, be used, received in evidence, or other18 wise disseminated in any investigation, trial, hear19 ing, or other proceeding in or before any court, grand 

20 jury, department, office, agency, regulatory body, leg21 islative committee, or other authority of the United 

22 States, a State, or political subdivision thereof, except 

23 in proceedings or investigations that arise from the 

24 threat that prompted the targeting;’’; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
60 

•HR 6570 RH

1 (2) in subsection (d)(1), by amending subpara2 graph (A) to read as follows: 

3 ‘‘(A) ensure that— 

4 ‘‘(i) any acquisition authorized under 

5 subsection (a) is limited to targeting per6 sons reasonably believed to be non-United 

7 States persons located outside the United 

8 States; and 

9 ‘‘(ii) except as provided in subsection 

10 (b)(2), a significant purpose of an acquisi11 tion is not to acquire the information of 1 

12 or more United States persons or persons 

13 reasonably believed to be in the United 

14 States at the time of acquisition or commu15 nication; and’’; 

16 (3) in subsection (h)(2)(A)(i), by amending sub17 clause (I) to read as follows: 

18 ‘‘(I) ensure that— 

19 ‘‘(aa) an acquisition author20 ized under subsection (a) is lim21 ited to targeting persons reason22 ably believed to be non-United 

23 States persons located outside the 

24 United States; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
61 

•HR 6570 RH

1 ‘‘(bb) except as provided in 

2 subsection (b)(2), a significant 

3 purpose of an acquisition is not to 

4 acquire the information of 1 or 

5 more United States persons or 

6 persons reasonably believed to be 

7 in the United States at the time of 

8 acquisition or communication; 

9 and’’; and 

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

11 (i) to read as follows: 

12 ‘‘(i) ensure that— 

13 ‘‘(I) an acquisition authorized 

14 under subsection (a) is limited to tar15 geting persons reasonably believed to be 

16 non-United States persons located out17 side the United States; and 

18 ‘‘(II) except as provided in sub19 section (b)(2), a significant purpose of 

20 an acquisition is not to acquire the in21 formation of 1 or more United States 

22 persons or persons reasonably believed 

23 to be in the United States at the time 

24 of acquisition or communication; and’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
62 

•HR 6570 RH

1 SEC. 24. REQUIRED DISCLOSURE OF RELEVANT INFORMA2 TION IN FOREIGN INTELLIGENCE SURVEIL3 LANCE ACT OF 1978 APPLICATIONS. 

4 (a) IN GENERAL.—The Foreign Intelligence Surveil5 lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by 

6 adding at the end the following: 

7 ‘‘TITLE IX—CERTIFICATION RE8 GARDING ACCURACY PROCE9 DURES 

10 ‘‘SEC. 901. CERTIFICATION REGARDING ACCURACY PROCE11 DURES. 

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

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

14 procedures, adopted by the Attorney General, to ensure that 

15 an application for a court order under this Act, including 

16 any application for renewal of an existing order, is accu17 rate and complete, including procedures that ensure, at a 

18 minimum, that— 

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

20 might reasonably call into question the accuracy of 

21 the information or the reasonableness of any assess22 ment in the application, or otherwise raises doubts 

23 about the requested findings; 

24 ‘‘(2) the application reflects all material infor25 mation that might reasonably call into question the 

26 reliability and reporting of any information from a 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
63 

•HR 6570 RH

1 confidential human source that is used in the appli2 cation; 

3 ‘‘(3) a complete file documenting each factual as4 sertion in an application is maintained; 

5 ‘‘(4) the applicant coordinates with the appro6 priate elements of the intelligence community (as de7 fined in section 3 of the National Security Act of 

8 1947 (50 U.S.C. 3003)), concerning any prior or ex9 isting relationship with the target of any surveillance, 

10 search, or other means of investigation, and discloses 

11 any such relationship in the application; 

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

13 States person is made, the applicant Federal officer 

14 shall document that the officer has collected and re15 viewed for accuracy and completeness supporting doc16 umentation for each factual assertion in the applica17 tion; and 

18 ‘‘(6) the applicant Federal agency establish com19 pliance and auditing mechanisms on an annual basis 

20 to assess the efficacy of the accuracy procedures that 

21 have been adopted and report such findings to the At22 torney General. 

23 ‘‘(b) STATEMENT AND CERTIFICATION OF ACCURACY

24 PROCEDURES.—Any Federal officer making an application 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
64 

•HR 6570 RH

1 for a court order under this Act shall include with the ap2 plication— 

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

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

5 ‘‘(2) a certification that the officer or the officer’s 

6 designee has collected and reviewed for accuracy and 

7 completeness— 

8 ‘‘(A) supporting documentation for each 

9 factual assertion contained in the application; 

10 ‘‘(B) all information that might reasonably 

11 call into question the accuracy of the informa12 tion or the reasonableness of any assessment in 

13 the application, or otherwise raises doubts about 

14 the requested findings; and 

15 ‘‘(C) all material information that might 

16 reasonably call into question the reliability and 

17 reporting of any information from any confiden18 tial human source that is used in the applica19 tion. 

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

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

22 judge finds, in addition to any other findings required 

23 under this Act, that the accuracy procedures described in 

24 the application for the order, as required under subsection 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
65 

•HR 6570 RH

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

2 section.’’. 

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

4 the Foreign Intelligence Surveillance Act of 1978 is amend5 ed by adding at the end the following: 

‘‘TITLE IX—CERTIFICATION REGARDING ACCURACY PROCEDURES 

‘‘Sec. 901. Certification regarding accuracy procedures.’’. 

6 SEC. 25. ENHANCED ANNUAL REPORTS BY DIRECTOR OF 

7 NATIONAL INTELLIGENCE. 

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

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

10 1873(b)) is amended— 

11 (1) in paragraph (2)(C), by striking the semi12 colon and inserting ‘‘; and’’; 

13 (2) by redesignating paragraphs (3) through (7) 

14 as paragraphs (6) through (10), respectively; 

15 (3) by inserting after paragraph (2) the fol16 lowing: 

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

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

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

20 and identifiers targeted under section 702(a), 

21 disaggregated by certification under which the person 

22 or identifier was targeted; 

23 ‘‘(5) the total number of directives issued pursu24 ant to section 702(i)(1), disaggregated by each type of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
66 

•HR 6570 RH

1 electronic communication service provider described 

2 in subparagraphs (A) through (E) of section 

3 701(b)(4);’’; 

4 (4) in paragraph (9) (as redesignated in para5 graph (2) of this subsection), by striking ‘‘and’’ at the 

6 end; 

7 (5) in paragraph (10) (as redesignated in para8 graph (2) of this subsection), by striking the period 

9 at the end and inserting a semicolon; 

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

11 ‘‘(11)(A) the total number of disseminated intel12 ligence reports derived from collection pursuant to 

13 section 702 containing the identities of United States 

14 persons regardless of whether the identities of the 

15 United States persons were openly included or 

16 masked; 

17 ‘‘(B) the total number of disseminated intel18 ligence reports derived from collection not au19 thorized by this Act containing the identities of 

20 United States persons regardless of whether the 

21 identities of the United States persons were 

22 openly included or masked; 

23 ‘‘(C) the total number of disseminated intel24 ligence reports derived from collection pursuant 

25 to section 702 containing the identities of United 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
67 

•HR 6570 RH

1 States persons in which the identities of the 

2 United States persons were masked; 

3 ‘‘(D) the total number of disseminated intel4 ligence reports derived from collection not au5 thorized by this Act containing the identities of 

6 United States persons in which the identities of 

7 the United States persons were masked; 

8 ‘‘(E) the total number of disseminated intel9 ligence reports derived from collection pursuant 

10 to section 702 containing the identities of United 

11 States persons in which the identities of the 

12 United States persons were openly included; and 

13 ‘‘(F) the total number of disseminated intel14 ligence reports derived from collection not au15 thorized by this Act containing the identities of 

16 United States persons in which the identities of 

17 the United States persons were openly included; 

18 ‘‘(12) the number of queries conducted in an ef19 fort to find communications or information of or 

20 about 1 or more United States persons or persons rea21 sonably believed to be located in the United States at 

22 the time of the query or the time of the communica23 tion or creation of the information, where such com24 munications or information were obtained without a 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
68 

•HR 6570 RH

1 court order, subpoena, or other legal process estab2 lished by statute; 

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

4 which the Federal Government or a government of a 

5 State or political subdivision thereof entered into evi6 dence or otherwise used or disclosed in a criminal 

7 proceeding any information obtained or derived from 

8 an acquisition conducted without a court order, sub9 poena, or other legal process established by statute; 

10 and 

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

12 the communications that are subject to the procedures 

13 described in section 309(b)(3) of the Intelligence Au14 thorization Act for Fiscal Year 2015 (50 U.S.C. 

15 1813(b)(3))— 

16 ‘‘(A) are retained for longer than 5 years; 

17 and 

18 ‘‘(B) are retained for longer than 5 years in 

19 whole in part because they are encrypted.’’. 

20 (b) REPEAL OF NONAPPLICABILITY TO FEDERAL BU21 REAU OF INVESTIGATION OF CERTAIN REQUIREMENTS.— 

22 Subsection (d) of such section is amended— 

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

24 (2) by redesignating paragraph (3) as para25 graph (2). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
69 

•HR 6570 RH

1 (c) CONFORMING AMENDMENT.—Subsection (d)(1) of 

2 such section is amended by striking ‘‘paragraphs (3), (5), 

3 or (6)’’ and inserting ‘‘paragraph (6), (8), or (9)’’. 

4 SEC. 26. QUARTERLY REPORT . 

5 Section 707 of the Foreign Intelligence Surveillance 

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

7 the end the following: 

8 ‘‘(c) QUARTERLY REPORT.—The Attorney General, in 

9 consultation with the Director of National Intelligence, 

10 shall submit a report, each quarter, to the congressional in11 telligence committees and to the Committees on the Judici12 ary of the Senate and of the House of Representatives, 

13 which shall include, for that quarter, the following: 

14 ‘‘(1) The total number of warrants issued to con15 duct a query of information acquired under section 

16 702. 

17 ‘‘(2) The total number of times a query was con18 ducted pursuant to an exception under section 

19 702(f)(2)(B) and which exceptions applied. 

20 ‘‘(3) The total number of queries of information 

21 acquired under section 702 that were conducted using 

22 a United States person query term or a query term 

23 pertaining to a person reasonably believed to be 

24 present in the United States as of the date such query 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
70 

•HR 6570 RH

1 was conducted, disaggregated by the agency that con2 ducted the queries.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB

kjohnson on DSK7ZCZBW3PROD with $$_JOB
Union Calendar No. 248 

118TH CONGRESS 

1ST SESSION H. R. 6570 

[Report No. 118–307, Part I] 

A BILL 

To amend the Foreign Intelligence Surveillance Act 

vide greater transparency and oversight. of 1978 to reform certain authorities and to proDECEMBER 11, 2023 

Reported from the Committee on the Judiciary with an 

amendment 

DECEMBER 11, 2023 

Permanent Select Committee on Intelligence discharged; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 


kjohnson on DSK7ZCZBW3PROD with $$_JOB