[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6570 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6570

 To amend the Foreign Intelligence Surveillance Act of 1978 to reform 
 certain authorities and to provide greater transparency and oversight.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2023

   Mr. Biggs (for himself, Mr. Nadler, Mr. Jordan, Ms. Jayapal, Mr. 
Davidson, Ms. Jacobs, and Mr. Fry) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
    Permanent Select Committee on Intelligence, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to reform 
 certain authorities and to provide greater transparency and oversight.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Liberty and End Warrantless 
Surveillance Act''.

SEC. 2. QUERY PROCEDURE REFORM.

    (a) Limitation on Eligibility To Conduct Queries.--Section 
702(f)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1881a(f)(1)) is amended by adding at the end the following:
                    ``(D) Limitation on eligibility of fbi personnel to 
                conduct united states person queries.--The Attorney 
                General shall ensure that the procedures adopted under 
                subparagraph (A) limit the authority to conduct queries 
                such that--
                            ``(i) for each field office of the Federal 
                        Bureau of Investigation, the most senior 
                        official whose primary duty station is that 
                        field office is authorized to designate not 
                        more than five individuals whose primary duty 
                        station is that field office who are eligible 
                        to conduct a query using a United States person 
                        query term; and
                            ``(ii) for the headquarters of the Federal 
                        Bureau of Investigation, the Director of the 
                        Federal Bureau of Investigation is authorized 
                        to designate not more than five individuals 
                        whose primary duty station is the Headquarters 
                        of the Federal Bureau of Investigation who are 
                        eligible to conduct a query using a United 
                        States person query term.''.
    (b) Prohibition on Warrantless Queries for the Communications of 
United States Persons and Persons Located in the United States.--
Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1881a(f)), as amended by subsection (a), is further amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``and the 
                limitations and requirements in paragraph (2)'' after 
                ``Constitution of the United States''; and
                    (B) in subparagraph (B), by striking ``United 
                States person query term used for a query'' and 
                inserting ``term for a United States person or person 
                reasonably believed to be in the United States used for 
                a query as required by paragraph (3)'';
            (2) by redesignating paragraph (3) as paragraph (6); and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) Prohibition on warrantless queries for the 
        communications and other information of united states persons 
        and persons located in the united states.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no officer or employee of 
                the United States may conduct a query of information 
                acquired under this section in an effort to find 
                communications or information the compelled production 
                of which would require a probable cause warrant if 
                sought for law enforcement purposes in the United 
                States, of or about 1 or more United States persons or 
                persons reasonably believed to be located in the United 
                States at the time of the query or the time of the 
                communication or creation of the information.
                    ``(B) Exceptions for concurrent authorization, 
                consent, emergency situations, and certain defensive 
                cybersecurity queries.--
                            ``(i) In general.--Subparagraph (A) shall 
                        not apply to a query related to a United States 
                        person or person reasonably believed to be 
                        located in the United States at the time of the 
                        query or the time of the communication or 
                        creation of the information if--
                                    ``(I) such person is the subject of 
                                an order or emergency authorization 
                                authorizing electronic surveillance or 
                                physical search under section 105 or 
                                304 of this Act, or a warrant issued 
                                pursuant to the Federal Rules of 
                                Criminal Procedure by a court of 
                                competent jurisdiction covering the 
                                period of the query;
                                    ``(II)(aa) the officer or employee 
                                carrying out the query has a reasonable 
                                belief that--
                                            ``(AA) an emergency exists 
                                        involving an imminent threat of 
                                        death or serious bodily harm; 
                                        and
                                            ``(BB) in order to prevent 
                                        or mitigate this threat, the 
                                        query must be conducted before 
                                        authorization pursuant to 
                                        subparagraph (I) can, with due 
                                        diligence, be obtained; and
                                            ``(bb) a description of the 
                                        query is provided to the 
                                        Foreign Intelligence 
                                        Surveillance Court and the 
                                        congressional intelligence 
                                        committees and the Committees 
                                        on the Judiciary of the House 
                                        of Representatives and of the 
                                        Senate in a timely manner;
                                    ``(III) such person or, if such 
                                person is incapable of providing 
                                consent, a third party legally 
                                authorized to consent on behalf of such 
                                person, has provided consent to the 
                                query on a case-by-case basis; or
                                    ``(IV)(aa) the query uses a known 
                                cybersecurity threat signature as a 
                                query term;
    ``(bb) the query is conducted, and the results of the query are 
used, for the sole purpose of identifying targeted recipients of 
malicious software and preventing or mitigating harm from such 
malicious software;
    ``(cc) no additional contents of communications retrieved as a 
result of the query are accessed or reviewed; and
    ``(dd) all such queries are reported to the Foreign Intelligence 
Surveillance Court.
                            ``(ii) Limitations.--
                                    ``(I) Use in subsequent proceedings 
                                and investigations.--No information 
                                retrieved pursuant to a query 
                                authorized by clause (i)(II) or 
                                information derived from such query may 
                                be used, received in evidence, or 
                                otherwise disseminated in any 
                                investigation, trial, hearing, or other 
                                proceeding in or before any court, 
                                grand jury, department, office, agency, 
                                regulatory body, legislative committee, 
                                or other authority of the United 
                                States, a State, or political 
                                subdivision thereof, except in 
                                proceedings or investigations that 
                                arise from the threat that prompted the 
                                query.
                                    ``(II) Assessment of compliance.--
                                The Attorney General shall not less 
                                frequently than annually assess 
                                compliance with the requirements under 
                                subclause (I).
                    ``(C) Matters relating to emergency queries.--
                            ``(i) Treatment of denials.--In the event 
                        that a query for communications or information, 
                        the compelled production of which would require 
                        a probable cause warrant if sought for law 
                        enforcement purposes in the United States, of 
                        or about 1 more United States persons or 
                        persons reasonably believed to be located in 
                        the United States at the time of the query or 
                        the time of the communication or creation of 
                        the information is conducted pursuant to an 
                        emergency authorization described in 
                        subparagraph (B)(i)(I) and the application for 
                        such emergency authorization is denied, or in 
                        any other case in which the query has been 
                        conducted and no order is issued approving the 
                        query--
                                    ``(I) no information obtained or 
                                evidence derived from such query may be 
                                used, received in evidence, or 
                                otherwise disseminated in any 
                                investigation, trial, hearing, or other 
                                proceeding in or before any court, 
                                grand jury, department, office, agency, 
                                regulatory body, legislative committee, 
                                or other authority of the United 
                                States, a State, or political 
                                subdivision thereof; and
                                    ``(II) no information concerning 
                                any United States person or person 
                                reasonably believed to be located in 
                                the United States at the time of the 
                                query or the time of the communication 
                                or the creation of the information 
                                acquired from such query may 
                                subsequently be used or disclosed in 
                                any other manner without the consent of 
                                such person, except with the approval 
                                of the Attorney General if the 
                                information indicates a threat of death 
                                or serious bodily harm to any person.
                            ``(ii) Assessment of compliance.--The 
                        Attorney General shall not less frequently than 
                        annually assess compliance with the 
                        requirements under clause (i).
                    ``(D) Foreign intelligence purpose.--Except as 
                provided in subparagraph (B)(i), no officer or employee 
                of the United States may conduct a query of information 
                acquired under this section in an effort to find 
                information of or about 1 or more United States persons 
                or persons reasonably believed to be located in the 
                United States at the time of the query or the time of 
                the communication or creation of the information unless 
                the query is reasonably likely to retrieve foreign 
                intelligence information.
            ``(3) Documentation.--No officer or employee of the United 
        States may conduct a query of information acquired under this 
        section in an effort to find information of or about 1 or more 
        United States persons or persons reasonably believed to be 
        located in the United States at the time of query or the time 
        of the communication or the creation of the information, unless 
        first an electronic record is created, and a system, mechanism, 
        or business practice is in place to maintain such record, that 
        includes the following:
                    ``(A) Each term used for the conduct of the query.
                    ``(B) The date of the query.
                    ``(C) The identifier of the officer or employee.
                    ``(D) A statement of facts showing that the use of 
                each query term included under subparagraph (A) is--
                            ``(i) reasonably likely to retrieve foreign 
                        intelligence information; or
                            ``(ii) in furtherance of the exceptions 
                        described in paragraph (2)(B)(i).
            ``(4) Prohibition on results of metadata query as a basis 
        for access to communications and other protected information.--
        If a query of information acquired under this section is 
        conducted in an effort to find communications metadata of 1 or 
        more United States persons or persons reasonably believed to be 
        located in the United States at the time of the query or 
        communication and the query returns such metadata, the results 
        of the query shall not be used as a basis for reviewing 
        communications or information a query for which is otherwise 
        prohibited under this section.
            ``(5) Federated datasets.--The prohibitions and 
        requirements in this section shall apply to queries of 
        federated and mixed datasets that include information acquired 
        under this section, unless a mechanism exists to limit the 
        query to information not acquired under this section.''.

SEC. 3. LIMITATION ON USE OF INFORMATION OBTAINED UNDER SECTION 702 OF 
              THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 
              RELATING TO UNITED STATES PERSONS AND PERSONS LOCATED IN 
              THE UNITED STATES IN CRIMINAL, CIVIL, AND ADMINISTRATIVE 
              ACTIONS.

    Paragraph (2) of section 706(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881e(a)) is amended to read as 
follows:
            ``(2) Limitation on use in criminal, civil, and 
        administrative proceedings and investigations.--No information 
        acquired pursuant to section 702(f) of or about a United States 
        person or person reasonably believed to be located in the 
        United States at the time of acquisition or communication may 
        be introduced as evidence against such 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) the commission of a Federal crime of 
                        terrorism under any of clauses (i) through 
                        (iii) of section 2332b(g)(5)(B) of title 18, 
                        United States Code;
                            ``(ii) actions necessitating 
                        counterintelligence (as defined in section 3 of 
                        the National Security Act of 1947 (50 U.S.C. 
                        3003));
                            ``(iii) the proliferation or the use of a 
                        weapon of mass destruction (as defined in 
                        section 2332a(c) of title 18, United States 
                        Code);
                            ``(iv) a cybersecurity breach or attack 
                        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)));
                            ``(vi) an attack against 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; or
                            ``(vii) international narcotics 
                        trafficking.''.

SEC. 4. REPEAL OF AUTHORITY FOR THE RESUMPTION OF ABOUTS COLLECTION.

    (a) In General.--Section 702(b)(5) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(b)(5)) is amended by striking 
``, except as provided under section 103(b) of the FISA Amendments 
Reauthorization Act of 2017''.
    (b) Conforming Amendments.--
            (1) Foreign intelligence surveillance act of 1978.--Section 
        702(m) of the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1881a(m)) is amended--
                    (A) in the subsection heading, by striking 
                ``Reviews, and Reporting'' and inserting ``and 
                Reviews''; and
                    (B) by striking paragraph (4).
            (2) FISA amendments reauthorization act of 2017.--Section 
        103 of the FISA Amendments Reauthorization Act of 2017 (Public 
        Law 115-118; 50 U.S.C. 1881a note) is amended--
                    (A) by striking subsection (b); and
                    (B) by striking ``(a) In General.--''.

SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORM.

    (a) Requirement for Same Judge to Hear Renewal Applications.--
Section 103(a)(1) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(a)(1)) is amended by adding at the end the following: 
``To the extent practicable, no judge designated under this subsection 
shall hear a renewal application for electronic surveillance under this 
Act, which application was previously granted by another judge 
designated under this subsection, unless the term of the judge who 
granted the application has expired, or that judge is otherwise no 
longer serving on the court.''.
    (b) Use of Amici Curiae in Foreign Intelligence Surveillance Court 
Proceedings.--
            (1) Expansion of appointment authority.--
                    (A) In general.--Section 103(i)(2) of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 
                1803(i)(2)) is amended--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) shall, unless the court issues a finding that 
                appointment is not appropriate, appoint 1 or more 
                individuals who have been designated under paragraph 
                (1), not fewer than 1 of whom possesses privacy and 
                civil liberties expertise, unless the court finds that 
                such a qualification is inappropriate, to serve as 
                amicus curiae to assist the court in the consideration 
                of any application or motion for an order or review 
                that, in the opinion of the court--
                            ``(i) presents a novel or significant 
                        interpretation of the law;
                            ``(ii) presents significant concerns with 
                        respect to the activities of a United States 
                        person that are protected by the first 
                        amendment to the Constitution of the United 
                        States;
                            ``(iii) presents or involves a sensitive 
                        investigative matter;
                            ``(iv) presents a request for approval of a 
                        new program, a new technology, or a new use of 
                        existing technology;
                            ``(v) presents a request for 
                        reauthorization of programmatic surveillance;
                            ``(vi) otherwise presents novel or 
                        significant civil liberties issues; or
                            ``(vii) otherwise involves the activities 
                        of a United States person; and''; and
                            (ii) in subparagraph (B), by striking ``an 
                        individual or organization'' each place the 
                        term appears and inserting ``1 or more 
                        individuals or organizations''.
                    (B) Definition of sensitive investigative matter.--
                Section 103(i) of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1803(i)) is amended by adding at 
                the end the following:
            ``(12) Definition.--In this subsection, the term `sensitive 
        investigative matter' means--
                    ``(A) an investigative matter involving the 
                activities of--
                            ``(i) a domestic public official or 
                        political candidate, or an individual serving 
                        on the staff of such an official or candidate;
                            ``(ii) a domestic religious or political 
                        organization, or a known or suspected United 
                        States person prominent in such an 
                        organization; or
                            ``(iii) the domestic news media; or
                    ``(B) any other investigative matter involving a 
                domestic entity or a known or suspected United States 
                person that, in the judgment of the applicable court 
                established under subsection (a) or (b), is as 
                sensitive as an investigative matter described in 
                subparagraph (A).''.
            (2) Authority to seek review.--Section 103(i) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1803(i)), as amended by subsection (a) of this section, is 
        amended--
                    (A) in paragraph (4)--
                            (i) in the paragraph heading, by inserting 
                        ``; authority'' after ``Duties'';
                            (ii) by redesignating subparagraphs (A), 
                        (B), and (C) as clauses (i), (ii), and (iii), 
                        respectively, and adjusting the margins 
                        accordingly;
                            (iii) in the matter preceding clause (i), 
                        as so redesignated, by striking ``the amicus 
                        curiae shall'' and inserting the following: 
                        ``the amicus curiae--
                    ``(A) shall'';
                            (iv) in subparagraph (A)(i), as so 
                        redesignated, by inserting before the semicolon 
                        at the end the following: ``, including legal 
                        arguments regarding any privacy or civil 
                        liberties interest of any United States person 
                        that would be significantly impacted by the 
                        application or motion''; and
                            (v) by striking the period at the end and 
                        inserting the following: ``; and
                    ``(B) may seek leave to raise any novel or 
                significant privacy or civil liberties issue relevant 
                to the application or motion or other issue directly 
                impacting the legality of the proposed electronic 
                surveillance with the court, regardless of whether the 
                court has requested assistance on that issue.'';
                    (B) by redesignating paragraphs (7) through (12) as 
                paragraphs (8) through (13), respectively; and
                    (C) by inserting after paragraph (6) the following:
            ``(7) Authority to seek review of decisions.--
                    ``(A) FISA court decisions.--
                            ``(i) Petition.--Following issuance of an 
                        order under this Act by the Foreign 
                        Intelligence Surveillance Court, an amicus 
                        curiae appointed under paragraph (2) may 
                        petition the Foreign Intelligence Surveillance 
                        Court to certify for review to the Foreign 
                        Intelligence Surveillance Court of Review a 
                        question of law pursuant to subsection (j).
                            ``(ii) Written statement of reasons.--If 
                        the Foreign Intelligence Surveillance Court 
                        denies a petition under this subparagraph, the 
                        Foreign Intelligence Surveillance Court shall 
                        provide for the record a written statement of 
                        the reasons for the denial.
                            ``(iii) Appointment.--Upon certification of 
                        any question of law pursuant to this 
                        subparagraph, the Court of Review shall appoint 
                        the amicus curiae to assist the Court of Review 
                        in its consideration of the certified question, 
                        unless the Court of Review issues a finding 
                        that such appointment is not appropriate.
                    ``(B) FISA court of review decisions.--An amicus 
                curiae appointed under paragraph (2) may petition the 
                Foreign Intelligence Surveillance Court of Review to 
                certify for review to the Supreme Court of the United 
                States any question of law pursuant to section 1254(2) 
                of title 28, United States Code.
                    ``(C) Declassification of referrals.--For purposes 
                of section 602, a petition filed under subparagraph (A) 
                or (B) of this paragraph and all of its content shall 
                be considered a decision, order, or opinion issued by 
                the Foreign Intelligence Surveillance Court or the 
                Foreign Intelligence Surveillance Court of Review 
                described in paragraph (2) of section 602(a).''.
            (3) Access to information.--
                    (A) Application and materials.--Section 103(i)(6) 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1803(i)(6)) is amended by striking 
                subparagraph (A) and inserting the following:
                    ``(A) In general.--
                            ``(i) Right of amicus.--If a court 
                        established under subsection (a) or (b) 
                        appoints an amicus curiae under paragraph (2), 
                        the amicus curiae--
                                    ``(I) shall have access, to the 
                                extent such information is available to 
                                the Government, to--
                                            ``(aa) the application, 
                                        certification, petition, 
                                        motion, and other information 
                                        and supporting materials, 
                                        including any information 
                                        described in section 901, 
                                        submitted to the Foreign 
                                        Intelligence Surveillance Court 
                                        in connection with the matter 
                                        in which the amicus curiae has 
                                        been appointed, including 
                                        access to any relevant legal 
                                        precedent (including any such 
                                        precedent that is cited by the 
                                        Government, including in such 
                                        an application);
                                            ``(bb) an unredacted copy 
                                        of each relevant decision made 
                                        by the Foreign Intelligence 
                                        Surveillance Court or the 
                                        Foreign Intelligence 
                                        Surveillance Court of Review in 
                                        which the court decides a 
                                        question of law, without regard 
                                        to whether the decision is 
                                        classified; and
                                            ``(cc) any other 
                                        information or materials that 
                                        the court determines are 
                                        relevant to the duties of the 
                                        amicus curiae; and
                                    ``(II) may make a submission to the 
                                court requesting access to any other 
                                particular materials or information (or 
                                category of materials or information) 
                                that the amicus curiae believes to be 
                                relevant to the duties of the amicus 
                                curiae.
                            ``(ii) Supporting documentation regarding 
                        accuracy.--The Foreign Intelligence 
                        Surveillance Court, upon the motion of an 
                        amicus curiae appointed under paragraph (2) or 
                        upon its own motion, may require the Government 
                        to make available the supporting documentation 
                        described in section 902.''.
                    (B) Clarification of access to certain 
                information.--Section 103(i)(6) of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 
                1803(i)(6)) is amended--
                            (i) in subparagraph (B), by striking 
                        ``may'' and inserting ``shall''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Classified information.--An amicus curiae 
                designated or appointed by the court shall have access, 
                to the extent such information is available to the 
                Government, to unredacted copies of each opinion, 
                order, transcript, pleading, or other document of the 
                Foreign Intelligence Surveillance Court and the Foreign 
                Intelligence Surveillance Court of Review, including, 
                if the individual is eligible for access to classified 
                information, any classified documents, information, and 
                other materials or proceedings.''.
            (4) Effective date.--The amendments made by this section 
        shall take effect on the date of enactment of this Act and 
        shall apply with respect to proceedings under the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
        that take place on or after, or are pending on, that date.

SEC. 6. APPLICATION FOR AN ORDER APPROVING ELECTRONIC SURVEILLANCE.

    (a) Disclosure Requirement.--Section 104(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)) is amended--
            (1) in paragraph (6)(E)(ii), by inserting before the 
        semicolon at the end ``(and a description of such 
        techniques)'';
            (2) in paragraph (8), by striking ``and'' at the end;
            (3) in paragraph (9), by striking the period at the end and 
        inserting a semicolon; and
            (4) by inserting after paragraph (9) the following:
            ``(10) all information material to the application, 
        including any information that tends to rebut--
                    ``(A) any allegation set forth in the application; 
                or
                    ``(B) the existence of probable cause to believe 
                that--
                            ``(i) the target of the electronic 
                        surveillance is a foreign power or an agent of 
                        a foreign power; and
                            ``(ii) each of the facilities or places at 
                        which the electronic surveillance is directed 
                        is being used, or is about to be used, by a 
                        foreign power or an agent of a foreign power; 
                        and
            ``(11) an affidavit executed by each Federal employee who 
        contributed to the drafting of the application attesting to the 
        accuracy of the application.''.
    (b) Prohibition on Use of Certain Information.--Section 104 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is 
amended by adding at the end the following:
    ``(e) The statement of facts and circumstances under subsection 
(a)(3) may only include information obtained from the content of a 
media source or information gathered by a political campaign if--
            ``(1) such information is disclosed in the application as 
        having been so obtained or gathered; and
            ``(2) such information is not the sole source of the 
        information used to justify the applicant's belief described in 
        subsection (a)(3).''.
    (c) Limitation on Issuance of Order.--Section 105(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(a)) is amended--
            (1) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) the statement of facts and circumstances under 
        subsection (a)(3) may only include information obtained from 
        the content of a media source or information gathered by a 
        political campaign if--
                    ``(A) such information is disclosed in the 
                application as having been so obtained or gathered; and
                    ``(B) such information is not the sole source of 
                the information used to justify the applicant's belief 
                described in subsection (a)(3).''.

SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF CERTAIN DOCUMENTS.

    (a) Submission to Congress.--Section 601(c)(1) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(c)) is amended by 
inserting ``, including declassified copies that have undergone review 
under section 602'' before ``; and''.
    (b) Timeline for Declassification Review.--Section 602(a) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1872(a)) is 
amended--
            (1) by inserting after ``shall conduct a declassification 
        review'' the following: ``, to be concluded not later than 45 
        days after the commencement of such review,''; and
            (2) by inserting after ``a significant construction or 
        interpretation of any provision of law'' the following: ``or 
        results in a change of application of any provision of this Act 
        or a novel application of any provision of this Act''.

SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS; ATTENDANCE OF CERTAIN 
              CONGRESSIONAL OFFICIALS AT CERTAIN PROCEEDINGS.

    Section 103(c) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(c)) is amended--
            (1) by striking ``Proceedings under this Act'' and 
        inserting the following: ``(1) Proceedings under this Act'';
            (2) by striking ``including applications made and orders 
        granted'' and inserting ``including applications made, orders 
        granted, and transcriptions of proceedings,''; and
            (3) by adding at the end:
    ``(2) The chair and ranking minority member of each of the 
congressional intelligence committees and of the Committees on the 
Judiciary of the House of Representatives and of the Senate shall be 
entitled to attend any proceeding of the Foreign Intelligence 
Surveillance Court or any proceeding of the Foreign Intelligence 
Surveillance Court of Review. Each person entitled to attend a 
proceeding pursuant to this paragraph may designate not more than 2 
Members of Congress and not more than 2 staff members of such committee 
to attend on their behalf, pursuant to such procedures as the Attorney 
General, in consultation with the Director of National Intelligence may 
establish. Not later than 45 days after any such proceeding, a copy of 
any application made, order granted, or transcription of the proceeding 
shall be made available for review to each person who is entitled to 
attend a proceeding pursuant to this paragraph or who is designated 
under this paragraph. Terms used in this paragraph have the meanings 
given such terms in section 701(b).''.

SEC. 9. ANNUAL AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.

    (a) Report Required.--Title VI of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871 et seq.) is amended by adding 
at the end the following:

``SEC. 605. ANNUAL AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.

    ``Beginning with the first calendar year that begins after the 
effective date of this section, by not later than June 30th of that 
year and each year thereafter, the Inspector General of the Department 
of Justice shall conduct an audit on alleged violations and failures to 
comply with the requirements of this Act and any procedures established 
pursuant to this Act, and submit a report thereon to the congressional 
intelligence committees and the Committees on the Judiciary of the 
House of Representatives and of the Senate.''.
    (b) Clerical Amendment.--The table of contents for the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by adding at the end the following:

``605. Annual audit of FISA compliance by Inspector General.''.

SEC. 10. REPORTING ON ACCURACY AND COMPLETENESS OF APPLICATIONS.

    Section 603 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1873) is amended--
            (1) in subsection (a)(1)--
                    (A) by redesignating subparagraphs (B) through (F) 
                as subparagraphs (C) through (G) respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) an analysis of the accuracy and completeness 
                of such applications and certifications submitted;''; 
                and
            (2) in subsection (a)(2), by striking ``subparagraph (F)'' 
        and inserting ``subparagraph (G)''.

SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF INVESTIGATION.

    (a) Report Required.--Title VI of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871 et seq.), as amended by this 
Act, is further amended by adding at the end the following:

``SEC. 606. ANNUAL REPORT OF THE FEDERAL BUREAU OF INVESTIGATION.

    ``Not later than 1 year after the date of enactment of this 
section, and annually thereafter, the Director of the Federal Bureau of 
Investigation shall submit to the congressional intelligence committees 
and the Committees on the Judiciary of the House of Representatives and 
of the Senate--
            ``(1) a report on disciplinary activities taken by the 
        Director to address violations of the requirements of law or 
        the procedures established under this Act, including a 
        comprehensive account of disciplinary investigations, 
        including--
                    ``(A) all such investigations ongoing as of the 
                date the report is submitted;
                    ``(B) the adjudications of such investigations when 
                concluded; and
                    ``(C) disciplinary actions taken as a result of 
                such adjudications; and
            ``(2) a report on the conduct of queries conducted under 
        section 702 for the preceding year using a United States person 
        query term, including--
                    ``(A) the number of such queries conducted;
                    ``(B) what terms were used;
                    ``(C) the number of warrants issued and denied 
                under section 702(f)(1); and
                    ``(D) the number of times exceptions were alleged 
                under 702(f)(2).''.
    (b) Clerical Amendment.--The table of contents for the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as 
amended by this Act, is further amended by adding at the end the 
following:

``606. Annual report of the Federal Bureau of Investigation.''.

SEC. 12. EXTENSION OF TITLE VII OF FISA; EXPIRATION OF FISA 
              AUTHORITIES; EFFECTIVE DATES.

    (a) Effective Dates.--Section 403(b) of the FISA Amendments Act of 
2008 (Public Law 110-261; 122 Stat. 2474) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``December 31, 2023'' and inserting 
                ``December 31, 2026''; and
                    (B) by striking ``, as amended by section 101 and 
                by the FISA Amendments Reauthorization Act of 2017,'' 
                and inserting ``, as most recently amended,''; and
            (2) in paragraph (2) in the matter preceding subparagraph 
        (A), by striking ``December 31, 2023'' and inserting ``December 
        31, 2026''.
    (b) Conforming Amendments.--Section 404(b) of the FISA Amendments 
Act of 2008 (Public Law 110-261; 122 Stat. 2476), is amended--
            (1) in paragraph (1)--
                    (A) in the heading, by striking ``December 31, 
                2023'' and inserting ``December 31, 2026''; and
                    (B) by striking ``, as amended by section 101(a) 
                and by the FISA Amendments Reauthorization Act of 
                2017,'' and inserting ``, as most recently amended,'';
            (2) in paragraph (2), by striking ``, as amended by section 
        101(a) and by the FISA Amendments Reauthorization Act of 
        2017,'' and inserting ``, as most recently amended,''; and
            (3) in paragraph (4)--
                    (A) by striking ``, as added by section 101(a) and 
                amended by the FISA Amendments Reauthorization Act of 
                2017,'' both places it appears and inserting ``, as 
                added by section 101(a) and as most recently 
                amended,''; and
                    (B) by striking ``, as amended by section 101(a) 
                and by the FISA Amendments Reauthorization Act of 
                2017,'' and inserting ``, as most recently amended,'' 
                both places it appears.

SEC. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA.

    (a) In General.--Section 109 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1809) is amended as follows:
            (1) Additional offenses.--In subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``intentionally'';
                    (B) in paragraph (1)--
                            (i) by inserting ``intentionally'' before 
                        ``engages in''; and
                            (ii) by striking ``or'' at the end;
                    (C) in paragraph (2)--
                            (i) by inserting ``intentionally'' before 
                        ``discloses or uses''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (D) by adding at the end the following: .
            ``(3) knowingly submits any document to or makes any false 
        statement before the Foreign Intelligence Surveillance Court or 
        the Foreign Intelligence Surveillance Court of Review, knowing 
        such document or statement to contain--
                    ``(A) a false material declaration; or
                    ``(B) a material omission; or
            ``(4) knowingly discloses the existence of an application 
        for an order authorizing surveillance under this title, or any 
        information contained therein, to any person not authorized to 
        receive such information.''.
            (2) Enhanced penalties.--In subsection (c), is amended to 
        read as follows:
    ``(c) Penalties.--In the case of an offense under any of paragraphs 
(1) through (4) of subsection (a), the offense is punishable by a fine 
of not more than $10,000 or imprisonment for not more than 8 years, or 
both.''.
    (b) Rule of Construction.--This Act and the amendments made by this 
Act may not be construed to interfere with the enforcement of section 
798 of title 18, United States Code, or any other provision of law 
regarding the unlawful disclosure of classified information.

SEC. 14. CONTEMPT POWER OF FISC AND FISC-R.

    (a) In General.--Chapter 21 of title 18, United States Code, is 
amended--
            (1) in section 402, by inserting after ``any district court 
        of the United States'' the following: ``, the Foreign 
        Intelligence Surveillance Court, the Foreign Intelligence 
        Surveillance Court of Review,''; and
            (2) by adding at the end the following:
``Sec. 404. Definitions
    ``For purposes of this chapter--
            ``(1) the term `court of the United States' includes the 
        Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review; and
            ``(2) the terms `Foreign Intelligence Surveillance Court' 
        and `Foreign Intelligence Surveillance Court of Review' have 
        the meanings given such terms in section 601(e) of the Foreign 
        Intelligence Surveillance Act of 1978.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by inserting after the item pertaining to section 403 the 
following:

``404. Definitions.''.
    (c) Report.--Not later than one year after the date of enactment, 
and annually thereafter the Foreign Intelligence Surveillance Court and 
the Foreign Intelligence Surveillance Court of Review (as such terms 
are defined in section 601(e) of the Foreign Intelligence Surveillance 
Act of 1978) shall jointly submit to Congress a report on the exercise 
of authority under chapter 21 of title 18, United States Code, by such 
courts during the previous year.

SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS.

    (a) Increased Penalties.--Section 110(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1810(a)) is amended to 
read as follows:
            ``(a) actual damages, but not less than liquidated damages 
        equal to the greater of--
                    ``(1) if the aggrieved person is a United States 
                person, $10,000 or $1,000 per day for each day of 
                violation; or
                    ``(2) for any other aggrieved person, $1,000 or 
                $100 per day for each day of violation;''.
    (b) Reporting Requirement.--Title I of the Foreign Intelligence 
Surveillance Act of 1978 is amended by inserting after section 110 the 
following:

``SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL ACTIONS.

    ``(a) Report to Congress.--If a court finds that a person has 
violated this Act in a civil action under section 110, the head of the 
agency that employs that person shall report to Congress on the 
administrative action taken against that person pursuant to section 607 
or any other provision of law.
    ``(b) FISC.--If a court finds that a person has violated this Act 
in a civil action under section 110, the head of the agency that 
employs that person shall report the name of such person to the Foreign 
Intelligence Surveillance Court. The Foreign Intelligence Surveillance 
Court shall maintain a list of each person about whom it received a 
report under this subsection.''.

SEC. 16. ACCOUNTABILITY PROCEDURES FOR INCIDENTS RELATING TO QUERIES 
              CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION.

    (a) In General.--Title VII of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881 et seq.) is amended by adding at the end 
the following:

``SEC. 709. ACCOUNTABILITY PROCEDURES FOR INCIDENTS RELATING TO QUERIES 
              CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION.

    ``(a) In General.--The Director of the Federal Bureau of 
Investigation shall establish procedures to hold employees of the 
Federal Bureau of Investigation accountable for violations of law, 
guidance, and procedure governing queries of information acquired 
pursuant to section 702.
    ``(b) Elements.--The procedures established under subsection (a) 
shall include the following:
            ``(1) Centralized tracking of individual employee 
        performance incidents involving negligent violations of law, 
        guidance, and procedure described in subsection (a), over time.
            ``(2) Escalating consequences for such incidents, 
        including--
                    ``(A) consequences for initial incidents, 
                including, at a minimum--
                            ``(i) suspension of access to information 
                        acquired under this Act; and
                            ``(ii) documentation of the incident in the 
                        personnel file of each employee responsible for 
                        the violation; and
                    ``(B) consequences for subsequent incidents, 
                including, at a minimum--
                            ``(i) possible indefinite suspension of 
                        access to information acquired under this Act;
                            ``(ii) reassignment of each employee 
                        responsible for the violation; and
                            ``(iii) referral of the incident to the 
                        Inspection Division of the Federal Bureau of 
                        Investigation for review of potentially 
                        reckless conduct.
            ``(3) Clarification of requirements for referring 
        intentional misconduct and reckless conduct to the Inspection 
        Division of the Federal Bureau of Investigation for 
        investigation and disciplinary action by the Office of 
        Professional Responsibility of the Federal Bureau of 
        Investigation.''.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 708 the 
following:

``709. Accountability procedures for incidents relating to queries 
                            conducted by the Federal Bureau of 
                            Investigation.''.
    (c) Report Required.--
            (1) Initial report.--Not later than 180 days after the date 
        of the enactment of this Act, the Director of the Federal 
        Bureau of Investigation shall submit to the Committees on the 
        Judiciary of the House of Representatives and of the Senate and 
        to the congressional intelligence committees (as such term is 
        defined in section 801 of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1885)) a report detailing the procedures 
        established under section 709 of the Foreign Intelligence 
        Surveillance Act of 1978, as added by subsection (a).
            (2) Annual report.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Federal 
        Bureau of Investigation shall submit to the Committees on the 
        Judiciary of the House of Representatives and of the Senate and 
        to the congressional intelligence committees (as such term is 
        defined in section 801 of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1885)) a report on any disciplinary 
        actions taken pursuant to the procedures established under 
        section 709 of the Foreign Intelligence Surveillance Act of 
        1978, as added by subsection (a), including a description of 
        the circumstances surrounding each such disciplinary action, 
        and the results of each such disciplinary action.
            (3) Form.--The reports required under paragraphs (1) and 
        (2) shall be submitted in unclassified form, but may include a 
        classified annex to the extent necessary to protect sources and 
        methods.

SEC. 17. AGENCY PROCEDURES TO ENSURE COMPLIANCE.

    (a) Agency Procedures To Ensure Compliance.--Title VI of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871 et seq.), 
as amended by this Act, is further amended by adding at the end the 
following:

``SEC. 607. AGENCY PROCEDURES TO ENSURE COMPLIANCE.

    ``The head of each Federal department or agency authorized to 
acquire foreign intelligence information under this Act shall establish 
procedures--
            ``(1) setting forth clear rules on what constitutes a 
        violation of this Act by an officer or employee of that 
        department or agency; and
            ``(2) for taking appropriate adverse personnel action 
        against any officer or employee of the department or agency who 
        engages in such a violation, including more severe adverse 
        actions for any subsequent violation.''.
    (b) Clerical Amendment.--The table of contents for the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as 
amended by this Act, is further amended by adding at the end the 
following:

``607. Agency procedures to ensure compliance.''.
    (c) Report.--Not later than 3 months after the date of enactment of 
this Act, the head of each Federal department or agency that is 
required to establish procedures under section 607 of the Foreign 
Intelligence Surveillance Act of 1978 shall report to Congress on such 
procedures.

SEC. 18. PROTECTION OF RECORDS HELD BY DATA BROKERS.

    Section 2702 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Prohibition on Obtaining in Exchange for Anything of Value 
Certain Records and Information by Law Enforcement and Intelligence 
Agencies.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered customer or subscriber 
                record' means a covered record that is--
                            ``(i) disclosed to a third party by--
                                    ``(I) a provider of an electronic 
                                communication service to the public or 
                                a provider of a remote computing 
                                service of which the covered person 
                                with respect to the covered record is a 
                                subscriber or customer; or
                                    ``(II) an intermediary service 
                                provider that delivers, stores, or 
                                processes communications of such 
                                covered person;
                            ``(ii) collected by a third party from an 
                        online account of a covered person; or
                            ``(iii) collected by a third party from or 
                        about an electronic device of a covered person;
                    ``(B) the term `covered person' means--
                            ``(i) a person who is located inside the 
                        United States; or
                            ``(ii) a person--
                                    ``(I) who is located outside the 
                                United States or whose location cannot 
                                be determined; and
                                    ``(II) who is a United States 
                                person, as defined in section 101 of 
                                the Foreign Intelligence Surveillance 
                                Act of 1978 (50 U.S.C. 1801);
                    ``(C) the term `covered record' means a record or 
                other information that--
                            ``(i) pertains to a covered person; and
                            ``(ii) is--
                                    ``(I) a record or other information 
                                described in the matter preceding 
                                paragraph (1) of subsection (c);
                                    ``(II) the contents of a 
                                communication; or
                                    ``(III) location information;
                    ``(D) the term `electronic device' has the meaning 
                given the term `computer' in section 1030(e);
                    ``(E) the term `illegitimately obtained 
                information' means a covered record that--
                            ``(i) was obtained--
                                    ``(I) from a provider of an 
                                electronic communication service to the 
                                public or a provider of a remote 
                                computing service in a manner that--
                                            ``(aa) violates the service 
                                        agreement between the provider 
                                        and customers or subscribers of 
                                        the provider; or
                                            ``(bb) is inconsistent with 
                                        the privacy policy of the 
                                        provider;
                                    ``(II) by deceiving the covered 
                                person whose covered record was 
                                obtained; or
                                    ``(III) through the unauthorized 
                                accessing of an electronic device or 
                                online account; or
                            ``(ii) was--
                                    ``(I) obtained from a provider of 
                                an electronic communication service to 
                                the public, a provider of a remote 
                                computing service, or an intermediary 
                                service provider; and
                                    ``(II) collected, processed, or 
                                shared in violation of a contract 
                                relating to the covered record;
                    ``(F) the term `intelligence community' has the 
                meaning given that term in section 3 of the National 
                Security Act of 1947 (50 U.S.C. 3003);
                    ``(G) the term `location information' means 
                information derived or otherwise calculated from the 
                transmission or reception of a radio signal that 
                reveals the approximate or actual geographic location 
                of a customer, subscriber, or device;
                    ``(H) the term `obtain in exchange for anything of 
                value' means to obtain by purchasing, to receive in 
                connection with services being provided for 
                consideration, or to otherwise obtain in exchange for 
                consideration, including an access fee, service fee, 
                maintenance fee, or licensing fee;
                    ``(I) the term `online account' means an online 
                account with an electronic communication service to the 
                public or remote computing service;
                    ``(J) the term `pertain', with respect to a person, 
                means--
                            ``(i) information that is linked to the 
                        identity of a person; or
                            ``(ii) information--
                                    ``(I) that has been anonymized to 
                                remove links to the identity of a 
                                person; and
                                    ``(II) that, if combined with other 
                                information, could be used to identify 
                                a person; and
                    ``(K) the term `third party' means a person who--
                            ``(i) is not a governmental entity; and
                            ``(ii) in connection with the collection, 
                        disclosure, obtaining, processing, or sharing 
                        of the covered record at issue, was not acting 
                        as--
                                    ``(I) a provider of an electronic 
                                communication service to the public; or
                                    ``(II) a provider of a remote 
                                computing service.
            ``(2) Limitation.--
                    ``(A) In general.--A law enforcement agency of a 
                governmental entity and an element of the intelligence 
                community may not obtain from a third party in exchange 
                for anything of value a covered customer or subscriber 
                record or any illegitimately obtained information.
                    ``(B) Indirectly acquired records and 
                information.--The limitation under subparagraph (A) 
                shall apply without regard to whether the third party 
                possessing the covered customer or subscriber record or 
                illegitimately obtained information is the third party 
                that initially obtained or collected, or is the third 
                party that initially received the disclosure of, the 
                covered customer or subscriber record or illegitimately 
                obtained information.
            ``(3) Limit on sharing between agencies.--An agency of a 
        governmental entity that is not a law enforcement agency or an 
        element of the intelligence community may not provide to a law 
        enforcement agency of a governmental entity or an element of 
        the intelligence community a covered customer or subscriber 
        record or illegitimately obtained information that was obtained 
        from a third party in exchange for anything of value.
            ``(4) Prohibition on use as evidence.--A covered customer 
        or subscriber record or illegitimately obtained information 
        obtained by or provided to a law enforcement agency of a 
        governmental entity or an element of the intelligence community 
        in violation of paragraph (2) or (3), and any evidence derived 
        therefrom, may not be received in evidence in any trial, 
        hearing, or other proceeding in or before any court, grand 
        jury, department, officer, agency, regulatory body, legislative 
        committee, or other authority of the United States, a State, or 
        a political subdivision thereof.
            ``(5) Minimization procedures.--
                    ``(A) In general.--The Attorney General shall adopt 
                specific procedures that are reasonably designed to 
                minimize the acquisition and retention, and prohibit 
                the dissemination, of information pertaining to a 
                covered person that is acquired in violation of 
                paragraph (2) or (3).
                    ``(B) Use by agencies.--If a law enforcement agency 
                of a governmental entity or element of the intelligence 
                community acquires information pertaining to a covered 
                person in violation of paragraph (2) or (3), the law 
                enforcement agency of a governmental entity or element 
                of the intelligence community shall minimize the 
                acquisition and retention, and prohibit the 
                dissemination, of the information in accordance with 
                the procedures adopted under subparagraph (A).''.

SEC. 19. REQUIRED DISCLOSURE.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i) Covered Customer or Subscriber Records and Illegitimately 
Obtained Information.--
            ``(1) Definitions.--In this subsection, the terms `covered 
        customer or subscriber record', `illegitimately obtained 
        information', and `third party' have the meanings given such 
        terms in section 2702(e).
            ``(2) Limitation.--Unless a governmental entity obtains an 
        order in accordance with paragraph (3), the governmental entity 
        may not require a third party to disclose a covered customer or 
        subscriber record or any illegitimately obtained information if 
        a court order would be required for the governmental entity to 
        require a provider of remote computing service or a provider of 
        electronic communication service to the public to disclose such 
        a covered customer or subscriber record or illegitimately 
        obtained information that is a record of a customer or 
        subscriber of the provider.
            ``(3) Orders.--
                    ``(A) In general.--A court may only issue an order 
                requiring a third party to disclose a covered customer 
                or subscriber record or any illegitimately obtained 
                information on the same basis and subject to the same 
                limitations as would apply to a court order to require 
                disclosure by a provider of remote computing service or 
                a provider of electronic communication service to the 
                public of a record of a customer or subscriber of the 
                provider.
                    ``(B) Standard.--For purposes of subparagraph (A), 
                a court shall apply the most stringent standard under 
                Federal statute or the Constitution of the United 
                States that would be applicable to a request for a 
                court order to require a comparable disclosure by a 
                provider of remote computing service or a provider of 
                electronic communication service to the public of a 
                record of a customer or subscriber of the provider.''.

SEC. 20. INTERMEDIARY SERVICE PROVIDERS.

    (a) Definition.--Section 2711 of title 18, United States Code, is 
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) the term `intermediary service provider' means an 
        entity or facilities owner or operator that directly or 
        indirectly delivers, stores, or processes communications for or 
        on behalf of a provider of electronic communication service to 
        the public or a provider of remote computing service.''.
    (b) Prohibition.--Section 2702(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking ``and'' at the end;
            (3) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(4) an intermediary service provider shall not knowingly 
        divulge--
                    ``(A) to any person or entity the contents of a 
                communication while in electronic storage by that 
                provider; or
                    ``(B) to any governmental entity a record or other 
                information pertaining to a subscriber to or customer 
                of, a recipient of a communication from a subscriber to 
                or customer of, or the sender of a communication to a 
                subscriber to or customer of, the provider of 
                electronic communication service to the public or the 
                provider of remote computing service for, or on behalf 
                of, which the intermediary service provider directly or 
                indirectly delivers, transmits, stores, or processes 
                communications.''.

SEC. 21. LIMITS ON SURVEILLANCE CONDUCTED FOR FOREIGN INTELLIGENCE 
              PURPOSES OTHER THAN UNDER THE FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    (a) In General.--Section 2511(2)(f) of title 18, United States 
Code, is amended to read as follows:
    ``(f)(i)(A) Nothing contained in this chapter, chapter 121 or 206 
of this title, or section 705 of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) shall be deemed to affect an acquisition or 
activity described in clause (B) that is carried out utilizing a means 
other than electronic surveillance, as defined in section 101 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
    ``(B) An acquisition or activity described in this clause is--
            ``(I) an acquisition by the United States Government of 
        foreign intelligence information from international or foreign 
        communications that--
                    ``(aa) is acquired pursuant to express statutory 
                authority; or
                    ``(bb) only includes information of persons who are 
                not United States persons and are located outside the 
                United States; or
            ``(II) a foreign intelligence activity involving a foreign 
        electronic communications system that--
                    ``(aa) is conducted pursuant to express statutory 
                authority; or
                    ``(bb) only involves the acquisition by the United 
                States Government of information of persons who are not 
                United States persons and are located outside the 
                United States.
    ``(ii) The procedures in this chapter, chapter 121, and the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be 
the exclusive means by which electronic surveillance, as defined in 
section 101 of such Act, and the interception of domestic wire, oral, 
and electronic communications may be conducted.''.
    (b) 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 
acquired for foreign intelligence purposes inside the United States or 
from a person or entity located in the United States that provides 
telecommunications, electronic communication, or remote computing 
services.
    (c) Exclusive Means Related to Location Information, Web Browsing 
History, and Internet Search History.--
            (1) Definition.--In this subsection, the term ``location 
        information'' has the meaning given that term in subsection (e) 
        of section 2702 of title 18, United States Code, as added by 
        section 2 of this Act.
            (2) Exclusive means.--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 location information, web 
        browsing history, and internet search history of United States 
        persons or persons inside the United States are acquired for 
        foreign intelligence purposes inside the United States or from 
        a person or entity located in the United States.
    (d) 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 acquired for 
foreign 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.
    (e) Definition.--In this section, the term ``United States person'' 
has the meaning given that term in section 101 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

SEC. 22. LIMIT ON CIVIL IMMUNITY FOR PROVIDING INFORMATION, FACILITIES, 
              OR TECHNICAL ASSISTANCE TO THE GOVERNMENT ABSENT A COURT 
              ORDER.

    Section 2511(2)(a) of title 18, United States Code, is amended--
            (1) in subparagraph (ii), by striking clause (B) and 
        inserting the following:
            ``(B) a certification in writing--
                    ``(I) by a person specified in section 2518(7) or 
                the Attorney General of the United States;
                    ``(II) that the requirements for an emergency 
                authorization to intercept a wire, oral, or electronic 
                communication under section 2518(7) have been met; and
                    ``(III) that the specified assistance is 
                required,''; and
            (2) by striking subparagraph (iii) and inserting the 
        following:
    ``(iii) For assistance provided pursuant to a certification under 
subparagraph (ii)(B), the limitation on causes of action under the last 
sentence of the matter following subparagraph (ii)(B) shall only apply 
to the extent that the assistance ceased at the earliest of the time 
the application for a court order was denied, the time the 
communication sought was obtained, or 48 hours after the interception 
began.''.
                                 <all>