[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3242 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3242
To amend the Foreign Intelligence Surveillance Act of 1978 to protect
privacy rights, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2020
Mr. Wyden (for himself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to protect
privacy rights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safeguarding
Americans' Private Records Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REFORM AND OVERSIGHT OF AUTHORITY TO ACCESS CERTAIN BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS AND FOR ROVING SURVEILLANCE
Subtitle A--Reform and Oversight of Authority To Access Certain
Business Records for Foreign Intelligence and International Terrorism
Investigations
Sec. 101. Repeal of authority to access on an ongoing basis business
records for foreign intelligence and
international terrorism investigations.
Sec. 102. Exclusion of cell site location and global positioning system
information from authority to access
business records for foreign intelligence
and international terrorism investigations.
Sec. 103. Exclusion of internet website browsing and internet search
history information from authority to
access business records for foreign
intelligence and international terrorism
investigations.
Sec. 104. Exclusion from authority to access business records for
foreign intelligence and international
terrorism investigations of information
that would otherwise require a warrant.
Sec. 105. Modification of requirements relating to connection to
foreign power for access business records
for foreign intelligence and international
terrorism investigations.
Sec. 106. Justification for nondisclosure requirement concerning access
business records for foreign intelligence
and international terrorism investigations.
Sec. 107. Limitations on retention of tangible things for foreign
intelligence and international terrorism
investigations.
Sec. 108. Judicial review of compliance with minimization procedures
for access to certain business records for
foreign intelligence and international
terrorism investigations.
Sec. 109. Modification of requirement for Director of National
Intelligence to report annually on matters
relating to orders issued for production of
tangible things for foreign intelligence
and international terrorism investigations.
Sec. 110. Limitations on use of information obtained under authority to
access business records for foreign
intelligence and international terrorism
investigations.
Sec. 111. Reforms relating to use of information.
Sec. 112. Inspector General of Department of Justice report on use of
activities protected by First Amendment in
applications for production of business
records for foreign intelligence and
international terrorism investigations.
Sec. 113. Annual report on waiver of prohibition on use of information
obtained without an order for production of
business records for foreign intelligence
and international terrorism investigations.
Subtitle B--Oversight on Use of Authority for Roving Surveillance
Sec. 121. Inspector General of Department of Justice report on
compliance with requirements relating to
use of authority for electronic
surveillance.
Sec. 122. Annual report on waiver of prohibition on use of information
obtained without an order for electronic
surveillance.
Subtitle C--Extension of Authority To Access Certain Business Records
for Foreign Intelligence and International Terrorism Investigations and
for Roving Surveillance
Sec. 131. Four-year extension of authority to access certain business
records for foreign intelligence and
international terrorism investigations and
for roving surveillance.
TITLE II--ADDITIONAL REFORMS OF AUTHORITIES UNDER FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978
Sec. 201. Limitation on production of cell site location and global
positioning system information under pen
register and trap and trace authorities.
Sec. 202. Extension of authority for individual terrorists to be
treated as agents of foreign powers under
Foreign Intelligence Surveillance Act of
1978.
Sec. 203. Clarification regarding treatment of information acquired
under Foreign Intelligence Surveillance Act
of 1978.
TITLE III--REFORMS REGARDING FOREIGN INTELLIGENCE SURVEILLANCE ACT
COURT AND PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
Sec. 301. Improved role in oversight of electronic surveillance by
amici curiae appointed by courts under
Foreign Intelligence Surveillance Act of
1978.
Sec. 302. Reforms to the Foreign Intelligence Surveillance Court.
Sec. 303. Study and report on diversity and representation on the FISA
Court and the FISA Court of Review.
Sec. 304. Reforms of the Privacy and Civil Liberties Oversight Board.
Sec. 305. Clarification of applicability of requirement to declassify
significant decisions of Foreign
Intelligence Surveillance Court and Foreign
Intelligence Surveillance Court of Review.
TITLE IV--SUNSET OF NATIONAL SECURITY LETTER AUTHORITIES
Sec. 401. Sunset of National Security Letter authority.
TITLE V--OTHER MATTERS
Sec. 501. Limitation on collection without express statutory authority.
TITLE I--REFORM AND OVERSIGHT OF AUTHORITY TO ACCESS CERTAIN BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS AND FOR ROVING SURVEILLANCE
Subtitle A--Reform and Oversight of Authority To Access Certain
Business Records for Foreign Intelligence and International Terrorism
Investigations
SEC. 101. REPEAL OF AUTHORITY TO ACCESS ON AN ONGOING BASIS BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL
TERRORISM INVESTIGATIONS.
(a) In General.--Subsection (a) of section 501 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by
adding at the end the following:
``(4) The authority under paragraph (1) shall not include an
application for an order requiring the production--
``(A) on an ongoing basis of any tangible things; or
``(B) of any tangible things other than those identified by
the specific selection term included in the application
pursuant to subsection (b)(2)(A).''.
(b) Conforming Amendments.--Such Act is amended--
(1) in section 501 (50 U.S.C. 1861)--
(A) in subsection (a)(1), by striking ``Subject to
paragraph (3)'' and inserting ``Subject to the
provisions of this subsection'';
(B) in subsection (b)(2)--
(i) by striking subparagraph (C);
(ii) in subparagraph (B), by striking ``in
the case of'' and all that follows through ``in
subparagraph (C)),'';
(iii) by redesignating subparagraph (D) as
subparagraph (C); and
(iv) in subparagraph (B)(iii), by striking
the semicolon at the end and inserting ``;
and'';
(C) in subsection (c)--
(i) in paragraph (1), by striking ``with
subsection (b)(2)(D)'' and inserting ``with
subsection (b)(2)(C)''; and
(ii) in paragraph (2), by striking
subparagraph (F) and inserting the following:
``(F) in the case of an application for call detail
records, shall direct the Government--
``(i) to adopt minimization procedures that
require the prompt destruction of all call
detail records produced under the order that
the Government determines are not foreign
intelligence information; and
``(ii) to destroy all call detail records
produced under the order as prescribed by such
procedures.'';
(D) by amending subsection (j) to read as follows:
``(j) Compensation.--The Government shall compensate a person for
reasonable expenses incurred for providing technical assistance to the
Government under this section.''; and
(E) in subsection (k)(4)(B), by striking ``For
purposes of an application submitted under subsection
(b)(2)(C)'' and inserting ``In the case of an
application for a call detail record'';
(2) in section 502(b) (50 U.S.C. 1862(b))--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7), respectively;
(3) in section 603(b)(6) (50 U.S.C. 1873(b)(6))--
(A) in the matter before subparagraph (A), by
striking ``under section 501(b)(2)(C)'' and inserting
``under section 501(b)(2)(B)''; and
(B) in subparagraph (C), by striking ``any database
of''; and
(4) in section 604(a)(1)(F) (50 U.S.C. 1874(a)(1)(F))--
(A) by striking clause (iii);
(B) in clause (ii), by striking ``; and'' and
inserting a period; and
(C) in clause (i), by striking the semicolon and
inserting ``; and''.
(c) Technical Correction.--Paragraph (3) of section 501(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(a)) is
amended by indenting such paragraph 2 ems to the left.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply with
respect to applications made under section 501 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) on or after such
date.
SEC. 102. EXCLUSION OF CELL SITE LOCATION AND GLOBAL POSITIONING SYSTEM
INFORMATION FROM AUTHORITY TO ACCESS BUSINESS RECORDS FOR
FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS.
Section 501(k) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861(k)) is amended by adding at the end the following:
``(5) The term `tangible thing' does not include the
following:
``(A) Cell site location information.
``(B) Global positioning system information.''.
SEC. 103. EXCLUSION OF INTERNET WEBSITE BROWSING AND INTERNET SEARCH
HISTORY INFORMATION FROM AUTHORITY TO ACCESS BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL
TERRORISM INVESTIGATIONS.
Paragraph (5) of section 501(k) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(k)), as added by section 102,
is amended by adding at the end the following:
``(C) Internet website browsing information.
``(D) Internet search history information.''.
SEC. 104. EXCLUSION FROM AUTHORITY TO ACCESS BUSINESS RECORDS FOR
FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS OF INFORMATION THAT WOULD OTHERWISE
REQUIRE A WARRANT.
Section 501(a) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861(a)), as amended by section 101, is further amended by
adding at the end the following:
``(5) The authority under paragraph (1) shall not include an
application for an order authorizing or requiring the production of a
tangible thing if the compelled production of such thing would require
a warrant for law enforcement purposes.''.
SEC. 105. MODIFICATION OF REQUIREMENTS RELATING TO CONNECTION TO
FOREIGN POWER FOR ACCESS BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
Section 501(b)(2)(B) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1861(b)(2)(B)), as amended by section 101(b)(1)(A),
is amended--
(1) by inserting ``and material'' after ``sought are
relevant''; and
(2) by striking ``such things being presumptively relevant
to an authorized investigation if the applicant shows in the
statement of facts that they'' and inserting ``and that such
tangible things sought''.
SEC. 106. JUSTIFICATION FOR NONDISCLOSURE REQUIREMENT CONCERNING ACCESS
BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND
INTERNATIONAL TERRORISM INVESTIGATIONS.
(a) In General.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B), by striking ``and'' after
the semicolon;
(B) in paragraph (2)(D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) if the applicant is seeking a nondisclosure
requirement described in subsection (d), shall include--
``(A) the time period during which the Director of
the Federal Bureau of Investigation believes the
nondisclosure requirement should apply;
``(B) a statement of facts showing that there are
reasonable grounds to believe that disclosure of
particular information about the existence or contents
of the order requiring the production of tangible
things under this section during such time period will
result in--
``(i) endangering the life or physical
safety of any person;
``(ii) flight from investigation or
prosecution;
``(iii) destruction of or tampering with
evidence;
``(iv) intimidation of potential witnesses;
``(v) interference with diplomatic
relations;
``(vi) alerting a target, an associate of a
target, or the foreign power of which the
target is an agent, of the interest of the
Government in the target; or
``(vii) otherwise seriously endangering the
national security of the United States; and
``(C) an explanation of how the nondisclosure
requirement is narrowly tailored to address the
specific harm identified under subparagraph (B).'';
(2) in subsection (c), by adding at the end the following:
``(5) If a judge who issues an order under this subsection
upon an application made pursuant to this section that includes
a request for a nondisclosure requirement described in
subsection (d) finds that the requirements of subsection (b)(3)
have been met, such order shall include a nondisclosure
requirement that applies for a period of up to 1 year, unless
the judge determines that the facts justify a longer period of
nondisclosure, subject to the principles and procedures
described in subsection (d).''; and
(3) by amending subsection (d) to read as follows:
``(d) Nondisclosure.--
``(1) In general.--No person who receives an order entered
under subsection (c) that contains a nondisclosure requirement
shall disclose to any person the particular information
specified in the nondisclosure requirement during the time
period to which the requirement applies.
``(2) Exception.--
``(A) In general.--A person who receives an order
entered under subsection (c) that contains a
nondisclosure requirement may disclose information
otherwise subject to any applicable nondisclosure
requirement to--
``(i) those persons to whom disclosure is
necessary to comply with the order;
``(ii) an attorney to obtain legal advice
or assistance regarding the order; or
``(iii) other persons as permitted by the
Director of the Federal Bureau of Investigation
or the designee of the Director.
``(B) Application.--A person to whom disclosure is
made under subparagraph (A) shall be subject to the
nondisclosure requirements applicable to a person to
whom an order is directed under this section in the
same manner as the person to whom the order is
directed.
``(C) Notice.--Any person who discloses to a person
described in subparagraph (A) information otherwise
subject to a nondisclosure requirement shall notify the
person of the applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At
the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any
person making or intending to make a disclosure under
clause (i) or (iii) of subparagraph (A) shall identify
to the Director or such designee the person to whom
such disclosure will be made or to whom such disclosure
was made prior to the request.
``(3) Extension.--The Director of the Federal Bureau of
Investigation, or a designee of the Director (whose rank shall
be no lower than Assistant Special Agent in Charge), may apply
for renewals of the prohibition on disclosure of particular
information about the existence or contents of an order
requiring the production of tangible things under this section
for additional periods of not longer than 1 year, unless the
facts justify a longer period of nondisclosure. A nondisclosure
requirement shall be renewed if a court having jurisdiction
under paragraph (4) determines that the statement of facts
included in the application pursuant to subsection (b)(3)(B) is
true and credible.
``(4) Jurisdiction.--An application for a renewal under
this subsection shall be made to--
``(A) a judge of the court established under
section 103(a); or
``(B) a United States Magistrate Judge under
chapter 43 of title 28, United States Code, who is
publicly designated by the Chief Justice of the United
States to have the power to hear applications and grant
orders for the production of tangible things under this
section on behalf of a judge of the court established
under section 103(a).''.
(b) Conforming Amendment.--Section 501(f)(1)(B) of such Act (50
U.S.C. 1861(f)(1)(B)) is amended by striking ``an order imposed under
subsection (d)'' and inserting ``a nondisclosure requirement imposed in
connection with a production order''.
SEC. 107. LIMITATIONS ON RETENTION OF TANGIBLE THINGS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
Section 501(g)(2) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861(g)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) procedures that require that nonpublicly
available information shall not be retained for more
than three years unless determined to include foreign
intelligence information; and''; and
(4) in subparagraph (D), as redesignated by paragraph (2),
by striking ``and (B)'' and inserting ``(B), and (C)''.
SEC. 108. JUDICIAL REVIEW OF COMPLIANCE WITH MINIMIZATION PROCEDURES
FOR ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
Section 501(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861(c)), as amended by section 106(a)(2), is further
amended by adding at the end the following:
``(6) Judicial review of compliance with minimization
procedures.--At or before the end of the period for the
production of tangible things under an order entered under this
section or at any time after the production of tangible things
under an order entered under this section, a judge may assess
compliance with the minimization procedures required by such
order by reviewing the circumstances under which information
concerning United States persons was acquired, retained, or
disseminated.''.
SEC. 109. MODIFICATION OF REQUIREMENT FOR DIRECTOR OF NATIONAL
INTELLIGENCE TO REPORT ANNUALLY ON MATTERS RELATING TO
ORDERS ISSUED FOR PRODUCTION OF TANGIBLE THINGS FOR
FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS.
(a) In General.--Subsection (b)(5) of section 603 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1873) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B)--
(A) by inserting ``, including information received
electronically and through hard-copy and portable
media'' after ``such orders''; and
(B) by striking the semicolon and inserting ``;
and''; and
(3) by adding at the end the following:
``(C) the number of individuals for whom unique
identifiers, unique personal identifiable information,
or other identifying information has been collected
pursuant to such orders, including information received
electronically and through hard-copy and portable
media;
``(D) the number of search terms that included
information concerning a United States person that were
used to query any database containing records obtained
through the use of such orders;
``(E) the number of queries described in
subparagraph (D) that returned information obtained
from orders issued pursuant to applications made under
section 501(b)(2);
``(F) the number of times the Attorney General
required the emergency production of tangible things
pursuant to section 501(i)(1) and the application under
subparagraph (D) of such section was denied; and
``(G) the number of warrants under title I of this
Act and the number of warrants under title 18, United
States Code, that relied on information obtained
through the use of such orders;''.
(b) Additional Information.--Subsection (b)(2) of such section is
amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D) the number of queries described in
subparagraph (C) that returned information obtained
from orders issued under such section; and''.
(c) Repeal of Nonapplicability to Federal Bureau of Investigation
of Certain Reporting Requirements.--Subsection (d)(2) of such section
is amended by striking ``(A) Federal bureau'' and all that follows
through ``Paragraph (3)(B) of'' and inserting ``Paragraph (3)(B)''.
SEC. 110. LIMITATIONS ON USE OF INFORMATION OBTAINED UNDER AUTHORITY TO
ACCESS BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND
INTERNATIONAL TERRORISM INVESTIGATIONS.
Section 501(h) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861(h)) is amended--
(1) by striking ``Information acquired'' and inserting the
following:
``(1) In general.--Information acquired''; and
(2) by adding at the end the following:
``(2) Limitation on use in criminal, civil, and
administrative proceedings and investigations.--No information
about a person acquired as described in paragraph (1) who is
either a United States person or is located in the United
States may be introduced as evidence against the person in any
criminal, civil, or administrative proceeding or used as part
of any criminal, civil, or administrative investigation,
except--
``(A) with the prior approval of the Attorney
General; and
``(B) in a proceeding or investigation in which the
information is directly related to and necessary to
address a specific threat of--
``(i) terrorism (as defined in clauses (i)
through (iii) of section 2332(g)(5)(B) of title
18, United States Code);
``(ii) espionage (as used in chapter 37 of
title 18, United States Code);
``(iii) proliferation or use of a weapon of
mass destruction (as defined in section
2332a(c) of title 18, United States Code);
``(iv) a cybersecurity threat from a
foreign country;
``(v) incapacitation or destruction of
critical infrastructure (as defined in section
1016(e) of the Uniting and Strengthening
America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)));
or
``(vi) a threat to the armed forces of the
United States or an ally of the United States
or to other personnel of the United States
Government or a government of an ally of the
United States.''.
SEC. 111. REFORMS RELATING TO USE OF INFORMATION.
(a) Compliance With Minimization Procedures; Privileged
Communications; Lawful Purposes.--Subsection (a) of section 106 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806) is
amended by inserting ``or an order issued under section 501'' after
``pursuant to this title'' both places it appears.
(b) Statement for Disclosure.--Subsection (b) of such section is
amended by inserting ``or an order issued under section 501'' after
``pursuant to this title''.
(c) Notification by United States.--Subsection (c) of such section
is amended by inserting ``or an order issued under section 501'' after
``authority of this title''.
(d) Notification by States or Political Subdivisions.--Subsection
(d) of such section is amended--
(1) by inserting ``or an order for production issued under
section 501'' after ``authority of this title''; and
(2) by inserting ``or production regarding'' after
``surveillance of''.
(e) Motion To Suppress.--Subsection (e) of such section is
amended--
(1) by inserting ``or an order for production issued under
section 501'' after ``from an electronic surveillance''; and
(2) by inserting ``or order'' after ``such electronic
surveillance''.
(f) In Camera and Ex Parte Review by District Court.--Subsection
(f) of such section is amended--
(1) in the first sentence--
(A) by inserting ``or an order for production
issued under section 501'' after ``electronic
surveillance'' both places it appears;
(B) by inserting ``or the production'' after ``to
the surveillance''; and
(C) by inserting ``or production regarding'' after
``surveillance of''; and
(2) in the second sentence, by inserting ``or production''
after ``surveillance'' both places it appears.
(g) Suppression of Evidence; Denial of Motion.--Subsection (g) of
such section is amended--
(1) by inserting ``or production'' after ``the
surveillance'' both places it appears; and
(2) by inserting ``or an order for production issued under
section 501'' after ``electronic surveillance''.
(h) Finality of Orders.--Subsection (h) of such section is
amended--
(1) by inserting ``or an order for production issued under
section 501'' after ``electronic surveillance''; and
(2) by inserting ``or production'' after ``a
surveillance''.
(i) Destruction of Unintentionally Acquired Information.--
Subsection (i) of such section is amended--
(1) by inserting ``production or'' after ``unintentional'';
and
(2) by inserting ``or records'' after ``contents'' each
place it appears.
(j) Notification of Emergency Employment of Electronic
Surveillance; Contents; Postponement, Suspension, or Elimination.--
Subsection (j) of such section is amended--
(1) in the matter before paragraph (1)--
(A) by inserting ``or emergency production under
section 501(i)'' after ``of section 105''; and
(B) by inserting ``or the emergency production''
after ``to electronic surveillance''; and
(2) in paragraph (2), by inserting ``or production'' after
``surveillance''.
(k) Clarification of Aggrieved Person.--Such section is amended by
adding at the end the following:
``(l) For purposes of this section, the term `aggrieved person'
shall include an individual about whom information has been collected
pursuant to an order entered under section 501.''.
SEC. 112. INSPECTOR GENERAL OF DEPARTMENT OF JUSTICE REPORT ON USE OF
ACTIVITIES PROTECTED BY FIRST AMENDMENT IN APPLICATIONS
FOR PRODUCTION OF BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
(a) Report Required.--Not later than December 31, 2021, the
Inspector General of the Department of Justice shall submit to the
Committee on the Judiciary and the Select Committee on Intelligence of
the Senate and the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives a report on
the use of activities and protected classes described in subsection (b)
in--
(1) applications for orders under section 501 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861);
and
(2) investigations for which such orders are sought.
(b) Activities and Protected Classes Described.--The activities and
protected classes described in this subsection are the following:
(1) Activities and expression protected by the first
amendment to the Constitution of the United States.
(2) Race, ethnicity, national origin, religious
affiliation, and such other protected classes as the Inspector
General considers appropriate.
SEC. 113. ANNUAL REPORT ON WAIVER OF PROHIBITION ON USE OF INFORMATION
OBTAINED WITHOUT AN ORDER FOR PRODUCTION OF BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL
TERRORISM INVESTIGATIONS.
Section 501(i) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861(i)) is amended by adding at the end the following:
``(7) Annual report on waivers of prohibition against use
of information obtained without order.--Not less frequently
than once each year, the Attorney General shall submit to the
Committee on the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on the Judiciary
and the Permanent Select Committee on Intelligence of the House
of Representatives an annual report on all cases in which the
Attorney General approved the use of information that would
otherwise be prohibited under paragraph (5).''.
Subtitle B--Oversight on Use of Authority for Roving Surveillance
SEC. 121. INSPECTOR GENERAL OF DEPARTMENT OF JUSTICE REPORT ON
COMPLIANCE WITH REQUIREMENTS RELATING TO USE OF AUTHORITY
FOR ELECTRONIC SURVEILLANCE.
(a) Report Required.--Not later than December 31, 2021, the
Inspector General of the Department of Justice shall submit to the
Committee on the Judiciary and the Select Committee on Intelligence of
the Senate and the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives a report on
compliance with section 105(c)(3) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(c)(3)).
(b) Contents.--The report submitted under subsection (a) shall
cover the 3-year period ending on the date of the enactment of this Act
and include the following:
(1) An assessment of the processes, if any, employed by the
Director of the Federal Bureau of Investigation to ascertain
whether each new facility or place at which electronic
surveillance was directed was used by the target of the
surveillance.
(2) An assessment of whether each new facility or place at
which electronic surveillance was directed was used by--
(A) the target of the surveillance; and
(B) individuals other than the target of the
surveillance, including the number of such individuals.
(3) The effectiveness of minimization procedures to limit
collection of facilities or places that are determined were not
used by the target of the surveillance.
(4) An assessment of the process whereby orders are
approved absent knowledge of the identity of the target.
(5) The number of orders in which the identity of the
target is not known.
SEC. 122. ANNUAL REPORT ON WAIVER OF PROHIBITION ON USE OF INFORMATION
OBTAINED WITHOUT AN ORDER FOR ELECTRONIC SURVEILLANCE.
Section 105(e) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(e)) is amended by adding at the end the following:
``(7) Not less frequently than once each year, the Attorney General
shall submit to the Committee on the Judiciary and the Select Committee
on Intelligence of the Senate and the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House of
Representatives an annual report on all cases in which the Attorney
General approved the use of information that would otherwise be
prohibited under paragraph (5).''.
Subtitle C--Extension of Authority To Access Certain Business Records
for Foreign Intelligence and International Terrorism Investigations and
for Roving Surveillance
SEC. 131. FOUR-YEAR EXTENSION OF AUTHORITY TO ACCESS CERTAIN BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL
TERRORISM INVESTIGATIONS AND FOR ROVING SURVEILLANCE.
Section 102 of the USA PATRIOT Improvement and Reauthorization Act
of 2005 (Public Law 109-177; 50 U.S.C. 1805 note) is amended by
striking ``March 15, 2020'' and inserting ``December 15, 2023''.
TITLE II--ADDITIONAL REFORMS OF AUTHORITIES UNDER FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978
SEC. 201. LIMITATION ON PRODUCTION OF CELL SITE LOCATION AND GLOBAL
POSITIONING SYSTEM INFORMATION UNDER PEN REGISTER AND
TRAP AND TRACE AUTHORITIES.
Section 402(d) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1842(d)) is amended by adding at the end the following:
``(4) No cell site location or global positioning system
information may be produced pursuant to an order under this
subsection.''.
SEC. 202. EXTENSION OF AUTHORITY FOR INDIVIDUAL TERRORISTS TO BE
TREATED AS AGENTS OF FOREIGN POWERS UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Extension.--Section 6001(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by
striking ``March 15, 2020'' and inserting ``December 15, 2023''.
(b) Reporting.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report that identifies,
for the preceding 12-month period, the number times a person
who engages in international terrorism, or activities in
preparation therefore, not for or on behalf of a foreign power,
was treated as an agent of a foreign power under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(2) Annual reporting.--
(A) In general.--Section 603(b) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1873(b)) is amended--
(i) in paragraph (6)(C), by striking ``;
and'' and inserting a semicolon;
(ii) in paragraph (7), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(8) the number times a person who engages in
international terrorism, or activities in preparation
therefore, not for or on behalf of a foreign power, was treated
as an agent of a foreign power under this Act.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on the date that is
180 days after the date of the enactment of this Act.
SEC. 203. CLARIFICATION REGARDING TREATMENT OF INFORMATION ACQUIRED
UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Definition of Derived.--
(1) In general.--Section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801) is amended by adding
at the end the following:
``(q) For the purposes of notification provisions of this Act,
information or evidence is `derived' from an electronic surveillance,
physical search, use of a pen register or trap and trace device,
production of tangible things, or acquisition under this Act when the
Government would not have originally possessed the information or
evidence but for that electronic surveillance, physical search, use of
a pen register or trap and trace device, production of tangible things,
or acquisition, and regardless of any claim that the information or
evidence is attenuated from the surveillance or search, would
inevitably have been discovered, or was subsequently reobtained through
other means.''.
(2) Policies and guidance.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Attorney General
and the Director of National Intelligence shall publish
the following:
(i) Policies concerning the application of
subsection (q) of section 101 of such Act, as
added by paragraph (1).
(ii) Guidance for all members of the
intelligence community (as defined in 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 such subsection.
(B) Modifications.--Whenever the Attorney General
and the Director modify a policy or guidance published
under subparagraph (A), the Attorney General and the
Director shall publish such modifications.
(b) Use of Information Acquired Under Title VII.--Section 706 of
such Act (50 U.S.C. 1881e) is amended--
(1) in subsection (a), by striking ``, except for the
purposes of subsection (j) of such section''; and
(2) by amending subsection (b) to read as follows:
``(b) Information Acquired Under Sections 703-705.--Information
acquired from an acquisition conducted under section 703, 704, or 705
shall be deemed to be information acquired from an electronic
surveillance pursuant to title I for the purposes of section 106.''.
TITLE III--REFORMS REGARDING FOREIGN INTELLIGENCE SURVEILLANCE ACT
COURT AND PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
SEC. 301. IMPROVED ROLE IN OVERSIGHT OF ELECTRONIC SURVEILLANCE BY
AMICI CURIAE APPOINTED BY COURTS UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Role of Amici Curiae Generally.--
(1) In general.--Section 103(i)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(1)) is
amended by adding at the end the following: ``Any amicus curiae
designated pursuant to this paragraph may raise any issue with
the Court at any time.''.
(2) Referral of cases for review.--Section 103(i) of such
Act is amended--
(A) by redesignating paragraphs (5) through (11) as
paragraphs (6) through (12), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) Referral for review.--
``(A) Referral to foreign intelligence surveillance
court en banc.--If the court established under
subsection (a) appoints an amicus curiae under
paragraph (2)(A) to assist the Court in the
consideration of any matter presented to the Court
under this Act and the Court makes a decision with
respect to such matter, the Court, in response to an
application by the amicus curiae or any other
individual designated under paragraph (1), may refer
the decision to the Court en banc for review as the
Court considers appropriate.
``(B) Referral to foreign intelligence surveillance
court of review.--If the court established under
subsection (a) appoints an amicus curiae under
paragraph (2)(A) to assist the Court in the
consideration of any matter presented to the Court
under this Act and the Court makes a decision with
respect to such matter, the Court, in response to an
application by the amicus curiae or any other
individual designated under paragraph (1) may refer the
decision to the court established under subsection (b)
for review as the Court considers appropriate.
``(C) Referral to supreme court.--If the Court of
Review appoints an amicus curiae under paragraph (2) to
assist the Court of Review in the review of any matter
presented to the Court of Review under this Act or a
question of law that may affect resolution of a matter
in controversy and the Court of Review makes a decision
with respect to such matter or question of law, the
Court of Review, in response to an application by the
amicus curiae or any other individual designated under
paragraph (1) may refer the decision to the Supreme
Court for review as the Court of Review considers
appropriate.
``(D) Annual report.--Not later than 60 days after
the end of each calendar year, the Court and the Court
of Review shall each publish, on their respective
Internet websites, a report listing--
``(i) the number of applications for
referral received by the Court or the Court of
Review, as applicable, during the most recently
concluded calendar year; and
``(ii) the number of such applications for
referral that were granted by the Court or the
Court of Review, as applicable, during such
calendar year.''.
(3) Assistance.--Section 103(i)(6) of such Act, as
redesignated, is further amended to read as follows:
``(6) Assistance.--Any individual designated pursuant to
paragraph (1) may raise a legal or technical issue or any other
issue with the Court or the Court of Review at any time. If an
amicus curiae is appointed under paragraph (2)(A)--
``(A) the court shall notify all other amicus
curiae designated under paragraph (1) of such
appointment;
``(B) the appointed amicus curiae may request,
either directly or through the court, the assistance of
the other amici curiae designated under paragraph (1);
and
``(C) all amici curiae designated under paragraph
(1) may provide input to the court whether or not such
input was formally requested by the court or the
appointed amicus curiae.''.
(4) Access to information.--Section 103(i)(7) of such Act,
as redesignated, is further amended--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by striking ``that the court''
and inserting the following: ``that--
``(I) the court''; and
(II) by striking ``and'' at the end
and inserting the following: ``or
``(II) are cited by the Government
in an application or case with respect
to which an amicus curiae is assisting
a court under this subsection;'';
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) shall have access to an unredacted
copy of each decision made by a court
established under subsection (a) or (b) in
which the court decides a question of law,
notwithstanding whether the decision is
classified; and'';
(B) in subparagraph (B), by striking ``may'' and
inserting ``shall''; and
(C) in subparagraph (C)--
(i) in the subparagraph heading, by
striking ``Classified information'' and
inserting ``Access to information'';
(ii) by striking ``court may have access''
and inserting the following: ``court--
``(i) shall have access to unredacted
copies of each opinion, order, transcript,
pleading, or other document of the Court and
the Court of Review; and
``(ii) may have access''; and
(iii) in clause (ii), as designated by
clause (ii) of this subparagraph, by striking
``and to the extent consistent with the
national security of the United States''.
(5) Public notice and receipt of briefs from third
parties.--Section 103(i) of such Act, as amended by this
subsection, is further amended by adding at the end the
following:
``(13) Public notice and receipt of briefs from third
parties.--Whenever a court established under subsection (a) or
(b) considers a novel a question of law that can be considered
without disclosing classified information, sources, or methods,
the court shall, to the greatest extent practicable, consider
such question in an open manner--
``(A) by publishing on its Internet website each
question of law that the court is considering; and
``(B) by accepting briefs from third parties
relating to the question under consideration by the
court.''.
(b) Participation of Amici Curiae in Oversight of Authorizations
for Targeting of Certain Persons Outside the United States Other Than
United States Persons.--
(1) In general.--Section 702(j)(2) of such Act (50 U.S.C.
1881a(j)(2)) is amended--
(A) in subparagraph (B), by redesignating clauses
(i) and (ii) as subclauses (I) and (II), respectively,
and adjusting the indentation of the margin of such
subclauses, as so redesignated, two ems to the right;
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
adjusting the indentation of the margin of such
clauses, as so redesignated, two ems to the right;
(C) by inserting before clause (i), as redesignated
by subparagraph (B), the following:
``(A) In general.--''; and
(D) by adding at the end the following:
``(B) Participation by amici curiae.--In reviewing
a certification under subparagraph (A)(i), the Court
shall randomly select an amicus curiae designated under
section 103(i) to assist with such review.''.
(2) Schedule.--Section 702(j)(5)(A) of such Act is amended
by striking ``at least 30 days prior to the expiration of such
authorization'' and inserting ``such number of days before the
expiration of such authorization as the Court considers
necessary to comply with the requirements of paragraph (2)(B)
or 30 days, whichever is greater''.
(c) Public Notice of Questions of Law Certified for Review.--
Section 103(j) of such Act (50 U.S.C. 1803(j)) is amended--
(1) by striking ``Following'' and inserting the following:
``(1) In general.--Following''; and
(2) by adding at the end the following:
``(2) Public notice.--
``(A) In general.--Except as provided in
subparagraph (B), whenever a court established under
subsection (a) certifies a question of law for review
under paragraph (1) of this subsection, the court shall
publish on its Internet website--
``(i) a notice of the question of law to be
reviewed; and
``(ii) briefs submitted by the parties,
which may be redacted at the discretion of the
court to protect sources, methods, and other
classified information.
``(B) Protection of classified information,
sources, and methods.--Subparagraph (A) shall apply to
the greatest extent practicable, consistent with
otherwise applicable law on the protection of
classified information, sources, and methods.''.
SEC. 302. REFORMS TO THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.
(a) FISA Court Judges.--
(1) Number and designation of judges.--Section 103(a)(1) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(a)(1)) is amended to read as follows:
``(1)(A) There is a court which shall have jurisdiction to hear
applications for and to grant orders approving electronic surveillance
anywhere within the United States under the procedures set forth in
this Act.
``(B)(i) The court established under subparagraph (A) shall consist
of 13 judges, one of whom shall be designated from each judicial
circuit (including the United States Court of Appeals for the District
of Columbia and the United States Court of Appeals for the Federal
Circuit).
``(ii) The Chief Justice of the United States shall--
``(I) designate each judge of the court established under
subparagraph (A) from the nominations made under subparagraph
(C); and
``(II) make the name of each judge of such court available
to the public.
``(C)(i) When a vacancy occurs in the position of a judge of the
court established under subparagraph (A) from a judicial circuit, the
chief judge of the circuit shall propose a district judge for a
judicial district within the judicial circuit to be designated for that
position.
``(ii) If the Chief Justice does not designate a district judge
proposed under clause (i), the chief judge shall propose 2 other
district judges for a judicial district within the judicial circuit to
be designated for that position and the Chief Justice shall designate 1
such district judge to that position.
``(D) No judge of the court established under subparagraph (A)
(except when sitting en banc under paragraph (2)) shall hear the same
application for electronic surveillance under this Act which has been
denied previously by another judge of such court.
``(E) If any judge of the court established under subparagraph (A)
denies an application for an order authorizing electronic surveillance
under this Act, such judge shall provide immediately for the record a
written statement of each reason for the judge's decision and, on
motion of the United States, the record shall be transmitted, under
seal, to the court of review established in subsection (b).''.
(2) Tenure.--Section 103(d) of such Act is amended by
striking ``redesignation,'' and all that follows through the
end and inserting ``redesignation.''.
(3) Implementation.--
(A) Incumbents.--A district judge designated to
serve on the court established under subsection (a) of
such section before the date of enactment of this Act
may continue to serve in that position until the end of
the term of the district judge under subsection (d) of
such section, as in effect on the day before the date
of the enactment of this Act.
(B) Initial appointment and term.--Notwithstanding
any provision of such section, as amended by paragraphs
(1) and (2), and not later than 180 days after the date
of enactment of this Act, the Chief Justice of the
United States shall--
(i) designate a district court judge who is
serving in a judicial district within the
District of Columbia circuit and proposed by
the chief judge of such circuit to be a judge
of the court established under section 103(a)
of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1803(a)) for an initial term of
7 years; and
(ii) designate a district court judge who
is serving in a judicial district within the
Federal circuit and proposed by the chief judge
of such circuit to be a judge of such court for
an initial term of 4 years.
(b) Court of Review.--Section 103(b) of such Act is amended--
(1) by striking ``The Chief Justice'' and inserting ``(1)
Subject to paragraph (2), the Chief Justice''; and
(2) by adding at the end the following:
``(2) The Chief Justice may designate a district court judge or
circuit court judge to a position on the court established under
paragraph (1) only if at least 5 associate justices approve the
designation of such individual.''.
SEC. 303. STUDY AND REPORT ON DIVERSITY AND REPRESENTATION ON THE FISA
COURT AND THE FISA COURT OF REVIEW.
(a) Study.--The Committee on Intercircuit Assignments of the
Judicial Conference of the United States shall conduct a study on how
to ensure judges are appointed to the court established under
subsection (a) of section 103 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1803) and the court established under subsection
(b) of such section in a manner that ensures such courts are diverse
and representative.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Committee on Intercircuit Assignments shall submit to
Congress a report on the study carried out under subsection (a).
SEC. 304. REFORMS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Inclusion of Foreign Intelligence Activities in Oversight
Authority of the Privacy and Civil Liberties Oversight Board.--Section
1061 of the Intelligence Reform and Terrorism Prevention Act of 2004
(42 U.S.C. 2000ee) is amended--
(1) in subsection (c), by inserting ``and to conduct
foreign intelligence activities'' after ``terrorism'' each
place such term appears; and
(2) in subsection (d), ``and to conduct foreign
intelligence activities'' after ``terrorism'' each place such
term appears.
(b) Submission of Whistleblower Complaints to the Privacy and Civil
Liberties Oversight Board.--
(1) In general.--Such section, as amended by subsection
(a), is further amended--
(A) in subsection (d), by adding at the end the
following:
``(5) Whistleblower complaints.--
``(A) Submission to board.--An employee of, or
contractor or detailee to, an element of the
intelligence community may submit to the Board a
complaint or information that such employee,
contractor, or detailee believes relates to a privacy
or civil liberties concern. The confidentiality
provisions under section 2409(b)(3) of title 10, United
States Code, shall apply to a submission under this
subparagraph. Any disclosure under this subparagraph
shall be protected against discrimination under the
procedures, burdens of proof, and remedies set forth in
section 2409 of such title.
``(B) Authority of board.--The Board may take such
action as the Board considers appropriate with respect
to investigating a complaint or information submitted
under subparagraph (A) or transmitting such complaint
or information to any other Executive agency or the
congressional intelligence committees.
``(C) Relationship to existing laws.--The authority
under subparagraph (A) of an employee, contractor, or
detailee to submit to the Board a complaint or
information shall be in addition to any other authority
under another provision of law to submit a complaint or
information. Any action taken under any other provision
of law by the recipient of a complaint or information
shall not preclude the Board from taking action
relating to the same complaint or information.
``(D) Relationship to actions taken under other
laws.--Nothing in this paragraph shall prevent--
``(i) any individual from submitting a
complaint or information to any authorized
recipient of the complaint or information; or
``(ii) the recipient of a complaint or
information from taking independent action on
the complaint or information.''; and
(B) by adding at the end the following:
``(n) Definitions.--In this section, the terms `congressional
intelligence committees' and `intelligence community' have the meanings
given such terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).''.
(2) Prohibited personnel practices.--Section 2302(b)(8)(B)
of title 5, United States Code, is amended, in the matter
preceding clause (i), by striking ``or to the Inspector General
of an agency or another employee designated by the head of the
agency to receive such disclosures'' and inserting ``the
Inspector General of an agency, a supervisor in the employee's
direct chain of command (up to and including the head of the
employing agency), the Privacy and Civil Liberties Oversight
Board, or an employee designated by any of the aforementioned
individuals for the purpose of receiving such disclosures''.
(c) Privacy and Civil Liberties Oversight Board Subpoena Power.--
Subsection (g) of section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee) is amended--
(1) in paragraph (1)(D), by striking ``submit a written
request to the Attorney General of the United States that the
Attorney General'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively.
(d) Tenure and Compensation of Privacy and Civil Liberties
Oversight Board Members and Staff.--
(1) In general.--Such section, as amended by subsections
(a) and (b), is further amended--
(A) in subsection (h)--
(i) in paragraph (1), by inserting ``full-
time'' after ``4 additional''; and
(ii) in paragraph (4)(B), by striking ``,
except that'' and all that follows through the
end and inserting a period;
(B) in subsection (i)(1)--
(i) in subparagraph (A), by striking
``level III of the Executive Schedule under
section 5314'' and inserting ``level II of the
Executive Schedule under section 5313''; and
(ii) in subparagraph (B), by striking
``level IV of the Executive Schedule'' and all
that follows through the end and inserting
``level III of the Executive Schedule under
section 5314 of title 5, United States Code.'';
and
(C) in subsection (j)(1), by striking ``level V of
the Executive Schedule under section 5316'' and
inserting ``level IV of the Executive Schedule under
section 5315''.
(2) Effective date; applicability.--
(A) In general.--The amendments made by paragraph
(1)--
(i) shall take effect on the date of the
enactment of this Act; and
(ii) except as provided in paragraph (2),
shall apply to any appointment to a position as
a member of the Privacy and Civil Liberties
Oversight Board made on or after the date of
the enactment of this Act.
(B) Exceptions.--
(i) Compensation changes.--The amendments
made by subparagraphs (B)(i) and (C) of
paragraph (1) shall take effect on the first
day of the first pay period beginning after the
date of the enactment of this Act.
(ii) Election to serve full time by
incumbents.--
(I) In general.--An individual
serving as a member of the Privacy and
Civil Liberties Oversight Board on the
date of the enactment of this Act,
including a member continuing to serve
as a member under section 1061(h)(4)(B)
of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee(h)(4)(B)), (referred to
in this clause as a ``current member'')
may make an election to--
(aa) serve as a member of
the Privacy and Civil Liberties
Oversight Board on a full-time
basis and in accordance with
section 1061 of the
Intelligence Reform and
Terrorism Prevention Act of
2004 (42 U.S.C. 2000ee), as
amended by this section; or
(bb) serve as a member of
the Privacy and Civil Liberties
Oversight Board on a part-time
basis in accordance with such
section 1061, as in effect on
the day before the date of the
enactment of this Act,
including the limitation on
service after the expiration of
the term of the member under
subsection (h)(4)(B) of such
section, as in effect on the
day before the date of the
enactment of this Act.
(II) Election to serve full time.--
A current member making an election
under subclause (I)(aa) shall begin
serving as a member of the Privacy and
Civil Liberties Oversight Board on a
full-time basis on the first day of the
first pay period beginning not less
than 60 days after the date on which
the current member makes such election.
(e) Provision of Information About Government Activities Under the
Foreign Intelligence Surveillance Act of 1978 to the Privacy and Civil
Liberties Oversight Board.--The Attorney General shall fully inform the
Privacy and Civil Liberties Oversight Board about any activities
carried out by the Government under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), including by
providing to the Board--
(1) copies of each detailed report submitted to a committee
of Congress under such Act; and
(2) copies of each decision, order, and opinion of the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review required to be
included in the report under section 601(a) of such Act (50
U.S.C. 1871(a)).
SEC. 305. CLARIFICATION OF APPLICABILITY OF REQUIREMENT TO DECLASSIFY
SIGNIFICANT DECISIONS OF FOREIGN INTELLIGENCE
SURVEILLANCE COURT AND FOREIGN INTELLIGENCE SURVEILLANCE
COURT OF REVIEW.
(a) Clarification of Applicability.--Section 602 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1872) shall apply with
respect to decisions, orders, and opinions described in subsection (a)
of such section that were issued on, before, or after the date of the
enactment of the Uniting and Strengthening America by Fulfilling Rights
and Ensuring Effective Discipline Over Monitoring Act of 2015 (Public
Law 114-23).
(b) Period for Publication.--Such section is amended by adding at
the end the following:
``(d) Period for Publication.--The Director of National
Intelligence shall ensure that, for each decision, order, and opinion
described in subsection (a), not later than 180 days after the date of
the decision, order, or opinion--
``(1) the declassification review required by such
subsection is completed; and
``(2)(A) the decision, order, or opinion is made publicly
available; or
``(B) a statement is made publicly available pursuant to
subsection (c)(2) with respect to the decision, order, or
opinion.''.
TITLE IV--SUNSET OF NATIONAL SECURITY LETTER AUTHORITIES
SEC. 401. SUNSET OF NATIONAL SECURITY LETTER AUTHORITY.
(a) In General.--Effective on December 15, 2023--
(1) section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414) is repealed;
(2) section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u) is repealed;
(3) section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) is repealed;
(4) section 2709 of title 18, United States Code is
repealed; and
(5) section 3511 of title 18, United States Code is
amended--
(A) by striking ``section 2709(b) of this title,
section 626(a) or (b) or 627(a) of the Fair Credit
Reporting Act, section 1114(a)(5)(A) of the Right to
Financial Privacy Act, or section 802(a) of the
National Security Act of 1947'' each place it appears
and inserting ``section 802(a) of the National Security
Act of 1947 (50 U.S.C. 3162(a))''; and
(B) in subsection (b)--
(i) in paragraph (1)(A), by striking
``section 2709 of this title, section 626 or
627 of the Fair Credit Reporting Act (15 U.S.C.
1681u and 1681v), section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414),
or''; and
(ii) in paragraph (2), by striking ``the
Attorney General'' and all that follows through
``the head or deputy head of the department,
agency, or instrumentality,'' and inserting
``the head or deputy head of the department,
agency, or instrumentality making the
request''.
(b) Conforming Amendments.--Effective on December 15, 2023--
(1) the Right to Financial Privacy Act of 1978 (12 U.S.C.
3401 et seq.) is amended--
(A) in section 1101(1) (12 U.S.C. 3401(1)) by
striking ``, except as provided in section 1114,'';
(B) in section 1102 (12 U.S.C. 3402), in the matter
preceding paragraph (1) by striking ``, 1113, or 1114''
and inserting ``or 1113''; and
(C) in section 1109 (12 U.S.C. 3409)--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as
subsection (c);
(2) section 1510(e) of title 18, United States Code, is
amended by striking ``confidentiality requirements'' and all
that follows through ``National Security Act of 1947 (50 U.S.C.
436(b)(1)),'' and inserting ``confidentiality requirements
under section 802(b)(1) of the National Security Act of 1947
(50 U.S.C. 3162(b)(1)),'';
(3) the table of sections for chapter 121 of title 18,
United States Code, is amended by striking the item relating to
section 2709;
(4) the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) is amended--
(A) in section 603 (50 U.S.C. 1873)--
(i) in subsection (b)--
(I) in paragraph (5), by adding
``and'' at the end;
(II) in paragraph (6), by striking
``; and'' and inserting a period; and
(III) by striking paragraph (7);
and
(ii) in subsection (e)--
(I) by striking paragraph (3); and
(II) by redesignating paragraphs
(4) and (5) as paragraphs (3) and (4),
respectively;
(B) in section 801(8)(B)(2) (50 U.S.C.
1885(8)(B)(2)), by striking ``or 2709(b)''; and
(C) in section 802(a)(2) (50 U.S.C. 1885a(a)(2)),
by striking ``or 2709(b)''; and
(5) section 507 of the National Security Act of 1947 (50
U.S.C. 3106) is amended--
(A) by striking subsection (b) and inserting the
following:
``(b) Semiannual Reports.--The dates for the submittal to the
congressional intelligence committees of the semiannual reports on
decisions not to prosecute certain violations of law under the
Classified Information Procedures Act (18 U.S.C. App.) as required by
section 13 of that Act shall be the dates each year provided in
subsection (c)(2).'';
(B) in subsection (c)(2), by striking ``each
semiannual'' and inserting ``the semiannual''; and
(C) in subsection (d)(1)(B), by striking ``a
semiannual'' and inserting ``the semiannual''.
TITLE V--OTHER MATTERS
SEC. 501. LIMITATION ON COLLECTION WITHOUT EXPRESS STATUTORY AUTHORITY.
(a) Prohibition on Interception and Disclosure of Wire, Oral, or
Electronic Communications.--Section 2511(2)(f) of title 18, United
States Code, is amended by inserting--
(1) by inserting ``(i)'' after ``acquisition by the United
States Government of'';
(2) by inserting ``if the acquisition (I) is pursuant to
express statutory authority or (II) does not include
information of United States persons or persons inside the
United States'' after ``international or foreign
communications''; and
(3) by inserting ``(ii)'' before ``foreign intelligence
activities conducted in accordance with''.
(b) Voluntary Disclosure of Customer Communications or Records.--
Section 2702(a) of title 18, United States Code, is amended by striking
``to the public'' each place it appears.
(c) Exclusive Means Related to Communications Records.--The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
the exclusive means by which electronic communications transactions
records, call detail records, or other information from communications
of United States persons or persons inside the United States are
collected for intelligence purposes from a person or entity located in
the United States that provides telecommunications, electronic
communication or remote computing services.
(d) Exclusive Means Related to Cell Site Location, Global
Positioning System Information, Web Browsing History, and Internet
Search History.--Title I and sections 303, 304, 703, 704, and 705 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive means by
which cell site location, global positioning system information, web
browsing history, and internet search history of United States persons
or persons inside the United States are collected for intelligence
purposes from a person or entity located in the United States.
(e) Exclusive Means Related to Fourth Amendment-Protected
Information.--Title I and sections 303, 304, 703, 704, and 705 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.,
1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive means by which
any information, records, data, or tangible things are collected for
intelligence purposes from a person or entity located in the United
States if the compelled production of such information, records, data,
or tangible things would require a warrant for law enforcement
purposes.
(f) United States Person Defined.--In this section, the term
``United States person'' has the meaning given that term in section
101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(i)).
<all>
Safeguarding Americans' Private Records Act of 2020
#3242 | S Congress #116
Policy Area: Armed Forces and National Security
Subjects: Business recordsCongressional oversightCriminal investigation, prosecution, interrogationEmployment discrimination and employee rightsEvidence and witnessesFirst Amendment rightsGeography and mappingGovernment studies and investigationsIntelligence activities, surveillance, classified informationInternet and video servicesInternet, web applications, social mediaJudgesJudicial procedure and administrationJudicial review and appealsPrivacy and Civil Liberties Oversight BoardRacial and ethnic relationsRight of privacySpecialized courtsSupreme Court
Last Action: Read twice and referred to the Committee on the Judiciary. (1/28/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text