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

Summary:
USA FREEDOM Reauthorization Act of 2020
This bill reauthorizes through December 1, 2023, provisions related to intelligence gathering under the Foreign Intelligence and Surveillance Act (FISA) and amends FISA-related provisions.
The Federal Bureau of Investigation may not seek certain FISA-authorized orders to obtain (1) call detail records on an ongoing basis, (2) a tangible thing where a person has a reasonable expectation of privacy and a warrant would typically be required, or (3) cellular or GPS location information.
In applications for certain FISA-authorized orders to obtain information or conduct surveillance, the applicant must certify that the Department of Justice (DOJ) has received any information that might raise doubts about the application. The bill imposes additional requirements on FISA-authorized orders targeting a (1) U.S. person, or (2) federal elected official or candidate.
The bill increases criminal penalties for violations related to electronic surveillance conducted under color of law or false statements made to the Foreign Intelligence Surveillance Court (FISA court).
The bill broadens the criteria for when a FISA court decision shall be declassified and requires the declassification review and release of such opinions within 180 days of an opinion being issued.
The bill broadens the FISA court's authority to appoint an amicus curiae (an outside party that assists in consideration of a case) and expands such amici's powers, such as the power to ask the court to review a decision.
Each agency that submits applications to the FISA court shall appoint an officer responsible for compliance with FISA requirements.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6172 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6172

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2020

Mr. Nadler (for himself and Mr. Schiff) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
  to the Committees on Intelligence (Permanent Select), Oversight and 
    Reform, and Homeland Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of 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. Protection of certain information.
Sec. 103. Use of information.
Sec. 104. Limitation on retention of business record information.
Sec. 105. Effective date.
            TITLE II--ACCURACY AND INTEGRITY OF FISA PROCESS

Sec. 201. Certifications regarding accuracy of FISA applications.
Sec. 202. Description of techniques carried out before targeting United 
                            States person.
Sec. 203. Investigations relating to Federal candidates and elected 
                            Federal officials.
Sec. 204. Removal or suspension of Federal officers for misconduct 
                            before Foreign Intelligence Surveillance 
                            Court.
Sec. 205. Penalties for offenses related to FISA.
Sec. 206. Contempts constituting crimes.
Sec. 207. Effective date.
           TITLE III--FOREIGN INTELLIGENCE SURVEILLANCE COURT

Sec. 301. Declassification of significant decisions, orders, and 
                            opinions.
Sec. 302. Appointment of amici curiae and access to information.
Sec. 303. Effective and independent advice for Foreign Intelligence 
                            Surveillance Court.
Sec. 304. Transcripts of proceedings and communications regarding 
                            applications.
Sec. 305. Information provided in annual reports.
           TITLE IV--TRANSPARENCY, SUNSETS, AND OTHER MATTERS

Sec. 401. Congressional oversight.
Sec. 402. Establishment of compliance officers.
Sec. 403. Public reports on information obtained or derived under FISA 
                            and protection of First Amendment 
                            activities.
Sec. 404. Mandatory reporting on certain orders.
Sec. 405. Report on use of FISA authorities regarding protected 
                            activities and protected classes.
Sec. 406. Improvements to Privacy and Civil Liberties Oversight Board.
Sec. 407. Sunsets.
Sec. 408. Technical amendments.

SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

                     TITLE I--FISA BUSINESS RECORDS

SEC. 101. REPEAL OF AUTHORITY TO ACCESS ON AN ONGOING BASIS CALL DETAIL 
              RECORDS.

    (a) Call Detail Records.--
            (1) Repeal.--Subsection (b)(2) of section 501 (50 U.S.C. 
        1861) is amended--
                    (A) by striking subparagraph (C);
                    (B) in subparagraph (B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``in the case of'' and all that 
                        follows through ``in subparagraph (C)),''; and
                            (ii) in clause (iii), by striking the 
                        semicolon at the end and inserting ``; and''; 
                        and
                    (C) by redesignating subparagraph (D) as 
                subparagraph (C).
            (2) Prohibition.--Section 501(a) (50 U.S.C. 1861) is 
        amended by adding at the end the following new paragraph:
    ``(4) An application under paragraph (1) may not seek an order 
authorizing or requiring the production on an ongoing basis of call 
detail records.''.
    (b) Conforming Amendments.--
            (1) Orders.--Subsection (c) of section 501 (50 U.S.C. 1861) 
        is amended--
                    (A) in paragraph (1), by striking ``with subsection 
                (b)(2)(D)'' and inserting ``with 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.--Subsection (j) of section 501 (50 U.S.C. 
        1861) 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.--Subsection (k)(4)(B) of section 501 (50 
        U.S.C. 1861) is amended by striking ``For purposes of an 
        application submitted under subsection (b)(2)(C)'' and 
        inserting ``In the case of an application for a call detail 
        record''.
            (4) Oversight.--Section 502(b) (50 U.S.C. 1862(b)) is 
        amended--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraphs (5) through (8) as 
                paragraphs (4) through (7), 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) (as amended 
                        by clause (i) of this subparagraph); 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 paragraph (3) or (5)''; and
                            (ii) in paragraph (2)(A), by striking 
                        ``Paragraphs (2)(B), (2)(C), and (6)(C)'' and 
                        inserting ``Paragraphs (2)(B) and (2)(C)''.
            (6) Public reporting.--Section 604(a)(1)(F) (50 U.S.C. 
        1874(a)(1)(F)) is amended--
                    (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. PROTECTION OF CERTAIN INFORMATION.

    (a) Protection.--Subsection (a) of section 501 (50 U.S.C. 1861), as 
amended by section 101, is further amended by adding at the end the 
following new paragraph:
    ``(5)(A) An application under paragraph (1) may not seek an order 
authorizing or requiring the production of a tangible thing under 
circumstances in which a person has a reasonable expectation of privacy 
and a warrant would be required for law enforcement purposes.
    ``(B) An application under paragraph (1) may not seek an order 
authorizing or requiring the production of cell site location or global 
positioning system information.''.
    (b) Clarification of Emergency Authority for Cell Site Location or 
Global Positioning System Information.--The Attorney General may treat 
the production of cell site location or global positioning system 
information as electronic surveillance rather than business records for 
purposes of authorizing the emergency production of such information 
pursuant to section 105(e) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1805(e)).
    (c) Conforming Amendment.--Subsection (a) of section 501 (50 U.S.C. 
1861) is further amended by striking ``Subject to paragraph (3)'' and 
inserting ``Subject to paragraphs (3), (4), and (5)''.

SEC. 103. USE OF INFORMATION.

    Section 501(h) (50 U.S.C. 1861(h)) is amended--
            (1) by striking ``Information acquired'' and inserting the 
        following:
            ``(1) In general.--Information acquired''; and
            (2) by adding at the end the following new paragraphs:
            ``(2) Use in trials, hearings, or other proceedings.--For 
        purposes of subsections (b) through (h) of section 106--
                    ``(A) information obtained or derived from the 
                production of tangible things pursuant to an 
                investigation conducted under this section shall be 
                deemed to be information acquired from an electronic 
                surveillance pursuant to title I, unless the court or 
                other authority of the United States finds, in response 
                to a motion from the Government, that providing notice 
                to an aggrieved person would harm the national security 
                of the United States; and
                    ``(B) in carrying out subparagraph (A), a person 
                shall be deemed to be an aggrieved person if--
                            ``(i) the person is the target of such an 
                        investigation; and
                            ``(ii) the activities or communications of 
                        the person are described in the tangible things 
                        that the Government intends to use or disclose 
                        in any trial, hearing, or other proceeding.''.

SEC. 104. LIMITATION ON RETENTION OF BUSINESS RECORD INFORMATION.

    (a) Requirement.--Section 501(g) (50 U.S.C. 1861(g)) is amended--
            (1) in paragraph (2), by striking ``In this section'' and 
        inserting ``In accordance with paragraph (3), in this 
        section'';
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) Limitation on retention.--The minimization procedures 
        under paragraph (1) shall ensure that tangible things, and 
        information therein, received under this section may not be 
        retained in excess of 5 years, unless--
                    ``(A) the tangible thing or information has been 
                affirmatively determined, in whole or in part, to 
                constitute foreign intelligence or counterintelligence 
                or to be necessary to understand or assess foreign 
                intelligence or counterintelligence;
                    ``(B) the tangible thing or information is 
                reasonably believed to constitute evidence of a crime 
                and is retained by a law enforcement agency;
                    ``(C) the tangible thing or information is 
                enciphered or reasonably believed to have a secret 
                meaning;
                    ``(D) retention is necessary to protect against an 
                imminent threat to human life;
                    ``(E) retention is necessary for technical 
                assurance or compliance purposes, including a court 
                order or discovery obligation, in which case access to 
                the tangible thing or information retained for 
                technical assurance or compliance purposes shall be 
                reported to the Permanent Select Committee on 
                Intelligence and the Committee on the Judiciary of the 
                House of Representatives and the Select Committee on 
                Intelligence and the Committee on the Judiciary of the 
                Senate on an annual basis; or
                    ``(F) retention for a period in excess of 5 years 
                is approved by the Director of the Federal Bureau of 
                Investigation, based on a determination that retention 
                is necessary to protect the national security of the 
                United States, in which case the Director shall provide 
                to such committees a written certification describing--
                            ``(i) the reasons extended retention is 
                        necessary to protect the national security of 
                        the United States;
                            ``(ii) the duration for which the Director 
                        is authorizing retention;
                            ``(iii) generally the tangible things or 
                        information to be retained; and
                            ``(iv) the measures the Director is taking 
                        to protect the privacy interests of United 
                        States persons or persons located inside the 
                        United States.''.
    (b) Oversight.--Section 502(b) (50 U.S.C. 1862(b)) is amended--
            (1) in paragraph (7), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (8)(E), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) a description of each time that an exception to the 
        5-year limitation on the retention of information was made 
        pursuant to any of subparagraphs (C) through (E) of subsection 
        (g)(3) of section 501, including an explanation for each such 
        exception.''.

SEC. 105. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date of 
the enactment of this Act and shall apply with respect to applications 
made under section 501 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861) on or after such date.

            TITLE II--ACCURACY AND INTEGRITY OF FISA PROCESS

SEC. 201. CERTIFICATIONS REGARDING ACCURACY OF FISA APPLICATIONS.

    (a) Title I.--Subsection (a) of section 104 (50 U.S.C. 1804) is 
amended--
            (1) in paragraph (8), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(10) a certification by the applicant that, to the best 
        knowledge of the applicant, the attorney for the Government and 
        the Department of Justice has been apprised of all information 
        that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under section 105(a).''.
    (b) Title III.--Subsection (a) of section 303 (50 U.S.C. 1823) is 
amended--
            (1) in paragraph (7), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) a certification by the applicant that, to the best 
        knowledge of the applicant, the attorney for the Government and 
        the Department of Justice has been apprised of all information 
        that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under section 304(a).''.
    (c) Title IV.--Subsection (c) of section 402 (50 U.S.C. 1842) is 
amended--
            (1) in paragraph (2), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) a certification by the applicant that, to the best 
        knowledge of the applicant, the attorney for the Government and 
        the Department of Justice has been apprised of all information 
        that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under subsection (d).''.
    (d) Title V.--Subsection (b)(2) of section 501 (50 U.S.C. 1861), as 
amended by section 101, is further amended--
            (1) in subparagraph (B), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) a statement by the applicant that, to the 
                best knowledge of the applicant, the application fairly 
                reflects all information that might reasonably--
                            ``(i) call into question the accuracy of 
                        the application or the reasonableness of any 
                        assessment in the application conducted by the 
                        department or agency on whose behalf the 
                        application is made; or
                            ``(ii) otherwise raise doubts with respect 
                        to the findings required under subsection 
                        (c).''.
    (e) Title VII.--
            (1) Section 703.--Subsection (b)(1) of section 703 (50 
        U.S.C. 1881b) is amended--
                    (A) in subparagraph (I), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (J), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(K) a certification by the applicant that, to the 
                best knowledge of the applicant, the attorney for the 
                Government and the Department of Justice has been 
                apprised of all information that might reasonably--
                            ``(i) call into question the accuracy of 
                        the application or the reasonableness of any 
                        assessment in the application conducted by the 
                        department or agency on whose behalf the 
                        application is made; or
                            ``(ii) otherwise raise doubts with respect 
                        to the findings required under subsection 
                        (c).''.
            (2) Section 704.--Subsection (b) of section 704 (50 U.S.C. 
        1881c) is amended--
                    (A) in paragraph (6), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) a certification by the applicant that, to the best 
        knowledge of the applicant, the attorney for the Government and 
        the Department of Justice has been apprised of all information 
        that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under subsection (c).''.
    (f) Review of Case Files To Ensure Accuracy.--Not later than 180 
days after the date of the enactment of this Act, the Attorney General, 
in consultation with the Director of the Federal Bureau of 
Investigation, shall prescribe regulations regarding case files to 
ensure that applications submitted by the Federal Bureau of 
Investigation to the Foreign Intelligence Surveillance Court are 
accurate and complete.

SEC. 202. DESCRIPTION OF TECHNIQUES CARRIED OUT BEFORE TARGETING UNITED 
              STATES PERSON.

    (a) Title I.--Section 104(a)(6) (50 U.S.C. 1804(a)(6)) is amended--
            (1) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) with respect to a target who is a United 
                States person, including a statement describing the 
                investigative techniques carried out before making the 
                application; and''.
    (b) Title III.--Section 303(a)(6) (50 U.S.C. 1823(a)(6)) is 
amended--
            (1) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) with respect to a target who is a United 
                States person, includes a statement describing the 
                investigative techniques carried out before making the 
                application; and''.

SEC. 203. INVESTIGATIONS RELATING TO FEDERAL CANDIDATES AND ELECTED 
              FEDERAL OFFICIALS.

    (a) Title I.--Section 104(a)(6) (50 U.S.C. 1804(a)(6)), as amended 
by section 202, is further amended by adding at the end the following 
new subparagraph:
                    ``(G) if the target of the electronic surveillance 
                is an elected Federal official or a candidate in a 
                Federal election, that the Attorney General has 
                approved in writing of the investigation;''.
    (b) Title III.--Section 303(a)(6) (50 U.S.C. 1823(a)(6)), as 
amended by section 202, is further amended by adding at the end the 
following new subparagraph:
                    ``(G) if the target of the physical search is an 
                elected Federal official or a candidate in a Federal 
                election, that the Attorney General has approved in 
                writing of the investigation;''.

SEC. 204. REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MISCONDUCT 
              BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.

    Section 103 (50 U.S.C. 1803) is amended by adding at the end the 
following new subsection:
    ``(l) Removal or Suspension of Federal Officers for Misconduct 
Before Courts.--An employee, officer, or contractor of the United 
States Government who engages in deliberate misconduct with respect to 
proceedings before the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review shall be subject to 
appropriate adverse actions, including, as appropriate, suspension 
without pay or removal.''.

SEC. 205. PENALTIES FOR OFFENSES RELATED TO FISA.

    (a) False Declarations Before FISC and FISCR.--Section 1623(a) of 
title 18, United States Code, is amended by inserting before ``, or 
both'' the following: ``or, if such proceedings are before or ancillary 
to the Foreign Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review established by section 103 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), 
imprisoned not more than eight years''.
    (b) Increased Penalty for Unauthorized Use.--Section 109(c) (50 
U.S.C. 1809(c)) is amended by striking ``five years'' and inserting 
``eight years''.
    (c) Unauthorized Disclosure of Applications.--
            (1) In general.--Subsection (a) of section 109 (50 U.S.C. 
        1809) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``intentionally'';
                    (B) in paragraph (1)--
                            (i) by inserting ``intentionally'' before 
                        ``engages in''; and
                            (ii) by striking ``; or'' and inserting a 
                        semicolon;
                    (C) in paragraph (2)--
                            (i) by inserting ``intentionally'' before 
                        ``disclose or uses''; and
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(3) is an employee, officer, or contractor of the United 
        States Government and intentionally discloses an application, 
        or classified information contained therein, for an order under 
        any title of this Act to any person not entitled to receive 
        classified information.''.
            (2) Conforming amendment.--Subsection (b) of such section 
        is amended by striking ``under subsection (a)'' and inserting 
        ``under paragraph (1) or (2) of subsection (a)''.

SEC. 206. CONTEMPTS CONSTITUTING CRIMES.

    Section 402 of title 18, United States Code, is amended by 
inserting after ``any district court of the United States'' the 
following: ``, the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review established by 
section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803),''.

SEC. 207. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date of 
the enactment of this Act and shall apply with respect to applications 
made under section 501 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861) on or after such date.

           TITLE III--FOREIGN INTELLIGENCE SURVEILLANCE COURT

SEC. 301. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND 
              OPINIONS.

    (a) Timing of Declassification.--Subsection (a) of section 602 (50 
U.S.C. 1872) is amended by adding at the end the following new 
sentence: ``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.--Such subsection is further 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 new paragraph:
    ``(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.--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 the 
enactment of such section. With respect to such decisions, orders, or 
opinions issued before or on such date, the Director of National 
Intelligence shall complete the declassification review and public 
release of each such decision, order, or opinion pursuant to such 
section by not later than one year after the date of the enactment of 
this Act.

SEC. 302. APPOINTMENT OF AMICI CURIAE AND ACCESS TO INFORMATION.

    (a) Expansion of Appointment Authority.--Subparagraph (A) of 
section 103(i)(2) (50 U.S.C. 1803(i)(2)) is amended to read as follows:
                    ``(A) shall appoint an individual who has been 
                designated under paragraph (1) 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; or
                            ``(ii) presents exceptional concerns about 
                        the protection of the rights of a United States 
                        person under the first amendment to the 
                        Constitution, unless the court issues a finding 
                        that such appointment is not appropriate; 
                        and''.
    (b) Authority To Seek Review.--Subsection (i) of section 103 (50 
U.S.C. 1803) is amended--
            (1) by redesignating paragraphs (7) through (11) as 
        paragraphs (8) through (12), respectively; and
            (2) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) Authority to seek review of decisions.--
                    ``(A) FISA court decisions.--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). 
                If the court denies such petition, the court shall 
                provide for the record a written statement of the 
                reasons for such denial. 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 petition the 
                Foreign Intelligence Surveillance Court of Review to 
                certify for review to the Supreme Court of the United 
                States any question of law pursuant to section 1254(2) 
                of title 28, United States Code.''.
    (c) Access to Information.--
            (1) Application and materials.--Subparagraph (A) of section 
        103(i)(6) (50 U.S.C. 1803(i)(6)) is amended by striking clause 
        (ii) and inserting the following new clause:
                            ``(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) Consultation among amici curiae.--Such section is 
        further 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 new subparagraph:
                    ``(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 by 
                the court 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.''.
    (d) Term Limits.--
            (1) Requirement.--Paragraph (1) of section 103(i) (50 
        U.S.C. 1803(i)) is amended by adding at the end the following 
        new sentence: ``An individual may serve as an amicus curiae for 
        a 5-year term, and the presiding judges may, for good cause, 
        jointly reappoint the individual to a single additional 
        term.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply with respect to the service of an amicus curiae appointed 
        under section 103(i) of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1803(i)) that occurs on or after the 
        date of the enactment of this Act, regardless of the date on 
        which the amicus curiae is appointed.

SEC. 303. EFFECTIVE AND INDEPENDENT ADVICE FOR FOREIGN INTELLIGENCE 
              SURVEILLANCE COURT.

    Section 103 (50 U.S.C. 1803), as amended by section 204, is further 
amended by adding at the end the following new subsection:
    ``(m) Independent Legal Advisors.--
            ``(1) Authority.--The Foreign Intelligence Surveillance 
        Court and the Foreign Intelligence Surveillance Court of Review 
        may jointly employ legal advisors to assist the courts in all 
        aspects of considering any matter before the courts, including 
        with respect to--
                    ``(A) providing advice on issues of law or fact 
                presented by any application for an order under this 
                Act;
                    ``(B) requesting information from the Government in 
                connection with any such application;
                    ``(C) identifying any concerns with any such 
                application; and
                    ``(D) proposing requirements or conditions for the 
                approval of any such application.
            ``(2) Direction.--The legal advisors employed under 
        paragraph (1) shall be subject solely to the direction of the 
        presiding judges of the Foreign Intelligence Surveillance Court 
        and the Foreign Intelligence Surveillance Court of Review.''.

SEC. 304. TRANSCRIPTS OF PROCEEDINGS AND COMMUNICATIONS REGARDING 
              APPLICATIONS.

    (a) Transcripts.--Subsection (c) of section 103 (50 U.S.C. 1803) is 
amended--
            (1) by striking ``Proceedings under this Act'' and 
        inserting ``(1) Proceedings under this Act'';
            (2) by inserting ``, and shall be transcribed'' before the 
        first period;
            (3) by inserting ``, transcriptions of proceedings,'' after 
        ``applications made''; and
            (4) by adding at the end the following new sentence: 
        ``Transcriptions of proceedings shall be stored in a file 
        associated with the relevant application or order.''.
    (b) Requirement for Written Records of Interactions With Court.--
Such subsection, as amended by paragraph (1) of this section, is 
further amended by adding at the end the following new paragraph:
    ``(2) The Attorney General and the Foreign Intelligence 
Surveillance Court shall maintain all written substantive 
communications between the Department of Justice and the court, 
including the identity of the employees of the court to or from whom 
the communications were made, regarding an application or order made 
under this title in a file associated with the application or order.''.
    (c) Conforming Amendment.--Subsection (i)(2) of section 103 (50 
U.S.C. 1803) is amended by striking ``subsection (c)'' and inserting 
``subsection (c)(1)''.

SEC. 305. INFORMATION PROVIDED IN ANNUAL REPORTS.

    (a) Reports by Director of the Administrative Office of the United 
States Courts.--Subsection (a)(1) of section 603 (50 U.S.C. 1873) 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 new subparagraphs:
                    ``(G) 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;
                    ``(H) the number of certifications by the Foreign 
                Intelligence Surveillance Court of Review pursuant to 
                section 103(j); and
                    ``(I) the number of requests to certify a question 
                made by an amicus curiae to the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review pursuant to section 
                103(i)(7).''.
    (b) Reports by Director of National Intelligence.--Subsection 
(b)(5)(B) of such section, as amended by section 101, is amended by 
inserting before the semicolon at the end the following: ``, including 
information received electronically and through hardcopy and portable 
media''.

           TITLE IV--TRANSPARENCY, SUNSETS, AND OTHER MATTERS

SEC. 401. CONGRESSIONAL OVERSIGHT.

    (a) In General.--Section 601 (50 U.S.C. 1871) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Congressional Oversight.--In a manner consistent with the 
protection of the national security, nothing in this Act or any other 
provision of law may be construed to preclude the Permanent Select 
Committee on Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate from receiving in a 
timely manner, upon request, applications submitted under this Act to 
the Foreign Intelligence Surveillance Court, orders of the court, and 
relevant materials relating to such applications and orders.''.
    (b) Conforming Amendment.--Section 602(a) (50 U.S.C. 1872(a)) is 
amended by striking ``in section 601(e)'' and inserting ``in section 
601(f)''.

SEC. 402. ESTABLISHMENT OF COMPLIANCE OFFICERS.

    (a) In General.--Title VI (50 U.S.C. 1871 et seq.) is amended by 
adding at the end the following new section:

``SEC. 605. COMPLIANCE OFFICERS.

    ``(a) Appointment.--The head of each covered agency shall appoint a 
single Federal officer to serve as the Compliance Officer for that 
agency.
    ``(b) Compliance.--Each Compliance Officer appointed under 
subsection (a) shall be responsible for overseeing the compliance of 
the relevant covered agency with the requirements of this Act.
    ``(c) Audits.--Each Compliance Officer shall conduct routine audits 
of the compliance by the relevant covered agency with--
            ``(1) the requirements of this Act regarding submitting 
        applications to the Foreign Intelligence Surveillance Court, 
        including with respect to the accuracy of such applications; 
        and
            ``(2) the minimization, targeting, querying, and accuracy 
        procedures required by this Act.
    ``(d) Assessments.--Each Compliance Officer shall--
            ``(1) conduct on a routine basis assessments of the 
        efficacy of the minimization, targeting, querying, and accuracy 
        procedures adopted by the Attorney General pursuant to this 
        Act; and
            ``(2) annually submit to the Assistant Attorney General 
        designated as the Assistant Attorney General for National 
        Security under section 507A of title 28, United States Code, 
        and the head of the relevant covered agency the findings of 
        such assessments, including any recommendations of the 
        Compliance Officer with respect to improving such procedures.
    ``(e) Remediation.--Each Compliance Officer shall ensure the 
remediation of any compliance issues of the relevant covered agency 
identified pursuant to this section or the rules of the Foreign 
Intelligence Surveillance Court.
    ``(f) Inspector Generals Assessment.--On an annual basis, and 
consistent with the protection of sources and methods, each Inspector 
General of a covered agency shall submit to the Foreign Intelligence 
Surveillance Court and the appropriate congressional committees an 
assessment of the implementation of this section by the covered agency.
    ``(g) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Permanent Select Committee on 
                Intelligence and the Committee on the Judiciary of the 
                House of Representatives; and
                    ``(B) the Select Committee on Intelligence and the 
                Committee on the Judiciary of the Senate.
            ``(2) Covered agency.--The term `covered agency' means a 
        department or agency of the United States Government that 
        submits applications to the Foreign Intelligence Surveillance 
        Court under this Act.
            ``(3) Foreign intelligence surveillance court.--The term 
        `Foreign Intelligence Surveillance Court' has the meaning given 
        that term in section 101.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the Foreign Intelligence Surveillance Act of 1978 is amended by 
inserting after the item relating to section 604 the following new 
item:

``Sec. 605. Compliance officers.''.

SEC. 403. PUBLIC REPORTS ON INFORMATION OBTAINED OR DERIVED UNDER FISA 
              AND PROTECTION OF FIRST AMENDMENT ACTIVITIES.

    (a) Reports.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General shall make publicly 
available the following reports:
            (1) A report explaining how the United States Government 
        determines whether information is ``obtained or derived'' from 
        activities authorized by the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1801 et seq.) for purposes of the notice 
        requirements under such Act.
            (2) A report explaining how the United States Government 
        interprets the prohibition under section 501(a) of such Act (50 
        U.S.C. 1861(a)) on conducting an investigation of a United 
        States person ``solely upon the basis of activities protected 
        by the first amendment to the Constitution''.
    (b) Requirements.--The Attorney General shall ensure that the 
reports under subsection (a) are detailed and use hypothetical fact 
patterns to describe how the United States Government conducts the 
analyses covered by the reports.
    (c) Form.--The reports under subsection (a) shall be made publicly 
available in unclassified form.

SEC. 404. MANDATORY REPORTING ON CERTAIN ORDERS.

    (a) Reporting on United States Person Queries.--Subsection (b)(2) 
of section 603 (50 U.S.C. 1873), as amended by section 101, 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.--Subsection (d)(2) of such section, 
as amended by section 101, is amended by striking ``(A) Federal'' and 
all that follows through ``(B) Electronic mail address and telephone 
numbers.--''.

SEC. 405. REPORT ON USE OF FISA AUTHORITIES REGARDING PROTECTED 
              ACTIVITIES AND PROTECTED CLASSES.

    (a) Report.--Not later than one year after the date of the 
enactment of this Act, the Privacy and Civil Liberties Oversight Board 
shall make publicly available, to the extent practicable, a report on--
            (1) the extent to which the activities and protected 
        classes described in subsection (b) are used to support 
        targeting decisions in the use of authorities pursuant to the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
        et seq.); and
            (2) the impact of the use of such authorities on such 
        activities and protected classes.
    (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, religious 
        affiliation, sex, and any other protected characteristic 
        determined appropriate by the Board.
    (c) Form.--In addition to the report made publicly available 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 Permanent Select 
        Committee on Intelligence of the House of Representatives; and
            (2) the Committee on the Judiciary and the Select Committee 
        on Intelligence of the Senate.

SEC. 406. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    Paragraph (4) of section 1061(h) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) 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 one 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 member's successor has 
                        been appointed and qualified.''.

SEC. 407. 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 the enactment of this Act or March 
15, 2020.

SEC. 408. 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)'' both places it 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 it 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 new subsections:
    ``(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 (50 U.S.C. 1802), 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(1) (50 U.S.C. 1841(1)), 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 new 
                        paragraph:
            ``(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) Updated References to Certain Individuals.--The Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended--
            (1) in section 102(a) (50 U.S.C. 1802(a))--
                    (A) in paragraph (2), by striking ``him'' and 
                inserting ``the Attorney General''; and
                    (B) in paragraph (3), by striking ``his 
                certification'' and inserting ``the Attorney General's 
                certification'';
            (2) in section 103(a)(1) (50 U.S.C. 1803(a)(1)), by 
        striking ``his decision'' and inserting ``the decision of such 
        judge'';
            (3) in section 104(a) (50 U.S.C. 1804)(a))--
                    (A) in the language preceding paragraph (1), by 
                striking ``his finding'' and inserting ``the Attorney 
                General's finding''; and
                    (B) in paragraph (3), by striking ``his belief'' 
                and inserting ``the applicant's belief'';
            (4) in section 105(a) (50 U.S.C. 1805(a)), by striking 
        ``he'' and inserting ``the judge'';
            (5) in section 106 (50 U.S.C. 1806)--
                    (A) in subsection (e), by striking ``he'' and 
                inserting ``the person''; and
                    (B) in subsection (j), by striking ``his 
                discretion'' and inserting ``the discretion of the 
                judge'';
            (6) in section 109 (50 U.S.C. 1809)--
                    (A) in subsection (a), by striking ``he'' and 
                inserting ``the person''; and
                    (B) in subsection (b), by striking ``his official 
                duties'' and inserting ``the official duties of such 
                officer'';
            (7) in section 305 (50 U.S.C. 1825)--
                    (A) in subsection (f)(1), by striking ``he'' and 
                inserting ``the person''; and
                    (B) in subsection (j)(1), by striking ``his 
                discretion'' and inserting ``the discretion of the 
                judge'';
            (8) in section 307 (50 U.S.C. 1827)--
                    (A) in subsection (a), by striking ``he'' and 
                inserting ``the person''; and
                    (B) in subsection (b), by striking ``his official 
                duties'' and inserting ``the official duties of such 
                officer''; and
            (9) in section 403 (50 U.S.C. 1843), by striking ``his 
        designee'' and inserting ``a designee of the Attorney 
        General''.
    (d) 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>