[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3234 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3234

  To implement reforms relating to foreign intelligence surveillance 
                  authorities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2023

 Mr. Wyden (for himself, Mr. Lee, Ms. Baldwin, Ms. Lummis, Ms. Hirono, 
  Mr. Daines, Mr. Tester, Ms. Warren, and Mr. Markey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To implement reforms relating to foreign intelligence surveillance 
                  authorities, 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 ``Government 
Surveillance Reform Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE 
 COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE 
                              ACT OF 1978

Sec. 101. Prohibition on warrantless queries for the communications of 
                            United States persons and persons located 
                            in the United States.
Sec. 102. 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.
Sec. 103. Repeal of authority for the resumption of abouts collection.
Sec. 104. Prohibition on reverse targeting of United States persons and 
                            persons located in the United States.
Sec. 105. Data retention limits for information collected under section 
                            702 of the Foreign Intelligence 
                            Surveillance Act of 1978.
Sec. 106. Foreign Intelligence Surveillance Court supervision of 
                            demands for technical assistance from 
                            electronic communication service providers 
                            under section 702 of the Foreign 
                            Intelligence Surveillance Act of 1978.
Sec. 107. Prohibition on warrantless acquisition of domestic 
                            communications pursuant to section 702 of 
                            the Foreign Intelligence Surveillance Act 
                            of 1978.
Sec. 108. Requirement of a foreign intelligence purpose.
Sec. 109. Four-year extension of section 702 of the Foreign 
                            Intelligence Surveillance Act of 1978.
 TITLE II--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN 
                 INTELLIGENCE SURVEILLANCE ACT OF 1978

Sec. 201. Court supervision of collection targeting United States 
                            persons and persons located inside the 
                            United States.
Sec. 202. Required disclosure of relevant information in Foreign 
                            Intelligence Surveillance Act of 1978 
                            applications.
Sec. 203. Certification regarding accuracy procedures.
Sec. 204. Clarification regarding treatment of information and evidence 
                            acquired under the Foreign Intelligence 
                            Surveillance Act of 1978.
Sec. 205. Sunset on grandfather clause of Section 215 of the USA 
                            PATRIOT Act.
Sec. 206. Written record of Department of Justice interactions with 
                            Foreign Intelligence Surveillance court; 
                            protection against judge shopping by DOJ.
Sec. 207. Appointment of amici curiae and access to information.
Sec. 208. Declassification of significant decisions, orders, and 
                            opinions.
Sec. 209. Clarification of Foreign Intelligence Surveillance Court 
                            jurisdiction over records of the court and 
                            other ancillary matters.
Sec. 210. Grounds for determining injury in fact in civil actions 
                            relating to surveillance under the Foreign 
                            Intelligence Surveillance Act of 1978 or 
                            pursuant to executive authority.
Sec. 211. Accountability procedures for violations by Federal 
                            employees.
 TITLE III--REFORMS RELATED TO SURVEILLANCE CONDUCTED UNDER EXECUTIVE 
                              ORDER 12333

Sec. 301. Definitions.
Sec. 302. Prohibition on warrantless queries for the communications of 
                            United States persons and persons located 
                            in the United States.
Sec. 303. Prohibition on reverse targeting of United States persons and 
                            persons located in the United States.
Sec. 304. Prohibition on intelligence acquisition of United States 
                            person data.
Sec. 305. Prohibition on the warrantless acquisition of domestic 
                            communications.
Sec. 306. Data retention limits.
Sec. 307. Reports on violations of law or Executive order.
                    TITLE IV--INDEPENDENT OVERSIGHT

Sec. 401. Inspector General oversight of orders under the Foreign 
                            Intelligence Surveillance Act of 1978.
Sec. 402. Department of Justice inspector general review of high 
                            intensity drug trafficking area 
                            surveillance programs.
Sec. 403. Intelligence community parity and communications with Privacy 
                            and Civil Liberties Oversight Board.
Sec. 404. Congressional oversight of grants of immunity by the Attorney 
                            General for warrantless surveillance 
                            assistance.
 TITLE V--REFORMS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986

Sec. 501. Warrant protections for location information, web browsing 
                            records, and search query records.
Sec. 502. Consistent protections for phone and app-based call and 
                            texting records.
Sec. 503. Email Privacy Act.
Sec. 504. Consistent protections for demands for data held by 
                            interactive computing services.
Sec. 505. Consistent protections for real-time and historical metadata.
Sec. 506. Subpoenas for certain subscriber information.
Sec. 507. Minimization standards for voluntary disclosure of customer 
                            communications or records.
Sec. 508. Prohibition on law enforcement purchase of personal data from 
                            data brokers.
Sec. 509. Consistent privacy protections for data held by data brokers.
Sec. 510. Protection of data entrusted to intermediary or ancillary 
                            service providers.
Sec. 511. Modernizing criminal surveillance reports.
    TITLE VI--REGULATION OF GOVERNMENT SURVEILLANCE USING CELL SITE 
      SIMULATORS, GENERAL PROHIBITION ON PRIVATE, NON-RESEARCH USE

Sec. 601. Cell site simulators.
      TITLE VII--PROTECTION OF CAR DATA FROM WARRANTLESS SEARCHES

Sec. 701. Protection of car data from warrantless searches.
                 TITLE VIII--INTELLIGENCE TRANSPARENCY

Sec. 801. Enhanced annual reports by Director of the Administrative 
                            Office of the United States Courts.
Sec. 802. Enhanced annual reports by Director of National Intelligence.
Sec. 803. Annual reporting on accuracy and completeness of 
                            applications.
Sec. 804. Allowing more granular aggregate reporting by recipients of 
                            foreign intelligence surveillance orders.
Sec. 805. Report on use of foreign intelligence surveillance 
                            authorities regarding protected activities 
                            and protected classes.
Sec. 806. Publication of estimates regarding communications collected 
                            under certain provisions of Foreign 
                            Intelligence Surveillance Act of 1978.
Sec. 807. Enhanced reporting of assessments of compliance with 
                            emergency order requirements under certain 
                            provisions of the Foreign Intelligence 
                            Surveillance Act of 1978.
      TITLE IX--SEVERABILITY AND LIMITED DELAYS IN IMPLEMENTATION

Sec. 901. Severability.
Sec. 902. Limited delays in implementation.

SEC. 2. DEFINITIONS.

    (a) Amendments to Foreign Intelligence Surveillance Act of 1978.--
            (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) The term `Foreign Intelligence Surveillance Court' means the 
court established under section 103(a).
    ``(r) The terms `Foreign Intelligence Surveillance Court of Review' 
and `Court of Review' mean the court established under section 103(b).
    ``(s) The term `appropriate committees of Congress' means--
            ``(1) the congressional intelligence committees (as defined 
        in section 3 of the National Security Act of 1947 (50 U.S.C. 
        3003));
            ``(2) the Committee on the Judiciary of the Senate; and
            ``(3) the Committee on the Judiciary of the House of 
        Representatives.''.
            (2) Conforming amendments.--Such Act (50 U.S.C. 1801 et 
        seq.) is amended--
                    (A) in section 102 (50 U.S.C. 1802), by striking 
                ``the court established under section 103(a)'' and 
                inserting ``the Foreign Intelligence Surveillance 
                Court'';
                    (B) in section 103 (50 U.S.C. 1803)--
                            (i) in subsection (a)--
                                    (I) in paragraph (2)(A), by 
                                striking ``The court established under 
                                this subsection'' and inserting ``The 
                                Foreign Intelligence Surveillance 
                                Court''; and
                                    (II) by striking ``the court 
                                established under this subsection'' 
                                each place it appears and inserting 
                                ``the Foreign Intelligence Surveillance 
                                Court'';
                            (ii) in subsection (g)--
                                    (I) by striking ``the court 
                                established pursuant to subsection 
                                (a)'' and inserting ``the Foreign 
                                Intelligence Surveillance Court'';
                                    (II) by striking ``the court of 
                                review established pursuant to 
                                subsection (b)'' and inserting ``the 
                                Foreign Intelligence Surveillance Court 
                                of Review''; and
                                    (III) by striking ``The courts 
                                established pursuant to subsections (a) 
                                and (b)'' and inserting ``The Foreign 
                                Intelligence Surveillance Court and the 
                                Foreign Intelligence Surveillance Court 
                                of Review'';
                            (iii) in subsection (h), by striking ``a 
                        court established under this section'' and 
                        inserting ``the Foreign Intelligence 
                        Surveillance Court or the Foreign Intelligence 
                        Surveillance Court of Review'';
                            (iv) in subsection (i)--
                                    (I) in paragraph (1), by striking 
                                ``the courts established under 
                                subsections (a) and (b)'' and inserting 
                                ``the Foreign Intelligence Surveillance 
                                Court and the Foreign Intelligence 
                                Surveillance Court of Review'';
                                    (II) in paragraph (3)(B), by 
                                striking ``the courts'' and inserting 
                                ``the Foreign Intelligence Surveillance 
                                Court and the Foreign Intelligence 
                                Surveillance Court of Review'';
                                    (III) in paragraph (5), by striking 
                                ``the court'' and inserting ``the 
                                Foreign Intelligence Surveillance Court 
                                or the Foreign Intelligence 
                                Surveillance Court of Review, as the 
                                case may be,'';
                                    (IV) in paragraph (6), by striking 
                                ``the court'' each place it appears and 
                                inserting ``the Foreign Intelligence 
                                Surveillance Court or the Foreign 
                                Intelligence Surveillance Court of 
                                Review'';
                                    (V) by striking ``a court 
                                established under subsection (a) or 
                                (b)'' each place it appears and 
                                inserting ``the Foreign Intelligence 
                                Surveillance Court or the Foreign 
                                Intelligence Surveillance Court of 
                                Review''; and
                                    (VI) by striking ``A court 
                                established under subsection (a) or 
                                (b)'' each place it appears and 
                                inserting ``The Foreign Intelligence 
                                Surveillance Court or the Foreign 
                                Intelligence Surveillance Court of 
                                Review'';
                            (v) in subsection (j)--
                                    (I) by striking ``a court 
                                established under subsection (a)'' and 
                                inserting ``the Foreign Intelligence 
                                Surveillance Court''; and
                                    (II) by striking ``the court 
                                determines'' and inserting ``the 
                                Foreign Intelligence Surveillance Court 
                                determines'';
                            (vi) by striking ``the court established 
                        under subsection (a)'' each place it appears 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court''; and
                            (vii) by striking ``the court established 
                        under subsection (b)'' each place it appears 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court of Review'';
                    (C) in section 105(c) (50 U.S.C. 1805(c))--
                            (i) in paragraph (2)(B), by striking ``the 
                        Court'' and inserting ``the Foreign 
                        Intelligence Surveillance Court''; and
                            (ii) in paragraph (3), by striking ``the 
                        court'' each place it appears and inserting 
                        ``the Foreign Intelligence Surveillance 
                        Court'';
                    (D) in section 401(1) (50 U.S.C. 1841(1)), by 
                striking ``, and `State' '' and inserting `` `State', 
                `Foreign Intelligence Surveillance Court', and `Foreign 
                Intelligence Surveillance Court of Review' '';
                    (E) in section 402 (50 U.S.C. 1842)--
                            (i) in subsection (b)(1), by striking ``the 
                        court established by section 103(a) of this 
                        Act'' and inserting ``the Foreign Intelligence 
                        Surveillance Court''; and
                            (ii) in subsection (h)(2), by striking 
                        ``the court established under section 103(a)'' 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court'';
                    (F) in section 501 (50 U.S.C. 1861)--
                            (i) in subsection (b)(1), by striking ``the 
                        court established by section 103(a)'' and 
                        inserting ``the Foreign Intelligence 
                        Surveillance Court'';
                            (ii) in subsection (g)(3), by striking 
                        ``the court established under section 103(a)'' 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court''; and
                            (iii) in subsection (k)(1), by striking ``, 
                        and `State' '' and inserting `` `State', and 
                        `Foreign Intelligence Surveillance Court' '';
                    (G) in section 502(c)(1)(E), by striking ``the 
                court established under section 103'' and inserting 
                ``the Foreign Intelligence Surveillance Court (as 
                defined by section 101)'';
                    (H) in section 801 (50 U.S.C. 1885)--
                            (i) in paragraph (8)(B)(i), by striking 
                        ``the court established under section 103(a)'' 
                        and inserting ``the Foreign Intelligence 
                        Surveillance Court''; and
                            (ii) by adding at the end the following new 
                        paragraph:
            ``(10) Foreign intelligence surveillance court.--The term 
        `Foreign Intelligence Surveillance Court' means the court 
        established under section 103(a).''; and
                    (I) in section 802(a)(1) (50 U.S.C. 1885a(a)(1)), 
                by striking ``the court established under section 
                103(a)'' and inserting ``the Foreign Intelligence 
                Surveillance Court''.
    (b) Terms Used in This Act.--In this Act, the terms ``appropriate 
committees of Congress'', ``Foreign Intelligence Surveillance Court'', 
and ``Foreign Intelligence Surveillance Court of Review'' have the 
meanings given such terms in section 101 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801), as amended by subsection 
(a).

TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE 
 COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE 
                              ACT OF 1978

SEC. 101. 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)) is 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 (5); 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 appropriate committees of 
Congress 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. 102. 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) terrorism (as defined in clauses (i) 
                        through (iii) of section 2332b(g)(5)(B) of 
                        title 18, United States Code);
                            ``(ii) counterintelligence (as defined in 
                        section 3 of the National Security Act of 1947 
                        (50 U.S.C. 3003));
                            ``(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 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. 103. 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 the following:
    ``(a) In General.--''.

SEC. 104. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND 
              PERSONS LOCATED IN THE UNITED STATES.

    Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a), as amended by section 101, is further amended--
            (1) in subsection (b)(2)--
                    (A) by striking ``may not intentionally'' and 
                inserting the following ``may not--
                    ``(A) intentionally'';
                    (B) in subparagraph (A), as designated by 
                subparagraph (A) of this paragraph, by striking ``if 
                the purpose of such acquisition is to target a 
                particular, known person reasonably believed to be in 
                the United States;'' and inserting the following: ``if 
                a significant purpose of such acquisition is to acquire 
                the information of 1 or more United States persons or 
                persons reasonably believed to be located in the United 
                States at the time of acquisition or communication, 
                unless--
                            ``(i)(I) there is a reasonable belief that 
                        an emergency exists involving an imminent 
                        threat of death or serious bodily harm to such 
                        United States person or person reasonably 
                        believed to be located in the United States at 
                        the time of the query or the time of 
                        acquisition or communication;
            ``(II) the information is sought for the purpose of 
        assisting that person; and
            ``(III) a description of the targeting is provided to the 
        Foreign Intelligence Surveillance Court and the appropriate 
        committees of Congress in a timely manner; or
                            ``(ii) the United States person or persons 
                        reasonably believed to be located in the United 
                        States at the time of acquisition or 
                        communication has provided consent to the 
                        targeting, or if such person is incapable of 
                        providing consent, a third party legally 
                        authorized to consent on behalf of such person 
                        has provided consent; and
                    ``(B) in the case of information acquired pursuant 
                to subparagraph (A)(i) or evidence derived from such 
                targeting, 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 targeting;'';
            (2) in subsection (d)(1), by amending subparagraph (A) to 
        read as follows:
                    ``(A) ensure that--
                            ``(i) any acquisition authorized under 
                        subsection (a) is limited to targeting persons 
                        reasonably believed to be non-United States 
                        persons located outside the United States; and
                            ``(ii) except as provided in subsection 
                        (b)(2), a significant purpose of an acquisition 
                        is not to acquire the information of 1 or more 
                        United States persons or persons reasonably 
                        believed to be in the United States at the time 
                        of acquisition or communication; and'';
            (3) in subsection (h)(2)(A)(i), by amending subclause (I) 
        to read as follows:
                                    ``(I) ensure that--
                                            ``(aa) an acquisition 
                                        authorized under subsection (a) 
                                        is limited to targeting persons 
                                        reasonably believed to be non-
                                        United States persons located 
                                        outside the United States; and
                                            ``(bb) except as provided 
                                        in subsection (b)(2), a 
                                        significant purpose of an 
                                        acquisition is not to acquire 
                                        the information of 1 or more 
                                        United States persons or 
                                        persons reasonably believed to 
                                        be in the United States at the 
                                        time of acquisition or 
                                        communication; and''; and
            (4) in subsection (j)(2)(B), by amending clause (i) to read 
        as follows:
                            ``(i) ensure that--
                                    ``(I) an acquisition authorized 
                                under subsection (a) is limited to 
                                targeting persons reasonably believed 
                                to be non-United States persons located 
                                outside the United States; and
                                    ``(II) except as provided in 
                                subsection (b)(2), a significant 
                                purpose of an acquisition is not to 
                                acquire the information of 1 or more 
                                United States persons or persons 
                                reasonably believed to be in the United 
                                States at the time of acquisition or 
                                communication; and''.

SEC. 105. DATA RETENTION LIMITS FOR INFORMATION COLLECTED UNDER SECTION 
              702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (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. DATA RETENTION LIMITS.

    ``(a) Policy.--The Attorney General shall develop, and the heads of 
the elements of the intelligence community shall implement, procedures 
governing the retention of information collected pursuant to section 
702.
    ``(b) Covered Information.--For purposes of this section, `covered 
information' includes--
            ``(1) any information, including an encrypted 
        communication, to, from, or pertaining to a United States 
        person or person reasonably believed to be located in the 
        United States at the time of acquisition, communication, or 
        creation of the information that has been evaluated and is not 
        specifically known to contain foreign intelligence information; 
        and
            ``(2) any unevaluated information, unless it can reasonably 
        be determined that the unevaluated information does not contain 
        communications to or from or information pertaining to a United 
        States person or person reasonably believed to be located in 
        the United States at the time of acquisition, communication or 
        creation of the information.
    ``(c) Requirements.--The procedures developed and implemented 
pursuant to subsection (a) shall ensure, with respect to information 
described in such subsection, that covered information shall be 
destroyed within 5 years of collection unless the Attorney General 
determines in writing that--
            ``(1) the information is the subject of a preservation 
        obligation in pending administrative, civil, or criminal 
        litigation, in which case the information shall be segregated, 
        retained, and used solely for that purpose and shall be 
        destroyed as soon as it is no longer required to be preserved 
        for such litigation; or
            ``(2) the information is being used in a proceeding or 
        investigation in which the information is directly related to 
        and necessary to address a specific threat identified in 
        section 706(a)(2)(B).''.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 708 the 
following:

``Sec. 709. Data retention limits.''.

SEC. 106. FOREIGN INTELLIGENCE SURVEILLANCE COURT SUPERVISION OF 
              DEMANDS FOR TECHNICAL ASSISTANCE FROM ELECTRONIC 
              COMMUNICATION SERVICE PROVIDERS UNDER SECTION 702 OF THE 
              FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 702(i)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(i)(1)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and moving such clauses 2 ems to 
        the right;
            (2) in the matter before clause (i), as redesignated by 
        paragraph (1), by striking ``With respect to'' and inserting 
        the following:
                    ``(A) In general.--Subject to subparagraph (B), in 
                carrying out''; and
            (3) by adding at the end the following:
                    ``(B) Limitations.--The Attorney General or the 
                Director of National Intelligence may not direct 
                technical assistance from an electronic communication 
                service provider under subparagraph (A) without 
                demonstrating that the assistance sought--
                            ``(i) is necessary;
                            ``(ii) is narrowly tailored to the 
                        surveillance at issue; and
                            ``(iii) would not pose an undue burden on 
                        the electronic communication service provider 
                        or its customers who are not intended targets 
                        of the surveillance.
                    ``(C) Compliance.--An electronic communication 
                service provider is not obligated to comply with a 
                directive to provide technical assistance under this 
                paragraph unless--
                            ``(i) such assistance is a manner or method 
                        that has been explicitly approved by the Court; 
                        and
                            ``(ii) the Court issues an order, which has 
                        been delivered to the provider, explicitly 
                        describing the assistance to be furnished by 
                        the provider that has been approved by the 
                        Court.''.

SEC. 107. PROHIBITION ON WARRANTLESS ACQUISITION OF DOMESTIC 
              COMMUNICATIONS PURSUANT TO SECTION 702 OF THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a) is amended--
            (1) in subsection (b)(4), by striking ``known at the time 
        of the acquisition'' and inserting ``reasonably believed at the 
        time of acquisition or communication'';
            (2) in subsection (d)(1)(B), by striking ``known at the 
        time of the acquisition'' and inserting ``reasonably believed 
        at the time of the acquisition or communication'';
            (3) in subsection (h)(2)(A)(i)(II), by striking ``known at 
        the time of the acquisition'' and inserting ``reasonably 
        believed at the time of the acquisition or communication''; and
            (4) in subsection (j)(2)(B)(ii), by striking ``known at the 
        time of the acquisition'' and inserting ``reasonably believed 
        at the time of the acquisition or communication''.

SEC. 108. REQUIREMENT OF A FOREIGN INTELLIGENCE PURPOSE.

    Section 702(h)(2)(A)(v) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881a(h)(2)(A)(v)) is amended by striking ``a 
significant'' and inserting ``the''.

SEC. 109. FOUR-YEAR EXTENSION OF SECTION 702 OF THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Extension.--Section 403(b) of the FISA Amendments Act of 2008 
(Public Law 110-261) is amended--
            (1) in paragraph (1) (50 U.S.C. 1881-1881g note), by 
        striking ``December 31, 2023'' and inserting ``September 30, 
        2027''; and
            (2) in paragraph (2) (18 U.S.C. 2511 note), in the matter 
        preceding subparagraph (A), by striking ``December 31, 2023'' 
        and inserting ``September 30, 2027''.
    (b) Conforming Amendment.--The heading of section 404(b)(1) of the 
FISA Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 note) 
is amended by striking ``December 31, 2023'' and inserting ``September 
30, 2027''.

 TITLE II--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN 
                 INTELLIGENCE SURVEILLANCE ACT OF 1978

SEC. 201. COURT SUPERVISION OF COLLECTION TARGETING UNITED STATES 
              PERSONS AND PERSONS LOCATED INSIDE THE UNITED STATES.

    (a) In General.--Title VII of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 50 U.S.C. 1881 et seq.) is amended--
            (1) by striking sections 703, 704, and 705 (50 U.S.C. 
        1881b, 1881c, and 1881d); and
            (2) by inserting after section 702 (50 U.S.C. 1881a) the 
        following:

``SEC. 703. ACQUISITIONS TARGETING UNITED STATES PERSONS AND PERSONS 
              LOCATED INSIDE THE UNITED STATES.

    ``(a) Warrant Requirement.--No officer or employee of the United 
States may intentionally target any United States person, regardless of 
location, or person reasonably believed to be located in the United 
States for the purpose of acquiring foreign intelligence information 
under circumstances in which the person has a reasonable expectation of 
privacy or a warrant would be required if the officer or employee 
sought to compel production of the information inside the United States 
for law enforcement purposes, unless such person is the subject of--
            ``(1) an order or emergency authorization under section 105 
        or 304 of this Act covering the period of the acquisition and 
        the acquisition is subject to the use, dissemination, querying, 
        retention, and other minimization limitations required by such 
        order or authorization; or
            ``(2) a warrant issued pursuant to the Federal Rules of 
        Criminal Procedure by a court of competent jurisdiction 
        covering the period of the acquisition and the acquisition is 
        subject to the use, dissemination, querying, retention, and 
        other minimization limitations required by such warrant.
    ``(b) Pen Register Trap and Trace.--No officer or employee of the 
United States may intentionally target any United States person, 
regardless of location, or person reasonably believed to be located in 
the United States for the purpose of collecting foreign intelligence 
information through the installation and use of pen register or trap 
and trace device, or to acquire information the compelled production of 
which would require a pen register or trap and trace device order if 
conducted inside the United States, unless such person is the subject 
of--
            ``(1) an order or emergency authorization under title IV of 
        this Act covering the period of the acquisition and the 
        acquisition is subject to the use, dissemination, querying, 
        retention, and other minimization limitations required by such 
        authorization; or
            ``(2) an order has been issued pursuant to section 3123 of 
        title 18, United States Code, by a court of competent 
        jurisdiction covering the period of the acquisition.
    ``(c) Matters Relating to Emergency Acquisition.--In the event that 
an emergency acquisition is conducted pursuant to subsection (a)(1) or 
(b)(1) and the application for such emergency authorization is denied, 
or in any other case in which the acquisition has been conducted and no 
order is issued approving the acquisition--
            ``(1) no information obtained or evidence derived from such 
        acquisition 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
            ``(2) no information concerning any United States person or 
        person reasonably believed to be located in the United States a 
        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.
    ``(d) Rule of Construction.--Subsections (a) and (b) shall apply 
regardless of the location of the acquisition.''.
    (b) Conforming Amendments.--The Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is further amended--
            (1) in section 601(a)(1) (50 U.S.C. 1871(a)(1)--
                    (A) by striking subparagraphs (D) through (F); and
                    (B) in subparagraph (B), by striking the semicolon 
                and inserting ``; or'';
            (2) in section 603(b)(1) (50 U.S.C. 1873(b)(1)), in the 
        matter before subparagraph (A), by striking ``and sections 703 
        and 704''; and
            (3) in section 706 (50 U.S.C. 1881e), by striking 
        subsection (b).
    (c) Clerical Amendment.--The table of contents for such Act is 
amended--
            (1) by striking the items relating to sections 703, 704, 
        and 705; and
            (2) by inserting after the item relating to section 702 the 
        following:

``Sec. 703. Acquisitions targeting United States persons and persons 
                            located inside the United States.''.

SEC. 202. REQUIRED DISCLOSURE OF RELEVANT INFORMATION IN FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978 APPLICATIONS.

    (a) In General.--The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended by adding at the end the following:

        ``TITLE IX--REQUIRED DISCLOSURE OF RELEVANT INFORMATION

``SEC. 901. DISCLOSURE OF RELEVANT INFORMATION.

    ``The Attorney General or any other Federal officer or employee 
making an application for a court order under this Act shall provide 
the court with--
            ``(1) all information in the possession of the Government 
        that is material to determining whether the application 
        satisfies the applicable requirements under this Act, including 
        any exculpatory information; and
            ``(2) all information in the possession of the Government 
        that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings that are required to be made under the 
                applicable provision of this Act in order for the court 
                order to be issued.''.
    (b) Clerical Amendment.--The table of contents of the Foreign 
Intelligence Surveillance Act of 1978 is amended by adding at the end 
the following:

             ``TITLE IX--DISCLOSURE OF RELEVANT INFORMATION

``Sec. 901. Disclosure of relevant information.''.

SEC. 203. CERTIFICATION REGARDING ACCURACY PROCEDURES.

    (a) Certification Regarding Accuracy Procedures.--Title IX of the 
Foreign Intelligence Surveillance Act of 1978, as added by section 202, 
is amended by adding at the end the following:

``SEC. 902. CERTIFICATION REGARDING ACCURACY PROCEDURES.

    ``(a) Definition of Accuracy Procedures.--In this section, the term 
`accuracy procedures' means specific procedures, adopted by the 
Attorney General, to ensure that an application for a court order under 
this Act, including any application for renewal of an existing order, 
is accurate and complete, including procedures that ensure, at a 
minimum, that--
            ``(1) the application reflects all information that might 
        reasonably call into question the accuracy of the information 
        or the reasonableness of any assessment in the application, or 
        otherwise raises doubts about the requested findings;
            ``(2) the application reflects all material information 
        that might reasonably call into question the reliability and 
        reporting of any information from a confidential human source 
        that is used in the application;
            ``(3) a complete file documenting each factual assertion in 
        an application is maintained;
            ``(4) the applicant coordinates with the appropriate 
        elements of the intelligence community (as defined in section 3 
        of the National Security Act of 1947 (50 U.S.C. 3003)), 
        concerning any prior or existing relationship with the target 
        of any surveillance, search, or other means of investigation, 
        and discloses any such relationship in the application;
            ``(5) before any application targeting a United States 
        person is made, the applicant Federal officer shall document 
        that the officer has collected and reviewed for accuracy and 
        completeness supporting documentation for each factual 
        assertion in the application; and
            ``(6) the applicant Federal agency establish compliance and 
        auditing mechanisms on an annual basis to assess the efficacy 
        of the accuracy procedures that have been adopted and report 
        such findings to the Attorney General.
    ``(b) Statement and Certification of Accuracy Procedures.--Any 
Federal officer making an application for a court order under this Act 
shall include with the application--
            ``(1) a description of the accuracy procedures employed by 
        the officer or the officer's designee; and
            ``(2) a certification that the officer or the officer's 
        designee has collected and reviewed for accuracy and 
        completeness--
                    ``(A) supporting documentation for each factual 
                assertion contained in the application;
                    ``(B) all information that might reasonably call 
                into question the accuracy of the information or the 
                reasonableness of any assessment in the application, or 
                otherwise raises doubts about the requested findings; 
                and
                    ``(C) all material information that might 
                reasonably call into question the reliability and 
                reporting of any information from any confidential 
                human source that is used in the application.
            ``(3) Necessary finding for court orders.--A judge may not 
        enter an order under this Act unless the judge finds, in 
        addition to any other findings required under this Act, that 
        the accuracy procedures described in the application for the 
        order, as required under subsection (b)(1), are actually 
        accuracy procedures as defined in this section.''.
    (b) Technical Amendment.--The table of contents of the Foreign 
Intelligence Surveillance Act of 1978, as amended by section 202, is 
amended by inserting after the item relating to section 901 the 
following:

``Sec. 902. Certification regarding accuracy procedures.''.

SEC. 204. CLARIFICATION REGARDING TREATMENT OF INFORMATION AND EVIDENCE 
              ACQUIRED UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 
              OF 1978.

    (a) 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.''.
    (b) Policies and Guidance.--
            (1) 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:
                    (A) Policies concerning the application of 
                subsection (q) of section 101 of such Act, as added by 
                subsection (a).
                    (B) Guidance for all members of the intelligence 
                community (as defined in section 3 of the National 
                Security Act of 1947 (50 U.S.C. 3003)) and all Federal 
                agencies with law enforcement responsibilities 
                concerning the application of such subsection (q).
            (2) Modifications.--Whenever the Attorney General and the 
        Director modify a policy or guidance published under paragraph 
        (1), the Attorney General and the Director shall publish such 
        modifications.

SEC. 205. SUNSET ON GRANDFATHER CLAUSE OF SECTION 215 OF THE USA 
              PATRIOT ACT.

    Section 102(b)(2) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note) 
is amended by inserting ``, except that title V of the Foreign 
Intelligence Surveillance Act of 1978, as in effect on March 14, 2020, 
shall continue in effect until the date that is 180 days after the date 
of the enactment of the Government Surveillance Reform Act of 2023'' 
after ``continue in effect''.

SEC. 206. WRITTEN RECORD OF DEPARTMENT OF JUSTICE INTERACTIONS WITH 
              FOREIGN INTELLIGENCE SURVEILLANCE COURT; PROTECTION 
              AGAINST JUDGE SHOPPING BY DOJ.

    (a) Transcripts of Proceedings.--Subsection (c) of section 103 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
amended--
            (1) by inserting ``, and shall be transcribed'' before the 
        first period; and
            (2) by inserting ``, transcriptions,'' after ``applications 
        made''.
    (b) Written Record of Interactions With Court.--Such section is 
further amended by adding at the end the following:
    ``(l) Written Record of Interactions.--
            ``(1) Written communications.--The Attorney General shall 
        maintain all written communications with the court established 
        under subsection (a), including the identity of the employees 
        of the court to or from whom the communications were made, 
        regarding an application or order made under this title in a 
        file associated with the application or order.
            ``(2) Oral communications.--The Attorney General shall--
                    ``(A) document a summary of any oral communications 
                with the court established under subsection (a), 
                including the identity of the employees of the court to 
                or from whom the communications were made, relating to 
                an application or order described in paragraph (1); and
                    ``(B) keep such documentation in a file associated 
                with the application or order.''.
    (c) Extensions of Orders.--Section 105(d)(2) of such Act (50 U.S.C. 
1805(d)(2)) is amended by adding at the end the following: ``To the 
extent practicable, an extension of an order issued under this title 
shall be granted or denied by the same judge who issued the original 
order.''.

SEC. 207. APPOINTMENT OF AMICI CURIAE AND ACCESS TO INFORMATION.

    (a) Expansion of Appointment Authority.--
            (1) In general.--Section 103(i)(2) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)) is 
        amended--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) shall appoint at least 1 individual who has 
                been designated under paragraph (1) and who possesses 
                expertise in privacy and civil liberties to serve as 
                amicus curiae to assist such court in the consideration 
                of any application or motion for an order or review, 
                unless the court issues a written finding that such 
                application neither presents nor involves--
                            ``(i) a novel or significant interpretation 
                        of the law;
                            ``(ii) a significant concern related to 
                        constitutional rights;
                            ``(iii) a sensitive investigative matter;
                            ``(iv) a request for approval of a new 
                        program, a new technology, or a new use of 
                        existing technology;
                            ``(v) a request for reauthorization of 
                        programmatic surveillance; or
                            ``(vi) any other privacy or civil liberties 
                        issue for which an appointment of an amicus 
                        curiae to assist the court in the consideration 
                        of the application would be appropriate; and'';
                    (B) in subparagraph (B), by striking ``an 
                individual or organization'' each place it appears and 
                inserting ``1 or more individuals or organizations'';
                    (C) by redesignating subparagraph (B) as 
                subparagraph (D); and
                    (D) by inserting after subparagraph (A) the 
                following:
                    ``(B) shall appoint at least 1 individual who has 
                been designated under paragraph (1) and who possesses 
                technical expertise to serve as amicus curiae to assist 
                such court in the consideration of any application for 
                an order or review, unless the court issues a written 
                finding that such application neither presents nor 
                involves--
                            ``(i) a request for approval of a new 
                        program, a new technology, or a new use of 
                        existing technology;
                            ``(ii) a request for approval of a 
                        previously authorized program, technology, or 
                        use of existing technology for which no prior 
                        application for approval of such program, 
                        technology, or use was considered by the court 
                        with the assistance of an amicus curiae who 
                        possesses technical expertise; or
                            ``(iii) a technical issue material to any 
                        legal determination for which an appointment of 
                        an amicus curiae who possesses technical 
                        expertise to assist the court in the 
                        consideration of the application would be 
                        appropriate;
                    ``(C) shall randomly appoint at least 1 individual 
                with legal expertise and at least 1 individual with 
                technical expertise, from among individuals who have 
                been designated under paragraph (1), to assist the 
                court in the review of a certification under section 
                702(j); and''.
            (2) Definition of sensitive investigative matter.--Section 
        103(i) of such Act (50 U.S.C. 1803(i)) is amended by adding at 
        the end the following:
            ``(12) Definition of sensitive investigative matter.--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).''.
            (3) Qualifications.--Section 103(i)(3)(A) of such Act (50 
        U.S.C. 1803(i)(3)(A)) is amended--
                    (A) by inserting ``cybersecurity, cryptography,'' 
                after ``communications technology,''; and
                    (B) by adding at the end the following: ``Of such 
                individuals, at least 1 shall possess legal expertise 
                and at least 1 shall possess technical expertise.''.
            (4) Notification.--Section 103(i) of such Act (50 U.S.C. 
        1803(i)) is amended by striking paragraph (7) and inserting the 
        following:
            ``(7) Notification.--A presiding judge of a court 
        established under subsection (a) or (b) shall, not less 
        frequently than quarterly, provide to the Attorney General and 
        the appropriate committees of Congress--
                    ``(A) a notification of each appointment of an 
                individual to serve as amicus curiae under paragraph 
                (2); and
                    ``(B) a copy of each written finding issued under 
                paragraph (2).''.
            (5) Section 702 recertification schedule.--Section 
        702(j)(5)(A) of such Act (50 U.S.C. 1881a(j)(5)(A)) is amended 
        by striking ``at least 30 days prior to the expiration of such 
        authorization'' and inserting ``such number of days, not less 
        than 30 days, before the expiration of such authorization as 
        the Court considers necessary to permit review by amici curiae 
        appointed under section 103(i)(2)(C).''.
            (6) Conforming amendments.--Section 103(i) of such Act (50 
        U.S.C. 1803(i)) is amended--
                    (A) in paragraph (4), by striking ``amicus curiae 
                under paragraph (2)(A)'' and inserting ``amicus curiae 
                under subparagraph (A), (B), or (C) of paragraph (2)''; 
                and
                    (B) in paragraph (5), by striking ``appointed under 
                paragraph (2)(A)'' and inserting ``appointed under 
                subparagraph (A), (B), or (C) of paragraph (2)''.
    (b) Authority To Seek Review.--Section 103(i) of such Act (50 
U.S.C. 1803(i)), as amended by subsection (a), is further amended--
            (1) in paragraph (4)--
                    (A) in the paragraph heading, by inserting ``; 
                authority'' after ``Duties'';
                    (B) by redesignating subparagraphs (A), (B), and 
                (C) as clauses (i), (ii), and (iii), respectively, and 
                moving such clauses, as so redesignated, 2 ems to the 
                right;
                    (C) in the matter preceding clause (i), as so 
                designated, by striking ``the amicus curiae shall'' and 
                inserting the following: ``the amicus curiae--
                    ``(A) shall'';
                    (D) in subparagraph (A)(i), as so designated, by 
                inserting before the semicolon at the end the 
                following: ``, including legal arguments regarding any 
                privacy or civil liberties interest of any United 
                States person that would be significantly affected by 
                the application or motion''; and
                    (E) by striking the period at the end and inserting 
                the following: ``; and
                    ``(B) may seek leave to raise any novel or 
                significant privacy or civil liberties issue relevant 
                to the application or motion or other issue directly 
                affecting the legality of the proposed electronic 
                surveillance with the court, regardless of whether the 
                court has requested assistance on that issue.''.
            (2) by redesignating paragraphs (7) through (12) as 
        paragraphs (8) through (13), respectively; and
            (3) by inserting after paragraph (6) the following:
            ``(7) Authority to seek review of decisions.--
                    ``(A) Foreign intelligence surveillance 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 Foreign 
                        Intelligence Surveillance Court of Review a 
                        question of law pursuant to subsection (j).
                            ``(ii) Denials.--If the Foreign 
                        Intelligence Surveillance Court denies a 
                        petition described in clause (i), the court 
                        shall provide for the record a written 
                        statement of the reasons for such denial.
                            ``(iii) Certification.--Upon certification 
                        of any question of law pursuant to this 
                        subparagraph, the Foreign Intelligence 
                        Surveillance 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) Foreign intelligence surveillance 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).''.
    (c) Access to Information.--
            (1) Application and materials.--Section 103(i)(6) of such 
        Act (50 U.S.C. 1803(i)(6)) is amended--
                    (A) in subparagraph (A), by striking clauses (i) 
                and (ii) and inserting the following:
                            ``(i) shall have access to, to the extent 
                        such information is available to the 
                        Government--
                                    ``(I) 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);
                                    ``(II) any other information or 
                                materials that the court determines is 
                                relevant to the duties of the amicus 
                                curiae; and
                                    ``(III) 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
                            ``(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.'';
                    (B) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) Supporting documentation regarding 
                accuracy.--The Foreign Intelligence Surveillance Court, 
                upon the motion of an amicus curiae appointed under 
                paragraph (2) or upon its own motion, may require the 
                Government to make available the supporting 
                documentation described in section 902.''.
            (2) Clarification of access to certain information.--
        Section 103(i)(6) of such Act (50 U.S.C. 1803(i)(6)) is 
        amended--
                    (A) in subparagraph (B), by striking ``may'' and 
                inserting ``shall''; and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) Classified information.--An amicus curiae 
                appointed by the court shall have access to, to the 
                extent such information is available to the Government, 
                unredacted copies of each opinion, order, transcript, 
                pleading, or other document of the Foreign Intelligence 
                Surveillance Court and the Foreign Intelligence 
                Surveillance Court of Review, including, if the 
                individual is eligible for access to classified 
                information, any classified documents, information, and 
                other materials or proceedings.''.
            (3) Consultation among amici curiae.--Section 103(i)(6) of 
        such Act (50 U.S.C. 1803(i)(6)), as amended by paragraphs (1) 
        and (2), is further amended--
                    (A) by redesignating subparagraphs (B), (C), and 
                (D) as subparagraphs (C), (D), and (E), respectively; 
                and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Consultation.--If the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review determines that it is 
                relevant to the duties of an amicus curiae appointed 
                under paragraph (2), the amicus curiae may consult with 
                1 or more of the other individuals designated to serve 
                as amicus curiae under paragraph (1) regarding any of 
                the information relevant to any assigned proceeding.''.

SEC. 208. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND 
              OPINIONS.

    Section 602 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1872) is amended by striking subsection (a) and inserting 
the following:
    ``(a) Declassification Required.--
            ``(1) In general.--Subject to subsection (b), the Director 
        of National Intelligence, in consultation with the Attorney 
        General, shall--
                    ``(A) conduct a declassification review of each 
                decision, order, or opinion issued by the Foreign 
                Intelligence Surveillance Court or the Foreign 
                Intelligence Surveillance Court of Review (as defined 
                in section 601(e)) that is described in paragraph (2);
                    ``(B) consistent with that review, make publicly 
                available to the greatest extent practicable each such 
                decision, order, or opinion; and
                    ``(C) complete the declassification review required 
                by subparagraph (A) and public release of each such 
                decision, order, or opinion pursuant to subparagraph 
                (B) by not later than 180 days after the date on which 
                the Foreign Intelligence Surveillance Court or the 
                Foreign Intelligence Surveillance Court of Review 
                issues such decision, order, or opinion.
            ``(2) Decision, order, or opinion described.--A decision, 
        order, or opinion issued by the Foreign Intelligence 
        Surveillance Court or the Foreign Intelligence Surveillance 
        Court of Review that is described in this paragraph is any such 
        decision, order, or opinion issued before, on, or after the 
        date of the enactment of this Act that--
                    ``(A) includes a significant construction or 
                interpretation of any provision of law, including any 
                novel or significant construction or interpretation of 
                any term; or
                    ``(B) has been nominated for a declassification 
                review by an amicus curiae appointed by the court.''.

SEC. 209. CLARIFICATION OF FOREIGN INTELLIGENCE SURVEILLANCE COURT 
              JURISDICTION OVER RECORDS OF THE COURT AND OTHER 
              ANCILLARY MATTERS.

    (a) In General.--Section 103 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803), as amended by sections 206 
and 207, is further amended--
            (1) by adding at the end the following:
    ``(m) Ancillary Claims.--
            ``(1) Foreign intelligence surveillance court.--The Foreign 
        Intelligence Surveillance Court shall have jurisdiction to hear 
        claims ancillary to any of its own proceedings, including 
        jurisdiction to hear any claim for access to the court's 
        records, files, and proceedings under the Constitution of the 
        United States, statute, common law, or any other authority. 
        Upon deciding such a claim, such court shall provide 
        immediately for the record a written statement of the reasons 
        for such decision. A party may file a petition for review of 
        such decision with the Foreign Intelligence Surveillance Court 
        of Review, which shall have jurisdiction to consider such 
        petition and, upon deciding such petition, shall provide for 
        the record a written statement of the reasons for its decision.
            ``(2) Foreign intelligence surveillance court of review.--
        The Foreign Intelligence Surveillance Court of Review shall 
        have jurisdiction to hear claims ancillary to any of its own 
        proceedings, including jurisdiction to hear any claim for 
        access to the court's records, files, and proceedings under the 
        Constitution of the United States, statute, common law, or any 
        other authority. Upon deciding such a claim, such court shall 
        provide immediately for the record a written statement of the 
        reasons for such decision.
            ``(3) Supreme court review.--A party may file a petition 
        for a writ of certiorari for review of a decision of the 
        Foreign Intelligence Surveillance Court of Review under 
        paragraphs (1) or (2), and the Supreme Court shall have 
        jurisdiction to review such decision.'';
            (2) in subsection (a)(2)(A), in the matter preceding clause 
        (i), by inserting ``paragraph (1) of subsection (l) of this 
        section or'' before ``paragraph (4) or (5) of section 702(i)''; 
        and
            (3) in subsection (k)(1), by striking ``section 1254(2) of 
        title 28'' and inserting ``section 1254 of title 28''.
    (b) Technical Corrections.--Section 103 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803), as amended by section (a), 
is further amended--
            (1) in subsection (a)(2)(A), in the matter preceding clause 
        (i), by striking ``section 501(f) or''; and
            (2) in subsection (e), by striking ``section 501(f)(1) or'' 
        each place it appears.

SEC. 210. GROUNDS FOR DETERMINING INJURY IN FACT IN CIVIL ACTIONS 
              RELATING TO SURVEILLANCE UNDER THE FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978 OR PURSUANT TO EXECUTIVE 
              AUTHORITY.

    (a) In General.--The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), as amended by section 202, is further amended 
by adding at the end the following:

                     ``TITLE X--ADDITIONAL MATTERS

``SEC. 1001. CHALLENGES TO GOVERNMENT SURVEILLANCE.

    ``(a) Definitions.--In this section, the terms `foreign 
intelligence information', `person', `United States', and `United 
States person' have the meaning given such terms in section 101.
    ``(b) Injury in Fact.--In any claim in a civil action brought in a 
court of the United States relating to the acquisition, copying, 
querying, retention, access, or use of information acquired under this 
Act or pursuant to any other authority of the executive branch of the 
Federal Government, by a United States person or person located inside 
the United States, the person asserting the claim has suffered an 
injury-in-fact traceable to that conduct if the person--
            ``(1)(A) regularly communicates foreign intelligence 
        information with persons who are not United States persons and 
        who are located outside the United States; and
    ``(B) has taken or is taking objectively reasonable measures to 
avoid the acquisition, copying, querying, retention, access, or use of 
the person's information under this Act or pursuant to another 
authority of the executive branch of the Federal Government; or
            ``(2) has a reasonable basis to believe that the person's 
        rights have been, are being, or imminently will be violated by 
        an individual acting under color of Federal law.
    ``(c) Reasonable Basis.--For the purposes of this section, a 
reasonable basis exists when the person demonstrates a concrete injury 
arising from a good-faith belief that the person's rights have been, 
are being, or imminently will be violated through the acquisition, 
copying, querying, retention, access, or use of the person's 
information under this Act or pursuant to any other authority of the 
executive branch of the Federal Government.
    ``(d) State Secrets Privilege Abrogated.--The state secrets 
privilege is abrogated, and the procedure set forth in section 106(f) 
shall apply, with respect to any claim where the plaintiff, who is a 
United States person or person located in the United States, plausibly 
alleges an injury-in-fact relating to the acquisition, copying, 
querying, retention, access, or use of information acquired under this 
Act or pursuant to another authority of the executive branch of the 
Federal Government and plausibly alleges that the acquisition, copying, 
querying, retention, access, or use of information violates the 
Constitution or laws of the United States.''.
    (b) Clerical Amendment.--The table of contents of the Foreign 
Intelligence Surveillance Act of 1978, as amended by section 202, is 
further amended by adding at the end the following:

                     ``TITLE X--ADDITIONAL MATTERS

``Sec. 1001. Challenges to Government surveillance.''.

SEC. 211. ACCOUNTABILITY PROCEDURES FOR VIOLATIONS BY FEDERAL 
              EMPLOYEES.

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

``SEC. 1002. ACCOUNTABILITY PROCEDURES FOR VIOLATIONS BY FEDERAL 
              EMPLOYEES.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' has the meaning given such 
        term in section 101.
            ``(2) Covered agency.--The term `covered agency' means the 
        Federal Bureau of Investigation, the Central Intelligence 
        Agency, the National Security Agency, and the National 
        Counterterrorism Center.
            ``(3) Covered violation.--The term `covered violation' 
        means a violation of this Act or Executive Order 12333 (50 
        U.S.C. 3001 note; relating to United States intelligence 
        activities), or successor order, by an employee of a covered 
        agency that results in the inappropriate collection, use, 
        querying, or dissemination of any communication, record, or 
        information of a United States person or a person inside the 
        United States.
            ``(4) Person, united states, and united states person.--The 
        terms `person', `United States', and `United States person' 
        have the meanings given such terms in section 101.
    ``(b) Accountability Procedures; Designated Investigative Entity.--
The head of each covered agency shall--
            ``(1) establish procedures to hold employees of the covered 
        agency accountable for willful, knowing, reckless, and 
        negligent covered violations; and
            ``(2)(A) designate an entity within the agency to 
        investigate possible willful, knowing, reckless, and negligent 
        covered violations; and
    ``(B) establish an internal process for the designated entity to 
determine culpability for willful, knowing, reckless, and negligent 
covered violations.
    ``(c) Elements.--The procedures established under subsection (b)(1) 
shall include the following:
            ``(1) Centralized tracking of individual employee 
        performance incidents involving willful, knowing, reckless, and 
        negligent covered violations, over time.
            ``(2) Escalating consequences for willful, knowing, 
        reckless, and negligent covered violations, including--
                    ``(A) consequences for an initial reckless or 
                negligent covered violation, including, at a minimum--
                            ``(i) suspension of access to information 
                        acquired under this Act or to the dataset that 
                        gave rise to the violation for not less than 90 
                        days; and
                            ``(ii) documentation of the incident in the 
                        personnel file of each employee responsible for 
                        the violation;
                    ``(B) consequences for a second reckless or 
                negligent covered violation, including, at a minimum--
                            ``(i) suspension of access to information 
                        acquired under this Act or to the dataset that 
                        gave rise to the violation for not less than 
                        180 days; and
                            ``(ii) reassignment of each employee 
                        responsible for the violation;
                    ``(C) consequences for a third reckless or 
                negligent covered violation, including, at a minimum--
                            ``(i) termination of security clearance; 
                        and
                            ``(ii) reassignment or termination of each 
                        employee responsible for the violation;
                    ``(D) consequences for an initial willful or 
                knowing covered violation, including, at a minimum--
                            ``(i) suspension of access to information 
                        acquired under this Act or to the dataset that 
                        gave rise to the violation for not less than 
                        180 days; and
                            ``(ii) reassignment of each employee 
                        responsible for the violation; and
                    ``(E) consequences for a second willful or knowing 
                covered violation, including, at a minimum--
                            ``(i) termination of security clearance; 
                        and
                            ``(ii) reassignment or termination of each 
                        employee responsible for the violation.
    ``(d) Presumption of Termination.--
            ``(1) In general.--For purposes of subparagraphs (C)(ii) 
        and (E)(ii) of subsection (c)(2), there shall be a presumption 
        in favor of termination of an employee.
            ``(2) Justification.--If the head of a covered agency 
        determines not to terminate an employee for a third reckless or 
        negligent violation under subparagraph (C)(ii) of subsection 
        (c)(2) or a second willful or knowing violation under 
        subparagraph (E)(ii) of that subsection, the agency head shall 
        submit to the appropriate committees of Congress a written 
        justification for the determination.
    ``(e) Timing.--If a covered agency determines, through an 
investigation, that an employee committed a willful, knowing, reckless, 
or negligent covered violation, the agency head shall determine what 
consequences to impose on the employee under subsection (c)(2) not 
later than 60 days after the conclusion of the investigation.''.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 1001, as added 
by this title, the following:

``Sec. 1002. Accountability procedures for violations by Federal 
                            employees.''.
    (c) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the head of each covered agency, as 
        defined in section 710 of the Foreign Intelligence Surveillance 
        Act of 1978 (as added by subsection (a)), shall submit to the 
        appropriate committees of Congress a report detailing--
                    (A) the procedures established under section 710 of 
                the Foreign Intelligence Surveillance Act of 1978, as 
                added by subsection (a); and
                    (B) a description of any actions taken pursuant to 
                such procedures.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex to the extent necessary to protect sources and methods.

 TITLE III--REFORMS RELATED TO SURVEILLANCE CONDUCTED UNDER EXECUTIVE 
                              ORDER 12333

SEC. 301. DEFINITIONS.

    In this title:
            (1) Intelligence, intelligence community, and foreign 
        intelligence.--The terms ``intelligence'', ``intelligence 
        community'', and ``foreign intelligence'' have the meanings 
        given such terms in section 3 of the National Security Act of 
        1947 (50 U.S.C. 3003).
            (2) Electronic surveillance, person, state, united states, 
        and united states person.--The terms ``electronic 
        surveillance'', ``person'', ``State'', ``United States'', and 
        ``United States person'' have the meanings given such terms in 
        section 101 of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801).

SEC. 302. PROHIBITION ON WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF 
              UNITED STATES PERSONS AND PERSONS LOCATED IN THE UNITED 
              STATES.

    (a) In General.--Except as provided in subsections (b) and (c), no 
officer or employee of the Federal Government may conduct a query of 
information acquired pursuant to Executive Order 12333 (50 U.S.C. 3001 
note; relating to United States intelligence activities), or successor 
order, 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) Concurrent Authorization, Consent, and Exception for Emergency 
Situations.--
            (1) In general.--Subsection (a) shall not apply to a query 
        relating to United States person 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 
        if--
                    (A) such persons or person are the subject of an 
                order or emergency authorization authorizing electronic 
                surveillance or physical search under section 105 or 
                304 of the Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1805, 1824 ), or a warrant issued 
                pursuant to the Federal Rules of Criminal Procedure by 
                a court of competent jurisdiction covering the period 
                of the query;
                    (B)(i) the officer or employee carrying out the 
                query has a reasonable belief that--
                            (I) an emergency exists involving an 
                        imminent threat of death or serious bodily 
                        harm; and
                            (II) in order to prevent or mitigate this 
                        threat, the query must be conducted before 
                        authorization pursuant to subparagraph (A) can, 
                        with due diligence, be obtained; and
    (ii) a description of the query is provided to the congressional 
intelligence committees (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)) in a timely manner;
                    (C) such persons or, if such person is incapable of 
                providing consent, a third party legally authorized to 
                consent on behalf of the person, has provided consent 
                to the query on a case-by-case basis; or
                    (D)(i) the query uses a known cybersecurity threat 
                signature as a query term;
    (ii) 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;
    (iii) no additional contents of communications retrieved as a 
result of the query are accessed or reviewed; and
    (iv) all such queries are reported to the Foreign Intelligence 
Surveillance Court.
            (2) Limitations.--
                    (A) Use in subsequent proceedings and 
                investigations.--No information retrieved pursuant to a 
                query authorized by paragraph (1)(B) 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, except in a proceeding 
                or investigation that arises from the threat that 
                prompted the query.
                    (B) Assessment of compliance.--Not less frequently 
                than annually, the Attorney General shall assess 
                compliance with the requirements under subparagraphs 
                (A).
    (c) Matters Relating to Emergency Queries.--
            (1) 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 relating to 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 communication, or creation of the information is 
        conducted pursuant to an emergency authorization described in 
        subsection (b)(1)(A) 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--
                    (A) 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
                    (B) no information concerning any United States 
                person or person reasonably believed to be located in 
                the United States at the time of acquisition or the 
                time of communication or 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.
            (2) Assessment of compliance.--Not less frequently than 
        annually, the Attorney General shall assess compliance with the 
        requirements under paragraph (1).
    (d) Foreign Intelligence Surveillance Act of 1978.--This section 
shall not apply to queries of communications and information collected 
pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.).
    (e) Foreign Intelligence Purpose.--Except as provided in subsection 
(b)(1), no officer or employee of the United States may conduct a query 
of information acquired pursuant to Executive Order 12333 (50 U.S.C. 
3001 note; relating to United States intelligence activities), or 
successor order, in an effort to find information of our 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 
communication or creation of the information unless the query is 
reasonably likely to retrieve foreign intelligence information.
    (f) Documentation.--No officer or employee of the Federal 
Government may conduct a query of information acquired pursuant to 
Executive Order 12333 (50 U.S.C. 3001 note; relating to United States 
intelligence activities), or successor order, 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 first an electronic record is created, and a system, 
mechanism, or business practice is in place to maintain such record, 
that includes the following:
            (1) Each term used for the conduct of the query.
            (2) The date of the query.
            (3) The identifier of the officer or employee.
            (4) A statement of facts showing that the use of each query 
        term included under paragraph (1) is reasonably likely to 
        retrieve foreign intelligence information.
    (g) Prohibition on Results of Metadata Query as a Basis for Access 
to Communications and Other Protected Information.--If a query of 
information 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 acquisition or 
communication and the query returns such information, the results of 
the query may not be used as a basis for reviewing communications or 
information a query for which is otherwise prohibited under this 
sections.

SEC. 303. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND 
              PERSONS LOCATED IN THE UNITED STATES.

    (a) Prohibition on Acquisition.--
            (1) Prohibition with exceptions.--No officer or employee of 
        the United States may intentionally target, pursuant to 
        Executive Order 12333 (50 U.S.C. 3001 note; relating to United 
        States intelligence activities), or successor order, any person 
        if a significant purpose of the acquisition is to target 1 or 
        more United States persons or persons reasonably believed to be 
        located in the United States at the time of acquisition, 
        communication, or the creation of the information as prohibited 
        by Section 703 of the Foreign Intelligence Surveillance Act of 
        1978, as added by section 201 of this Act, unless--
                    (A)(i) there is a reasonable belief that an 
                emergency exists involving a threat of imminent death 
                or serious bodily harm to such United States person or 
                person reasonably believed to be in the United States 
                at the time of the query or the time of acquisition or 
                communication;
    (ii) the information is sought for the purpose of assisting that 
person; and
    (iii) a description of the targeting is provided to the 
congressional intelligence committees (as defined in section 3 of the 
National Security Act of 1947 (50 U.S.C. 3003)) in a timely manner; or
                    (B) the United States person or persons reasonably 
                believed to be located in the United States at the time 
                of acquisition, communication or creation of the 
                information has provided consent to the targeting, or 
                if such person is incapable of providing consent, a 
                third party legally authorized to consent on behalf of 
                such person has provided consent.
            (2) Limitation on exception.--No information acquired 
        pursuant to paragraph (1)(A) or evidence derived from such 
        targeting 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 targeting.
    (b) Foreign Intelligence Surveillance Act of 1978 and Criminal 
Warrants.--This section shall not apply to--
            (1) an acquisition carried out pursuant to both section 702 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1881a), as amended by section 103 of this Act, and section 
        703(b)(2) of the Foreign Intelligence Surveillance Act of 1978, 
        as added by section 201 of this Act;
            (2) an acquisition authorized under section 105 or 304 of 
        the Foreign Intelligence Surveillance act of 1978 (50 U.S.C. 
        1805 and 1824); or
            (3) an acquisition pursuant to a warrant issued pursuant to 
        the Federal Rules of Criminal Procedure.

SEC. 304. PROHIBITION ON INTELLIGENCE ACQUISITION OF UNITED STATES 
              PERSON DATA.

    (a) Definitions.--In this section:
            (1) Covered data.--The term ``covered data'' means data, 
        derived data, or any unique identifier that--
                    (A) is linked to or is reasonably linkable to a 
                covered person; and
                    (B) does not include data that--
                            (i) is lawfully available to the public 
                        through Federal, State, or local government 
                        records or through widely distributed media;
                            (ii) is reasonably believed to have been 
                        voluntarily made available to the general 
                        public by the covered person; or
                            (iii) is a specific communication or 
                        transaction with a targeted individual who is 
                        not a covered person.
            (2) Covered person.--The term ``covered person'' means an 
        individual who--
                    (A) is reasonably believed to be located in the 
                United States at the time of the creation or the time 
                of acquisition of the covered data; or
                    (B) is a United States person.
    (b) Limitation.--
            (1) In general.--Subject to paragraphs (2) through (7), an 
        element of the intelligence community may not acquire a dataset 
        that includes covered data.
            (2) Authorization pursuant to the foreign intelligence 
        surveillance act of 1978.--An element of the intelligence 
        community may acquire covered data if the data has been 
        authorized for collection pursuant to an order or emergency 
        authorization pursuant to the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1801 et seq.) or the Federal Rules of 
        Criminal Procedure by a court of competent jurisdiction 
        covering the period of the acquisition, subject to the use, 
        dissemination, querying, retention, and other minimization 
        limitations required by such authorization.
            (3) Authorization for employment-related use.--An element 
        of the intelligence community may acquire covered data about an 
        employee of, or applicant for employment by, an element of the 
        intelligence community for employment-related purposes, 
        provided that--
                    (A) access to and use of the covered data is 
                limited to such purposes; and
                    (B) the covered data is destroyed at such time as 
                it is no longer necessary for such purposes.
            (4) Exception for compliance purposes.--An element of the 
        intelligence community may acquire covered data for the purpose 
        of supporting compliance with collection limitations and 
        minimization requirements imposed by statute, guidelines, 
        procedures, or the United States Constitution, provided that--
                    (A) access to and use of the covered data is 
                limited to such purpose; and
                    (B) the covered data is destroyed at such time as 
                it is no longer necessary for such purpose.
            (5) Exception for life or safety.--An element of the 
        intelligence community may acquire covered data if--
                    (A) there is a reasonable belief that--
                            (i) an emergency exists involving an 
                        imminent threat of death or serious bodily 
                        harm; and
                            (ii) in order to prevent or mitigate this 
                        threat, the acquisition must be conducted 
                        before authorization pursuant to paragraph (2) 
                        can, with due diligence, be obtained;
                    (B) access to and use of the covered data is 
                limited to addressing the threat;
                    (C) the covered data is destroyed at such time as 
                it is no longer necessary for such purpose; and
                    (D) a description of the acquisition is provided to 
                the congressional intelligence committees (as defined 
                in section 3 of the National Security Act of 1947 (50 
                U.S.C. 3003)) in a timely manner.
            (6) Exception for consent.--An element of the intelligence 
        community may acquire covered data if--
                    (A) each covered person linked or reasonably linked 
                to the covered data, or, if such person is incapable of 
                providing consent, a third party legally authorized to 
                consent on behalf of the person, has provided consent 
                to the acquisition and use of the data on a case-by-
                case basis;
                    (B) access to and use of the covered data is 
                limited to the purposes for which the consent was 
                provided; and
                    (C) the covered data is destroyed at such time as 
                it is no longer necessary for such purposes.
            (7) Exception for nonsegregable data.--An element of the 
        intelligence community may acquire a dataset that includes 
        covered data if the covered data is not reasonably segregable 
        prior to acquisition, provided that the element of the 
        intelligence community complies with the minimization 
        procedures in subsection (c).
    (c) Minimization Procedures.--
            (1) In general.--The Attorney General shall adopt specific 
        procedures that are reasonably designed to minimize the 
        acquisition and retention of covered data that is not subject 
        to 1 or more of the exceptions set forth in subsection (b).
            (2) Acquisition and retention.--The procedures adopted 
        under paragraph (1) shall require elements of the intelligence 
        community to exhaust all reasonable means--
                    (A) to exclude covered data not subject to 1 or 
                more exceptions set forth in subsection (b) from 
                datasets prior to acquisition; and
                    (B) to remove and delete covered data not subject 
                to 1 or more exceptions set forth in subsection (b) 
                prior to the operational use of the acquired dataset or 
                the inclusion of the dataset in a database intended for 
                operational use.
            (3) Destruction.--The procedures adopted under paragraph 
        (1) shall require that if an element of the intelligence 
        community identifies covered data acquired in violation of 
        subsection (b), such covered data shall be promptly destroyed.
    (d) Prohibition on Use of Data Obtained in Violation of This 
Section.--Covered data acquired by an element of the intelligence 
community in violation of subsection (b), and any evidence derived 
therefrom, may not be used, received in evidence, or otherwise 
disseminated in any investigation, trial, hearing, or other proceeding 
in or before any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other authority of the 
United States, a State, or political subdivision thereof.
    (e) Reporting Requirement.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall submit to the appropriate committees of 
        Congress and the Privacy and Civil Liberties Oversight Board a 
        report on the acquisition of datasets that the Director 
        anticipates will contain information of covered persons that is 
        significant in volume, proportion, or sensitivity.
            (2) Contents.--The report submitted pursuant to paragraph 
        (1) shall include the following:
                    (A) A description of the covered person information 
                in each dataset.
                    (B) An estimate of the amount of covered person 
                information in each dataset.
            (3) Notifications.--After submitting the report required by 
        paragraph (1), the Director shall, in coordination with the 
        Under Secretary, notify the appropriate committees of Congress 
        of any changes to the information contained in such report.
            (4) Availability to the public.--The Director shall make 
        available to the public on the website of the Director--
                    (A) the unclassified portion of the report 
                submitted pursuant to paragraph (1); and
                    (B) any notifications submitted pursuant to 
                paragraph (3).
    (f) Rule of Construction.--Nothing in this section shall authorize 
an acquisition otherwise prohibited by this title, the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or 
title 18, United States Code.

SEC. 305. PROHIBITION ON THE WARRANTLESS ACQUISITION OF DOMESTIC 
              COMMUNICATIONS.

    (a) In General.--No officer or employee of the United States may 
intentionally acquire pursuant to Executive Order 12333 (50 U.S.C. 3001 
note; relating to United States intelligence activities), or successor 
order, any communication as to which the sender and all intended 
recipients are known to be located in the United States at the time of 
acquisition or the time of communication except--
            (1) as authorized under section 105 or 304 the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1805 and 
        1824); or
            (2) if--
                    (A) there is a reasonable belief that--
                            (i) an emergency exists involving the 
                        imminent threat of death or serious bodily 
                        harm; and
                            (ii) in order to prevent or mitigate this 
                        threat, the acquisition must be conducted 
                        before an authorization pursuant to the 
                        provisions of law cited in paragraph (1) can, 
                        with due diligence, be obtained; and
                    (B) a description of the acquisition is provided to 
                the congressional intelligence committees (as defined 
                in section 3 of the National Security Act of 1947 (50 
                U.S.C. 3003)) in a timely manner.
    (b) Use in Subsequent Proceedings and Investigations.--No 
information acquired pursuant to an emergency described in subsection 
(a)(2) or information derived from such acquisition 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 a proceeding or investigation that arises from the 
threat that prompted the acquisition.

SEC. 306. DATA RETENTION LIMITS.

    (a) Procedures.--Each head of an element of the Intelligence 
Community shall develop and implement procedures governing the 
retention of information collected pursuant to Executive Order 12333 
(50 U.S.C. 3001 note; relating to United States intelligence 
activities), or successor order.
    (b) Requirements.--
            (1) Covered information defined.--In this subsection, the 
        term ``covered information'' includes--
                    (A) any information, including an encrypted 
                communication, to, from, or pertaining to a United 
                States person or person reasonably believed to be 
                located in the United States at the time of 
                acquisition, communication, or creation of the 
                information that has been evaluated and is not 
                specifically known to contain foreign intelligence 
                information; and
                    (B) any unevaluated information, unless it can 
                reasonably be determined that the unevaluated 
                information does not contain communications to or from, 
                or information pertaining to a United States person or 
                person reasonably believed to be located in the United 
                States at the time of acquisition, communication, or 
                creation of the information.
            (2) In general.--The procedures developed and implemented 
        pursuant to subsection (a) shall ensure, with respect to 
        information described in such subsection, that covered 
        information shall be destroyed within 5 years of collection 
        unless the Attorney General determines in writing that--
                    (A) the information is the subject of a 
                preservation obligation in pending administrative, 
                civil, or criminal litigation, in which case the 
                covered information shall be segregated, retained, and 
                used solely for that purpose and shall be destroyed as 
                soon as it is no longer required to be preserved for 
                such litigation; or
                    (B) the information is being used in a proceeding 
                or investigation in which the information is directly 
                related to and necessary to address a specific threat 
                identified in section 706(a)(2)(B) of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 
                1881e(a)(2)(B)), as amended by section 102.

SEC. 307. REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

    Section 511 of the National Security Act of 1947 (50 U.S.C. 3110) 
is amended by adding at the end the following:
    ``(c) Public Availability.--The Director of National Intelligence 
shall make each report submitted under subsection (a) publicly 
available on an internet website, with such redactions as may be 
necessary to protect sources and methods.
    ``(d) Department of Justice Report.--The Attorney General, in 
consultation with the Director of National Intelligence, shall submit 
to the Committee on the Judiciary of the Senate and the Committee on 
the Judiciary of the House of Representatives a version of the report 
described in subsection (a) that only addresses violations of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.).''.

                    TITLE IV--INDEPENDENT OVERSIGHT

SEC. 401. INSPECTOR GENERAL OVERSIGHT OF ORDERS UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Audit.--Not later than 1 year after the date of the enactment 
of this Act, the Inspector General of the Department of Justice and the 
Inspector General of each element of the intelligence community shall 
each initiate an audit of the applications for court orders made under 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) and directives issued under section 702(i) of such Act by the 
Department or the element, respectively.
    (b) Scope; Contents.--In conducting an audit under subsection (a)--
            (1) an Inspector General shall--
                    (A) review such sample of applications and 
                directives described in such subsection as the 
                Inspector General determines appropriate in order to 
                carry out the objectives of this section;
                    (B) assess whether--
                            (i) adequate safeguards are in place to 
                        ensure that the assertions made in applications 
                        are scrupulously accurate;
                            (ii) adequate safeguards are in place to 
                        ensure that each application includes all 
                        material information, including any information 
                        that suggests that the court should deny the 
                        application or that the court should include 
                        one or more conditions in an order, as required 
                        under section 901 of the Foreign Intelligence 
                        Surveillance Act of 1978, as added by section 
                        202(a); and
                            (iii) in the determination of the Inspector 
                        General, there are any other areas of potential 
                        risk or violation; and
                    (C) make recommendations to address any 
                deficiencies identified by the Inspector General; and
            (2) the Inspector General of the Department of Justice 
        shall assess the information provided by the Department of 
        Justice under section 903 and include a determination on the 
        accuracy and completeness of the information provided under 
        that section.
    (c) Report.--
            (1) In general.--For each audit conducted by an Inspector 
        General under subsection (a), such Inspector General shall 
        submit to the persons specified in paragraph (2) a report of 
        the audit, including findings and recommendations of the 
        Inspector General and any remediations taken by the Department 
        or element, respectively.
            (2) Persons specified.--The persons specified in this 
        paragraph are the following:
                    (A) The Attorney General.
                    (B) The Director of National Intelligence.
                    (C) The Privacy and Civil Liberties Oversight 
                Board.
                    (D) The appropriate committees of Congress.
                    (E) The Foreign Intelligence Surveillance Court (as 
                defined in section 601(e) of the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1871(e))).
                    (F) Any amicus curiae appointed under section 
                103(i)(2) of the Foreign Intelligence Surveillance Act 
                of 1978 (50 U.S.C. 1803(i)(2)).
    (d) Cooperation.--The Attorney General and head of each element of 
the intelligence community shall ensure full and complete cooperation 
with the respective Inspector General conducting an audit under 
subsection (a), including by providing access to all evidence and 
information relevant to the assessments required under subsection 
(b)(2), subject to such procedures as are necessary to protect the 
national security of the United States.
    (e) Availability to the Public.--The Inspector General of each 
element of the intelligence community shall each make publicly 
available on a website of the relevant element an unclassified version 
of any report submitted under subsection (c) by the respective 
Inspector General.

SEC. 402. DEPARTMENT OF JUSTICE INSPECTOR GENERAL REVIEW OF HIGH 
              INTENSITY DRUG TRAFFICKING AREA SURVEILLANCE PROGRAMS.

    (a) Definition.--In this section:
            (1) Covered hidta surveillance program.--The term ``covered 
        HIDTA surveillance program'' means a HIDTA surveillance program 
        in which a non-Federal Government entity provides to law 
        enforcement agencies access to a database maintained by that 
        entity containing information on more than 1,000,000 United 
        States persons or persons in the United States.
            (2) HIDTA surveillance program.--The term ``HIDTA 
        surveillance program'' means a program that--
                    (A) enables law enforcement agencies to share, 
                query, receive, or process information on United States 
                persons;
                    (B) is operated by, or receives funding from 1 or 
                more high intensity drug trafficking areas; and
                    (C) is supported financially, in whole or in part, 
                with Federal funds.
            (3) United states person.--The term ``United States 
        person'' has the meaning given the term in the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
    (b) Review.--The Inspector General of the Department of Justice 
shall--
            (1) in the case of a HIDTA surveillance program established 
        before the date of the enactment of this Act, conduct a review 
        of such HIDTA surveillance program--
                    (A) not later than 180 days after the earlier of--
                            (i) the date of the enactment of this Act; 
                        or
                            (ii) the date such HIDTA surveillance 
                        program becomes a covered HIDTA surveillance 
                        program; and
                    (B) not less frequently than once every 5 years for 
                as long as such HIDTA surveillance program is a covered 
                HIDTA surveillance program; and
            (2) in the case of a HIDTA surveillance program established 
        after the date of the enactment of this Act, conduct a review 
        of such HIDTA surveillance program--
                    (A) not later than 180 days after the HIDTA 
                surveillance program becomes a covered HIDTA 
                surveillance program; and
                    (B) not less frequently than once every 5 years for 
                as long as such HIDTA surveillance program is a covered 
                HIDTA surveillance program.

SEC. 403. INTELLIGENCE COMMUNITY PARITY AND COMMUNICATIONS WITH PRIVACY 
              AND CIVIL LIBERTIES OVERSIGHT BOARD.

    (a) Whistleblower Protections for Members of Intelligence Community 
for Communications With Privacy and Civil Liberties Oversight Board.--
Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is 
amended--
            (1) in subsection (b)(1), in the matter before subparagraph 
        (A), by inserting ``the Privacy and Civil Liberties Oversight 
        Board,'' after ``Inspector General of the Intelligence 
        Community,''; and
            (2) in subsection (c)(1)(A), in the matter before clause 
        (i), by inserting ``the Privacy and Civil Liberties Oversight 
        Board,'' after ``Inspector General of the Intelligence 
        Community,''.
    (b) Parity in Pay for Privacy and Civil Liberties Oversight Board 
Staff and the Intelligence Community.--Section 1061(j)(1) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 
2000ee(j)(1)) is amended by striking ``except that'' and all that 
follows through the period at the end and inserting ``except that no 
rate of pay fixed under this subsection may exceed the highest amount 
paid by any element of the intelligence community for a comparable 
position, based on salary information provided to the chairman of the 
Board by the Director of National Intelligence.''.

SEC. 404. CONGRESSIONAL OVERSIGHT OF GRANTS OF IMMUNITY BY THE ATTORNEY 
              GENERAL FOR WARRANTLESS SURVEILLANCE ASSISTANCE.

    (a) In General.--Section 2511(2)(a) of title 18, United States 
Code, is amended by adding at the end the following:
    ``(iv) Not later than 30 days after providing a certification 
described in clause (B) of the first sentence of subparagraph (ii) to a 
provider of wire or electronic communication service, an officer, 
employee, or agent thereof, a landlord, a custodian, or another person, 
the person providing the certification shall submit the certification 
to the appropriate committees of Congress, as defined in section 101 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).''.
    (b) Ongoing Programs.--
            (1) Definitions.--In this subsection--
                    (A) the term ``appropriate committees of Congress'' 
                has the meaning given that term in section 101 of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801), as amended by section 2 of this Act;
                    (B) the terms ``electronic communication'', 
                ``electronic communication service'', and ``wire 
                communication'' have the meanings given such terms in 
                section 2510 of title 18, United States Code; and
                    (C) the term ``ongoing certification'' means a 
                certification described in clause (B) of the first 
                sentence of section 2511(2)(a)(ii) of title 18, United 
                States Code, pursuant to which a provider of wire or 
                electronic communication service, an officer, employee, 
                or agent thereof, a landlord, a custodian, or another 
                person is providing information, facilities, or 
                technical assistance on the date of enactment of this 
                Act.
            (2) Submission.--Not later than 90 days after the date of 
        enactment of this Act, the person that provided an ongoing 
        certification to a provider of wire or electronic communication 
        service, an officer, employee, or agent thereof, a landlord, a 
        custodian, or another person shall submit the ongoing 
        certification to the appropriate committees of Congress.

 TITLE V--REFORMS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986

SEC. 501. WARRANT PROTECTIONS FOR LOCATION INFORMATION, WEB BROWSING 
              RECORDS, AND SEARCH QUERY RECORDS.

    (a) Historical Location, Web Browsing, and Search Queries.--
            (1) In general.--Section 2703 of title 18, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by striking 
                        ``Contents of Wire or Electronic 
                        Communications'' and inserting ``Location 
                        Information, Web Browsing Records, Search Query 
                        Records, or Contents of Wire or Electronic 
                        Communications''; and
                            (ii) in the first sentence, by inserting 
                        ``location information, a web browsing record, 
                        a search query record, or'' before ``the 
                        contents of a wire''; and
                    (B) in subsection (c)(1), in the matter preceding 
                subparagraph (A), by inserting ``location information, 
                a web browsing record, a search query record, or'' 
                before ``the contents''.
            (2) Definition.--Section 2711 of title 18, United States 
        Code, is amended--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``(a) In General.--'' before ``As used'';
                    (B) in subsection (a), as so designated--
                            (i) in paragraph (3)(C), by striking 
                        ``and'' at the end;
                            (ii) in paragraph (4), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
            ``(5) 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, user, or 
        device;
            ``(6) the term `web browsing record'--
                    ``(A) means a record that reveals, in part or in 
                whole, the identity of a service provided by an online 
                service provider, or the identity of a customer, 
                subscriber, user, or device, for any attempted or 
                successful communication or transmission between an 
                online service provider and such a customer, 
                subscriber, user, or device;
                    ``(B) includes a record that reveals, in part or in 
                whole--
                            ``(i) the domain name, uniform resource 
                        locator, internet protocol address, or other 
                        identifier for a service provided by an online 
                        service provider with which a customer, 
                        subscriber, user, or device has exchanged or 
                        attempted to exchange a communication or 
                        transmission; or
                            ``(ii) the network traffic generated by an 
                        attempted or successful communication or 
                        transmission between a service provided by an 
                        online service provider and a customer, 
                        subscriber, user, or device; and
                    ``(C) does not include a record that reveals 
                information about an attempted or successful 
                communication or transmission between a known service 
                and a particular, known customer, subscriber, user, or 
                device, if the record is maintained by the known 
                service and is limited to revealing additional 
                identifying information about the particular, known 
                customer, subscriber, user, or device;
            ``(7) the term `search query record'--
                    ``(A) means a record that reveals a query term or 
                instruction submitted, in written, verbal, or other 
                format, by a customer, subscriber, user, or device to 
                any service provided by an online service provider, 
                including a search engine, voice assistant, chat bot, 
                or navigation service; and
                    ``(B) includes a record that reveals the response 
                provided by any service provided by an online service 
                provider to a query term or instruction by a customer, 
                subscriber, user, or device;''; and
                    (C) by adding at the end the following:
    ``(b) Rule of Construction.--Nothing in this section or section 
2510 shall be construed to mean that a record may not be more than 1 of 
the following types of record:
            ``(1) The contents of a communication.
            ``(2) Location information.
            ``(3) A web browsing record.
            ``(4) A search query record.''.
    (b) Real-Time Surveillance of Location Information.--
            (1) In general.--Section 3117 of title 18, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``Mobile 
                tracking devices'' and inserting ``Tracking orders'';
                    (B) by striking subsection (b);
                    (C) by redesignating subsection (a) as subsection 
                (c);
                    (D) by inserting before subsection (c), as so 
                redesignated, the following:
    ``(a) In General.--No officer or employee of a governmental entity 
may install or direct the installation of a tracking device, except 
pursuant to a warrant issued using the procedures described in the 
Federal Rules of Criminal Procedure (or, in the case of a State court, 
issued using State warrant procedures and, in the case of a court-
martial or other proceeding under chapter 47 of title 10 (the Uniform 
Code of Military Justice), issued under section 846 of that title, in 
accordance with regulations prescribed by the President) by a court of 
competent jurisdiction.
    ``(b) Emergencies.--
            ``(1) In general.--Subject to paragraph (2), the 
        prohibition under subsection (a) does not apply in a instance 
        in which an investigative or law enforcement officer reasonably 
        determines that--
                    ``(A) a circumstance described in subparagraph (i), 
                (ii), or (iii) of section 2518(7)(a) exists; and
                    ``(B) there are grounds upon which a warrant could 
                be issued to authorize the installation of the tracking 
                device.
            ``(2) Application deadline.--If a tracking device is 
        installed under the authority under paragraph (1), an 
        application for a warrant shall be made within 48 hours after 
        the installation.
            ``(3) Termination absent warrant.--In the absence of a 
        warrant, use of a tracking device under the authority under 
        paragraph (1) shall immediately terminate when the 
        investigative information sought is obtained or when the 
        application for the warrant is denied, whichever is earlier.
            ``(4) Limitation.--In the event an application for a 
        warrant described in paragraph (2) is denied, or in any other 
        case where the use of a tracking device under the authority 
        under paragraph (1) is terminated without a warrant having been 
        issued, the information obtained shall be treated as having 
        been obtained in violation of this section, and an inventory 
        describing the installation and use of the tracking device 
        shall be served on the person named in the warrant 
        application.'';
                    (E) in subsection (c), as so redesignated--
                            (i) in the subsection heading, by striking 
                        ``In General'' and inserting ``Jurisdiction'';
                            (ii) by striking ``or other order'';
                            (iii) by striking ``mobile'';
                            (iv) by striking ``such order'' and 
                        inserting ``such warrant''; and
                            (v) by adding at the end the following: 
                        ``For purposes of this subsection, the 
                        installation of a tracking device occurs within 
                        the jurisdiction in which the device is 
                        physically located when the installation is 
                        complete.''; and
                    (F) by adding at the end the following:
    ``(d) Definitions.--As used in this section--
            ``(1) the term `computer' has the meaning given that term 
        in section 1030(e);
            ``(2) the terms `court of competent jurisdiction' and 
        `governmental entity' have the meanings given such terms in 
        section 2711;
            ``(3) the term `installation of a tracking device' means, 
        whether performed by an officer or employee of a governmental 
        entity or by a provider at the direction of a governmental 
        entity--
                    ``(A) the physical placement of a tracking device;
                    ``(B) the remote activation of the tracking 
                software or functionality of a tracking device; or
                    ``(C) the acquisition of a radio signal transmitted 
                by a tracking device; and
            ``(4) the term `tracking device' means an electronic or 
        mechanical device which permits the tracking of the movement of 
        a person or object, including a phone, wearable device, 
        connected vehicle, or other computer owned, used, or possessed 
        by the target of surveillance.''.
            (2) Conforming amendments.--
                    (A) The table of sections for chapter 205 of title 
                18, United States Code, is amended by striking the item 
                relating to section 3117 and inserting the following:

``3117. Tracking orders.''.
                    (B) Section 2510(12)(C) of title 18, United States 
                Code, is amended to read as follows:
                    ``(C) a communication from a lawfully installed 
                tracking device (as defined in section 3117 of this 
                title), if--
                            ``(i) the tracking device is physically 
                        placed; or
                            ``(ii) the tracking software or 
                        functionality of the tracking device is 
                        remotely activated and the communication is 
                        transmitted by the tracking software or 
                        functionality as a result of the remote 
                        activation; or''.
    (c) Prospective Surveillance of Web Browsing Records and Location 
Information.--Section 2703 of title 18, United States Code, is amended 
by adding at the end the following:
    ``(i) Prospective Disclosure of Web Browsing Records.--
            ``(1) In general.--A governmental entity may require the 
        prospective disclosure by an online service provider of a web 
        browsing record only pursuant to a warrant issued using the 
        procedures described in subsection (a).
            ``(2) Time restrictions.--A warrant requiring the 
        prospective disclosure by an online service provider of web 
        browsing records may require disclosure of web browsing records 
        for only a period as is necessary to achieve the objective of 
        the disclosure, not to exceed 30 days from issuance of the 
        warrant. Extensions of such a warrant may be granted, but only 
        upon satisfaction of the showings necessary for issuance of the 
        warrant in the first instance.
    ``(j) Prospective Disclosure of Location Records.--A governmental 
entity may require the prospective disclosure by an online service 
provider of location information only pursuant to a warrant issued 
using the procedures described in subsection (a), that satisfies the 
restrictions imposed on warrants for tracking devices imposed by 
section 3117 of this title and rule 41 of the Federal Rules of Criminal 
Procedure.''.

SEC. 502. CONSISTENT PROTECTIONS FOR PHONE AND APP-BASED CALL AND 
              TEXTING RECORDS.

    Section 2703(c)(2)(C) of title 18, United States Code, is amended 
by striking ``local and long distance telephone connection records, 
or''.

SEC. 503. EMAIL PRIVACY ACT.

    (a) Short Title.--This section may be cited as the ``Email Privacy 
Act''.
    (b) Voluntary Disclosure Corrections.--Section 2702 of title 18, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``divulge'' and inserting 
                        ``disclose''; and
                            (ii) by striking ``while in electronic 
                        storage by that service'' and inserting ``that 
                        is in electronic storage with or otherwise 
                        stored, held, or maintained by that service'';
                    (B) in paragraph (2)--
                            (i) by striking ``to the public'';
                            (ii) by striking ``divulge'' and inserting 
                        ``disclose''; and
                            (iii) by striking ``which is carried or 
                        maintained on that service'' and inserting 
                        ``that is stored, held, or maintained by that 
                        service''; and
                    (C) in paragraph (3)--
                            (i) by striking ``divulge'' and inserting 
                        ``disclose''; and
                            (ii) by striking ``a provider of'' and 
                        inserting ``a person or entity providing'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``wire or electronic'' before 
                ``communication'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) to an originator, addressee, or intended recipient of 
        such communication, to the subscriber or customer on whose 
        behalf the provider stores, holds, or maintains such 
        communication, or to an agent of such addressee, intended 
        recipient, subscriber, or customer;''; and
                    (C) by amending paragraph (3) to read as follows:
            ``(3) with the lawful consent of the originator, addressee, 
        or intended recipient of such communication, or of the 
        subscriber or customer on whose behalf the provider stores, 
        holds, or maintains such communication;'';
            (3) in subsection (c) by inserting ``wire or electronic'' 
        before ``communications'';
            (4) in each of subsections (b) and (c), by striking 
        ``divulge'' and inserting ``disclose''; and
            (5) in subsection (c), by amending paragraph (2) to read as 
        follows:
            ``(2) with the lawful consent of the subscriber or 
        customer;''.
    (c) Amendments to Required Disclosure Section.--Section 2703 of 
title 18, United States Code, as amended by this Act, is amended--
            (1) in subsection (a)--
                    (A) by striking ``A governmental entity'' and 
                inserting ``Except as provided in subsections (l) and 
                (m), a governmental entity'';
                    (B) by striking ``pursuant to'' and inserting ``if 
                the governmental entity obtains''; and
                    (C) by striking ``by a court of competent 
                jurisdiction.'' and inserting ``that is issued by a 
                court of competent jurisdiction and that may indicate 
                the date by which the provider must make the disclosure 
                to the governmental entity. In the absence of a date on 
                the warrant indicating the date by which the provider 
                must make disclosure to the governmental entity, the 
                provider shall promptly respond to the warrant.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``A governmental 
                                entity'' and inserting ``Except as 
                                provided in subsections (l) and (m), a 
                                governmental entity''; and
                                    (II) by striking ``only when the 
                                governmental entity--'' and inserting 
                                ``only--''
                            (ii) in subparagraph (A)--
                                    (I) by striking ``obtains a warrant 
                                issued'' and inserting ``if the 
                                governmental entity obtains a 
                                warrant'';
                                    (II) by striking ``by the 
                                President) by a court'' and inserting 
                                the following: ``by the President) 
                                that--
                    ``(i) is issued by a court'';
                                    (III) by inserting ``and'' after 
                                ``jurisdiction;''; and
                                    (IV) by adding at the end the 
                                following:
                    ``(ii) may indicate the date by which the online 
                service provider must make the disclosure to the 
                governmental entity;'';
                            (iii) in subparagraph (B), by inserting 
                        ``if the governmental entity'' before 
                        ``obtains'';
                            (iv) in subparagraph (C), by striking ``has 
                        the consent of the subscriber or customer to 
                        such disclosure;'' and inserting ``with the 
                        lawful consent of the subscriber or customer; 
                        or'';
                            (v) by striking subparagraph (D);
                            (vi) by redesignating subparagraph (E) as 
                        subparagraph (D);
                            (vii) in subparagraph (D), as so 
                        redesignated, by striking ``seeks information'' 
                        and inserting ``as otherwise authorized''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, in response to an 
                        administrative subpoena authorized by Federal 
                        or State statute, a grand jury, trial, or civil 
                        discovery subpoena, or any means available 
                        under paragraph (1),'' after ``shall''; and
                            (ii) in the matter following subparagraph 
                        (F), by striking ``of a subscriber'' and all 
                        that follows and inserting ``of a subscriber or 
                        customer of such online service provider.'';
            (3) in subsection (d)--
                    (A) by striking ``the contents of a wire or 
                electronic communication, or'';
                    (B) by striking ``sought,'' and inserting 
                ``sought''; and
                    (C) by striking ``section'' and inserting 
                ``subsection''; and
            (4) by adding after subsection (j), as added by section 
        501(c) of this Act, the following:
    ``(k) Notice.--Except as provided in section 2705, an online 
service provider may notify a subscriber or customer of a receipt of a 
warrant, court order, subpoena, or request under subsection (a), (c), 
or (d) of this section.
    ``(l) Rule of Construction Related to Legal Process.--Nothing in 
this section or in section 2702 shall limit the authority of a 
governmental entity to use an administrative subpoena authorized by 
Federal or State statute, a grand jury, trial, or civil discovery 
subpoena, or a warrant issued using the procedures described in the 
Federal Rules of Criminal Procedure (or, in the case of a State court, 
issued using State warrant procedures) by a court of competent 
jurisdiction to--
            ``(1) require an originator, addressee, or intended 
        recipient of a wire or electronic communication that is not 
        acting as an online service provider with regard to that wire 
        or electronic communication to disclose a wire or electronic 
        communication (including the contents of that communication) to 
        the governmental entity;
            ``(2) require a person or entity that provides an 
        electronic communication service to the officers, directors, 
        employees, or agents of the person or entity (for the purpose 
        of carrying out their duties) to disclose a wire or electronic 
        communication (including location information, a web browsing 
        record, a search query record, or the contents of that 
        communication) to or from the person or entity itself or to or 
        from an officer, director, employee, or agent of the entity to 
        a governmental entity, if the wire or electronic communication 
        is stored, held, or maintained on an electronic communications 
        system owned, operated, or controlled by the person or entity; 
        or
            ``(3) require an online service provider to disclose a wire 
        or electronic communication (including the contents of that 
        communication) that advertises or promotes a product or service 
        and that has been made readily accessible to the general 
        public.
    ``(m) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of 
inquiry vested in the Congress by article I of the Constitution of the 
United States, including the authority to compel the production of a 
wire or electronic communication (including location information, a web 
browsing record, a search query record, or the contents of a wire or 
electronic communication) that is stored, held, or maintained by an 
online service provider.''.
    (d) Warrant Requirement for Stored Communications Content.--
            (1) In general.--Section 2703 of title 18, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) by striking ``, that is in electronic 
                        storage in an electronic communications system 
                        for one hundred and eighty days or less,''; and
                            (ii) by striking the last sentence;
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) [Repealed].''; and
                    (C) in subsection (d) by striking ``(b) or''.
            (2) Conforming amendments.--Chapter 121 of title 18, United 
        States Code, is amended--
                    (A) in the table of sections, by striking the item 
                relating to section 2704;
                    (B) in section 2701(c)(3), by striking ``, 2704'';
                    (C) by striking section 2704; and
                    (D) in section 2706(a), by striking ``, 2703, or 
                2704'' and inserting ``or 2703''.

SEC. 504. CONSISTENT PROTECTIONS FOR DEMANDS FOR DATA HELD BY 
              INTERACTIVE COMPUTING SERVICES.

    (a) Definition.--Subsection (a) of section 2711 of title 18, United 
States Code, as so designated and amended by section 501 of this Act, 
is amended by adding at the end the following:
            ``(8) the term `online service provider' means a provider 
        of electronic communication service, a provider of remote 
        computing service, or a provider of an interactive computer 
        service (as defined in section 230(f) of the Communications Act 
        of 1934 (47 U.S.C. 230(f))); and''.
    (b) Required Disclosure.--Section 2703 of title 18, United States 
Code, is amended--
            (1) in subsection (a), in the first sentence, by striking 
        ``a provider of electronic communication service'' and 
        inserting ``an online service provider'';
            (2) in subsection (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``a provider of 
                electronic communication service or remote computing 
                service'' and inserting ``an online service provider''; 
                and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``A provider of 
                electronic communication service or remote computing 
                service'' and inserting ``An online service provider''; 
                and
            (3) in subsection (g), by striking ``a provider of 
        electronic communications service or remote computing service'' 
        and inserting ``an online service provider''.

SEC. 505. CONSISTENT PROTECTIONS FOR REAL-TIME AND HISTORICAL METADATA.

    Chapter 206 of title 18, United States Code, is amended--
            (1) in section 3122(b)(2), by striking ``that the 
        information likely to be obtained is relevant'' and inserting 
        ``providing specific and articulable facts showing there are 
        reasonable grounds to believe that the information likely to be 
        obtained is relevant and material''; and
            (2) in section 3123(a)--
                    (A) in paragraph (1), in the first sentence--
                            (i) by striking ``the court shall enter'' 
                        and inserting ``the court may enter''; and
                            (ii) by striking ``certified to the court 
                        that the information likely to be obtained by 
                        such installation and use is relevant'' and 
                        inserting ``submitted a certification providing 
                        specific and articulable facts showing there 
                        are reasonable grounds to believe that the 
                        information likely to be obtained by such 
                        installation and use is relevant and 
                        material''; and
                    (B) in paragraph (2)--
                            (i) by striking ``the court shall enter'' 
                        and inserting ``the court may enter''; and
                            (ii) by striking ``certified to the court 
                        that the information likely to be obtained by 
                        such installation and use is relevant'' and 
                        inserting ``submitted a certification providing 
                        specific and articulable facts showing there 
                        are reasonable grounds to believe that the 
                        information likely to be obtained by such 
                        installation and use is relevant and 
                        material''.

SEC. 506. SUBPOENAS FOR CERTAIN SUBSCRIBER INFORMATION.

    Section 2703(c)(2) of title 18, United States Code, is amended, in 
the matter following subparagraph (F), as amended by section 503(c) of 
this Act, by inserting ``with respect to whom the governmental entity 
identifies the name, address, temporarily assigned network address, or 
account identifier (such as a user name)'' before the period at the 
end.

SEC. 507. MINIMIZATION STANDARDS FOR VOLUNTARY DISCLOSURE OF CUSTOMER 
              COMMUNICATIONS OR RECORDS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall issue and make 
publicly available minimization procedures applicable to disclosures to 
a Federal agency under paragraph (5) or (8) of subsection (b) or 
paragraph (3) or (4) of subsection (c) of section 2702 of title 18, 
United States Code.
    (b) Contents.--The procedures issued under subsection (a) shall 
include provisions to--
            (1) limit, to the greatest extent possible, the 
        acquisition, use, and dissemination of the contents of 
        communication and records and other information to that which 
        is required for the specific purpose for which the disclosure 
        was intended;
            (2) to the greatest extent possible, remove personally 
        identifiable information prior to acquisition;
            (3) to the extent personally identifiable information 
        cannot be removed prior to acquisition, mask such information 
        prior to its use or dissemination, consistent with the purpose 
        for which the disclosure was intended; and
            (4) ensure that no contents of communications or records or 
        other information are retained by the agency to which the 
        disclosure was made, or any agency to which the contents of 
        communications or records or other information were disclosed, 
        after the completion of the investigation or action for which 
        the disclosure was intended.

SEC. 508. PROHIBITION ON LAW ENFORCEMENT PURCHASE OF PERSONAL DATA FROM 
              DATA BROKERS.

    Section 2702 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Prohibition on Obtaining in Exchange for Anything of Value 
Personal Data by Law Enforcement Agencies.--
            ``(1) Definitions.--In this subsection and subsection (f)--
                    ``(A) the term `covered governmental entity' means 
                a law enforcement agency of a governmental entity;
                    ``(B) the term `covered organization' means a 
                person who--
                            ``(i) is not a governmental entity; and
                            ``(ii) is not an individual;
                    ``(C) the term `covered person' means an individual 
                who--
                            ``(i) is reasonably believed to be located 
                        inside the United States at the time of the 
                        creation of the covered personal data; or
                            ``(ii) is a United States person, as 
                        defined in section 101 of the Foreign 
                        Intelligence Surveillance Act of 1978 (50 
                        U.S.C. 1801);
                    ``(D) the term `covered personal data' means 
                personal data relating to a covered person;
                    ``(E) the term `electronic device' has the meaning 
                given the term `computer' in section 1030(e);
                    ``(F) the term `lawfully obtained public data' 
                means personal data obtained by a particular covered 
                organization that the covered organization--
                            ``(i) reasonably understood to have been 
                        voluntarily made available to the general 
                        public by the covered person; and
                            ``(ii) obtained in compliance with all 
                        applicable laws, regulations, contracts, 
                        privacy policies, and terms of service;
                    ``(G) the term `obtain in exchange for anything of 
                value' means to obtain by purchasing, to receive in 
                connection with services being provided for monetary or 
                nonmonetary consideration, or to otherwise obtain in 
                exchange for consideration, including an access fee, 
                service fee, maintenance fee, or licensing fee; and
                    ``(H) the term `personal data'--
                            ``(i) means data, derived data, or any 
                        unique identifier that is linked to, or is 
                        reasonably linkable to, an individual or to an 
                        electronic device that is linked to, or is 
                        reasonably linkable to, 1 or more individuals 
                        in a household;
                            ``(ii) includes anonymized data that, if 
                        combined with other data, can be linked to, or 
                        is reasonably linkable to, an individual or to 
                        an electronic device that identifies, is linked 
                        to, or is reasonably linkable to 1 or more 
                        individuals in a household; and
                            ``(iii) does not include data that is 
                        lawfully available through Federal, State, or 
                        local government records or through widely 
                        distributed media.
            ``(2) Limitation.--
                    ``(A) In general.--
                            ``(i) Prohibition.--Subject to clauses (ii) 
                        through (vii), a covered governmental entity 
                        may not obtain in exchange for anything of 
                        value covered personal data if--
                                    ``(I) the covered personal data is 
                                directly or indirectly obtained from a 
                                covered organization; or
                                    ``(II) the covered personal data is 
                                derived from covered personal data that 
                                was directly or indirectly obtained 
                                from a covered organization.
                            ``(ii) Exception for certain compilations 
                        of data.--A covered governmental entity may 
                        obtain in exchange for something of value 
                        covered personal data as part of a larger 
                        compilation of data which includes personal 
                        data about persons who are not covered persons, 
                        if--
                                    ``(I) the covered governmental 
                                entity is unable through reasonable 
                                means to exclude covered personal data 
                                from the larger compilation obtained; 
                                and
                                    ``(II) the covered governmental 
                                entity minimizes any covered personal 
                                data from the larger compilation, in 
                                accordance with subsection (f).
                            ``(iii) Exception for whistleblower 
                        disclosures to law enforcement.--Clause (i) 
                        shall not apply to covered personal data that 
                        is obtained by a covered governmental entity 
                        under a program established by an Act of 
                        Congress under which a portion of a penalty or 
                        a similar payment or bounty is paid to an 
                        individual who discloses information about an 
                        unlawful activity to the Government, such as 
                        the program authorized under section 7623 of 
                        the Internal Revenue Code of 1986 (relating to 
                        awards to whistleblowers in cases of 
                        underpayments or fraud).
                            ``(iv) Exception for cost reimbursement 
                        under compulsory legal process.--Clause (i) 
                        shall not apply to covered personal data that 
                        is obtained by a covered governmental entity 
                        from a covered organization in accordance with 
                        compulsory legal process that--
                                    ``(I) is established by a Federal 
                                or State statute; and
                                    ``(II) provides for the 
                                reimbursement of costs of the covered 
                                organization that are incurred in 
                                connection with providing the record or 
                                information to the covered governmental 
                                entity, such as the reimbursement of 
                                costs under section 2706.
                            ``(v) Exception for employment-related 
                        use.--Clause (i) shall not apply to covered 
                        personal data about an employee of, or 
                        applicant for employment by, a covered 
                        governmental entity that is--
                                    ``(I) obtained by the covered 
                                governmental entity for employment-
                                related purposes;
                                    ``(II) accessed and used by the 
                                covered governmental entity only for 
                                employment-related purposes; and
                                    ``(III) destroyed at such time as 
                                the covered personal data is no longer 
                                needed for employment-related purposes.
                            ``(vi) Exception for use in background 
                        checks.--Clause (i) shall not apply to covered 
                        personal data about a covered person that is--
                                    ``(I) obtained by a covered 
                                governmental entity for purposes of 
                                conducting a background check of the 
                                covered person with the written consent 
                                of the covered person;
                                    ``(II) accessed and used by the 
                                covered governmental entity only for 
                                background check-related purposes; and
                                    ``(III) destroyed at such time as 
                                the covered personal data is no longer 
                                needed for background check-related 
                                purposes.
                            ``(vii) Exception for lawfully obtained 
                        public data.--Clause (i) shall not apply to 
                        covered personal data that is obtained by a 
                        covered governmental entity if--
                                    ``(I) the covered personal data is 
                                lawfully obtained public data; or
                                    ``(II) the covered personal data is 
                                derived from covered personal data that 
                                solely consists of lawfully obtained 
                                public data.
                    ``(B) Indirectly acquired records and 
                information.--The limitation under subparagraph (A) 
                shall apply without regard to whether the covered 
                organization possessing the covered personal data is 
                the covered organization that initially obtained or 
                collected, or is the covered organization that 
                initially received the disclosure of, the covered 
                personal data.
            ``(3) Limit on sharing between agencies.--An agency of a 
        governmental entity that is not a covered governmental entity 
        may not provide to a covered governmental entity covered 
        personal data that was obtained in a manner that would violate 
        paragraph (2) if the agency of a governmental entity were a 
        covered governmental entity.
            ``(4) Prohibition on use as evidence by covered 
        governmental entities.--
                    ``(A) In general.--Covered personal data obtained 
                by or provided to a covered governmental entity in 
                violation of paragraph (2) or (3), and any evidence 
                derived therefrom, may not be used, received in 
                evidence, or otherwise disseminated by, on behalf of, 
                or upon a motion or other action by a covered 
                governmental entity in any investigation, trial, 
                hearing, or other proceeding by, in, or before any 
                court, grand jury, department, officer, agency, 
                regulatory body, legislative committee, or other 
                authority of the United States, a State, or a political 
                subdivision thereof.
                    ``(B) Use by aggrieved parties.--Nothing in 
                subparagraph (A) shall be construed to limit the use of 
                covered personal data by a covered person aggrieved of 
                a violation of paragraph (2) or (3) in connection with 
                any action relating to such a violation.
    ``(f) Minimization Procedures.--
            ``(1) In general.--The Attorney General shall adopt 
        specific procedures that are reasonably designed to minimize 
        the acquisition and retention, and to restrict the querying, of 
        covered personal data, and prohibit the dissemination of 
        information derived from covered personal data.
            ``(2) Acquisition and retention.--The procedures adopted 
        under paragraph (1) shall require covered governmental entities 
        to exhaust all reasonable means--
                    ``(A) to exclude covered personal data that is not 
                subject to 1 or more of the exceptions set forth in 
                clauses (iii) through (vii) of subsection (e)(2)(A) 
                from the data obtained; and
                    ``(B) to remove and delete covered personal data 
                described in subparagraph (A) after a compilation is 
                obtained and before operational use of the compilation 
                or inclusion of the compilation in a dataset intended 
                for operational use.
            ``(3) Destruction.--The procedures adopted under paragraph 
        (1) shall require that, if a covered governmental entity 
        identifies covered personal data in a compilation described in 
        paragraph (2)(B), the covered governmental entity shall 
        promptly destroy the covered personal data and any 
        dissemination of information derived from the covered personal 
        data shall be prohibited.
            ``(4) Querying.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no officer or employee of a 
                covered governmental entity may conduct a query of 
                personal data, including personal data already 
                subjected to minimization, in an effort to find records 
                of or about a particular covered person.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                to a query related to a particular covered person if--
                            ``(i) such covered person is the subject of 
                        a court order issued under this title that 
                        would authorize the covered governmental entity 
                        to compel the production of the covered 
                        personal data, during the effective period of 
                        that order;
                            ``(ii) the officer or employee of a covered 
                        governmental entity carrying out the query has 
                        a reasonable belief that the life or safety of 
                        such covered person is threatened and the 
                        information is sought for the purpose of 
                        assisting that person, in which case 
                        information resulting from the query may be 
                        accessed or used solely for that purpose and 
                        shall be destroyed at such time as it is no 
                        longer necessary for such purpose; or
                            ``(iii) such covered person has consented 
                        to the query.
                    ``(C) Special rule for compilations of data.--For a 
                query of a compilation of data obtained under 
                subsection (e)(2)(A)(ii)--
                            ``(i) each query shall be reasonably 
                        designed to exclude personal data of covered 
                        persons; and
                            ``(ii) any personal data of covered persons 
                        returned pursuant to a query shall not be 
                        reviewed and shall immediately be destroyed.''.

SEC. 509. CONSISTENT PRIVACY PROTECTIONS FOR DATA HELD BY DATA BROKERS.

    Section 2703 of title 18, United States Code, as amended by section 
503 of this Act, is amended by adding at the end the following:
    ``(n) Covered Personal Data.--
            ``(1) Definitions.--In this subsection, the terms `covered 
        personal data' and `covered organization' have the meanings 
        given such terms in section 2702(e).
            ``(2) Limitation.--Unless a governmental entity obtains an 
        order in accordance with paragraph (3), the governmental entity 
        may not require a covered organization that is not an online 
        service provider to disclose covered personal data if a court 
        order would be required for the governmental entity to require 
        an online service provider to disclose such covered personal 
        data that is a record of a customer or subscriber of the online 
        service provider.
            ``(3) Orders.--
                    ``(A) In general.--A court may only issue an order 
                requiring a covered organization that is not an online 
                service provider to disclose covered personal data on 
                the same basis and subject to the same limitations as 
                would apply to a court order to require disclosure by 
                an online service provider.
                    ``(B) Standard.--For purposes of subparagraph (A), 
                a court shall apply the most stringent standard under 
                Federal statute or the Constitution of the United 
                States that would be applicable to a request for a 
                court order to require a comparable disclosure by an 
                online service provider of a customer or subscriber of 
                the online service provider.''.

SEC. 510. PROTECTION OF DATA ENTRUSTED TO INTERMEDIARY OR ANCILLARY 
              SERVICE PROVIDERS.

    (a) Definition.--Subsection (a) of section 2711 of title 18, United 
States Code, as so designated and amended by sections 501 and 504 of 
this Act, is amended by adding at the end the following:
            ``(9) the term `intermediary or ancillary service provider' 
        means an entity or facilities owner or operator that directly 
        or indirectly delivers, transmits, stores, or processes 
        communications or any other covered personal data (as defined 
        in section 2702(e) of this title) for, or on behalf of, an 
        online service provider.''.
    (b) Prohibition.--Section 2702(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2)(B), by striking ``and'' at the end;
            (3) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(4) an intermediary or ancillary service provider may not 
        knowingly disclose--
                    ``(A) to any person or entity the contents of a 
                communication while in electronic storage by that 
                intermediary or ancillary service provider; or
                    ``(B) to any governmental entity a record or other 
                information pertaining to a subscriber to or customer 
                of, a recipient of a communication from a subscriber to 
                or customer of, or the sender of a communication to a 
                subscriber to or customer of, the online service 
                provider for, or on behalf of, which the intermediary 
                or ancillary service provider directly or indirectly 
                delivers, transmits, stores, or processes 
                communications or any other covered personal data (as 
                defined in subsection (e)).''.

SEC. 511. MODERNIZING CRIMINAL SURVEILLANCE REPORTS.

    (a) Reports Concerning Access to Customer Communications or 
Records.--
            (1) In general.--Section 2703 of title 18, United States 
        Code, as amended by section 509 of this Act, is amended by 
        adding at the end the following:
    ``(o) Reports Concerning Access to Customer Communications or 
Records.--
            ``(1) In general.--In January of each year, any judge who 
        has issued an order under this section or a warrant to obtain 
        records described in this section, or who has denied approval 
        of an application under this section during the preceding year, 
        shall report to the Administrative Office of the United States 
        Courts--
                    ``(A) the fact that the order or warrant was 
                applied for;
                    ``(B) the type of records sought in the order or 
                warrant;
                    ``(C) whether the order or warrant was--
                            ``(i) granted as applied for;
                            ``(ii) granted as modified; or
                            ``(iii) denied;
                    ``(D) the subsection of this section under which 
                the application for the order or warrant was filed;
                    ``(E) the nature of the offense or criminal 
                investigation that was the basis for the application 
                for the order or warrant;
                    ``(F) the name of each provider of electronic 
                communication service or remote computing service 
                served with the order or warrant, if so granted; and
                    ``(G) the investigative or law enforcement agency 
                that submitted the application.
            ``(2) Public report.--In June of each year, the Director of 
        the Administrative Office of the United States Courts shall 
        publish on the website of the Administrative Office of the 
        United States Courts and include in the report required under 
        section 2519(3)--
                    ``(A) a full and complete report concerning the 
                number of applications for orders or warrants requiring 
                the disclosure of, during the preceding calendar year--
                            ``(i) the contents of wire or electronic 
                        communications in electronic storage under 
                        subsection (a); and
                            ``(ii) records concerning electronic 
                        communication service or remote computer 
                        service under subsection (c);
                    ``(B) the number of orders and warrants granted or 
                denied under this section during the preceding calendar 
                year; and
                    ``(C) a detailed summary and analysis of each 
                category of data required to be filed with the 
                Administrative Office of the United States Courts under 
                paragraph (1).
            ``(3) Format.--Not later than 180 days after the date of 
        enactment of the Government Surveillance Reform Act of 2023, 
        the Director of the Administrative Office of the United States 
        Courts shall, in consultation with the National Institute of 
        Standards and Technology, the Administrator of General 
        Services, the Electronic Public Access Public User Group, 
        private entities offering electronic case management software, 
        the National Center for State Courts, and the National American 
        Indian Court Judges Association, publish a machine readable 
        form that shall be used for any report required under paragraph 
        (1).
            ``(4) Regulations.--The Director of the Administrative 
        Office of the United States Courts may issue binding 
        regulations with respect to the content and form of the reports 
        required under paragraph (1).''.
            (2) Technical and conforming amendment.--Section 2519(3) of 
        title 18, United States Code, is amended, in the first 
        sentence, by inserting ``publish on the website of the 
        Administrative Office of the United States Courts and'' before 
        ``transmit''.
    (b) Reports Concerning Pen Registers and Trap and Trace Devices.--
Section 3126 of title 18, United States Code, is amended to read as 
follows:
``Sec. 3126. Reports concerning pen registers and trap and trace 
              devices
    ``(a) In General.--In January of each year, any judge who has 
issued an order (or an extension thereof) under section 3123 that 
expired during the preceding year, or who has denied approval of an 
installation and use of a pen register or trap and trace device during 
that year, shall report to the Administrative Office of the United 
States Courts--
            ``(1) the fact that an order or extension was applied for;
            ``(2) the kind of order or extension applied for;
            ``(3) the fact that the order or extension was granted as 
        applied for, was modified, or was denied;
            ``(4) the period of installation and use of a pen register 
        or trap and trace device authorized by the order, and the 
        number and duration of any extensions of the order;
            ``(5) the offense specified in the order or application, or 
        extension of an order;
            ``(6) the precise nature of the facilities affected and the 
        precise nature of the information sought; and
            ``(7) the investigative or law enforcement agency that 
        submitted the application.
    ``(b) Public Report.--In June of each year, the Director of the 
Administrative Office of the United States Courts shall publish on the 
website of the Administrative Office of the United States Courts and 
include in the report required under section 2519(3)--
            ``(1) a full and complete report concerning--
                    ``(A) the number of applications for orders 
                authorizing or approving the installation and use of a 
                pen register or trap and trace device pursuant to this 
                chapter; and
                    ``(B) the number of orders and extensions granted 
                or denied pursuant to this chapter during the preceding 
                calendar year; and
            ``(2) a detailed summary and analysis of each category of 
        data required to be reported under subsection (a).
    ``(c) Format.--Not later than 180 days after the date of enactment 
of the Government Surveillance Reform Act of 2023, the Director of the 
Administrative Office of the United States Courts shall, in 
consultation with the National Institute of Standards and Technology 
and the Administrator of General Services, private entities offering 
electronic case management software, the National Center for State 
Courts, and the National American Indian Court Judges Association, 
publish a machine readable form that shall be used for any report 
required under subsection (a).
    ``(d) Regulations.--The Director of the Administrative Office of 
the United States Courts may issue binding regulations with respect to 
the content and form of the reports required under subsection (a).''.
    (c) Reporting of Voluntary Disclosures.--Section 2702(d) of title 
18, United States Code, is amended--
            (1) in the heading, by striking ``Emergency'' and inserting 
        ``Voluntary'';
            (2) in the matter preceding paragraph (1), by inserting 
        ``and publish on the website of the Department of Justice'' 
        after ``Senate''; and
            (3) in paragraph (1)--
                    (A) by striking ``the Department of Justice'' and 
                inserting ``each Federal agency''; and
                    (B) by striking ``subsection (b)(8)'' and inserting 
                ``paragraph (5) or (8) of subsection (b) or paragraph 
                (3) or (4) of subsection (c), broken down by each such 
                paragraph'';
            (4) in paragraph (2)(A)--
                    (A) by striking ``Department of Justice'' and 
                inserting ``Federal agency''; and
                    (B) by striking ``subsection (b)(8)'' and inserting 
                ``paragraph (5) or (8) of subsection (b) or paragraph 
                (3) or (4) of subsection (c)''; and
            (5) by striking paragraph (3).

    TITLE VI--REGULATION OF GOVERNMENT SURVEILLANCE USING CELL SITE 
      SIMULATORS, GENERAL PROHIBITION ON PRIVATE, NON-RESEARCH USE

SEC. 601. CELL SITE SIMULATORS.

    (a) Prohibition.--Chapter 205 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3119. Cell-site simulators
    ``(a) General Prohibition of Use.--
            ``(1) In general.--Except as provided in subsection (d), it 
        shall be unlawful--
                    ``(A) for any individual or entity to knowingly use 
                a cell-site simulator in the United States; or
                    ``(B) for an element of the intelligence community 
                to use a cell-site simulator outside the United States 
                if the subject of the surveillance is a United States 
                person.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to authorize a law enforcement agency of a 
        governmental entity to use a cell-site simulator outside the 
        United States.
    ``(b) Penalty.--Any individual or entity that violates subsection 
(a)(1) shall be fined not more than $250,000.
    ``(c) Prohibition of Use as Evidence.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        information acquired through the use of a cell-site simulator 
        in violation of subsection (a)(1), and no evidence derived 
        therefrom, may be used, received in evidence, or otherwise 
        disseminated in any investigation, trial, hearing, or other 
        proceeding by, 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.
            ``(2) Exception for enforcement.--Information acquired 
        through the use of a cell-site simulator in violation of 
        subsection (a)(1) by a person, and evidence derived therefrom, 
        may be used, received in evidence, or otherwise disseminated in 
        any investigation trial, hearing, or other proceeding described 
        in paragraph (1) of this subsection relating to the alleged 
        violation of subsection (a)(1) in connection with such use.
    ``(d) Exceptions.--
            ``(1) In general.--
                    ``(A) Warrant.--
                            ``(i) In general.--Subsection (a)(1) shall 
                        not apply to the use of a cell-site simulator 
                        by a law enforcement agency of a governmental 
                        entity under a warrant issued--
                                    ``(I) in accordance with this 
                                subparagraph; and
                                    ``(II) using the procedures 
                                described in, and in accordance with 
                                the requirements for executing and 
                                returning a warrant under, the Federal 
                                Rules of Criminal Procedure (or, in the 
                                case of a State court, issued using 
                                State warrant and execution and return 
                                procedures and, in the case of a court-
                                martial or other proceeding under 
                                chapter 47 of title 10 (the Uniform 
                                Code of Military Justice), issued under 
                                section 846 of that title and in 
                                accordance with the requirements for 
                                executing and returning such a warrant, 
                                in accordance with regulations 
                                prescribed by the President) by a court 
                                of competent jurisdiction.
                            ``(ii) Requirements.--A court may issue a 
                        warrant described in clause (i) (except, with 
                        respect to a State court, to the extent use of 
                        a cell-site simulator by a law enforcement 
                        agency of a governmental entity is prohibited 
                        by the law of the State) only if the law 
                        enforcement agency--
                                    ``(I) demonstrates that other 
                                investigative procedures, including 
                                electronic location tracking methods 
                                that solely collect records of the 
                                investigative target--
                                            ``(aa) have been tried and 
                                        have failed; or
                                            ``(bb) reasonably appear to 
                                        be--

                                                    ``(AA) unlikely to 
                                                succeed if tried; or

                                                    ``(BB) too 
                                                dangerous;

                                    ``(II) specifies the likely area of 
                                effect of the cell-site simulator to be 
                                used and the time that the cell-site 
                                simulator will be in operation;
                                    ``(III) certifies that the 
                                requested area of effect and time of 
                                operation are the narrowest reasonably 
                                possible to obtain the necessary 
                                information; and
                                    ``(IV) demonstrates that the 
                                requested use of a cell-site simulator 
                                would be in compliance with applicable 
                                provisions of the Communications Act of 
                                1934 (47 U.S.C. 151 et seq.) and the 
                                rules of the Federal Communications 
                                Commission.
                            ``(iii) Considerations.--In considering an 
                        application for a warrant described in clause 
                        (i), the court shall--
                                    ``(I) consider--
                                            ``(aa) the number of 
                                        individuals impacted;
                                            ``(bb) the nature of any 
                                        communications to be obtained; 
                                        and
                                            ``(cc) the type of 
                                        activities in which users of an 
                                        electronic device are engaged;
                                    ``(II) direct the law enforcement 
                                agency of the governmental entity to 
                                take steps to ensure heightened 
                                protections for constitutionally 
                                protected activities and to minimize 
                                the collection of information relating 
                                to individuals who are not the subject 
                                of the warrant;
                                    ``(III) weigh the need of the 
                                government to enforce the law and 
                                apprehend criminals against the 
                                likelihood and impact of any potential 
                                negative side effects, including those 
                                disclosed by the government under 
                                subparagraph (C); and
                                    ``(IV) not grant a request for a 
                                warrant that would put public safety at 
                                risk or unreasonably inconvenience the 
                                community.
                            ``(iv) Period of initial authorization.--No 
                        warrant described in clause (i) may authorize 
                        the use of a cell site simulator for any period 
                        longer than is necessary to achieve the 
                        objective of the authorization, nor in any 
                        event for longer than 30 days.
                            ``(v) Extensions.--
                                    ``(I) In general.--A court may 
                                grant extensions of a warrant described 
                                in clause (i), but only upon 
                                application for an extension made in 
                                accordance with clause (i) and the 
                                court considering the factors described 
                                in clause (iii) and determining the 
                                requirements under clause (ii) are met.
                                    ``(II) Period of extension.--The 
                                period of an extension of a warrant 
                                shall be no longer than the authorizing 
                                judge determines necessary to achieve 
                                the purposes for which the extension 
                                was granted, nor in any event for 
                                longer than 30 days.
                            ``(vi) Termination provision.--Each warrant 
                        described in clause (i), and each extension 
                        thereof, shall contain a provision that the 
                        authorization to use the cell site simulator 
                        shall be executed as soon as practicable and 
                        shall terminate upon attainment of the 
                        authorized objective, or in any event in 30 
                        days.
                            ``(vii) Start of 30-day periods.--The 30-
                        day periods described in clauses (iv), (v)(II), 
                        and (vi) shall begin on the earlier of--
                                    ``(I) the date on which a law 
                                enforcement agency first begins to use 
                                the cell site simulator as authorized 
                                by the warrant, or extension thereof; 
                                or
                                    ``(II) the date that is 10 days 
                                after the warrant, or extension 
                                thereof, is issued.
                    ``(B) Emergency.--
                            ``(i) In general.--Subject to clause (ii), 
                        subsection (a)(1) shall not apply to the use of 
                        a cell-site simulator by a law enforcement 
                        agency of a governmental entity, or use of a 
                        cell-site simulator as part of assistance 
                        provided by a component of the Department of 
                        Defense or an Armed Force to such a law 
                        enforcement agency, if--
                                    ``(I) the governmental entity 
                                reasonably determines an emergency 
                                exists that--
                                            ``(aa) involves--

                                                    ``(AA) immediate 
                                                danger of death or 
                                                serious physical injury 
                                                to any person;

                                                    ``(BB) 
                                                conspiratorial 
                                                activities 
                                                characteristic of 
                                                organized crime; or

                                                    ``(CC) an immediate 
                                                threat to a national 
                                                security interest; and

                                            ``(bb) requires use of a 
                                        cell-site simulator before a 
                                        warrant described in 
                                        subparagraph (A) can, with due 
                                        diligence, be obtained; and
                                    ``(II) except in an instance in 
                                which the governmental entity is trying 
                                to locate a lost or missing person, 
                                locate someone believed to have been 
                                abducted or kidnaped, or find victims, 
                                dead or alive, in an area where a 
                                natural disaster, terrorist attack, or 
                                other mass casualty event has taken 
                                place--
                                            ``(aa) there are grounds 
                                        upon which a warrant described 
                                        in subparagraph (A) could be 
                                        entered to authorize such use; 
                                        and
                                            ``(bb) the governmental 
                                        entity applies for a warrant 
                                        described in subparagraph (A) 
                                        approving such use not later 
                                        than 48 hours after such use 
                                        begins, and takes such steps to 
                                        expedite the consideration of 
                                        such application as may be 
                                        possible.
                            ``(ii) Termination of emergency use.--
                                    ``(I) In general.--A law 
                                enforcement agency of a governmental 
                                entity shall immediately terminate use 
                                of a cell-site simulator under clause 
                                (i) of this subparagraph at the earlier 
                                of the time the information sought is 
                                obtained or the time the application 
                                for a warrant described in subparagraph 
                                (A) is denied.
                                    ``(II) Warrant denied.--If an 
                                application for a warrant described in 
                                clause (i)(II)(bb) is denied--
                                            ``(aa) any information or 
                                        evidence derived from use of 
                                        the cell-site simulator shall 
                                        be subject to subsection (c);
                                            ``(bb) the attorney for the 
                                        governmental entity submitting 
                                        the application shall--

                                                    ``(AA) retain, 
                                                until the date that is 
                                                1 year after the date 
                                                of the denial, a single 
                                                copy of any information 
                                                or evidence derived 
                                                from use of the cell-
                                                site simulator for 
                                                potential use by a 
                                                person about whose 
                                                electronic device the 
                                                government obtained 
                                                information with the 
                                                cell site simulator, 
                                                which may not be used 
                                                for any other purpose; 
                                                and

                                                    ``(BB) promptly 
                                                destroy any other 
                                                copies of such 
                                                information or 
                                                evidence; and

                                            ``(cc) the applicable law 
                                        enforcement agency shall serve 
                                        notice in accordance with 
                                        subparagraph (D).
                    ``(C) Disclosures required in application.--In any 
                application for a warrant authorizing the use of a 
                cell-site simulator under subparagraph (A) or (B), the 
                governmental entity shall include the following:
                            ``(i) A disclosure of any potential 
                        disruption of the ability of the subject of the 
                        surveillance or bystanders to use commercial 
                        mobile radio services or private mobile 
                        services, including using advanced 
                        communications services, to make or receive, as 
                        applicable--
                                    ``(I) emergency calls (including 9-
                                1-1 calls);
                                    ``(II) calls to the universal 
                                telephone number within the United 
                                States for the purpose of the national 
                                suicide prevention and mental health 
                                crisis hotline system under designated 
                                under paragraph (4) of section 251(e) 
                                of the Communications Act of 1934 (47 
                                U.S.C. 251(e));
                                    ``(III) calls to the nationwide 
                                toll-free number for the poison control 
                                centers established under section 1271 
                                of the Public Health Service Act (42 
                                U.S.C. 300d-71);
                                    ``(IV) calls using 
                                telecommunications relay services; or
                                    ``(V) any other communications or 
                                transmissions.
                            ``(ii) A certification that the specific 
                        model of the cell-site simulator to be used has 
                        been inspected by a third party that is an 
                        accredited testing laboratory recognized by the 
                        Federal Communications Commission to verify the 
                        accuracy of the disclosure under clause (i).
                            ``(iii) A disclosure of the methods and 
                        precautions that will be used to minimize 
                        disruption, including--
                                    ``(I) any limit on the length of 
                                time the cell-site simulator can be in 
                                continuous operation; and
                                    ``(II) any user-defined limit on 
                                the transmission range of the cell-site 
                                simulator.
                            ``(iv) A disclosure as to whether the cell-
                        site simulator will be used in an area or at a 
                        gathering where constitutionally protected 
                        activity, including speech or religious 
                        observance, will occur.
                            ``(v) A disclosure as to whether sensitive 
                        matters, such as attorney-client 
                        communications, political campaign or political 
                        party deliberations, medical information, or 
                        communications among elected political 
                        representatives of a State or the Federal 
                        Government, will be implicated.
                            ``(vi) A disclosure as to the estimated 
                        number of individuals whose communications, 
                        electronic device, or location information will 
                        be implicated.
                    ``(D) Notice.--
                            ``(i) In general.--Notice regarding the use 
                        of a cell-site simulator shall include an 
                        inventory, containing--
                                    ``(I) the fact of the entry of the 
                                warrant or the application;
                                    ``(II) the date of the entry and 
                                the period of authorized, approved or 
                                disapproved use of a cell-site 
                                simulator, or the denial of the 
                                application;
                                    ``(III) whether, during the 
                                period--
                                            ``(aa) information about 
                                        their electronic device was, or 
                                        was not, obtained by the 
                                        government;
                                            ``(bb) their location was, 
                                        or was not, tracked; and
                                            ``(cc) their communications 
                                        were, or were not, intercepted; 
                                        and
                                    ``(IV) confirmation that all 
                                information unrelated to the individual 
                                towards whom the warrant was directed 
                                has been destroyed.
                            ``(ii) Provision of notice to other 
                        parties.--The court issuing a warrant 
                        authorizing the use of a cell-site simulator 
                        may also require that notice be provided to 
                        other persons not named in the application, 
                        whose electronic devices the governmental 
                        entity obtained information with the cell site 
                        simulator.
            ``(2) Foreign intelligence surveillance.--Use of a cell-
        site simulator by an element of the intelligence community 
        shall not be subject to subsection (a)(1) if it is conducted in 
        a manner that is in accordance with title I of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
        (including testing or training authorized under paragraph (1) 
        or (3) of section 105(g) of such Act (50 U.S.C. 1805(g)) 
        (including such testing or training conducted in conjunction 
        with a component of the Department of Defense or an Armed 
        Force), if any information obtained during such testing or 
        training (including metadata) is destroyed after its use for 
        such testing or training).
            ``(3) Research.--Subsection (a)(1) shall not apply to the 
        use of a cell-site simulator in order to engage, in good-faith, 
        in research or teaching by a person that is not--
                    ``(A) a law enforcement agency of a governmental 
                entity;
                    ``(B) an element of the intelligence community; or
                    ``(C) acting as an agent thereof.
            ``(4) Protective services.--
                    ``(A) In general.--Subsection (a)(1) shall not 
                apply to the use of a cell-site simulator in the 
                performance of protective duties pursuant to section 
                3056 of this title or as otherwise authorized by law.
                    ``(B) Prohibition on use as evidence.--No 
                information acquired through the use of a cell-site 
                simulator under the authority under subparagraph (A), 
                and no evidence derived therefrom, may be used, 
                received in evidence, or otherwise disseminated in any 
                investigation, trial, hearing, or other proceeding by, 
                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.
                    ``(C) No bar to other authorized use.--Nothing in 
                subparagraph (A) or (B) shall be construed to prohibit 
                the United States Secret Service from using a cell-site 
                simulator in accordance with a provision of this 
                section other than subparagraph (A).
            ``(5) Contraband interdiction by correctional facilities.--
        Subsection (a)(1) shall not apply to the use of a contraband 
        interdiction system if the correctional facility or the entity 
        operating the contraband interdiction system for the benefit of 
        the correctional facility--
                    ``(A) has--
                            ``(i) taken reasonable steps to restrict 
                        transmissions by the contraband interdiction 
                        system to cellular devices physically located 
                        within the property of the correctional 
                        facility;
                            ``(ii) posted signs around the correctional 
                        facility informing visitors and staff that the 
                        correctional facility employs such a contraband 
                        interdiction system; and
                            ``(iii) complied with any relevant 
                        regulations promulgated by the Federal 
                        Communications Commission and, as applicable, 
                        policies issued by the National 
                        Telecommunications and Information 
                        Administration;
                    ``(B) annually tests and evaluates compliance with 
                subparagraph (A) in accordance with best practices, 
                which shall be issued by the Federal Communications 
                Commission; and
                    ``(C) not later than 10 business days after 
                identifying an issue relating to the use of the 
                contraband interdiction system, whether in the course 
                of normal business operations or conducting testing and 
                evaluation, submits to the Federal Communications 
                Commission a report describing the issues identified 
                and the steps taken to address the issues.
            ``(6) Testing and training by law enforcement.--Subsection 
        (a)(1) shall not apply to the use of a cell-site simulator by a 
        law enforcement agency of a governmental entity in the normal 
        course of official duties that is not targeted against the 
        communications of any particular person or persons, under 
        procedures approved by the Attorney General, solely to--
                    ``(A) test the capability of electronic equipment, 
                if--
                            ``(i) it is not reasonable to obtain the 
                        consent of the persons incidentally subjected 
                        to the surveillance;
                            ``(ii) the test is limited in extent and 
                        duration to that necessary to determine to 
                        capability of the equipment;
                            ``(iii) any information obtained during 
                        such testing (including metadata) is retained 
                        and used only for the purpose of determining 
                        the capability of the equipment, is disclosed 
                        only to test personnel, and is destroyed before 
                        or immediately upon completion of the test; and
                            ``(iv) the test is for a period of not 
                        longer than 90 days, unless the law enforcement 
                        agency obtains the prior approval of the 
                        Attorney General; or
                    ``(B) train law enforcement personnel in the use of 
                electronic surveillance equipment, if--
                            ``(i) it is not reasonable to--
                                    ``(I) obtain the consent of the 
                                persons incidentally subjected to the 
                                surveillance;
                                    ``(II) train persons in the course 
                                of otherwise authorized law enforcement 
                                activities; or
                                    ``(III) train persons in the use of 
                                such equipment without engaging in 
                                surveillance;
                            ``(ii) such surveillance is limited in 
                        extent and duration to that necessary to train 
                        the personnel in the use of the equipment; and
                            ``(iii) any information obtained during 
                        such training (including metadata) is destroyed 
                        after its use for such training.
            ``(7) FCC testing.--Subsection (a)(1) shall not apply to 
        the use of a cell-site simulator by the Federal Communications 
        Commission, or an accredited testing laboratory recognized by 
        the Federal Communications Commission, in order to test the 
        cell-site simulator.
            ``(8) Rule of construction.--Nothing in this subsection 
        shall be construed to exempt a State or local government from 
        complying with regulations promulgated by the Federal 
        Communications Commission, including the requirement to obtain 
        authorization to transmit on spectrum regulated by the Federal 
        Communications Commission.
    ``(e) Limit on Certain Use Not Conducted Pursuant to Warrants and 
Orders.--The use of a cell-site simulator under subsection (d)(1)(B) of 
this section (which shall not include such a use by a component of the 
Department of Defense or an Armed Force providing assistance to a law 
enforcement agency of a governmental entity under such subsection 
(d)(1)(B)), under section 105(e) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1805(e)), or under clause (i) or 
(ii) of section 102(a)(1)(A) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1802(a)(1)(A)) may only be carried out lawfully 
using a specific model of a cell-site simulator for which the 
disclosures required under clauses (i) and (ii) of subsection (d)(1)(C) 
were included with respect to the specific model in connection with--
            ``(1) for use by an element of the intelligence community 
        under title I of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.), an application for an order 
        under such Act that was approved; or
            ``(2) for use by a law enforcement agency of a governmental 
        entity, an application for a warrant--
                    ``(A) under the Federal Rules of Criminal Procedure 
                that was approved by a judge of the judicial district 
                in which the law enforcement agency intends to use the 
                cell-site simulator; or
                    ``(B) using State warrant procedures that was 
                approved by a judge of the State in which the law 
                enforcement agency intends to use the cell-site 
                simulator.
    ``(f) Minimization.--
            ``(1) In general.--The Attorney General shall adopt 
        specific procedures that are reasonably designed to minimize 
        the acquisition and retention, provide for the destruction, and 
        prohibit the dissemination, of information obtained through the 
        use of a cell-site simulator under an exception under paragraph 
        (1) or (2) of subsection (d) that pertains to any person who is 
        not an authorized subject of the use.
            ``(2) Publication.--The Attorney General shall make 
        publicly available on the website of the Department of Justice 
        the procedures adopted under paragraph (1) and any revisions to 
        such procedures.
            ``(3) Use by agencies.--If a law enforcement agency of a 
        governmental entity or element of the intelligence community 
        acquires information pertaining to a person who is not an 
        authorized subject of the use of a cell-site simulator under an 
        exception under paragraph (1) or (2) of subsection (d), the law 
        enforcement agency or element of the intelligence community 
        shall--
                    ``(A) minimize the acquisition and retention, and 
                prohibit the dissemination, of the information in 
                accordance with the procedures adopted under paragraph 
                (1); and
                    ``(B) destroy the information (including metadata) 
                at the earliest possible opportunity.
    ``(g) Disclosure to Defendant.--Any information acquired through 
the operation of a cell-site simulator, or derived from such 
information, including the fact that the information was obtained or 
derived, as the case may be, from a cell-site simulator, shall be 
disclosed to the defendant in any action in which the information is 
introduced into evidence.
    ``(h) Scope of Collection.--
            ``(1) Authorized use.--Information collected under this 
        section may only include information identifying nearby 
        electronic devices communicating with the cell-site simulator 
        and the strength and direction of transmissions from those 
        electronic devices.
            ``(2) Compliance with wiretapping requirements to obtain 
        contents.--In the case of any interception of a wire or 
        electronic communication by the cell-site simulator--
                    ``(A) with respect to an interception by a law 
                enforcement agency of a governmental entity, the 
                provisions of chapter 119 shall apply in addition to 
                the provisions of this section; and
                    ``(B) with respect to an interception by an element 
                of the intelligence community targeted against a United 
                States person or person located in the United States, 
                the element of the intelligence community may only 
                conduct the surveillance using the cell-site simulator 
                in accordance with an order authorizing the use issued 
                in accordance with title I of the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), in 
                addition to complying with the provisions of this 
                section.
            ``(3) Compliance with tracking device requirements.--
                    ``(A) In general.--If a cell-site simulator is to 
                be used by a law enforcement agency of a governmental 
                entity to locate or track the movement of a person or 
                object, the provisions of section 3117 and rule 41 of 
                the Federal Rules of Criminal Procedure shall apply in 
                addition to the provisions of this section.
                    ``(B) Court.--For purposes of applying section 3117 
                and rule 41 of the Federal Rules of Criminal Procedure 
                to the use of a cell-site simulator, a Federal court 
                may authorize such use within the jurisdiction of the 
                court, and outside that jurisdiction if--
                            ``(i) the use commences within that 
                        jurisdiction; or
                            ``(ii) at the time the application is 
                        presented to the court, the governmental entity 
                        certifies that it has probable cause to believe 
                        that the target is physically located within 
                        that jurisdiction.
    ``(i) Civil Action.--Any person subject to an unlawful operation of 
a cell-site simulator may bring a civil action for appropriate relief 
(including declaratory and injunctive relief, actual damages, statutory 
damages of not more than $500 for each violation, and attorney fees) 
against the person, including a governmental entity, that conducted 
that unlawful operation.
    ``(j) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this section, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the 
department or agency shall, upon receipt of a true and correct copy of 
the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is 
not warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.
    ``(k) Definitions.--As used in this section--
            ``(1) the terms defined in section 2711 have, respectively, 
        the definitions given such terms in that section;
            ``(2) the term `advanced communications services' has the 
        meaning given that term in section 3 of the Communications Act 
        of 1934 (47 U.S.C. 153);
            ``(3) the term `cell-site simulator' means any device that 
        functions as or simulates a base station for commercial mobile 
        services or private mobile services in order to identify, 
        locate, or intercept transmissions from cellular devices for 
        purposes other than providing ordinary commercial mobile 
        services or private mobile services;
            ``(4) the term `commercial mobile radio service' has the 
        meaning given that term in section 20.3 of title 47, Code of 
        Federal Regulations, or any successor thereto;
            ``(5) the term `contraband interdiction system' means any 
        device that functions as or simulates a base station for 
        commercial mobile services or private mobile services for 
        purposes of identifying, locating, or intercepting 
        transmissions from contraband cellular devices in correctional 
        facilities;
            ``(6) the term `derived' means, with respect to information 
        or evidence, that the government would not have originally 
        possessed the information or evidence but for the use of a 
        cell-site simulator, and regardless of any claim that the 
        information or evidence is attenuated from the surveillance 
        would inevitably have been discovered, or was subsequently 
        reobtained through other means;
            ``(7) the term `electronic communication' has the meaning 
        given that term in section 2510;
            ``(8) the term `electronic device' has the meaning given 
        the term `computer' in section 1030(e);
            ``(9) the term `emergency call' has the meaning given that 
        term in section 6001 of the Middle Class Tax Relief and Job 
        Creation Act of 2012 (47 U.S.C. 1401);
            ``(10) 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);
            ``(11) the term `mitigation' means the deletion of all 
        information collected about a person who is not the subject of 
        the warrant or investigation;
            ``(12) the term `private mobile service' has the meaning 
        given that term in section 332 of the Communications Act of 
        1934 (47 U.S.C. 332);
            ``(13) the term `telecommunications relay service' has the 
        meaning given that term in section 225 of the Communications 
        Act of 1934 (47 U.S.C. 225); and
            ``(14) 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).''.
    (b) Foreign Intelligence Surveillance Act of 1978 Requirements.--
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended--
            (1) in section 101 (50 U.S.C. 1801), as amended by section 
        203 of this Act, by adding at the end the following:
    ``(r) `Cell-site simulator' has the meaning given that term in 
section 3119 of title 18, United States Code.'';
            (2) in section 102(a) (50 U.S.C. 1802(a)), by adding at the 
        end the following:
    ``(5) The Government may only use a cell-site simulator pursuant to 
the authority under clause (i) or (ii) of paragraph (1)(A) without 
obtaining an order under this title authorizing such use if the 
Government has implemented measures that are reasonably likely to limit 
the collection activities to--
            ``(A) means of communications used exclusively between or 
        among foreign powers, as defined in paragraph (1), (2), or (3) 
        of section 101(a); or
            ``(B) property or premises under the open and exclusive 
        control of a foreign power, as defined in paragraph (1), (2), 
        or (3) of section 101(a).''; and
            (3) in section 105 (50 U.S.C. 1805), by adding at the end 
        the following:
    ``(k)(1) A judge having jurisdiction under section 103 may issue an 
order under this section that authorizes the use of a cell-site 
simulator only if the applicant--
            ``(A) demonstrates that other investigative procedures, 
        including electronic location tracking methods that solely 
        collect records of the investigative target--
                    ``(i) have been tried and have failed; or
                    ``(ii) reasonably appear to be--
                            ``(I) unlikely to succeed if tried; or
                            ``(II) too dangerous;
            ``(B) specifies the likely area of effect of the cell-site 
        simulator to be used and the time that the cell-site simulator 
        will be in operation;
            ``(C) certifies that the requested area of effect and time 
        of operation are the narrowest reasonably possible to obtain 
        the necessary information;
            ``(D) specifies the procedures in place to ensure that 
        information unrelated to the target of the application will be 
        promptly destroyed; and
            ``(E) demonstrates that the requested use of a cell-site 
        simulator would be in compliance with applicable provisions of 
        the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the 
        rules of the Federal Communications Commission.
    ``(2) In any application for an order under this section 
authorizing the use of a cell-site simulator, the applicant shall 
include the following:
    ``(A) A disclosure of any potential disruption of the ability of 
the subject of the surveillance or bystanders to use commercial mobile 
radio services or private mobile services, including using advanced 
communications services, to make or receive, as applicable--
    ``(i) emergency calls (including 9-1-1 calls);
    ``(ii) calls to the universal telephone number within the United 
States for the purpose of the national suicide prevention and mental 
health crisis hotline system under designated under paragraph (4) of 
section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e));
    ``(iii) calls to the nationwide toll-free number for the poison 
control centers established under section 1271 of the Public Health 
Service Act (42 U.S.C. 300d-71);
    ``(iv) calls using telecommunications relay services; or
    ``(v) any other communications or transmissions.
    ``(B) A certification that the specific model of the cell-site 
simulator to be used has been inspected by a third party that is an 
accredited testing laboratory recognized by the Federal Communications 
Commission to verify the accuracy of the disclosure under paragraph 
(1).
    ``(C) A disclosure of the methods and precautions that will be used 
to minimize disruption, including--
    ``(i) any limit on the length of time the cell-site simulator can 
be in continuous operation; and
    ``(ii) any user-defined limit on the transmission range of the 
cell-site simulator.
    ``(D) A disclosure as to whether the cell-site simulator will be 
used in an area or at a gathering where constitutionally protected 
activity, including speech or religious observation, will occur.
    ``(E) A disclosure as to whether sensitive matters, such as 
attorney-client communications, political campaign or political party 
deliberations, medical information, or communications among elected 
political representatives of a State or the Federal Government, will be 
implicated.
    ``(F) A disclosure as to the estimated number of individuals whose 
communications, devices, or location information will be implicated.
    ``(3) In considering an application for an order under this section 
that authorizes the use of a cell-site simulator, the court shall--
    ``(A) consider--
    ``(i) the number of individuals impacted;
    ``(ii) the nature of any communications to be obtained; and
    ``(iii) the type of activities in which users of an electronic 
device (as defined in section 3119(k) of title 18, United States Code) 
are engaged;
    ``(B) direct the Government to take steps to ensure heightened 
protections for constitutionally protected activities and to minimize 
the collection of any information relating to individuals for whom the 
Government has not established probable cause as to their status as a 
foreign power or an agent of a foreign power;
    ``(C) weigh the need of the Government to obtain the information 
sought against the likelihood and impact of any potential negative side 
effects, including those disclosed by the Government under paragraph 
(2); and
    ``(D) not grant a request for an order that would put public safety 
at risk or unreasonably inconvenience the community.''.
    (c) Conforming Amendment.--Section 3127 of title 18, United States 
Code, is amended--
            (1) in paragraph (3) by striking ``but such term does not 
        include any'' and inserting ``except such term does not include 
        any cell-site simulator, as that term is defined in section 
        3119, or''; and
            (2) in paragraph (4) by striking ``of any communication'' 
        and inserting ``of any communication, except such term does not 
        include any cell-site simulator, as that term is defined in 
        section 3119''.
    (d) Inspector General Reports.--
            (1) Definition.--In this subsection, the term ``covered 
        Federal entity'' means--
                    (A) a law enforcement agency of a department or 
                agency of the Federal Government; and
                    (B) an element of the intelligence community (as 
                defined in section 3 of the National Security Act of 
                1947 (50 U.S.C. 3003)).
            (2) Reports.--The Inspector General of the Department of 
        Justice, the Inspector General of the Department of Homeland 
        Security, the Inspector General of the Department of Defense, 
        and the Inspector General of the Intelligence Community shall 
        annually submit to Congress a joint report, and publish an 
        unclassified version of the report on the website of each such 
        inspector general, on--
                    (A) the overall compliance of covered Federal 
                entities with this title and the amendments made by 
                this title;
                    (B) the number of applications by covered Federal 
                entities for use of a cell-site simulator that were 
                applied for and the number that were granted;
                    (C) the number of emergency uses of a cell-site 
                simulator under section 3119(d)(1)(B) of title 18, 
                United States Code, as added by this title;
                    (D) the number of such emergency uses for which a 
                court subsequently issued a warrant authorizing the use 
                and the number of such emergency uses in which an 
                application for a warrant was denied;
                    (E) the number of devices that were targeted with a 
                cell-site simulator, which shall be provided separately 
                for targeting conducted pursuant to a warrant or court 
                order and targeting conducted pursuant to an authority 
                to use a cell-site simulator without a warrant or 
                order;
                    (F) the number of devices that were not the target 
                of the use of a cell-site simulator about which 
                information was obtained with the cell-site simulator, 
                which shall--
                            (i) be provided separately for use 
                        conducted pursuant to a warrant or court order 
                        and use conducted pursuant to an authority to 
                        use a cell-site simulator without a warrant or 
                        order; and
                            (ii) include the number of such devices 
                        about which the information was not destroyed 
                        as a result of the minimization requirements 
                        under section 3119(f) of title 18, United 
                        States Code, as added by this section, which 
                        shall be provided separately for use conducted 
                        pursuant to a warrant or court order and use 
                        conducted pursuant to an authority to use a 
                        cell-site simulator without a warrant or order;
                    (G) which components of a law enforcement agency of 
                a department or agency of the Federal Government are 
                using cell-site simulators and how many are available 
                to that component; and
                    (H) instances in which a law enforcement agency of 
                a department or agency of the Federal Government made 
                cell-site simulators available to a State or unit of 
                local government.
            (3) Form of reports.--Each report submitted under paragraph 
        (2) shall be submitted in unclassified form, but may include a 
        classified annex.
    (e) FCC Regulations.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Federal Communications Commission 
        shall initiate any proceeding that may be necessary to 
        promulgate or modify regulations promulgated by the Federal 
        Communications Commission to implement this title and the 
        amendments made by this title.
            (2) Construction.--Nothing in this title or an amendment 
        made by this title shall be construed to expand or contract the 
        authority of the Federal Communications Commission.
    (f) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), 
        subsections (a), (b), (c), and (d) of this section, and the 
        amendments made by such subsections, shall apply on and after 
        the date that is 2 years after the date of enactment of this 
        Act.
            (2) Exceptions.--
                    (A) Definition.--In this paragraph, the term 
                ``cell-site simulator'' has the meaning given that term 
                in section 3119 of title 18, United States Code, as 
                added by subsection (a).
                    (B) Extension for existing cell-site simulators.--
                For any model of a cell-site simulator in use before 
                the date of enactment of this Act, including such use 
                in a contraband interdiction system at a correctional 
                facility, if the Attorney General certifies that 
                additional time is necessary to obtain independent 
                tests of the model of cell-site simulator, subsections 
                (a), (b), (c), and (d) of this section, and the 
                amendments made by such subsections, shall apply to the 
                use of the model of cell-site simulator on and after 
                the date that is 3 years after the date of enactment of 
                this Act.

      TITLE VII--PROTECTION OF CAR DATA FROM WARRANTLESS SEARCHES

SEC. 701. PROTECTION OF CAR DATA FROM WARRANTLESS SEARCHES.

    (a) In General.--Part I of title 18, United States Code, is amended 
by adding at the end the following:

                 ``CHAPTER 124--ACCESSING VEHICLE DATA.

``Sec.
``2730. Definitions.
``2731. Prohibition on access to vehicle data.
``2732. Prohibition on use of acquired information as evidence.
``Sec. 2730. Definitions
    ``In this chapter:
            ``(1) Access.--The term `access'--
                    ``(A) means any retrieval of covered vehicle data, 
                regardless of--
                            ``(i) whether the data is obtained as the 
                        information is being produced or from digital 
                        storage; and
                            ``(ii) where the vehicle data is stored or 
                        transmitted, including by wire or radio; and
                    ``(B) does not include data covered by chapter 119 
                of this title or section 104 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1804).
            ``(2) Consent.--The term `consent'--
                    ``(A) means an affirmative, express, and voluntary 
                agreement that--
                            ``(i) states that the person providing the 
                        consent is providing consent to a government 
                        official to access the digital contents, access 
                        credential, or online account information, or 
                        other information being sought;
                            ``(ii) specifies the type of content, 
                        access credential, or online account 
                        information the person is providing access to;
                            ``(iii) specifies the time period of the 
                        covered vehicle data to be accessed;
                            ``(iv) informs the person providing consent 
                        that consent is optional and that the 
                        government official attempting to obtain 
                        consent must otherwise acquire a warrant if 
                        consent is not obtained;
                            ``(v) does not involve sanctions or the 
                        threat of sanctions for withholding consent; 
                        and
                            ``(vi) uses clear, simple, and 
                        comprehensible language that is presented in a 
                        way that is accessible to the person providing 
                        consent; and
                    ``(B) does not include consent obtained through 
                agreement to a generic privacy policy.
            ``(3) Covered vehicle data.--The term `covered vehicle 
        data'--
                    ``(A) means all onboard and telematics data 
                generated by, processed by, or stored on a 
                noncommercial vehicle using computing, storage and 
                communication systems installed, attached to, or 
                carried in the vehicle, including diagnostic data, 
                entertainment system data, navigation data, images or 
                data captured by onboard sensors, or cameras, including 
                images or data used to support automated features or 
                autonomous driving, internet access, and communication 
                to and from vehicle occupants;
                    ``(B) includes data gathered by event data 
                recorders; and
                    ``(C) does not include--
                            ``(i) automotive software installed by the 
                        manufacturer, as defined by applicable industry 
                        standards or regulations;
                            ``(ii) any data subject to chapter 119 of 
                        this title or section 104 of the Foreign 
                        Intelligence Surveillance Act of 1978 (50 
                        U.S.C. 1804); or
                            ``(iii) data that is collected from outside 
                        the vehicle, including speed data and 
                        geolocation data, for purposes of traffic, law 
                        enforcement, or toll collection.
            ``(4) Event data recorder.--The term `event data recorder' 
        has the meaning given the term in section 563.5 of title 49, 
        Code of Federal Regulations (as in effect on March 5, 2019).
            ``(5) Investigative or law enforcement officer.--The term 
        `investigative or law enforcement officer' means any officer of 
        the United States or of a State or political subdivision 
        thereof and any Tribal justice official, who is empowered by 
        law to execute searches, to seize evidence, or to make arrests 
        for a violation of Federal or State law.
            ``(6) Noncommercial vehicle.--The term `noncommercial 
        vehicle' has the meaning given the term `non-CMV' in section 
        383.5 of title 49, Code of Federal Regulations.
            ``(7) State.--The term `State' means any State of the 
        United States, the District of Columbia, and any territory or 
        possession of the United States.
            ``(8) Vehicle operator.--The term `vehicle operator' 
        means--
                    ``(A) a person who controls the operation of a 
                vehicle at the time consent is sought; and
                    ``(B) with respect to a vehicle that is not 
                classified as a highly autonomous vehicle by the 
                Secretary of Transportation, the driver of the vehicle.
``Sec. 2731. Prohibition on access to vehicle data
    ``(a) In General.--Except as provided in subsection (b), an 
investigative or law enforcement officer may not access covered vehicle 
data unless pursuant to a warrant issued in accordance with the 
procedures described in rule 41 of the Federal Rules of Criminal 
Procedure (or, in the case of a State court, issued using State warrant 
procedures) by a court of competent jurisdiction, or as otherwise 
provided in this chapter or sections 104 and 303 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804, 1823).
    ``(b) Exceptions.--
            ``(1) Consent.--
                    ``(A) In general.--An investigative or law 
                enforcement officer may access covered vehicle data 
                if--
                            ``(i) the vehicle operator provides prior 
                        consent to such access; and
                            ``(ii) no passenger 14 years of age or 
                        older objects to the access.
                    ``(B) Vehicle owner.--If the vehicle operator 
                cannot be located with reasonable effort, the vehicle 
                owner or, in the case of a leased vehicle, the lessee, 
                may provide consent under this paragraph.
                    ``(C) Unlawful possession.--No individual may 
                provide or withhold consent under this paragraph or 
                object to another individual accessing covered vehicle 
                data if the individual--
                            ``(i) is the vehicle operator who is in 
                        unlawful possession of the vehicle; or
                            ``(ii) is a passenger who unlawfully 
                        obtained access to the vehicle.
                    ``(D) Oral consent.--Consent provided under this 
                paragraph shall be in writing unless--
                            ``(i) the person providing the consent 
                        requests that the consent be made orally; and
                            ``(ii) the request for consent and the 
                        consent are recorded.
                    ``(E) Consent of vehicle operator.--If the vehicle 
                operator is not the owner of the vehicle and provides 
                consent under this paragraph, the consent is valid only 
                with respect to covered vehicle data generated during 
                the lawful possession and use of the vehicle by the 
                vehicle operator.
            ``(2) Emergency.--
                    ``(A) In general.--An investigative or law 
                enforcement officer, the Attorney General, the Deputy 
                Attorney General, the Associate Attorney General, or 
                the principal prosecuting attorney of any State or 
                subdivision thereof acting pursuant to a statute of 
                that State, may access covered vehicle data if--
                            ``(i) such officer reasonably determines 
                        that an emergency situation exists that--
                                    ``(I) involves immediate danger of 
                                death or serious physical injury to any 
                                person; and
                                    ``(II) requires access to covered 
                                vehicle data before such officer can, 
                                with due diligence, obtain a warrant;
                            ``(ii) there are grounds upon which a 
                        warrant could be granted to authorize such 
                        access; and
                            ``(iii) an application for a warrant 
                        approving such access is submitted to a court 
                        within 48 hours after the access has occurred 
                        or begins to occur.
                    ``(B) Denial.--If an application for a warrant 
                submitted pursuant to subparagraph (A)(iii) is denied, 
                any covered vehicle data accessed under this paragraph 
                shall be treated as having been obtained in violation 
                of this chapter.
            ``(3) Event data recorder for motor vehicle safety.--In 
        addition to the exceptions in paragraphs (1) and (2), data 
        recorded or transmitted by an event data recorder may be 
        accessed from a noncommercial vehicle if authorized by 
        paragraph (3), (4), or (5) of section 24302(b) of the Driver 
        Privacy Act of 2015 (49 U.S.C. 30101 note).
            ``(4) Rule of construction.--Nothing in this section shall 
        be interpreted to require the transmission or storage of data 
        that is not otherwise transmitted or stored, or the retrieval 
        of data that is not generally retrievable.
``Sec. 2732. Prohibition on use of acquired information as evidence
    ``(a) In General.--If any covered vehicle data has been acquired in 
violation of this chapter, no part of such information and no evidence 
derived therefrom may be used, received in evidence, or otherwise 
disseminated in any investigation, trial, hearing, or other proceeding 
by, in, or before any court, grand jury, department, officer, agency, 
regulatory body, legislative committee, or other authority of the 
United States, a State, or a political subdivision thereof.
    ``(b) Probable Cause.--No data described in section 2731(b)(3) may 
be used to establish probable cause.''.
    (b) Technical and Conforming Amendments.--
            (1) Driver privacy act of 2015.--Section 24302 of the 
        Driver Privacy Act of 2015 (49 U.S.C. 30101 note) is amended--
                    (A) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``Data'' and inserting 
                ``Except as provided in subsection (c), data''; and
                    (B) by adding at the end the following:
    ``(c) Investigative or Law Enforcement Officers.--An investigative 
or law enforcement officer may only access or retrieve data recorded or 
transmitted by an event data recorder described in subsection (a) in 
accordance with chapter 124 of title 18, United States Code.''.
            (2) Table of chapters.--The table of chapters for part 1 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``124. Accessing vehicle data...............................    2730''.

                 TITLE VIII--INTELLIGENCE TRANSPARENCY

SEC. 801. ENHANCED ANNUAL REPORTS BY DIRECTOR OF THE ADMINISTRATIVE 
              OFFICE OF THE UNITED STATES COURTS.

    Section 603(a)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1873(a)(1)) is amended--
            (1) in subparagraph (E), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(G) the number of certifications by the Foreign 
                Intelligence Surveillance Court pursuant to section 
                103(j);
                    ``(H) the number of petitions to certify a question 
                made by an amicus curiae pursuant to section 
                103(i)(7)(A);
                    ``(I) the number of hearings or rehearings by the 
                Foreign Intelligence Surveillance Court en banc 
                pursuant to section 103(a)(2), disaggregated by 
                hearings or rehearings by such court en banc pursuant 
                to clause (i) or (ii) of such section; and
                    ``(J) the number of times amici curiae have been 
                appointed pursuant to section 103(i)(2).''.

SEC. 802. ENHANCED ANNUAL REPORTS BY DIRECTOR OF NATIONAL INTELLIGENCE.

    (a) In General.--Subsection (b) of section 603 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(b)) is amended--
            (1) in paragraph (2)(C), by striking the semicolon and 
        inserting ``; and'';
            (2) by redesignating paragraphs (3) through (7) as 
        paragraphs (6) through (10), respectively;
            (3) by inserting after paragraph (2) the following:
            ``(3) a description of the subject matter of each of the 
        certifications provided under section 702(h);
            ``(4) statistics revealing the number of persons and 
        identifiers targeted under section 702(a), disaggregated by 
        certification under which the person or identifier was 
        targeted;
            ``(5) the total number of directives issued pursuant to 
        section 702(i)(1), disaggregated by each type of electronic 
        communication service provider described in subparagraphs (A) 
        through (E) of section 701(b)(4);''; and
            (4) by adding at the end the following:
            ``(11)(A) the total number of disseminated intelligence 
        reports derived from collection pursuant to section 702 
        containing the identities of United States persons regardless 
        of whether the identities of the United States persons were 
        openly included or masked;
    ``(B) the total number of disseminated intelligence reports derived 
from collection not authorized by this Act containing the identities of 
United States persons regardless of whether the identities of the 
United States persons were openly included or masked;
    ``(C) the total number of disseminated intelligence reports derived 
from collection pursuant to section 702 containing the identities of 
United States persons in which the identities of the United States 
persons were masked;
    ``(D) the total number of disseminated intelligence reports derived 
from collection not authorized by this Act containing the identities of 
United States persons in which the identities of the United States 
persons were masked;
    ``(E) the total number of disseminated intelligence reports derived 
from collection pursuant to section 702 containing the identities of 
United States persons in which the identities of the United States 
persons were openly included; and
    ``(F) the total number of disseminated intelligence reports derived 
from collection not authorized by this Act containing the identities of 
United States persons in which the identities of the United States 
persons were openly included;
            ``(12)(A) the number of queries conducted in an effort to 
        find communications or information of or about 1 or more United 
        States persons or persons reasonably believed to be located in 
        the United States at the time of the query or the time of the 
        communication or creation of the information that required a 
        warrant pursuant to section 302; and
    ``(B) the number of queries conducted in an effort to find 
communications or information of or about 1 or more United States 
persons or persons reasonably believed to be located in the United 
States at the time of the query or the time of the communication or 
creation of the information that did not require a warrant pursuant to 
section 302; and
            ``(13) the number of criminal proceedings in which the 
        Federal Government or a government of a State or political 
        subdivision thereof entered into evidence or otherwise used or 
        disclosed in a criminal proceeding any information obtained or 
        derived from an acquisition conducted pursuant to Executive 
        Order 12333 (50 U.S.C. 3001 note; relating to United States 
        intelligence activities), or successor order, outside the 
        authorities provided by this Act.''.
    (b) Repeal of Nonapplicability to Federal Bureau of Investigation 
of Certain Requirements.--Subsection (d) of such section is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraph (3) as paragraph (2).
    (c) Conforming Amendment.--Subsection (d)(1) of such section is 
amended by striking ``paragraphs (3), (5), or (6)'' and inserting 
``paragraph (6), (8), or (9)''.

SEC. 803. ANNUAL 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) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Annual Report by Attorney General on Accuracy and 
Completeness of Applications.--
            ``(1) Report required.--In April each year, the Attorney 
        General shall submit to the appropriate committees of Congress 
        and publish on the website of the Department of Justice, 
        subject to a declassification review, a report setting forth, 
        with respect to the preceding calendar year, the following:
                    ``(A) A summary of all accuracy or completeness 
                reviews of applications for court orders submitted to 
                the Foreign Intelligence Surveillance Court by the 
                Federal Bureau of Investigation under this Act.
                    ``(B) The total number of such applications 
                reviewed for accuracy or completeness.
                    ``(C) The total number of material errors or 
                omissions identified during such reviews.
                    ``(D) The total number of nonmaterial errors or 
                omissions identified during such reviews.
                    ``(E) The total number of instances in which facts 
                contained in an application were not supported by 
                documentation that existed in the applicable file being 
                reviewed at the time of the review.
                    ``(F) An explanation for any increase or decrease 
                in the number of errors identified under subparagraphs 
                (C) and (D), and in the event of an increase in the 
                number of errors, a description of any action taken by 
                the Department to improve compliance and accuracy.
            ``(2) Inspector general risk assessment.--In addition to 
        conducting audits under section 401 of the Government 
        Surveillance Reform Act of 2023, the Inspector General of the 
        Department of Justice shall--
                    ``(A) periodically assess the reports required by 
                paragraph (1); and
                    ``(B) as determined by the Inspector General, 
                report any risks identified through such assessments to 
                the appropriate committees of Congress.
            ``(3) Definition of appropriate committees of congress.--In 
        this subsection, the term `appropriate committees of Congress' 
        has the meaning given that term in section 101.''.

SEC. 804. ALLOWING MORE GRANULAR AGGREGATE REPORTING BY RECIPIENTS OF 
              FOREIGN INTELLIGENCE SURVEILLANCE ORDERS.

    (a) Modification of Aggregation Banding.--Subsection (a) of section 
604 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1874) is amended--
            (1) by striking paragraphs (1) through (3) and inserting 
        the following:
            ``(1) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply into separate categories of--
                    ``(A) the number of national security letters 
                received, reported--
                            ``(i) for the first 1000 national security 
                        letters received, in bands of 200 starting with 
                        1-200; and
                            ``(ii) for more than 1000 national security 
                        letters received, the precise number of 
                        national security letters received;
                    ``(B) the number of customer selectors targeted by 
                national security letters, reported--
                            ``(i) for the first 1000 customer selectors 
                        targeted, in bands of 200 starting with 1-200; 
                        and
                            ``(ii) for more than 1000 customer 
                        selectors targeted, the precise number of 
                        customer selectors targeted;
                    ``(C) the number of orders or directives received, 
                combined, under this Act for contents--
                            ``(i) reported--
                                    ``(I) for the first 1000 orders and 
                                directives received, in bands of 200 
                                starting with 1-200; and
                                    ``(II) for more than 1000 orders 
                                and directives received, the precise 
                                number of orders received; and
                            ``(ii) disaggregated by whether the order 
                        or directive was issued under section 105, 402, 
                        or 702;
                    ``(D) the number of customer selectors targeted 
                under orders or directives received, combined, under 
                this Act for contents--
                            ``(i) reported--
                                    ``(I) for the first 1000 customer 
                                selectors targeted, in bands of 200 
                                starting with 1-200; and
                                    ``(II) for more than 1000 customer 
                                selectors targeted, the precise number 
                                of customer selectors targeted; and
                            ``(ii) disaggregated by whether the order 
                        or directive was issued under section 105, 402, 
                        or 702;
                    ``(E) the number of orders or directives received 
                under this Act for noncontents--
                            ``(i) reported--
                                    ``(I) for the first 1000 orders or 
                                directives received, in bands of 200 
                                starting with 1-200; and
                                    ``(II) for more than 1000 orders or 
                                directives received, the precise number 
                                of orders received; and
                            ``(ii) disaggregated by whether the order 
                        or directive was issued under section 105, 402, 
                        or 702; and
                    ``(F) the number of customer selectors targeted 
                under orders or directives under this Act for 
                noncontents--
                            ``(i) reported--
                                    ``(I) for the first 1000 customer 
                                selectors targeted, in bands of 200 
                                starting with 1-200; and
                                    ``(II) for more than 1000 customer 
                                selectors targeted, the precise number 
                                of customer selectors targeted; and
                            ``(ii) disaggregated by whether the order 
                        or directive was issued under section 105, 402, 
                        or 702.''; and
            (2) by redesignating paragraph (4) as paragraph (2).
    (b) Additional Disclosures.--Such section is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Additional Disclosures.--A person who publicly reports 
information under subsection (a) may also publicly report, using a 
semiannual report, information relating to the previous 180 days that 
indicates whether the person was or was not required to comply with an 
order, directive, or national security letter issued under each of 
sections 105, 402, and 702 and the provisions listed in section 
603(f)(3).''.
    (c) Conforming Amendments.--Subsection (c) of such section, as 
redesignated by subsection (b)(1) of this section, is amended--
            (1) in paragraph (1), by striking ``or (2)'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraph (3) as paragraph (2); and
            (4) in paragraph (2), as so redesignated, by striking 
        ``(4)'' and inserting ``(2)''.

SEC. 805. REPORT ON USE OF FOREIGN INTELLIGENCE SURVEILLANCE 
              AUTHORITIES REGARDING PROTECTED ACTIVITIES AND PROTECTED 
              CLASSES.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Privacy and Civil Liberties Oversight Board shall make 
publicly available and submit to the appropriate committees of Congress 
a report on the use of activities and protected classes described in 
subsection (b) in--
            (1) applications for orders made by the United States 
        Government under the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.); 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, and religious 
        affiliation.
    (c) Form.--In addition to the report made publicly available and 
submitted under subsection (a), the Board may submit to the appropriate 
committees of Congress a classified annex.

SEC. 806. PUBLICATION OF ESTIMATES REGARDING COMMUNICATIONS COLLECTED 
              UNDER CERTAIN PROVISIONS OF FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    Not later than 90 days after the date of the enactment of this Act, 
the Director of National Intelligence shall publish a good faith 
estimate of--
            (1) the number of United States persons whose 
        communications are collected under section 702 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a); or
            (2) the number of communications collected under such 
        section to which a party is a person located in the United 
        States at the time of communication.

SEC. 807. ENHANCED REPORTING OF ASSESSMENTS OF COMPLIANCE WITH 
              EMERGENCY ORDER REQUIREMENTS UNDER CERTAIN PROVISIONS OF 
              THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Electronic Surveillance.--
            (1) Annual assessment.--Section 105(e)(6) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(6)) is 
        amended by striking ``shall assess compliance'' and inserting 
        ``shall not less frequently than annually assess compliance''.
            (2) Reporting.--Section 108(a)(2) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(2)) is 
        amended--
                    (A) in subparagraph (C), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (D), by striking ``section 
                301(e).'' and inserting ``section 304(e); and''; and
                    (C) by adding at the end the following:
                    ``(E) the annual assessment conducted pursuant to 
                section 105(e)(6).''.
    (b) Physical Searches.--
            (1) Annual assessment.--Section 304(e)(6) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(e)(6)) is 
        amended by striking ``shall assess compliance'' and inserting 
        ``shall not less frequently than annually assess compliance''.
            (2) Reporting.--Section 306 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1826) is amended--
                    (A) in paragraph (3), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) the annual assessment conducted pursuant to section 
        304(e)(6).''.

      TITLE IX--SEVERABILITY AND LIMITED DELAYS IN IMPLEMENTATION

SEC. 901. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remaining provisions 
of and amendments made by this Act, and the application of the 
provision or amendment held to be unconstitutional to any other person 
or circumstance, shall not be affected thereby.

SEC. 902. LIMITED DELAYS IN IMPLEMENTATION.

    The Attorney General may, in coordination with the Director of 
National Intelligence as may be appropriate, delay implementation of a 
provision of this Act or an amendment made by this Act for a period of 
not more than 1 year upon a showing to the appropriate committees of 
Congress that the delay is necessary--
            (1) to develop and implement technical systems needed to 
        comply with the provision or amendment; or
            (2) to hire or train personnel needed to comply with the 
        provision or amendment.
                                 <all>