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 
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 
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: 
‘‘(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-
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 
(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—
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-
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— 
‘‘(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 
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 
‘‘(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 
(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 
(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