II 
Calendar No. 440 
116TH CONGRESS 
2D SESSION 
H. R. 6172 
IN THE SENATE OF THE UNITED STATES 
MARCH 11, 2020 
Received; read the first time 
MARCH 12, 2020 
Read the second time and placed on the calendar 
AN ACT 
To amend the Foreign Intelligence Surveillance Act of 1978 
to prohibit the production of certain business records, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘USA FREEDOM Reauthorization Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 
TITLE I—FISA BUSINESS RECORDS 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
Sec. 101. Repeal of authority to access on an ongoing basis call detail records. 
Sec. 102. Protection of certain information. 
Sec. 103. Use of information. 
Sec. 104. Limitation on retention of business record information. 
Sec. 105. Effective date. 
TITLE II—ACCURACY AND INTEGRITY OF FISA PROCESS 
Sec. 201. Certifications regarding accuracy of FISA applications. 
Sec. 202. Description of techniques carried out before targeting United States 
person. 
Sec. 203. Investigations relating to Federal candidates and elected Federal offi-
cials. 
Sec. 204. Removal or suspension of Federal officers for misconduct before For-
eign Intelligence Surveillance Court. 
Sec. 205. Penalties for offenses related to FISA. 
Sec. 206. Contempts constituting crimes. 
Sec. 207. Effective date. 
TITLE III—FOREIGN INTELLIGENCE SURVEILLANCE COURT 
Sec. 301. Declassification of significant decisions, orders, and opinions. 
Sec. 302. Appointment of amici curiae and access to information. 
Sec. 303. Effective and independent advice for Foreign Intelligence Surveillance 
Court. 
Sec. 304. Transcripts of proceedings and communications regarding applica-
tions. 
Sec. 305. Information provided in annual reports. 
TITLE IV—TRANSPARENCY, SUNSETS, AND OTHER MATTERS 
Sec. 401. Congressional oversight. 
Sec. 402. Establishment of compliance officers. 
Sec. 403. Public reports on information obtained or derived under FISA and 
protection of First Amendment activities. 
Sec. 404. Mandatory reporting on certain orders. 
Sec. 405. Report on use of FISA authorities regarding protected activities and 
protected classes. 
Sec. 406. Improvements to Privacy and Civil Liberties Oversight Board. 
Sec. 407. Sunsets. 
Sec. 408. Technical amendments. 
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
a section or other provision of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 
TITLE I—FISA BUSINESS 
RECORDS 
SEC. 101. REPEAL OF AUTHORITY TO ACCESS ON AN ONGO-
ING BASIS CALL DETAIL RECORDS. 
(a) CALL DETAIL RECORDS.— 
(1) REPEAL.—Subsection (b)(2) of section 501 
(50 U.S.C. 1861) is amended— 
(A) by striking subparagraph (C); 
(B) in subparagraph (B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘in the case of’’ and all that 
follows through ‘‘in subparagraph (C)),’’; 
and 
(ii) in clause (iii), by striking the 
semicolon at the end and inserting ‘‘; 
and’’; and 
(C) by redesignating subparagraph (D) as 
subparagraph (C). 
(2) PROHIBITION.—Section 501(a) (50 U.S.C. 
1861) is amended by adding at the end the following 
new paragraph: 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
‘‘(4) An application under paragraph (1) may not 
seek an order authorizing or requiring the production on 
an ongoing basis of call detail records.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) ORDERS.—Subsection (c) of section 501 (50 
U.S.C. 1861) is amended— 
(A) in paragraph (1), by striking ‘‘with 
subsection (b)(2)(D)’’ and inserting ‘‘with sub-
section (b)(2)(C)’’; and 
(B) in paragraph (2), by striking subpara-
graph (F) and inserting the following: 
‘‘(F) in the case of an application for call 
detail records, shall direct the Government— 
‘‘(i) to adopt minimization procedures 
that require the prompt destruction of all 
call detail records produced under the 
order that the Government determines are 
not foreign intelligence information; and 
‘‘(ii) to destroy all call detail records 
produced under the order as prescribed by 
such procedures.’’; 
(2) COMPENSATION.—Subsection (j) of section 
501 (50 U.S.C. 1861) is amended to read as follows: 
‘‘(j) COMPENSATION.—The Government shall com-
pensate a person for reasonable expenses incurred for pro-
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
viding technical assistance to the Government under this 
section.’’. 
(3) DEFINITIONS.—Subsection (k)(4)(B) of sec-
tion 501 (50 U.S.C. 1861) is amended by striking 
‘‘For purposes of an application submitted under 
subsection (b)(2)(C)’’ and inserting ‘‘In the case of 
an application for a call detail record’’. 
(4) OVERSIGHT.—Section 502(b) (50 U.S.C. 
1862(b)) is amended— 
(A) by striking paragraph (4); and 
(B) 
by 
redesignating 
paragraphs 
(5) 
through (8) as paragraphs (4) through (7), re-
spectively; 
(5) 
ANNUAL
REPORTS.—Section 
603 
(50 
U.S.C. 1873) is amended— 
(A) in subsection (b)— 
(i) by transferring subparagraph (C) 
of paragraph (6) to the end of paragraph 
(5); 
(ii) in paragraph (5)— 
(I) in subparagraph (A), by strik-
ing ‘‘; and’’ and inserting a semicolon; 
(II) in subparagraph (B), by 
striking the semicolon and inserting ‘‘; 
and’’; and 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
(III) in subparagraph (C), as 
transferred by clause (i) of this sub-
paragraph, by striking ‘‘any database 
of’’; 
(iii) by striking paragraph (6) (as 
amended by clause (i) of this subpara-
graph); and 
(iv) by redesignating paragraph (7) as 
paragraph (6); and 
(B) in subsection (d)— 
(i) in paragraph (1), by striking ‘‘any 
of paragraphs (3), (5), or (6)’’ and insert-
ing ‘‘either of paragraph (3) or (5)’’; and 
(ii) in paragraph (2)(A), by striking 
‘‘Paragraphs (2)(B), (2)(C), and (6)(C)’’ 
and inserting ‘‘Paragraphs (2)(B) and 
(2)(C)’’. 
(6) PUBLIC REPORTING.—Section 604(a)(1)(F) 
(50 U.S.C. 1874(a)(1)(F)) is amended— 
(A) in clause (i), by striking the semicolon 
and inserting ‘‘; and’’; 
(B) in clause (ii), by striking ‘‘; and’’ and 
inserting a period; and 
(C) by striking clause (iii). 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
SEC. 102. PROTECTION OF CERTAIN INFORMATION. 
(a) PROTECTION.—Subsection (a) of section 501 (50 
U.S.C. 1861), as amended by section 101, is further 
amended by adding at the end the following new para-
graph: 
‘‘(5)(A) An application under paragraph (1) may not 
seek an order authorizing or requiring the production of 
a tangible thing under circumstances in which a person 
has a reasonable expectation of privacy and a warrant 
would be required for law enforcement purposes. 
‘‘(B) An application under paragraph (1) may not 
seek an order authorizing or requiring the production of 
cell site location or global positioning system informa-
tion.’’. 
(b) CLARIFICATION OF EMERGENCY AUTHORITY FOR 
CELL SITE LOCATION OR GLOBAL POSITIONING SYSTEM 
INFORMATION.—The Attorney General may treat the pro-
duction of cell site location or global positioning system 
information as electronic surveillance rather than business 
records for purposes of authorizing the emergency produc-
tion of such information pursuant to section 105(e) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1805(e)). 
(c) CONFORMING AMENDMENT.—Subsection (a) of 
section 501 (50 U.S.C. 1861) is further amended by strik-
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
ing ‘‘Subject to paragraph (3)’’ and inserting ‘‘Subject to 
paragraphs (3), (4), and (5)’’. 
SEC. 103. USE OF INFORMATION. 
Section 501(h) (50 U.S.C. 1861(h)) is amended— 
(1) by striking ‘‘Information acquired’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—Information acquired’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(2) USE
IN
TRIALS, HEARINGS, OR
OTHER 
PROCEEDINGS.—For purposes of subsections (b) 
through (h) of section 106— 
‘‘(A) information obtained or derived from 
the production of tangible things pursuant to 
an investigation conducted under this section 
shall be deemed to be information acquired 
from an electronic surveillance pursuant to title 
I, unless the court or other authority of the 
United States finds, in response to a motion 
from the Government, that providing notice to 
an aggrieved person would harm the national 
security of the United States; and 
‘‘(B) in carrying out subparagraph (A), a 
person shall be deemed to be an aggrieved per-
son if— 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
‘‘(i) the person is the target of such 
an investigation; and 
‘‘(ii) the activities or communications 
of the person are described in the tangible 
things that the Government intends to use 
or disclose in any trial, hearing, or other 
proceeding.’’. 
SEC. 
104. 
LIMITATION 
ON 
RETENTION 
OF 
BUSINESS 
RECORD INFORMATION. 
(a) REQUIREMENT.—Section 501(g) (50 U.S.C. 
1861(g)) is amended— 
(1) in paragraph (2), by striking ‘‘In this sec-
tion’’ and inserting ‘‘In accordance with paragraph 
(3), in this section’’; 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) LIMITATION ON RETENTION.—The mini-
mization procedures under paragraph (1) shall en-
sure that tangible things, and information therein, 
received under this section may not be retained in 
excess of 5 years, unless— 
‘‘(A) the tangible thing or information has 
been affirmatively determined, in whole or in 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
part, to constitute foreign intelligence or coun-
terintelligence or to be necessary to understand 
or assess foreign intelligence or counterintel-
ligence; 
‘‘(B) the tangible thing or information is 
reasonably believed to constitute evidence of a 
crime and is retained by a law enforcement 
agency; 
‘‘(C) the tangible thing or information is 
enciphered or reasonably believed to have a se-
cret meaning; 
‘‘(D) retention is necessary to protect 
against an imminent threat to human life; 
‘‘(E) retention is necessary for technical 
assurance or compliance purposes, including a 
court order or discovery obligation, in which 
case access to the tangible thing or information 
retained for technical assurance or compliance 
purposes shall be reported to the Permanent 
Select Committee on Intelligence and the Com-
mittee on the Judiciary of the House of Rep-
resentatives and the Select Committee on Intel-
ligence and the Committee on the Judiciary of 
the Senate on an annual basis; or 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
‘‘(F) retention for a period in excess of 5 
years is approved by the Director of the Fed-
eral Bureau of Investigation, based on a deter-
mination that retention is necessary to protect 
the national security of the United States, in 
which case the Director shall provide to such 
committees a written certification describing— 
‘‘(i) the reasons extended retention is 
necessary to protect the national security 
of the United States; 
‘‘(ii) the duration for which the Direc-
tor is authorizing retention; 
‘‘(iii) generally the tangible things or 
information to be retained; and 
‘‘(iv) the measures the Director is tak-
ing to protect the privacy interests of 
United States persons or persons located 
inside the United States.’’. 
(b) 
OVERSIGHT.—Section 
502(b) 
(50 
U.S.C. 
1862(b)) is amended— 
(1) in paragraph (7), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (8)(E), by striking the period 
and inserting ‘‘; and’’; and 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
(3) by adding at the end the following new 
paragraph: 
‘‘(9) a description of each time that an excep-
tion to the 5-year limitation on the retention of in-
formation was made pursuant to any of subpara-
graphs (C) through (E) of subsection (g)(3) of sec-
tion 501, including an explanation for each such ex-
ception.’’. 
SEC. 105. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
on the date of the enactment of this Act and shall apply 
with respect to applications made under section 501 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861) on or after such date. 
TITLE II—ACCURACY AND 
INTEGRITY OF FISA PROCESS 
SEC. 201. CERTIFICATIONS REGARDING ACCURACY OF FISA 
APPLICATIONS. 
(a) TITLE I.—Subsection (a) of section 104 (50 
U.S.C. 1804) is amended— 
(1) in paragraph (8), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (9), by striking the period at 
the end and inserting ‘‘; and’’; and 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
(3) by adding at the end the following new 
paragraph: 
‘‘(10) a certification by the applicant that, to 
the best knowledge of the applicant, the attorney for 
the Government and the Department of Justice has 
been apprised of all information that might reason-
ably— 
‘‘(A) call into question the accuracy of the 
application or the reasonableness of any assess-
ment in the application conducted by the de-
partment or agency on whose behalf the appli-
cation is made; or 
‘‘(B) otherwise raise doubts with respect to 
the findings required under section 105(a).’’. 
(b) TITLE III.—Subsection (a) of section 303 (50 
U.S.C. 1823) is amended— 
(1) in paragraph (7), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (8), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(9) a certification by the applicant that, to the 
best knowledge of the applicant, the attorney for the 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
Government and the Department of Justice has been 
apprised of all information 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 de-
partment or agency on whose behalf the appli-
cation is made; or 
‘‘(B) otherwise raise doubts with respect to 
the findings required under section 304(a).’’. 
(c) TITLE IV.—Subsection (c) of section 402 (50 
U.S.C. 1842) is amended— 
(1) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) a certification by the applicant that, to the 
best knowledge of the applicant, the attorney for the 
Government and the Department of Justice has been 
apprised of all information 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 de-
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
partment or agency on whose behalf the appli-
cation is made; or 
‘‘(B) otherwise raise doubts with respect to 
the findings required under subsection (d).’’. 
(d) TITLE V.—Subsection (b)(2) of section 501 (50 
U.S.C. 1861), as amended by section 101, is further 
amended— 
(1) in subparagraph (B), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) a statement by the applicant that, to 
the best knowledge of the applicant, the appli-
cation fairly reflects all information that might 
reasonably— 
‘‘(i) call into question the accuracy of 
the application or the reasonableness of 
any assessment in the application con-
ducted by the department or agency on 
whose behalf the application is made; or 
‘‘(ii) otherwise raise doubts with re-
spect to the findings required under sub-
section (c).’’. 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
(e) TITLE VII.— 
(1) SECTION 703.—Subsection (b)(1) of section 
703 (50 U.S.C. 1881b) is amended— 
(A) in subparagraph (I), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (J), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(K) a certification by the applicant that, 
to the best knowledge of the applicant, the at-
torney for the Government and the Department 
of Justice has been apprised of all information 
that might reasonably— 
‘‘(i) call into question the accuracy of 
the application or the reasonableness of 
any assessment in the application con-
ducted by the department or agency on 
whose behalf the application is made; or 
‘‘(ii) otherwise raise doubts with re-
spect to the findings required under sub-
section (c).’’. 
(2) SECTION
704.—Subsection (b) of section 
704 (50 U.S.C. 1881c) is amended— 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
(A) in paragraph (6), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(8) a certification by the applicant that, to the 
best knowledge of the applicant, the attorney for the 
Government and the Department of Justice has been 
apprised of all information 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 de-
partment or agency on whose behalf the appli-
cation is made; or 
‘‘(B) otherwise raise doubts with respect to 
the findings required under subsection (c).’’. 
(f) REVIEW
OF CASE FILES
TO ENSURE ACCU-
RACY.—Not later than 180 days after the date of the en-
actment of this Act, the Attorney General, in consultation 
with the Director of the Federal Bureau of Investigation, 
shall promulgate rules governing the review of case files, 
as appropriate, to ensure that applications to the Foreign 
Intelligence Surveillance Court under title I or III of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
1801 et seq.) that target United States persons are accu-
rate and complete. 
SEC. 202. DESCRIPTION OF TECHNIQUES CARRIED OUT BE-
FORE TARGETING UNITED STATES PERSON. 
(a) 
TITLE
I.—Section 
104(a)(6) 
(50 
U.S.C. 
1804(a)(6)) is amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(F) with respect to a target who is a 
United States person, including a statement de-
scribing the investigative techniques carried out 
before making the application; and’’. 
(b) TITLE
III.—Section 303(a)(6) (50 U.S.C. 
1823(a)(6)) is amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(F) with respect to a target who is a 
United States person, includes a statement de-
scribing the investigative techniques carried out 
before making the application; and’’. 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
SEC. 203. INVESTIGATIONS RELATING TO FEDERAL CAN-
DIDATES AND ELECTED FEDERAL OFFICIALS. 
(a) 
TITLE
I.—Section 
104(a)(6) 
(50 
U.S.C. 
1804(a)(6)), as amended by section 202, is further amend-
ed by adding at the end the following new subparagraph: 
‘‘(G) if the target of the electronic surveil-
lance is an elected Federal official or a can-
didate in a Federal election, that the Attorney 
General has approved in writing of the inves-
tigation;’’. 
(b) TITLE
III.—Section 303(a)(6) (50 U.S.C. 
1823(a)(6)), as amended by section 202, is further amend-
ed by adding at the end the following new subparagraph: 
‘‘(G) if the target of the physical search is 
an elected Federal official or a candidate in a 
Federal election, that the Attorney General has 
approved in writing of the investigation;’’. 
SEC. 204. REMOVAL OR SUSPENSION OF FEDERAL OFFI-
CERS FOR MISCONDUCT BEFORE FOREIGN 
INTELLIGENCE SURVEILLANCE COURT. 
Section 103 (50 U.S.C. 1803) is amended by adding 
at the end the following new subsection: 
‘‘(l) REMOVAL OR SUSPENSION OF FEDERAL OFFI-
CERS FOR MISCONDUCT BEFORE COURTS.—An employee, 
officer, or contractor of the United States Government 
who engages in deliberate misconduct with respect to pro-
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
ceedings before the Foreign Intelligence Surveillance 
Court or the Foreign Intelligence Surveillance Court of 
Review shall be subject to appropriate adverse actions, in-
cluding, as appropriate, suspension without pay or re-
moval.’’. 
SEC. 205. PENALTIES FOR OFFENSES RELATED TO FISA. 
(a) FALSE
DECLARATIONS
BEFORE
FISC AND 
FISCR.—Section 1623(a) of title 18, United States Code, 
is amended by inserting before ‘‘, or both’’ the following: 
‘‘or, if such proceedings are before or ancillary to the For-
eign Intelligence Surveillance Court or the Foreign Intel-
ligence Surveillance Court of Review established by section 
103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803), imprisoned not more than eight years’’. 
(b) INCREASED
PENALTY
FOR
UNAUTHORIZED 
USE.—Section 109(c) (50 U.S.C. 1809(c)) is amended by 
striking ‘‘five years’’ and inserting ‘‘eight years’’. 
(c) UNAUTHORIZED
DISCLOSURE
OF
APPLICA-
TIONS.— 
(1) IN
GENERAL.—Subsection (a) of section 
109 (50 U.S.C. 1809) is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘intentionally’’; 
(B) in paragraph (1)— 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
(i) by inserting ‘‘intentionally’’ before 
‘‘engages in’’; and 
(ii) by striking ‘‘; or’’ and inserting a 
semicolon; 
(C) in paragraph (2)— 
(i) by inserting ‘‘intentionally’’ before 
‘‘disclose or uses’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; or’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(3) is an employee, officer, or contractor of the 
United States Government and intentionally dis-
closes an application, or classified information con-
tained therein, for an order under any title of this 
Act to any person not entitled to receive classified 
information.’’. 
(2) CONFORMING AMENDMENT.—Subsection (b) 
of such section is amended by striking ‘‘under sub-
section (a)’’ and inserting ‘‘under paragraph (1) or 
(2) of subsection (a)’’. 
SEC. 206. CONTEMPTS CONSTITUTING CRIMES. 
Section 402 of title 18, United States Code, is 
amended by inserting after ‘‘any district court of the 
United States’’ the following: ‘‘, the Foreign Intelligence 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
Surveillance Court or the Foreign Intelligence Surveillance 
Court of Review established by section 103 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803),’’. 
SEC. 207. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
on the date of the enactment of this Act and shall apply 
with respect to applications made under section 501 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861) on or after such date. 
TITLE 
III—FOREIGN 
INTEL-
LIGENCE 
SURVEILLANCE 
COURT 
SEC. 301. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 
ORDERS, AND OPINIONS. 
(a) TIMING OF DECLASSIFICATION.—Subsection (a) 
of section 602 (50 U.S.C. 1872) is amended by adding 
at the end the following new sentence: ‘‘The Director shall 
complete the declassification review and public release of 
each such decision, order, or opinion by not later than 180 
days after the date on which the Foreign Intelligence Sur-
veillance Court or the Foreign Intelligence Surveillance 
Court of Review issues such decision, order, or opinion.’’. 
(b) MATTERS COVERED.—Such subsection is further 
amended— 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
(1) by striking ‘‘Subject to subsection (b)’’ and 
inserting ‘‘(1) Subject to subsection (b)’’; 
(2) by striking ‘‘includes a significant’’ and all 
that follows through ‘‘, and,’’ and inserting ‘‘is de-
scribed in paragraph (2) and,’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) The decisions, orders, or opinions issued by the 
Foreign Intelligence Surveillance Court or the Foreign In-
telligence Surveillance Court of Review described in this 
paragraph are such decisions, orders, or opinions that— 
‘‘(A) include a significant construction or inter-
pretation of any provision of law, including any 
novel or significant construction or interpretation 
of— 
‘‘(i) the term ‘specific selection term’; or 
‘‘(ii) section 501(a)(5); or 
‘‘(B) result from a proceeding in which an ami-
cus curiae has been appointed pursuant to section 
103(i).’’. 
(c) APPLICATION OF REQUIREMENT.—Section 602 of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1872) shall apply with respect to each decision, 
order, or opinion issued by the Foreign Intelligence Sur-
veillance Court or the Foreign Intelligence Surveillance 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
Court of Review before, on, or after the date of the enact-
ment of such section. With respect to such decisions, or-
ders, or opinions issued before or on such date, the Direc-
tor of National Intelligence shall complete the declassifica-
tion review and public release of each such decision, order, 
or opinion pursuant to such section by not later than one 
year after the date of the enactment of this Act. 
SEC. 302. APPOINTMENT OF AMICI CURIAE AND ACCESS TO 
INFORMATION. 
(a) EXPANSION
OF APPOINTMENT AUTHORITY.— 
Subparagraph (A) of section 103(i)(2) (50 U.S.C. 
1803(i)(2)) is amended to read as follows: 
‘‘(A) shall appoint an individual who has 
been designated under paragraph (1) to serve 
as amicus curiae to assist such court in the 
consideration of any application 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; or 
‘‘(ii) presents exceptional concerns 
about the protection of the rights of a 
United States person under the first 
amendment to the Constitution, unless the 
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS
HR 6172 PCS
court issues a finding that such appoint-
ment is not appropriate; and’’. 
(b) AUTHORITY TO SEEK REVIEW.—Subsection (i) 
of section 103 (50 U.S.C. 1803) is amended— 
(1) by redesignating paragraphs (7) through 
(11) as paragraphs (8) through (12), respectively; 
and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(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 court to certify for review to the For-
eign 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 sub-
paragraph, the Court of Review shall appoint 
the amicus curiae to assist the Court of Review 
in its consideration of the certified question, un-
VerDate Sep 11 2014 
22:43 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.PCS
H6172
kjohnson on DSK79L0C42PROD with BILLS