‘‘(4) an intermediary service provider shall not 
knowingly divulge— 
‘‘(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. 5. 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 
VerDate Sep 11 2014 
02:28 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
kjohnson on DSK79L0C42PROD with BILLS
to affect an acquisition or activity described in clause (B) 
that is carried out utilizing a means other than electronic 
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 
VerDate Sep 11 2014 
02:28 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
kjohnson on DSK79L0C42PROD with BILLS
electronic surveillance, as defined in section 101 of such 
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 
VerDate Sep 11 2014 
02:28 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
kjohnson on DSK79L0C42PROD with BILLS
seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the 
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). 
VerDate Sep 11 2014 
02:28 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
kjohnson on DSK79L0C42PROD with BILLS
SEC. 6. 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-
VerDate Sep 11 2014 
02:28 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
kjohnson on DSK79L0C42PROD with BILLS
munication sought was obtained, or 48 hours after the 
interception began.’’. 
Æ 
VerDate Sep 11 2014 
02:28 Jun 04, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6301
E:\BILLS\H2738.IH
H2738
kjohnson on DSK79L0C42PROD with BILLS