USA FREEDOM Reauthorization Act of 2020

Bill: 116-hr-6172
Sponsor: full_name: Rep. Nadler, Jerrold [D-NY-10]
Introduced: 2020-03-10
Policy area: Armed Forces and National Security
Subjects: Accounting and auditing

Administrative law and regulatory procedures

Business records

Congressional elections

Congressional oversight

Criminal investigation, prosecution, interrogation

Criminal justice information and records

Criminal procedure and sentencing

Department of Justice

Elections, voting, political campaign regulation

Employee performance

Evidence and witnesses

Executive agency funding and structure

Federal officials

First Amendment rights

Fraud offenses and financial crimes

Geography and mapping

Government employee pay, benefits, personnel management

Government ethics and transparency, public corruption

Government information and archives

Government studies and investigations

Intelligence activities, surveillance, classified information

Judicial procedure and administration

Judicial review and appeals

Privacy and Civil Liberties Oversight Board

Racial and ethnic relations

Religion

Right of privacy

Sex, gender, sexual orientation discrimination

Specialized courts

Supreme Court

Telephone and wireless communication
Latest action: action_date: 2020-06-01
text: Message on House action received in Senate and at desk: House requests a conference.

Summaries:
action_date: 2020-03-10
action_desc: Introduced in House
text: <p><strong>USA FREEDOM Reauthorization Act of 2020</strong></p> <p>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.</p> <p>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. </p> <p>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. </p> <p>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). </p> <p>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.</p> <p>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. </p> <p>Each agency that submits applications to the FISA court shall appoint an officer responsible for compliance with FISA requirements. </p>

action_date: 2020-03-11
action_desc: Passed House
text: <p><strong>USA FREEDOM Reauthorization Act of 2020</strong></p> <p>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.</p> <p>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. </p> <p>A tangible thing obtained under&nbsp;FISA may be retained for no longer than five years&nbsp;except in certain instances, such as&nbsp;when&nbsp;a tangible thing is reasonably believed to be evidence of a crime.&nbsp;If the government intends to use information from a&nbsp;tangible thing obtained under FISA in a trial or other proceeding, it shall be treated as information obtained through electronic surveillance, unless a U.S. authority finds that notifying the person targeted would harm national security. (There are existing protections related to electronic surveillance, such as allowing the targeted person to move to suppress the disclosure of the obtained information in court.) </p> <p>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 (1) a U.S. person, or (2) a federal elected official or candidate. </p> <p>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). A U.S. government employee, officer, or contractor who&nbsp;engages in deliberate&nbsp;misconduct before a FISA court shall be subject to adverse actions, such as removal from the individual's position.</p> <p>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.</p> <p>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. The FISA court may employ legal advisors to assist in considering any matter.</p> <p>Each agency that submits applications to the FISA court shall appoint an officer responsible for compliance with FISA requirements. </p>

action_date: 2020-05-14
action_desc: Passed Senate
text: <p><strong>USA FREEDOM Reauthorization Act of 2020</strong></p> <p>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.</p> <p>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. </p> <p>A tangible thing obtained under&nbsp;FISA may be retained for no longer than five years&nbsp;except in certain instances, such as&nbsp;when&nbsp;a tangible thing is reasonably believed to be evidence of a crime.&nbsp;If the government intends to use information from a&nbsp;tangible thing obtained under FISA in a trial or other proceeding, it shall be treated as information obtained through electronic surveillance, unless a U.S. authority finds that notifying the person targeted would harm national security. (There are existing protections related to electronic surveillance, such as allowing the targeted person to move to suppress the disclosure of the obtained information in court.) </p> <p>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 (1) a U.S. person, or (2) a federal elected official or candidate. </p> <p>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). A U.S. government employee, officer, or contractor who&nbsp;engages in deliberate&nbsp;misconduct before a FISA court shall be subject to adverse actions, such as removal from the individual's position.</p> <p>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.</p> <p>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. An amicus may also seek the court's permission to address any novel or significant privacy or civil liberties issues arising in a case, even if the court did not ask for assistance on that issue. The FISA court may employ legal advisors to assist in considering any matter.</p> <p>Each agency that submits applications to the FISA court shall appoint an officer responsible for compliance with FISA requirements. </p> <p>An application for a FISA court order shall include all information in the government's possession that (1) is material to a ruling on the application, including any exculpatory information; or (2) calls into question the accuracy of the application or the accuracy of an assessment in the application, or otherwise raises doubts about a finding that is a required part of the application.</p> <p>An application for a FISA court order shall include (1) a description of the procedures in place to ensure the accuracy and completeness of the application, and (2) a certification by the applying officer (or designee) that the officer or designee has reviewed the application and accompanying documentation for accuracy and completeness. A judge may not enter a FISA court order unless the described accuracy and completeness procedures comply with requirements prescribed by this bill. </p>

tv_txt: I 116th CONGRESS 2d Session H. R. 6172 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, and for other purposes.

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. 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.). I FISA Business Records 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). 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) . 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. . 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. . 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. II Accuracy and integrity of FISA process 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 promulgate rules governing the review of case files, as appropriate, to ensure that applications to the Foreign Intelligence Surveillance Court under title I or III of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) that target United States persons are accurate and complete. 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 . 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; . 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. . 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) . 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 ), . 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. III Foreign Intelligence Surveillance Court 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. 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. 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. . 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) . 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 . IV Transparency, sunsets, and other Matters 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) . 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: 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. . 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. 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.— . 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. 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. . 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. 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.

Passed the House of Representatives March 11, 2020. Cheryl L. Johnson, Clerk.

tv_txt: I 116th CONGRESS 2d Session H. R. 6172 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.

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. 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.). I FISA Business Records 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). 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) . 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. . 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. . 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. II Accuracy and integrity of FISA process 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. 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 . 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; . 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. . 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) . 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 ), . 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. III Foreign Intelligence Surveillance Court 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. 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. 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. . 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) . 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 . IV Transparency, sunsets, and other Matters 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) . 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: 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. . 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. 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.— . 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. 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. . 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. 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.

tv_txt: II Calendar No. 440 116th CONGRESS 2d Session H. R. 6172 IN THE SENATE OF THE UNITED STATES March 11, 2020 Received; read the first time March 12, 2020 Read the second time and placed on the calendar AN ACT To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, and for other purposes.

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. 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.). I FISA Business Records 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). 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) . 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. . 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. . 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. II Accuracy and integrity of FISA process 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 promulgate rules governing the review of case files, as appropriate, to ensure that applications to the Foreign Intelligence Surveillance Court under title I or III of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) that target United States persons are accurate and complete. 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 . 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; . 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. . 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) . 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 ), . 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. III Foreign Intelligence Surveillance Court 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. 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. 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. . 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) . 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 . IV Transparency, sunsets, and other Matters 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) . 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: 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. . 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. 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.— . 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. 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. . 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. 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.

Passed the House of Representatives March 11, 2020. Cheryl L. Johnson, Clerk.

March 12, 2020 Read the second time and placed on the calendar

tv_txt: 116th CONGRESS 2d Session H.R. 6172 In the Senate of the United States, May 14, 2020. Amendments:

That the bill from the House of Representatives (H.R. 6172) entitled An Act to amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, and for other purposes. , do pass with the following (1) In subsection (a)(2)(B) of section 602 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1872 ), as added by section 301(b)(3), insert after section 103(i) the following: , a proceeding in the Foreign Intelligence Court of Review resulting from the petition of an amicus curiae under section 103(i)(7), or a proceeding in which an amicus curiae could have been appointed pursuant to section 103(i)(2)(A) . (2) In section 302, strike subsections (a) and (b) and insert the following: (a) Expansion of appointment authority (1) In general Section 103(i)(2) ( 50 U.S.C. 1803(i)(2) ) is amended— (A) by striking subparagraph (A) and inserting the following: (A) shall appoint one or more individuals who have been designated under paragraph (1), not less than one of whom possesses privacy and civil liberties expertise, unless the court finds that such a qualification is inappropriate, to serve as amicus curiae to assist the court in the consideration of any application or motion 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 novel or significant civil liberties issues, unless the court issues a finding that such appointment is not appropriate; and ; and (B) in subparagraph (B), by striking an individual or organization each place the term appears and inserting one or more individuals or organizations . (2) Definition of sensitive investigative matter Subsection (i) of section 103 ( 50 U.S.C. 1803 ) 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, or an individual serving on the staff of such an official or candidate; (ii) a domestic religious or political organization, or a known or suspected United States person prominent in such an organization; or (iii) the domestic news media; or (B) any other investigative matter involving a domestic entity or a known or suspected United States person 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 Subsection (i) of section 103 ( 50 U.S.C. 1803 ), 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 privacy or civil liberties interest of any United States person that would be significantly impacted by the application or motion ; and (E) by striking the period at the end and inserting the following: ; and (B) may seek leave to raise any novel or significant privacy or civil liberties issue relevant to the application or motion or other issue directly impacting the legality of the proposed electronic surveillance with the court, 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 Following issuance of an order under this Act by the Foreign Intelligence Surveillance Court, an amicus curiae appointed under paragraph (2) may petition the Foreign Intelligence Surveillance 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) 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). . (3) In section 302(c), redesignate paragraph (2) as paragraph (3). (4) In section 302(c), strike paragraph (1) and insert the following: (1) Application and materials Subparagraph (A) of section 103(i)(6) ( 50 U.S.C. 1803(i)(6) ) is amended to read as follows: (A) In general (i) Right of amicus If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae— (I) shall have access to, to the extent such information is available to the Government— (aa) the application, certification, petition, motion, and other information and supporting materials, including any information described in section 901, 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); (bb) 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 (cc) any other information or materials that the court determines are relevant to the duties of the amicus curiae; and (II) may make a submission to the court requesting access to any other 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. (ii) Supporting documentation regarding accuracy The Foreign Intelligence Surveillance Court, upon the motion of an amicus curiae appointed under paragraph (2) or upon its own motion, may require the Government to make available the supporting documentation described in section 902. . (2) Clarification of access to certain information Such section is further 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 appointed by the court shall have access to, to the extent such information is available to the Government, 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. . (5) Redesignate section 207 as section 208. (6) Insert after section 206 the following: 207. Disclosure of relevant information; certification regarding accuracy procedures (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: IX Disclosure of relevant information 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— (1) 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; and (2) all information in the possession of the Government 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 that are required to be made under the applicable provision of this Act in order for the court order to be issued. . (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) Certification regarding accuracy procedures (1) In general Title IX of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a), is amended by adding at the end the following: 902. Certification regarding accuracy procedures (a) Definition In this section, the term accuracy procedures means specific procedures, adopted by the Attorney General, to ensure that an application for a court order under this Act, including any application for renewal of an existing order, is accurate and complete, including procedures that ensure, at a minimum, that— (1) the application reflects all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application, or otherwise raises doubts about the requested findings; (2) the application reflects all material information that might reasonably call into question the reliability and reporting of any information from a confidential human source that is used in the application; (3) a complete file documenting each factual assertion in an application is maintained; (4) the applicant coordinates with the appropriate elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), concerning any prior or existing relationship with the target of any surveillance, search, or other means of investigation, and discloses any such relationship in the application; (5) before any application targeting a United States person is made, the applicant Federal officer shall document that the officer has collected and reviewed for accuracy and completeness supporting documentation for each factual assertion in the application; and (6) the applicant Federal agency establish compliance and auditing mechanisms on an annual basis to assess the efficacy of the accuracy procedures that have been adopted and report such findings to the Attorney General. (b) Statement and certification of accuracy procedures Any Federal officer making an application for a court order under this Act shall include with the application— (1) a description of the accuracy procedures employed by the officer or the officer's designee; and (2) a certification that the officer or the officer’s designee has collected and reviewed for accuracy and completeness— (A) supporting documentation for each factual assertion contained in the application; (B) all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application, or otherwise raises doubts about the requested findings; and (C) all material information that might reasonably call into question the reliability and reporting of any information from any confidential human source that is used in the application. (c) Necessary finding for court orders A judge may not enter an order under this Act unless the judge finds, in addition to any other findings required under this Act, that the accuracy procedures described in the application for the order, as required under subsection (b)(1), are actually accuracy procedures as defined in this section. . (2) Technical amendment The table of contents of the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a), is amended by inserting after the item relating to section 901 the following: Sec. 902. Certification regarding accuracy procedures. . (7) In section 208, as so redesignated, strike section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) and insert: the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) (if applicable) (8) At the end, add the following: 409. Annual reporting on accuracy and completeness of applications Section 603 ( 50 U.S.C. 1873 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: (e) Annual report by DOJ Inspector General on accuracy and completeness of applications (1) Definition of appropriate committees of Congress In this subsection, the term appropriate committees of Congress means— (A) the Committee on the Judiciary and the Select Committee on Intelligence of the Senate; and (B) the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Report In April of each year, the Inspector General of the Department of Justice shall submit to the appropriate committees of Congress and make public, subject to a declassification review, a report setting forth, with respect to the preceding calendar year, the following: (A) A summary of all accuracy or completeness reviews of applications submitted to the Foreign Intelligence Surveillance Court by the Federal Bureau of Investigation. (B) The total number of applications reviewed for accuracy or completeness. (C) The total number of material errors or omissions identified during such reviews. (D) The total number of nonmaterial errors or omissions identified during such reviews. (E) The total number of instances in which facts contained in an application were not supported by documentation that existed in the applicable file being reviewed at the time of the accuracy review. .

Secretary