I 

118TH CONGRESS 

1ST SESSION H. R. 6570 

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 

A BILL 

To amend the Foreign Intelligence Surveillance Act of 1978 

to reform certain authorities and to provide greater 

transparency and oversight. 

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

3 SECTION 1. SHORT TITLE. 

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

5 End Warrantless Surveillance Act’’. 

6 SEC. 2. QUERY PROCEDURE REFORM. 

7 (a) LIMITATION ON ELIGIBILITY TO CONDUCT QUE8 RIES.—Section 702(f)(1) of the Foreign Intelligence SurVerDate Sep 11 2014 00:53 Dec 07, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6570.IH H6570

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1 veillance Act of 1978 (50 U.S.C. 1881a(f)(1)) is amended 

2 by adding at the end the following: 

3 ‘‘(D) LIMITATION ON ELIGIBILITY OF FBI

4 PERSONNEL TO CONDUCT UNITED STATES PER5 SON QUERIES.—The Attorney General shall en6 sure that the procedures adopted under sub7 paragraph (A) limit the authority to conduct 

8 queries such that— 

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

10 Bureau of Investigation, the most senior 

11 official whose primary duty station is that 

12 field office is authorized to designate not 

13 more than five individuals whose primary 

14 duty station is that field office who are eli15 gible to conduct a query using a United 

16 States person query term; and 

17 ‘‘(ii) for the headquarters of the Fed18 eral Bureau of Investigation, the Director 

19 of the Federal Bureau of Investigation is 

20 authorized to designate not more than five 

21 individuals whose primary duty station is 

22 the Headquarters of the Federal Bureau of 

23 Investigation who are eligible to conduct a 

24 query using a United States person query 

25 term.’’. 


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1 (b) PROHIBITION ON WARRANTLESS QUERIES FOR

2 THE COMMUNICATIONS OF UNITED STATES PERSONS

3 AND PERSONS LOCATED IN THE UNITED STATES.—Sec4 tion 702(f) of the Foreign Intelligence Surveillance Act of 

5 1978 (50 U.S.C. 1881a(f)), as amended by subsection (a), 

6 is further amended— 

7 (1) in paragraph (1)— 

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

9 ‘‘and the limitations and requirements in para10 graph (2)’’ after ‘‘Constitution of the United 

11 States’’; and 

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

13 ‘‘United States person query term used for a 

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

15 person or person reasonably believed to be in 

16 the United States used for a query as required 

17 by paragraph (3)’’; 

18 (2) by redesignating paragraph (3) as para19 graph (6); and 

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

21 following: 

22 ‘‘(2) PROHIBITION ON WARRANTLESS QUERIES

23 FOR THE COMMUNICATIONS AND OTHER INFORMA24 TION OF UNITED STATES PERSONS AND PERSONS

25 LOCATED IN THE UNITED STATES.— 


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

2 subparagraphs (B) and (C), no officer or em3 ployee of the United States may conduct a 

4 query of information acquired under this sec5 tion in an effort to find communications or in6 formation the compelled production of which 

7 would require a probable cause warrant if 

8 sought for law enforcement purposes in the 

9 United States, of or about 1 or more United 

10 States persons or persons reasonably believed to 

11 be located in the United States at the time of 

12 the query or the time of the communication or 

13 creation of the information. 

14 ‘‘(B) EXCEPTIONS FOR CONCURRENT AU15 THORIZATION, CONSENT, EMERGENCY SITUA16 TIONS, AND CERTAIN DEFENSIVE CYBERSECU17 RITY QUERIES.— 

18 ‘‘(i) IN GENERAL.—Subparagraph (A) 

19 shall not apply to a query related to a 

20 United States person or person reasonably 

21 believed to be located in the United States 

22 at the time of the query or the time of the 

23 communication or creation of the informa24 tion if— 


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

2 an order or emergency authorization 

3 authorizing electronic surveillance or 

4 physical search under section 105 or 

5 304 of this Act, or a warrant issued 

6 pursuant to the Federal Rules of 

7 Criminal Procedure by a court of 

8 competent jurisdiction covering the 

9 period of the query; 

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

11 carrying out the query has a reason12 able belief that— 

13 ‘‘(AA) an emergency exists 

14 involving an imminent threat of 

15 death or serious bodily harm; and 

16 ‘‘(BB) in order to prevent or 

17 mitigate this threat, the query 

18 must be conducted before author19 ization pursuant to subparagraph 

20 (I) can, with due diligence, be ob21 tained; and 

22 ‘‘(bb) a description of the 

23 query is provided to the Foreign 

24 Intelligence Surveillance Court 

25 and the congressional intelligence 


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1 committees and the Committees 

2 on the Judiciary of the House of 

3 Representatives and of the Sen4 ate in a timely manner; 

5 ‘‘(III) such person or, if such 

6 person is incapable of providing con7 sent, a third party legally authorized 

8 to consent on behalf of such person, 

9 has provided consent to the query on 

10 a case-by-case basis; or 

11 ‘‘(IV)(aa) the query uses a 

12 known cybersecurity threat signature 

13 as a query term; 

14 ‘‘(bb) 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 ‘‘(cc) no additional contents of communications re19 trieved as a result of the query are accessed or reviewed; 

20 and 

21 ‘‘(dd) all such queries are reported to the Foreign In22 telligence Surveillance Court. 

23 ‘‘(ii) LIMITATIONS.— 

24 ‘‘(I) USE IN SUBSEQUENT PRO25 CEEDINGS AND INVESTIGATIONS.—No 


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1 information retrieved pursuant to a 

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

3 information derived from such query 

4 may be used, received in evidence, or 

5 otherwise disseminated in any inves6 tigation, trial, hearing, or other pro7 ceeding in or before any court, grand 

8 jury, department, office, agency, regu9 latory body, legislative committee, or 

10 other authority of the United States, 

11 a State, or political subdivision there12 of, except in proceedings or investiga13 tions that arise from the threat that 

14 prompted the query. 

15 ‘‘(II) ASSESSMENT OF COMPLI16 ANCE.—The Attorney General shall 

17 not less frequently than annually as18 sess compliance with the requirements 

19 under subclause (I). 

20 ‘‘(C) MATTERS RELATING TO EMERGENCY

21 QUERIES.— 

22 ‘‘(i) TREATMENT OF DENIALS.—In 

23 the event that a query for communications 

24 or information, the compelled production of 

25 which would require a probable cause warVerDate Sep 11 2014 00:53 Dec 07, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6570.IH H6570

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1 rant if sought for law enforcement pur2 poses in the United States, of or about 1 

3 more United States persons or persons 

4 reasonably believed to be located in the 

5 United States at the time of the query or 

6 the time of the communication or creation 

7 of the information is conducted pursuant 

8 to an emergency authorization described in 

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

10 for such emergency authorization is denied, 

11 or in any other case in which the query has 

12 been conducted and no order is issued ap13 proving the query— 

14 ‘‘(I) no information obtained or 

15 evidence derived from such query may 

16 be used, received in evidence, or other17 wise disseminated in any investiga18 tion, trial, hearing, or other pro19 ceeding in or before any court, grand 

20 jury, department, office, agency, regu21 latory body, legislative committee, or 

22 other authority of the United States, 

23 a State, or political subdivision there24 of; and 


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1 ‘‘(II) no information concerning 

2 any United States person or person 

3 reasonably believed to be located in 

4 the United States at the time of the 

5 query or the time of the communica6 tion or the creation of the information 

7 acquired from such query may subse8 quently be used or disclosed in any 

9 other manner without the consent of 

10 such person, except with the approval 

11 of the Attorney General if the infor12 mation indicates a threat of death or 

13 serious bodily harm to any person. 

14 ‘‘(ii) ASSESSMENT OF COMPLIANCE.— 

15 The Attorney General shall not less fre16 quently than annually assess compliance 

17 with the requirements under clause (i). 

18 ‘‘(D) FOREIGN INTELLIGENCE PURPOSE.— 

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

20 officer or employee of the United States may 

21 conduct a query of information acquired under 

22 this section in an effort to find information of 

23 or about 1 or more United States persons or 

24 persons reasonably believed to be located in the 

25 United States at the time of the query or the 


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1 time of the communication or creation of the in2 formation unless the query is reasonably likely 

3 to retrieve foreign intelligence information. 

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

5 of the United States may conduct a query of infor6 mation acquired under this section in an effort to 

7 find information of or about 1 or more United 

8 States persons or persons reasonably believed to be 

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

10 the time of the communication or the creation of the 

11 information, unless first an electronic record is cre12 ated, and a system, mechanism, or business practice 

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

14 following: 

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

16 the query. 

17 ‘‘(B) The date of the query. 

18 ‘‘(C) The identifier of the officer or em19 ployee. 

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

21 use of each query term included under subpara22 graph (A) is— 

23 ‘‘(i) reasonably likely to retrieve for24 eign intelligence information; or 


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1 ‘‘(ii) in furtherance of the exceptions 

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

3 ‘‘(4) PROHIBITION ON RESULTS OF METADATA

4 QUERY AS A BASIS FOR ACCESS TO COMMUNICA5 TIONS AND OTHER PROTECTED INFORMATION.—If a 

6 query of information acquired under this section is 

7 conducted in an effort to find communications 

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

10 States at the time of the query or communication 

11 and the query returns such metadata, the results of 

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

13 communications or information a query for which is 

14 otherwise prohibited under this section. 

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

16 and requirements in this section shall apply to que17 ries of federated and mixed datasets that include in18 formation acquired under this section, unless a 

19 mechanism exists to limit the query to information 

20 not acquired under this section.’’. 


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1 SEC. 3. 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) the commission of a Federal 

2 crime of terrorism under any of clauses (i) 

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

4 title 18, United States Code; 

5 ‘‘(ii) actions necessitating counter6 intelligence (as defined in section 3 of the 

7 National Security Act of 1947 (50 U.S.C. 

8 3003)); 

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

10 weapon of mass destruction (as defined in 

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

12 Code); 

13 ‘‘(iv) a cybersecurity breach or attack 

14 from a foreign country; 

15 ‘‘(v) incapacitation or destruction of 

16 critical infrastructure (as defined in section 

17 1016(e) of the Uniting and Strengthening 

18 America by Providing Appropriate Tools 

19 Required to Intercept and Obstruct Ter20 rorism (USA PATRIOT ACT) Act of 2001 

21 (42 U.S.C. 5195c(e))); 

22 ‘‘(vi) an attack against the armed 

23 forces of the United States or an ally of 

24 the United States or to other personnel of 


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1 the United States Government or a govern2 ment of an ally of the United States; or 

3 ‘‘(vii) international narcotics traf4 ficking.’’. 

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

6 ABOUTS COLLECTION. 

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

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

9 1881a(b)(5)) is amended by striking ‘‘, except as provided 

10 under section 103(b) of the FISA Amendments Reauthor11 ization Act of 2017’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) FOREIGN INTELLIGENCE SURVEILLANCE

14 ACT OF 1978.—Section 702(m) of the Foreign Intel15 ligence Surveillance Act of 1978 (50 U.S.C. 

16 1881a(m)) is amended— 

17 (A) in the subsection heading, by striking 

18 ‘‘REVIEWS, AND REPORTING’’ and inserting 

19 ‘‘AND REVIEWS’’; and 

20 (B) by striking paragraph (4). 

21 (2) FISA AMENDMENTS REAUTHORIZATION ACT

22 OF 2017.—Section 103 of the FISA Amendments Re23 authorization Act of 2017 (Public Law 115–118; 50 

24 U.S.C. 1881a note) is amended— 

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


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

2 SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

3 REFORM. 

4 (a) REQUIREMENT FOR SAME JUDGE TO HEAR RE5 NEWAL APPLICATIONS.—Section 103(a)(1) of the Foreign 

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

7 1803(a)(1)) is amended by adding at the end the fol8 lowing: ‘‘To the extent practicable, no judge designated 

9 under this subsection shall hear a renewal application for 

10 electronic surveillance under this Act, which application 

11 was previously granted by another judge designated under 

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

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

14 longer serving on the court.’’. 

15 (b) USE OF AMICI CURIAE IN FOREIGN INTEL16 LIGENCE SURVEILLANCE COURT PROCEEDINGS.— 

17 (1) EXPANSION OF APPOINTMENT AUTHOR18 ITY.— 

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

20 Foreign Intelligence Surveillance Act of 1978 

21 (50 U.S.C. 1803(i)(2)) is amended— 

22 (i) by striking subparagraph (A) and 

23 inserting the following: 

24 ‘‘(A) shall, unless the court issues a find25 ing that appointment is not appropriate, apVerDate Sep 11 2014 00:53 Dec 07, 2023 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H6570.IH H6570

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1 point 1 or more individuals who have been des2 ignated under paragraph (1), not fewer than 1 

3 of whom possesses privacy and civil liberties ex4 pertise, unless the court finds that such a quali5 fication is inappropriate, to serve as amicus cu6 riae to assist the court in the consideration of 

7 any application or motion for an order or review 

8 that, in the opinion of the court— 

9 ‘‘(i) presents a novel or significant in10 terpretation of the law; 

11 ‘‘(ii) presents significant concerns 

12 with respect to the activities of a United 

13 States person that are protected by the 

14 first amendment to the Constitution of the 

15 United States; 

16 ‘‘(iii) presents or involves a sensitive 

17 investigative matter; 

18 ‘‘(iv) presents a request for approval 

19 of a new program, a new technology, or a 

20 new use of existing technology; 

21 ‘‘(v) presents a request for reauthor22 ization of programmatic surveillance; 

23 ‘‘(vi) otherwise presents novel or sig24 nificant civil liberties issues; or 


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1 ‘‘(vii) otherwise involves the activities 

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

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

4 ‘‘an individual or organization’’ each place 

5 the term appears and inserting ‘‘1 or more 

6 individuals or organizations’’. 

7 (B) DEFINITION OF SENSITIVE INVESTIGA8 TIVE MATTER.—Section 103(i) of the Foreign 

9 Intelligence Surveillance Act of 1978 (50 

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

11 end the following: 

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

13 term ‘sensitive investigative matter’ means— 

14 ‘‘(A) an investigative matter involving the 

15 activities of— 

16 ‘‘(i) a domestic public official or polit17 ical candidate, or an individual serving on 

18 the staff of such an official or candidate; 

19 ‘‘(ii) a domestic religious or political 

20 organization, or a known or suspected 

21 United States person prominent in such an 

22 organization; or 

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

24 ‘‘(B) any other investigative matter involv25 ing a domestic entity or a known or suspected 


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1 United States person that, in the judgment of 

2 the applicable court established under sub3 section (a) or (b), is as sensitive as an inves4 tigative matter described in subparagraph 

5 (A).’’. 

6 (2) AUTHORITY TO SEEK REVIEW.—Section 

7 103(i) of the Foreign Intelligence Surveillance Act of 

8 1978 (50 U.S.C. 1803(i)), as amended by subsection 

9 (a) of this section, is amended— 

10 (A) in paragraph (4)— 

11 (i) in the paragraph heading, by in12 serting ‘‘; AUTHORITY’’ after ‘‘DUTIES’’; 

13 (ii) by redesignating subparagraphs 

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

15 (iii), respectively, and adjusting the mar16 gins accordingly; 

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

18 as so redesignated, by striking ‘‘the amicus 

19 curiae shall’’ and inserting the following: 

20 ‘‘the amicus curiae— 

21 ‘‘(A) shall’’; 

22 (iv) in subparagraph (A)(i), as so re23 designated, by inserting before the semi24 colon at the end the following: ‘‘, including 

25 legal arguments regarding any privacy or 


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1 civil liberties interest of any United States 

2 person that would be significantly im3 pacted by the application or motion’’; and 

4 (v) by striking the period at the end 

5 and inserting the following: ‘‘; and 

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

7 significant privacy or civil liberties issue rel8 evant to the application or motion or other 

9 issue directly impacting the legality of the pro10 posed electronic surveillance with the court, re11 gardless of whether the court has requested as12 sistance on that issue.’’; 

13 (B) by redesignating paragraphs (7) 

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

15 respectively; and 

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

17 following: 

18 ‘‘(7) AUTHORITY TO SEEK REVIEW OF DECI19 SIONS.— 

20 ‘‘(A) FISA COURT DECISIONS.— 

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

22 an order under this Act by the Foreign In23 telligence Surveillance Court, an amicus 

24 curiae appointed under paragraph (2) may 

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1 lance Court to certify for review to the 

2 Foreign Intelligence Surveillance Court of 

3 Review a question of law pursuant to sub4 section (j). 

5 ‘‘(ii) WRITTEN STATEMENT OF REA6 SONS.—If the Foreign Intelligence Surveil7 lance Court denies a petition under this 

8 subparagraph, the Foreign Intelligence 

9 Surveillance Court shall provide for the 

10 record a written statement of the reasons 

11 for the denial. 

12 ‘‘(iii) APPOINTMENT.—Upon certifi13 cation of any question of law pursuant to 

14 this subparagraph, the Court of Review 

15 shall appoint the amicus curiae to assist 

16 the Court of Review in its consideration of 

17 the certified question, unless the Court of 

18 Review issues a finding that such appoint19 ment is not appropriate. 

20 ‘‘(B) FISA COURT OF REVIEW DECI21 SIONS.—An amicus curiae appointed under 

22 paragraph (2) may petition the Foreign Intel23 ligence Surveillance Court of Review to certify 

24 for review to the Supreme Court of the United 


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1 States any question of law pursuant to section 

2 1254(2) of title 28, United States Code. 

3 ‘‘(C) DECLASSIFICATION OF REFER4 RALS.—For purposes of section 602, a petition 

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

6 paragraph and all of its content shall be consid7 ered a decision, order, or opinion issued by the 

8 Foreign Intelligence Surveillance Court or the 

9 Foreign Intelligence Surveillance Court of Re10 view described in paragraph (2) of section 

11 602(a).’’. 

12 (3) ACCESS TO INFORMATION.— 

13 (A) APPLICATION AND MATERIALS.—Sec14 tion 103(i)(6) of the Foreign Intelligence Sur15 veillance Act of 1978 (50 U.S.C. 1803(i)(6)) is 

16 amended by striking subparagraph (A) and in17 serting the following: 

18 ‘‘(A) IN GENERAL.— 

19 ‘‘(i) RIGHT OF AMICUS.—If a court 

20 established under subsection (a) or (b) ap21 points an amicus curiae under paragraph 

22 (2), the amicus curiae— 

23 ‘‘(I) shall have access, to the ex24 tent such information is available to 

25 the Government, to— 


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

3 other information and supporting 

4 materials, including any informa5 tion described in section 901, 

6 submitted to the Foreign Intel7 ligence Surveillance Court in con8 nection with the matter in which 

9 the amicus curiae has been ap10 pointed, including access to any 

11 relevant legal precedent (includ12 ing any such precedent that is 

13 cited by the Government, includ14 ing in such an 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 

22 to whether the decision is classi23 fied; and 

24 ‘‘(cc) any other information 

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1 mines are relevant to the duties 

2 of the amicus curiae; and 

3 ‘‘(II) may make a submission to 

4 the court requesting access to any 

5 other particular materials or informa6 tion (or category of materials or infor7 mation) that the amicus curiae be8 lieves to be relevant to the duties of 

9 the amicus curiae. 

10 ‘‘(ii) SUPPORTING DOCUMENTATION

11 REGARDING ACCURACY.—The Foreign In12 telligence Surveillance Court, upon the mo13 tion of an amicus curiae appointed under 

14 paragraph (2) or upon its own motion, 

15 may require the Government to make 

16 available the supporting documentation de17 scribed in section 902.’’. 

18 (B) CLARIFICATION OF ACCESS TO CER19 TAIN INFORMATION.—Section 103(i)(6) of the 

20 Foreign Intelligence Surveillance Act of 1978 

21 (50 U.S.C. 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: 


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

3 shall have access, to the extent such informa4 tion is available to the Government, to 

5 unredacted copies of each opinion, order, tran6 script, pleading, or other document of the For7 eign Intelligence Surveillance Court and the 

8 Foreign Intelligence Surveillance Court of Re9 view, including, if the individual is eligible for 

10 access to classified information, any classified 

11 documents, information, and other materials or 

12 proceedings.’’. 

13 (4) EFFECTIVE DATE.—The amendments made 

14 by this section shall take effect on the date of enact15 ment of this Act and shall apply with respect to pro16 ceedings under the Foreign Intelligence Surveillance 

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

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

19 SEC. 6. APPLICATION FOR AN ORDER APPROVING ELEC20 TRONIC SURVEILLANCE. 

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

22 the Foreign Intelligence Surveillance Act of 1978 (50 

23 U.S.C. 1804(a)) is amended— 


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

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

3 techniques)’’; 

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

5 end; 

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

7 the end and inserting a semicolon; and 

8 (4) by inserting after paragraph (9) the fol9 lowing: 

10 ‘‘(10) all information material to the applica11 tion, including any information that tends to 

12 rebut— 

13 ‘‘(A) any allegation set forth in the appli14 cation; or 

15 ‘‘(B) the existence of probable cause to be16 lieve that— 

17 ‘‘(i) the target of the electronic sur18 veillance is a foreign power or an agent of 

19 a foreign power; and 

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

21 which the electronic surveillance is directed 

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

23 foreign power or an agent of a foreign 

24 power; and 


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1 ‘‘(11) an affidavit executed by each Federal em2 ployee who contributed to the drafting of the appli3 cation attesting to the accuracy of the application.’’. 

4 (b) PROHIBITION ON USE OF CERTAIN INFORMA5 TION.—Section 104 of the Foreign Intelligence Surveil6 lance Act of 1978 (50 U.S.C. 1804) is amended by adding 

7 at the end the following: 

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

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

10 from the content of a media source or information gath11 ered by a political campaign if— 

12 ‘‘(1) such information is disclosed in the appli13 cation as having been so obtained or gathered; and 

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

15 the information used to justify the applicant’s belief 

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

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

18 105(a) of the Foreign Intelligence Surveillance Act of 

19 1978 (50 U.S.C. 1805(a)) is amended— 

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

21 inserting a semicolon; 

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

23 inserting ‘‘; and’’; and 

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


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

2 under subsection (a)(3) may only include informa3 tion obtained from the content of a media source or 

4 information gathered by a political campaign if— 

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

6 application as having been so obtained or gath7 ered; and 

8 ‘‘(B) such information is not the sole 

9 source of the information used to justify the ap10 plicant’s belief described in subsection (a)(3).’’. 

11 SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF 

12 CERTAIN DOCUMENTS. 

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

14 of the Foreign Intelligence Surveillance Act of 1978 (50 

15 U.S.C. 1871(c)) is amended by inserting ‘‘, including de16 classified copies that have undergone review under section 

17 602’’ before ‘‘; and’’. 

18 (b) TIMELINE FOR DECLASSIFICATION REVIEW.— 

19 Section 602(a) of the Foreign Intelligence Surveillance 

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

21 (1) by inserting after ‘‘shall conduct a declas22 sification review’’ the following: ‘‘, to be concluded 

23 not later than 45 days after the commencement of 

24 such review,’’; and 


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1 (2) by inserting after ‘‘a significant construc2 tion or interpretation of any provision of law’’ the 

3 following: ‘‘or results in a change of application of 

4 any provision of this Act or a novel application of 

5 any provision of this Act’’. 

6 SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS; ATTENDANCE 

7 OF CERTAIN CONGRESSIONAL OFFICIALS AT 

8 CERTAIN PROCEEDINGS. 

9 Section 103(c) of the Foreign Intelligence Surveil10 lance Act of 1978 (50 U.S.C. 1803(c)) is amended— 

11 (1) by striking ‘‘Proceedings under this Act’’ 

12 and inserting the following: ‘‘(1) Proceedings under 

13 this Act’’; 

14 (2) by striking ‘‘including applications made 

15 and orders granted’’ and inserting ‘‘including appli16 cations made, orders granted, and transcriptions of 

17 proceedings,’’; and 

18 (3) by adding at the end: 

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

20 of the congressional intelligence committees and of the 

21 Committees on the Judiciary of the House of Representa22 tives and of the Senate shall be entitled to attend any pro23 ceeding of the Foreign Intelligence Surveillance Court or 

24 any proceeding of the Foreign Intelligence Surveillance 

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1 ceeding pursuant to this paragraph may designate not 

2 more than 2 Members of Congress and not more than 2 

3 staff members of such committee to attend on their behalf, 

4 pursuant to such procedures as the Attorney General, in 

5 consultation with the Director of National Intelligence 

6 may establish. Not later than 45 days after any such pro7 ceeding, a copy of any application made, order granted, 

8 or transcription of the proceeding shall be made available 

9 for review to each person who is entitled to attend a pro10 ceeding pursuant to this paragraph or who is designated 

11 under this paragraph. Terms used in this paragraph have 

12 the meanings given such terms in section 701(b).’’. 

13 SEC. 9. ANNUAL AUDIT OF FISA COMPLIANCE BY INSPEC14 TOR GENERAL. 

15 (a) REPORT REQUIRED.—Title VI of the Foreign In16 telligence Surveillance Act of 1978 (50 U.S.C. 1871 et 

17 seq.) is amended by adding at the end the following: 

18 ‘‘SEC. 605. ANNUAL AUDIT OF FISA COMPLIANCE BY IN19 SPECTOR GENERAL. 

20 ‘‘Beginning with the first calendar year that begins 

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

22 June 30th of that year and each year thereafter, the In23 spector General of the Department of Justice shall con24 duct an audit on alleged violations and failures to comply 

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1 tablished pursuant to this Act, and submit a report there2 on to the congressional intelligence committees and the 

3 Committees on the Judiciary of the House of Representa4 tives and of the Senate.’’. 

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

6 for the Foreign Intelligence Surveillance Act of 1978 (50 

7 U.S.C. 1801 et seq.) is amended by adding at the end 

8 the following: 

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

9 SEC. 10. REPORTING ON ACCURACY AND COMPLETENESS 

10 OF APPLICATIONS. 

11 Section 603 of the Foreign Intelligence Surveillance 

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

13 (1) in subsection (a)(1)— 

14 (A) by redesignating subparagraphs (B) 

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

16 respectively; and 

17 (B) by inserting after subparagraph (A) 

18 the following: 

19 ‘‘(B) an analysis of the accuracy and com20 pleteness of such applications and certifications 

21 submitted;’’; and 

22 (2) in subsection (a)(2), by striking ‘‘subpara23 graph (F)’’ and inserting ‘‘subparagraph (G)’’. 


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1 SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF IN2 VESTIGATION. 

3 (a) REPORT REQUIRED.—Title VI of the Foreign In4 telligence Surveillance Act of 1978 (50 U.S.C. 1871 et 

5 seq.), as amended by this Act, is further amended by add6 ing at the end the following: 

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

8 INVESTIGATION. 

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

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

11 the Federal Bureau of Investigation shall submit to the 

12 congressional intelligence committees and the Committees 

13 on the Judiciary of the House of Representatives and of 

14 the Senate— 

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

16 the Director to address violations of the require17 ments of law or the procedures established under 

18 this Act, including a comprehensive account of dis19 ciplinary investigations, including— 

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

21 the date the report is submitted; 

22 ‘‘(B) the adjudications of such investiga23 tions when concluded; and 

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

25 of such adjudications; and 


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1 ‘‘(2) a report on the conduct of queries con2 ducted under section 702 for the preceding year 

3 using a United States person query term, includ4 ing— 

5 ‘‘(A) the number of such queries con6 ducted; 

7 ‘‘(B) what terms were used; 

8 ‘‘(C) the number of warrants issued and 

9 denied under section 702(f)(1); and 

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

11 alleged under 702(f)(2).’’. 

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

13 for the Foreign Intelligence Surveillance Act of 1978 (50 

14 U.S.C. 1801 et seq.), as amended by this Act, is further 

15 amended by adding at the end the following: 

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

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

17 FISA AUTHORITIES; EFFECTIVE DATES. 

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

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

20 2474) is amended— 

21 (1) in paragraph (1)— 

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

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

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

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1 ization Act of 2017,’’ and inserting ‘‘, as most 

2 recently amended,’’; and 

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

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

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

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

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

8 122 Stat. 2476), is amended— 

9 (1) in paragraph (1)— 

10 (A) in the heading, by striking ‘‘DECEM11 BER 31, 2023’’ and inserting ‘‘DECEMBER 31, 

12 2026’’; and 

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

14 101(a) and by the FISA Amendments Reau15 thorization Act of 2017,’’ and inserting ‘‘, as 

16 most recently amended,’’; 

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

18 by section 101(a) and by the FISA Amendments Re19 authorization Act of 2017,’’ and inserting ‘‘, as most 

20 recently amended,’’; and 

21 (3) in paragraph (4)— 

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

23 101(a) and amended by the FISA Amendments 

24 Reauthorization Act of 2017,’’ both places it 


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1 appears and inserting ‘‘, as added by section 

2 101(a) and as most recently amended,’’; and 

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

4 101(a) and by the FISA Amendments Reau5 thorization Act of 2017,’’ and inserting ‘‘, as 

6 most recently amended,’’ both places it appears. 

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

8 (a) IN GENERAL.—Section 109 of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1809) is 

10 amended as follows: 

11 (1) ADDITIONAL OFFENSES.—In subsection 

12 (a)— 

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

14 by striking ‘‘intentionally’’; 

15 (B) in paragraph (1)— 

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

17 ‘‘engages in’’; and 

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

19 (C) in paragraph (2)— 

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

21 ‘‘discloses or uses’’; and 

22 (ii) by striking the period at the end 

23 and inserting a semicolon; and 

24 (D) by adding at the end the following: . 


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

2 makes any false statement before the Foreign Intel3 ligence Surveillance Court or the Foreign Intel4 ligence Surveillance Court of Review, knowing such 

5 document or statement to contain— 

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

7 ‘‘(B) a material omission; or 

8 ‘‘(4) knowingly discloses the existence of an ap9 plication for an order authorizing surveillance under 

10 this title, or any information contained therein, to 

11 any person not authorized to receive such informa12 tion.’’. 

13 (2) ENHANCED PENALTIES.—In subsection (c), 

14 is amended to read as follows: 

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

16 any of paragraphs (1) through (4) of subsection (a), the 

17 offense is punishable by a fine of not more than $10,000 

18 or imprisonment for not more than 8 years, or both.’’. 

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

20 amendments made by this Act may not be construed to 

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

22 United States Code, or any other provision of law regard23 ing the unlawful disclosure of classified information. 


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

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

3 States Code, is amended— 

4 (1) in section 402, by inserting after ‘‘any dis5 trict court of the United States’’ the following: ‘‘, 

6 the Foreign Intelligence Surveillance Court, the For7 eign Intelligence Surveillance Court of Review,’’; and 

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

9 ‘‘§ 404. Definitions 

10 ‘‘For purposes of this chapter— 

11 ‘‘(1) the term ‘court of the United States’ in12 cludes the Foreign Intelligence Surveillance Court or 

13 the Foreign Intelligence Surveillance Court of Re14 view; and 

15 ‘‘(2) the terms ‘Foreign Intelligence Surveil16 lance Court’ and ‘Foreign Intelligence Surveillance 

17 Court of Review’ have the meanings given such 

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

19 Surveillance Act of 1978.’’. 

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

21 for such chapter is amended by inserting after the item 

22 pertaining to section 403 the following: 

‘‘404. Definitions.’’. 

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

24 of enactment, and annually thereafter the Foreign Intel25 ligence Surveillance Court and the Foreign Intelligence 


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1 Surveillance Court of Review (as such terms are defined 

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

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

4 the exercise of authority under chapter 21 of title 18, 

5 United States Code, by such courts during the previous 

6 year. 

7 SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS. 

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

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

10 1810(a)) is amended to read as follows: 

11 ‘‘(a) actual damages, but not less than liq12 uidated damages equal to the greater of— 

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

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

15 each day of violation; or 

16 ‘‘(2) for any other aggrieved person, 

17 $1,000 or $100 per day for each day of viola18 tion;’’. 

19 (b) REPORTING REQUIREMENT.—Title I of the For20 eign Intelligence Surveillance Act of 1978 is amended by 

21 inserting after section 110 the following: 

22 ‘‘SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL AC23 TIONS. 

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

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1 tion 110, the head of the agency that employs that person 

2 shall report to Congress on the administrative action 

3 taken against that person pursuant to section 607 or any 

4 other provision of law. 

5 ‘‘(b) FISC.—If a court finds that a person has vio6 lated this Act in a civil action under section 110, the head 

7 of the agency that employs that person shall report the 

8 name of such person to the Foreign Intelligence Surveil9 lance Court. The Foreign Intelligence Surveillance Court 

10 shall maintain a list of each person about whom it received 

11 a report under this subsection.’’. 

12 SEC. 16. ACCOUNTABILITY PROCEDURES FOR INCIDENTS 

13 RELATING TO QUERIES CONDUCTED BY THE 

14 FEDERAL BUREAU OF INVESTIGATION. 

15 (a) IN GENERAL.—Title VII of the Foreign Intel16 ligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) 

17 is amended by adding at the end the following: 

18 ‘‘SEC. 709. ACCOUNTABILITY PROCEDURES FOR INCIDENTS 

19 RELATING TO QUERIES CONDUCTED BY THE 

20 FEDERAL BUREAU OF INVESTIGATION. 

21 ‘‘(a) IN GENERAL.—The Director of the Federal Bu22 reau of Investigation shall establish procedures to hold 

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1 erning queries of information acquired pursuant to section 

2 702. 

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

4 subsection (a) shall include the following: 

5 ‘‘(1) Centralized tracking of individual employee 

6 performance incidents involving negligent violations 

7 of law, guidance, and procedure described in sub8 section (a), over time. 

9 ‘‘(2) Escalating consequences for such inci10 dents, including— 

11 ‘‘(A) consequences for initial incidents, in12 cluding, at a minimum— 

13 ‘‘(i) suspension of access to informa14 tion acquired under this Act; and 

15 ‘‘(ii) documentation of the incident in 

16 the personnel file of each employee respon17 sible for the violation; and 

18 ‘‘(B) consequences for subsequent inci19 dents, including, at a minimum— 

20 ‘‘(i) possible indefinite suspension of 

21 access to information acquired under this 

22 Act; 

23 ‘‘(ii) reassignment of each employee 

24 responsible for the violation; and 


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

2 Inspection Division of the Federal Bureau 

3 of Investigation for review of potentially 

4 reckless conduct. 

5 ‘‘(3) Clarification of requirements for referring 

6 intentional misconduct and reckless conduct to the 

7 Inspection Division of the Federal Bureau of Inves8 tigation for investigation and disciplinary action by 

9 the Office of Professional Responsibility of the Fed10 eral Bureau of Investigation.’’. 

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

12 for such Act is amended by inserting after the item relat13 ing to section 708 the following: 

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

the Federal Bureau of Investigation.’’. 

14 (c) REPORT REQUIRED.— 

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

16 after the date of the enactment of this Act, the Di17 rector of the Federal Bureau of Investigation shall 

18 submit to the Committees on the Judiciary of the 

19 House of Representatives and of the Senate and to 

20 the congressional intelligence committees (as such 

21 term is defined in section 801 of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1885)) 

23 a report detailing the procedures established under 


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1 section 709 of the Foreign Intelligence Surveillance 

2 Act of 1978, as added by subsection (a). 

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

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

5 thereafter, the Federal Bureau of Investigation shall 

6 submit to the Committees on the Judiciary of the 

7 House of Representatives and of the Senate and to 

8 the congressional intelligence committees (as such 

9 term is defined in section 801 of the Foreign Intel10 ligence Surveillance Act of 1978 (50 U.S.C. 1885)) 

11 a report on any disciplinary actions taken pursuant 

12 to the procedures established under section 709 of 

13 the Foreign Intelligence Surveillance Act of 1978, as 

14 added by subsection (a), including a description of 

15 the circumstances surrounding each such discipli16 nary action, and the results of each such disciplinary 

17 action. 

18 (3) FORM.—The reports required under para19 graphs (1) and (2) shall be submitted in unclassified 

20 form, but may include a classified annex to the ex21 tent necessary to protect sources and methods. 

22 SEC. 17. AGENCY PROCEDURES TO ENSURE COMPLIANCE. 

23 (a) AGENCY PROCEDURES TO ENSURE COMPLI24 ANCE.—Title VI of the Foreign Intelligence Surveillance 

25 Act of 1978 (50 U.S.C. 1871 et seq.), as amended by this 


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1 Act, is further amended by adding at the end the fol2 lowing: 

3 ‘‘SEC. 607. AGENCY PROCEDURES TO ENSURE COMPLI4 ANCE. 

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

7 this Act shall establish procedures— 

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

11 ‘‘(2) for taking appropriate adverse personnel 

12 action against any officer or employee of the depart13 ment or agency who engages in such a violation, in14 cluding more severe adverse actions for any subse15 quent violation.’’. 

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

17 for the Foreign Intelligence Surveillance Act of 1978 (50 

18 U.S.C. 1801 et seq.), as amended by this Act, is further 

19 amended by adding at the end the following: 

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

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

21 of enactment of this Act, the head of each Federal depart22 ment or agency that is required to establish procedures 

23 under section 607 of the Foreign Intelligence Surveillance 

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


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1 SEC. 18. PROTECTION OF RECORDS HELD BY DATA BRO2 KERS. 

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

4 amended by adding at the end the following: 

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

6 ANYTHING OF VALUE CERTAIN RECORDS AND INFORMA7 TION BY LAW ENFORCEMENT AND INTELLIGENCE AGEN8 CIES.— 

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

10 ‘‘(A) the term ‘covered customer or sub11 scriber record’ means a covered record that is— 

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

13 ‘‘(I) a provider of an electronic 

14 communication service to the public or 

15 a provider of a remote computing 

16 service of which the covered person 

17 with respect to the covered record is a 

18 subscriber or customer; or 

19 ‘‘(II) an intermediary service pro20 vider that delivers, stores, or proc21 esses communications of such covered 

22 person; 

23 ‘‘(ii) collected by a third party from 

24 an online account of a covered person; or 


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

2 or about an electronic device of a covered 

3 person; 

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

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

6 United States; or 

7 ‘‘(ii) a person— 

8 ‘‘(I) who is located outside the 

9 United States or whose location can10 not be determined; and 

11 ‘‘(II) who is a United States per12 son, as defined in section 101 of the 

13 Foreign Intelligence Surveillance Act 

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

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

16 record or other information that— 

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

18 ‘‘(ii) is— 

19 ‘‘(I) a record or other informa20 tion described in the matter preceding 

21 paragraph (1) of subsection (c); 

22 ‘‘(II) the contents of a commu23 nication; or 

24 ‘‘(III) location information; 


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

2 meaning given the term ‘computer’ in section 

3 1030(e); 

4 ‘‘(E) the term ‘illegitimately obtained in5 formation’ means a covered record that— 

6 ‘‘(i) was obtained— 

7 ‘‘(I) from a provider of an elec8 tronic communication service to the 

9 public or a provider of a remote com10 puting service in a manner that— 

11 ‘‘(aa) violates the service 

12 agreement between the provider 

13 and customers or subscribers of 

14 the provider; or 

15 ‘‘(bb) is inconsistent with 

16 the privacy policy of the provider; 

17 ‘‘(II) by deceiving the covered 

18 person whose covered record was ob19 tained; or 

20 ‘‘(III) through the unauthorized 

21 accessing of an electronic device or 

22 online account; or 

23 ‘‘(ii) was— 

24 ‘‘(I) obtained from a provider of 

25 an electronic communication service to 


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1 the public, a provider of a remote 

2 computing service, or an intermediary 

3 service provider; and 

4 ‘‘(II) collected, processed, or 

5 shared in violation of a contract relat6 ing to the covered record; 

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

8 the meaning given that term in section 3 of the 

9 National Security Act of 1947 (50 U.S.C. 

10 3003); 

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

12 information derived or otherwise calculated 

13 from the transmission or reception of a radio 

14 signal that reveals the approximate or actual 

15 geographic location of a customer, subscriber, 

16 or device; 

17 ‘‘(H) the term ‘obtain in exchange for any18 thing of value’ means to obtain by purchasing, 

19 to receive in connection with services being pro20 vided for consideration, or to otherwise obtain 

21 in exchange for consideration, including an ac22 cess fee, service fee, maintenance fee, or licens23 ing fee; 

24 ‘‘(I) the term ‘online account’ means an 

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1 tion service to the public or remote computing 

2 service; 

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

4 person, means— 

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

6 identity of a person; or 

7 ‘‘(ii) information— 

8 ‘‘(I) that has been anonymized to 

9 remove links to the identity of a per10 son; and 

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

12 information, could be used to identify 

13 a person; and 

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

15 who— 

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

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

18 disclosure, obtaining, processing, or shar19 ing of the covered record at issue, was not 

20 acting as— 

21 ‘‘(I) a provider of an electronic 

22 communication service to the public; 

23 or 

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


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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 

7 or any illegitimately obtained information. 

8 ‘‘(B) INDIRECTLY ACQUIRED RECORDS

9 AND INFORMATION.—The limitation under sub10 paragraph (A) shall apply without regard to 

11 whether the third party possessing the covered 

12 customer or subscriber record or illegitimately 

13 obtained information is the third party that ini14 tially obtained or collected, or is the third party 

15 that initially received the disclosure of, the cov16 ered customer or subscriber record or illegit17 imately obtained information. 

18 ‘‘(3) LIMIT ON SHARING BETWEEN AGEN19 CIES.—An agency of a governmental entity that is 

20 not a law enforcement agency or an element of the 

21 intelligence community may not provide to a law en22 forcement agency of a governmental entity or an ele23 ment of the intelligence community a covered cus24 tomer or subscriber record or illegitimately obtained 


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1 information that was obtained from a third party in 

2 exchange for anything of value. 

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

4 covered customer or subscriber record or illegit5 imately obtained information obtained by or pro6 vided to a law enforcement agency of a governmental 

7 entity or an element of the intelligence community in 

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

9 derived therefrom, may not be received in evidence 

10 in any trial, hearing, or other proceeding in or be11 fore any court, grand jury, department, officer, 

12 agency, regulatory body, legislative committee, or 

13 other authority of the United States, a State, or a 

14 political subdivision 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 ele24 ment of the intelligence community acquires in25 formation pertaining to a covered person in vioVerDate Sep 11 2014 00:53 Dec 07, 2023 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H6570.IH H6570

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1 lation of paragraph (2) or (3), the law enforce2 ment agency of a governmental entity or ele3 ment of the intelligence community shall mini4 mize the acquisition and retention, and prohibit 

5 the dissemination, of the information in accord6 ance with the procedures adopted under sub7 paragraph (A).’’. 

8 SEC. 19. REQUIRED DISCLOSURE. 

9 Section 2703 of title 18, United States Code, is 

10 amended 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 

14 terms ‘covered customer or subscriber record’, ‘ille15 gitimately obtained information’, and ‘third party’ 

16 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 third 

21 party to disclose a covered customer or subscriber 

22 record or any illegitimately obtained information if a 

23 court order would be required for the governmental 

24 entity to require a provider of remote computing 

25 service or a provider of electronic communication 


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1 service to the public to disclose such a covered cus2 tomer or subscriber record or illegitimately obtained 

3 information that is a record of a customer or sub4 scriber of the provider. 

5 ‘‘(3) ORDERS.— 

6 ‘‘(A) IN GENERAL.—A court may only 

7 issue an order requiring a third party to dis8 close a covered customer or subscriber record or 

9 any illegitimately obtained information on the 

10 same basis and subject to the same limitations 

11 as would apply to a court order to require dis12 closure by a provider of remote computing serv13 ice or a provider of electronic communication 

14 service to the public of a record of a customer 

15 or subscriber of the provider. 

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

18 stringent standard under Federal statute or the 

19 Constitution of the United States that would be 

20 applicable to a request for a court order to re21 quire a comparable disclosure by a provider of 

22 remote computing service or a provider of elec23 tronic communication service to the public of a 

24 record of a customer or subscriber of the pro25 vider.’’. 


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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 

13 electronic communication service to the public or a 

14 provider of remote computing service.’’. 

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

16 United 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— 


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

2 of a communication while in electronic storage 

3 by that provider; or 

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

5 or other information pertaining to a subscriber 

6 to or customer of, a recipient of a communica7 tion from a subscriber to or customer of, or the 

8 sender of a communication to a subscriber to or 

9 customer of, the provider of electronic commu10 nication service to the public or the provider of 

11 remote 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 

17 THAN UNDER THE FOREIGN INTELLIGENCE 

18 SURVEILLANCE 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 


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1 surveillance, as defined in section 101 of the Foreign In2 telligence Surveillance Act of 1978 (50 U.S.C. 1801). 

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

4 clause is— 

5 ‘‘(I) an acquisition by the United States Gov6 ernment of foreign intelligence information from 

7 international or foreign communications that— 

8 ‘‘(aa) is acquired pursuant to express stat9 utory 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 

16 statutory authority; or 

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

18 United States Government of information of 

19 persons who are not United States persons and 

20 are located outside the United States. 

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

22 and the Foreign Intelligence Surveillance Act of 1978 (50 

23 U.S.C. 1801 et seq.) shall be the exclusive means by which 

24 electronic surveillance, as defined in section 101 of such 


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1 Act, and the interception of domestic wire, oral, and elec2 tronic communications may be conducted.’’. 

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

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

6 means by which electronic communications transactions 

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

9 United States are acquired for foreign intelligence pur10 poses inside the United States or from a person or entity 

11 located in the United States that provides telecommuni12 cations, electronic communication, or remote computing 

13 services. 

14 (c) EXCLUSIVE MEANS RELATED TO LOCATION IN15 FORMATION, WEB BROWSING HISTORY, AND INTERNET

16 SEARCH HISTORY.— 

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

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

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

20 United States Code, as added by section 2 of this 

21 Act. 

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

23 303, 304, 703, 704, and 705 of the Foreign Intel24 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

25 seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the 


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1 exclusive means by which location information, web 

2 browsing history, and internet search history of 

3 United States persons or persons inside the United 

4 States are acquired for foreign intelligence purposes 

5 inside the United States or from a person or entity 

6 located in the United States. 

7 (d) EXCLUSIVE MEANS RELATED TO FOURTH

8 AMENDMENT-PROTECTED INFORMATION.—Title I and 

9 sections 303, 304, 703, 704, and 705 of the Foreign Intel10 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 

11 1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive 

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

13 things are acquired for foreign intelligence purposes from 

14 a person or entity located in the United States if the com15 pelled production of such information, records, data, or 

16 tangible things would require a warrant for law enforce17 ment purposes. 

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

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

20 101 of the Foreign Intelligence Surveillance Act of 1978 

21 (50 U.S.C. 1801). 


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1 SEC. 22. LIMIT ON CIVIL IMMUNITY FOR PROVIDING INFOR2 MATION, FACILITIES, OR TECHNICAL ASSIST3 ANCE TO THE GOVERNMENT ABSENT A 

4 COURT ORDER. 

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

6 is amended— 

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

8 and inserting the following: 

9 ‘‘(B) a certification in writing— 

10 ‘‘(I) by a person specified in section 

11 2518(7) or the Attorney General of the United 

12 States; 

13 ‘‘(II) that the requirements for an emer14 gency authorization to intercept a wire, oral, or 

15 electronic communication under section 2518(7) 

16 have been met; and 

17 ‘‘(III) that the specified assistance is re18 quired,’’; and 

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

20 the following: 

21 ‘‘(iii) For assistance provided pursuant to a certifi22 cation under subparagraph (ii)(B), the limitation on 

23 causes of action under the last sentence of the matter fol24 lowing subparagraph (ii)(B) shall only apply to the extent 

25 that the assistance ceased at the earliest of the time the 

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1 munication sought was obtained, or 48 hours after the 

2 interception began.’’. 

Æ 


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