February 23, 2026
Mr. Lee (for himself, Mr. Durbin, Mr. Cramer, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend the Foreign Intelligence Surveillance Act of 1978 to reauthorize and reform certain authorities and to provide greater transparency and oversight.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Security And Freedom Enhancement Act of 2026
or the SAFE Act
.
(b) Table of contents
The table of contents for this Act is as follows:
Title I Protections for United States persons whose communications are collected under section 702 of the Foreign Intelligence Surveillance Act of 1978
Sec. 101. Query procedure reform
(a) Mandatory audits of United States person queries conducted by Federal Bureau of Investigation
(1) In general
The Department of Justice shall conduct an audit that reviews each covered query, as defined in paragraph (8) of section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), as redesignated and amended by subsection (b) of this section, conducted during the 180-day period beginning on the date of enactment of this Act, and during each 180-day period thereafter.
(2) Completion of audit
(A) In general
Not later than 90 days after the end of each 180-day period described in paragraph (1), the Department of Justice shall complete the audit described in such paragraph with respect to such 180-day period.
(B) Submission to Congress
Not later than 30 days after completing each audit required under paragraph (1), the Department of Justice shall submit to the appropriate committees of Congress the complete and unredacted results of the audit.
(C) Briefing regarding untimely audits
If the Department of Justice fails to complete and send the results of an audit required under paragraph (1) to the appropriate committees of Congress on or before the date that is 120 days after the end of the 180-day period to which the audit relates, not later than 127 days after the end of such 180-day period, the Department of Justice shall conduct an in-person briefing with the appropriate committees of Congress.
(D) Definition
In this paragraph, the term appropriate committees of Congress means—
(i)
the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003));
(ii)
the Committee on the Judiciary of the Senate; and
(iii)
the Committee on the Judiciary of the House of Representatives.
(3) Repeal of superseded audit requirement
Section 2(c) of the Reforming Intelligence and Securing America Act (50 U.S.C. 1881a note) is repealed.
(b) Restrictions relating to conduct of certain queries by Federal bureau of investigation
Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended—
(1)
by redesignating paragraph (5) as paragraph (8);
(2)
by inserting before paragraph (8), as so redesignated, the following:
(7) Querying procedures applicable to Federal Bureau of Investigation
For any procedures adopted under paragraph (1) applicable to the Federal Bureau of Investigation, the Attorney General, in consultation with the Director of National Intelligence, shall include the following requirements:
(A) Training
A requirement that, prior to conducting any query, and on an annual basis thereafter as a prerequisite for continuing to conduct queries, personnel of the Federal Bureau of Investigation successfully complete training on the querying procedures.
(B) Additional prior approvals for sensitive queries
A requirement that, absent exigent circumstances, prior to conducting certain queries, personnel of the Federal Bureau of Investigation receive approval, at minimum, as follows:
(i)
Approval from an attorney at the Federal Bureau of Investigation if the query uses a query term reasonably believed to identify a United States elected official, a governor of a State, an appointee of the President or the governor of a State, a United States political candidate, a United States political organization or a United States person prominent in such organization, a United States media organization or a United States person who is a member of such organization, a justice, judge, bankruptcy judge, or magistrate judge of the United States, or a judge or justice of the highest court of a State.
(ii)
Approval from an attorney of the Federal Bureau of Investigation if the query uses a query term reasonably believed to identify a United States religious organization or a United States person who is prominent in such organization.
(iii)
Approval from an attorney of the Federal Bureau of Investigation for 2 or more queries conducted together, including through the use of batch job technology, any successor tool, or any other batch query method.
(C) Prior written justification
A requirement that—
(i)
prior to conducting a covered query, personnel of the Federal Bureau of Investigation generate a written statement of the specific factual basis to support the reasonable belief that such query meets the standards required by the procedures adopted under paragraph (1), which shall, for each covered query relating to the same United States person or persons, explain and support each individual query; and
(ii)
for each covered query, the Federal Bureau of Investigation shall keep a record of the query term or terms, the date of the query, the identifier of the personnel conducting the query, and the written statement of the specific factual basis required under clause (i).
(D) Affirmative election to include section 702 information in queries
Any system of the Federal Bureau of Investigation that stores unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) together with contents or noncontents obtained through other lawful means shall be configured in a manner that requires personnel of the Federal Bureau of Investigation who are in compliance with the training requirement under subparagraph (A) to conduct such a query to affirmatively elect to include such unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) when running a query.; and
(3)
in paragraph (8), as so redesignated—
(A)
by striking subparagraph (B) and inserting the following:
(B)
The term covered person means—
(i)
a United States person; or
(ii)
a person reasonably believed to be located in the United States—
(I)
at the time of the applicable query; or
(II)
at the time of the communication or creation of the information subject to the applicable query.
(C)
(i)
The term covered query means a query that—
(I)
is conducted using 1 or more terms associated with 1 or more covered persons, including but not limited to personally identifiable information;
(II)
is conducted in whole or in part for the purpose of detecting or retrieving information of or concerning 1 or more covered persons; or
(III)
is conducted with specific reason to believe the query will detect or retrieve information of or concerning 1 or more covered persons.
(ii)
Whether a query is a covered query shall be determined without regard to whether the information subject to the query has already been detected or retrieved using a method other than a query described in clause (i).
(D)
The term query—
(i)
means the use of any technique, whether manual or automated, to detect or retrieve information obtained through acquisitions authorized under subsection (a) from within a system, collection, or assortment of information, or a subset thereof; and
(ii)
does not include the manual observation of retrieved information.
(c) Prohibition on warrantless access to the communications and other information of United States persons and persons located in the United States
Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended—
(1)
in paragraph (1)(A) by inserting and the limitations and requirements in paragraph (2)
after Constitution of the United States
;
(2)
by redesignating paragraph (4) as paragraph (5); and
(3)
by striking paragraphs (2) and (3) and inserting the following:
(2) Prohibition on warrantless access to the communications and other information of United States persons and persons located in the United States
(A) In general
Except as provided in subparagraph (B), no officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may access communications content, or information the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the United States, acquired under subsection (a) and returned in response to a covered query.
(B) Exceptions for concurrent authorization, exigent circumstances, consent, and certain defensive cybersecurity queries
(i) In general
Subparagraph (A) shall not apply if—
(I)
the person to whom the covered query relates is the subject of an order authorizing electronic surveillance, a physical search, or an acquisition under section 105, section 304, section 703, or section 704 of this Act or a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction;
(II)
(aa)
the person to whom the covered query relates is the subject of an emergency authorization authorizing electronic surveillance, a physical search, or an acquisition under section 105, section 304, section 703, or section 704 of this Act;
(bb)
not later than 7 days after the results of the covered query are accessed, a description of the circumstances justifying the accessing of the results of the covered query is provided to the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate;
(cc)
the Attorney General makes or has made an application to the Foreign Intelligence Surveillance Court in accordance with section 105(e)(1)(D), section 304(e)(1)(D), section 703(d)(1), or section 704(d)(1) of this Act; and
(dd)
in the event such application is denied, the requirements of section 105(e)(5), 304(e)(5), section 703(d)(4), or section 704(d)(4), as applicable, are followed;
(III)
such person or, if such person is incapable of providing consent, a third party legally authorized to consent on behalf of such person, has provided consent for the access on a case-by-case basis; or
(IV)
(aa)
the communications content or information is accessed and used for the sole purpose of identifying a potential victim or unwitting conduit of malicious cyber activity who is not a potential perpetrator of such activity;
(bb)
other than for the purposes described in item (aa), no communications content or other information described in subparagraph (A) are accessed or reviewed; and
(cc)
the accessing of query results is reported to the Foreign Intelligence Surveillance Court.
(ii) Limitations
No communications content or information accessed under clause (i)(II) or information derived from such access may be used, received in evidence, or otherwise disseminated in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, except in a proceeding that arises from the circumstances to which the applicable emergency authorization relates.
(iii) Assessment of compliance
Not less frequently than annually, the Attorney General shall assess—
(I)
compliance with the requirements under clause (i)(II)(cc); and
(II)
compliance with the requirements under clause (ii).
(C) Foreign intelligence purpose
(i) In general
Except as provided in clause (ii) of this subparagraph, no officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may conduct a covered query of information acquired under subsection (a) unless the query is reasonably likely to retrieve foreign intelligence information.
(ii) Exceptions
An officer or employee of an agency that has access to unminimized communications or information obtained through an acquisition under this section may conduct a covered query of information acquired under this section if—
(I)
(aa)
the officer or employee conducting the query has a reasonable belief that—
(AA)
an emergency exists involving an imminent threat of death or serious bodily harm; and
(BB)
the query could reasonably be expected to assist in mitigating or eliminating that threat to life or serious bodily harm; and
(bb)
not later than 7 days after the query is conducted, a description of the query is provided to the Foreign Intelligence Surveillance Court, the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate; or
(II)
the query is necessary to identify information that must be produced or preserved in connection with a litigation matter or to fulfill discovery obligations in a criminal matter under the laws of the United States or any State thereof.
(D) Notification and consent requirements
(i) Appropriate congressional leadership defined
In this subparagraph, the term appropriate congressional leadership means the following:
(I)
The chairs and ranking minority members of the congressional intelligence committees.
(II)
The chair and ranking minority member of the Committee on the Judiciary of the Senate and the chair and ranking minority member of Committee on the Judiciary of the House of Representatives.
(III)
The Speaker and minority leader of the House of Representatives.
(IV)
The majority and minority leaders of the Senate.
(ii) Notification requirement for certain FBI queries
(I) Requirement
The Director of the Federal Bureau of Investigation shall promptly notify appropriate congressional leadership of any query conducted by the Federal Bureau of Investigation using a query term that is reasonably believed to be the name or other personally identifying information of a Member of Congress, and shall also notify the Member who is the subject of such query.
(II) National security considerations
In submitting a notification under subclause (I), the Director shall give due regard to the protection of classified information, sources and methods, and national security.
(III) Waiver
(aa) In general
The Director may waive a notification required under subclause (I) if the Director determines such notification would impede an ongoing national security or law enforcement investigation.
(bb) Termination
A waiver under item (aa) shall terminate on the date the Director determines the relevant notification would not impede the relevant national security or law enforcement investigation or on the date that such investigation ends, whichever is earlier.
(iii) Consent required for FBI to conduct certain queries for purpose of defensive briefing
(I) Consent required
The Federal Bureau of Investigation may not, for the purpose of supplementing the contents of a briefing on the defense against a counterintelligence threat to a Member of Congress, conduct a query using a query term that is the name or restricted personal information (as such term is defined in section 119 of title 18, United States Code) of that Member unless—
(aa)
the Member provides consent to the use of the query term; or
(bb)
the Deputy Director of the Federal Bureau of Investigation determines that exigent circumstances exist sufficient to justify the conduct of such query.
(II) Notification
(aa) Notification of consent sought
Not later than 3 business days after submitting a request for consent from a Member of Congress under subclause (I), the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership, regardless of whether the Member provided such consent.
(bb) Notification of exception used
Not later than 3 business days after the conduct of a query under subclause (I) without consent on the basis of the existence of exigent circumstances determined under item (bb) of such subclause, the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership.
(III) Rule of construction
Nothing in this clause may be construed as—
(aa)
applying to matters outside of the scope of the briefing on the defense against a counterintelligence threat to be provided or supplemented under subclause (I); or
(bb)
limiting the lawful investigative activities of the Federal Bureau of Investigation other than supplementing the contents of a briefing on the defense against a counterintelligence threat to a Member of Congress.
(3) Documentation
No officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may access communications content, or information the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the United States, returned in response to a covered query unless an electronic record is created that includes a statement of facts showing that the access is authorized pursuant to an exception specified in paragraph (2)(B).
(4) Query record system
The head of each agency that has access to unminimized communications or information obtained through an acquisition under this section shall ensure that a system, mechanism, or business practice is in place to maintain the records described in paragraph (3). Not later than 90 days after the date of enactment of the SAFE Act, the head of each agency that has access to unminimized communications or information obtained through an acquisition under this section shall report to Congress on its compliance with this procedure.
(d) Conforming amendments
(1)
Section 603(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(b)(2)) is amended, in the matter preceding subparagraph (A), by striking , including pursuant to subsection (f)(2) of such section,
.
(2)
Section 706(a)(2)(A)(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e(a)(2)(A)(i)) is amended by striking obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to section 702(f)(2)
and inserting accessed such information in accordance with section 702(b)(2)
.
Sec. 102. Annual reports
(a) In general
Section 707 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881f) is amended by adding at the end the following:
(c) Annual reports
(1) In general
The Attorney General, in consultation with the Director of National Intelligence, shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives an annual report, which shall include, for that year, disaggregated by each agency that conducts queries of information acquired under section 702, the following information:
(A)
The total number of covered queries (as defined in section 702(f)(8)) conducted of information acquired under section 702.
(B)
The number of times an officer or employee of the United States accessed communications contents (as defined in section 2510(8) of title 18, United States Code) or information the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes in the United States, returned in response to such queries.
(C)
The number of applications for orders described in subclause (I) of section 702(f)(2)(B)(i) with respect to a person for which communications contents or information relating to such person were accessed under such subclause and the number of such orders granted.
(D)
The number of times an exception under subclause (II), (III), or (IV) of section 702(f)(2)(B)(i) was asserted, disaggregated by the subclause under which an exception was asserted.
(E)
The number of times that 2 or more approved queries were conducted together, through the use of batch job technology, any successor tool, or any other batch query method.
(F)
The number of queries run by an agency with access to unminimized communications or information obtained through an acquisition under section 702 run at the request of or on behalf of 1 or more other agencies that do not have such access, broken down by the agency that ran the query, the agency for whom the query was run, and the date of the query.
(2) Public availability
Subject to declassification review by the Attorney General and the Director of National Intelligence, each annual report submitted pursuant to paragraph (1) shall be made publicly available during April of each year and include information relating to the previous calendar year.
(b) Repeal of superseded reporting requirement
Section 603 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873) is amended—
(1)
by striking subsection (f); and
(2)
by redesignating subsection (g) as subsection (f).
Sec. 103. Accountability and reporting procedures for compliance violations relating to queries conducted by the Federal Bureau of Investigation
(a) In general
Title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) is amended by adding at the end the following:
710. Accountability procedures for incidents relating to queries conducted by the Federal Bureau of Investigation
(a) In general
The Director of the Federal Bureau of Investigation shall establish procedures to hold employees of the Federal Bureau of Investigation accountable for violations of law, guidance, and procedure governing queries of information acquired pursuant to section 702.
(b) Elements
The procedures established under subsection (a) shall include the following:
(1)
Centralized tracking of individual employee performance incidents involving violations of law, guidance, and procedure described in subsection (a), over time.
(2)
Escalating consequences for such incidents, including—
(A)
consequences for initial incidents, including, at a minimum—
(i)
suspension of access to information acquired under this Act pending remedial action; and
(ii)
documentation of the incident in the personnel file of each employee responsible for the violation; and
(B)
consequences for subsequent incidents, including, at a minimum—
(i)
possible indefinite suspension of access to information acquired under this Act;
(ii)
reassignment of each employee responsible for the violation; and
(iii)
referral of the incident to the Inspection Division of the Federal Bureau of Investigation for review of potentially reckless conduct.
(3)
Clarification of requirements for referring intentional misconduct and reckless conduct to the Inspection Division of the Federal Bureau of Investigation for investigation and disciplinary action by the Office of Professional Responsibility of the Federal Bureau of Investigation.
(b) Clerical amendment
The table of contents for the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after the item relating to section 709 the following:
(c) Report required
(1) Initial report
Not later than 180 days after the date of enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and the congressional intelligence committees (as such term is defined in section 801 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1885)) a report detailing the procedures established under section 710 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a).
(2) Annual report
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and the congressional intelligence committees (as such term is defined in section 801 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1885)) a report on any disciplinary actions taken pursuant to the procedures established under section 710 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a), including a description of the circumstances surrounding each such disciplinary action, and the results of each such disciplinary action.
(3) Form
The reports required under paragraphs (1) and (2) shall be submitted in unclassified form, but may include a classified annex to the extent necessary to protect sources and methods.
(d) Annual reports
Paragraph (5) of section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), as redesignated by section 101(c)(2) of this Act, is amended—
(1)
by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and adjusting the margin accordingly;
(2)
by striking The Director
and inserting the following:
(A) In general
The Director; and
(3)
by adding at the end the following:
(B) Annual reports
The Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives an annual report on the actions taken under the minimum accountability standards issued under subparagraph (A).
(e) Restriction on certain information available to the Federal Bureau of Investigation
Section 702(n)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(n)(2)) is amended by inserting the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives,
after the congressional intelligence committees,
.
Sec. 104. Prohibition on reverse targeting of United States persons and persons located in the United States
Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended—
(1)
in subsection (b)(2), by striking if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States;
and inserting if a purpose of such acquisition is to target 1 or more United States persons or persons reasonably believed to be located in the United States at the time of acquisition or communication;
;
(2)
in subsection (d)(1), by amending subparagraph (A) to read as follows:
(A)
ensure that—
(i)
any acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and
(ii)
targeting 1 or more United States persons or persons reasonably believed to be in the United States at the time of acquisition or communication is not a purpose of an acquisition; and;
(3)
in subsection (h)(2)(A)(i), by amending subclause (I) to read as follows:
(I)
ensure that—
(aa)
an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and
(bb)
a purpose of an acquisition is not to target 1 or more United States persons or persons reasonably believed to be in the United States at the time of acquisition or communication; and; and
(4)
in subsection (j)(2)(B), by amending clause (i) to read as follows:
(i)
ensure that—
(I)
an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and
(II)
a purpose of an acquisition is not to target 1 or more United States persons or persons reasonably believed to be in the United States at the time of acquisition or communication; and
Sec. 105. FISA court review of targeting decisions
Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended—
(1)
in subsection (h)(2)—
(A)
in subparagraph (D)(ii), by striking and
at the end;
(B)
in subparagraph (E), by striking the period at the end and inserting ; and
; and
(C)
by adding at the end the following:
(F)
include a random sample of targeting decisions and supporting written justifications from the prior year, using a sample size and methodology that has been approved by the Foreign Intelligence Surveillance Court.; and
(2)
in subsection (j)(1)—
(A)
by striking subsection (g)
each place it appears and inserting subsection (h)
; and
(B)
in subparagraph (A), as amended by subparagraph (A) of this paragraph, by inserting , including reviewing the random sample of targeting decisions and written justifications submitted under subsection (h)(2)(F),
after subsection (h)
.
Sec. 106. Sunset of changes to definition of electronic communication service provider
Effective on December 31, 2026, the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—
(1)
in section 701(b)(4) (50 U.S.C. 1881(b)(4))—
(A)
in subparagraph (D), by adding or
at the end;
(B)
by striking subparagraph (E);
(C)
by redesignating subparagraph (F) as subparagraph (E); and
(D)
in subparagraph (E), as so redesignated—
(i)
by striking custodian,
; and
(ii)
by striking (D), or (E)
and inserting or (D)
; and
(2)
in section 801(6) (50 U.S.C. 1885(6))—
(A)
by striking subparagraph (E);
(B)
by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively;
(C)
in subparagraph (E), as so redesignated, by adding or
at the end; and
(D)
in subparagraph (F), as so redesignated—
(i)
by striking custodian,
; and
(ii)
by striking (E), or (F)
and inserting or (E)
.
Sec. 107. Limitation on directives under Foreign Intelligence Surveillance Act of 1978 relating to certain electronic communication service providers
(a) In general
Section 702(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(i)) is amended by adding at the end the following:
(7) Limitation relating to certain electronic communication service providers
(A) Definitions
In this paragraph:
(i) Appropriate committees of Congress
The term appropriate committees of Congress means—
(I)
the congressional intelligence committees;
(II)
the Committee on the Judiciary of the Senate; and
(III)
the Committee on the Judiciary of the House of Representatives.
(ii) Covered electronic communication service provider
(I) In general
Subject to subclause (II), the term covered electronic communication service provider means—
(aa)
a service provider described in section 701(b)(4)(E);
(bb)
a custodian of an entity as defined in section 701(b)(4)(F); or
(cc)
an officer, employee, or agent of a service provider described in section 701(b)(4)(E).
(II) Exclusion
The term
covered electronic communication service providerdoes not include—(aa)
an electronic communication service provider described in subparagraph (A), (B), (C), or (D) of section 701(b)(4); or
(bb)
an officer, employee, or agent of an electronic communication service provider described in subparagraph (A), (B), (C), or (D) of section 701(b)(4),
to the extent that the electronic communication service provider is providing the United States Government with information, facilities, or assistance pursuant to such subparagraphs.
(iii) Covered opinions
The term covered opinions means the opinions of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review authorized for public release on August 23, 2023 (Opinion and Order, In re Petition to Set Aside or Modify Directive Issued to [REDACTED], No. [REDACTED], (FISA Ct. [REDACTED] 2022) (Contreras J.); Opinion, In re Petition to Set Aside or Modify Directive Issued to [REDACTED], No. [REDACTED], (FISA Ct. Rev. [REDACTED] 2023) (Sentelle, J.; Higginson, J.; Miller J.)).
(B) Limitation
A directive may not be issued under paragraph (1) to a covered electronic communication service provider unless the covered electronic communication service provider is a provider of the type of service at issue in the covered opinions.
(C) Declassification review required
(i) In general
Not later than 180 days after the date of enactment of the SAFE Act, the Director of National Intelligence, in consultation with the Attorney General, shall complete a declassification review in accordance with section 3 of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or any successor order, (in this subparagraph referred to as
Executive Order 13526) and, consistent with that review, make publicly available to the greatest extent practicable the type of service provider and services at issue in the covered opinions.(ii) Specific inquiry
In conducting the review required under clause (i), the Director of National Intelligence and the Attorney General shall determine—
(I)
whether the information described in clause (i) continues to meet the requirements for classification set forth in Executive Order 13526; and
(II)
if the information described in clause (i) continues to meet the requirements for classification set forth in Executive Order 13526, whether the information should nonetheless be declassified pursuant to section 3.1(d) of Executive Order 13526.
(iii) Factors
In making a determination under subclause (II) of clause (ii), the Director of National Intelligence and the Attorney General shall consider—
(I)
the public interest served by ensuring that laws are public and transparent; and
(II)
the fact that the type of service provider or services at issue in the covered opinions have been the subject of public disclosures.
(D) Requirements for directives to covered electronic communication service providers
(i) In general
Subject to clause (ii), any directive issued under paragraph (1) on or after the date of the enactment of the SAFE Act to a covered electronic communication service provider that is not prohibited by subparagraph (B) of this paragraph shall include a summary description of the services at issue in the covered opinions.
(ii) Duplicate summaries not required
A directive need not include a summary description of the services at issue in the covered opinions if such summary was included in a prior directive issued to the covered electronic communication service provider and the summary has not materially changed.
(E) Foreign Intelligence Surveillance Court notification and review
(i) Notification
(I) In general
Subject to subclause (II), on or after the date of the enactment of the SAFE Act, each time the Attorney General and the Director of National Intelligence serve a directive under paragraph (1) to a covered electronic communication service provider that is not prohibited by subparagraph (B) and each time the Attorney General and the Director materially change a directive under paragraph (1) served on a covered electronic communication service provider that is not prohibited by subparagraph (B), the Attorney General shall provide the directive to the Foreign Intelligence Surveillance Court on or before the date that is 7 days after the date on which the Attorney General and the Director served the directive, along with a description of the covered electronic communication service provider to whom the directive is issued and the services at issue.
(II) Duplication not required
The Attorney General does not need to provide a directive or description to the Foreign Intelligence Surveillance Court under subclause (I) if a directive and description concerning the covered electronic communication service provider was previously provided to the Court and the directive or description has not materially changed.
(ii) Additional information
As soon as feasible and not later than the initiation of collection, the Attorney General shall, for each directive described in clause (i), provide the Foreign Intelligence Surveillance Court a summary description of the type of equipment to be accessed, the nature of the access, and the form of assistance required pursuant to the directive.
(iii) Review
(I) In general
The Foreign Intelligence Surveillance Court may review a directive received by the Court under clause (i) to determine whether the directive is consistent with subparagraph (B) and affirm, modify, or set aside the directive.
(II) Notice of intent to review
Not later than 7 days after the date on which the Court receives information under clause (ii) with respect to a directive, the Court shall provide notice to the Attorney General and cleared counsel for the covered electronic communication service provider indicating whether the Court intends to undertake a review under subclause (I) of this clause.
(III) Completion of reviews
In a case in which the Court provides notice under subclause (II) indicating that the Court intends to review a directive under subclause (I), the Court shall, not later than 30 days after the date on which the Court provides notice under subclause (II) with respect to the directive, complete the review.
(F) Congressional oversight
(i) Notification
(I) In general
Subject to subclause (II), on or after the date of the enactment of the SAFE Act, each time the Attorney General and the Director of National Intelligence serve a directive under paragraph (1) on a covered electronic communication service provider that is not prohibited by subparagraph (B) and each time the Attorney General and the Director materially change a directive under paragraph (1) served on a covered electronic communication service provider that is not prohibited by subparagraph (B), the Attorney General shall submit to the appropriate committees of Congress the directive on or before the date that is 7 days after the date on which the Attorney General and the Director serve the directive, along with a description of the covered electronic communication service provider to whom the directive is issued and the services at issue.
(II) Duplication not required
The Attorney General does not need to submit a directive or description to the appropriate committees of Congress under subclause (I) if a directive and description concerning the covered electronic communication service provider was previously submitted to the appropriate committees of Congress and the directive or description has not materially changed.
(ii) Additional information
As soon as feasible and not later than the initiation of collection, the Attorney General shall, for each directive described in clause (i), provide the appropriate committees of Congress a summary description of the type of equipment to be accessed, the nature of the access, and the form of assistance required pursuant to the directive.
(iii) Reporting
(I) Quarterly reports
Not later than 90 days after the date of the enactment of the SAFE Act and not less frequently than once each quarter thereafter, the Attorney General shall submit to the appropriate committees of Congress a report on the number of directives served, during the period covered by the report, under paragraph (1) to a covered electronic communication service provider and the number of directives provided during the same period to the Foreign Intelligence Surveillance Court under subparagraph (E)(i).
(II) Form of reports
Each report submitted pursuant to subclause (I) shall be submitted in unclassified form, but may include a classified annex.
(III) Submission of court opinions
Not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues an opinion relating to a directive issued to a covered electronic communication service provider under paragraph (1), the Attorney General shall submit to the appropriate committees of Congress a copy of the opinion.
(b) Sunset
Effective on December 31, 2026, section 702(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(i)), as amended by this section, is amended by striking paragraph (7).
Sec. 108. Extension of title VII of FISA; expiration of FISA authorities; effective dates
(a) Effective dates
Section 403(b) of the FISA Amendments Act of 2008 (Public Law 110–261; 122 Stat. 2474) is amended—
(1)
in paragraph (1) (50 U.S.C. 1881 note)—
(A)
by striking two years after the date of enactment of the Reforming Intelligence and Securing America Act
and inserting on April 20, 2028
; and
(B)
by striking , as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act,
and inserting , as most recently amended,
; and
(2)
in paragraph (2) (18 U.S.C. 2511 note), in the matter preceding subparagraph (A), by striking two years after the date of enactment of the Reforming Intelligence and Securing America Act
and inserting on April 20, 2028
.
(b) Conforming amendments
Section 404(b) of the FISA Amendments Act of 2008 (Public Law 110–261; 122 Stat. 2476), is amended—
(1)
in paragraph (1)—
(A)
in the heading, by striking two years after the date of enactment of the Reforming Intelligence and Securing America Act
and inserting April 20, 2028
; and
(B)
by striking , as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act,
and inserting , as most recently amended,
;
(2)
in paragraph (2), by striking , as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act,
and inserting , as most recently amended,
; and
(3)
in paragraph (4)—
(A)
by striking , as added by section 101(a) and amended by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act,
both places it appears and inserting , as added by section 101(a) and as most recently amended,
; and
(B)
by striking , as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act,
both places it appears and inserting , as most recently amended,
.
Title II Additional reforms relating to activities under the Foreign Intelligence Surveillance Act of 1978
Sec. 201. Required disclosure of information and limits on use of certain information and on issuance of orders
(a) Required disclosure of relevant information in Foreign Intelligence Surveillance Act of 1978 applications
(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 Required disclosure of relevant information
901. Disclosure of relevant information
The Attorney General or any other Federal officer or employee making an application for a court order under this Act shall provide the court with all information in the possession of the Government that is material to determining whether the application satisfies the applicable requirements under this Act, including any exculpatory information.
(2) Collection of communications under section 702
Section 702(h)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(h)(2)) is amended—
(A)
in subparagraph (D)(ii), by striking and
at the end;
(B)
in subparagraph (E), by striking the period at the end and inserting ; and
; and
(C)
by adding at the end the following:
(F)
attest that, to the best of the knowledge of the person making the certification, the Attorney General and the Director of National Intelligence have been apprised of all information in the possession of the Government that might reasonably—
(i)
call into question the accuracy of the certification or the reasonableness of any assessment in the certification conducted by the department or agency on whose behalf the application is made; or
(ii)
otherwise raise doubts with respect to the findings that are required to be made under subsection (j).
(3) Clerical amendments
(A)
The table of contents for the Foreign Intelligence Surveillance Act of 1978 is amended by adding at the end the following:
(B)
Section 104(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended—
(i)
by striking paragraphs (7) and (13); and
(ii)
by redesignating paragraphs (8) through (12) as paragraphs (7) through (11), respectively.
(b) Certification regarding accuracy procedures
(1) Certification regarding accuracy procedures
Title IX of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a) of this section, is amended by adding at the end the following:
902. Certification regarding accuracy procedures
(a) Definition of accuracy procedures
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 or contradicts 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 (as defined in section 101) 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 to address, on an annual basis, 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 for the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a) of this section, is amended by adding at the end the following:
(c) Prohibition on use of certain information
(1) In general
Section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended by adding at the end the following:
(e)
The statement of facts and circumstances under subsection (a)(3) may only include information obtained from the content of a media source or information gathered by a political campaign if—
(1)
such information is disclosed in the application as having been so obtained or gathered;
(2)
with regard to information gathered from the content of a media source, the application includes an explanation of the investigative techniques used to corroborate the information; and
(3)
with regard to information gathered by a political campaign, such information is not the sole source of the information used to justify the applicant’s belief described in subsection (a)(3).
(2) Technical and conforming amendments
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—
(A)
in section 104(a)(6) (50 U.S.C. 1804(a)(6))—
(i)
in subparagraph (D), by striking the semicolon at the end and inserting ; and
;
(ii)
in subparagraph (E)(ii), by striking and
at the end; and
(iii)
by striking subparagraphs (F) and (G); and
(B)
in section 303(a)(6) (50 U.S.C. 1823(a)(6))—
(i)
in subparagraph (D), by striking the semicolon at the end and inserting ; and
;
(ii)
in subparagraph (E), by striking and
at the end; and
(iii)
by striking subparagraphs (F) and (G).
(d) Limitation on issuance of order
Section 105(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(a)) is amended—
(1)
in paragraph (3), by striking ; and
and inserting a semicolon;
(2)
in paragraph (4), by striking the period and inserting ; and
; and
(3)
by adding at the end the following:
(5)
for an application that is based, in any part, on information obtained from the content of a media source, on information gathered by a political campaign, or on information relating to activity protected under the First Amendment to the Constitution of the United States—
(A)
such information is disclosed in the application as having been so obtained or gathered, or as being so related;
(B)
with regard to information gathered from the content of a media source, the application includes an explanation of the investigative techniques used to corroborate the information; and
(C)
with regard to information gathered by a political campaign, such information is not the sole source of the information used to justify the applicant’s belief described in section 104(a)(3).
(e) Conforming repeal of RISAA exculpatory information requirements
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—
(1)
in section 104(a) (50 U.S.C. 1804(a)), by striking paragraph (13);
(2)
in section 303(a) (50 U.S.C. 1823(a)), by striking paragraph (11);
(3)
in section 402(c) (50 U.S.C. 1842(c))—
(A)
in paragraph (3), by adding and
at the end;
(B)
in paragraph (4)(B), by striking ; and
and inserting a period; and
(C)
by striking paragraph (5);
(4)
in section 502(b)(2) (50 U.S.C. 1862(b)(2))—
(A)
in subparagraph (B), by adding and
at the end;
(B)
by redesignating subparagraph (E) as subparagraph (C);
(C)
in subparagraph (C)(ii), as so redesignated, by striking ; and
and inserting a period; and
(D)
by striking subparagraph (F);
(5)
in section 703(b)(1) (50 U.S.C. 1881b(b)(1))—
(A)
in subparagraph (J), by adding and
at the end;
(B)
in subparagraph (K)(ii), by striking ; and
and inserting a period; and
(C)
by striking subparagraph (L); and
(6)
in section 704(b) (50 U.S.C. 1881c(b))—
(A)
in paragraph (7), by adding and
at the end;
(B)
in paragraph (8)(B), by striking ; and
and inserting a period; and
(C)
by striking paragraph (9).
Sec. 202. Criminal penalties for violations of FISA
(a) In general
Section 109(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended—
(1)
in paragraph (2), by striking or
at the end;
(2)
in paragraph (3), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:
(4)
knowingly submits any document to or makes any statement before the court established under section 103(a) or the court established under section 103(b), knowing such document or statement to contain—
(A)
a false material declaration; or
(B)
a material omission; or
(5)
knowingly discloses the existence of an application for an order authorizing surveillance under this title, or any information contained therein, to any person not authorized to receive such information, except insofar as such disclosure is authorized by statute or executive order setting forth permissible disclosures by whistleblowers.
(b) Rule of construction
This section and the amendments made by this section may not be construed to interfere with the enforcement of section 798 of title 18, United States Code, or any other provision of law regarding the unlawful disclosure of classified information.
Sec. 203. Agency procedures To ensure compliance
(a) Agency procedures To ensure compliance
Title VI of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871 et seq.) is amended by adding at the end the following:
605. Agency procedures to ensure compliance
The head of each Federal department or agency authorized to acquire foreign intelligence information under this Act shall establish procedures—
(1)
setting forth clear rules on what constitutes a violation of this Act by an officer or employee of that department or agency; and
(2)
for taking appropriate adverse personnel action against any officer or employee of the department or agency who engages in a violation described in paragraph (1), including more severe adverse personnel actions for any subsequent violation by such officer or employee.
(b) Clerical amendment
The table of contents for the Foreign Intelligence Surveillance Act of 1978 is amended by inserting after the item relating to section 604 the following:
(c) Report
Not later than 90 days after the date of enactment of this Act, the head of each Federal department or agency that is required to establish procedures under section 605 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a) of this section, shall report to Congress on the implementation of such procedures.
Sec. 204. Limit on civil immunity for providing information, facilities, or technical assistance to the Government absent a court order
Section 2511(2)(a) of title 18, United States Code, is amended—
(1)
in subparagraph (ii), by striking clause (B) and inserting the following:
(B)
a certification in writing—
(I)
by a person specified in section 2518(7) or the Attorney General of the United States;
(II)
that the requirements for an emergency authorization to intercept a wire, oral, or electronic communication under section 2518(7) have been met; and
(III)
that the specified assistance is required,; and
(2)
by striking subparagraph (iii) and inserting the following:
(iii)
For assistance provided pursuant to a certification under subparagraph (ii)(B), the limitation on causes of action under the last sentence of the matter following that subparagraph shall only apply to the extent that the assistance ceased at the earliest of the time the application for a court order was denied, the time the communication sought was obtained, or 48 hours after the interception began.
Sec. 205. Prohibition on avoiding disclosure obligations through parallel construction
(a) Derived defined
(1) In general
Section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) is amended by adding at the end the following:
(q)
Derived from, with respect to an electronic surveillance, physical search, use of a pen register or trap and trace device, production of tangible things, or acquisition under this Act or pursuant to executive authority, means the Government would not have originally possessed the information or evidence but for that electronic surveillance, physical search, use of a pen register or trap and trace device, production of tangible things, or acquisition, which shall be determined without regard to any claim that the information or evidence is attenuated from the surveillance, search, use, production, or acquisition, would inevitably have been discovered, or was subsequently reobtained through other means.
(2) Conforming addition to other titles
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—
(A)
in section 301(1) (50 U.S.C. 1821(1)), by inserting derived from,
after destruction’,
;
(B)
in section 401(1) (50 U.S.C. 1841(1)), by inserting derived from,
after person’,
;
(C)
in section 501(1) (50 U.S.C. 1861(1)), by inserting derived from,
after terrorism’,
; and
(D)
in section 701(a) (50 U.S.C. 1881(a)), by inserting derived from,
after United States’,
.
(b) Policies and guidance
(1) In general
Not later than 90 days after the date of enactment of this Act, the Attorney General and the Director of National Intelligence shall publish—
(A)
policies concerning the application of subsection (q) of section 101 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a); and
(B)
guidance for all members of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) and all Federal agencies with law enforcement responsibilities concerning the application of subsection (q) of section 101 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a).
(2) Modifications
Whenever the Attorney General and the Director of National Intelligence modify a policy or guidance published under paragraph (1), the Attorney General and the Director shall publish the modifications.
(c) Use of information acquired under title VII
Section 706 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e) is amended—
(1)
in subsection (a)(1), by striking , except for the purposes of subsection (j) of such section
; and
(2)
by amending subsection (b) to read as follows:
(b) Information acquired under sections 703, 704, or 705
Information acquired under sections 703, 704, or 705 shall be deemed to be information acquired from an electronic surveillance pursuant to title I for the purposes of section 106.
Sec. 206. Sunset on grandfather clause of FISA’s business records provision
Section 102(b)(2) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109–177; 50 U.S.C. 1805 note) is amended by inserting , except that title V of the Foreign Intelligence Surveillance Act of 1978, as in effect on March 14, 2020, shall cease to be in effect with respect to such an investigation, offense, or potential offense on the date that is 180 days after the date of the enactment of the SAFE Act
after continue in effect
.
Title III Reforms relating to proceedings before the Foreign Intelligence Surveillance Court and other courts
Sec. 301. Foreign Intelligence Surveillance Court reform
(a) Expansion of appointment authority
(1) In general
Section 103(i)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)) is amended—
(A)
in subparagraph (A)—
(i)
by striking clause (i) and inserting the following:
(i)
shall, unless the court issues a finding that appointment is not appropriate, appoint one or more individuals who have been designated under paragraph (1), not fewer 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;
(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;
(III)
presents or involves a sensitive investigative matter;
(IV)
presents a request for approval of a new program, a new technology, or a new use of existing technology;
(V)
presents a request for reauthorization of programmatic surveillance; or
(VI)
otherwise presents novel or significant civil liberties issues;; and
(ii)
in clause (iii), by striking , unless the court issues a finding that such appointment is not appropriate or is likely to result in undue delay
;
(B)
by striking subparagraph (B); and
(C)
by redesignating subparagraph (C) as subparagraph (B).
(2) Definition of sensitive investigative matter
Section 103(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)) is amended by adding at the end the following:
(12) Definition
In this subsection, the term sensitive investigative matter means—
(A)
an investigative matter involving the activities of—
(i)
a domestic public official or political candidate, 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
Section 103(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)), as amended by subsection (a) of this section, is amended—
(1)
in paragraph (4)—
(A)
in the paragraph heading, by inserting ; authority
after Duties
;
(B)
in the matter preceding subparagraph (A), by striking shall
;
(C)
by striking subparagraph (A);
(D)
by redesignating subparagraph (B) as subparagraph (A);
(E)
in subparagraph (A), as so redesignated—
(i)
in the matter preceding clause (i), by inserting shall
before provide
;
(ii)
in clause (i), 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
(iii)
in clause (iii), by striking the period at the end and inserting ; and
; and
(F)
by adding at the end the following:
(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
(i) Petition
Following issuance of an order under this Act by the court established under subsection (a), an amicus curiae appointed under paragraph (2) may petition the court to certify for review to the court established under subsection (b) a question of law pursuant to subsection (j).
(ii) Written statement of reasons
If the court established under subsection (a) denies a petition under this subparagraph, the court shall provide for the record a written statement of the reasons for the denial.
(iii) Appointment
Upon certification of any question of law pursuant to this subparagraph, the court established under subsection (b) shall appoint the amicus curiae to assist the court in its consideration of the certified question, unless the court 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 court established under subsection (b) 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 section 602(a).
(c) Access to information
(1) Application and materials
Section 103(i)(6) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(6)) is amended by striking subparagraph (A) and inserting the following:
(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 the extent such information is available to the Government, to—
(aa)
the application, certification, petition, motion, and other information and supporting materials, including any information described in section 901, submitted to the court established under subsection (a) 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 court established under subsection (a) or the court established under subsection (b) 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 court established under subsection (a), 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
Section 103(i)(6) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(6)) is amended—
(A)
in subparagraph (B), by striking may
and inserting shall
; and
(B)
by striking subparagraph (C) and inserting the following:
(C) Classified information
An amicus curiae designated or appointed by the court shall have access, to the extent such information is available to the Government, to unredacted copies of each opinion, order, transcript, pleading, or other document of the court established under subsection (a) and the court established under subsection (b), including, if the individual is eligible for access to classified information, any classified documents, information, and other materials or proceedings.
(3) Consultation among amici curiae
Section 103(i)(6) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(6)) is amended—
(A)
by redesignating subparagraph (D) as subparagraph (E); and
(B)
by inserting after subparagraph (C) the following:
(D) Consultation among amici curiae
An amicus curiae appointed under paragraph (2) by the court established under subsection (a) or the court established under subsection (b) may consult with 1 or more of the other individuals designated by the court to serve as amicus curiae pursuant to paragraph (1) of this subsection regarding any of the information relevant to any assigned proceeding.
(d) Effective date
The amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to proceedings under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that take place on or after, or are pending on, that date.
Sec. 302. Public disclosure and declassification of certain documents
Section 602(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1872(a)) is amended—
(1)
by striking , to be concluded as soon as practicable, but not later than 180 days after the commencement of such review,
; and
(2)
by inserting to be concluded as soon as practicable, but not later than 180 days after the issuance of such decision, order, or opinion,
before and, consistent with that review
.
Sec. 303. Technical amendment to contempt power of FISC and FISC–R
(a) In general
Chapter 21 of title 18, United States Code, is amended—
(1)
in section 402, by striking , including 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),
and inserting the following: , the Foreign Intelligence Surveillance Court, the Foreign Intelligence Surveillance Court of Review,
; and
(2)
by adding at the end the following:
404. Definitions
For purposes of this chapter—
(1)
the term court of the United States includes the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review; and
(2)
the terms Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review have the meanings given those terms in section 601(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(e)).
(b) Clerical amendment
The table of sections for chapter 21 of title 18, United States Code, is amended by adding at the end the following:
Title IV Independent executive branch oversight
Sec. 401. Periodic audit of FISA compliance by Inspector General
(a) Report required
Title VI of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871 et seq.), as amended by section 203 of this Act, is amended by adding at the end the following:
606. Periodic audit of FISA compliance by Inspector General
Not later than June 30 of the first calendar year that begins after the date of enactment of this section, and every 3 years thereafter, the Inspector General of the Department of Justice shall—
(1)
conduct an audit of alleged or potential violations and failures to comply with the requirements of this Act, and any procedures established pursuant to this Act, which shall include an analysis of the accuracy and completeness of applications and certifications for orders submitted under each of sections 105, 303, 402, 502, 702, 703, and 704; and
(2)
submit to the Select Committee on Intelligence of the Senate, the Committee on the Judiciary of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committee on the Judiciary of the House of Representatives a report on the audit required under paragraph (1).
(b) Clerical amendment
The table of contents for the Foreign Intelligence Surveillance Act of 1978, as amended by section 203 of this Act, is amended by inserting after the item relating to section 605 the following:
Title V Protections for United States persons whose sensitive information is purchased by intelligence and law enforcement agencies
Sec. 501. Limitation on intelligence acquisition of United States person data
(a) Definitions
In this section:
(1) Appropriate committees of congress
The term appropriate committees of Congress means—
(A)
the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003));
(B)
the Committee on the Judiciary of the Senate; and
(C)
the Committee on the Judiciary of the House of Representatives.
(2) Covered data
The term covered data means data, derived data, or any unique identifier that—
(A)
is linked to or is reasonably linkable to a covered person; and
(B)
does not include—
(i)
data that—
(I)
is lawfully available to the public through Federal, State, or local government records or through widely distributed media;
(II)
is reasonably believed to have been voluntarily made available to the general public by the covered person; or
(III)
is a specific communication or transaction with a targeted individual who is not a covered person; or
(ii)
human intelligence other than data transfers.
(3) Covered person
The term covered person means an individual who—
(A)
is reasonably believed to be located in the United States at the time of the creation or acquisition of the covered data; or
(B)
is a United States person.
(4) Intelligence community
The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(5) State, United States, United States person
The terms State, United States, and United States person have the meanings given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(b) Limitation
(1) In general
Subject to paragraphs (2) through (7), an element of the intelligence community may not acquire covered data, which shall include acquiring covered data directly or indirectly, such as by acquiring covered data from another entity that directly acquired the covered data.
(2) Authorization pursuant to court order
An element of the intelligence community may acquire covered data if the collection has been authorized by an order issued pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or title 18, United States Code, by a court of competent jurisdiction covering the period of the acquisition, subject to the use, dissemination, querying, retention, and other minimization limitations required by such authorization.
(3) Authorization for employment-related use
An element of the intelligence community may acquire covered data about an employee of, or applicant for employment by, an element of the intelligence community for employment-related purposes, but only if—
(A)
access to and use of the covered data is limited to such purposes; and
(B)
the covered data is destroyed at such time as it is no longer necessary for such purposes.
(4) Exception for compliance purposes
An element of the intelligence community may acquire covered data for the purpose of supporting compliance with collection limitations and minimization requirements imposed by statute, guidelines, procedures, or the Constitution of the United States, but only if—
(A)
access to and use of the covered data is limited to such purpose; and
(B)
the covered data is destroyed at such time as it is no longer necessary for such purpose.
(5) Exception for life or safety
An element of the intelligence community may acquire covered data if there is a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm and the covered data is necessary to mitigate that threat, but only if—
(A)
access to and use of the covered data is limited to addressing the threat; and
(B)
the covered data is destroyed at such time as it is no longer necessary for such purpose.
(6) Exception for consent
An element of the intelligence community may acquire covered data if—
(A)
each covered person linked or reasonably linkable to the covered data, or, if such person is incapable of providing consent, a third party legally authorized to consent on behalf of the person, has provided consent to the acquisition and use of the data on a case-by-case basis;
(B)
access to and use of the covered data is limited to the purposes for which the consent was provided; and
(C)
the covered data is destroyed at such time as it is no longer necessary for such purposes.
(7) Exception for nonsegregable data
An element of the intelligence community may acquire a dataset that includes covered data if the covered data is not reasonably segregable prior to acquisition, but only if the element of the intelligence community complies with the minimization procedures in subsection (c).
(c) Minimization procedures
(1) In general
The Attorney General shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention, and to restrict the querying, of covered data that is not subject to 1 or more of the exceptions set forth in subsection (b).
(2) Acquisition and retention
The procedures adopted under paragraph (1) shall require elements of the intelligence community to exhaust all reasonable means—
(A)
to exclude covered data not subject to 1 or more exceptions set forth in subsection (b) from datasets prior to acquisition; and
(B)
to remove and delete covered data not subject to 1 or more exceptions set forth in subsection (b) prior to the operational use of the acquired dataset or the inclusion of the dataset in a database intended for operational use.
(3) Destruction
The procedures adopted under paragraph (1) shall require that if an element of the intelligence community identifies covered data not subject to 1 or more exceptions set forth in paragraphs (2) through (6) of subsection (b), such covered data shall be promptly destroyed.
(4) Querying
(A) In general
Except as provided in subparagraphs (B) and (C), no officer or employee of an element of the intelligence community may conduct a query of covered data, including covered data already subjected to minimization, in an effort to find records of or about a particular covered person.
(B) Exceptions
Subparagraph (A) shall not apply to a query related to a particular covered person if—
(i)
such covered person is the subject of a court order issued under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or title 18, United States Code, that would authorize the element of the intelligence community to compel the production of the covered data, during the effective period of that order;
(ii)
the purpose of the query is to retrieve information about an employee of, or applicant for employment by, an element of the intelligence community, provided that any covered data accessed through such query is used only for such purpose;
(iii)
the query is conducted for the purpose of supporting compliance with collection limitations and minimization requirements imposed by statute, guidelines, procedures, or the Constitution of the United States, provided that any covered data accessed through such query is used only for such purpose;
(iv)
the officer or employee of an element of the intelligence community carrying out the query has a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm, and that in order to prevent or mitigate such threat, the query must be conducted before a court order can, with due diligence, be obtained, provided that any covered data accessed through such query is used only for such purpose; or
(v)
such covered person or, if such person is incapable of providing consent, a third party legally authorized to consent on behalf of the person has consented to the query, provided that any use of covered data accessed through such query is limited to the purposes for which the consent was provided.
(C) Special rule for nonsegregable datasets
For a query of a dataset acquired under subsection (b)(7)—
(i)
each query shall be reasonably designed to exclude personal data of covered persons, unless the query is subject to an exception set forth in subparagraph (B); and
(ii)
any personal data of covered persons returned pursuant to a query that is not subject to an exception set forth in paragraphs (2) through (7) of subsection (b) shall not be reviewed and shall immediately be destroyed.
(d) Prohibition on use of data obtained in violation of this Section
Covered data acquired by an element of the intelligence community in violation of subsection (b), and any evidence derived therefrom, may not be used, received in evidence, or otherwise disseminated in any investigation by or in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof.
(e) Reporting requirement
(1) In general
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress and the Privacy and Civil Liberties Oversight Board a report on the acquisition of datasets that the Director anticipates will contain information of covered persons that is significant in volume, proportion, or sensitivity.
(2) Contents
The report submitted pursuant to paragraph (1) shall include the following:
(A)
A description of the covered person information in each dataset.
(B)
An estimate of the amount of covered person information in each dataset.
(3) Notifications
After submitting the report required by paragraph (1), the Director shall, in coordination with the Under Secretary of Defense for Intelligence and Security, notify the appropriate committees of Congress of any changes to the information contained in such report.
(4) Availability to the public
The Director shall make available to the public on the website of the Director—
(A)
the unclassified portion of the report submitted pursuant to paragraph (1); and
(B)
any notifications submitted pursuant to paragraph (3).
(f) Rule of construction
Nothing in this section shall authorize an acquisition otherwise prohibited by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or title 18, United States Code.
Sec. 502. Limitation on law enforcement purchase of personal data from data brokers
Section 2702 of title 18, United States Code, is amended by adding at the end the following:
(e) Prohibition on obtaining in exchange for anything of value personal data by law enforcement agencies
(1) Definitions
In this subsection and subsection (f)—
(A)
the term covered governmental entity means a law enforcement agency of a governmental entity;
(B)
the term covered organization means a person who—
(i)
is not a governmental entity; and
(ii)
is not an individual;
(C)
the term covered person means an individual who—
(i)
is reasonably believed to be located inside the United States at the time of the creation of the covered personal data; or
(ii)
is a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);
(D)
the term covered personal data means personal data relating to a covered person;
(E)
the term electronic device has the meaning given the term computer in section 1030(e);
(F)
the term lawfully obtained public data means personal data obtained by a particular covered organization that the covered organization—
(i)
reasonably understood to have been voluntarily made available to the general public by the covered person; and
(ii)
obtained in compliance with all applicable laws, regulations, contracts, privacy policies, and terms of service;
(G)
the term obtain in exchange for anything of value means to obtain by purchasing, to receive in connection with services being provided for monetary or nonmonetary consideration, or to otherwise obtain in exchange for consideration, including an access fee, service fee, maintenance fee, or licensing fee; and
(H)
the term personal data—
(i)
means data, derived data, or any unique identifier that is linked to, or is reasonably linkable to, an individual or to an electronic device that is linked to, or is reasonably linkable to, 1 or more individuals in a household;
(ii)
includes anonymized data that, if combined with other data, can be linked to, or is reasonably linkable to, an individual or to an electronic device that identifies, is linked to, or is reasonably linkable to 1 or more individuals in a household; and
(iii)
does not include—
(I)
data that is lawfully available through Federal, State, or local government records or through widely distributed media; or
(II)
a specific communication or transaction with a targeted individual who is not a covered person.
(2) Limitation
(A) In general
(i) Prohibition
Subject to clauses (ii) through (x), a covered governmental entity may not obtain in exchange for anything of value covered personal data if—
(I)
the covered personal data is directly or indirectly obtained from a covered organization; or
(II)
the covered personal data is derived from covered personal data that was directly or indirectly obtained from a covered organization.
(ii) Exception for certain compilations of data
A covered governmental entity may obtain in exchange for something of value covered personal data as part of a larger compilation of data which includes personal data about persons who are not covered persons, if—
(I)
the covered governmental entity is unable through reasonable means to exclude covered personal data from the larger compilation obtained; and
(II)
the covered governmental entity minimizes any covered personal data from the larger compilation, in accordance with subsection (f).
(iii) Exception for whistleblower disclosures to law enforcement
Clause (i) shall not apply to covered personal data that is obtained by a covered governmental entity under a program established by an Act of Congress under which a portion of a penalty or a similar payment or bounty is paid to an individual who discloses information about an unlawful activity to the Government, such as the program authorized under section 7623 of the Internal Revenue Code of 1986 (relating to awards to whistleblowers in cases of underpayments or fraud).
(iv) Exception for cost reimbursement under compulsory legal process
Clause (i) shall not apply to covered personal data that is obtained by a covered governmental entity from a covered organization in accordance with compulsory legal process that—
(I)
is established by a Federal or State statute; and
(II)
provides for the reimbursement of costs of the covered organization that are incurred in connection with providing the record or information to the covered governmental entity, such as the reimbursement of costs under section 2706.
(v) Exception for employment-related use
Clause (i) shall not apply to covered personal data about an employee of, or applicant for employment by, a covered governmental entity that is—
(I)
obtained by the covered governmental entity for employment-related purposes;
(II)
accessed and used by the covered governmental entity only for employment-related purposes; and
(III)
destroyed at such time as the covered personal data is no longer needed for employment-related purposes.
(vi) Exception for use in background checks
Clause (i) shall not apply to covered personal data about a covered person that is—
(I)
obtained by a covered governmental entity for purposes of conducting a background check of the covered person with the written consent of the covered person;
(II)
accessed and used by the covered governmental entity only for background check-related purposes; and
(III)
destroyed at such time as the covered personal data is no longer needed for background check-related purposes.
(vii) Exception for lawfully obtained public data
Clause (i) shall not apply to covered personal data that is obtained by a covered governmental entity if—
(I)
the covered personal data is lawfully obtained public data; or
(II)
the covered personal data is derived from covered personal data that solely consists of lawfully obtained public data.
(viii) Exception for life or safety
Clause (i) shall not apply to covered personal data that is obtained by a covered governmental entity if there is a reasonable belief than an emergency exists involving an imminent threat of death or serious bodily harm to a covered person and the covered data is necessary to mitigate that threat, provided that—
(I)
access to and use of the covered personal data is limited to addressing the threat; and
(II)
the covered personal data is destroyed at such time as it is no longer necessary for such purpose.
(ix) Exception for compliance purposes
Clause (i) shall not apply to covered personal data that is obtained by a covered governmental entity for the purpose of supporting compliance with collection limitations and minimization requirements imposed by statute, guidelines, procedures, or the Constitution of the United States, provided that—
(I)
access to and use of the covered personal data is limited to such purpose; and
(II)
the covered personal data is destroyed at such time as it is no longer necessary for such purpose.
(x) Exception for consent
Clause (i) shall not apply to covered personal data that is obtained by a covered governmental entity if—
(I)
each covered person linked or reasonably linkable to the covered personal data, or, if such covered person is incapable of providing consent, a third party legally authorized to consent on behalf of the covered person, has provided consent to the acquisition and use of the data on a case-by-case basis;
(II)
access to and use of the covered personal data is limited to the purposes for which the consent was provided; and
(III)
the covered personal data is destroyed at such time as it is no longer necessary for such purposes.
(B) Indirectly acquired records and information
The limitation under subparagraph (A) shall apply without regard to whether the covered organization possessing the covered personal data is the covered organization that initially obtained or collected, or is the covered organization that initially received the disclosure of, the covered personal data.
(3) Limit on sharing between agencies
An agency of a governmental entity that is not a covered governmental entity may not provide to a covered governmental entity covered personal data that was obtained in a manner that would violate paragraph (2) if the agency of a governmental entity were a covered governmental entity, unless the covered governmental entity would have been permitted to obtain the covered personal data under an exception set forth in paragraph (2)(A).
(4) Prohibition on use of data obtained in violation of this section
(A) In general
Covered personal data obtained by or provided to a covered governmental entity in violation of paragraph (2) or (3), and any evidence derived therefrom, may not be used, received in evidence, or otherwise disseminated by, on behalf of, or upon a motion or other action by a covered governmental entity in any investigation by or in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof.
(B) Use by aggrieved parties
Nothing in subparagraph (A) shall be construed to limit the use of covered personal data by a covered person aggrieved of a violation of paragraph (2) or (3) in connection with any action relating to such a violation.
(f) Minimization procedures
(1) In general
The Attorney General shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention, and to restrict the querying, of covered personal data, and prohibit the dissemination of information derived from covered personal data.
(2) Acquisition and retention
The procedures adopted under paragraph (1) shall require covered governmental entities to exhaust all reasonable means—
(A)
to exclude covered personal data that is not subject to 1 or more of the exceptions set forth in clauses (iii) through (x) of subsection (e)(2)(A) from the data obtained; and
(B)
to remove and delete covered personal data described in subparagraph (A) not subject to 1 or more exceptions set forth in clauses (iii) through (x) of subsection (e)(2)(A) after a compilation is obtained and before operational use of the compilation or inclusion of the compilation in a dataset intended for operational use.
(3) Destruction
The procedures adopted under paragraph (1) shall require that, if a covered governmental entity identifies covered personal data in a compilation described in clause (ii) of subsection (e)(2)(A) not subject to 1 or more exceptions set forth in clauses (iii) through (x) of such subsection, the covered governmental entity shall promptly destroy the covered personal data and any dissemination of information derived from the covered personal data shall be prohibited.
(4) Querying
(A) In general
Except as provided in subparagraphs (B) and (C), no officer or employee of a covered governmental entity may conduct a query of personal data, including personal data already subjected to minimization, in an effort to find records of or about a particular covered person.
(B) Exceptions
Subparagraph (A) shall not apply to a query related to a particular covered person if—
(i)
such covered person is the subject of a court order issued under this title that would authorize the covered governmental entity to compel the production of the covered personal data, during the effective period of that order;
(ii)
the purpose of the query is to retrieve information obtained by a covered governmental entity under a program established by an Act of Congress under which a portion of a penalty or a similar payment or bounty is paid to an individual who discloses information about an unlawful activity to the Government, such as the program authorized under section 7623 of the Internal Revenue Code of 1986 (relating to awards to whistleblowers in cases of underpayments or fraud), provided that any covered personal data accessed through such query is used only for such purpose;
(iii)
the purpose of the query is to retrieve information about an employee of, or applicant for employment by, a covered governmental entity that has been obtained by the covered governmental entity for employment-related purposes, provided that any covered personal data accessed through such query is used only for such purposes;
(iv)
the purpose of the query is to retrieve information obtained by a covered governmental entity for purposes of conducting a background check of the covered person with the written consent of the covered person, provided that any covered personal data accessed through such query is used only for such purposes;
(v)
the purpose of the query is to retrieve, and the query is reasonably designed to retrieve, only lawfully obtained public data, and only lawfully obtained public data is accessed and used as a result of the query;
(vi)
the officer or employee of a covered governmental entity carrying out the query has a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm, and in order to prevent or mitigate that threat, the query must be conducted before a court order can, with due diligence, be obtained, provided that any covered personal data accessed through such query is used only for such purpose;
(vii)
the query is conducted for the purpose of supporting compliance with collection limitations and minimization requirements imposed by statute, guidelines, procedures, or the Constitution of the United States, provided that any covered personal data accessed through such query is used only for such purpose; or
(viii)
such covered person or, if such covered person is incapable of providing consent, a third party legally authorized to consent on behalf of the covered person has consented to the query, provided that any use of covered personal data accessed through such query is limited to the purposes for which the consent was provided.
(C) Special rule for compilations of data
For a query of a compilation of data obtained under subsection (e)(2)(A)(ii)—
(i)
each query shall be reasonably designed to exclude personal data of covered persons, unless the query is subject to an exception set forth in subparagraph (B); and
(ii)
any personal data of covered persons returned pursuant to a query that is not subject to an exception set forth in clauses (ii) through (x) of subsection (e)(2)(A) shall not be reviewed and shall immediately be destroyed.
Sec. 503. Consistent protections for demands for data held by interactive computing services
(a) Definition
Section 2711 of title 18, United States Code, is amended—
(1)
in paragraph (3)(C), by striking and
at the end;
(2)
in paragraph (4), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:
(5)
the term online service provider means a provider of electronic communication service, a provider of remote computing service, any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; and
(b) Required disclosure
Section 2703 of title 18, United States Code, is amended—
(1)
in subsection (a), in the first sentence, by striking a provider of electronic communication service
and inserting an online service provider
;
(2)
in subsection (c)—
(A)
in paragraph (1), in the matter preceding subparagraph (A), by striking a provider of electronic communication service or remote computing service
and inserting an online service provider
; and
(B)
in paragraph (2), in the matter preceding subparagraph (A), by striking A provider of electronic communication service or remote computing service
and inserting An online service provider
; and
(3)
in subsection (g), by striking a provider of electronic communications service or remote computing service
and inserting an online service provider
.
(c) Limitation on voluntary disclosure
Section 2702(a) of title 18, United States Code, is amended—
(1)
in paragraph (1), by striking a person or entity providing an electronic communication service to the public
and inserting an online service provider
;
(2)
in paragraph (2), by striking a person or entity providing remote computing service to the public
and inserting an online service provider
; and
(3)
in paragraph (3), by striking a provider of remote computing service or electronic communication service to the public
and inserting an online service provider
.
Sec. 504. Consistent privacy protections for data held by data brokers
Section 2703 of title 18, United States Code is amended by adding at the end the following:
(i) Covered personal data
(1) Definitions
In this subsection, the terms covered personal data and covered organization have the meanings given such terms in section 2702(e).
(2) Limitation
Unless a governmental entity obtains an order in accordance with paragraph (3), the governmental entity may not require a covered organization that is not an online service provider to disclose covered personal data if a court order would be required for the governmental entity to require an online service provider to disclose such covered personal data that is a record of a customer or subscriber of the online service provider.
(3) Orders
(A) In general
A court may only issue an order requiring a covered organization that is not an online service provider to disclose covered personal data on the same basis and subject to the same limitations as would apply to a court order to require disclosure by an online service provider.
(B) Standard
For purposes of subparagraph (A), a court shall apply the most stringent standard under Federal statute or the Constitution of the United States that would be applicable to a request for a court order to require a comparable disclosure by an online service provider of a customer or subscriber of the online service provider.
Sec. 505. Protection of data entrusted to intermediary or ancillary service providers
(a) Definition
Section 2711 of title 18, United States Code, as amended by section 503 of this Act, is amended by adding at the end the following:
(6)
the term intermediary or ancillary service provider means an entity or facilities owner or operator that directly or indirectly delivers, transmits, stores, or processes communications or any other covered personal data (as defined in section 2702(e) of this title) for, or on behalf of, an online service provider.
(b) Prohibition
Section 2702(a) of title 18, United States Code, is amended—
(1)
in paragraph (1), by striking and
at the end;
(2)
in paragraph (2)(B), by striking and
at the end;
(3)
in paragraph (3), by striking the period at the end and inserting ; and
; and
(4)
by adding at the end the following:
(4)
an intermediary or ancillary service provider may not knowingly disclose—
(A)
to any person or entity the contents of a communication while in electronic storage by that intermediary or ancillary service provider; or
(B)
to any governmental entity a record or other information pertaining to a subscriber to or customer of, a recipient of a communication from a subscriber to or customer of, or the sender of a communication to a subscriber to or customer of, the online service provider for, or on behalf of, which the intermediary or ancillary service provider directly or indirectly delivers, transmits, stores, or processes communications or any other covered personal data (as defined in subsection (e)).
Title VI Transparency
Sec. 601. Enhanced reports by Director of National Intelligence
(a) In general
Section 603(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(b)) is amended—
(1)
in paragraph (2)(C), by striking the semicolon and inserting ; and
;
(2)
by redesignating paragraphs (3) through (7) as paragraphs (6) through (10), respectively;
(3)
by inserting after paragraph (2) the following:
(3)
a description of the subject matter of each of the certifications provided under section 702(h);
(4)
statistics revealing the number of persons targeted and the number of selectors used under section 702(a), disaggregated by the certification under which the person was targeted;
(5)
the total number of directives issued pursuant to section 702(i)(1), disaggregated by each type of electronic communication service provider described in section 701(b)(4);;
(4)
in paragraph (9), as so redesignated, by striking and
at the end;
(5)
in paragraph (10), as so redesignated, by striking the period at the end and inserting a semicolon; and
(6)
by adding at the end the following:
(11)
(A)
the total number of disseminated intelligence reports derived from collection pursuant to section 702 containing the identities of United States persons, regardless of whether the identities of the United States persons were openly included or masked;
(B)
the total number of disseminated intelligence reports derived from collection not authorized by this Act and conducted under procedures approved by the Attorney General containing the identities of United States persons, regardless of whether the identities of the United States persons were openly included or masked;
(C)
the total number of disseminated intelligence reports derived from collection pursuant to section 702 containing the identities of United States persons in which the identities of the United States persons were masked;
(D)
the total number of disseminated intelligence reports derived from collection not authorized by this Act and conducted under procedures approved by the Attorney General containing the identities of United States persons in which the identities of the United States persons were masked;
(E)
the total number of disseminated intelligence reports derived from collection pursuant to section 702 containing the identities of United States persons in which the identities of the United States persons were openly included; and
(F)
the total number of disseminated intelligence reports derived from collection not authorized by this Act and conducted under procedures approved by the Attorney General containing the identities of United States persons in which the identities of the United States persons were openly included;
(12)
the number of queries conducted in an effort to find communications or information of or about 1 or more United States persons or persons reasonably believed to be located in the United States at the time of the query or the time of the communication or creation of the information, where such communications or information were obtained under procedures approved by the Attorney General and without a court order, subpoena, or other legal process established by statute;
(13)
the number of criminal proceedings in which the Federal Government or a government of a State or political subdivision thereof entered into evidence or otherwise used or disclosed in a criminal proceeding any information obtained or derived from an acquisition conducted under procedures approved by the Attorney General and without a court order, subpoena, or other legal process established by statute; and
(14)
a good faith estimate of what percentage of the communications that are subject to the procedures described in section 309(b)(3) of the Intelligence Authorization Act for Fiscal Year 2015 (50 U.S.C. 1813(b)(3))—
(A)
are retained for more than 5 years; and
(B)
are retained for more than 5 years because, in whole or in part, the communications are encrypted.
(b) Repeal of nonapplicability to Federal Bureau of Investigation of certain requirements
Section 603(d) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(d)) is amended—
(1)
by striking paragraph (2); and
(2)
by redesignating paragraph (3) as paragraph (2).
(c) Conforming amendment
Section 603(d)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(d)(1)) is amended by striking paragraphs (3), (5), or (6)
and inserting paragraph (6), (8), or (9)
.
Sec. 602. Notification to Congress of certain unauthorized disclosures
Section 18(a) of the Reforming Intelligence and Securing America Act (50 U.S.C. 1881a note) is amended by striking congressional intelligence committees
and inserting appropriate congressional committees
.
Title VII Limited delays in implementation
Sec. 701. Limited delays in implementation
(a) Definition
In this section, the term appropriate committees of Congress means—
(1)
the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003));
(2)
the Committee on the Judiciary of the Senate; and
(3)
the Committee on the Judiciary of the House of Representatives.
(b) Authority
The Attorney General may, in coordination with the Director of National Intelligence as may be appropriate, delay implementation of a provision of this Act or an amendment made by this Act for a period of not more than 180 days upon a showing to the appropriate committees of Congress that the delay is necessary—
(1)
to develop and implement technical systems needed to comply with the provision or amendment; or
(2)
to hire or train personnel needed to comply with the provision or amendment.