[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>