Title: USA FREEDOM Reauthorization Act of 2020
Policy area: Armed Forces and National Security

Summary:
USA FREEDOM Reauthorization Act of 2020
This bill modifies provisions related to foreign intelligence surveillance. Among other things, the bill (1) repeals authorities providing for ongoing access to call detail records; (2) requires the Office of the Director of National Intelligence to decide whether to declassify a significant Foreign Intelligence Surveillance Court decision within 180 days of the decision; and (3) requires government officers to disclose all relevant information, including any exculpatory information, when applying for a court order under certain foreign surveillance authorities.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3421 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3421

To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit 
  the production of certain business records, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2020

    Mr. Lee (for himself, Mr. Leahy, and Mr. Cramer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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 Representatives 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

Sec. 101. Repeal of authority to access on an ongoing basis call detail 
                            records.
Sec. 102. Civil liberties protections in use of authority to access 
                            business records.
Sec. 103. Protection of information otherwise requiring warrant.
Sec. 104. Protecting Fourth Amendment rights of United States persons.
Sec. 105. Use of information.
Sec. 106. Exclusions from authority to access business records.
Sec. 107. Effective date.
           TITLE II--FOREIGN INTELLIGENCE SURVEILLANCE COURT

Sec. 201. Declassification of significant decisions, orders, and 
                            opinions.
Sec. 202. Appointment of amici curiae and access to information.
Sec. 203. Disclosure of relevant information; Inspector General 
                            oversight.
Sec. 204. Information provided in annual reports.
                        TITLE III--OTHER MATTERS

Sec. 301. Mandatory reporting on certain orders.
Sec. 302. Improvements to Privacy and Civil Liberties Oversight Board.
Sec. 303. Report on use of FISA authorities regarding protected 
                            activities and protected classes.
Sec. 304. Sunsets.
Sec. 305. 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 ONGOING BASIS CALL DETAIL 
              RECORDS.

    (a) Call Detail Records.--
            (1) Repeal.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) 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(a)) is 
        amended by adding at the end the following:
    ``(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.--Section 501(c) (50 U.S.C. 1861(c)) is 
        amended--
                    (A) in paragraph (1), by striking ``with subsection 
                (b)(2)(D)'' and inserting ``with subsection 
                (b)(2)(C)''; and
                    (B) in paragraph (2), by striking subparagraph (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.--Section 501(j) (50 U.S.C. 1861(j)) is 
        amended to read as follows:
    ``(j) Compensation.--The Government shall compensate a person for 
reasonable expenses incurred for providing technical assistance to the 
Government under this section.''.
            (3) Definitions.--Section 501(k)(4)(B) (50 U.S.C. 
        1861(k)(4)(B)) 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), respectively.
            (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 
                                striking ``; 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 
                                subparagraph, by striking ``any 
                                database of'';
                            (iii) by striking paragraph (6); 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 inserting 
                        ``either of paragraphs (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).

SEC. 102. CIVIL LIBERTIES PROTECTIONS IN USE OF AUTHORITY TO ACCESS 
              BUSINESS RECORDS.

    Section 501(a)(2)(B) (50 U.S.C. 1861(a)(2)(B)) is amended by 
striking ``solely'' and inserting ``substantially''.

SEC. 103. PROTECTION OF INFORMATION OTHERWISE REQUIRING WARRANT.

    Section 501(a) (50 U.S.C. 1861(a)), as amended by section 101 of 
this Act, is amended by adding at the end the following:
    ``(5) An application under paragraph (1) may not seek an order 
authorizing or requiring the production of a tangible thing if the 
compelled production of such thing would require a warrant for law 
enforcement purposes.''.

SEC. 104. PROTECTING FOURTH AMENDMENT RIGHTS OF UNITED STATES PERSONS.

    Section 501(b) (50 U.S.C. 1861(b)), as amended by section 101(a)(1) 
of this Act, is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) for an order seeking information concerning a known 
        United States person shall demonstrate probable cause to 
        believe that the person--
                    ``(A) is an agent of a foreign power; or
                    ``(B) has been or will soon be involved in an act 
                of terrorism or in clandestine intelligence activities 
                in violation of the law.''.

SEC. 105. USE OF INFORMATION.

    Section 501(h) (50 U.S.C. 1861(h)) is amended--
            (1) by striking ``Information acquired'' and inserting the 
        following:
            ``(1) In general.--Information acquired''; and
            (2) by adding at the end the following:
            ``(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; and
                    ``(B) in carrying out subparagraph (A), a person 
                shall be deemed to be an aggrieved person if--
                            ``(i) the person is the target of such an 
                        investigation; or
                            ``(ii) the activities or communications of 
                        the person are described in any tangible thing 
                        collected pursuant to such an investigation.''.

SEC. 106. EXCLUSIONS FROM AUTHORITY TO ACCESS BUSINESS RECORDS.

    Section 501(k) (50 U.S.C. 1861(k)) is amended by adding at the end 
the following:
            ``(5) The term `tangible thing' does not include the 
        following:
                    ``(A) Location information, including cell site 
                location and global positioning system information.
                    ``(B) Internet use information, including website 
                browsing information and internet search history 
                information.
                    ``(C) Medical and health-related records.''.

SEC. 107. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date of 
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--FOREIGN INTELLIGENCE SURVEILLANCE COURT

SEC. 201. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND 
              OPINIONS.

    (a) Timing of Declassification.--Section 602(a) (50 U.S.C. 1872(a)) 
is amended by adding at the end the following: ``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 Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review issues such decision, order, 
or opinion.''.
    (b) Matters Covered.--Section 602(a) (50 U.S.C. 1872(a)), as 
amended by subsection (a) of this section, is amended--
            (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 described in 
        paragraph (2) and,''; and
            (3) by adding at the end the following:
            ``(2) The decisions, orders, or opinions issued by the 
        Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review described in this 
        paragraph are such decisions, orders, or opinions that--
                    ``(A) include a significant construction or 
                interpretation 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 amicus 
                curiae has been appointed pursuant to section 
                103(i).''.
    (c) Application of Requirement.--
            (1) In general.--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 Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review before, on, or after 
        the date of enactment of that section.
            (2) Past decisions, orders, and opinions.--With respect to 
        each decision, order, or opinion described in paragraph (1) 
        that was issued before or on the date of enactment referred to 
        in that paragraph, the Director of National Intelligence shall 
        complete the declassification review and public release of the 
        decision, order, or opinion pursuant to section 602 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1872) 
        by not later than 1 year after the date of enactment of this 
        Act.

SEC. 202. APPOINTMENT OF AMICI CURIAE AND ACCESS TO INFORMATION.

    (a) Expansion of Appointment Authority.--
            (1) In general.--Section 103(i)(2) (50 U.S.C. 1803(i)(2)) 
        is amended by striking subparagraph (A) and inserting the 
        following:
                    ``(A) shall appoint an individual who has been 
                designated under paragraph (1) and who possesses 
                expertise in privacy and civil liberties 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 
                        interpretation of the law, unless the court 
                        issues a finding that such appointment is not 
                        appropriate;
                            ``(ii) presents significant concerns with 
                        respect to the activities of a United States 
                        person that are protected by the First 
                        Amendment to the Constitution of the United 
                        States, unless the court issues a finding that 
                        such appointment is not appropriate;
                            ``(iii) presents or involves a sensitive 
                        investigative matter, unless the court issues a 
                        finding that such appointment is not 
                        appropriate;
                            ``(iv) presents a request for approval of a 
                        new program, a new technology, or a new use of 
                        existing technology, unless the court issues a 
                        finding that such appointment is not 
                        appropriate;
                            ``(v) presents a request for 
                        reauthorization of programmatic surveillance, 
                        unless the court issues a finding that such 
                        appointment is not appropriate; or
                            ``(vi) otherwise presents civil liberties 
                        issues, unless the court issues a finding that 
                        such appointment is not appropriate; and''.
            (2) Definition of sensitive investigative matter.--Section 
        103(i) (50 U.S.C. 1803(i)) is amended by adding at the end the 
        following:
            ``(12) Definition.--In this subsection, the term `sensitive 
        investigative matter' means--
                    ``(A) an investigative matter involving the 
                activities of--
                            ``(i) a domestic public official or 
                        political candidate;
                            ``(ii) a domestic religious or political 
                        organization, or an individual prominent in 
                        such an organization; or
                            ``(iii) the domestic news media; or
                    ``(B) any other investigative matter that, in the 
                judgment of the applicable court established under 
                subsection (a) or (b), is as sensitive as an 
                investigative matter described in subparagraph (A).''.
    (b) Authority To Seek Review.--Section 103(i) (50 U.S.C. 1803(i)), 
as amended by subsection (a) of this section, is amended--
            (1) in paragraph (4)--
                    (A) in the paragraph heading, by inserting ``; 
                authority'' after ``Duties'';
                    (B) by redesignating subparagraphs (A), (B), and 
                (C) as clauses (i), (ii), and (iii), respectively, and 
                adjusting the margins accordingly;
                    (C) in the matter preceding clause (i), as so 
                designated, by striking ``the amicus curiae shall'' and 
                inserting the following: ``the amicus curiae--
                    ``(A) shall'';
                    (D) in subparagraph (A)(i), as so designated, by 
                inserting before the semicolon at the end the 
                following: ``, including legal arguments regarding any 
                colorable privacy or civil liberties interest of any 
                aggrieved United States person''; and
                    (E) by striking the period at the end and inserting 
                the following: ``; and
                    ``(B) may raise any issue with the court at any 
                time, regardless of whether the court has requested 
                assistance on that issue.'';
            (2) by redesignating paragraphs (7) through (12) as 
        paragraphs (8) through (13), respectively; and
            (3) by inserting after paragraph (6) the following:
            ``(7) Authority to seek review of decisions.--
                    ``(A) FISA court decisions.--
                            ``(i) Petition.--Following issuance of an 
                        order under this Act by the Foreign 
                        Intelligence Surveillance Court, an amicus 
                        curiae appointed under paragraph (2) may 
                        petition the court to certify for review to the 
                        Foreign Intelligence Surveillance Court of 
                        Review a question of law pursuant to subsection 
                        (j).
                            ``(ii) Appointment.--Upon certification of 
                        any question of law pursuant to this 
                        subparagraph, the Court of Review shall appoint 
                        the amicus curiae to assist the Court of Review 
                        in its consideration of the certified question, 
                        unless the Court of Review issues a finding 
                        that such appointment is not appropriate.
                    ``(B) FISA court of review decisions.--An amicus 
                curiae appointed under paragraph (2) may file a 
                petition for a writ of certiorari from the Supreme 
                Court of the United States for review of any decision 
                by the Foreign Intelligence Surveillance Court of 
                Review.
                    ``(C) Declassification of referrals.--For purposes 
                of section 602, a petition filed under subparagraph (A) 
                or (B) of this paragraph and all of its content shall 
                be considered a decision, order, or opinion issued by 
                the Foreign Intelligence Surveillance Court or the 
                Foreign Intelligence Surveillance Court of Review 
                described in paragraph (2) of section 602(a).''.
    (c) Access to Information.--
            (1) Application and materials.--Section 103(i)(6)(A) (50 
        U.S.C. 1803(i)(6)(A)) is amended by striking clauses (i) and 
        (ii) and inserting the following:
                            ``(i) shall have access to--
                                    ``(I) the application, 
                                certification, petition, motion, and 
                                other information and supporting 
                                materials, submitted to the Foreign 
                                Intelligence Surveillance Court in 
                                connection with the matter in which the 
                                amicus curiae has been appointed, 
                                including access to any relevant legal 
                                precedent (including any such precedent 
                                that is cited by the Government, 
                                including in such an application);
                                    ``(II) any other information or 
                                materials that the court determines is 
                                relevant to the duties of the amicus 
                                curiae; and
                                    ``(III) an unredacted copy of each 
                                relevant decision made by the Foreign 
                                Intelligence Surveillance Court or the 
                                Foreign Intelligence Surveillance Court 
                                of Review in which the court decides a 
                                question of law, without regard to 
                                whether the decision is classified; and
                            ``(ii) may make a submission to the court 
                        requesting access to any particular materials 
                        or information (or category of materials or 
                        information) that the amicus curiae believes to 
                        be relevant to the duties of the amicus 
                        curiae.''.
            (2) Clarification of access to certain information.--
        Section 103(i)(6) (50 U.S.C. 1803(i)(6)) is amended--
                    (A) in subparagraph (B), by striking ``may'' and 
                inserting ``shall''; and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) Classified information.--An amicus curiae 
                designated or appointed by the court shall have access 
                to unredacted copies of each opinion, order, 
                transcript, pleading, or other document of the Foreign 
                Intelligence Surveillance Court and the Foreign 
                Intelligence Surveillance Court of Review, including, 
                if the individual is eligible for access to classified 
                information, any classified documents, information, and 
                other materials or proceedings.''.
            (3) Consultation among amici curiae.--Section 103(i)(6) (50 
        U.S.C. 1803(i)(6)), as amended by paragraphs (1) and (2) of 
        this subsection, is amended--
                    (A) by redesignating subparagraphs (B), (C), and 
                (D) as subparagraphs (C), (D), and (E), respectively; 
                and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Consultation.--If the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review determines that it is 
                relevant to the duties of an amicus curiae appointed 
                under paragraph (2), the amicus curiae may consult with 
                one or more of the other individuals designated by the 
                court to serve as amicus curiae pursuant to paragraph 
                (1) regarding any of the information relevant to any 
                assigned proceeding.''.

SEC. 203. DISCLOSURE OF RELEVANT INFORMATION; INSPECTOR GENERAL 
              OVERSIGHT.

    (a) Disclosure of Relevant Information.--
            (1) In general.--The Foreign Intelligence Surveillance Act 
        of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the 
        end the following:

             ``TITLE IX--DISCLOSURE OF RELEVANT INFORMATION

``SECTION 901. DISCLOSURE OF RELEVANT INFORMATION.

    ``The Attorney General or any other Federal officer making an 
application for a court order under this Act shall provide the court 
with all information in the possession of the Government that is 
material to determining whether the application satisfies the 
applicable requirements under this Act, including any exculpatory 
information.''.
            (2) Technical amendment.--The table of contents of the 
        Foreign Intelligence Surveillance Act of 1978 is amended by 
        adding at the end the following:

             ``TITLE IX--DISCLOSURE OF RELEVANT INFORMATION

``Sec. 901. Disclosure of relevant information.''.
    (b) Inspector General Oversight.--
            (1) In general.--Title VI (50 U.S.C. 1871 et seq.) is 
        amended by adding at the end the following:

``SEC. 605. INSPECTOR GENERAL OVERSIGHT.

    ``(a) Annual Audit.--Each year, the Inspector General of the 
Department of Justice and the Inspector General of each element of the 
intelligence community shall each conduct an audit of the applications 
for court orders made by the Department or the element, respectively, 
under this Act during the preceding year.
    ``(b) Scope; Contents.--In conducting an audit under subsection 
(a), an Inspector General shall--
            ``(1) review a random sampling of applications made by the 
        Department or element, respectively; and
            ``(2) assess whether--
                    ``(A) the assertions made in each application were 
                adequately supported by evidence;
                    ``(B) each application included all material 
                information, including any exculpatory information, as 
                required under section 901; and
                    ``(C) each application meets constitutional and 
                legal requirements.''.
            (2) Technical amendment.--The table of contents of the 
        Foreign Intelligence Surveillance Act of 1978 is amended by 
        inserting after the item relating to section 604 the following:

``Sec. 605. Inspector General oversight.''.

SEC. 204. INFORMATION PROVIDED IN ANNUAL REPORTS.

    (a) Reports by Director of the Administrative Office of the United 
States Courts.--Section 603(a)(1) (50 U.S.C. 1873(a)(1)) is amended--
            (1) in subparagraph (E), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(G) the number of certifications by the Foreign 
                Intelligence Surveillance Court of Review pursuant to 
                section 103(j); and
                    ``(H) the number of requests to certify a question 
                made by an amicus curiae to the Foreign Intelligence 
                Surveillance Court of Review pursuant to section 
                103(i)(7).''.
    (b) Reports by Director of National Intelligence.--Section 
603(b)(5)(B) (50 U.S.C. 1873(b)(5)(B)), as amended by section 101 of 
this Act, is amended by inserting before the semicolon at the end the 
following: ``, including information received electronically and 
through hard copy and portable media''.

                        TITLE III--OTHER MATTERS

SEC. 301. MANDATORY REPORTING ON CERTAIN ORDERS.

    (a) Reporting on United States Person Queries.--Section 603(b)(2) 
(50 U.S.C. 1873(b)(2)) is amended--
            (1) in subparagraph (B), by striking ``the number of search 
        terms concerning a known United States person'' and inserting 
        ``the number of search terms that concern a known United States 
        person or are reasonably likely to identify a United States 
        person''; and
            (2) in subparagraph (C), by striking ``the number of 
        queries concerning a known United States person'' and inserting 
        ``the number of queries that concern a known United States 
        person or are reasonably likely to identify a United States 
        person''.
    (b) Modification to Exceptions.--Section 603(d)(2) (50 U.S.C. 
1873(d)(2)) is amended by striking ``information.--'' and all that 
follows through ``Paragraph (3)(B)'' and inserting ``information.--
Paragraph (3)(B)''.

SEC. 302. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    Section 1061(h)(4) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (42 U.S.C. 2000ee(h)(4)) is amended to read as 
follows:
            ``(4) Term.--
                    ``(A) Commencement.--Each member of the Board shall 
                serve a term of 6 years, commencing on the date of the 
                appointment of the member to the Board.
                    ``(B) Reappointment.--A member may be reappointed 
                to 1 or more additional terms.
                    ``(C) Vacancy.--A vacancy in the Board shall be 
                filled in the manner in which the original appointment 
                was made.
                    ``(D) Extension.--Upon the expiration of the term 
                of office of a member, the member may continue to 
                serve, at the election of the member--
                            ``(i) during the period preceding the 
                        reappointment of the member pursuant to 
                        subparagraph (B); or
                            ``(ii) until the earlier of--
                                    ``(I) the date on which the 
                                member's successor has been appointed 
                                and qualified; or
                                    ``(II) the date that is 2 years 
                                after the expiration of the member's 
                                term of office.''.

SEC. 303. REPORT ON USE OF FISA AUTHORITIES REGARDING PROTECTED 
              ACTIVITIES AND PROTECTED CLASSES.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Privacy and Civil Liberties Oversight Board shall make 
publicly available and submit to the appropriate congressional 
committees a report on the use of activities and protected classes 
described in subsection (b) in--
            (1) applications for orders made by the United States 
        Government under the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.); and
            (2) investigations for which such orders are sought.
    (b) Activities and Protected Classes Described.--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, and religious 
        affiliation.
    (c) Form.--In addition to the report made publicly available and 
submitted under subsection (a), the Board may submit to the appropriate 
congressional committees a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on the Judiciary and the Select Committee 
        on Intelligence of the Senate; and
            (2) the Committee on the Judiciary and the Permanent Select 
        Committee on Intelligence of the House of Representatives.

SEC. 304. SUNSETS.

    (a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (50 U.S.C. 1805 note) is amended by striking ``March 15, 
2020'' and inserting ``December 1, 2023''.
    (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) 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 1, 2023''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the earlier of the date of enactment of this Act or March 15, 
2020.

SEC. 305. TECHNICAL AMENDMENTS.

    (a) In General.--The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended as follows:
            (1) In section 103(e) (50 U.S.C. 1803(e)), by striking 
        ``702(h)(4)'' each place the term appears and inserting 
        ``702(i)(4)''.
            (2) In section 105(a)(4) (50 U.S.C. 1805(a)(4))--
                    (A) by striking ``section 104(a)(7)(E)'' and 
                inserting ``section 104(a)(6)(E)''; and
                    (B) by striking ``section 104(d)'' and inserting 
                ``section 104(c)''.
            (3) In section 501(a) (50 U.S.C. 1861(a)), by indenting 
        paragraph (3) 2 ems to the left.
            (4) In section 603(b)(2)(C) (50 U.S.C. 1873(b)(2)(C)), by 
        inserting ``and'' after the semicolon.
            (5) In section 702 (50 U.S.C. 1881a)--
                    (A) in subsection (h)(3), by striking ``subsection 
                (i)'' and inserting ``subsection (j)'';
                    (B) in subsection (j)(1), by striking ``subsection 
                (g)'' each place the term appears and inserting 
                ``subsection (h)''; and
                    (C) in the subsection heading of subsection (m), by 
                inserting a comma after ``Assessments''.
            (6) In section 801(8)(B)(iii) (50 U.S.C. 1885(8)(B)(iii)), 
        by striking ``702(h)'' and inserting ``702(i)''.
            (7) In section 802(a)(3) (50 U.S.C. 1885a(a)(3)), by 
        striking ``702(h)'' and inserting ``702(i)''.
    (b) References to Foreign Intelligence Surveillance Court and 
Foreign Intelligence Surveillance Court of Review.--
            (1) Definitions.--Section 101 (50 U.S.C. 1801) is amended 
        by adding at the end the following:
    ``(q) The term `Foreign Intelligence Surveillance Court' means the 
court established under section 103(a).
    ``(r) The terms `Foreign Intelligence Surveillance Court of Review' 
and `Court of Review' mean the court established under section 
103(b).''.
            (2) Conforming amendments.--The Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
                    (A) in section 102(a)(3) (50 U.S.C. 1802(a)(3)), by 
                striking ``the court established under section 103(a)'' 
                and inserting ``the Foreign Intelligence Surveillance 
                Court'';
                    (B) in section 103 (50 U.S.C. 1803)--
                            (i) in subsection (a)--
                                    (I) in paragraph (2)(A), by 
                                striking ``The court established under 
                                this subsection'' and inserting ``The 
                                Foreign Intelligence Surveillance 
                                Court''; and
                                    (II) by striking ``the court 
                                established under this subsection'' 
                                each place it appears and inserting 
                                ``the Foreign Intelligence Surveillance 
                                Court'';
                            (ii) in subsection (g)--
                                    (I) by striking ``the court 
                                established pursuant to subsection 
                                (a)'' and inserting ``the Foreign 
                                Intelligence Surveillance Court'';
                                    (II) by striking ``the court of 
                                review established pursuant to 
                                subsection (b)'' and inserting ``the 
                                Foreign Intelligence Surveillance Court 
                                of Review''; and
                                    (III) by striking ``The courts 
                                established pursuant to subsections (a) 
                                and (b)'' and inserting ``The Foreign 
                                Intelligence Surveillance Court and the 
                                Foreign Intelligence Surveillance Court 
                                of Review'';
                            (iii) in subsection (h), by striking ``a 
                        court established under this section'' and 
                        inserting ``the Foreign Intelligence 
                        Surveillance Court or the Foreign Intelligence 
                        Surveillance Court of Review'';
                            (iv) in subsection (i)--
                                    (I) in paragraph (1), by striking 
                                ``the courts established under 
                                subsections (a) and (b)'' and inserting 
                                ``the Foreign Intelligence Surveillance 
                                Court and the Foreign Intelligence 
                                Surveillance Court of Review'';
                                    (II) in paragraph (3)(B), by 
                                striking ``the courts'' and inserting 
                                ``the Foreign Intelligence Surveillance 
                                Court and the Foreign Intelligence 
                                Surveillance Court of Review'';
                                    (III) in paragraph (5), by striking 
                                ``the court'' and inserting ``the 
                                Foreign Intelligence Surveillance Court 
                                or the Foreign Intelligence 
                                Surveillance Court of Review, as the 
                                case may be,'';
                                    (IV) in paragraph (6), by striking 
                                ``the court'' each place it appears and 
                                inserting ``the Foreign Intelligence 
                                Surveillance Court or the Foreign 
                                Intelligence Surveillance Court of 
                                Review'';
                                    (V) by striking ``a court 
                                established under subsection (a) or 
                                (b)'' each place it appears and 
                                inserting ``the Foreign Intelligence 
                                Surveillance Court or the Foreign 
                                Intelligence Surveillance Court of 
                                Review''; and
                                    (VI) by striking ``A court 
                                established under subsection (a) or 
                                (b)'' each place it appears and 
                                inserting ``The Foreign Intelligence 
                                Surveillance Court or the Foreign 
                                Intelligence Surveillance Court of 
                                Review'';
                            (v) in subsection (j)--
                                    (I) by striking ``a court 
                                established under subsection (a)'' and 
                                inserting ``the Foreign Intelligence 
                                Surveillance Court''; and
                                    (II) by striking ``the court 
                                determines'' and inserting ``the 
                                Foreign Intelligence Surveillance Court 
                                determines'';
                            (vi) by striking ``the court established 
                        under subsection (a)'' each place it appears 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court''; and
                            (vii) by striking ``the court established 
                        under subsection (b)'' each place it appears 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court of Review'';
                    (C) in section 105(c) (50 U.S.C. 1805(c))--
                            (i) in paragraph (2)(B), by striking ``the 
                        Court'' and inserting ``the Foreign 
                        Intelligence Surveillance Court''; and
                            (ii) in paragraph (3), by striking ``the 
                        court'' each place it appears and inserting 
                        ``the Foreign Intelligence Surveillance 
                        Court'';
                    (D) in section 401 (50 U.S.C. 1841), by striking 
                ``, and `State''' and inserting ```State', `Foreign 
                Intelligence Surveillance Court', and `Foreign 
                Intelligence Surveillance Court of Review''';
                    (E) in section 402 (50 U.S.C. 1842)--
                            (i) in subsection (b)(1), by striking ``the 
                        court established by section 103(a) of this 
                        Act'' and inserting ``the Foreign Intelligence 
                        Surveillance Court''; and
                            (ii) in subsection (h)(2), by striking 
                        ``the court established under section 103(a)'' 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court'';
                    (F) in section 501 (50 U.S.C. 1861)--
                            (i) in subsection (b)(1), by striking ``the 
                        court established by section 103(a)'' and 
                        inserting ``the Foreign Intelligence 
                        Surveillance Court'';
                            (ii) in subsection (g)(3), by striking 
                        ``the court established under section 103(a)'' 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court''; and
                            (iii) in subsection (k)(1), by striking ``, 
                        and `State''' and inserting ```State', and 
                        `Foreign Intelligence Surveillance Court''';
                    (G) in section 502(c)(1)(E), by striking ``the 
                court established under section 103'' and inserting 
                ``the Foreign Intelligence Surveillance Court (as 
                defined by section 101)'';
                    (H) in section 801 (50 U.S.C. 1885)--
                            (i) in paragraph (8)(B)(i), by striking 
                        ``the court established under section 103(a)'' 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court''; and
                            (ii) by adding at the end the following:
            ``(10) Foreign intelligence surveillance court.--The term 
        `Foreign Intelligence Surveillance Court' means the court 
        established under section 103(a).''; and
                    (I) in section 802(a)(1) (50 U.S.C. 1885a(a)(1)), 
                by striking ``the court established under section 
                103(a)'' and inserting ``the Foreign Intelligence 
                Surveillance Court''.
    (c) Coordination With Other Amendments Made by This Act.--For 
purposes of applying amendments made by provisions of this Act other 
than this section, the amendments made by this section shall be treated 
as having been enacted immediately before any such amendments by other 
provisions of this Act.
                                 <all>