[Congressional Record Volume 170, Number 68 (Thursday, April 18, 2024)]
[Senate]
[Pages S2892-S2905]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1823. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       On page 3, strike line 16 and all that follows through page 
     4, line 12, and insert the following:
       (b) Requirement for Senior Leadership To Approve Federal 
     Bureau of Investigation Queries.--Subparagraph (D) of section 
     702(f)(3), as added by subsection (d) of this section, is 
     amended by inserting after clause (v) the following:
       ``(vi) Requirement for senior leadership to approve approve 
     federal bureau of investigation queries.--The procedures 
     shall require that senior leadership of the Department of 
     Justice, including the Director of the Federal Bureau of 
     Investigation and the Attorney General, be included in the 
     Federal Bureau of Investigation's prior approval process 
     under clause (ii).''.
                                 ______
                                 
  SA 1824. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       On page 3, strike line 16 and all that follows through page 
     4, line 12.
                                 ______
                                 
  SA 1825. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       Beginning on page 87, strike line 14 and all that follows 
     through page 90, line 4.
                                 ______
                                 
  SA 1826. Mr. LEE (for himself and Mr. Welch) submitted an amendment 
intended to be proposed by him to the bill H.R. 7888, to reform the 
Foreign Intelligence Surveillance Act of 1978; which was ordered to lie 
on the table; as follows:

       On page 19, strike line 22 and all that follows through 
     page 24, line 10, and insert the following:
       (b) Use of Amici Curiae in Foreign Intelligence 
     Surveillance Court Proceedings.--
       (1) Expansion of appointment authority.--
       (A) In general.--Section 103(i)(2) is amended--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) shall, unless the court issues a finding that 
     appointment is not appropriate, appoint 1 or more individuals 
     who have been designated under paragraph (1), not fewer than 
     1 of whom possesses privacy and civil liberties expertise, 
     unless the court finds that such a qualification is 
     inappropriate, to serve as amicus curiae to assist the court 
     in the consideration of any application or motion for an 
     order or review that, in the opinion of the court--
       ``(i) presents a novel or significant interpretation of the 
     law;
       ``(ii) presents significant concerns with respect to the 
     activities of a United States person that are protected by 
     the first amendment to the Constitution of the United States;

[[Page S2893]]

       ``(iii) presents or involves a sensitive investigative 
     matter;
       ``(iv) presents a request for approval of a new program, a 
     new technology, or a new use of existing technology;
       ``(v) presents a request for reauthorization of 
     programmatic surveillance; or
       ``(vi) otherwise presents novel or significant civil 
     liberties issues; and''; and
       (ii) in subparagraph (B), by striking ``an individual or 
     organization'' each place the term appears and inserting ``1 
     or more individuals or organizations''.
       (B) Definition of sensitive investigative matter.--Section 
     103(i) is amended by adding at the end the following:
       ``(12) Definition.--In this subsection, the term `sensitive 
     investigative matter' means--
       ``(A) an investigative matter involving the activities of--
       ``(i) a domestic public official or political candidate, or 
     an individual serving on the staff of such an official or 
     candidate;
       ``(ii) a domestic religious or political organization, or a 
     known or suspected United States person prominent in such an 
     organization; or
       ``(iii) the domestic news media; or
       ``(B) any other investigative matter involving a domestic 
     entity or a known or suspected United States person that, in 
     the judgment of the applicable court established under 
     subsection (a) or (b), is as sensitive as an investigative 
     matter described in subparagraph (A).''.
       (2) Authority to seek review.--Section 103(i), as amended 
     by paragraph (1) of this subsection, is amended--
       (A) in paragraph (4)--
       (i) in the paragraph heading, by inserting ``; authority'' 
     after ``Duties'';
       (ii) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and adjusting the 
     margins accordingly;
       (iii) in the matter preceding clause (i), as so 
     redesignated, by striking ``the amicus curiae shall'' and 
     inserting the following: ``the amicus curiae--
       ``(A) shall'';
       (iv) in subparagraph (A)(i), as so redesignated, by 
     inserting before the semicolon at the end the following: ``, 
     including legal arguments regarding any privacy or civil 
     liberties interest of any United States person that would be 
     significantly impacted by the application or motion''; and
       (v) by striking the period at the end and inserting the 
     following: ``; and
       ``(B) may seek leave to raise any novel or significant 
     privacy or civil liberties issue relevant to the application 
     or motion or other issue directly impacting the legality of 
     the proposed electronic surveillance with the court, 
     regardless of whether the court has requested assistance on 
     that issue.'';
       (B) by redesignating paragraphs (7) through (12) as 
     paragraphs (8) through (13), respectively; and
       (C) by inserting after paragraph (6) the following:
       ``(7) Authority to seek review of decisions.--
       ``(A) FISA court decisions.--
       ``(i) Petition.--Following issuance of an order under this 
     Act by the Foreign Intelligence Surveillance Court, an amicus 
     curiae appointed under paragraph (2) may petition the Foreign 
     Intelligence Surveillance Court to certify for review to the 
     Foreign Intelligence Surveillance Court of Review a question 
     of law pursuant to subsection (j).
       ``(ii) Written statement of reasons.--If the Foreign 
     Intelligence Surveillance Court denies a petition under this 
     subparagraph, the Foreign Intelligence Surveillance Court 
     shall provide for the record a written statement of the 
     reasons for the denial.
       ``(iii) Appointment.--Upon certification of any question of 
     law pursuant to this subparagraph, the Court of Review shall 
     appoint the amicus curiae to assist the Court of Review in 
     its consideration of the certified question, unless the Court 
     of Review issues a finding that such appointment is not 
     appropriate.
       ``(B) FISA court of review decisions.--An amicus curiae 
     appointed under paragraph (2) may petition the Foreign 
     Intelligence Surveillance Court of Review to certify for 
     review to the Supreme Court of the United States any question 
     of law pursuant to section 1254(2) of title 28, United States 
     Code.
       ``(C) Declassification of referrals.--For purposes of 
     section 602, a petition filed under subparagraph (A) or (B) 
     of this paragraph and all of its content shall be considered 
     a decision, order, or opinion issued by the Foreign 
     Intelligence Surveillance Court or the Foreign Intelligence 
     Surveillance Court of Review described in paragraph (2) of 
     section 602(a).''.
       (3) Access to information.--
       (A) Application and materials.--Section 103(i)(6) is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--
       ``(i) Right of amicus.--If a court established under 
     subsection (a) or (b) appoints an amicus curiae under 
     paragraph (2), the amicus curiae--

       ``(I) shall have access, to the extent such information is 
     available to the Government, to--

       ``(aa) the application, certification, petition, motion, 
     and other information and supporting materials, including any 
     information described in section 901, submitted to the 
     Foreign Intelligence Surveillance Court in connection with 
     the matter in which the amicus curiae has been appointed, 
     including access to any relevant legal precedent (including 
     any such precedent that is cited by the Government, including 
     in such an application);
       ``(bb) an unredacted copy of each relevant decision made by 
     the Foreign Intelligence Surveillance Court or the Foreign 
     Intelligence Surveillance Court of Review in which the court 
     decides a question of law, without regard to whether the 
     decision is classified; and
       ``(cc) any other information or materials that the court 
     determines are relevant to the duties of the amicus curiae; 
     and

       ``(II) may make a submission to the court requesting access 
     to any other particular materials or information (or category 
     of materials or information) that the amicus curiae believes 
     to be relevant to the duties of the amicus curiae.

       ``(ii) Supporting documentation regarding accuracy.--The 
     Foreign Intelligence Surveillance Court, upon the motion of 
     an amicus curiae appointed under paragraph (2) or upon its 
     own motion, may require the Government to make available the 
     supporting documentation described in section 902.''.
       (B) Clarification of access to certain information.--
     Section 103(i)(6) is amended--
       (i) in subparagraph (B), by striking ``may'' and inserting 
     ``shall''; and
       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Classified information.--An amicus curiae designated 
     or appointed by the court shall have access, to the extent 
     such information is available to the Government, to 
     unredacted copies of each opinion, order, transcript, 
     pleading, or other document of the Foreign Intelligence 
     Surveillance Court and the Foreign Intelligence Surveillance 
     Court of Review, including, if the individual is eligible for 
     access to classified information, any classified documents, 
     information, and other materials or proceedings.''.
       (4) Definitions.--Section 101 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 term `Foreign Intelligence Surveillance Court of 
     Review' means the court established under section 103(b).''.
       (5) Technical amendments relating to striking section 5(c) 
     of the bill.--
       (A) Subsection (e) of section 603, as added by section 
     12(a) of this Act, is amended by striking ``section 103(m)'' 
     and inserting ``section 103(l)''.
       (B) Section 110(a), as added by section 15(b) of this Act, 
     is amended by striking ``section 103(m)'' and inserting 
     ``section 103(l)''.
       (C) Section 103 is amended by redesignating subsection (m), 
     as added by section 17 of this Act, as subsection (l).
       (6) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act and 
     shall apply with respect to proceedings under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) that take place on or after, or are pending on, that 
     date.
       (c) Required Disclosure of Relevant Information in Foreign 
     Intelligence Surveillance Act of 1978 Applications.--
       (1) In general.--The Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the 
     end the following:

        ``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.''.
       (2) Certification regarding accuracy procedures.--Title IX, 
     as added by paragraph (1) of this subsection, 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;

[[Page S2894]]

       ``(3) a complete file documenting each factual assertion in 
     an application is maintained;
       ``(4) the applicant coordinates with the appropriate 
     elements of the intelligence community (as defined in section 
     3 of the National Security Act of 1947 (50 U.S.C. 3003)), 
     concerning any prior or existing relationship with the target 
     of any surveillance, search, or other means of investigation, 
     and discloses any such relationship in the application;
       ``(5) before any application targeting a United States 
     person (as defined in section 101) is made, the applicant 
     Federal officer shall document that the officer has collected 
     and reviewed for accuracy and completeness supporting 
     documentation for each factual assertion in the application; 
     and
       ``(6) the applicant Federal agency establish compliance and 
     auditing mechanisms 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.
       ``(c) Necessary Finding for Court Orders.--A judge may not 
     enter an order under this Act unless the judge finds, in 
     addition to any other findings required under this Act, that 
     the accuracy procedures described in the application for the 
     order, as required under subsection (b)(1), are actually 
     accuracy procedures as defined in this section.''.
       (3) Technical amendments to eliminate amendments made by 
     section 10 of the bill.--
       (A) Subsection (a) of section 104 is amended--
       (i) in paragraph (9), as amended by section 6(d)(1)(B) of 
     this Act, by striking ``and'' at the end;
       (ii) in paragraph (10), as added by section 6(d)(1)(C) of 
     this Act, by adding ``and'' at the end;
       (iii) in paragraph (11), as added by section 6(e)(1) of 
     this Act, by striking ``; and'' and inserting a period;
       (iv) by striking paragraph (12), as added by section 
     10(a)(1) of this Act; and
       (v) by striking paragraph (13), as added by section 
     10(b)(1) of this Act.
       (B) Subsection (a) of section 303 is amended--
       (i) in paragraph (8), as amended by section 6(e)(2)(B) of 
     this Act, by adding ``and'' at the end;
       (ii) in paragraph (9), as added by section 6(e)(2)(C) of 
     this Act, by striking ``; and'' and inserting a period;
       (iii) by striking paragraph (10), as added by section 
     10(a)(2) of this Act; and
       (iv) by striking paragraph (11), as added by section 
     10(b)(2) of this Act.
       (C) Subsection (c) of section 402, as amended by 
     subsections (a)(3) and (b)(3) of section 10 of this Act, is 
     amended--
       (i) in paragraph (2), by adding ``and'' at the end;
       (ii) in paragraph (3), by striking the semicolon and 
     inserting a period;
       (iii) by striking paragraph (4), as added by section 
     10(a)(3)(C) of this Act; and
       (iv) by striking paragraph (5), as added by section 
     10(b)(3)(C) of this Act.
       (D) Subsection (b)(2) of section 502, as amended by 
     subsections (a)(4) and (b)(4) of section 10 of this Act, is 
     amended--
       (i) in subparagraph (A), by adding ``and'' at the end;
       (ii) in subparagraph (B), by striking the semicolon and 
     inserting a period;
       (iii) by striking subparagraph (E), as added by section 
     10(a)(4)(C) of this Act; and
       (iv) by striking subparagraph (F), as added by section 
     10(b)(4)(C) of this Act.
       (E) Subsection (b)(1) of section 703, as amended by 
     subsections (a)(5)(A) and (b)(5)(A) of section 10 of this 
     Act, is amended--
       (i) in subparagraph (I), by adding ``and'' at the end;
       (ii) in subparagraph (J), by striking the semicolon and 
     inserting a period;
       (iii) by striking subparagraph (K), as added by section 
     10(a)(5)(A)(iii) of this Act; and
       (iv) by striking subparagraph (L), as added by section 
     10(b)(5)(A)(iii) of this Act.
       (F) Subsection (b) of section 704, as amended by 
     subsections (a)(5)(B) and (b)(5)(B) of section 10 of this 
     Act, is amended--
       (i) in paragraph (6), by adding ``and'' at the end;
       (ii) in paragraph (7), by striking the semicolon and 
     inserting a period;
       (iii) by striking paragraph (8), as added by section 
     10(a)(5)(B)(iii) of this Act; and
       (iv) by striking paragraph (9), as added by section 
     10(b)(5)(B)(iii) of this Act.
       (G)(i) The Attorney General shall not be required to issue 
     procedures under paragraph (7) of section 10(a) of this Act.
       (ii) Nothing in clause (i) shall be construed to modify the 
     requirement for the Attorney General to issue accuracy 
     procedures under section 902(a) of the Foreign Intelligence 
     Surveillance Act of 1978, as added by paragraph (2) of this 
     subsection.
                                 ______
                                 
  SA 1827. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. 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; and
       ``(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

[[Page S2895]]

     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.''.
                                 ______
                                 
  SA 1828. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 26. LIMITATION ON AUTHORITIES IN FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

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

                        ``TITLE IX--LIMITATIONS

     ``SEC. 901. LIMITATIONS ON AUTHORITIES TO SURVEIL UNITED 
                   STATES PERSONS, ON CONDUCTING QUERIES, AND ON 
                   USE OF INFORMATION CONCERNING UNITED STATES 
                   PERSONS.

       ``(a) Definitions.--In this section:
       ``(1) Pen register and trap and trace device.--The terms 
     `pen register' and `trap and trace device' have the meanings 
     given such terms in section 3127 of title 18, United States 
     Code.
       ``(2) United states person.--The term `United States 
     person' has the meaning given such term in section 101.
       ``(3) Derived.--Information or evidence is `derived' from 
     an acquisition when the Government would not have originally 
     possessed the information or evidence but for that 
     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) Limitation on Authorities.--Notwithstanding any other 
     provision of this Act, an officer of the United States may 
     not under this Act request an order for, and the Foreign 
     Intelligence Surveillance Court may not under this Act 
     order--
       ``(1) electronic surveillance of a United States person;
       ``(2) a physical search of a premises, information, 
     material, or property used exclusively by, or under the open 
     and exclusive control of, a United States person;
       ``(3) approval of the installation and use of a pen 
     register or trap and trace device to obtain information 
     concerning a United States person;
       ``(4) the production of tangible things (including books, 
     records, papers, documents, and other items) concerning a 
     United States person; or
       ``(5) the targeting of a United States person for the 
     acquisition of information.
       ``(c) Limitation on Queries of Information Collected Under 
     Section 702.--Notwithstanding any other provision of this 
     Act, an officer of the United States may not conduct a query 
     of information collected pursuant to an authorization under 
     section 702(a) using search terms associated with a United 
     States person.
       ``(d) Limitation on Use of Information Concerning United 
     States Persons.--
       ``(1) Definition of aggrieved person.--In this subsection, 
     the term `aggrieved person' means a person who is the target 
     of any surveillance activity under this Act or any other 
     person whose communications or activities were subject to any 
     surveillance activity under this Act.
       ``(2) In general.--Except as provided in paragraph (3), any 
     information concerning a United States person acquired or 
     derived from an acquisition under this Act shall not be used 
     in evidence against that United States person in any 
     criminal, civil, or administrative proceeding or as part of 
     any criminal, civil, or administrative investigation.
       ``(3) Use by aggrieved persons.--An aggrieved person who is 
     a United States person may use information concerning such 
     person acquired under this Act in a criminal, civil, or 
     administrative proceeding or as part of a criminal, civil, or 
     administrative investigation.''.
       (2) Clerical amendment.--The table of contents preceding 
     section 101 of such Act is amended by adding at the end the 
     following:

                        ``TITLE IX--LIMITATIONS

``Sec. 901. Limitations on authorities to surveil United States 
              persons, on conducting queries, and on use of information 
              concerning United States persons.''.
       (b) Limitations Relating to Executive Order 12333.--
       (1) Definitions.--In this subsection:
       (A) Aggrieved person.--The term ``aggrieved person'' 
     means--
       (i) a person who is the target of any surveillance activity 
     under Executive Order 12333 (50 U.S.C. 3001 note; relating to 
     United States intelligence activities), or successor order; 
     or
       (ii) any other person whose communications or activities 
     were subject to any surveillance activity under such 
     Executive order, or successor order.
       (B) Pen register; trap and trace device; united states 
     person.--The terms ``pen register'', ``trap and trace 
     device'', and ``United States person'' have the meanings 
     given such

[[Page S2896]]

     terms in section 901 of the Foreign Intelligence Surveillance 
     Act of 1978, as added by subsection (a).
       (2) Limitation on acquisition.--Where authority is provided 
     by statute or by the Federal Rules of Criminal Procedure to 
     perform physical searches or to acquire, directly or through 
     third parties, communications content, non-contents 
     information, or business records, those authorizations shall 
     provide the exclusive means by which such searches or 
     acquisition shall take place if the target of the acquisition 
     is a United States person.
       (3) Limitation on use in legal proceedings.--Except as 
     provided in paragraph (5), any information concerning a 
     United States person acquired or derived from an acquisition 
     under Executive Order 12333 (50 U.S.C. 3001 note; relating to 
     United States intelligence activities), or successor order, 
     shall not be used in evidence against that United States 
     person in any criminal, civil, or administrative proceeding 
     or as part of any criminal, civil, or administrative 
     investigation.
       (4) Limitation on united states person queries.--
     Notwithstanding any other provision of law, no governmental 
     entity or officer of the United States shall query 
     communications content, non-contents information, or business 
     records of a United States person under Executive Order 12333 
     (50 U.S.C. 3001 note; relating to United States intelligence 
     activities), or successor order.
       (5) Use by aggrieved persons.--An aggrieved person who is a 
     United States person may use information concerning such 
     person acquired under Executive Order 12333, or successor 
     order, in a criminal, civil, or administrative proceeding or 
     as part of a criminal, civil, or administrative 
     investigation.
       (c) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     abrogate jurisprudence of the Supreme Court of the United 
     States relating to the exceptions to the warrant requirement 
     of the Fourth Amendment to the Constitution of the United 
     States, including the exigent circumstances exception.
                                 ______
                                 
  SA 1829. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

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

       Section 2702 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(e) Prohibition on Obtaining in Exchange for Anything of 
     Value Certain Records and Information by Law Enforcement and 
     Intelligence Agencies.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `covered customer or subscriber record' 
     means a covered record that is--
       ``(i) disclosed to a third party by--

       ``(I) a provider of an electronic communication service to 
     the public or a provider of a remote computing service of 
     which the covered person with respect to the covered record 
     is a subscriber or customer; or
       ``(II) an intermediary service provider that delivers, 
     stores, or processes communications of such covered person;

       ``(ii) collected by a third party from an online account of 
     a covered person; or
       ``(iii) collected by a third party from or about an 
     electronic device of a covered person;
       ``(B) the term `covered person' means--
       ``(i) a person who is located inside the United States; or
       ``(ii) a person--

       ``(I) who is located outside the United States or whose 
     location cannot be determined; and
       ``(II) who is a United States person, as defined in section 
     101 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801);

       ``(C) the term `covered record'--
       ``(i) means a record or other information that--

       ``(I) pertains to a covered person; and
       ``(II) is--

       ``(aa) a record or other information described in the 
     matter preceding paragraph (1) of subsection (c);
       ``(bb) the contents of a communication; or
       ``(cc) location information; and
       ``(ii) does not include a record or other information 
     that--

       ``(I) has been voluntarily made available to the general 
     public by a covered person on a social media plat form or 
     similar service;
       ``(II) is lawfully available to the public as a Federal, 
     State, or local government record or through other widely 
     distributed media;
       ``(III) is obtained by a law enforcement agency of a 
     governmental entity or an element of the intelligence 
     community for the purpose of conducting a background check of 
     a covered person--

       ``(aa) with the written consent of such person;
       ``(bb) for access or use by such agency or element for the 
     purpose of such background check; and
       ``(cc) that is destroyed after the date on which it is no 
     longer needed for such background check; or

       ``(IV) is data generated by a public or private ALPR 
     system;

       ``(D) the term `electronic device' has the meaning given 
     the term `computer' in section 1030(e);
       ``(E) the term `illegitimately obtained information' means 
     a covered record that--
       ``(i) was obtained--

       ``(I) from a provider of an electronic communication 
     service to the public or a provider of a remote computing 
     service in a manner that--

       ``(aa) violates the service agreement between the provider 
     and customers or subscribers of the provider; or
       ``(bb) is inconsistent with the privacy policy of the 
     provider;

       ``(II) by deceiving the covered person whose covered record 
     was obtained; or
       ``(III) through the unauthorized accessing of an electronic 
     device or online account; or

       ``(ii) was--

       ``(I) obtained from a provider of an electronic 
     communication service to the public, a provider of a remote 
     computing service, or an intermediary service provider; and
       ``(II) collected, processed, or shared in violation of a 
     contract relating to the covered record;

       ``(F) the term `intelligence community' has the meaning 
     given that term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003);
       ``(G) the term `location information' means information 
     derived or otherwise calculated from the transmission or 
     reception of a radio signal that reveals the approximate or 
     actual geographic location of a customer, subscriber, or 
     device;
       ``(H) the term `obtain in exchange for anything of value' 
     means to obtain by purchasing, to receive in connection with 
     services being provided for consideration, or to otherwise 
     obtain in exchange for consideration, including an access 
     fee, service fee, maintenance fee, or licensing fee;
       ``(I) the term `online account' means an online account 
     with an electronic communication service to the public or 
     remote computing service;
       ``(J) the term `pertain', with respect to a person, means--
       ``(i) information that is linked to the identity of a 
     person; or
       ``(ii) information--

       ``(I) that has been anonymized to remove links to the 
     identity of a person; and
       ``(II) that, if combined with other information, could be 
     used to identify a person;

       ``(K) the term `third party' means a person who--
       ``(i) is not a governmental entity; and
       ``(ii) in connection with the collection, disclosure, 
     obtaining, processing, or sharing of the covered record at 
     issue, was not acting as--

       ``(I) a provider of an electronic communication service to 
     the public; or
       ``(II) a provider of a remote computing service; and

       ``(L) the term `automated license plate recognition system' 
     or `ALPR system' means a system of 1 or more mobile or fixed 
     highspeed cameras combined with computer algorithms to 
     convert images of license plates into computer-readable data.
       ``(2) Limitation.--
       ``(A) In general.--A law enforcement agency of a 
     governmental entity and an element of the intelligence 
     community may not obtain from a third party in exchange for 
     anything of value a covered customer or subscriber record or 
     any illegitimately obtained information.
       ``(B) Indirectly acquired records and information.--The 
     limitation under subparagraph (A) shall apply without regard 
     to whether the third party possessing the covered customer or 
     subscriber record or illegitimately obtained information is 
     the third party that initially obtained or collected, or is 
     the third party that initially received the disclosure of, 
     the covered customer or subscriber record or illegitimately 
     obtained information.
       ``(3) Limit on sharing between agencies.--An agency of a 
     governmental entity that is not a law enforcement agency or 
     an element of the intelligence community may not provide to a 
     law enforcement agency of a governmental entity or an element 
     of the intelligence community a covered customer or 
     subscriber record or illegitimately obtained information that 
     was obtained from a third party in exchange for anything of 
     value.
       ``(4) Prohibition on use as evidence.--A covered customer 
     or subscriber record or illegitimately obtained information 
     obtained by or provided to a law enforcement agency of a 
     governmental entity or an element of the intelligence 
     community in violation of paragraph (2) or (3), and any 
     evidence derived therefrom, may not be received in evidence 
     in any trial, hearing, or other proceeding in or before any 
     court, grand jury, department, officer, agency, regulatory 
     body, legislative committee, or other authority of the United 
     States, a State, or a political subdivision thereof.
       ``(5) Minimization procedures.--
       ``(A) In general.--The Attorney General shall adopt 
     specific procedures that are reasonably designed to minimize 
     the acquisition and retention, and prohibit the 
     dissemination, of information pertaining to a covered person 
     that is acquired in violation of paragraph (2) or (3).
       ``(B) Use by agencies.--If a law enforcement agency of a 
     governmental entity or element of the intelligence community 
     acquires information pertaining to a covered person in 
     violation of paragraph (2) or (3), the law enforcement agency 
     of a governmental entity or element of the intelligence 
     community shall minimize the acquisition and retention, and 
     prohibit the dissemination, of the

[[Page S2897]]

     information in accordance with the procedures adopted under 
     subparagraph (A).''.

     SEC. __. REQUIRED DISCLOSURE.

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

     SEC. __. INTERMEDIARY SERVICE PROVIDERS.

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

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

       (a) In General.--Section 2511(2)(f) of title 18, United 
     States Code, is amended to read as follows:
       ``(f)(i)(A) Nothing contained in this chapter, chapter 121 
     or 206 of this title, or section 705 of the Communications 
     Act of 1934 (47 U.S.C. 151 et seq.) shall be deemed to affect 
     an acquisition or activity described in clause (B) that is 
     carried out utilizing a means other than electronic 
     surveillance, as defined in section 101 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
       ``(B) An acquisition or activity described in this clause 
     is--
       ``(I) an acquisition by the United States Government of 
     foreign intelligence information from international or 
     foreign communications that--
       ``(aa) is acquired pursuant to express statutory authority; 
     or
       ``(bb) only includes information of persons who are not 
     United States persons and are located outside the United 
     States; or
       ``(II) a foreign intelligence activity involving a foreign 
     electronic communications system that--
       ``(aa) is conducted pursuant to express statutory 
     authority; or
       ``(bb) only involves the acquisition by the United States 
     Government of information of persons who are not United 
     States persons and are located outside the United States.
       ``(ii) The procedures in this chapter, chapter 121, and the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.) shall be the exclusive means by which electronic 
     surveillance, as defined in section 101 of such Act, and the 
     interception of domestic wire, oral, and electronic 
     communications may be conducted.''.
       (b) Exclusive Means Related to Communications Records.--The 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.) shall be the exclusive means by which electronic 
     communications transactions records, call detail records, or 
     other information from communications of United States 
     persons or persons inside the United States are acquired for 
     foreign intelligence purposes inside the United States or 
     from a person or entity located in the United States that 
     provides telecommunications, electronic communication, or 
     remote computing services.
       (c) Exclusive Means Related to Location Information, Web 
     Browsing History, and Internet Search History.--
       (1) Definition.--In this subsection, the term ``location 
     information'' has the meaning given that term in subsection 
     (e) of section 2702 of title 18, United States Code, as added 
     by section __ of this Act.
       (2) Exclusive means.--Title I and sections 303, 304, 702, 
     703, 704, and 705 of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1801 et seq., 1823, 1824, 1881a, 
     1881b, 1881c, 1881d) shall be the exclusive means by which 
     location information, web browsing history, and internet 
     search history of United States persons or persons inside the 
     United States are acquired for foreign intelligence purposes 
     inside the United States or from a person or entity located 
     in the United States.
       (d) Exclusive Means Related to Fourth Amendment-Protected 
     Information.--Title I and sections 303, 304, 702, 703, 704, 
     and 705 of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq., 1823, 1824, 1881a, 1881b, 1881c, 
     1881d) shall be the exclusive means by which any information, 
     records, data, or tangible things are acquired for foreign 
     intelligence purposes from a person or entity located in the 
     United States if the compelled production of such 
     information, records, data, or tangible things would require 
     a warrant for law enforcement purposes.
       (e) Definition.--In this section, the term ``United States 
     person'' has the meaning given that term in section 101 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).

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

       Section 2511(2)(a) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (ii), by striking clause (B) and 
     inserting the following:
       ``(B) a certification in writing--
       ``(I) by a person specified in section 2518(7) or the 
     Attorney General of the United States;
       ``(II) that the requirements for an emergency authorization 
     to intercept a wire, oral, or electronic communication under 
     section 2518(7) have been met; and
       ``(III) that the specified assistance is required,''; and
       (2) by striking subparagraph (iii) and inserting the 
     following:
       ``(iii) For assistance provided pursuant to a certification 
     under subparagraph (ii)(B), the limitation on causes of 
     action under the last sentence of the matter following 
     subparagraph (ii)(B) shall only apply to the extent that the 
     assistance ceased at the earliest of the time the application 
     for a court order was denied, the time the communication 
     sought was obtained, or 48 hours after the interception 
     began.''.
                                 ______
                                 
  SA 1830. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 26. 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).

[[Page S2898]]

       (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.
                                 ______
                                 
  SA 1831. Ms. HIRONO (for herself, Mr. Durbin, Mr. Wyden, Mr. Booker, 
Mr. Markey, and Ms. Warren) submitted an amendment intended to be 
proposed by her to the bill H.R. 7888, to reform the Foreign 
Intelligence Surveillance Act of 1978; which was ordered to lie on the 
table; as follows:

       On page 87, strike lines 1 through 13.
                                 ______
                                 
  SA 1832. Mr. DURBIN (for himself, Mr. Cramer, Ms. Hirono, and Mr. 
Lee) submitted an amendment intended to be proposed by him to the bill 
H.R. 7888, to reform the Foreign Intelligence Surveillance Act of 1978; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON WARRANTLESS ACCESS TO THE 
                   COMMUNICATIONS AND OTHER INFORMATION OF UNITED 
                   STATES PERSONS.

       (a) Definition.--Section 702(f) is amended in paragraph 
     (5), as so redesignated by section 2(a)(2) of this Act--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following:
       ``(B) The term `covered query' means a query conducted--
       ``(i) using a term associated with a United States person; 
     or
       ``(ii) for the purpose of finding the information of a 
     United States person.''.
       (b) Prohibition.--Section 702(f) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is 
     amended--
       (1) by redesignating paragraph (5), as redesignated by 
     section 2(a)(1) of this Act, as paragraph (8);
       (2) in paragraph (1)(A) by inserting ``and the limitations 
     and requirements in paragraph (5)'' after ``Constitution of 
     the United States''; and
       (3) by inserting after paragraph (4), as added by section 
     16(a)(1) of this Act, the following:
       ``(5) Prohibition on warrantless access to the 
     communications and other information of united states 
     persons.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), no officer or employee of the United States may 
     access communications content, or information the compelled 
     disclosure of which would require a probable cause warrant if 
     sought for law enforcement purposes inside the United States, 
     acquired under subsection (a) and returned in response to a 
     covered query.
       ``(B) Exceptions for concurrent authorization, consent, 
     emergency situations, and certain defensive cybersecurity 
     queries.--Subparagraph (A) shall not apply if--
       ``(i) the person to whom the query relates is the subject 
     of an order or emergency authorization authorizing electronic 
     surveillance, a physical search, or an acquisition under this 
     section or section 105, section 304, section 703, or section 
     704 of this Act or a warrant issued pursuant to the Federal 
     Rules of Criminal Procedure by a court of competent 
     jurisdiction;
       ``(ii)(I) the officer or employee accessing the 
     communications content or information 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 the threat described 
     in subitem (AA), the communications content or information 
     must be accessed before authorization described in clause (i) 
     can, with due diligence, be obtained; and

       ``(II) not later than 14 days after the communications 
     content or information is accessed, a description of the 
     circumstances justifying the accessing of the query results 
     is provided to the Foreign Intelligence Surveillance Court, 
     the congressional intelligence committees, the Committee on 
     the Judiciary of the House of Representatives, and the 
     Committee on the Judiciary of the Senate;
       ``(iii) such person or, if such person is incapable of 
     providing consent, a third party legally authorized to 
     consent on behalf of such person, has provided consent for 
     the access on a case-by-case basis; or
       ``(iv)(I) the communications content or information is 
     accessed and used for the sole purpose of identifying 
     targeted recipients of malicious software and preventing or 
     mitigating harm from such malicious software;
       ``(II) other than malicious software and cybersecurity 
     threat signatures, no communications content or other 
     information are accessed or reviewed; and
       ``(III) the accessing of query results is reported to the 
     Foreign Intelligence Surveillance Court.
       ``(C) Matters relating to emergency queries.--
       ``(i) Treatment of denials.--In the event that 
     communications content or information returned in response to 
     a covered query are accessed pursuant to an emergency 
     authorization described in subparagraph (B)(i) and the 
     subsequent application to authorize electronic surveillance, 
     a physical search, or an acquisition pursuant to section 
     105(e), section 304(e), section 703(d), or section 704(d) of 
     this Act is denied, or in any other case in which 
     communications content or information returned in response to 
     a covered query are accessed in violation of this paragraph--

       ``(I) no communications content or information acquired or 
     evidence derived from such access may be used, received in 
     evidence, or otherwise disseminated in any investigation by 
     or in any trial, hearing, or other proceeding in or before 
     any court, grand jury, department, office, agency, regulatory 
     body, legislative committee, or other authority of the United 
     States, a State, or political subdivision thereof; and
       ``(II) no communications content or information acquired or 
     derived from such access may subsequently be used or 
     disclosed in any other manner without the consent of the 
     person to whom the covered query relates, except in the case 
     that the Attorney General approves the use or disclosure of 
     such information in order to prevent the death of or serious 
     bodily harm to any person.

       ``(ii) Assessment of compliance.--Not less frequently than 
     annually, the Attorney General shall assess compliance with 
     the requirements under clause (i).
       ``(D) Foreign intelligence purpose.--
       ``(i) In general.--Except as provided in clause (ii) of 
     this subparagraph, no officer or employee of the United 
     States may conduct a covered query of information acquired 
     under subsection (a) unless the query is reasonably likely to 
     retrieve foreign intelligence information.
       ``(ii) Exceptions.--An officer or employee of the United 
     States may conduct a covered query of information acquired 
     under this section if--

       ``(I)(aa) the officer or employee conducting the query has 
     a reasonable belief that an emergency exists involving an 
     imminent threat of death or serious bodily harm; and
       ``(bb) not later than 14 days after the query is conducted, 
     a description of the query is provided to the Foreign 
     Intelligence Surveillance Court, the congressional 
     intelligence committees, the Committee on the Judiciary of 
     the House of Representatives, and the Committee on the 
     Judiciary of the Senate;
       ``(II) the person to whom the query relates or, if such 
     person is incapable of providing consent, a third party 
     legally authorized to consent on behalf of such person, has 
     provided consent for the query on a case-by-case basis;
       ``(III)(aa) 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;
       ``(bb) other than malicious software and cybersecurity 
     threat signatures, no additional contents of communications 
     acquired as a result of the query are accessed or reviewed; 
     and
       ``(cc) the query is reported to the Foreign Intelligence 
     Surveillance Court; or
       ``(IV) the query is necessary to identify information that 
     must be produced or preserved in connection with a litigation 
     matter or to fulfill discovery obligations in a criminal 
     matter under the laws of the United States or any State 
     thereof.

       ``(6) Documentation.--No officer or employee of the United 
     States may access communications content, or information the 
     compelled disclosure of which would require a probable cause 
     warrant if sought for law enforcement purposes inside the 
     United States, returned in response to a covered query unless 
     an electronic record is created that includes a statement of 
     facts showing that the access is authorized pursuant to an 
     exception specified in paragraph (5)(B).
       ``(7) Query record system.--The head of each agency that 
     conducts queries shall ensure that a system, mechanism, or 
     business practice is in place to maintain the records 
     described in paragraph (6). Not later than 90 days after the 
     date of enactment of the Reforming Intelligence and Securing 
     America Act, the head of each agency that conducts queries 
     shall report to Congress on its compliance with this 
     procedure.''.
       (c) Conforming Amendments.--
       (1) Section 603(b)(2) is amended, in the matter preceding 
     subparagraph (A), by striking ``, including pursuant to 
     subsection (f)(2) of such section,''.
       (2) Section 706(a)(2)(A)(i) is amended by striking 
     ``obtained an order of the Foreign Intelligence Surveillance 
     Court to access such information pursuant to section 
     702(f)(2)'' and inserting ``accessed such information in 
     accordance with section 702(b)(5)''.
                                 ______
                                 
  SA 1833. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       On page 15, strike line 3 and all that follows through page 
     16, line 4, and insert the following:
       (a) Prohibition on Warrantless Queries for the 
     Communications of United States Persons.--
       (1) In general.--Section 702(f) is amended--
       (A) by redesignating paragraph (5), as redesignated by 
     section 2(a)(1) of this Act, as paragraph (9);

[[Page S2899]]

       (B) by redesignating paragraph (4), as added by section 
     16(a)(1) of this Act, as paragraph (8);
       (C) by redesignating paragraph (3), as added by section 
     2(a)(2) of this Act, as paragraph (7);
       (D) in paragraph (1)(A) by inserting ``and the limitations 
     and requirements in paragraph (2)'' after ``Constitution of 
     the United States''; and
       (E) by striking paragraph (2) and inserting the following:
       ``(2) Prohibition on warrantless queries for the 
     communications and other information of united states 
     persons.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), no officer or employee of any agency that receives 
     any information obtained through an acquisition under this 
     section may conduct a query of information acquired under 
     this section for the purpose of finding 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 a United States person.
       ``(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 if--

       ``(I) such person is the subject of an order or emergency 
     authorization authorizing electronic surveillance or physical 
     search under section 105 (50 U.S.C. 1805) or section 304 (50 
     U.S.C. 1824) of this Act, or a warrant issued pursuant to the 
     Federal Rules of Criminal Procedure by a court of competent 
     jurisdiction;
       ``(II)(aa) the officer or employee conducting the query has 
     a reasonable belief that--

       ``(AA) an emergency exists involving an imminent threat of 
     death or serious bodily harm; and
       ``(BB) in order to prevent or mitigate the threat described 
     in subitem (AA), the query must be conducted before 
     authorization described in subclause (I) can, with due 
     diligence, be obtained; and

       ``(bb) a description of the query is provided to the 
     Foreign Intelligence Surveillance Court and the congressional 
     intelligence committees and the Committees on the Judiciary 
     of the House of Representatives and of the Senate in a timely 
     manner;
       ``(III) such person or, if such person is incapable of 
     providing consent, a third party legally authorized to 
     consent on behalf of such person, has provided consent to the 
     query on a case-by-case basis; or
       ``(IV)(aa) the query uses a known cybersecurity threat 
     signature as a query term;
       ``(bb) the query is conducted, and the results of the query 
     are used, for the sole purpose of identifying targeted 
     recipients of malicious software and preventing or mitigating 
     harm from such malicious software;
       ``(cc) no additional contents of communications acquired as 
     a result of the query are accessed or reviewed; and
       ``(dd) each such query is reported to the Foreign 
     Intelligence Surveillance Court.

       ``(ii) Limitations.--

       ``(I) Use in subsequent proceedings.--No information 
     acquired pursuant to a query authorized under clause (i)(II) 
     or information derived from the information acquired pursuant 
     to such query may be used, received in evidence, or otherwise 
     disseminated in any trial, hearing, or other proceeding in or 
     before any court, grand jury, department, office, agency, 
     regulatory body, legislative committee, or other authority of 
     the United States, a State, or political subdivision thereof, 
     except in a proceeding that arises from the threat that 
     prompted the query.
       ``(II) Assessment of compliance.--Not less frequently than 
     annually, the Attorney General shall 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 a United 
     States person is conducted pursuant to an emergency 
     authorization described in subparagraph (B)(i)(I) and the 
     subsequent application for such surveillance pursuant to 
     section 105(e) (50 U.S.C. 1805(e)) or section 304(e) (50 
     U.S.C. 1824(e)) of this Act is denied, or in any other case 
     in which the query has been conducted in violation of this 
     paragraph--

       ``(I) no information acquired or evidence derived from such 
     query may be used, received in evidence, or otherwise 
     disseminated in any trial, hearing, or other proceeding in or 
     before any court, grand jury, department, office, agency, 
     regulatory body, legislative committee, or other authority of 
     the United States, a State, or political subdivision thereof; 
     and
       ``(II) no information concerning any United States person 
     acquired from such query may subsequently be used or 
     disclosed in any other manner without the consent of such 
     person, except in the case that the Attorney General approves 
     the use or disclosure of such information in order to prevent 
     death or serious bodily harm to any person.

       ``(ii) Assessment of compliance.--Not less frequently than 
     annually, the Attorney General shall assess compliance with 
     the requirements under clause (i).
       ``(D) Foreign intelligence purpose.--Except as provided in 
     subclauses (II) through (IV) of subparagraph (B)(i), no 
     officer or employee of any agency that receives any 
     information obtained through an acquisition under this 
     section may conduct a query of information acquired under 
     this section for the purpose of finding information of a 
     United States person unless the query is reasonably likely to 
     retrieve foreign intelligence information.
       ``(3) Documentation.--No officer or employee of any agency 
     that receives any information obtained through an acquisition 
     under this section may conduct a query of information 
     acquired under this section for the purpose of finding 
     information of or about a United States person, unless an 
     electronic record is created 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)--
       ``(i) falls within an exception specified in paragraph 
     (2)(B)(i); and
       ``(ii) is--

       ``(I) reasonably likely to retrieve foreign intelligence 
     information; or
       ``(II) in furtherance of an exception described in 
     subclauses (II) through (IV) of paragraph (2)(B)(i).

       ``(4) Query record system.--The head of each agency that 
     conducts queries shall ensure that a system, mechanism, or 
     business practice is in place to maintain the records 
     described in paragraph (3). Not later than 90 days after 
     enactment of this paragraph, the head of each agency shall 
     report to Congress on its compliance with this procedure.
       ``(5) 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 for the purpose of finding 
     communications metadata of a United States person and the 
     query returns such metadata, the communications content 
     associated with the metadata may not be reviewed except as 
     provided under paragraph (2)(B)(i) of this subsection.
       ``(6) Federated datasets.--The prohibitions and 
     requirements under this subsection shall apply to queries of 
     federated and mixed datasets that include information 
     acquired under this section, unless each agency has 
     established a system, mechanism, or business practice to 
     limit the query to information not acquired under this 
     section.''.
       (2) Conforming amendments.--
       (A) Section 603(b)(2) is amended, in the matter preceding 
     subparagraph (A), by striking ``, including pursuant to 
     subsection (f)(2) of such section,''.
       (B) Section 706(a)(2)(A)(i) is amended by striking 
     ``obtained an order of the Foreign Intelligence Surveillance 
     Court to access such information pursuant to section 
     702(f)(2)'' and inserting ``accessed such information in 
     accordance with section 702(b)(2)''.
                                 ______
                                 
  SA 1834. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       On page 3, strike line 16 and all that follows through page 
     4, line 12, and insert the following:
       (b) Requirement for Senior Leadership To Approve Federal 
     Bureau of Investigation Queries.--Subparagraph (D) of section 
     702(f)(3), as added by subsection (d) of this section, is 
     amended by inserting after clause (v) the following:
       ``(vi) Requirement for senior leadership to approve federal 
     bureau of investigation queries.--The procedures shall 
     require that the Director of the Federal Bureau of 
     Investigation or the Attorney General be included in the 
     Federal Bureau of Investigation's prior approval process 
     under clause (ii).''.
                                 ______
                                 
  SA 1835. Mr. SCHUMER (for Mr. Carper (for himself and Mr. Graham)) 
proposed an amendment to the bill S. 2958, to amend the Coastal Barrier 
Resources Act to make improvements to that Act, and for other purposes; 
as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Strengthening Coastal Communities Act of 2023''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

           TITLE I--COASTAL BARRIER RESOURCES ACT AMENDMENTS

Sec. 101. Definitions.
Sec. 102. Coastal hazard pilot project.
Sec. 103. John H. Chafee Coastal Barrier Resources System.
Sec. 104. Nonapplicability of prohibitions to otherwise protected areas 
              and structures in new additions to the System.
Sec. 105. Require disclosure to prospective buyers that property is in 
              the Coastal Barrier Resources System.

[[Page S2900]]

Sec. 106. Guidance for emergencies adjacent to the System.
Sec. 107. Exceptions to limitations on expenditures.
Sec. 108. Improve Federal agency compliance with Coastal Barrier 
              Resources Act.
Sec. 109. Authorization of appropriations.

 TITLE II--CHANGES TO JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM 
                                  MAPS

Sec. 201. Changes to John H. Chafee Coastal Barrier Resources System 
              maps.

           TITLE I--COASTAL BARRIER RESOURCES ACT AMENDMENTS

     SEC. 101. DEFINITIONS.

       Section 3 of the Coastal Barrier Resources Act (16 U.S.C. 
     3502) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``For purposes of'' and inserting the following:
       ``(a) In General.--For purposes of'';
       (2) in subsection (a) (as so designated)--
       (A) by indenting the margins of each of paragraphs (1) 
     through (7), and each of the subparagraphs and clauses within 
     those paragraphs, appropriately;
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``means'' and inserting ``includes'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by inserting 
     ``bluff,'' after ``barrier spit,''; and
       (II) in clause (ii), by inserting ``and related lands'' 
     after ``aquatic habitats'';

       (iii) in subparagraph (B), by inserting ``, including areas 
     that are and will be vulnerable to coastal hazards, such as 
     flooding, storm surge, wind, erosion, and sea level rise'' 
     after ``nearshore waters''; and
       (iv) in the matter following subparagraph (B), by striking 
     ``, and man's activities on such features and within such 
     habitats,'';
       (C) by redesignating paragraphs (5) through (7) as 
     paragraphs (6) through (8), respectively; and
       (D) by inserting after paragraph (4) the following:
       ``(5) Otherwise protected area.--
       ``(A) In general.--The term `Otherwise Protected Area' 
     means any unit of the System that, at the time of 
     designation, was predominantly composed of areas established 
     under Federal, State, or local law, or held by a qualified 
     organization, primarily for wildlife refuge, sanctuary, 
     recreational, or natural resource conservation purposes.
       ``(B) Qualified organization.--For purposes of subparagraph 
     (A), the term `qualified organization' has the meaning given 
     the term in section 170(h)(3) of the Internal Revenue Code of 
     1986.''; and
       (3) by adding at the end the following:
       ``(b) Savings Provision.--Nothing in this section 
     supersedes the official maps described in section 4(a).''.

     SEC. 102. COASTAL HAZARD PILOT PROJECT.

       (a) In General.--
       (1) Project.--The Secretary of the Interior, in 
     consultation with the Assistant Secretary of the Army for 
     Civil Works, the Administrator of the National Oceanic and 
     Atmospheric Administration, the Administrator of the Federal 
     Emergency Management Agency, and the heads of appropriate 
     State coastal zone management agencies, shall carry out a 
     coastal hazard pilot project to propose definitions and 
     criteria and produce maps of areas, including coastal 
     mainland areas, which could be added to the John H. Chafee 
     Coastal Barrier Resources System established by section 4(a) 
     of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)) that 
     are and will be vulnerable to coastal hazards, such as 
     flooding, storm surge, wind, erosion and sea level rise, and 
     areas to which barriers and associated habitats are likely to 
     migrate or be lost as sea level rises.
       (2) Number of units.--The project carried out under this 
     section shall consist of the creation of maps for at least 10 
     percent of the System and may also identify additional new 
     System units.
       (b) Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives a report describing the results of 
     the pilot project and the proposed definitions and criteria 
     and costs of completing maps for the entire System.
       (2) Contents.--The report shall include a description of--
       (A) the final recommended maps created under the coastal 
     hazard pilot project;
       (B) recommendations for the adoption of the final 
     recommended maps created under this section by Congress;
       (C) a summary of the comments received from the Governors 
     of the States, other government officials, and the public 
     regarding the definitions, criteria, and draft maps;
       (D) a description of the criteria used for the project and 
     any related recommendations; and
       (E) the amount of funding necessary for completing maps for 
     the entire System.
       (c) Consultation.--The Secretary of the Interior shall 
     prepare the report required under subsection (b)--
       (1) in consultation with the Governors of the States in 
     which any newly identified areas are located; and
       (2) after--
       (A) providing an opportunity for the submission of public 
     comments; and
       (B) considering any public comments submitted under 
     subparagraph (A).

     SEC. 103. JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM.

       (a) Technical Amendments.--Section 4 of the Coastal Barrier 
     Resources Act (16 U.S.C. 3503) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``as System units and Otherwise Protected 
     Areas'' after ``generally depicted''; and
       (2) in subsection (f)(2), in the matter preceding 
     subparagraph (A), by striking ``copy of the map'' and 
     inserting ``notification of the availability of the map''.
       (b) Excess Federal Property.--Section 4(e) of the Coastal 
     Barrier Resources Act (16 U.S.C. 3503(e)) is amended by 
     adding at the end the following:
       ``(3) Definition of undeveloped coastal area.--
     Notwithstanding section 3(1) and subsection (g), in this 
     subsection the term `undeveloped coastal barrier' means any 
     coastal barrier regardless of the degree of development.''.

     SEC. 104. NONAPPLICABILITY OF PROHIBITIONS TO OTHERWISE 
                   PROTECTED AREAS AND STRUCTURES IN NEW ADDITIONS 
                   TO THE SYSTEM.

       Section 5 of the Coastal Barrier Resources Act (16 U.S.C. 
     3504) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``subsections (c) and (d) and'' after 
     ``Except as provided in''; and
       (2) by adding at the end the following:
       ``(c) Applicability to Otherwise Protected Areas.--
     Consistent with the Coastal Barrier Improvement Act of 1990 
     (Public Law 101-591; 104 Stat. 2931), except for limitations 
     on new flood insurance coverage described in section 1321 of 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4028), 
     the prohibitions on Federal expenditures and financial 
     assistance described in subsection (a) shall not apply within 
     Otherwise Protected Areas.
       ``(d) Prohibitions Affecting Existing Insurable Structures 
     Within the System.--
       ``(1) In general.--With respect to additions to the System 
     made on or after the date of enactment of the Strengthening 
     Coastal Communities Act of 2023 but subject to paragraphs (2) 
     and (3), the prohibitions on new expenditures and new 
     financial assistance under subsection (a) shall take effect 
     on the date that is 1 year after the date on which the 
     addition to the System was made.
       ``(2) Existing structures.--
       ``(A) In general.--An insurable structure described in 
     subparagraph (B) shall remain eligible for new Federal 
     expenditures and new Federal financial assistance.
       ``(B) Insurable structure described.--An insurable 
     structure referred to in subparagraph (A) is an insurable 
     structure that is--
       ``(i) located within a new addition to the System made on 
     or after the date of enactment of the Strengthening Coastal 
     Communities Act of 2023; and
       ``(ii) in existence before the expiration of the applicable 
     1-year period described in paragraph (1).
       ``(3) Insurable structures in otherwise protected areas.--
     Notwithstanding any other provision in this section, new 
     Federal expenditures and financial assistance may be provided 
     for insurable structures in Otherwise Protected Areas that 
     are used in a manner consistent with the purpose for which 
     the area is protected.''.

     SEC. 105. REQUIRE DISCLOSURE TO PROSPECTIVE BUYERS THAT 
                   PROPERTY IS IN THE COASTAL BARRIER RESOURCES 
                   SYSTEM.

       Section 5 of the Coastal Barrier Resources Act (16 U.S.C. 
     3504) (as amended by section 104(2)) is amended by adding at 
     the end the following:
       ``(e) Disclosure of Limitations.--Not later than 2 years 
     after the date of enactment of the Strengthening Coastal 
     Communities Act of 2023, the Secretary, in consultation with 
     the Secretary of Housing and Urban Development, shall 
     promulgate regulations that, with respect to real property 
     located in an affected community, as determined by the United 
     States Fish and Wildlife Service, that is offered for sale or 
     lease, require disclosure that the real property is located 
     within a community affected by this Act.''.

     SEC. 106. GUIDANCE FOR EMERGENCIES ADJACENT TO THE SYSTEM.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of the Interior, in consultation with the 
     Chief of Engineers, shall develop and finalize guidance 
     relating to the expenditure of Federal funds pursuant to the 
     exception described in section 5(a)(3) of the Coastal Barrier 
     Resources Act (16 U.S.C. 3504(a)(3)) for emergency situations 
     that threaten life, land, and property immediately adjacent 
     to a System unit (as defined in subsection (a) of section 3 
     of that Act (16 U.S.C. 3502)).

     SEC. 107. EXCEPTIONS TO LIMITATIONS ON EXPENDITURES.

       (a) Emergency Actions.--Section 6(a)(6) of the Coastal 
     Barrier Resources Act (16 U.S.C. 3505(a)(6)) is amended by 
     striking subparagraph (E) and inserting the following:
       ``(E) Emergency actions necessary to the saving of lives 
     and the protection of property and the public health and 
     safety, if such actions are performed pursuant to sections 
     402, 403, 407, and 502 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 
     5173, 5192) and are limited to actions that are necessary to 
     alleviate the emergency.''.

[[Page S2901]]

       (b) Aquaculture Operations.--Section 6(a)(6) of the Coastal 
     Barrier Resources Act (16 U.S.C. 3505(a)(6)) is amended by 
     adding at the end the following:
       ``(H) Aquaculture operations that--
       ``(i) produce shellfish (including oysters, clams, and 
     mussels), micro-algae and macro-algae cultivation, or other 
     forms of aquaculture that do not require use of aquaculture 
     feeds; and
       ``(ii) adhere to best management practices and conservation 
     measures recommended by the Secretary through the 
     consultation process referred to in this subsection.''.
       (c) Federal Coastal Storm Risk Management Projects.--
     Section 6(a) of the Coastal Barrier Resources Act (16 U.S.C. 
     3505(a)) is amended by adding at the end the following:
       ``(7) Sourcing of sediment resources for Federal coastal 
     storm risk management projects that have used a System unit 
     for sand to nourish adjacent beaches outside the System 
     pursuant to section 5 of the Act of August 18, 1941 (commonly 
     known as the `Flood Control Act of 1941') (55 Stat. 650, 
     chapter 377; 33 U.S.C. 701n), at any time in the 15-year 
     period prior to the date of enactment of the Strengthening 
     Coastal Communities Act of 2023 in response to a federally 
     declared disaster.''.

     SEC. 108. IMPROVE FEDERAL AGENCY COMPLIANCE WITH COASTAL 
                   BARRIER RESOURCES ACT.

       (a) In General.--Section 7(a) of the Coastal Barrier 
     Resources Act (16 U.S.C. 3506(a)) is amended--
       (1) by striking ``the Coastal Barrier Improvement Act of 
     1990'' and inserting ``the Strengthening Coastal Communities 
     Act of 2023''; and
       (2) by striking ``promulgate regulations'' and inserting 
     ``revise or promulgate regulations and guidance, as 
     necessary,''.
       (b) Technical Correction.--Section 3(2) of the Coastal 
     Barrier Resources Act (16 U.S.C. 3502(2)) is amended by 
     striking ``Committee on Resources'' and inserting ``Committee 
     on Natural Resources''.

     SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

       Section 10 of the Coastal Barrier Resources Act (16 U.S.C. 
     3510) is amended by striking ``$2,000,000'' and all that 
     follows through the period at the end of the sentence and 
     inserting ``$3,000,000 for each of fiscal years 2024 through 
     2028.''.

 TITLE II--CHANGES TO JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM 
                                  MAPS

     SEC. 201. CHANGES TO JOHN H. CHAFEE COASTAL BARRIER RESOURCES 
                   SYSTEM MAPS.

       (a) In General.--
       (1) Replacement maps.--Each map included in the set of maps 
     referred to in section 4(a) of the Coastal Barrier Resources 
     Act (16 U.S.C. 3503(a)) that relates to a unit of the John H. 
     Chafee Coastal Barrier Resources System established by that 
     section referred to in subsection (b) is replaced in such set 
     with the map described in that subsection with respect to 
     that unit and any other new or reclassified units depicted on 
     that map panel.
       (2) New maps.--The set of maps referred to in section 4(a) 
     of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)) is 
     amended to include the new maps described in subsection (c).
       (b) Replacement Maps Described.--The replacement maps 
     referred to in subsection (a)(1) are the following:
       (1) The map entitled ``Salisbury Beach Unit MA-01P Plum 
     Island Unit MA-02P (1 of 2)'' and dated December 18, 2020.
       (2) The map entitled ``Clark Pond Unit C00 Plum Island Unit 
     MA-02P (2 of 2) Castle Neck Unit MA-03 Wingaersheek Unit C01 
     (1 of 2)'' and dated December 18, 2020.
       (3) The map entitled ``Wingaersheek Unit C01 (2 of 2) Good 
     Harbor Beach/Milk Island Unit C01A Cape Hedge Beach Unit MA-
     48 Brace Cove Unit C01B'' and dated December 18, 2020.
       (4) The map entitled ``West Beach Unit MA-04 Phillips Beach 
     Unit MA-06'' and dated December 18, 2020.
       (5) The map entitled ``Snake Island Unit MA-08P, Squantum 
     Unit MA-09P Merrymount Park Unit MA-10P West Head Beach Unit 
     C01C/C01CP Peddocks/Rainsford Island Unit MA-11/MA-11P'' and 
     dated December 18, 2020.
       (6) The map entitled ``Cohassett Harbor Unit MA-12 North 
     Scituate Unit C02P Rivermoor Unit C03'' and dated December 
     18, 2020.
       (7) The map entitled ``Rexhame Unit C03A Duxbury Beach Unit 
     MA-13/MA-13P (1 of 2)'' and dated December 18, 2020.
       (8) The map entitled ``Duxbury Beach Unit MA-13/MA-13P (2 
     of 2) Plymouth Bay Unit C04'' and dated December 18, 2020.
       (9) The map entitled ``Center Hill Complex C06 Scusset 
     Beach Unit MA-38P Town Neck Unit MA-14P'' and dated December 
     18, 2020.
       (10) The map entitled ``Scorton Unit C08 Sandy Neck Unit 
     C09/C09P (1 of 2)'' and dated December 18, 2020.
       (11) The map entitled ``Sandy Neck Unit C09/C09P (2 of 2) 
     Chapin Beach Unit MA-15P'' and dated December 18, 2020.
       (12) The map entitled ``Nobscusset Unit MA-16 Freemans Pond 
     Unit C10'' and dated December 18, 2020.
       (13) The map entitled ``Provincetown Unit MA-19P (1 of 2)'' 
     and dated December 18, 2020.
       (14) The map entitled ``Provincetown Unit MA-19P (2 of 2) 
     Pamet Harbor Unit MA-18AP Ballston Beach Unit MA-18P'' and 
     dated December 18, 2020.
       (15) The map entitled ``Griffin/Great Islands Complex MA-
     17P Lieutenant Island Unit MA-17AP'' and dated December 18, 
     2020.
       (16) The map entitled ``Namskaket Spits Unit C11/C11P Boat 
     Meadow Unit C11A/C11AP Nauset Beach/Monomoy Unit MA-20P (1 of 
     3)'' and dated December 18, 2020.
       (17) The map entitled ``Nauset Beach/Monomoy Unit MA-20P (2 
     of 3) Harding Beach Unit MA-40P Chatham Roads Unit C12/C12P 
     Red River Beach Unit MA-41P'' and dated December 18, 2020.
       (18) The map entitled ``Nauset Beach/Monomoy Unit MA-20P (3 
     of 3)'' and dated December 18, 2020.
       (19) The map entitled ``Davis Beach Unit MA-23P Lewis Bay 
     Unit C13/C13P'' and dated December 18, 2020.
       (20) The map entitled ``Squaw Island Unit C14 Centerville 
     Unit C15/C15P Dead Neck Unit C16 (1 of 2)'' and dated 
     December 18, 2020.
       (21) The map entitled ``Dead Neck Unit C16 (2 of 2) 
     Popponesset Spit Unit C17 Waquoit Bay Unit C18 Falmouth Ponds 
     Unit C18A'' and dated December 18, 2020.
       (22) The map entitled ``Quissett Beach/Falmouth Beach Unit 
     MA-42P Black Beach Unit C19, Little Sippewisset Marsh Unit 
     C19P Chapoquoit Beach Unit MA-43/MA-43P Herring Brook Unit 
     MA-30'' and dated December 18, 2020.
       (23) The map entitled ``Squeteague Harbor Unit MA-31 
     Bassetts Island Unit MA-32 Phinneys Harbor Unit MA-33 
     Buzzards Bay Complex C19A (1 of 3)'' and dated December 18, 
     2020.
       (24) The map entitled ``Buzzards Bay Complex C19AP (2 of 3) 
     Planting Island Unit MA-35'' and dated December 18, 2020.
       (25) The map entitled ``Buzzards Bay Complex C19A (3 of 3) 
     West Sconticut Neck Unit C31A/C31AP Little Bay Unit MA-47P 
     Harbor View Unit C31B'' and dated December 18, 2020.
       (26) The map entitled ``Round Hill Unit MA-36, Mishaum 
     Point Unit C32 Demarest Lloyd Park Unit MA-37P Little Beach 
     Unit C33 (1 of 2) Round Hill Point Unit MA-45P, Teal Pond 
     Unit MA-46'' and dated December 18, 2020.
       (27) The map entitled ``Little Beach Unit C33 (2 of 2) 
     Horseneck Beach Unit C34/C34P Richmond/Cockeast Ponds Unit 
     C35'' and dated December 18, 2020.
       (28) The map entitled ``Coatue Unit C20/C20P (1 of 2) 
     Sesachacha Pond Unit C21'' and dated December 18, 2020.
       (29) The map entitled ``Coatue Unit C20/C20P (2 of 2) Cisco 
     Beach Unit C22P Esther Island Complex C23/23P (1 of 2) 
     Tuckernuck Island Unit C24 (1 of 2)'' and dated December 18, 
     2020.
       (30) The map entitled ``Esther Island Complex C23 (2 of 2) 
     Tuckernuck Island Unit C24 (2 of 2) Muskeget Island Unit 
     C25'' and dated December 18, 2020.
       (31) The map entitled ``Harthaven Unit MA-26, Edgartown 
     Beach Unit MA-27P Trapps Pond Unit MA-27, Eel Pond Beach Unit 
     C26 Cape Poge Unit C27, Norton Point Unit MA-28P South Beach 
     Unit C28 (1 of 2)'' and dated December 18, 2020.
       (32) The map entitled ``South Beach Unit C28 (2 of 2)'' and 
     dated December 18, 2020.
       (33) The map entitled ``Squibnocket Complex C29/C29P Nomans 
     Land Unit MA-29P'' and dated December 18, 2020.
       (34) The map entitled ``James Pond Unit C29A Mink Meadows 
     Unit C29B Naushon Island Complex MA-24 (1 of 2)'' and dated 
     December 18, 2020.
       (35) The map entitled ``Naushon Island Complex MA-24 (2 of 
     2) Elizabeth Island Unit C31 (1 of 2)'' and dated December 
     18, 2020.
       (36) The map entitled ``Elizabeth Island Unit C31 (2 of 2) 
     Penikese Island Unit MA-25P'' and dated December 18, 2020.
       (37) The map entitled ``Cedar Cove Unit C34A'' and dated 
     December 18, 2020.
       (38) The map entitled ``Little Compton Ponds Unit D01 
     Tunipus Pond Unit D01P Brown Point Unit RI-01'' and dated 
     December 18, 2020.
       (39) The map entitled ``Fogland Marsh Unit D02/D02P, 
     Sapowet Point Unit RI-02/RI-02P McCorrie Point Unit RI-02A 
     Sandy Point Unit RI-03P Prudence Island Complex D02B/D02BP (1 
     of 3)'' and dated December 18, 2020.
       (40) The map entitled ``Prudence Island Complex D02B/D02BP 
     (2 of 3)'' and dated December 18, 2020.
       (41) The map entitled ``Prudence Island Complex D02B/D02BP 
     (3 of 3)'' and dated December 18, 2020.
       (42) The map entitled ``West Narragansett Bay Complex 
     D02C'' and dated December 18, 2020.
       (43) The map entitled ``Fox Hill Marsh Unit RI-08/RI-08P 
     Bonnet Shores Beach Unit RI-09 Narragansett Beach Unit RI-10/
     RI-10P'' and dated December 18, 2020.
       (44) The map entitled ``Seaweed Beach Unit RI-11P East 
     Matunuck Beach Unit RI-12P Point Judith Unit RI-14P, Card 
     Ponds Unit D03/D03P Green Hill Beach Unit D04 (1 of 2)'' and 
     dated December 18, 2020.
       (45) The map entitled ``Green Hill Beach Unit D04 (2 of 2) 
     East Beach Unit D05P Quonochontaug Beach Unit D06/D06P'' and 
     dated December 18, 2020.
       (46) The map entitled ``Misquamicut Beach Unit RI-13P 
     Maschaug Ponds Unit D07 Napatree Unit D08/D08P'' and dated 
     December 18, 2020.
       (47) The map entitled ``Block Island Unit D09/D09P'' and 
     dated December 18, 2020.
       (48) The map entitled ``Wilcox Beach Unit E01 Ram Island 
     Unit E01A Mason Island Unit CT-01'' and dated December 18, 
     2020.
       (49) The map entitled ``Bluff Point Unit CT-02 Goshen Cove 
     Unit E02'' and dated December 18, 2020.

[[Page S2902]]

       (50) The map entitled ``Jordan Cove Unit E03, Niantic Bay 
     Unit E03A Old Black Point Unit CT-03, Hatchett Point Unit CT-
     04 Little Pond Unit CT-05, Mile Creek Unit CT-06'' and dated 
     December 18, 2020.
       (51) The map entitled ``Griswold Point Unit CT-07 Lynde 
     Point Unit E03B Cold Spring Brook Unit CT-08'' and dated 
     December 18, 2020.
       (52) The map entitled ``Menunketesuck Island Unit E04 
     Hammonasset Point Unit E05 Toms Creek Unit CT-10 Seaview 
     Beach Unit CT-11'' and dated December 18, 2020.
       (53) The map entitled ``Lindsey Cove Unit CT-12 Kelsey 
     Island Unit CT-13 Nathan Hale Park Unit CT-14P Morse Park 
     Unit CT-15P'' and dated December 18, 2020.
       (54) The map entitled ``Milford Point Unit E07 Long Beach 
     Unit CT-18P Fayerweather Island Unit E08AP'' and dated 
     December 18, 2020.
       (55) The map entitled ``Norwalk Islands Unit E09/E09P'' and 
     dated December 18, 2020.
       (56) The map entitled ``Jamaica Bay Unit NY-60P (1 of 2)'' 
     and dated December 18, 2020.
       (57) The map entitled ``Jamaica Bay Unit NY-60P (2 of 2)'' 
     and dated December 18, 2020.
       (58) The map entitled ``Sands Point Unit NY-03 Prospect 
     Point Unit NY-04P Dosoris Pond Unit NY-05P'' and dated 
     December 18, 2020.
       (59) The map entitled ``The Creek Beach Unit NY-06/NY-06P 
     Centre Island Beach Unit NY-07P, Centre Island Unit NY-88 
     Lloyd Beach Unit NY-09P Lloyd Point Unit NY-10/NY-10P'' and 
     dated December 18, 2020.
       (60) The map entitled ``Lloyd Harbor Unit NY-11/NY-11P, 
     Eatons Neck Unit F02 Hobart Beach Unit NY-13, Deck Island 
     Harbor Unit NY-89 Centerpoint Harbor Unit NY-12, Crab Meadow 
     Unit NY-14'' and dated December 18, 2020.
       (61) The map entitled ``Sunken Meadow Unit NY-15/NY-15P 
     Stony Brook Harbor Unit NY-16 (1 of 2)'' and dated December 
     18, 2020.
       (62) The map entitled ``Stony Brook Harbor Unit NY-16/NY-
     16P (2 of 2) Crane Neck Unit F04P Old Field Beach Unit F05/
     F05P Cedar Beach Unit NY-17/NY-17P'' and dated December 18, 
     2020.
       (63) The map entitled ``Wading River Unit NY-18 Baiting 
     Hollow Unit NY-19P'' and dated December 18, 2020.
       (64) The map entitled ``Luce Landing Unit NY-20P, Mattituck 
     Inlet Unit NY-21P East Creek Unit NY-34P, Indian Island Unit 
     NY-35P Flanders Bay Unit NY-36/NY-36P, Red Creek Pond Unit 
     NY-37 Iron Point Unit NY-97P'' and dated December 18, 2020.
       (65) The map entitled ``Goldsmith Inlet Unit NY-22P, Pipes 
     Cove Unit NY-26 (1 of 2) Southold Bay Unit NY-28, Cedar Beach 
     Point Unit NY-29P (1 of 2) Hog Neck Bay Unit NY-30 Peconic 
     Dunes Unit NY-90P'' and dated December 18, 2020.
       (66) The map entitled ``Little Creek Unit NY-31/NY-31P, 
     Cutchogue Harbor Unit NY-31A Downs Creek Unit NY-32, Robins 
     Island Unit NY-33 Squire Pond Unit NY-38, Cow Neck Unit NY-39 
     North Sea Harbor Unit NY-40/NY-40P, Cold Spring Pond Unit NY-
     92'' and dated December 18, 2020.
       (67) The map entitled ``Truman Beach Unit NY-23/NY-23P 
     Orient Beach Unit NY-25P Hay Beach Point Unit NY-47'' and 
     dated December 18, 2020.
       (68) The map entitled ``F06, NY-26 (2 of 2), NY-27, NY-29P 
     (2 of 2), NY-41P NY-42, NY-43/NY-43P, NY-44, NY-45 NY-46, NY-
     48, NY-49, NY-50 NY-51P, NY-93, NY-94, NY-95P'' and dated 
     December 18, 2020.
       (69) The map entitled ``Gardiners Island Barriers Unit F09 
     (1 of 2) Plum Island Unit NY-24'' and dated December 18, 
     2020.
       (70) The map entitled ``Sammys Beach Unit F08A, Accabonac 
     Harbor Unit F08B Gardiners Island Barriers Unit F09 (2 of 2) 
     Napeague Unit F10P (1 of 2), Hog Creek Unit NY-52 Amagansett 
     Unit NY-56/NY-56P, Bell Park Unit NY-96P'' and dated December 
     18, 2020.
       (71) The map entitled ``Fisher Island Barriers Unit F01'' 
     and dated December 18, 2020.
       (72) The map entitled ``Big Reed Pond Unit NY-53P Oyster 
     Pond Unit NY-54P Montauk Point Unit NY-55P'' and dated 
     December 18, 2020.
       (73) The map entitled ``Napeague Unit F10/F10P (2 of 2)'' 
     and dated December 18, 2020.
       (74) The map entitled ``Mecox Unit F11 Georgica/Wainscott 
     Ponds Unit NY-57 Sagaponack Pond Unit NY-58/NY-58P'' and 
     dated December 18, 2020.
       (75) The map entitled ``Southampton Beach Unit F12 Tiana 
     Beach Unit F13/F13P'' and dated December 18, 2020.
       (76) The map entitled ``Fire Island Unit NY-59P (1 of 6)'' 
     and dated December 18, 2020.
       (77) The map entitled ``Fire Island Unit NY-59P (2 of 6)'' 
     and dated December 18, 2020.
       (78) The map entitled ``Fire Island Unit NY-59P (3 of 6)'' 
     and dated December 18, 2020.
       (79) The map entitled ``Fire Island Unit NY-59/NY-59P (4 of 
     6)'' and dated December 18, 2020.
       (80) The map entitled ``Fire Island Unit NY-59/NY-59P (5 of 
     6)'' and dated December 18, 2020.
       (81) The map entitled ``Fire Island Unit NY-59/NY-59P (6 of 
     6)'' and dated December 18, 2020.
       (82) The map entitled ``Sandy Hook Unit NJ-01P Monmouth 
     Cove Unit NJ-17P'' and dated December 18, 2020.
       (83) The map entitled ``Navesink/Shrewsbury Complex NJ-04A/
     NJ-04AP'' and dated December 18, 2020.
       (84) The map entitled ``Metedeconk Neck Unit NJ-04B/NJ-
     04BP'' and dated December 18, 2020.
       (85) The map entitled ``Island Beach Unit NJ-05P (1 of 2)'' 
     and dated December 18, 2020.
       (86) The map entitled ``Island Beach Unit NJ-05P (2 of 2)'' 
     and dated December 18, 2020.
       (87) The map entitled ``Cedar Bonnet Island Unit NJ-06/NJ-
     06P'' and dated December 18, 2020.
       (88) The map entitled ``Brigantine Unit NJ-07P (1 of 4)'' 
     and dated December 18, 2020.
       (89) The map entitled ``Brigantine Unit NJ-07P (2 of 4)'' 
     and dated December 18, 2020.
       (90) The map entitled ``Brigantine Unit NJ-07P (3 of 4)'' 
     and dated December 18, 2020.
       (91) The map entitled ``Brigantine Unit NJ-07P (4 of 4)'' 
     and dated December 18, 2020.
       (92) The map entitled ``Corson's Inlet Unit NJ-08P'' and 
     dated December 18, 2020.
       (93) The map entitled ``Stone Harbor Unit NJ-09/NJ-09P'' 
     and dated December 18, 2020.
       (94) The map entitled ``Two Mile Beach Unit NJ-20P Cape May 
     Unit NJ-10P Higbee Beach Unit NJ-11P'' and dated December 18, 
     2020.
       (95) The map entitled ``Sunray Beach Unit NJ-21P Del Haven 
     Unit NJ-12/NJ-12P Kimbles Beach Unit NJ-13 Moores Beach Unit 
     NJ-14/NJ-14P (1 of 3)'' and dated December 18, 2020.
       (96) The map entitled ``Moores Beach Unit NJ-14/NJ-14P (2 
     of 3)'' and dated December 18, 2020.
       (97) The map entitled ``Moores Beach Unit NJ-14/NJ-14P (3 
     of 3)'' and dated December 18, 2020.
       (98) The map entitled ``Little Creek Unit DE-01/DE-01P (1 
     of 2) Broadkill Beach Unit H00/H00P (1 of 4)'' and dated 
     December 18, 2020.
       (99) The map entitled ``Broadkill Beach Unit H00/H00P (2 of 
     4)'' and dated December 18, 2020.
       (100) The map entitled ``Broadkill Beach Unit H00/H00P (3 
     of 4)'' and dated December 18, 2020.
       (101) The map entitled ``Broadkill Beach Unit H00/H00P (4 
     of 4) Beach Plum Island Unit DE-02P'' and dated December 18, 
     2020.
       (102) The map entitled ``Cape Henlopen Unit DE-03P Silver 
     Lake Unit DE-06'' and dated December 18, 2020.
       (103) The map entitled ``Fenwick Island Unit DE-08P'' and 
     dated December 18, 2020.
       (104) The map entitled ``Bombay Hook Unit DE-11P (2 of 2) 
     Little Creek Unit DE-01P (2 of 2)'' and dated December 18, 
     2020.
       (105) The map entitled ``Assateague Island Unit MD-01P (1 
     of 3)'' and dated December 18, 2020.
       (106) The map entitled ``Assateague Island Unit MD-01P (2 
     of 3)'' and dated December 18, 2020.
       (107) The map entitled ``Assateague Island Unit MD-01P (3 
     of 3)'' and dated December 18, 2020.
       (108) The map entitled ``Fair Island Unit MD-02 Sound Shore 
     Unit MD-03/MD-03P'' and dated December 18, 2020.
       (109) The map entitled ``Cedar/Janes Islands Unit MD-04P (1 
     of 2) Joes Cove Unit MD-06 (1 of 2)'' and dated December 18, 
     2020.
       (110) The map entitled ``Cedar/Janes Islands Unit MD-04P (2 
     of 2) Joes Cove Unit MD-06 (2 of 2) Scott Point Unit MD-07P, 
     Hazard Island Unit MD-08P St. Pierre Point Unit MD-09P'' and 
     dated December 18, 2020.
       (111) The map entitled ``Little Deal Island Unit MD-11 Deal 
     Island Unit MD-12 Franks Island Unit MD-14/MD-14P Long Point 
     Unit MD-15'' and dated December 18, 2020.
       (112) The map entitled ``Stump Point Unit MD-16'' and dated 
     December 18, 2020.
       (113) The map entitled ``Martin Unit MD-17P'' and dated 
     December 18, 2020.
       (114) The map entitled ``Marsh Island Unit MD-18P Holland 
     Island Unit MD-19'' and dated December 18, 2020.
       (115) The map entitled ``Jenny Island Unit MD-20 Lower 
     Hooper Island Unit MD-58'' and dated December 18, 2020.
       (116) The map entitled ``Barren Island Unit MD-21P Meekins 
     Neck Unit MD-59'' and dated December 18, 2020.
       (117) The map entitled ``Hooper Point Unit MD-22 Covey 
     Creek Unit MD-24'' and dated December 18, 2020.
       (118) The map entitled ``Boone Creek Unit MD-26 Benoni 
     Point Unit MD-27 Chlora Point Unit MD-60'' and dated December 
     18, 2020.
       (119) The map entitled ``Lowes Point Unit MD-28 Rich Neck 
     Unit MD-29 Kent Point Unit MD-30'' and dated December 18, 
     2020.
       (120) The map entitled ``Stevensville Unit MD-32 Wesley 
     Church Unit MD-33 Eastern Neck Island Unit MD-34P Wilson 
     Point Unit MD-35'' and dated December 18, 2020.
       (121) The map entitled ``Tanner Creek Unit MD-47 Point 
     Lookout Unit MD-48P Potter Creek Unit MD-63 Bisco Creek Unit 
     MD-49'' and dated December 18, 2020.
       (122) The map entitled ``Biscoe Pond Unit MD-61P, Carroll 
     Pond Unit MD-62 St. Clarence Creek Unit MD-44 Deep Point Unit 
     MD-45, Point Look-In Unit MD-46 Chicken Cock Creek Unit MD-
     50'' and dated December 18, 2020.
       (123) The map entitled ``Drum Point Unit MD-39 Lewis Creek 
     Unit MD-40 Green Holly Pond Unit MD-41'' and dated December 
     18, 2020.
       (124) The map entitled ``Flag Ponds Unit MD-37P Cove Point 
     Marsh Unit MD-38/MD-38P'' and dated December 18, 2020.
       (125) The map entitled ``Cherryfield Unit MD-64, Piney 
     Point Creek Unit MD-51 McKay Cove Unit MD-52, Blake Creek 
     Unit MD-53 Belvedere Creek Unit MD-54'' and dated December 
     18, 2020.
       (126) The map entitled ``St. Clements Island Unit MD-55P 
     St. Catherine Island Unit MD-56'' and dated December 18, 
     2020.
       (127) The map entitled ``Assateague Island Unit VA-01P (1 
     of 4)'' and dated December 18, 2020.

[[Page S2903]]

       (128) The map entitled ``Assateague Island Unit VA-01P (2 
     of 4)'' and dated December 18, 2020.
       (129) The map entitled ``Assateague Island Unit VA-01P (3 
     of 4)'' and dated December 18, 2020.
       (130) The map entitled ``Assateague Island Unit VA-01P (4 
     of 4) Assawoman Island Unit VA-02P (1 of 3)'' and dated 
     December 18, 2020.
       (131) The map entitled ``Assawoman Island Unit VA-02P (2 of 
     3)'' and dated December 18, 2020.
       (132) The map entitled ``Assawoman Island Unit VA-02P (3 of 
     3) Metompkin Island Unit VA-03P Cedar Island Unit K03 (1 of 
     3)'' and dated December 18, 2020.
       (133) The map entitled ``Cedar Island Unit K03 (2 of 3) 
     Parramore/Hog/Cobb Islands Unit VA-04P (1 of 5)'' and dated 
     December 18, 2020.
       (134) The map entitled ``Cedar Island Unit K03 (3 of 3) 
     Parramore/Hog/Cobb Islands Unit VA-04P (2 of 5)'' and dated 
     December 18, 2020.
       (135) The map entitled ``Parramore/Hog/Cobb Islands Unit 
     VA-04P (3 of 5)'' and dated December 18, 2020.
       (136) The map entitled ``Parramore/Hog/Cobb Islands Unit 
     VA-04P (4 of 5)'' and dated December 18, 2020.
       (137) The map entitled ``Parramore/Hog/Cobb Islands Unit 
     VA-04P (5 of 5) Little Cobb Island Unit K04 Wreck Island Unit 
     VA-05P (1 of 4)'' and dated December 18, 2020.
       (138) The map entitled ``Wreck Island Unit VA-05P (2 of 
     4)'' and dated December 18, 2020.
       (139) The map entitled ``Wreck Island Unit VA-05P (3 of 4) 
     Smith Island Unit VA-06P (1 of 3)'' and dated December 18, 
     2020.
       (140) The map entitled ``Wreck Island Unit VA-05P (4 of 4) 
     Smith Island Unit VA-06P (2 of 3) Fishermans Island Unit K05/
     K05P (1 of 2)'' and dated December 18, 2020.
       (141) The map entitled ``Smith Island Unit VA-06P (3 of 3) 
     Fishermans Island Unit K05/K05P (2 of 2)'' and dated December 
     18, 2020.
       (142) The map entitled ``Elliotts Creek Unit VA-09 Old 
     Plantation Creek Unit VA-10 Wescoat Point Unit VA-11'' and 
     dated December 18, 2020.
       (143) The map entitled ``Great Neck Unit VA-12 Westerhouse 
     Creek Unit VA-13 Shooting Point Unit VA-14'' and dated 
     December 18, 2020.
       (144) The map entitled ``Scarborough Neck Unit VA-16/VA-16P 
     Craddock Neck Unit VA-17/VA-17P (1 of 2)'' and dated December 
     18, 2020.
       (145) The map entitled ``Craddock Neck Unit VA-17 (2 of 2) 
     Hacks Neck Unit VA-18 Parkers/Finneys Islands Unit VA-19 
     Parkers Marsh Unit VA-20/VA-20P (1 of 3)'' and dated December 
     18, 2020.
       (146) The map entitled ``Parkers Marsh Unit VA-20 (2 of 3) 
     Beach Island Unit VA-21 (1 of 2) Russell Island Unit VA-22/
     VA-22P Simpson Bend Unit VA-23'' and dated December 18, 2020.
       (147) The map entitled ``Parkers Marsh Unit VA-20/VA-20P (3 
     of 3) Beach Island Unit VA-21 (2 of 2) Watts Island Unit VA-
     27'' and dated December 18, 2020.
       (148) The map entitled ``Drum Bay Unit VA-24'' and dated 
     December 18, 2020.
       (149) The map entitled ``Fox Islands Unit VA-25'' and dated 
     December 18, 2020.
       (150) The map entitled ``Cheeseman Island Unit VA-26'' and 
     dated December 18, 2020.
       (151) The map entitled ``Tangier Island Unit VA-28/VA-28P'' 
     and dated December 18, 2020.
       (152) The map entitled ``Elbow Point Unit VA-29 White Point 
     Unit VA-30 Cabin Point Unit VA-31 Glebe Point Unit VA-32'' 
     and dated December 18, 2020.
       (153) The map entitled ``Sandy Point Unit VA-33 Judith 
     Sound Unit VA-34'' and dated December 18, 2020.
       (154) The map entitled ``Cod Creek Unit VA-35 Presley Creek 
     Unit VA-36 Cordreys Beach Unit VA-37 Marshalls Beach Unit VA-
     38'' and dated December 18, 2020.
       (155) The map entitled ``Ginny Beach Unit VA-39P, Gaskin 
     Pond Unit VA-40 Owens Pond Unit VA-41, Chesapeake Beach Unit 
     VA-42 Fleet Point Unit VA-43 Bussel Point Unit VA-44'' and 
     dated December 18, 2020.
       (156) The map entitled ``Harveys Creek Unit VA-45, Dameron 
     Marsh Unit VA-63P Ingram Cove Unit VA-46 Bluff Point Neck 
     Unit VA-47/VA-47P Barnes Creek Unit VA-48'' and dated 
     December 18, 2020.
       (157) The map entitled ``Little Bay Unit VA-64, North Point 
     Unit VA-49 White Marsh Unit VA-65P, Windmill Point Unit VA-50 
     Deep Hole Point Unit VA-51, Sturgeon Creek Unit VA-52 Jackson 
     Creek Unit VA-53'' and dated December 18, 2020.
       (158) The map entitled ``Rigby Island/Bethal Beach Unit VA-
     55/VA-55P (1 of 2)'' and dated December 18, 2020.
       (159) The map entitled ``Rigby Island/Bethal Beach Unit VA-
     55 (2 of 2) New Point Comfort Unit VA-56'' and dated December 
     18, 2020.
       (160) The map entitled ``Lone Point Unit VA-66 Oldhouse 
     Creek Unit VA-67 Ware Neck Unit VA-57 Severn River Unit VA-58 
     (1 of 2)'' and dated December 18, 2020.
       (161) The map entitled ``Severn River Unit VA-58 (2 of 2) 
     Bay Tree Beach Unit VA-68/VA-68P Plum Tree Island Unit VA-59P 
     (1 of 2)'' and dated December 18, 2020.
       (162) The map entitled ``Plum Tree Island Unit VA-59P (2 of 
     2) Long Creek Unit VA-60/VA-60P'' and dated December 18, 
     2020.
       (163) The map entitled ``Cape Henry Unit VA-61P'' and dated 
     December 18, 2020.
       (164) The map entitled ``Back Bay Unit VA-62P (1 of 2)'' 
     and dated December 18, 2020.
       (165) The map entitled ``Back Bay Unit VA-62P (2 of 2)'' 
     and dated December 18, 2020.
       (166) The map entitled ``Onslow Beach Complex L05 (2 of 2) 
     Topsail Unit L06 (1 of 2)'' and dated April 30, 2021.
       (167) The map entitled ``Morris Island Unit M06/M06P'' and 
     dated April 29, 2021.
       (168) The map entitled ``Hunting Island Unit SC-09P (1 of 
     2) Harbor Island Unit M11 (1 of 2) St. Phillips Island Unit 
     M12/M12P (1 of 3)'' and dated April 29, 2021.
       (169) The map entitled ``Hunting Island Unit SC-09P (2 of 
     2) Harbor Island Unit M11 (2 of 2) St. Phillips Island Unit 
     M12/M12P (2 of 3)'' and dated April 29, 2021.
       (170) The map entitled ``St. Phillips Island Unit M12 (3 of 
     3)'' and dated April 29, 2021.
       (171) The map entitled ``Grayton Beach Unit FL-95P Draper 
     Lake Unit FL-96'' and dated April 30, 2021.
       (172) The map entitled ``Moreno Point Unit P32/P32P'' and 
     dated April 29, 2021.
       (173) The map entitled ``Isle au Pitre Unit LA-01'' and 
     dated March 18, 2016.
       (174) The map entitled ``Half Moon Island Unit LA-02'' and 
     dated March 18, 2016.
       (175) The map entitled ``Timbalier Bay Unit S04 Timbalier 
     Islands Unit S05 (1 of 3)'' and dated March 18, 2016.
       (176) The map entitled ``Timbalier Islands Unit S05 (2 of 
     3)'' and dated March 18, 2016.
       (177) The map entitled ``Timbalier Islands Unit S05 (3 of 
     3)'' and dated March 18, 2016.
       (178) The map entitled ``Isles Dernieres Unit S06 (1 of 
     3)'' and dated March 18, 2016.
       (179) The map entitled ``Isles Dernieres Unit S06 (2 of 
     3)'' and dated March 18, 2016.
       (180) The map entitled ``Isles Dernieres Unit S06 (3 of 
     3)'' and dated March 18, 2016.
       (181) The map entitled ``Point au Fer Unit S07 (1 of 4)'' 
     and dated March 18, 2016.
       (182) The map entitled ``Point au Fer Unit S07 (2 of 4)'' 
     and dated March 18, 2016.
       (183) The map entitled ``Point au Fer Unit S07 (3 of 4)'' 
     and dated March 18, 2016.
       (184) The map entitled ``Point au Fer Unit S07 (4 of 4)'' 
     and dated March 18, 2016.
       (c) New Maps Described.--The new maps referred to in 
     subsection (a)(2) are the following:
       (1) The map entitled ``Odiorne Point Unit NH-01P'' and 
     dated December 18, 2020.
       (2) The map entitled ``Guilford Harbor Unit CT-19P'' and 
     dated December 18, 2020.
       (3) The map entitled ``Silver Sands Unit CT-21P'' and dated 
     December 18, 2020.
       (4) The map entitled ``Calf Islands Unit CT-20P'' and dated 
     December 18, 2020.
       (5) The map entitled ``Malibu Beach Unit NJ-19P'' and dated 
     December 18, 2020.
       (6) The map entitled ``Egg Island Unit NJ-22P (1 of 2)'' 
     and dated December 18, 2020.
       (7) The map entitled ``Egg Island Unit NJ-22P (2 of 2) Dix 
     Unit NJ-23P (1 of 3)'' and dated December 18, 2020.
       (8) The map entitled ``Dix Unit NJ-23P (2 of 3)'' and dated 
     December 18, 2020.
       (9) The map entitled ``Dix Unit NJ-23P (3 of 3) Greenwich 
     Unit NJ-24P'' and dated December 18, 2020.
       (10) The map entitled ``Woodland Beach Unit DE-09P Fraland 
     Beach Unit DE-10 Bombay Hook Unit DE-11P (1 of 2)'' and dated 
     December 18, 2020.
       (11) The map entitled ``Swan Point Unit MD-65 Lower Cedar 
     Point Unit MD-66'' and dated December 18, 2020.
       (d) Availability.--The Secretary of the Interior shall keep 
     the maps described in subsections (b) and (c) on file and 
     available for inspection in accordance with section 4(b) of 
     the Coastal Barrier Resources Act (16 U.S.C. 3503(b)).
                                 ______
                                 
  SA 1836. Mr. LEE (for himself and Mr. Welch) submitted an amendment 
intended to be proposed by him to the bill H.R. 7888, to reform the 
Foreign Intelligence Surveillance Act of 1978; which was ordered to lie 
on the table; as follows:

       On page 19, strike line 22 and all that follows through 
     page 24, line 10, and insert the following:
       (b) Use of Amici Curiae in Foreign Intelligence 
     Surveillance Court Proceedings.--
       (1) Expansion of appointment authority.--
       (A) In general.--Section 103(i)(2) is amended--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) shall, unless the court issues a finding that 
     appointment is not appropriate, appoint 1 or more individuals 
     who have been designated under paragraph (1), not fewer than 
     1 of whom possesses privacy and civil liberties expertise, 
     unless the court finds that such a qualification is 
     inappropriate, to serve as amicus curiae to assist the court 
     in the consideration of any application or motion for an 
     order or review that, in the opinion of the court--
       ``(i) presents a novel or significant interpretation of the 
     law;
       ``(ii) presents significant concerns with respect to the 
     activities of a United States person that are protected by 
     the first amendment to the Constitution of the United States;
       ``(iii) presents or involves a sensitive investigative 
     matter;
       ``(iv) presents a request for approval of a new program, a 
     new technology, or a new use of existing technology;
       ``(v) presents a request for reauthorization of 
     programmatic surveillance; or
       ``(vi) otherwise presents novel or significant civil 
     liberties issues; and''; and
       (ii) in subparagraph (B), by striking ``an individual or 
     organization'' each place the term appears and inserting ``1 
     or more individuals or organizations''.

[[Page S2904]]

       (B) Definition of sensitive investigative matter.--Section 
     103(i) is amended by adding at the end the following:
       ``(12) Definition.--In this subsection, the term `sensitive 
     investigative matter' means--
       ``(A) an investigative matter involving the activities of--
       ``(i) a domestic public official or political candidate, or 
     an individual serving on the staff of such an official or 
     candidate;
       ``(ii) a domestic religious or political organization, or a 
     known or suspected United States person prominent in such an 
     organization; or
       ``(iii) the domestic news media; or
       ``(B) any other investigative matter involving a domestic 
     entity or a known or suspected United States person that, in 
     the judgment of the applicable court established under 
     subsection (a) or (b), is as sensitive as an investigative 
     matter described in subparagraph (A).''.
       (2) Authority to seek review.--Section 103(i), as amended 
     by paragraph (1) of this subsection, is amended--
       (A) in paragraph (4)--
       (i) in the paragraph heading, by inserting ``; authority'' 
     after ``Duties'';
       (ii) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and adjusting the 
     margins accordingly;
       (iii) in the matter preceding clause (i), as so 
     redesignated, by striking ``the amicus curiae shall'' and 
     inserting the following: ``the amicus curiae--
       ``(A) shall'';
       (iv) in subparagraph (A)(i), as so redesignated, by 
     inserting before the semicolon at the end the following: ``, 
     including legal arguments regarding any privacy or civil 
     liberties interest of any United States person that would be 
     significantly impacted by the application or motion''; and
       (v) by striking the period at the end and inserting the 
     following: ``; and
       ``(B) may seek leave to raise any novel or significant 
     privacy or civil liberties issue relevant to the application 
     or motion or other issue directly impacting the legality of 
     the proposed electronic surveillance with the court, 
     regardless of whether the court has requested assistance on 
     that issue.'';
       (B) by redesignating paragraphs (7) through (12) as 
     paragraphs (8) through (13), respectively; and
       (C) by inserting after paragraph (6) the following:
       ``(7) Authority to seek review of decisions.--
       ``(A) FISA court decisions.--
       ``(i) Petition.--Following issuance of an order under this 
     Act by the Foreign Intelligence Surveillance Court, an amicus 
     curiae appointed under paragraph (2) may petition the Foreign 
     Intelligence Surveillance Court to certify for review to the 
     Foreign Intelligence Surveillance Court of Review a question 
     of law pursuant to subsection (j).
       ``(ii) Written statement of reasons.--If the Foreign 
     Intelligence Surveillance Court denies a petition under this 
     subparagraph, the Foreign Intelligence Surveillance Court 
     shall provide for the record a written statement of the 
     reasons for the denial.
       ``(iii) Appointment.--Upon certification of any question of 
     law pursuant to this subparagraph, the Court of Review shall 
     appoint the amicus curiae to assist the Court of Review in 
     its consideration of the certified question, unless the Court 
     of Review issues a finding that such appointment is not 
     appropriate.
       ``(C) Declassification of referrals.--For purposes of 
     section 602, a petition filed under subparagraph (A) or (B) 
     of this paragraph and all of its content shall be considered 
     a decision, order, or opinion issued by the Foreign 
     Intelligence Surveillance Court or the Foreign Intelligence 
     Surveillance Court of Review described in paragraph (2) of 
     section 602(a).''.
       (3) Access to information.--
       (A) Application and materials.--Section 103(i)(6) is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--
       ``(i) Right of amicus.--If a court established under 
     subsection (a) or (b) appoints an amicus curiae under 
     paragraph (2), the amicus curiae--

       ``(I) shall have access, to the extent such information is 
     available to the Government, to--

       ``(aa) the application, certification, petition, motion, 
     and other information and supporting materials, including any 
     information described in section 901, submitted to the 
     Foreign Intelligence Surveillance Court in connection with 
     the matter in which the amicus curiae has been appointed, 
     including access to any relevant legal precedent (including 
     any such precedent that is cited by the Government, including 
     in such an application);
       ``(bb) an unredacted copy of each relevant decision made by 
     the Foreign Intelligence Surveillance Court or the Foreign 
     Intelligence Surveillance Court of Review in which the court 
     decides a question of law, without regard to whether the 
     decision is classified; and
       ``(cc) any other information or materials that the court 
     determines are relevant to the duties of the amicus curiae; 
     and

       ``(II) may make a submission to the court requesting access 
     to any other particular materials or information (or category 
     of materials or information) that the amicus curiae believes 
     to be relevant to the duties of the amicus curiae.

       ``(ii) Supporting documentation regarding accuracy.--The 
     Foreign Intelligence Surveillance Court, upon the motion of 
     an amicus curiae appointed under paragraph (2) or upon its 
     own motion, may require the Government to make available the 
     supporting documentation described in section 902.''.
       (B) Clarification of access to certain information.--
     Section 103(i)(6) is amended--
       (i) in subparagraph (B), by striking ``may'' and inserting 
     ``shall''; and
       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Classified information.--An amicus curiae designated 
     or appointed by the court shall have access, to the extent 
     such information is available to the Government, to 
     unredacted copies of each opinion, order, transcript, 
     pleading, or other document of the Foreign Intelligence 
     Surveillance Court and the Foreign Intelligence Surveillance 
     Court of Review, including, if the individual is eligible for 
     access to classified information, any classified documents, 
     information, and other materials or proceedings.''.
       (4) Definitions.--Section 101 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 term `Foreign Intelligence Surveillance Court of 
     Review' means the court established under section 103(b).''.
       (5) Technical amendments relating to striking section 5(c) 
     of the bill.--
       (A) Subsection (e) of section 603, as added by section 
     12(a) of this Act, is amended by striking ``section 103(m)'' 
     and inserting ``section 103(l)''.
       (B) Section 110(a), as added by section 15(b) of this Act, 
     is amended by striking ``section 103(m)'' and inserting 
     ``section 103(l)''.
       (C) Section 103 is amended by redesignating subsection (m), 
     as added by section 17 of this Act, as subsection (l).
       (6) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act and 
     shall apply with respect to proceedings under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) that take place on or after, or are pending on, that 
     date.
       (c) Required Disclosure of Relevant Information in Foreign 
     Intelligence Surveillance Act of 1978 Applications.--
       (1) In general.--The Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the 
     end the following:

        ``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.''.
       (2) Certification regarding accuracy procedures.--Title IX, 
     as added by paragraph (1) of this subsection, 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 (as defined in section 101) is made, the applicant 
     Federal officer shall document that the officer has collected 
     and reviewed for accuracy and completeness supporting 
     documentation for each factual assertion in the application; 
     and
       ``(6) the applicant Federal agency establish compliance and 
     auditing mechanisms on an

[[Page S2905]]

     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.
       ``(c) Necessary Finding for Court Orders.--A judge may not 
     enter an order under this Act unless the judge finds, in 
     addition to any other findings required under this Act, that 
     the accuracy procedures described in the application for the 
     order, as required under subsection (b)(1), are actually 
     accuracy procedures as defined in this section.''.
       (3) Technical amendments to eliminate amendments made by 
     section 10 of the bill.--
       (A) Subsection (a) of section 104 is amended--
       (i) in paragraph (9), as amended by section 6(d)(1)(B) of 
     this Act, by striking ``and'' at the end;
       (ii) in paragraph (10), as added by section 6(d)(1)(C) of 
     this Act, by adding ``and'' at the end;
       (iii) in paragraph (11), as added by section 6(e)(1) of 
     this Act, by striking ``; and'' and inserting a period;
       (iv) by striking paragraph (12), as added by section 
     10(a)(1) of this Act; and
       (v) by striking paragraph (13), as added by section 
     10(b)(1) of this Act.
       (B) Subsection (a) of section 303 is amended--
       (i) in paragraph (8), as amended by section 6(e)(2)(B) of 
     this Act, by adding ``and'' at the end;
       (ii) in paragraph (9), as added by section 6(e)(2)(C) of 
     this Act, by striking ``; and'' and inserting a period;
       (iii) by striking paragraph (10), as added by section 
     10(a)(2) of this Act; and
       (iv) by striking paragraph (11), as added by section 
     10(b)(2) of this Act.
       (C) Subsection (c) of section 402, as amended by 
     subsections (a)(3) and (b)(3) of section 10 of this Act, is 
     amended--
       (i) in paragraph (2), by adding ``and'' at the end;
       (ii) in paragraph (3), by striking the semicolon and 
     inserting a period;
       (iii) by striking paragraph (4), as added by section 
     10(a)(3)(C) of this Act; and
       (iv) by striking paragraph (5), as added by section 
     10(b)(3)(C) of this Act.
       (D) Subsection (b)(2) of section 502, as amended by 
     subsections (a)(4) and (b)(4) of section 10 of this Act, is 
     amended--
       (i) in subparagraph (A), by adding ``and'' at the end;
       (ii) in subparagraph (B), by striking the semicolon and 
     inserting a period;
       (iii) by striking subparagraph (E), as added by section 
     10(a)(4)(C) of this Act; and
       (iv) by striking subparagraph (F), as added by section 
     10(b)(4)(C) of this Act.
       (E) Subsection (b)(1) of section 703, as amended by 
     subsections (a)(5)(A) and (b)(5)(A) of section 10 of this 
     Act, is amended--
       (i) in subparagraph (I), by adding ``and'' at the end;
       (ii) in subparagraph (J), by striking the semicolon and 
     inserting a period;
       (iii) by striking subparagraph (K), as added by section 
     10(a)(5)(A)(iii) of this Act; and
       (iv) by striking subparagraph (L), as added by section 
     10(b)(5)(A)(iii) of this Act.
       (F) Subsection (b) of section 704, as amended by 
     subsections (a)(5)(B) and (b)(5)(B) of section 10 of this 
     Act, is amended--
       (i) in paragraph (6), by adding ``and'' at the end;
       (ii) in paragraph (7), by striking the semicolon and 
     inserting a period;
       (iii) by striking paragraph (8), as added by section 
     10(a)(5)(B)(iii) of this Act; and
       (iv) by striking paragraph (9), as added by section 
     10(b)(5)(B)(iii) of this Act.
       (G)(i) The Attorney General shall not be required to issue 
     procedures under paragraph (7) of section 10(a) of this Act.
       (ii) Nothing in clause (i) shall be construed to modify the 
     requirement for the Attorney General to issue accuracy 
     procedures under section 902(a) of the Foreign Intelligence 
     Surveillance Act of 1978, as added by paragraph (2) of this 
     subsection.

                          ____________________