In the Senate of the United States, 
May 14, 2020. 
Resolved, That the bill from the House of Representa-
tives (H.R. 6172) entitled ‘‘An Act to amend the Foreign In-
telligence Surveillance Act of 1978 to prohibit the production 
of certain business records, and for other purposes.’’, do pass 
with the following 
AMENDMENTS: 
Ω1æ In subsection (a)(2)(B) of section 602 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1872), 
as added by section 301(b)(3), insert after ‘‘section 
103(i)’’ the following: , a proceeding in the Foreign Intel-
ligence Court of Review resulting from the petition of an 
amicus curiae under section 103(i)(7), or a proceeding in 
which an amicus curiae could have been appointed pursu-
ant to section 103(i)(2)(A). 
Ω2æ In section 302, strike subsections (a) and (b) and in-
sert the following:
† HR 6172 EAS 
(a) EXPANSION OF APPOINTMENT AUTHORITY.— 
(1) IN GENERAL.—Section 103(i)(2) (50 U.S.C. 
1803(i)(2)) is amended— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) shall appoint one or more individuals 
who have been designated under paragraph (1), 
not less than one of whom possesses privacy and 
civil liberties expertise, unless the court finds 
that such a qualification is inappropriate, to 
serve as amicus curiae 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, unless the court 
issues a finding that such appointment is 
not appropriate; 
‘‘(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, unless the court issues a 
finding that such appointment is not ap-
propriate;
† HR 6172 EAS 
‘‘(iii) presents or involves a sensitive 
investigative matter, unless the court issues 
a finding that such appointment is not ap-
propriate; 
‘‘(iv) presents a request for approval of 
a new program, a new technology, or a new 
use of existing technology, unless the court 
issues a finding that such appointment is 
not appropriate; 
‘‘(v) presents a request for reauthoriza-
tion of programmatic surveillance, unless 
the court issues a finding that such ap-
pointment is not appropriate; or 
‘‘(vi) otherwise presents novel or sig-
nificant civil liberties issues, unless the 
court issues a finding that such appoint-
ment is not appropriate; and’’; and 
(B) in subparagraph (B), by striking ‘‘an 
individual or organization’’ each place the term 
appears and inserting ‘‘one or more individuals 
or organizations’’. 
(2) DEFINITION
OF
SENSITIVE
INVESTIGATIVE 
MATTER.—Subsection (i) of section 103 (50 U.S.C. 
1803) is amended by adding at the end the following:
† HR 6172 EAS 
‘‘(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 
United States person that, in the judgment of the 
applicable court established under subsection (a) 
or (b), is as sensitive as an investigative matter 
described in subparagraph (A).’’. 
(b) AUTHORITY TO SEEK REVIEW.—Subsection (i) of 
section 103 (50 U.S.C. 1803), as amended by subsection (a) 
of this section, is amended— 
(1) in paragraph (4)— 
(A) in the paragraph heading, by inserting 
‘‘; AUTHORITY’’ after ‘‘DUTIES’’;
† HR 6172 EAS 
(B) by redesignating subparagraphs (A), 
(B), and (C) as clauses (i), (ii), and (iii), respec-
tively, and adjusting the margins accordingly; 
(C) in the matter preceding clause (i), as so 
designated, by striking ‘‘the amicus curiae shall’’ 
and inserting the following: ‘‘the amicus cu-
riae— 
‘‘(A) shall’’; 
(D) in subparagraph (A)(i), as so des-
ignated, by inserting before the semicolon at the 
end the following: ‘‘, including legal arguments 
regarding any privacy or civil liberties interest 
of any United States person that would be sig-
nificantly impacted by the application or mo-
tion’’; and 
(E) 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 proposed 
electronic surveillance with the court, regardless 
of whether the court has requested assistance on 
that issue.’’;
† HR 6172 EAS 
(2) by redesignating paragraphs (7) through (12) 
as paragraphs (8) through (13), respectively; and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) AUTHORITY
TO
SEEK
REVIEW
OF
DECI-
SIONS.— 
‘‘(A) FISA COURT DECISIONS.—Following 
issuance of an order under this Act by the For-
eign Intelligence Surveillance Court, an amicus 
curiae appointed under paragraph (2) may peti-
tion the Foreign Intelligence Surveillance Court 
to certify for review to the Foreign Intelligence 
Surveillance Court of Review a question of law 
pursuant to subsection (j). If the court denies 
such petition, the court shall provide for the 
record a written statement of the reasons for such 
denial. Upon certification of any question of law 
pursuant to this subparagraph, the Court of Re-
view 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 appointment is not 
appropriate. 
‘‘(B) FISA COURT OF REVIEW DECISIONS.— 
An amicus curiae appointed under paragraph
† HR 6172 EAS 
(2) may petition the Foreign Intelligence Sur-
veillance Court of Review to certify for review to 
the Supreme Court of the United States any 
question of law pursuant to section 1254(2) of 
title 28, United States Code. 
‘‘(C) DECLASSIFICATION OF REFERRALS.— 
For purposes of section 602, a petition filed 
under subparagraph (A) or (B) of this para-
graph and all of its content shall be considered 
a decision, order, or opinion issued by the For-
eign Intelligence Surveillance Court or the For-
eign Intelligence Surveillance Court of Review 
described in paragraph (2) of section 602(a).’’. 
Ω3æ In section 302(c), redesignate paragraph (2) as para-
graph (3). 
Ω4æ In section 302(c), strike paragraph (1) and insert the 
following: 
(1) APPLICATION
AND
MATERIALS.—Subpara-
graph (A) of section 103(i)(6) (50 U.S.C. 1803(i)(6)) 
is amended to read as follows: 
‘‘(A) IN GENERAL.— 
‘‘(i) RIGHT OF AMICUS.—If a court es-
tablished under subsection (a) or (b) ap-
† HR 6172 EAS 
points an amicus curiae under paragraph 
(2), the amicus curiae— 
‘‘(I) shall have access to, to the ex-
tent such information is available to 
the Government— 
‘‘(aa) the application, certifi-
cation, petition, motion, and other 
information and supporting mate-
rials, including any information 
described in section 901, sub-
mitted to the Foreign Intelligence 
Surveillance Court in connection 
with the matter in which the ami-
cus curiae has been appointed, in-
cluding access to any relevant 
legal precedent (including any 
such precedent that is cited by the 
Government, including 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
† HR 6172 EAS 
question of law, without regard to 
whether the decision is classified; 
and 
‘‘(cc) any other information 
or materials that the court deter-
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 information 
(or category of materials or informa-
tion) that the amicus curiae believes to 
be relevant to the duties of the amicus 
curiae. 
‘‘(ii) 
SUPPORTING
DOCUMENTATION 
REGARDING ACCURACY.—The Foreign Intel-
ligence Surveillance Court, upon the motion 
of an amicus curiae appointed under para-
graph (2) or upon its own motion, may re-
quire the Government to make available the 
supporting documentation described in sec-
tion 902.’’. 
(2) CLARIFICATION OF ACCESS TO CERTAIN IN-
FORMATION.—Such section is further amended—
† HR 6172 EAS 
(A) in subparagraph (B), by striking 
‘‘may’’ and inserting ‘‘shall’’; and 
(B) by striking subparagraph (C) and in-
serting the following: 
‘‘(C) CLASSIFIED INFORMATION.—An ami-
cus curiae appointed by the court shall have ac-
cess to, to the extent such information is avail-
able to the Government, unredacted copies of 
each opinion, order, transcript, pleading, or 
other document of the Foreign Intelligence Sur-
veillance Court and the Foreign Intelligence Sur-
veillance Court of Review, including, if the indi-
vidual is eligible for access to classified informa-
tion, any classified documents, information, and 
other materials or proceedings.’’. 
Ω5æ Redesignate section 207 as section 208. 
Ω6æ Insert after section 206 the following: 
SEC. 207. DISCLOSURE OF RELEVANT INFORMATION; CER-
TIFICATION REGARDING ACCURACY PROCE-
DURES. 
(a) DISCLOSURE OF RELEVANT INFORMATION.— 
(1) IN GENERAL.—The Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by adding at the end the following:
† HR 6172 EAS 
‘‘TITLE IX—DISCLOSURE OF 
RELEVANT INFORMATION 
‘‘SEC. 901. DISCLOSURE OF RELEVANT INFORMATION. 
‘‘The Attorney General or any other Federal officer 
making an application for a court order under this Act 
shall provide the court with— 
‘‘(1) all information in the possession of the Gov-
ernment that is material to determining whether the 
application satisfies the applicable requirements 
under this Act, including any exculpatory informa-
tion; and 
‘‘(2) all information in the possession of the Gov-
ernment that might reasonably— 
‘‘(A) call into question the accuracy of the 
application or the reasonableness of any assess-
ment in the application conducted by the depart-
ment or agency on whose behalf the application 
is made; or 
‘‘(B) otherwise raise doubts with respect to 
the findings that are required to be made under 
the applicable provision of this Act in order for 
the court order to be issued.’’. 
(2) TECHNICAL AMENDMENT.—The table of con-
tents of the Foreign Intelligence Surveillance Act of 
1978 is amended by adding at the end the following:
† HR 6172 EAS 
‘‘TITLE IX—DISCLOSURE OF RELEVANT INFORMATION 
‘‘Sec. 901. Disclosure of relevant information.’’. 
(b) CERTIFICATION REGARDING ACCURACY PROCE-
DURES.— 
(1) IN GENERAL.—Title IX of the Foreign Intel-
ligence Surveillance Act of 1978, as added by sub-
section (a), is amended by adding at the end the fol-
lowing: 
‘‘SEC. 902. CERTIFICATION REGARDING ACCURACY PROCE-
DURES. 
‘‘(a) DEFINITION.—In this section, the term ‘accuracy 
procedures’ means specific procedures, adopted by the Attor-
ney General, to ensure that an application for a court order 
under this Act, including any application for renewal of 
an existing order, is accurate and complete, including pro-
cedures that ensure, at a minimum, that— 
‘‘(1) the application reflects all information that 
might reasonably call into question the accuracy of 
the information or the reasonableness of any assess-
ment in the application, or otherwise raises doubts 
about the requested findings; 
‘‘(2) the application reflects all material infor-
mation that might reasonably call into question the 
reliability and reporting of any information from a 
confidential human source that is used in the appli-
cation;
† HR 6172 EAS 
‘‘(3) a complete file documenting each factual as-
sertion in an application is maintained; 
‘‘(4) the applicant coordinates with the appro-
priate elements of the intelligence community (as de-
fined in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003)), concerning any prior or ex-
isting relationship with the target of any surveillance, 
search, or other means of investigation, and discloses 
any such relationship in the application; 
‘‘(5) before any application targeting a United 
States person is made, the applicant Federal officer 
shall document that the officer has collected and re-
viewed for accuracy and completeness supporting doc-
umentation for each factual assertion in the applica-
tion; and 
‘‘(6) the applicant Federal agency establish com-
pliance and auditing mechanisms on an annual basis 
to assess the efficacy of the accuracy procedures that 
have been adopted and report such findings to the At-
torney General. 
‘‘(b) STATEMENT AND CERTIFICATION OF ACCURACY 
PROCEDURES.—Any Federal officer making an application 
for a court order under this Act shall include with the ap-
plication—
† HR 6172 EAS 
‘‘(1) a description of the accuracy procedures 
employed by the officer or the officer’s designee; and 
‘‘(2) a certification that the officer or the officer’s 
designee has collected and reviewed for accuracy and 
completeness— 
‘‘(A) supporting documentation for each 
factual assertion contained in the application; 
‘‘(B) all information that might reasonably 
call into question the accuracy of the informa-
tion or the reasonableness of any assessment in 
the application, or otherwise raises doubts about 
the requested findings; and 
‘‘(C) all material information that might 
reasonably call into question the reliability and 
reporting of any information from any confiden-
tial human source that is used in the applica-
tion. 
‘‘(c) NECESSARY FINDING FOR COURT ORDERS.—A 
judge may not enter an order under this Act unless the 
judge finds, in addition to any other findings required 
under this Act, that the accuracy procedures described in 
the application for the order, as required under subsection 
(b)(1), are actually accuracy procedures as defined in this 
section.’’.
† HR 6172 EAS 
(2) TECHNICAL AMENDMENT.—The table of con-
tents of the Foreign Intelligence Surveillance Act of 
1978, as amended by subsection (a), is amended by 
inserting after the item relating to section 901 the fol-
lowing: 
‘‘Sec. 902. Certification regarding accuracy procedures.’’. 
Ω7æ In section 208, as so redesignated, strike øsection 
501 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861)¿ and insert: the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) (if appli-
cable) 
Ω8æ At the end, add the following: 
SEC. 409. ANNUAL REPORTING ON ACCURACY AND COM-
PLETENESS OF APPLICATIONS. 
Section 603 (50 U.S.C. 1873) is amended— 
(1) by redesignating subsection (e) as subsection 
(f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) ANNUAL REPORT BY DOJ INSPECTOR GENERAL 
ON ACCURACY AND COMPLETENESS OF APPLICATIONS.— 
‘‘(1) DEFINITION OF APPROPRIATE COMMITTEES 
OF CONGRESS.—In this subsection, the term ‘appro-
priate committees of Congress’ means—
† HR 6172 EAS 
‘‘(A) the Committee on the Judiciary and 
the Select Committee on Intelligence of the Sen-
ate; and 
‘‘(B) the Committee on the Judiciary and 
the Permanent Select Committee on Intelligence 
of the House of Representatives. 
‘‘(2) REPORT.—In April of each year, the In-
spector General of the Department of Justice shall 
submit to the appropriate committees of Congress and 
make public, subject to a declassification review, a re-
port setting forth, with respect to the preceding cal-
endar year, the following: 
‘‘(A) A summary of all accuracy or com-
pleteness reviews of applications submitted to the 
Foreign Intelligence Surveillance Court by the 
Federal Bureau of Investigation. 
‘‘(B) The total number of applications re-
viewed for accuracy or completeness. 
‘‘(C) The total number of material errors or 
omissions identified during such reviews. 
‘‘(D) The total number of nonmaterial er-
rors or omissions identified during such reviews. 
‘‘(E) The total number of instances in 
which facts contained in an application were not 
supported by documentation that existed in the
† HR 6172 EAS 
applicable file being reviewed at the time of the 
accuracy review.’’. 
Attest: 
Secretary.