I 
116TH CONGRESS 
2D SESSION 
H. R. 6172 
To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit 
the production of certain business records, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2020 
Mr. NADLER (for himself and Mr. SCHIFF) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committees on Intelligence (Permanent Select), Oversight and Reform, 
and Homeland Security, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
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. 
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Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 
TITLE I—FISA BUSINESS RECORDS 
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 
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provision, the reference shall be considered to be made to 
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: 
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‘‘(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-
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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 
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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-
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