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. DAVID-
SON, Ms. JACOBS, and Mr. FRY) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Per-
manent Select Committee on Intelligence, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect Liberty and 
End Warrantless Surveillance Act’’. 
SEC. 2. QUERY PROCEDURE REFORM. 
(a) LIMITATION ON ELIGIBILITY TO CONDUCT QUE-
RIES.—Section 702(f)(1) of the Foreign Intelligence Sur-
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veillance Act of 1978 (50 U.S.C. 1881a(f)(1)) is amended 
by adding at the end the following: 
‘‘(D) LIMITATION ON ELIGIBILITY OF FBI 
PERSONNEL TO CONDUCT UNITED STATES PER-
SON QUERIES.—The Attorney General shall en-
sure that the procedures adopted under sub-
paragraph (A) limit the authority to conduct 
queries such that— 
‘‘(i) for each field office of the Federal 
Bureau of Investigation, the most senior 
official whose primary duty station is that 
field office is authorized to designate not 
more than five individuals whose primary 
duty station is that field office who are eli-
gible to conduct a query using a United 
States person query term; and 
‘‘(ii) for the headquarters of the Fed-
eral Bureau of Investigation, the Director 
of the Federal Bureau of Investigation is 
authorized to designate not more than five 
individuals whose primary duty station is 
the Headquarters of the Federal Bureau of 
Investigation who are eligible to conduct a 
query using a United States person query 
term.’’. 
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(b) PROHIBITION ON WARRANTLESS QUERIES FOR 
THE COMMUNICATIONS
OF UNITED STATES PERSONS 
AND PERSONS LOCATED IN THE UNITED STATES.—Sec-
tion 702(f) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(f)), as amended by subsection (a), 
is further amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by inserting 
‘‘and the limitations and requirements in para-
graph (2)’’ after ‘‘Constitution of the United 
States’’; and 
(B) in subparagraph (B), by striking 
‘‘United States person query term used for a 
query’’ and inserting ‘‘term for a United States 
person or person reasonably believed to be in 
the United States used for a query as required 
by paragraph (3)’’; 
(2) by redesignating paragraph (3) as para-
graph (6); and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) PROHIBITION ON WARRANTLESS QUERIES 
FOR THE COMMUNICATIONS AND OTHER INFORMA-
TION OF UNITED STATES PERSONS AND PERSONS 
LOCATED IN THE UNITED STATES.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), no officer or em-
ployee of the United States may conduct a 
query of information acquired under this sec-
tion in an effort to find communications or in-
formation the compelled production of which 
would require a probable cause warrant if 
sought for law enforcement purposes in the 
United States, of or about 1 or more United 
States persons or persons reasonably believed to 
be located in the United States at the time of 
the query or the time of the communication or 
creation of the information. 
‘‘(B) EXCEPTIONS FOR CONCURRENT AU-
THORIZATION, CONSENT, EMERGENCY
SITUA-
TIONS, AND CERTAIN DEFENSIVE CYBERSECU-
RITY QUERIES.— 
‘‘(i) IN GENERAL.—Subparagraph (A) 
shall not apply to a query related to a 
United States person or person reasonably 
believed to be located in the United States 
at the time of the query or the time of the 
communication or creation of the informa-
tion if— 
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‘‘(I) such person is the subject of 
an order or emergency authorization 
authorizing electronic surveillance or 
physical search under section 105 or 
304 of this Act, or a warrant issued 
pursuant to the Federal Rules of 
Criminal Procedure by a court of 
competent jurisdiction covering the 
period of the query; 
‘‘(II)(aa) the officer or employee 
carrying out the query has a reason-
able belief that— 
‘‘(AA) an emergency exists 
involving an imminent threat of 
death or serious bodily harm; and 
‘‘(BB) in order to prevent or 
mitigate this threat, the query 
must be conducted before author-
ization pursuant to subparagraph 
(I) can, with due diligence, be ob-
tained; and 
‘‘(bb) a description of the 
query is provided to the Foreign 
Intelligence Surveillance Court 
and the congressional intelligence 
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committees and the Committees 
on the Judiciary of the House of 
Representatives and of the Sen-
ate in a timely manner; 
‘‘(III) such person or, if such 
person is incapable of providing con-
sent, a third party legally authorized 
to consent on behalf of such person, 
has provided consent to the query on 
a case-by-case basis; or 
‘‘(IV)(aa) 
the 
query 
uses 
a 
known cybersecurity threat signature 
as a query term; 
‘‘(bb) the query is conducted, and the results of the 
query are used, for the sole purpose of identifying targeted 
recipients of malicious software and preventing or miti-
gating harm from such malicious software; 
‘‘(cc) no additional contents of communications re-
trieved as a result of the query are accessed or reviewed; 
and 
‘‘(dd) all such queries are reported to the Foreign In-
telligence Surveillance Court. 
‘‘(ii) LIMITATIONS.— 
‘‘(I) USE IN SUBSEQUENT PRO-
CEEDINGS AND INVESTIGATIONS.—No 
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information retrieved pursuant to a 
query authorized by clause (i)(II) or 
information derived from such query 
may be used, received in evidence, or 
otherwise disseminated in any inves-
tigation, trial, hearing, or other pro-
ceeding in or before any court, grand 
jury, department, office, agency, regu-
latory body, legislative committee, or 
other authority of the United States, 
a State, or political subdivision there-
of, except in proceedings or investiga-
tions that arise from the threat that 
prompted the query. 
‘‘(II) ASSESSMENT
OF
COMPLI-
ANCE.—The Attorney General shall 
not less frequently than annually as-
sess compliance with the requirements 
under subclause (I). 
‘‘(C) MATTERS RELATING TO EMERGENCY 
QUERIES.— 
‘‘(i) TREATMENT
OF
DENIALS.—In 
the event that a query for communications 
or information, the compelled production of 
which would require a probable cause war-
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rant if sought for law enforcement pur-
poses in the United States, of or about 1 
more United States persons or persons 
reasonably believed to be located in the 
United States at the time of the query or 
the time of the communication or creation 
of the information is conducted pursuant 
to an emergency authorization described in 
subparagraph (B)(i)(I) and the application 
for such emergency authorization is denied, 
or in any other case in which the query has 
been conducted and no order is issued ap-
proving the query— 
‘‘(I) no information obtained or 
evidence derived from such query may 
be used, received in evidence, or other-
wise disseminated in any investiga-
tion, trial, hearing, or other pro-
ceeding in or before any court, grand 
jury, department, office, agency, regu-
latory body, legislative committee, or 
other authority of the United States, 
a State, or political subdivision there-
of; and 
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‘‘(II) no information concerning 
any United States person or person 
reasonably believed to be located in 
the United States at the time of the 
query or the time of the communica-
tion or the creation of the information 
acquired from such query may subse-
quently be used or disclosed in any 
other manner without the consent of 
such person, except with the approval 
of the Attorney General if the infor-
mation indicates a threat of death or 
serious bodily harm to any person. 
‘‘(ii) ASSESSMENT OF COMPLIANCE.— 
The Attorney General shall not less fre-
quently than annually assess compliance 
with the requirements under clause (i). 
‘‘(D) FOREIGN INTELLIGENCE PURPOSE.— 
Except as provided in subparagraph (B)(i), no 
officer or employee of the United States may 
conduct a query of information acquired under 
this section in an effort to find information of 
or about 1 or more United States persons or 
persons reasonably believed to be located in the 
United States at the time of the query or the 
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time of the communication or creation of the in-
formation unless the query is reasonably likely 
to retrieve foreign intelligence information. 
‘‘(3) DOCUMENTATION.—No officer or employee 
of the United States may conduct a query of infor-
mation acquired under this section in an effort to 
find information of or about 1 or more United 
States persons or persons reasonably believed to be 
located in the United States at the time of query or 
the time of the communication or the creation of the 
information, unless first an electronic record is cre-
ated, and a system, mechanism, or business practice 
is in place to maintain such record, that includes the 
following: 
‘‘(A) Each term used for the conduct of 
the query. 
‘‘(B) The date of the query. 
‘‘(C) The identifier of the officer or em-
ployee. 
‘‘(D) A statement of facts showing that the 
use of each query term included under subpara-
graph (A) is— 
‘‘(i) reasonably likely to retrieve for-
eign intelligence information; or 
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‘‘(ii) in furtherance of the exceptions 
described in paragraph (2)(B)(i). 
‘‘(4) PROHIBITION ON RESULTS OF METADATA 
QUERY
AS
A
BASIS
FOR
ACCESS
TO
COMMUNICA-
TIONS AND OTHER PROTECTED INFORMATION.—If a 
query of information acquired under this section is 
conducted in an effort to find communications 
metadata of 1 or more United States persons or per-
sons reasonably believed to be located in the United 
States at the time of the query or communication 
and the query returns such metadata, the results of 
the query shall not be used as a basis for reviewing 
communications or information a query for which is 
otherwise prohibited under this section. 
‘‘(5) FEDERATED DATASETS.—The prohibitions 
and requirements in this section shall apply to que-
ries of federated and mixed datasets that include in-
formation acquired under this section, unless a 
mechanism exists to limit the query to information 
not acquired under this section.’’. 
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SEC. 3. LIMITATION ON USE OF INFORMATION OBTAINED 
UNDER SECTION 702 OF THE FOREIGN INTEL-
LIGENCE SURVEILLANCE ACT OF 1978 RELAT-
ING TO UNITED STATES PERSONS AND PER-
SONS LOCATED IN THE UNITED STATES IN 
CRIMINAL, CIVIL, AND ADMINISTRATIVE AC-
TIONS. 
Paragraph (2) of section 706(a) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1881e(a)) is 
amended to read as follows: 
‘‘(2) LIMITATION ON USE IN CRIMINAL, CIVIL, 
AND
ADMINISTRATIVE
PROCEEDINGS
AND
INVES-
TIGATIONS.—No information acquired pursuant to 
section 702(f) of or about a United States person or 
person reasonably believed to be located in the 
United States at the time of acquisition or commu-
nication may be introduced as evidence against such 
person in any criminal, civil, or administrative pro-
ceeding or used as part of any criminal, civil, or ad-
ministrative investigation, except— 
‘‘(A) with the prior approval of the Attor-
ney General; and 
‘‘(B) in a proceeding or investigation in 
which the information is directly related to and 
necessary to address a specific threat of— 
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‘‘(i) the commission of a Federal 
crime of terrorism under any of clauses (i) 
through (iii) of section 2332b(g)(5)(B) of 
title 18, United States Code; 
‘‘(ii) actions necessitating counter-
intelligence (as defined in section 3 of the 
National Security Act of 1947 (50 U.S.C. 
3003)); 
‘‘(iii) the proliferation or the use of a 
weapon of mass destruction (as defined in 
section 2332a(c) of title 18, United States 
Code); 
‘‘(iv) a cybersecurity breach or attack 
from a foreign country; 
‘‘(v) incapacitation or destruction of 
critical infrastructure (as defined in section 
1016(e) of the Uniting and Strengthening 
America by Providing Appropriate Tools 
Required to Intercept and Obstruct Ter-
rorism (USA PATRIOT ACT) Act of 2001 
(42 U.S.C. 5195c(e))); 
‘‘(vi) an attack against the armed 
forces of the United States or an ally of 
the United States or to other personnel of 
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the United States Government or a govern-
ment of an ally of the United States; or 
‘‘(vii) international narcotics traf-
ficking.’’. 
SEC. 4. REPEAL OF AUTHORITY FOR THE RESUMPTION OF 
ABOUTS COLLECTION. 
(a) IN GENERAL.—Section 702(b)(5) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1881a(b)(5)) is amended by striking ‘‘, except as provided 
under section 103(b) of the FISA Amendments Reauthor-
ization Act of 2017’’. 
(b) CONFORMING AMENDMENTS.— 
(1) FOREIGN
INTELLIGENCE
SURVEILLANCE 
ACT OF 1978.—Section 702(m) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1881a(m)) is amended— 
(A) in the subsection heading, by striking 
‘‘REVIEWS, AND REPORTING’’ and inserting 
‘‘AND REVIEWS’’; and 
(B) by striking paragraph (4). 
(2) FISA AMENDMENTS REAUTHORIZATION ACT 
OF 2017.—Section 103 of the FISA Amendments Re-
authorization Act of 2017 (Public Law 115–118; 50 
U.S.C. 1881a note) is amended— 
(A) by striking subsection (b); and 
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(B) by striking ‘‘(a) IN GENERAL.—’’. 
SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT 
REFORM. 
(a) REQUIREMENT FOR SAME JUDGE TO HEAR RE-
NEWAL APPLICATIONS.—Section 103(a)(1) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(a)(1)) is amended by adding at the end the fol-
lowing: ‘‘To the extent practicable, no judge designated 
under this subsection shall hear a renewal application for 
electronic surveillance under this Act, which application 
was previously granted by another judge designated under 
this subsection, unless the term of the judge who granted 
the application has expired, or that judge is otherwise no 
longer serving on the court.’’. 
(b) USE
OF AMICI CURIAE
IN FOREIGN INTEL-
LIGENCE SURVEILLANCE COURT PROCEEDINGS.— 
(1) EXPANSION
OF
APPOINTMENT
AUTHOR-
ITY.— 
(A) IN GENERAL.—Section 103(i)(2) of the 
Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(i)(2)) is amended— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) shall, unless the court issues a find-
ing that appointment is not appropriate, ap-
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point 1 or more individuals who have been des-
ignated under paragraph (1), not fewer than 1 
of whom possesses privacy and civil liberties ex-
pertise, unless the court finds that such a quali-
fication is inappropriate, to serve as amicus cu-
riae to assist the court in the consideration of 
any application or motion for an order or review 
that, in the opinion of the court— 
‘‘(i) presents a novel or significant in-
terpretation of the law; 
‘‘(ii) presents significant concerns 
with respect to the activities of a United 
States person that are protected by the 
first amendment to the Constitution of the 
United States; 
‘‘(iii) presents or involves a sensitive 
investigative matter; 
‘‘(iv) presents a request for approval 
of a new program, a new technology, or a 
new use of existing technology; 
‘‘(v) presents a request for reauthor-
ization of programmatic surveillance; 
‘‘(vi) otherwise presents novel or sig-
nificant civil liberties issues; or 
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‘‘(vii) otherwise involves the activities 
of a United States person; and’’; and 
(ii) in subparagraph (B), by striking 
‘‘an individual or organization’’ each place 
the term appears and inserting ‘‘1 or more 
individuals or organizations’’. 
(B) DEFINITION OF SENSITIVE INVESTIGA-
TIVE MATTER.—Section 103(i) of the Foreign 
Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803(i)) is amended by adding at the 
end the following: 
‘‘(12) DEFINITION.—In this subsection, the 
term ‘sensitive investigative matter’ means— 
‘‘(A) an investigative matter involving the 
activities of— 
‘‘(i) a domestic public official or polit-
ical candidate, or an individual serving on 
the staff of such an official or candidate; 
‘‘(ii) a domestic religious or political 
organization, or a known or suspected 
United States person prominent in such an 
organization; or 
‘‘(iii) the domestic news media; or 
‘‘(B) any other investigative matter involv-
ing a domestic entity or a known or suspected 
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United States person that, in the judgment of 
the applicable court established under sub-
section (a) or (b), is as sensitive as an inves-
tigative matter described in subparagraph 
(A).’’. 
(2) AUTHORITY
TO
SEEK
REVIEW.—Section 
103(i) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1803(i)), as amended by subsection 
(a) of this section, is amended— 
(A) in paragraph (4)— 
(i) in the paragraph heading, by in-
serting ‘‘; AUTHORITY’’ after ‘‘DUTIES’’; 
(ii) by redesignating subparagraphs 
(A), (B), and (C) as clauses (i), (ii), and 
(iii), respectively, and adjusting the mar-
gins accordingly; 
(iii) in the matter preceding clause (i), 
as so redesignated, by striking ‘‘the amicus 
curiae shall’’ and inserting the following: 
‘‘the amicus curiae— 
‘‘(A) shall’’; 
(iv) in subparagraph (A)(i), as so re-
designated, by inserting before the semi-
colon at the end the following: ‘‘, including 
legal arguments regarding any privacy or 
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civil liberties interest of any United States 
person that would be significantly im-
pacted by the application or motion’’; and 
(v) by striking the period at the end 
and inserting the following: ‘‘; and 
‘‘(B) may seek leave to raise any novel or 
significant privacy or civil liberties issue rel-
evant to the application or motion or other 
issue directly impacting the legality of the pro-
posed electronic surveillance with the court, re-
gardless of whether the court has requested as-
sistance on that issue.’’; 
(B) 
by 
redesignating 
paragraphs 
(7) 
through (12) as paragraphs (8) through (13), 
respectively; and 
(C) by inserting after paragraph (6) the 
following: 
‘‘(7) AUTHORITY TO SEEK REVIEW OF DECI-
SIONS.— 
‘‘(A) FISA COURT DECISIONS.— 
‘‘(i) PETITION.—Following issuance of 
an order under this Act by the Foreign In-
telligence Surveillance Court, an amicus 
curiae appointed under paragraph (2) may 
petition the Foreign Intelligence Surveil-
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lance Court to certify for review to the 
Foreign Intelligence Surveillance Court of 
Review a question of law pursuant to sub-
section (j). 
‘‘(ii) WRITTEN STATEMENT OF REA-
SONS.—If the Foreign Intelligence Surveil-
lance Court denies a petition under this 
subparagraph, the Foreign Intelligence 
Surveillance Court shall provide for the 
record a written statement of the reasons 
for the denial. 
‘‘(iii) APPOINTMENT.—Upon certifi-
cation of any question of law pursuant to 
this subparagraph, the Court of Review 
shall appoint the amicus curiae to assist 
the Court of Review in its consideration of 
the certified question, unless the Court of 
Review issues a finding that such appoint-
ment is not appropriate. 
‘‘(B) FISA 
COURT
OF
REVIEW
DECI-
SIONS.—An amicus curiae appointed under 
paragraph (2) may petition the Foreign Intel-
ligence Surveillance Court of Review to certify 
for review to the Supreme Court of the United 
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States any question of law pursuant to section 
1254(2) of title 28, United States Code. 
‘‘(C) 
DECLASSIFICATION
OF
REFER-
RALS.—For purposes of section 602, a petition 
filed under subparagraph (A) or (B) of this 
paragraph and all of its content shall be consid-
ered a decision, order, or opinion issued by the 
Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Re-
view described in paragraph (2) of section 
602(a).’’. 
(3) ACCESS TO INFORMATION.— 
(A) APPLICATION AND MATERIALS.—Sec-
tion 103(i)(6) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1803(i)(6)) is 
amended by striking subparagraph (A) and in-
serting the following: 
‘‘(A) IN GENERAL.— 
‘‘(i) RIGHT OF AMICUS.—If a court 
established under subsection (a) or (b) ap-
points an amicus curiae under paragraph 
(2), the amicus curiae— 
‘‘(I) shall have access, to the ex-
tent such information is available to 
the Government, to— 
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‘‘(aa) the application, certifi-
cation, 
petition, 
motion, 
and 
other information and supporting 
materials, including any informa-
tion described in section 901, 
submitted to the Foreign Intel-
ligence Surveillance Court in con-
nection with the matter in which 
the amicus curiae has been ap-
pointed, including access to any 
relevant legal precedent (includ-
ing any such precedent that is 
cited by the Government, includ-
ing in such an application); 
‘‘(bb) an unredacted copy of 
each relevant decision made by 
the Foreign Intelligence Surveil-
lance Court or the Foreign Intel-
ligence Surveillance Court of Re-
view in which the court decides a 
question of law, without regard 
to whether the decision is classi-
fied; and 
‘‘(cc) any other information 
or materials that the court deter-
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mines are relevant to the duties 
of the amicus curiae; and 
‘‘(II) may make a submission to 
the court requesting access to any 
other particular materials or informa-
tion (or category of materials or infor-
mation) that the amicus curiae be-
lieves to be relevant to the duties of 
the amicus curiae. 
‘‘(ii) SUPPORTING
DOCUMENTATION 
REGARDING ACCURACY.—The Foreign In-
telligence Surveillance Court, upon the mo-
tion of an amicus curiae appointed under 
paragraph (2) or upon its own motion, 
may require the Government to make 
available the supporting documentation de-
scribed in section 902.’’. 
(B) CLARIFICATION OF ACCESS TO CER-
TAIN INFORMATION.—Section 103(i)(6) of the 
Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(i)(6)) is amended— 
(i) in subparagraph (B), by striking 
‘‘may’’ and inserting ‘‘shall’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
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‘‘(C) CLASSIFIED INFORMATION.—An ami-
cus curiae designated or appointed by the court 
shall have access, to the extent such informa-
tion is available to the Government, to 
unredacted copies of each opinion, order, tran-
script, pleading, or other document of the For-
eign Intelligence Surveillance Court and the 
Foreign Intelligence Surveillance Court of Re-
view, including, if the individual is eligible for 
access to classified information, any classified 
documents, information, and other materials or 
proceedings.’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on the date of enact-
ment of this Act and shall apply with respect to pro-
ceedings under the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) that take place 
on or after, or are pending on, that date. 
SEC. 6. APPLICATION FOR AN ORDER APPROVING ELEC-
TRONIC SURVEILLANCE. 
(a) DISCLOSURE REQUIREMENT.—Section 104(a) of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1804(a)) is amended— 
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(1) in paragraph (6)(E)(ii), by inserting before 
the semicolon at the end ‘‘(and a description of such 
techniques)’’; 
(2) in paragraph (8), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (9), by striking the period at 
the end and inserting a semicolon; and 
(4) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) all information material to the applica-
tion, including any information that tends to 
rebut— 
‘‘(A) any allegation set forth in the appli-
cation; or 
‘‘(B) the existence of probable cause to be-
lieve that— 
‘‘(i) the target of the electronic sur-
veillance is a foreign power or an agent of 
a foreign power; and 
‘‘(ii) each of the facilities or places at 
which the electronic surveillance is directed 
is being used, or is about to be used, by a 
foreign power or an agent of a foreign 
power; and 
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‘‘(11) an affidavit executed by each Federal em-
ployee who contributed to the drafting of the appli-
cation attesting to the accuracy of the application.’’. 
(b) PROHIBITION ON USE OF CERTAIN INFORMA-
TION.—Section 104 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1804) is amended by adding 
at the end the following: 
‘‘(e) The statement of facts and circumstances under 
subsection (a)(3) may only include information obtained 
from the content of a media source or information gath-
ered by a political campaign if— 
‘‘(1) such information is disclosed in the appli-
cation as having been so obtained or gathered; and 
‘‘(2) such information is not the sole source of 
the information used to justify the applicant’s belief 
described in subsection (a)(3).’’. 
(c) LIMITATION ON ISSUANCE OF ORDER.—Section 
105(a) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1805(a)) is amended— 
(1) in paragraph (3), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (4), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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‘‘(5) the statement of facts and circumstances 
under subsection (a)(3) may only include informa-
tion obtained from the content of a media source or 
information gathered by a political campaign if— 
‘‘(A) such information is disclosed in the 
application as having been so obtained or gath-
ered; and 
‘‘(B) such information is not the sole 
source of the information used to justify the ap-
plicant’s belief described in subsection (a)(3).’’. 
SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF 
CERTAIN DOCUMENTS. 
(a) SUBMISSION TO CONGRESS.—Section 601(c)(1) 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1871(c)) is amended by inserting ‘‘, including de-
classified copies that have undergone review under section 
602’’ before ‘‘; and’’. 
(b) TIMELINE FOR DECLASSIFICATION REVIEW.— 
Section 602(a) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1872(a)) is amended— 
(1) by inserting after ‘‘shall conduct a declas-
sification review’’ the following: ‘‘, to be concluded 
not later than 45 days after the commencement of 
such review,’’; and 
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(2) by inserting after ‘‘a significant construc-
tion or interpretation of any provision of law’’ the 
following: ‘‘or results in a change of application of 
any provision of this Act or a novel application of 
any provision of this Act’’. 
SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS; ATTENDANCE 
OF CERTAIN CONGRESSIONAL OFFICIALS AT 
CERTAIN PROCEEDINGS. 
Section 103(c) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1803(c)) is amended— 
(1) by striking ‘‘Proceedings under this Act’’ 
and inserting the following: ‘‘(1) Proceedings under 
this Act’’; 
(2) by striking ‘‘including applications made 
and orders granted’’ and inserting ‘‘including appli-
cations made, orders granted, and transcriptions of 
proceedings,’’; and 
(3) by adding at the end: 
‘‘(2) The chair and ranking minority member of each 
of the congressional intelligence committees and of the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate shall be entitled to attend any pro-
ceeding of the Foreign Intelligence Surveillance Court or 
any proceeding of the Foreign Intelligence Surveillance 
Court of Review. Each person entitled to attend a pro-
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ceeding pursuant to this paragraph may designate not 
more than 2 Members of Congress and not more than 2 
staff members of such committee to attend on their behalf, 
pursuant to such procedures as the Attorney General, in 
consultation with the Director of National Intelligence 
may establish. Not later than 45 days after any such pro-
ceeding, a copy of any application made, order granted, 
or transcription of the proceeding shall be made available 
for review to each person who is entitled to attend a pro-
ceeding pursuant to this paragraph or who is designated 
under this paragraph. Terms used in this paragraph have 
the meanings given such terms in section 701(b).’’. 
SEC. 9. ANNUAL AUDIT OF FISA COMPLIANCE BY INSPEC-
TOR GENERAL. 
(a) REPORT REQUIRED.—Title VI of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1871 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 605. ANNUAL AUDIT OF FISA COMPLIANCE BY IN-
SPECTOR GENERAL. 
‘‘Beginning with the first calendar year that begins 
after the effective date of this section, by not later than 
June 30th of that year and each year thereafter, the In-
spector General of the Department of Justice shall con-
duct an audit on alleged violations and failures to comply 
with the requirements of this Act and any procedures es-
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tablished pursuant to this Act, and submit a report there-
on to the congressional intelligence committees and the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended by adding at the end 
the following: 
‘‘605. Annual audit of FISA compliance by Inspector General.’’. 
SEC. 10. REPORTING ON ACCURACY AND COMPLETENESS 
OF APPLICATIONS. 
Section 603 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1873) is amended— 
(1) in subsection (a)(1)— 
(A) by redesignating subparagraphs (B) 
through (F) as subparagraphs (C) through (G) 
respectively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) an analysis of the accuracy and com-
pleteness of such applications and certifications 
submitted;’’; and 
(2) in subsection (a)(2), by striking ‘‘subpara-
graph (F)’’ and inserting ‘‘subparagraph (G)’’. 
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SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF IN-
VESTIGATION. 
(a) REPORT REQUIRED.—Title VI of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1871 et 
seq.), as amended by this Act, is further amended by add-
ing at the end the following: 
‘‘SEC. 606. ANNUAL REPORT OF THE FEDERAL BUREAU OF 
INVESTIGATION. 
‘‘Not later than 1 year after the date of enactment 
of this section, and annually thereafter, the Director of 
the Federal Bureau of Investigation shall submit to the 
congressional intelligence committees and the Committees 
on the Judiciary of the House of Representatives and of 
the Senate— 
‘‘(1) a report on disciplinary activities taken by 
the Director to address violations of the require-
ments of law or the procedures established under 
this Act, including a comprehensive account of dis-
ciplinary investigations, including— 
‘‘(A) all such investigations ongoing as of 
the date the report is submitted; 
‘‘(B) the adjudications of such investiga-
tions when concluded; and 
‘‘(C) disciplinary actions taken as a result 
of such adjudications; and 
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‘‘(2) a report on the conduct of queries con-
ducted under section 702 for the preceding year 
using a United States person query term, includ-
ing— 
‘‘(A) the number of such queries con-
ducted; 
‘‘(B) what terms were used; 
‘‘(C) the number of warrants issued and 
denied under section 702(f)(1); and 
‘‘(D) the number of times exceptions were 
alleged under 702(f)(2).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), as amended by this Act, is further 
amended by adding at the end the following: 
‘‘606. Annual report of the Federal Bureau of Investigation.’’. 
SEC. 12. EXTENSION OF TITLE VII OF FISA; EXPIRATION OF 
FISA AUTHORITIES; EFFECTIVE DATES. 
(a) EFFECTIVE DATES.—Section 403(b) of the FISA 
Amendments Act of 2008 (Public Law 110–261; 122 Stat. 
2474) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘December 31, 2023’’ and 
inserting ‘‘December 31, 2026’’; and 
(B) by striking ‘‘, as amended by section 
101 and by the FISA Amendments Reauthor-
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ization Act of 2017,’’ and inserting ‘‘, as most 
recently amended,’’; and 
(2) in paragraph (2) in the matter preceding 
subparagraph (A), by striking ‘‘December 31, 2023’’ 
and inserting ‘‘December 31, 2026’’. 
(b) CONFORMING AMENDMENTS.—Section 404(b) of 
the FISA Amendments Act of 2008 (Public Law 110–261; 
122 Stat. 2476), is amended— 
(1) in paragraph (1)— 
(A) in the heading, by striking ‘‘DECEM-
BER 31, 2023’’ and inserting ‘‘DECEMBER 31, 
2026’’; and 
(B) by striking ‘‘, as amended by section 
101(a) and by the FISA Amendments Reau-
thorization Act of 2017,’’ and inserting ‘‘, as 
most recently amended,’’; 
(2) in paragraph (2), by striking ‘‘, as amended 
by section 101(a) and by the FISA Amendments Re-
authorization Act of 2017,’’ and inserting ‘‘, as most 
recently amended,’’; and 
(3) in paragraph (4)— 
(A) by striking ‘‘, as added by section 
101(a) and amended by the FISA Amendments 
Reauthorization Act of 2017,’’ both places it 
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appears and inserting ‘‘, as added by section 
101(a) and as most recently amended,’’; and 
(B) by striking ‘‘, as amended by section 
101(a) and by the FISA Amendments Reau-
thorization Act of 2017,’’ and inserting ‘‘, as 
most recently amended,’’ both places it appears. 
SEC. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA. 
(a) IN GENERAL.—Section 109 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1809) is 
amended as follows: 
(1) ADDITIONAL
OFFENSES.—In subsection 
(a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘intentionally’’; 
(B) in paragraph (1)— 
(i) by inserting ‘‘intentionally’’ before 
‘‘engages in’’; and 
(ii) by striking ‘‘or’’ at the end; 
(C) in paragraph (2)— 
(i) by inserting ‘‘intentionally’’ before 
‘‘discloses or uses’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(D) by adding at the end the following: . 
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‘‘(3) knowingly submits any document to or 
makes any false statement before the Foreign Intel-
ligence Surveillance Court or the Foreign Intel-
ligence Surveillance Court of Review, knowing such 
document or statement to contain— 
‘‘(A) a false material declaration; or 
‘‘(B) a material omission; or 
‘‘(4) knowingly discloses the existence of an ap-
plication for an order authorizing surveillance under 
this title, or any information contained therein, to 
any person not authorized to receive such informa-
tion.’’. 
(2) ENHANCED PENALTIES.—In subsection (c), 
is amended to read as follows: 
‘‘(c) PENALTIES.—In the case of an offense under 
any of paragraphs (1) through (4) of subsection (a), the 
offense is punishable by a fine of not more than $10,000 
or imprisonment for not more than 8 years, or both.’’. 
(b) RULE OF CONSTRUCTION.—This Act and the 
amendments made by this Act may not be construed to 
interfere with the enforcement of section 798 of title 18, 
United States Code, or any other provision of law regard-
ing the unlawful disclosure of classified information. 
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Surveillance Court of Review (as such terms are defined 
in section 601(e) of the Foreign Intelligence Surveillance 
Act of 1978) shall jointly submit to Congress a report on 
the exercise of authority under chapter 21 of title 18, 
United States Code, by such courts during the previous 
year. 
SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS. 
(a) INCREASED PENALTIES.—Section 110(a) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1810(a)) is amended to read as follows: 
‘‘(a) actual damages, but not less than liq-
uidated damages equal to the greater of— 
‘‘(1) if the aggrieved person is a United 
States person, $10,000 or $1,000 per day for 
each day of violation; or 
‘‘(2) for any other aggrieved person, 
$1,000 or $100 per day for each day of viola-
tion;’’. 
(b) REPORTING REQUIREMENT.—Title I of the For-
eign Intelligence Surveillance Act of 1978 is amended by 
inserting after section 110 the following: 
‘‘SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL AC-
TIONS. 
‘‘(a) REPORT TO CONGRESS.—If a court finds that 
a person has violated this Act in a civil action under sec-
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tion 110, the head of the agency that employs that person 
shall report to Congress on the administrative action 
taken against that person pursuant to section 607 or any 
other provision of law. 
‘‘(b) FISC.—If a court finds that a person has vio-
lated this Act in a civil action under section 110, the head 
of the agency that employs that person shall report the 
name of such person to the Foreign Intelligence Surveil-
lance Court. The Foreign Intelligence Surveillance Court 
shall maintain a list of each person about whom it received 
a report under this subsection.’’. 
SEC. 16. ACCOUNTABILITY PROCEDURES FOR INCIDENTS 
RELATING TO QUERIES CONDUCTED BY THE 
FEDERAL BUREAU OF INVESTIGATION. 
(a) IN GENERAL.—Title VII of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 709. ACCOUNTABILITY PROCEDURES FOR INCIDENTS 
RELATING TO QUERIES CONDUCTED BY THE 
FEDERAL BUREAU OF INVESTIGATION. 
‘‘(a) IN GENERAL.—The Director of the Federal Bu-
reau of Investigation shall establish procedures to hold 
employees of the Federal Bureau of Investigation account-
able for violations of law, guidance, and procedure gov-
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erning queries of information acquired pursuant to section 
702. 
‘‘(b) ELEMENTS.—The procedures established under 
subsection (a) shall include the following: 
‘‘(1) Centralized tracking of individual employee 
performance incidents involving negligent violations 
of law, guidance, and procedure described in sub-
section (a), over time. 
‘‘(2) Escalating consequences for such inci-
dents, including— 
‘‘(A) consequences for initial incidents, in-
cluding, at a minimum— 
‘‘(i) suspension of access to informa-
tion acquired under this Act; and 
‘‘(ii) documentation of the incident in 
the personnel file of each employee respon-
sible for the violation; and 
‘‘(B) consequences for subsequent inci-
dents, including, at a minimum— 
‘‘(i) possible indefinite suspension of 
access to information acquired under this 
Act; 
‘‘(ii) reassignment of each employee 
responsible for the violation; and 
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‘‘(iii) referral of the incident to the 
Inspection Division of the Federal Bureau 
of Investigation for review of potentially 
reckless conduct. 
‘‘(3) Clarification of requirements for referring 
intentional misconduct and reckless conduct to the 
Inspection Division of the Federal Bureau of Inves-
tigation for investigation and disciplinary action by 
the Office of Professional Responsibility of the Fed-
eral Bureau of Investigation.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for such Act is amended by inserting after the item relat-
ing to section 708 the following: 
‘‘709. Accountability procedures for incidents relating to queries conducted by 
the Federal Bureau of Investigation.’’. 
(c) REPORT REQUIRED.— 
(1) INITIAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Di-
rector of the Federal Bureau of Investigation shall 
submit to the Committees on the Judiciary of the 
House of Representatives and of the Senate and to 
the congressional intelligence committees (as such 
term is defined in section 801 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1885)) 
a report detailing the procedures established under 
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section 709 of the Foreign Intelligence Surveillance 
Act of 1978, as added by subsection (a). 
(2) ANNUAL REPORT.—Not later than 1 year 
after the date of enactment of this Act, and annually 
thereafter, the Federal Bureau of Investigation shall 
submit to the Committees on the Judiciary of the 
House of Representatives and of the Senate and to 
the congressional intelligence committees (as such 
term is defined in section 801 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1885)) 
a report on any disciplinary actions taken pursuant 
to the procedures established under section 709 of 
the Foreign Intelligence Surveillance Act of 1978, as 
added by subsection (a), including a description of 
the circumstances surrounding each such discipli-
nary action, and the results of each such disciplinary 
action. 
(3) FORM.—The reports required under para-
graphs (1) and (2) shall be submitted in unclassified 
form, but may include a classified annex to the ex-
tent necessary to protect sources and methods. 
SEC. 17. AGENCY PROCEDURES TO ENSURE COMPLIANCE. 
(a) AGENCY PROCEDURES TO ENSURE COMPLI-
ANCE.—Title VI of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1871 et seq.), as amended by this 
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Act, is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 607. AGENCY PROCEDURES TO ENSURE COMPLI-
ANCE. 
‘‘The head of each Federal department or agency au-
thorized to acquire foreign intelligence information under 
this Act shall establish procedures— 
‘‘(1) setting forth clear rules on what con-
stitutes a violation of this Act by an officer or em-
ployee of that department or agency; and 
‘‘(2) for taking appropriate adverse personnel 
action against any officer or employee of the depart-
ment or agency who engages in such a violation, in-
cluding more severe adverse actions for any subse-
quent violation.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), as amended by this Act, is further 
amended by adding at the end the following: 
‘‘607. Agency procedures to ensure compliance.’’. 
(c) REPORT.—Not later than 3 months after the date 
of enactment of this Act, the head of each Federal depart-
ment or agency that is required to establish procedures 
under section 607 of the Foreign Intelligence Surveillance 
Act of 1978 shall report to Congress on such procedures. 
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SEC. 18. PROTECTION OF RECORDS HELD BY DATA BRO-
KERS. 
Section 2702 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(e) PROHIBITION ON OBTAINING IN EXCHANGE FOR 
ANYTHING OF VALUE CERTAIN RECORDS AND INFORMA-
TION BY LAW ENFORCEMENT AND INTELLIGENCE AGEN-
CIES.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘covered customer or sub-
scriber record’ means a covered record that is— 
‘‘(i) disclosed to a third party by— 
‘‘(I) a provider of an electronic 
communication service to the public or 
a provider of a remote computing 
service of which the covered person 
with respect to the covered record is a 
subscriber or customer; or 
‘‘(II) an intermediary service pro-
vider that delivers, stores, or proc-
esses communications of such covered 
person; 
‘‘(ii) collected by a third party from 
an online account of a covered person; or 
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‘‘(iii) collected by a third party from 
or about an electronic device of a covered 
person; 
‘‘(B) the term ‘covered person’ means— 
‘‘(i) a person who is located inside the 
United States; or 
‘‘(ii) a person— 
‘‘(I) who is located outside the 
United States or whose location can-
not be determined; and 
‘‘(II) who is a United States per-
son, as defined in section 101 of the 
Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801); 
‘‘(C) the term ‘covered record’ means a 
record or other information that— 
‘‘(i) pertains to a covered person; and 
‘‘(ii) is— 
‘‘(I) a record or other informa-
tion described in the matter preceding 
paragraph (1) of subsection (c); 
‘‘(II) the contents of a commu-
nication; or 
‘‘(III) location information; 
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‘‘(D) the term ‘electronic device’ has the 
meaning given the term ‘computer’ in section 
1030(e); 
‘‘(E) the term ‘illegitimately obtained in-
formation’ means a covered record that— 
‘‘(i) was obtained— 
‘‘(I) from a provider of an elec-
tronic communication service to the 
public or a provider of a remote com-
puting service in a manner that— 
‘‘(aa) violates the service 
agreement between the provider 
and customers or subscribers of 
the provider; or 
‘‘(bb) is inconsistent with 
the privacy policy of the provider; 
‘‘(II) by deceiving the covered 
person whose covered record was ob-
tained; or 
‘‘(III) through the unauthorized 
accessing of an electronic device or 
online account; or 
‘‘(ii) was— 
‘‘(I) obtained from a provider of 
an electronic communication service to 
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the public, a provider of a remote 
computing service, or an intermediary 
service provider; and 
‘‘(II) 
collected, 
processed, 
or 
shared in violation of a contract relat-
ing to the covered record; 
‘‘(F) the term ‘intelligence community’ has 
the meaning given that term in section 3 of the 
National Security Act of 1947 (50 U.S.C. 
3003); 
‘‘(G) the term ‘location information’ means 
information derived or otherwise calculated 
from the transmission or reception of a radio 
signal that reveals the approximate or actual 
geographic location of a customer, subscriber, 
or device; 
‘‘(H) the term ‘obtain in exchange for any-
thing of value’ means to obtain by purchasing, 
to receive in connection with services being pro-
vided for consideration, or to otherwise obtain 
in exchange for consideration, including an ac-
cess fee, service fee, maintenance fee, or licens-
ing fee; 
‘‘(I) the term ‘online account’ means an 
online account with an electronic communica-
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tion service to the public or remote computing 
service; 
‘‘(J) the term ‘pertain’, with respect to a 
person, means— 
‘‘(i) information that is linked to the 
identity of a person; or 
‘‘(ii) information— 
‘‘(I) that has been anonymized to 
remove links to the identity of a per-
son; and 
‘‘(II) that, if combined with other 
information, could be used to identify 
a person; and 
‘‘(K) the term ‘third party’ means a person 
who— 
‘‘(i) is not a governmental entity; and 
‘‘(ii) in connection with the collection, 
disclosure, obtaining, processing, or shar-
ing of the covered record at issue, was not 
acting as— 
‘‘(I) a provider of an electronic 
communication service to the public; 
or 
‘‘(II) a provider of a remote com-
puting service. 
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‘‘(2) LIMITATION.— 
‘‘(A) IN
GENERAL.—A law enforcement 
agency of a governmental entity and an element 
of the intelligence community may not obtain 
from a third party in exchange for anything of 
value a covered customer or subscriber record 
or any illegitimately obtained information. 
‘‘(B) INDIRECTLY
ACQUIRED
RECORDS 
AND INFORMATION.—The limitation under sub-
paragraph (A) shall apply without regard to 
whether the third party possessing the covered 
customer or subscriber record or illegitimately 
obtained information is the third party that ini-
tially obtained or collected, or is the third party 
that initially received the disclosure of, the cov-
ered customer or subscriber record or illegit-
imately obtained information. 
‘‘(3) LIMIT
ON
SHARING
BETWEEN
AGEN-
CIES.—An agency of a governmental entity that is 
not a law enforcement agency or an element of the 
intelligence community may not provide to a law en-
forcement agency of a governmental entity or an ele-
ment of the intelligence community a covered cus-
tomer or subscriber record or illegitimately obtained 
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information that was obtained from a third party in 
exchange for anything of value. 
‘‘(4) PROHIBITION ON USE AS EVIDENCE.—A 
covered customer or subscriber record or illegit-
imately obtained information obtained by or pro-
vided to a law enforcement agency of a governmental 
entity or an element of the intelligence community in 
violation of paragraph (2) or (3), and any evidence 
derived therefrom, may not be received in evidence 
in any trial, hearing, or other proceeding in or be-
fore any court, grand jury, department, officer, 
agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or a 
political subdivision thereof. 
‘‘(5) MINIMIZATION PROCEDURES.— 
‘‘(A) IN GENERAL.—The Attorney General 
shall adopt specific procedures that are reason-
ably designed to minimize the acquisition and 
retention, and prohibit the dissemination, of in-
formation pertaining to a covered person that is 
acquired in violation of paragraph (2) or (3). 
‘‘(B) USE BY AGENCIES.—If a law enforce-
ment agency of a governmental entity or ele-
ment of the intelligence community acquires in-
formation pertaining to a covered person in vio-
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lation of paragraph (2) or (3), the law enforce-
ment agency of a governmental entity or ele-
ment of the intelligence community shall mini-
mize the acquisition and retention, and prohibit 
the dissemination, of the information in accord-
ance with the procedures adopted under sub-
paragraph (A).’’. 
SEC. 19. REQUIRED DISCLOSURE. 
Section 2703 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(i) COVERED CUSTOMER OR SUBSCRIBER RECORDS 
AND ILLEGITIMATELY OBTAINED INFORMATION.— 
‘‘(1) DEFINITIONS.—In this subsection, the 
terms ‘covered customer or subscriber record’, ‘ille-
gitimately obtained information’, and ‘third party’ 
have the meanings given such terms in section 
2702(e). 
‘‘(2) LIMITATION.—Unless a governmental enti-
ty obtains an order in accordance with paragraph 
(3), the governmental entity may not require a third 
party to disclose a covered customer or subscriber 
record or any illegitimately obtained information if a 
court order would be required for the governmental 
entity to require a provider of remote computing 
service or a provider of electronic communication 
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service to the public to disclose such a covered cus-
tomer or subscriber record or illegitimately obtained 
information that is a record of a customer or sub-
scriber of the provider. 
‘‘(3) ORDERS.— 
‘‘(A) IN
GENERAL.—A court may only 
issue an order requiring a third party to dis-
close a covered customer or subscriber record or 
any illegitimately obtained information on the 
same basis and subject to the same limitations 
as would apply to a court order to require dis-
closure by a provider of remote computing serv-
ice or a provider of electronic communication 
service to the public of a record of a customer 
or subscriber of the provider. 
‘‘(B) STANDARD.—For purposes of sub-
paragraph (A), a court shall apply the most 
stringent standard under Federal statute or the 
Constitution of the United States that would be 
applicable to a request for a court order to re-
quire a comparable disclosure by a provider of 
remote computing service or a provider of elec-
tronic communication service to the public of a 
record of a customer or subscriber of the pro-
vider.’’. 
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SEC. 20. INTERMEDIARY SERVICE PROVIDERS. 
(a) DEFINITION.—Section 2711 of title 18, United 
States Code, is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) the term ‘intermediary service provider’ 
means an entity or facilities owner or operator that 
directly or indirectly delivers, stores, or processes 
communications for or on behalf of a provider of 
electronic communication service to the public or a 
provider of remote computing service.’’. 
(b) PROHIBITION.—Section 2702(a) of title 18, 
United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(4) an intermediary service provider shall not 
knowingly divulge— 
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‘‘(A) to any person or entity the contents 
of a communication while in electronic storage 
by that provider; or 
‘‘(B) to any governmental entity a record 
or other information pertaining to a subscriber 
to or customer of, a recipient of a communica-
tion from a subscriber to or customer of, or the 
sender of a communication to a subscriber to or 
customer of, the provider of electronic commu-
nication service to the public or the provider of 
remote computing service for, or on behalf of, 
which the intermediary service provider directly 
or indirectly delivers, transmits, stores, or proc-
esses communications.’’. 
SEC. 21. LIMITS ON SURVEILLANCE CONDUCTED FOR FOR-
EIGN 
INTELLIGENCE 
PURPOSES 
OTHER 
THAN UNDER THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978. 
(a) IN GENERAL.—Section 2511(2)(f) of title 18, 
United States Code, is amended to read as follows: 
‘‘(f)(i)(A) Nothing contained in this chapter, chapter 
121 or 206 of this title, or section 705 of the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.) shall be deemed 
to affect an acquisition or activity described in clause (B) 
that is carried out utilizing a means other than electronic 
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surveillance, as defined in section 101 of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1801). 
‘‘(B) An acquisition or activity described in this 
clause is— 
‘‘(I) an acquisition by the United States Gov-
ernment of foreign intelligence information from 
international or foreign communications that— 
‘‘(aa) is acquired pursuant to express stat-
utory authority; or 
‘‘(bb) only includes information of persons 
who are not United States persons and are lo-
cated outside the United States; or 
‘‘(II) a foreign intelligence activity involving a 
foreign electronic communications system that— 
‘‘(aa) is conducted pursuant to express 
statutory authority; or 
‘‘(bb) only involves the acquisition by the 
United States Government of information of 
persons who are not United States persons and 
are located outside the United States. 
‘‘(ii) The procedures in this chapter, chapter 121, 
and the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) shall be the exclusive means by which 
electronic surveillance, as defined in section 101 of such 
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Act, and the interception of domestic wire, oral, and elec-
tronic communications may be conducted.’’. 
(b) EXCLUSIVE MEANS RELATED TO COMMUNICA-
TIONS RECORDS.—The Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive 
means by which electronic communications transactions 
records, call detail records, or other information from com-
munications of United States persons or persons inside the 
United States are acquired for foreign intelligence pur-
poses inside the United States or from a person or entity 
located in the United States that provides telecommuni-
cations, electronic communication, or remote computing 
services. 
(c) EXCLUSIVE MEANS RELATED TO LOCATION IN-
FORMATION, WEB BROWSING HISTORY, AND INTERNET 
SEARCH HISTORY.— 
(1) DEFINITION.—In this subsection, the term 
‘‘location information’’ has the meaning given that 
term in subsection (e) of section 2702 of title 18, 
United States Code, as added by section 2 of this 
Act. 
(2) EXCLUSIVE MEANS.—Title I and sections 
303, 304, 703, 704, and 705 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the 
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exclusive means by which location information, web 
browsing history, and internet search history of 
United States persons or persons inside the United 
States are acquired for foreign intelligence purposes 
inside the United States or from a person or entity 
located in the United States. 
(d) EXCLUSIVE
MEANS
RELATED
TO
FOURTH 
AMENDMENT-PROTECTED INFORMATION.—Title I and 
sections 303, 304, 703, 704, and 705 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 
1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive 
means by which any information, records, data, or tangible 
things are acquired for foreign intelligence purposes from 
a person or entity located in the United States if the com-
pelled production of such information, records, data, or 
tangible things would require a warrant for law enforce-
ment purposes. 
(e) DEFINITION.—In this section, the term ‘‘United 
States person’’ has the meaning given that term in section 
101 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801). 
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SEC. 22. LIMIT ON CIVIL IMMUNITY FOR PROVIDING INFOR-
MATION, FACILITIES, OR TECHNICAL ASSIST-
ANCE 
TO 
THE 
GOVERNMENT 
ABSENT 
A 
COURT ORDER. 
Section 2511(2)(a) of title 18, United States Code, 
is amended— 
(1) in subparagraph (ii), by striking clause (B) 
and inserting the following: 
‘‘(B) a certification in writing— 
‘‘(I) by a person specified in section 
2518(7) or the Attorney General of the United 
States; 
‘‘(II) that the requirements for an emer-
gency authorization to intercept a wire, oral, or 
electronic communication under section 2518(7) 
have been met; and 
‘‘(III) that the specified assistance is re-
quired,’’; and 
(2) by striking subparagraph (iii) and inserting 
the following: 
‘‘(iii) For assistance provided pursuant to a certifi-
cation under subparagraph (ii)(B), the limitation on 
causes of action under the last sentence of the matter fol-
lowing subparagraph (ii)(B) shall only apply to the extent 
that the assistance ceased at the earliest of the time the 
application for a court order was denied, the time the com-
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munication sought was obtained, or 48 hours after the 
interception began.’’. 
Æ 
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