I 
116TH CONGRESS 
2D SESSION 
H. R. 5675 
To amend the Foreign Intelligence Surveillance Act of 1978 to protect privacy 
rights, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 24, 2020 
Ms. LOFGREN (for herself, Mr. DAVIDSON of Ohio, Ms. JAYAPAL, Mr. GAETZ, 
Mr. BLUMENAUER, and Mr. YOHO) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committees on Intelligence (Permanent Select), Financial Services, Over-
sight and Reform, and Homeland Security, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Foreign Intelligence Surveillance Act of 1978 
to protect privacy rights, 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 
‘‘Safeguarding Americans’ Private Records Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
TITLE I—REFORM AND OVERSIGHT OF AUTHORITY TO ACCESS 
CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
AND INTERNATIONAL TERRORISM INVESTIGATIONS AND FOR 
ROVING SURVEILLANCE 
Subtitle A—Reform and Oversight of Authority To Access Certain Business 
Records for Foreign Intelligence and International Terrorism Investigations 
Sec. 101. Repeal of authority to access on an ongoing basis business records 
for foreign intelligence and international terrorism investiga-
tions. 
Sec. 102. Exclusion of cell site location and global positioning system informa-
tion from authority to access business records for foreign intel-
ligence and international terrorism investigations. 
Sec. 103. Exclusion of Internet website browsing and Internet search history 
information from authority to access business records for for-
eign intelligence and international terrorism investigations. 
Sec. 104. Exclusion from authority to access business records for foreign intel-
ligence and international terrorism investigations of informa-
tion that would otherwise require a warrant. 
Sec. 105. Modification of requirements relating to connection to foreign power 
for access business records for foreign intelligence and inter-
national terrorism investigations. 
Sec. 106. Justification for nondisclosure requirement concerning access busi-
ness records for foreign intelligence and international terrorism 
investigations. 
Sec. 107. Limitations on retention of tangible things for foreign intelligence 
and international terrorism investigations. 
Sec. 108. Judicial review of compliance with minimization procedures for access 
to certain business records for foreign intelligence and inter-
national terrorism investigations. 
Sec. 109. Modification of requirement for Director of National Intelligence to 
report annually on matters relating to orders issued for pro-
duction of tangible things for foreign intelligence and inter-
national terrorism investigations. 
Sec. 110. Limitations on use of information obtained under authority to access 
business records for foreign intelligence and international ter-
rorism investigations. 
Sec. 111. Reforms relating to use of information. 
Sec. 112. Inspector General of Department of Justice report on use of activities 
protected by First Amendment in applications for production 
of business records for foreign intelligence and international 
terrorism investigations. 
Sec. 113. Annual report on waiver of prohibition on use of information obtained 
without an order for production of business records for foreign 
intelligence and international terrorism investigations. 
Subtitle B—Oversight on Use of Authority for Roving Surveillance 
Sec. 121. Inspector General of Department of Justice report on compliance 
with requirements relating to use of authority for electronic 
surveillance. 
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Sec. 122. Annual report on waiver of prohibition on use of information obtained 
without an order for electronic surveillance. 
Subtitle C—Extension of Authority To Access Certain Business Records for 
Foreign Intelligence and International Terrorism Investigations and for 
Roving Surveillance 
Sec. 131. Four-year extension of authority to access certain business records 
for foreign intelligence and international terrorism investiga-
tions and for roving surveillance. 
TITLE II—ADDITIONAL REFORMS OF AUTHORITIES UNDER 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 
Sec. 201. Limitation on production of cell site location and global positioning 
system information under pen register and trap and trace au-
thorities. 
Sec. 202. Extension of authority for individual terrorists to be treated as agents 
of foreign powers under Foreign Intelligence Surveillance Act 
of 1978. 
Sec. 203. Clarification regarding treatment of information acquired under For-
eign Intelligence Surveillance Act of 1978. 
TITLE III—REFORMS REGARDING FOREIGN INTELLIGENCE SUR-
VEILLANCE ACT COURT AND PRIVACY AND CIVIL LIBERTIES 
OVERSIGHT BOARD 
Sec. 301. Improved role in oversight of electronic surveillance by amici curiae 
appointed by courts under Foreign Intelligence Surveillance 
Act of 1978. 
Sec. 302. Reforms to the Foreign Intelligence Surveillance Court. 
Sec. 303. Study and report on diversity and representation on the FISA Court 
and the FISA Court of Review. 
Sec. 304. Reforms of the Privacy and Civil Liberties Oversight Board. 
Sec. 305. Clarification of applicability of requirement to declassify significant 
decisions of Foreign Intelligence Surveillance Court and For-
eign Intelligence Surveillance Court of Review. 
TITLE IV—SUNSET OF NATIONAL SECURITY LETTER 
AUTHORITIES 
Sec. 401. Sunset of national security letter authority. 
TITLE V—OTHER MATTERS 
Sec. 501. Limitation on collection without express statutory authority. 
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TITLE I—REFORM AND OVER-
SIGHT OF AUTHORITY TO AC-
CESS 
CERTAIN 
BUSINESS 
RECORDS FOR FOREIGN IN-
TELLIGENCE 
AND 
INTER-
NATIONAL 
TERRORISM 
IN-
VESTIGATIONS AND FOR ROV-
ING SURVEILLANCE 
Subtitle A—Reform and Oversight 
of Authority To Access Certain 
Business Records for Foreign 
Intelligence and International 
Terrorism Investigations 
SEC. 101. REPEAL OF AUTHORITY TO ACCESS ON AN ONGO-
ING BASIS BUSINESS RECORDS FOR FOREIGN 
INTELLIGENCE AND INTERNATIONAL TER-
RORISM INVESTIGATIONS. 
(a) IN GENERAL.—Subsection (a) of section 501 of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861) is amended by adding at the end the fol-
lowing: 
‘‘(4) The authority under paragraph (1) shall not in-
clude an application for an order requiring the produc-
tion— 
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‘‘(A) on an ongoing basis of any tangible 
things; or 
‘‘(B) of any tangible things other than those 
identified by the specific selection term included in 
the application pursuant to subsection (b)(2)(A).’’. 
(b) CONFORMING
AMENDMENTS.—Such Act is 
amended— 
(1) in section 501 (50 U.S.C. 1861)— 
(A) in subsection (a)(1), by striking ‘‘Sub-
ject to paragraph (3)’’ and inserting ‘‘Subject 
to the provisions of this subsection’’; 
(B) in subsection (b)(2)— 
(i) by striking subparagraph (C); 
(ii) in subparagraph (B), by striking 
‘‘in the case of’’ and all that follows 
through ‘‘in subparagraph (C)),’’; 
(iii) by redesignating subparagraph 
(D) as subparagraph (C); and 
(iv) in subparagraph (B)(iii), by strik-
ing the semicolon at the end and inserting 
‘‘; and’’; 
(C) in subsection (c)— 
(i) in paragraph (1), by striking ‘‘with 
subsection (b)(2)(D)’’ and inserting ‘‘with 
subsection (b)(2)(C)’’; and 
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(ii) in paragraph (2), by striking sub-
paragraph (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.’’; 
(D) by amending subsection (j) 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.’’; and 
(E) in subsection (k)(4)(B), 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’’; 
(2) in section 502(b) (50 U.S.C. 1862(b))— 
(A) by striking paragraph (4); and 
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(B) 
by 
redesignating 
paragraphs 
(5) 
through (8) as paragraphs (4) through (7), re-
spectively; 
(3) 
in 
section 
603(b)(6) 
(50 
U.S.C. 
1873(b)(6))— 
(A) in the matter before subparagraph (A), 
by striking ‘‘under section 501(b)(2)(C)’’ and 
inserting ‘‘under section 501(b)(2)(B)’’; and 
(B) in subparagraph (C), by striking ‘‘any 
database of’’; and 
(4) 
in 
section 
604(a)(1)(F) 
(50 
U.S.C. 
1874(a)(1)(F))— 
(A) by striking clause (iii); 
(B) in clause (ii), by striking ‘‘; and’’ and 
inserting a period; and 
(C) in clause (i), by striking the semicolon 
and inserting ‘‘; and’’. 
(c) TECHNICAL CORRECTION.—Paragraph (3) of sec-
tion 501(a) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1861(a)) is amended by indenting 
such paragraph 2 ems to the left. 
(d) EFFECTIVE DATE.—The amendments made by 
this section 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 Sur-
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veillance Act of 1978 (50 U.S.C. 1861) on or after such 
date. 
SEC. 102. EXCLUSION OF CELL SITE LOCATION AND GLOB-
AL 
POSITIONING 
SYSTEM 
INFORMATION 
FROM AUTHORITY TO ACCESS BUSINESS 
RECORDS FOR FOREIGN INTELLIGENCE AND 
INTERNATIONAL 
TERRORISM 
INVESTIGA-
TIONS. 
Section 501(k) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861(k)) is amended by add-
ing at the end the following: 
‘‘(5) The term ‘tangible thing’ does not include 
the following: 
‘‘(A) Cell site location information. 
‘‘(B) Global positioning system informa-
tion.’’. 
SEC. 103. EXCLUSION OF INTERNET WEBSITE BROWSING 
AND INTERNET SEARCH HISTORY INFORMA-
TION FROM AUTHORITY TO ACCESS BUSI-
NESS RECORDS FOR FOREIGN INTELLIGENCE 
AND 
INTERNATIONAL 
TERRORISM 
INVES-
TIGATIONS. 
Paragraph (5) of section 501(k) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1861(k)), as 
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added by section 102, is amended by adding at the end 
the following: 
‘‘(C) Internet website browsing informa-
tion. 
‘‘(D) Internet search history information.’’. 
SEC. 104. EXCLUSION FROM AUTHORITY TO ACCESS BUSI-
NESS RECORDS FOR FOREIGN INTELLIGENCE 
AND 
INTERNATIONAL 
TERRORISM 
INVES-
TIGATIONS OF INFORMATION THAT WOULD 
OTHERWISE REQUIRE A WARRANT. 
Section 501(a) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861(a)), as amended by 
section 101, is further amended by adding at the end the 
following: 
‘‘(5) The authority under paragraph (1) shall not in-
clude an application for an order authorizing or requiring 
the production of a tangible thing if the compelled produc-
tion of such thing would require a warrant for law enforce-
ment purposes.’’. 
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SEC. 105. MODIFICATION OF REQUIREMENTS RELATING TO 
CONNECTION TO FOREIGN POWER FOR AC-
CESS BUSINESS RECORDS FOR FOREIGN IN-
TELLIGENCE 
AND 
INTERNATIONAL 
TER-
RORISM INVESTIGATIONS. 
Section 501(b)(2)(B) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1861(b)(2)(B)), as 
amended by section 101(b)(1)(A), is amended— 
(1) by inserting ‘‘and material’’ after ‘‘sought 
are relevant’’; and 
(2) by striking ‘‘such things being presump-
tively relevant to an authorized investigation if the 
applicant shows in the statement of facts that they’’ 
and inserting ‘‘and that such tangible things 
sought’’. 
SEC. 106. JUSTIFICATION FOR NONDISCLOSURE REQUIRE-
MENT 
CONCERNING 
ACCESS 
BUSINESS 
RECORDS FOR FOREIGN INTELLIGENCE AND 
INTERNATIONAL 
TERRORISM 
INVESTIGA-
TIONS. 
(a) IN GENERAL.—Section 501 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(B), by striking ‘‘and’’ 
after the semicolon; 
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(B) in paragraph (2)(D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) if the applicant is seeking a nondisclosure 
requirement described in subsection (d), shall in-
clude— 
‘‘(A) the time period during which the Di-
rector of the Federal Bureau of Investigation 
believes the nondisclosure requirement should 
apply; 
‘‘(B) a statement of facts showing that 
there are reasonable grounds to believe that dis-
closure of particular information about the ex-
istence or contents of the order requiring the 
production of tangible things under this section 
during such time period will result in— 
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from investigation or pros-
ecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; 
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‘‘(v) interference with diplomatic rela-
tions; 
‘‘(vi) alerting a target, an associate of 
a target, or the foreign power of which the 
target is an agent, of the interest of the 
Government in the target; or 
‘‘(vii) otherwise seriously endangering 
the national security of the United States; 
and 
‘‘(C) an explanation of how the nondisclo-
sure requirement is narrowly tailored to address 
the specific harm identified under subparagraph 
(B).’’; 
(2) in subsection (c), by adding at the end the 
following: 
‘‘(5) If a judge who issues an order under this 
subsection upon an application made pursuant to 
this section that includes a request for a nondisclo-
sure requirement described in subsection (d) finds 
that the requirements of subsection (b)(3) have been 
met, such order shall include a nondisclosure re-
quirement that applies for a period of up to 1 year, 
unless the judge determines that the facts justify a 
longer period of nondisclosure, subject to the prin-
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ciples and procedures described in subsection (d).’’; 
and 
(3) by amending subsection (d) to read as fol-
lows: 
‘‘(d) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.—No person who receives an 
order entered under subsection (c) that contains a 
nondisclosure requirement shall disclose to any per-
son the particular information specified in the non-
disclosure requirement during the time period to 
which the requirement applies. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A person who receives 
an order entered under subsection (c) that con-
tains a nondisclosure requirement may disclose 
information otherwise subject to any applicable 
nondisclosure requirement to— 
‘‘(i) those persons to whom disclosure 
is necessary to comply with the order; 
‘‘(ii) an attorney to obtain legal advice 
or assistance regarding the order; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
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‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
shall be subject to the nondisclosure require-
ments applicable to a person to whom an order 
is directed under this section in the same man-
ner as the person to whom the order is directed. 
‘‘(C) NOTICE.—Any person who discloses 
to a person described in subparagraph (A) in-
formation otherwise subject to a nondisclosure 
requirement shall notify the person of the appli-
cable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—At the request of the Director of 
the Federal Bureau of Investigation or the des-
ignee of the Director, any person making or in-
tending to make a disclosure under clause (i) or 
(iii) of subparagraph (A) shall identify to the 
Director or such designee the person to whom 
such disclosure will be made or to whom such 
disclosure was made prior to the request. 
‘‘(3) EXTENSION.—The Director of the Federal 
Bureau of Investigation, or a designee of the Direc-
tor (whose rank shall be no lower than Assistant 
Special Agent in Charge), may apply for renewals of 
the prohibition on disclosure of particular informa-
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tion about the existence or contents of an order re-
quiring the production of tangible things under this 
section for additional periods of not longer than 1 
year, unless the facts justify a longer period of non-
disclosure. A nondisclosure requirement shall be re-
newed if a court having jurisdiction under paragraph 
(4) determines that the statement of facts included 
in the application pursuant to subsection (b)(3)(B) 
is true and credible. 
‘‘(4) JURISDICTION.—An application for a re-
newal under this subsection shall be made to— 
‘‘(A) a judge of the court established under 
section 103(a); or 
‘‘(B) a United States Magistrate Judge 
under chapter 43 of title 28, United States 
Code, who is publicly designated by the Chief 
Justice of the United States to have the power 
to hear applications and grant orders for the 
production of tangible things under this section 
on behalf of a judge of the court established 
under section 103(a).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
501(f)(1)(B) of such Act (50 U.S.C. 1861(f)(1)(B)) is 
amended by striking ‘‘an order imposed under subsection 
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(d)’’ and inserting ‘‘a nondisclosure requirement imposed 
in connection with a production order’’. 
SEC. 107. LIMITATIONS ON RETENTION OF TANGIBLE 
THINGS FOR FOREIGN INTELLIGENCE AND 
INTERNATIONAL 
TERRORISM 
INVESTIGA-
TIONS. 
Section 501(g)(2) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861(g)(2)) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (C) as sub-
paragraph (D); 
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C): 
‘‘(C) procedures that require that nonpub-
licly available information shall not be retained 
for more than three years unless determined to 
include foreign intelligence information; and’’; 
and 
(4) in subparagraph (D), as redesignated by 
paragraph (2), by striking ‘‘and (B)’’ and inserting 
‘‘(B), and (C)’’. 
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SEC. 108. JUDICIAL REVIEW OF COMPLIANCE WITH MINI-
MIZATION PROCEDURES FOR ACCESS TO 
CERTAIN BUSINESS RECORDS FOR FOREIGN 
INTELLIGENCE AND INTERNATIONAL TER-
RORISM INVESTIGATIONS. 
Section 501(c) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861(c)), as amended by 
section 106(a)(2), is further amended by adding at the 
end the following: 
‘‘(6) JUDICIAL REVIEW OF COMPLIANCE WITH 
MINIMIZATION PROCEDURES.—At or before the end 
of the period for the production of tangible things 
under an order entered under this section or at any 
time after the production of tangible things under 
an order entered under this section, a judge may as-
sess compliance with the minimization procedures 
required by such order by reviewing the cir-
cumstances under which information concerning 
United States persons was acquired, retained, or dis-
seminated.’’. 
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SEC. 109. MODIFICATION OF REQUIREMENT FOR DIRECTOR 
OF NATIONAL INTELLIGENCE TO REPORT AN-
NUALLY ON MATTERS RELATING TO ORDERS 
ISSUED FOR PRODUCTION OF TANGIBLE 
THINGS FOR FOREIGN INTELLIGENCE AND 
INTERNATIONAL 
TERRORISM 
INVESTIGA-
TIONS. 
(a) IN GENERAL.—Subsection (b)(5) of section 603 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1873) is amended— 
(1) in subparagraph (A), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (B)— 
(A) by inserting ‘‘, including information 
received electronically and through hard-copy 
and portable media’’ after ‘‘such orders’’; and 
(B) by striking the semicolon and inserting 
‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) the number of individuals for whom 
unique identifiers, unique personal identifiable 
information, or other identifying information 
has been collected pursuant to such orders, in-
cluding information received electronically and 
through hard-copy and portable media; 
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‘‘(D) the number of search terms that in-
cluded information concerning a United States 
person that were used to query any database 
containing records obtained through the use of 
such orders; 
‘‘(E) the number of queries described in 
subparagraph (D) that returned information 
obtained from orders issued pursuant to appli-
cations made under section 501(b)(2); 
‘‘(F) the number of times the Attorney 
General required the emergency production of 
tangible things pursuant to section 501(i)(1) 
and the application under subparagraph (D) of 
such section was denied; and 
‘‘(G) the number of warrants under title I 
of this Act and the number of warrants under 
title 18, United States Code, that relied on in-
formation obtained through the use of such or-
ders;’’. 
(b) ADDITIONAL INFORMATION.—Subsection (b)(2) 
of such section is amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
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‘‘(D) the number of queries described in 
subparagraph (C) that returned information ob-
tained from orders issued under such section; 
and’’. 
(c) REPEAL
OF NONAPPLICABILITY
TO FEDERAL 
BUREAU OF INVESTIGATION OF CERTAIN REPORTING RE-
QUIREMENTS.—Subsection (d)(2) of such section is 
amended by striking ‘‘(A) FEDERAL BUREAU’’ and all that 
follows through ‘‘Paragraph (3)(B) of’’ and inserting 
‘‘Paragraph (3)(B)’’. 
SEC. 110. LIMITATIONS ON USE OF INFORMATION OB-
TAINED UNDER AUTHORITY TO ACCESS BUSI-
NESS RECORDS FOR FOREIGN INTELLIGENCE 
AND 
INTERNATIONAL 
TERRORISM 
INVES-
TIGATIONS. 
Section 501(h) of the Foreign Intelligence Surveil-
lance Act of 1978 (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: 
‘‘(2) LIMITATION ON USE IN CRIMINAL, CIVIL, 
AND
ADMINISTRATIVE
PROCEEDINGS
AND
INVES-
TIGATIONS.—No information about a person ac-
quired as described in paragraph (1) who is either 
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a United States person or is located in the United 
States may be introduced as evidence against the 
person in any criminal, civil, or administrative pro-
ceeding or used as part of any criminal, civil, or ad-
ministrative investigation, except— 
‘‘(A) with the prior approval of the Attor-
ney General; and 
‘‘(B) in a proceeding or investigation in 
which the information is directly related to and 
necessary to address a specific threat of— 
‘‘(i) terrorism (as defined in clauses 
(i) through (iii) of section 2332(g)(5)(B) 
of title 18, United States Code); 
‘‘(ii) espionage (as used in chapter 37 
of title 18, United States Code); 
‘‘(iii) proliferation or use of a weapon 
of mass destruction (as defined in section 
2332a(c) of title 18, United States Code); 
‘‘(iv) a cybersecurity threat from a 
foreign country; 
‘‘(v) incapacitation or destruction of 
critical infrastructure (as defined in section 
1016(e) of the Uniting and Strengthening 
America by Providing Appropriate Tools 
Required to Intercept and Obstruct Ter-
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rorism (USA PATRIOT ACT) Act of 2001 
(42 U.S.C. 5195c(e))); or 
‘‘(vi) a threat to the armed forces of 
the United States or an ally of the United 
States or to other personnel of the United 
States Government or a government of an 
ally of the United States.’’. 
SEC. 111. REFORMS RELATING TO USE OF INFORMATION. 
(a) COMPLIANCE WITH MINIMIZATION PROCEDURES; 
PRIVILEGED COMMUNICATIONS; LAWFUL PURPOSES.— 
Subsection (a) of section 106 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1806) is amended 
by inserting ‘‘or an order issued under section 501’’ after 
‘‘pursuant to this title’’ both places it appears. 
(b) STATEMENT FOR DISCLOSURE.—Subsection (b) 
of such section is amended by inserting ‘‘or an order 
issued under section 501’’ after ‘‘pursuant to this title’’. 
(c) NOTIFICATION BY UNITED STATES.—Subsection 
(c) of such section is amended by inserting ‘‘or an order 
issued under section 501’’ after ‘‘authority of this title’’. 
(d) NOTIFICATION BY STATES OR POLITICAL SUB-
DIVISIONS.—Subsection (d) of such section is amended— 
(1) by inserting ‘‘or an order for production 
issued under section 501’’ after ‘‘authority of this 
title’’; and 
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(B) by inserting ‘‘or the emergency pro-
duction’’ after ‘‘to electronic surveillance’’; and 
(2) in paragraph (2), by inserting ‘‘or produc-
tion’’ after ‘‘surveillance’’. 
(k) CLARIFICATION OF AGGRIEVED PERSON.—Such 
section is amended by adding at the end the following: 
‘‘(l) For purposes of this section, the term ‘aggrieved 
person’ shall include an individual about whom informa-
tion has been collected pursuant to an order entered under 
section 501.’’. 
SEC. 112. INSPECTOR GENERAL OF DEPARTMENT OF JUS-
TICE REPORT ON USE OF ACTIVITIES PRO-
TECTED BY FIRST AMENDMENT IN APPLICA-
TIONS 
FOR 
PRODUCTION 
OF 
BUSINESS 
RECORDS FOR FOREIGN INTELLIGENCE AND 
INTERNATIONAL 
TERRORISM 
INVESTIGA-
TIONS. 
(a) REPORT REQUIRED.—Not later than December 
31, 2021, the Inspector General of the Department of Jus-
tice shall submit to the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate and 
the Committee on the Judiciary and the Permanent Select 
Committee on Intelligence of the House of Representatives 
a report on the use of activities and protected classes de-
scribed in subsection (b) in— 
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(1) applications for orders under section 501 of 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861); and 
(2) investigations for which such orders are 
sought. 
(b) ACTIVITIES
AND
PROTECTED
CLASSES
DE-
SCRIBED.—The activities and protected classes described 
in this subsection are the following: 
(1) Activities and expression protected by the 
first amendment to the Constitution of the United 
States. 
(2) Race, ethnicity, national origin, religious af-
filiation, and such other protected classes as the In-
spector General considers appropriate. 
SEC. 113. ANNUAL REPORT ON WAIVER OF PROHIBITION 
ON USE OF INFORMATION OBTAINED WITH-
OUT AN ORDER FOR PRODUCTION OF BUSI-
NESS RECORDS FOR FOREIGN INTELLIGENCE 
AND 
INTERNATIONAL 
TERRORISM 
INVES-
TIGATIONS. 
Section 501(i) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861(i)) is amended by add-
ing at the end the following: 
‘‘(7) ANNUAL REPORT ON WAIVERS OF PROHI-
BITION AGAINST USE OF INFORMATION OBTAINED 
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WITHOUT
ORDER.—Not less frequently than once 
each year, the Attorney General shall submit to the 
Committee on the Judiciary and the Select Com-
mittee on Intelligence of the Senate and the Com-
mittee on the Judiciary and the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives an annual report on all cases in which 
the Attorney General approved the use of informa-
tion that would otherwise be prohibited under para-
graph (5).’’. 
Subtitle B—Oversight on Use of 
Authority for Roving Surveillance 
SEC. 121. INSPECTOR GENERAL OF DEPARTMENT OF JUS-
TICE REPORT ON COMPLIANCE WITH RE-
QUIREMENTS RELATING TO USE OF AUTHOR-
ITY FOR ELECTRONIC SURVEILLANCE. 
(a) REPORT REQUIRED.—Not later than December 
31, 2021, the Inspector General of the Department of Jus-
tice shall submit to the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate and 
the Committee on the Judiciary and the Permanent Select 
Committee on Intelligence of the House of Representatives 
a report on compliance with section 105(c)(3) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1805(c)(3)). 
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(b) CONTENTS.—The report submitted under sub-
section (a) shall cover the 3-year period ending on the date 
of the enactment of this Act and include the following: 
(1) An assessment of the processes, if any, em-
ployed by the Director of the Federal Bureau of In-
vestigation to ascertain whether each new facility or 
place at which electronic surveillance was directed 
was used by the target of the surveillance. 
(2) An assessment of whether each new facility 
or place at which electronic surveillance was directed 
was used by— 
(A) the target of the surveillance; and 
(B) individuals other than the target of the 
surveillance, including the number of such indi-
viduals. 
(3) The effectiveness of minimization proce-
dures to limit collection of facilities or places that 
are determined were not used by the target of the 
surveillance. 
(4) An assessment of the process whereby or-
ders are approved absent knowledge of the identity 
of the target. 
(5) The number of orders in which the identity 
of the target is not known. 
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SEC. 122. ANNUAL REPORT ON WAIVER OF PROHIBITION 
ON USE OF INFORMATION OBTAINED WITH-
OUT AN ORDER FOR ELECTRONIC SURVEIL-
LANCE. 
Section 105(e) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1805(e)) is amended by add-
ing at the end the following: 
‘‘(7) Not less frequently than once each year, the At-
torney General shall submit to the Committee on the Judi-
ciary and the Select Committee on Intelligence of the Sen-
ate and the Committee on the Judiciary and the Perma-
nent Select Committee on Intelligence of the House of 
Representatives an annual report on all cases in which the 
Attorney General approved the use of information that 
would otherwise be prohibited under paragraph (5).’’. 
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Subtitle C—Extension of Authority 
To 
Access 
Certain 
Business 
Records for Foreign Intelligence 
and International Terrorism In-
vestigations and for Roving Sur-
veillance 
SEC. 131. FOUR-YEAR EXTENSION OF AUTHORITY TO AC-
CESS CERTAIN BUSINESS RECORDS FOR FOR-
EIGN INTELLIGENCE AND INTERNATIONAL 
TERRORISM INVESTIGATIONS AND FOR ROV-
ING SURVEILLANCE. 
Section 102 of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109–177; 50 
U.S.C. 1805 note) is amended by striking ‘‘March 15, 
2020’’ and inserting ‘‘December 15, 2023’’. 
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TITLE 
II—ADDITIONAL 
RE-
FORMS 
OF 
AUTHORITIES 
UNDER 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT 
OF 1978 
SEC. 201. LIMITATION ON PRODUCTION OF CELL SITE LO-
CATION AND GLOBAL POSITIONING SYSTEM 
INFORMATION UNDER PEN REGISTER AND 
TRAP AND TRACE AUTHORITIES. 
Section 402(d) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1842(d)) is amended by add-
ing at the end the following: 
‘‘(4) No cell site location or global positioning system 
information may be produced pursuant to an order under 
this subsection.’’. 
SEC. 202. EXTENSION OF AUTHORITY FOR INDIVIDUAL TER-
RORISTS TO BE TREATED AS AGENTS OF FOR-
EIGN 
POWERS 
UNDER 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
(a) EXTENSION.—Section 6001(b) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
1801 note) is amended by striking ‘‘March 15, 2020’’ and 
inserting ‘‘December 15, 2023’’. 
(b) REPORTING.— 
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(1) INITIAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Di-
rector of National Intelligence shall submit to Con-
gress a report that identifies, for the preceding 12- 
month period, the number times a person who en-
gages in international terrorism, or activities in 
preparation therefore, not for or on behalf of a for-
eign power, was treated as an agent of a foreign 
power under the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.). 
(2) ANNUAL REPORTING.— 
(A) IN GENERAL.—Section 603(b) of the 
Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1873(b)) is amended— 
(i) in paragraph (6)(C), by striking ‘‘; 
and’’ and inserting a semicolon; 
(ii) in paragraph (7), by striking the 
period and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(8) the number times a person who engages in 
international terrorism, or activities in preparation 
therefore, not for or on behalf of a foreign power, 
was treated as an agent of a foreign power under 
this Act.’’. 
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(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall take effect on 
the date that is 180 days after the date of the 
enactment of this Act. 
SEC. 203. CLARIFICATION REGARDING TREATMENT OF IN-
FORMATION ACQUIRED UNDER FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978. 
(a) DEFINITION OF DERIVED.— 
(1) IN GENERAL.—Section 101 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801) is amended by adding at the end the fol-
lowing: 
‘‘(q) For the purposes of notification provisions of 
this Act, information or evidence is ‘derived’ from an elec-
tronic surveillance, physical search, use of a pen register 
or trap and trace device, production of tangible things, 
or acquisition under this Act when the Government would 
not have originally possessed the information or evidence 
but for that electronic surveillance, physical search, use 
of a pen register or trap and trace device, production of 
tangible things, or acquisition, and regardless of any claim 
that the information or evidence is attenuated from the 
surveillance or search, would inevitably have been discov-
ered, or was subsequently reobtained through other 
means.’’. 
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(2) POLICIES AND GUIDANCE.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
Attorney General and the Director of National 
Intelligence shall publish the following: 
(i) Policies concerning the application 
of subsection (q) of section 101 of such 
Act, as added by paragraph (1). 
(ii) Guidance for all members of the 
intelligence community (as defined in sec-
tion 3 of the National Security Act of 
1947 (50 U.S.C. 3003)) and all Federal 
agencies with law enforcement responsibil-
ities concerning the application of such 
subsection. 
(B) MODIFICATIONS.—Whenever the At-
torney General and the Director modify a policy 
or guidance published under subparagraph (A), 
the Attorney General and the Director shall 
publish such modifications. 
(b) USE OF INFORMATION ACQUIRED UNDER TITLE 
VII.—Section 706 of such Act (50 U.S.C. 1881e) is 
amended— 
(1) in subsection (a), by striking ‘‘, except for 
the purposes of subsection (j) of such section’’; and 
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(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) INFORMATION ACQUIRED UNDER SECTIONS 
703–705.—Information acquired from an acquisition con-
ducted under section 703, 704, or 705 shall be deemed 
to be information acquired from an electronic surveillance 
pursuant to title I for the purposes of section 106.’’. 
TITLE 
III—REFORMS 
REGARD-
ING FOREIGN INTELLIGENCE 
SURVEILLANCE ACT COURT 
AND PRIVACY AND CIVIL LIB-
ERTIES OVERSIGHT BOARD 
SEC. 301. IMPROVED ROLE IN OVERSIGHT OF ELECTRONIC 
SURVEILLANCE 
BY 
AMICI 
CURIAE 
AP-
POINTED BY COURTS UNDER FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978. 
(a) ROLE OF AMICI CURIAE GENERALLY.— 
(1) IN GENERAL.—Section 103(i)(1) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803(i)(1)) is amended by adding at the end 
the following: ‘‘Any amicus curiae designated pursu-
ant to this paragraph may raise any issue with the 
Court at any time.’’. 
(2) REFERRAL OF CASES FOR REVIEW.—Sec-
tion 103(i) of such Act is amended— 
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(A) 
by 
redesignating 
paragraphs 
(5) 
through (11) as paragraphs (6) through (12), 
respectively; and 
(B) by inserting after paragraph (4) the 
following: 
‘‘(5) REFERRAL FOR REVIEW.— 
‘‘(A) REFERRAL
TO
FOREIGN
INTEL-
LIGENCE SURVEILLANCE COURT EN BANC.—If 
the court established under subsection (a) ap-
points an amicus curiae under paragraph 
(2)(A) to assist the Court in the consideration 
of any matter presented to the Court under this 
Act and the Court makes a decision with re-
spect to such matter, the Court, in response to 
an application by the amicus curiae or any 
other individual designated under paragraph 
(1), may refer the decision to the Court en banc 
for review as the Court considers appropriate. 
‘‘(B) REFERRAL
TO
FOREIGN
INTEL-
LIGENCE SURVEILLANCE COURT OF REVIEW.— 
If the court established under subsection (a) 
appoints an amicus curiae under paragraph 
(2)(A) to assist the Court in the consideration 
of any matter presented to the Court under this 
Act and the Court makes a decision with re-
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‘‘(i) the number of applications for re-
ferral received by the Court or the Court 
of Review, as applicable, during the most 
recently concluded calendar year; and 
‘‘(ii) the number of such applications 
for referral that were granted by the Court 
or the Court of Review, as applicable, dur-
ing such calendar year.’’. 
(3) ASSISTANCE.—Section 103(i)(6) of such 
Act, as redesignated, is further amended to read as 
follows: 
‘‘(6) ASSISTANCE.—Any individual designated 
pursuant to paragraph (1) may raise a legal or tech-
nical issue or any other issue with the Court or the 
Court of Review at any time. If an amicus curiae is 
appointed under paragraph (2)(A)— 
‘‘(A) the court shall notify all other amicus 
curiae designated under paragraph (1) of such 
appointment; 
‘‘(B) the appointed amicus curiae may re-
quest, either directly or through the court, the 
assistance of the other amici curiae designated 
under paragraph (1); and 
‘‘(C) all amici curiae designated under 
paragraph (1) may provide input to the court 
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whether or not such input was formally re-
quested by the court or the appointed amicus 
curiae.’’. 
(4) 
ACCESS
TO
INFORMATION.—Section 
103(i)(7) of such Act, as redesignated, is further 
amended— 
(A) in subparagraph (A)— 
(i) in clause (i)— 
(I) by striking ‘‘that the court’’ 
and inserting the following: ‘‘that— 
‘‘(I) the court’’; and 
(II) by striking ‘‘and’’ at the end 
and inserting the following: ‘‘or 
‘‘(II) are cited by the Govern-
ment in an application or case with 
respect to which an amicus curiae is 
assisting a court under this sub-
section;’’; 
(ii) by redesignating clause (ii) as 
clause (iii); and 
(iii) by inserting after clause (i) the 
following: 
‘‘(ii) 
shall 
have 
access 
to 
an 
unredacted copy of each decision made by 
a court established under subsection (a) or 
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(b) in which the court decides a question 
of law, notwithstanding whether the deci-
sion is classified; and’’; 
(B) in subparagraph (B), by striking 
‘‘may’’ and inserting ‘‘shall’’; and 
(C) in subparagraph (C)— 
(i) in the subparagraph heading, by 
striking ‘‘CLASSIFIED INFORMATION’’ and 
inserting ‘‘ACCESS TO INFORMATION’’; 
(ii) by striking ‘‘court may have ac-
cess’’ and inserting the following: ‘‘court— 
‘‘(i) shall have access to unredacted 
copies of each opinion, order, transcript, 
pleading, or other document of the Court 
and the Court of Review; and 
‘‘(ii) may have access’’; and 
(iii) in clause (ii), as designated by 
clause (ii) of this subparagraph, by strik-
ing ‘‘and to the extent consistent with the 
national security of the United States’’. 
(5) PUBLIC NOTICE AND RECEIPT OF BRIEFS 
FROM THIRD PARTIES.—Section 103(i) of such Act, 
as amended by this subsection, is further amended 
by adding at the end the following: 
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‘‘(13) PUBLIC NOTICE AND RECEIPT OF BRIEFS 
FROM
THIRD
PARTIES.—Whenever a court estab-
lished under subsection (a) or (b) considers a novel 
a question of law that can be considered without dis-
closing classified information, sources, or methods, 
the court shall, to the greatest extent practicable, 
consider such question in an open manner— 
‘‘(A) by publishing on its Internet website 
each question of law that the court is consid-
ering; and 
‘‘(B) by accepting briefs from third parties 
relating to the question under consideration by 
the court.’’. 
(b) PARTICIPATION OF AMICI CURIAE IN OVERSIGHT 
OF AUTHORIZATIONS FOR TARGETING OF CERTAIN PER-
SONS OUTSIDE
THE UNITED STATES OTHER THAN 
UNITED STATES PERSONS.— 
(1) IN
GENERAL.—Section 702(j)(2) of such 
Act (50 U.S.C. 1881a(j)(2)) is amended— 
(A) in subparagraph (B), by redesignating 
clauses (i) and (ii) as subclauses (I) and (II), 
respectively, and adjusting the indentation of 
the margin of such subclauses, as so redesig-
nated, two ems to the right; 
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(B) by redesignating subparagraphs (A) 
through (C) as clauses (i) through (iii), respec-
tively, and adjusting the indentation of the 
margin of such clauses, as so redesignated, two 
ems to the right; 
(C) by inserting before clause (i), as redes-
ignated by subparagraph (B), the following: 
‘‘(A) IN GENERAL.—’’; and 
(D) by adding at the end the following: 
‘‘(B) PARTICIPATION BY AMICI CURIAE.— 
In reviewing a certification under subparagraph 
(A)(i), the Court shall randomly select an ami-
cus curiae designated under section 103(i) to 
assist with such review.’’. 
(2) SCHEDULE.—Section 702(j)(5)(A) of such 
Act is amended by striking ‘‘at least 30 days prior 
to the expiration of such authorization’’ and insert-
ing ‘‘such number of days before the expiration of 
such authorization as the Court considers necessary 
to comply with the requirements of paragraph 
(2)(B) or 30 days, whichever is greater’’. 
(c) PUBLIC NOTICE OF QUESTIONS OF LAW CER-
TIFIED FOR REVIEW.—Section 103(j) of such Act (50 
U.S.C. 1803(j)) is amended— 
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(1) by striking ‘‘Following’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Following’’; and 
(2) by adding at the end the following: 
‘‘(2) PUBLIC NOTICE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), whenever a court established 
under subsection (a) certifies a question of law 
for review under paragraph (1) of this sub-
section, the court shall publish on its Internet 
website— 
‘‘(i) a notice of the question of law to 
be reviewed; and 
‘‘(ii) briefs submitted by the parties, 
which may be redacted at the discretion of 
the court to protect sources, methods, and 
other classified information. 
‘‘(B) PROTECTION OF CLASSIFIED INFOR-
MATION, SOURCES, AND METHODS.—Subpara-
graph (A) shall apply to the greatest extent 
practicable, consistent with otherwise applicable 
law on the protection of classified information, 
sources, and methods.’’. 
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SEC. 302. REFORMS TO THE FOREIGN INTELLIGENCE SUR-
VEILLANCE COURT. 
(a) FISA COURT JUDGES.— 
(1) NUMBER AND DESIGNATION OF JUDGES.— 
Section 103(a)(1) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1803(a)(1)) is 
amended to read as follows: 
‘‘(1)(A) There is a court which shall have jurisdiction 
to hear applications for and to grant orders approving 
electronic surveillance anywhere within the United States 
under the procedures set forth in this Act. 
‘‘(B)(i) The court established under subparagraph 
(A) shall consist of 13 judges, one of whom shall be des-
ignated from each judicial circuit (including the United 
States Court of Appeals for the District of Columbia and 
the United States Court of Appeals for the Federal Cir-
cuit). 
‘‘(ii) The Chief Justice of the United States shall— 
‘‘(I) designate each judge of the court estab-
lished under subparagraph (A) from the nominations 
made under subparagraph (C); and 
‘‘(II) make the name of each judge of such 
court available to the public. 
‘‘(C)(i) When a vacancy occurs in the position of a 
judge of the court established under subparagraph (A) 
from a judicial circuit, the chief judge of the circuit shall 
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propose a district judge for a judicial district within the 
judicial circuit to be designated for that position. 
‘‘(ii) If the Chief Justice does not designate a district 
judge proposed under clause (i), the chief judge shall pro-
pose 2 other district judges for a judicial district within 
the judicial circuit to be designated for that position and 
the Chief Justice shall designate 1 such district judge to 
that position. 
‘‘(D) No judge of the court established under sub-
paragraph (A) (except when sitting en banc under para-
graph (2)) shall hear the same application for electronic 
surveillance under this Act which has been denied pre-
viously by another judge of such court. 
‘‘(E) If any judge of the court established under sub-
paragraph (A) denies an application for an order author-
izing electronic surveillance under this Act, such judge 
shall provide immediately for the record a written state-
ment of each reason for the judge’s decision and, on mo-
tion of the United States, the record shall be transmitted, 
under seal, to the court of review established in subsection 
(b).’’. 
(2) TENURE.—Section 103(d) of such Act is 
amended by striking ‘‘redesignation,’’ and all that 
follows through the end and inserting ‘‘redesigna-
tion.’’. 
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(3) IMPLEMENTATION.— 
(A) INCUMBENTS.—A district judge des-
ignated to serve on the court established under 
subsection (a) of such section before the date of 
enactment of this Act may continue to serve in 
that position until the end of the term of the 
district judge under subsection (d) of such sec-
tion, as in effect on the day before the date of 
the enactment of this Act. 
(B) INITIAL APPOINTMENT AND TERM.— 
Notwithstanding any provision of such section, 
as amended by paragraphs (1) and (2), and not 
later than 180 days after the date of enactment 
of this Act, the Chief Justice of the United 
States shall— 
(i) designate a district court judge 
who is serving in a judicial district within 
the District of Columbia circuit and pro-
posed by the chief judge of such circuit to 
be a judge of the court established under 
section 103(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 
1803(a)) for an initial term of 7 years; and 
(ii) designate a district court judge 
who is serving in a judicial district within 
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the Federal circuit and proposed by the 
chief judge of such circuit to be a judge of 
such court for an initial term of 4 years. 
(b) COURT OF REVIEW.—Section 103(b) of such Act 
is amended— 
(1) by striking ‘‘The Chief Justice’’ and insert-
ing ‘‘(1) Subject to paragraph (2), the Chief Jus-
tice’’; and 
(2) by adding at the end the following: 
‘‘(2) The Chief Justice may designate a district court 
judge or circuit court judge to a position on the court es-
tablished under paragraph (1) only if at least 5 associate 
justices approve the designation of such individual.’’. 
SEC. 303. STUDY AND REPORT ON DIVERSITY AND REP-
RESENTATION ON THE FISA COURT AND THE 
FISA COURT OF REVIEW. 
(a) STUDY.—The Committee on Intercircuit Assign-
ments of the Judicial Conference of the United States 
shall conduct a study on how to ensure judges are ap-
pointed to the court established under subsection (a) of 
section 103 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803) and the court established under 
subsection (b) of such section in a manner that ensures 
such courts are diverse and representative. 
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(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Committee on Intercir-
cuit Assignments shall submit to Congress a report on the 
study carried out under subsection (a). 
SEC. 304. REFORMS OF THE PRIVACY AND CIVIL LIBERTIES 
OVERSIGHT BOARD. 
(a) INCLUSION OF FOREIGN INTELLIGENCE ACTIVI-
TIES IN OVERSIGHT AUTHORITY OF THE PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD.—Section 1061 of 
the Intelligence Reform and Terrorism Prevention Act of 
2004 (42 U.S.C. 2000ee) is amended— 
(1) in subsection (c), by inserting ‘‘and to con-
duct foreign intelligence activities’’ after ‘‘terrorism’’ 
each place such term appears; and 
(2) in subsection (d), ‘‘and to conduct foreign 
intelligence activities’’ after ‘‘terrorism’’ each place 
such term appears. 
(b) SUBMISSION OF WHISTLEBLOWER COMPLAINTS 
TO
THE PRIVACY
AND CIVIL LIBERTIES OVERSIGHT 
BOARD.— 
(1) IN GENERAL.—Such section, as amended by 
subsection (a), is further amended— 
(A) in subsection (d), by adding at the end 
the following: 
‘‘(5) WHISTLEBLOWER COMPLAINTS.— 
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‘‘(A) SUBMISSION
TO
BOARD.—An em-
ployee of, or contractor or detailee to, an ele-
ment of the intelligence community may submit 
to the Board a complaint or information that 
such employee, contractor, or detailee believes 
relates to a privacy or civil liberties concern. 
The confidentiality provisions under section 
2409(b)(3) of title 10, United States Code, 
shall apply to a submission under this subpara-
graph. Any disclosure under this subparagraph 
shall be protected against discrimination under 
the procedures, burdens of proof, and remedies 
set forth in section 2409 of such title. 
‘‘(B) AUTHORITY OF BOARD.—The Board 
may take such action as the Board considers 
appropriate with respect to investigating a com-
plaint or information submitted under subpara-
graph (A) or transmitting such complaint or in-
formation to any other Executive agency or the 
congressional intelligence committees. 
‘‘(C) RELATIONSHIP TO EXISTING LAWS.— 
The authority under subparagraph (A) of an 
employee, contractor, or detailee to submit to 
the Board a complaint or information shall be 
in addition to any other authority under an-
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other provision of law to submit a complaint or 
information. Any action taken under any other 
provision of law by the recipient of a complaint 
or information shall not preclude the Board 
from taking action relating to the same com-
plaint or information. 
‘‘(D) RELATIONSHIP TO ACTIONS TAKEN 
UNDER OTHER LAWS.—Nothing in this para-
graph shall prevent— 
‘‘(i) any individual from submitting a 
complaint or information to any authorized 
recipient of the complaint or information; 
or 
‘‘(ii) the recipient of a complaint or 
information from taking independent ac-
tion on the complaint or information.’’; 
and 
(B) by adding at the end the following: 
‘‘(n) DEFINITIONS.—In this section, the terms ‘con-
gressional intelligence committees’ and ‘intelligence com-
munity’ have the meanings given such terms in section 
3 of the National Security Act of 1947 (50 U.S.C. 
3003).’’. 
(2) PROHIBITED PERSONNEL PRACTICES.—Sec-
tion 2302(b)(8)(B) of title 5, United States Code, is 
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amended, in the matter preceding clause (i), by 
striking ‘‘or to the Inspector General of an agency 
or another employee designated by the head of the 
agency to receive such disclosures’’ and inserting 
‘‘the Inspector General of an agency, a supervisor in 
the employee’s direct chain of command (up to and 
including the head of the employing agency), the 
Privacy and Civil Liberties Oversight Board, or an 
employee designated by any of the aforementioned 
individuals for the purpose of receiving such disclo-
sures’’. 
(c) PRIVACY
AND CIVIL LIBERTIES OVERSIGHT 
BOARD SUBPOENA POWER.—Subsection (g) of section 
1061 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee) is amended— 
(1) in paragraph (1)(D), by striking ‘‘submit a 
written request to the Attorney General of the 
United States that the Attorney General’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraphs (3) through 
(5) as paragraphs (2) through (4), respectively. 
(d) TENURE AND COMPENSATION OF PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD MEMBERS
AND 
STAFF.— 
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(1) IN GENERAL.—Such section, as amended by 
subsections (a) and (b), is further amended— 
(A) in subsection (h)— 
(i) in paragraph (1), by inserting 
‘‘full-time’’ after ‘‘4 additional’’; and 
(ii) in paragraph (4)(B), by striking 
‘‘, except that’’ and all that follows 
through the end and inserting a period; 
(B) in subsection (i)(1)— 
(i) in subparagraph (A), by striking 
‘‘level III of the Executive Schedule under 
section 5314’’ and inserting ‘‘level II of the 
Executive Schedule under section 5313’’; 
and 
(ii) in subparagraph (B), by striking 
‘‘level IV of the Executive Schedule’’ and 
all that follows through the end and insert-
ing ‘‘level III of the Executive Schedule 
under section 5314 of title 5, United 
States Code.’’; and 
(C) in subsection (j)(1), by striking ‘‘level 
V of the Executive Schedule under section 
5316’’ and inserting ‘‘level IV of the Executive 
Schedule under section 5315’’. 
(2) EFFECTIVE DATE; APPLICABILITY.— 
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(A) IN GENERAL.—The amendments made 
by paragraph (1)— 
(i) shall take effect on the date of the 
enactment of this Act; and 
(ii) except as provided in paragraph 
(2), shall apply to any appointment to a 
position as a member of the Privacy and 
Civil Liberties Oversight Board made on or 
after the date of the enactment of this Act. 
(B) EXCEPTIONS.— 
(i) COMPENSATION
CHANGES.—The 
amendments 
made 
by 
subparagraphs 
(B)(i) and (C) of paragraph (1) shall take 
effect on the first day of the first pay pe-
riod beginning after the date of the enact-
ment of this Act. 
(ii) ELECTION TO SERVE FULL TIME 
BY INCUMBENTS.— 
(I) IN GENERAL.—An individual 
serving as a member of the Privacy 
and Civil Liberties Oversight Board 
on the date of the enactment of this 
Act, including a member continuing to 
serve as a member under section 
1061(h)(4)(B) of the Intelligence Re-
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form and Terrorism Prevention Act of 
2004 (42 U.S.C. 2000ee(h)(4)(B)), 
(referred to in this clause as a ‘‘cur-
rent member’’) may make an election 
to— 
(aa) serve as a member of 
the Privacy and Civil Liberties 
Oversight Board on a full-time 
basis and in accordance with sec-
tion 1061 of the Intelligence Re-
form and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee), 
as amended by this section; or 
(bb) serve as a member of 
the Privacy and Civil Liberties 
Oversight Board on a part-time 
basis in accordance with such 
section 1061, as in effect on the 
day before the date of the enact-
ment of this Act, including the 
limitation on service after the ex-
piration of the term of the mem-
ber under subsection (h)(4)(B) of 
such section, as in effect on the 
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day before the date of the enact-
ment of this Act. 
(II) ELECTION TO SERVE FULL 
TIME.—A current member making an 
election under subclause (I)(aa) shall 
begin serving as a member of the Pri-
vacy and Civil Liberties Oversight 
Board on a full-time basis on the first 
day of the first pay period beginning 
not less than 60 days after the date 
on which the current member makes 
such election. 
(e) PROVISION OF INFORMATION ABOUT GOVERN-
MENT ACTIVITIES UNDER THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND CIVIL 
LIBERTIES OVERSIGHT BOARD.—The Attorney General 
shall fully inform the Privacy and Civil Liberties Oversight 
Board about any activities carried out by the Government 
under the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), including by providing to the 
Board— 
(1) copies of each detailed report submitted to 
a committee of Congress under such Act; and 
(2) copies of each decision, order, and opinion 
of the Foreign Intelligence Surveillance Court or the 
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Foreign Intelligence Surveillance Court of Review re-
quired to be included in the report under section 
601(a) of such Act (50 U.S.C. 1871(a)). 
SEC. 305. CLARIFICATION OF APPLICABILITY OF REQUIRE-
MENT TO DECLASSIFY SIGNIFICANT DECI-
SIONS OF FOREIGN INTELLIGENCE SURVEIL-
LANCE COURT AND FOREIGN INTELLIGENCE 
SURVEILLANCE COURT OF REVIEW. 
(a) CLARIFICATION OF APPLICABILITY.—Section 602 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1872) shall apply with respect to decisions, orders, 
and opinions described in subsection (a) of such section 
that were issued on, before, or after the date of the enact-
ment of the Uniting and Strengthening America by Ful-
filling Rights and Ensuring Effective Discipline Over 
Monitoring Act of 2015 (Public Law 114–23). 
(b) PERIOD
FOR PUBLICATION.—Such section is 
amended by adding at the end the following: 
‘‘(d) PERIOD FOR PUBLICATION.—The Director of 
National Intelligence shall ensure that, for each decision, 
order, and opinion described in subsection (a), not later 
than 180 days after the date of the decision, order, or 
opinion— 
‘‘(1) the declassification review required by such 
subsection is completed; and 
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(A) 
in 
section 
1101(1) 
(12 
U.S.C. 
3401(1)) by striking ‘‘, except as provided in 
section 1114,’’; 
(B) in section 1102 (12 U.S.C. 3402), in 
the matter preceding paragraph (1) by striking 
‘‘, 1113, or 1114’’ and inserting ‘‘or 1113’’; 
and 
(C) in section 1109 (12 U.S.C. 3409)— 
(i) by striking subsection (c); and 
(ii) by redesignating subsection (d) as 
subsection (c); 
(2) section 1510(e) of title 18, United States 
Code, is amended by striking ‘‘confidentiality re-
quirements’’ and all that follows through ‘‘National 
Security Act of 1947 (50 U.S.C. 436(b)(1)),’’ and 
inserting ‘‘confidentiality requirements under section 
802(b)(1) of the National Security Act of 1947 (50 
U.S.C. 3162(b)(1)),’’; 
(3) the table of sections for chapter 121 of title 
18, United States Code, is amended by striking the 
item relating to section 2709; 
(4) the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) is amended— 
(A) in section 603 (50 U.S.C. 1873)— 
(i) in subsection (b)— 
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(I) in paragraph (5), by adding 
‘‘and’’ at the end; 
(II) in paragraph (6), by striking 
‘‘; and’’ and inserting a period; and 
(III) by striking paragraph (7); 
and 
(ii) in subsection (e)— 
(I) by striking paragraph (3); 
and 
(II) by redesignating paragraphs 
(4) and (5) as paragraphs (3) and 
(4), respectively; 
(B) in section 801(8)(B)(2) (50 U.S.C. 
1885(8)(B)(2)), by striking ‘‘or 2709(b)’’; and 
(C) in section 802(a)(2) (50 U.S.C. 
1885a(a)(2)), by striking ‘‘or 2709(b)’’; and 
(5) section 507 of the National Security Act of 
1947 (50 U.S.C. 3106) is amended— 
(A) by striking subsection (b) and insert-
ing the following: 
‘‘(b) SEMIANNUAL REPORTS.—The dates for the sub-
mittal to the congressional intelligence committees of the 
semiannual reports on decisions not to prosecute certain 
violations of law under the Classified Information Proce-
dures Act (18 U.S.C. App.) as required by section 13 of 
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that Act shall be the dates each year provided in sub-
section (c)(2).’’; 
(B) in subsection (c)(2), by striking ‘‘each 
semiannual’’ and inserting ‘‘the semiannual’’; 
and 
(C) in subsection (d)(1)(B), by striking ‘‘a 
semiannual’’ and inserting ‘‘the semiannual’’. 
TITLE V—OTHER MATTERS 
SEC. 501. LIMITATION ON COLLECTION WITHOUT EXPRESS 
STATUTORY AUTHORITY. 
(a) PROHIBITION ON INTERCEPTION AND DISCLO-
SURE
OF WIRE, ORAL, OR ELECTRONIC COMMUNICA-
TIONS.—Section 2511(2)(f) of title 18, United States 
Code, is amended by inserting— 
(1) by inserting ‘‘(i)’’ after ‘‘acquisition by the 
United States Government of’’; 
(2) by inserting ‘‘if the acquisition (I) is pursu-
ant to express statutory authority or (II) does not 
include information of United States persons or per-
sons inside the United States’’ after ‘‘international 
or foreign communications’’; and 
(3) by inserting ‘‘(ii)’’ before ‘‘foreign intel-
ligence activities conducted in accordance with’’. 
(b) VOLUNTARY DISCLOSURE OF CUSTOMER COMMU-
NICATIONS OR RECORDS.—Section 2702(a) of title 18, 
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United States Code, is amended by striking ‘‘to the pub-
lic’’ each place it appears. 
(c) 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 collected for intelligence purposes from 
a person or entity located in the United States that pro-
vides telecommunications, electronic communication or re-
mote computing services. 
(d) EXCLUSIVE MEANS RELATED TO CELL SITE LO-
CATION, GLOBAL POSITIONING SYSTEM INFORMATION, 
WEB BROWSING HISTORY, AND INTERNET SEARCH HIS-
TORY.—Title I and sections 303, 304, 703, 704, and 705 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq., 1823, 1824, 1881b, 1881c, 1881d) 
shall be the exclusive means by which cell site location, 
global positioning system information, web browsing his-
tory, and Internet search history of United States persons 
or persons inside the United States are collected for intel-
ligence purposes from a person or entity located in the 
United States. 
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(e) 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 collected for intelligence purposes from a person 
or entity located in the United States if the compelled pro-
duction of such information, records, data, or tangible 
things would require a warrant for law enforcement pur-
poses. 
(f) UNITED STATES PERSON DEFINED.—In this sec-
tion, the term ‘‘United States person’’ has the meaning 
given that term in section 101(i) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801(i)). 
Æ 
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