H.R. 7901

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7901 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7901

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 12, 2026

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

_______________________________________________________________________

A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Government 
Surveillance Reform Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Protections related to warrantless queries for the 
communications of United States persons and 
persons located in the United States.
Sec. 102. Limitation on use of information obtained under section 702 
of the Foreign Intelligence Surveillance 
Act of 1978 relating to United States 
persons and persons located in the United 
States in criminal, civil, and 
administrative actions.
Sec. 103. Prohibition on reverse targeting of United States persons and 
persons located in the United States.
Sec. 104. Data retention limits for information collected under section 
702 of the Foreign Intelligence 
Surveillance Act of 1978.
Sec. 105. Foreign Intelligence Surveillance Court supervision of 
demands for technical assistance from 
electronic communication service providers 
under section 702 of the Foreign 
Intelligence Surveillance Act of 1978.
Sec. 106. Prohibition on warrantless acquisition of domestic 
communications pursuant to section 702 of 
the Foreign Intelligence Surveillance Act 
of 1978.
Sec. 107. Requirement of primary foreign intelligence purpose.
Sec. 108. Reports to Congress on sensitive queries.
Sec. 109. Repeal of expanded definition of electronic communication 
service provider.
Sec. 110. Repeal of expanded querying requirements for persons 
traveling to the United States.
Sec. 111. Four-year extension of section 702 of the Foreign 
Intelligence Surveillance Act of 1978.
TITLE II--FOURTH AMENDMENT IS NOT FOR SALE ACT

Sec. 201. Prohibition on Federal law enforcement purchase of personal 
data from data brokers.
TITLE III--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN 
INTELLIGENCE SURVEILLANCE ACT OF 1978

Sec. 301. Court supervision of collection targeting United States 
persons and persons located inside the 
United States.
Sec. 302. Consistent disclosures of relevant information in title V and 
other FISA applications.
Sec. 303. Strengthening accuracy procedures.
Sec. 304. Clarification regarding treatment of information and evidence 
acquired under the Foreign Intelligence 
Surveillance Act of 1978.
Sec. 305. Sunset on grandfather clause of section 215 of the USA 
PATRIOT Act.
Sec. 306. Written record of Department of Justice interactions with 
Foreign Intelligence Surveillance court.
Sec. 307. Appointment of amici curiae and access to information.
Sec. 308. Declassification of significant decisions, orders, and 
opinions.
Sec. 309. Clarification of Foreign Intelligence Surveillance Court 
jurisdiction over records of the court and 
other ancillary matters.
Sec. 310. Grounds for determining injury in fact in civil actions 
relating to surveillance under the Foreign 
Intelligence Surveillance Act of 1978 or 
pursuant to executive authority.
Sec. 311. Accountability procedures for violations by Federal 
employees.
Sec. 312. Reforms to the exclusive means limitations under the Foreign 
Intelligence Surveillance Act of 1978.
TITLE IV--REFORMS RELATED TO SURVEILLANCE CONDUCTED FOR FOREIGN 
INTELLIGENCE PURPOSES OTHER THAN UNDER THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978

Sec. 401. Definitions.
Sec. 402. Protections related to warrantless queries for the 
communications of United States persons and 
persons located in the United States.
Sec. 403. Prohibition on reverse targeting of United States persons and 
persons located in the United States.
Sec. 404. Prohibition on intelligence acquisition of United States 
person data.
Sec. 405. Prohibition on the warrantless acquisition of domestic 
communications.
Sec. 406. Data retention limits.
Sec. 407. Reports on violations of law or Executive order.
TITLE V--INDEPENDENT OVERSIGHT

Sec. 501. Inspector General oversight of orders under the Foreign 
Intelligence Surveillance Act of 1978.
Sec. 502. Intelligence community parity and communications with Privacy 
and Civil Liberties Oversight Board.
Sec. 503. Congressional oversight of grants of immunity by the Attorney 
General for warrantless surveillance 
assistance.
TITLE VI--REFORMS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986

Sec. 601. Warrant protections for location information, web browsing 
records, and search query records.
Sec. 602. Consistent protections for phone and app-based call and 
texting records.
Sec. 603. Email Privacy Act.
Sec. 604. Consistent protections for demands for data held by 
interactive computing services.
Sec. 605. Consistent protections from Federal law enforcement for real-
time and historical metadata.
Sec. 606. Subpoenas for certain subscriber information.
Sec. 607. Minimization standards for voluntary disclosure of customer 
communications or records.
Sec. 608. Consistent privacy protections for data held by data brokers.
Sec. 609. Protection of data entrusted to intermediary or ancillary 
service providers.
Sec. 610. Modernizing criminal surveillance reports.
Sec. 611. Limitation of amendments to Federal departments and agencies.
TITLE VII--PROTECTION OF CAR DATA FROM FEDERAL WARRANTLESS SEARCHES

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

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

Sec. 901. Rule of construction with respect to State and local law 
enforcement authorities.
Sec. 902. Severability.
Sec. 903. Limited delays in implementation.

SEC. 2. DEFINITIONS.

(a) Amendments to the Foreign Intelligence Surveillance Act of 
1978.--
(1) In general.--Section 101 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801) is amended by adding 
at the end the following:
``(q) The term `Foreign Intelligence Surveillance Court' means the 
court established under section 103(a).
``(r) The terms `Foreign Intelligence Surveillance Court of Review' 
and `Court of Review' mean the court established under section 103(b).
``(s) The term `appropriate committees of Congress' means--
``(1) the congressional intelligence committees (as defined 
in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003));
``(2) the Committee on the Judiciary of the Senate; and
``(3) the Committee on the Judiciary of the House of 
Representatives.''.
(2) Title vii.--Section 701(b) of such title (50 U.S.C. 
1881) is amended by adding at the end the following new 
paragraph:
``(6) Covered person.--The term `covered person' means, 
with respect to a query, a communication, an acquisition, or 
creation of information, a person who is--
``(A) a United States person; or
``(B) a person known or believed to be located in 
the United States--
``(i) at the time of the applicable query; 
or
``(ii) at the time of the acquisition, 
communication, or creation of the information 
subject to the applicable query.''.
(3) Conforming amendments.--Such Act (50 U.S.C. 1801 et 
seq.) is amended--
(A) in section 102(a)(3) (50 U.S.C. 1802(a)(3)), by 
striking ``the court established under section 103(a)'' 
and inserting ``the Foreign Intelligence Surveillance 
Court'';
(B) in section 103 (50 U.S.C. 1803)--
(i) in subsection (a)--
(I) in paragraph (2)(A), by 
striking ``The court established under 
this subsection'' and inserting ``The 
Foreign Intelligence Surveillance 
Court''; and
(II) by striking ``the court 
established under this subsection'' 
each place it appears and inserting 
``the Foreign Intelligence Surveillance 
Court'';
(ii) in subsection (g)--
(I) in paragraph (2)--
(aa) in subparagraph (A), 
by striking ``the court 
established pursuant to 
subsection (a)'' and inserting 
``the Foreign Intelligence 
Surveillance Court''; and
(bb) in subparagraph (B), 
by striking ``the court of 
review established pursuant to 
subsection (b)'' and inserting 
``the Foreign Intelligence 
Surveillance Court of Review''; 
and
(II) in paragraph (1), by striking 
``The courts established pursuant to 
subsections (a) and (b)'' and inserting 
``The Foreign Intelligence Surveillance 
Court and the Foreign Intelligence 
Surveillance Court of Review'';
(iii) in subsection (h), by striking ``a 
court established under this section'' and 
inserting ``the Foreign Intelligence 
Surveillance Court or the Foreign Intelligence 
Surveillance Court of Review'';
(iv) in subsection (i)--
(I) in paragraph (1), by striking 
``the courts established under 
subsections (a) and (b)'' and inserting 
``the Foreign Intelligence Surveillance 
Court and the Foreign Intelligence 
Surveillance Court of Review'';
(II) in paragraph (3)(B), in the 
first sentence, by striking ``the 
courts'' and inserting ``the Foreign 
Intelligence Surveillance Court and the 
Foreign Intelligence Surveillance Court 
of Review'';
(III) in paragraph (5), by striking 
``the court'' and inserting ``the 
Foreign Intelligence Surveillance Court 
or the Foreign Intelligence 
Surveillance Court of Review, as the 
case may be,'';
(IV) in paragraph (6), by striking 
``the court'' each place it appears and 
inserting ``the Foreign Intelligence 
Surveillance Court or the Foreign 
Intelligence Surveillance Court of 
Review'';
(V) by striking ``a court 
established under subsection (a) or 
(b)'' each place it appears and 
inserting ``the Foreign Intelligence 
Surveillance Court or the Foreign 
Intelligence Surveillance Court of 
Review''; and
(VI) by striking ``A court 
established under subsection (a) or 
(b)'' each place it appears and 
inserting ``The Foreign Intelligence 
Surveillance Court or the Foreign 
Intelligence Surveillance Court of 
Review'';
(v) in subsection (j)--
(I) by striking ``a court 
established under subsection (a)'' and 
inserting ``the Foreign Intelligence 
Surveillance Court''; and
(II) by striking ``the court 
determines'' and inserting ``the 
Foreign Intelligence Surveillance Court 
determines'';
(vi) by striking ``the court established 
under subsection (a)'' each place it appears 
and inserting ``the Foreign Intelligence 
Surveillance Court''; and
(vii) by striking ``the court established 
under subsection (b)'' each place it appears 
and inserting ``the Foreign Intelligence 
Surveillance Court of Review'';
(C) in section 105(c)(3) (50 U.S.C. 1805(c)(3)), by 
striking ``the court'' each place it appears and 
inserting ``the Foreign Intelligence Surveillance 
Court'';
(D) in section 401(1) (50 U.S.C. 1841(1)), by 
striking ``, and `State''' and inserting ```State', 
`Foreign Intelligence Surveillance Court', and `Foreign 
Intelligence Surveillance Court of Review''';
(E) in section 402 (50 U.S.C. 1842)--
(i) in subsection (b)(1), by striking ``the 
court established by section 103(a) of this 
Act'' and inserting ``the Foreign Intelligence 
Surveillance Court''; and
(ii) in subsection (h)(2), by striking 
``the court established under section 103(a)'' 
and inserting ``the Foreign Intelligence 
Surveillance Court'';
(F) in section 502(b)(1)(A), by striking ``the 
court established by section 103(a) of this Act'' and 
inserting ``the Foreign Intelligence Surveillance Court 
(as defined by section 101)'';
(G) in section 801 (50 U.S.C. 1885)--
(i) in paragraph (8)(B)(i), by striking 
``the court established under section 103(a)'' 
and inserting ``the Foreign Intelligence 
Surveillance Court''; and
(ii) by adding at the end the following new 
paragraph:
``(10) Foreign intelligence surveillance court.--The term 
`Foreign Intelligence Surveillance Court' means the court 
established under section 103(a).''; and
(H) in section 802(a)(1) (50 U.S.C. 1885a(a)(1)), 
by striking ``the court established under section 
103(a)'' and inserting ``the Foreign Intelligence 
Surveillance Court''.
(b) Terms Used in This Act.--In this Act--
(1) the terms ``appropriate committees of Congress'', 
``Foreign Intelligence Surveillance Court'', and ``Foreign 
Intelligence Surveillance Court of Review'' have the meanings 
given such terms in section 101 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801), as amended by 
subsection (a)(1); and
(2) the term ``covered person'' has the meaning given such 
term in section 701 of such Act (50 U.S.C. 1881), as amended by 
subsection (a)(2).

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

SEC. 101. PROTECTIONS RELATED TO WARRANTLESS QUERIES FOR THE 
COMMUNICATIONS OF UNITED STATES PERSONS AND PERSONS 
LOCATED IN THE UNITED STATES.

(a) In General.--Section 702(f) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended--
(1) in paragraph (1)(A), by inserting ``and the limitations 
and requirements in this subsection'' after ``Constitution of 
the United States'';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``means'' and 
all that follows through the period and inserting the 
following: ``means the use of 1 or more terms, whether 
conducted through manual or automated means, to 
retrieve any information acquired under this section, 
including retrieval from a subset of such information, 
whether that subset was created by retrieval through a 
query or other means.'';
(B) by redesignating subparagraph (B) as 
subparagraph (D); and
(C) by inserting after subparagraph (A) the 
following:
``(B) The term `covered information' means--
``(i) communications content; and
``(ii) information, the compelled 
disclosure of which would require a probable 
cause warrant if sought for law enforcement 
purposes inside the United States.
``(C) The term `covered query' means a query that 
is conducted--
``(i) using a term associated with 1 or 
more covered persons; or
``(ii) for a significant purpose of 
retrieving information of or concerning 1 or 
more covered persons.''; and
(3) by adding at the end the following:
``(7) Prohibition on warrantless queries for the 
communications and other information of united states persons 
and persons located in the united states.--
``(A) In general.--Except as provided in 
subparagraphs (B) and (C), no officer or employee of 
the Federal Government may access covered information 
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 covered person to whom the 
covered query relates is the subject of an 
order or emergency authorization authorizing 
electronic surveillance or physical search 
under section 105 or 304 of this Act, or a 
warrant issued pursuant to the Federal Rules of 
Criminal Procedure by a court of competent 
jurisdiction, if--
``(I) such order, authorization, or 
warrant covers the period of the 
covered query; and
``(II) the covered query is 
conducted and covered information is 
accessed in compliance with all use, 
dissemination, querying, retention, and 
other minimization limitations required 
by the order, authorization, or 
warrant;
``(ii)(I) the officer or employee accessing 
the covered 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 item 
(aa), the covered 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 
covered information is accessed, a description 
of the circumstances justifying the accessing 
of the covered information is provided to the 
Foreign Intelligence Surveillance Court and the 
appropriate committees of Congress;
``(iii) the covered person to whom the 
covered 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 access on 
a case-by-case basis; or
``(iv)(I) the covered information is 
accessed and used for defensive cybersecurity 
purposes, including the protection of a covered 
person from cybersecurity attack;
``(II) other than for such defensive 
cybersecurity purposes, no covered information 
is accessed or reviewed; and
``(III) not later than 14 days after the 
covered information is accessed, a description 
of the circumstances justifying the accessing 
of the covered information is provided to the 
Foreign Intelligence Surveillance Court and the 
appropriate committees of Congress.
``(C) Matters relating to emergency queries.--
``(i) Treatment of denials.--If covered 
information is 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) or 
section 304(e) of this Act is denied, or in any 
other case in which covered information is 
accessed in violation of this paragraph--
``(I) no covered information 
accessed, or information or evidence 
derived from such access may be used, 
received in evidence, or otherwise 
disseminated in any investigation, 
trial, hearing, or other proceeding in 
or before any court, grand jury, 
department, office, agency, regulatory 
body, legislative committee, or other 
authority of the United States, a 
State, or political subdivision 
thereof; and
``(II) no covered information 
accessed may subsequently be used or 
disclosed in any other manner without 
the consent of such person, except if 
the Attorney General personally 
approves the use or disclosure of such 
information in order to prevent the 
death of or serious bodily harm to any 
person and not later than 14 days of 
such approval, a description of the 
circumstances justifying the approval 
is provided to the Foreign Intelligence 
Surveillance Court and the appropriate 
committees of Congress.
``(ii) Assessment of compliance.--Not less 
frequently than once each year, the Attorney 
General shall assess compliance with the 
requirements under clause (i).
``(D) Foreign intelligence purpose required for 
queries.--
``(i) In general.--Except as provided in 
clause (ii), no officer or employee of the 
Federal Government may conduct a query unless 
the query is--
``(I) reasonably likely to retrieve 
foreign intelligence information; and
``(II) is made with a significant 
foreign intelligence purpose.
``(ii) Exceptions.--An officer or employee 
of the Federal Government is permitted to 
conduct a query if an exception described in 
clauses (i) and (ii) of paragraph (2)(B) 
applies.
``(E) Documentation.--No officer or employee of the 
Federal Government may conduct a query, or access 
covered information returned in response to a covered 
query, unless an electronic record is created that 
includes--
``(i) for each query--
``(I) each term used for the 
conduct of the query;
``(II) the date of the query;
``(III) the identifier of the 
officer or employee who conducted the 
query; and
``(IV) a statement of facts 
justifying that the query is reasonably 
likely to retrieve foreign intelligence 
information and the significant foreign 
intelligence purpose for the query or, 
if an exception under subparagraph 
(D)(ii) applies, a description of the 
basis for such exception; and
``(ii) for each access--
``(I) the date of the access;
``(II) the identifier of the 
officer or employee who did the 
particular access; and
``(III) a statement of facts 
showing that an access is authorized by 
an exception under subparagraph (B).
``(F) Query record system.--Each head of an agency 
who is authorized to conduct a covered query shall 
ensure that a system, mechanism, or business practice 
is in place to maintain the records described in 
subparagraph (E), including ensuring that any queries 
or accesses to covered information returned in response 
to covered queries, that are conducted by automated 
means are attributed to the officer or employee who was 
the proximate cause of such query or access.''.
(b) Report on Compliance With Query Record System Requirement.--Not 
later than 90 days after the date of enactment of this Act, each head 
of a Federal agency described in section 702(f)(7)(F) of such Act, as 
added by subsection (a), shall submit to the appropriate committees of 
Congress a report on the compliance of the Federal agency with the 
requirement of such section.
(c) Conforming Amendments.--Section 702(f) of such Act, as amended 
by subsection (a), is further amended--
(1) in the headings for subparagraph (B) of paragraph (1), 
subparagraph (A) of paragraph (2), and subparagraph (A) of 
paragraph (3), by striking ``united states person'' each place 
it appears and inserting ``covered person'';
(2) in paragraph (6)--
(A) in the heading, by striking ``non-united states 
persons'' and inserting ``noncovered persons''; and
(B) by striking ``non-United States persons'' and 
inserting ``noncovered persons''; and
(3) in paragraphs (1) through (6), by striking ``United 
States person'' each place it appears and inserting ``covered 
person''.

SEC. 102. LIMITATION ON USE OF INFORMATION OBTAINED UNDER SECTION 702 
OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 
RELATING TO UNITED STATES PERSONS AND PERSONS LOCATED IN 
THE UNITED STATES IN CRIMINAL, CIVIL, AND ADMINISTRATIVE 
ACTIONS.

Paragraph (2) of section 706(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881e(a)) is amended--
(1) in the paragraph heading, by striking ``United states 
persons'' and inserting ``Covered persons''; and
(2) in subparagraph (A)--
(A) by striking ``United States person'' both 
places it appears and inserting ``covered person'';
(B) in the matter before clause (i), by striking 
``in any criminal proceeding'' and inserting ``in any 
criminal, civil, or administrative proceeding''; and
(C) in clause (ii), by striking ``the criminal 
proceeding'' both places it appears and inserting ``the 
proceeding''.

SEC. 103. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND 
PERSONS LOCATED IN THE UNITED STATES.

Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a), as amended by section 101, is further amended--
(1) in subsection (b)--
(A) by redesignating paragraph (6) as paragraph 
(7); and
(B) by inserting after paragraph (5) the following:
``(6) may not intentionally target a person reasonably 
believed to be located outside the United States if a 
significant purpose of such acquisition is to acquire the 
information of one or more particular, known covered persons, 
unless--
``(A)(i) there is a reasonable belief that an 
emergency exists involving an imminent threat of death 
or serious bodily harm to such covered persons;
``(ii) the information is sought for the purpose of 
assisting that covered persons; and
``(iii) not later than 14 days after the targeting, 
a description of the targeting is provided to the 
Foreign Intelligence Surveillance Court and the 
appropriate committees of Congress; or
``(B) the covered persons have provided consent to 
the targeting, or if such persons are incapable of 
providing consent, a third party legally authorized to 
consent on behalf of such covered person has provided 
consent;'';
(2) in subsection (d)(1), by amending subparagraph (A) to 
read as follows:
``(A) ensure that--
``(i) any acquisition authorized under 
subsection (a) is limited to targeting persons 
reasonably believed to be non-United States 
persons located outside the United States; and
``(ii) except as provided in subsection 
(b)(6), it is not a significant purpose of an 
acquisition to acquire the information of one 
or more particular, known covered persons; 
and'';
(3) in subsection (h)(2)(A)(i), by amending subclause (I) 
to read as follows:
``(I) ensure that--
``(aa) an acquisition 
authorized under subsection (a) 
is limited to targeting persons 
reasonably believed to be non-
United States persons located 
outside the United States; and
``(bb) except as provided 
in subsection (b)(6), it is not 
a significant purpose of an 
acquisition to acquire the 
information of one or more 
particular, known covered 
persons; and''; and
(4) in subsection (j)(2)(B), by amending clause (i) to read 
as follows:
``(i) ensure that--
``(I) an acquisition authorized 
under subsection (a) is limited to 
targeting persons reasonably believed 
to be non-United States persons located 
outside the United States; and
``(II) except as provided in 
subsection (b)(6), it is not a 
significant purpose of an acquisition 
to acquire the information of one or 
more particular, known covered persons; 
and''.

SEC. 104. DATA RETENTION LIMITS FOR INFORMATION COLLECTED UNDER SECTION 
702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

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

``SEC. 710. DATA RETENTION LIMITS.

``(a) Policy.--The Attorney General shall develop, and the heads of 
the elements of the intelligence community shall implement, procedures 
governing the retention of information collected pursuant to section 
702.
``(b) Covered Information.--For purposes of this section, `covered 
information' includes--
``(1) any information or communication pertaining to a 
covered person, including an encrypted communication to or from 
a covered person, that has been evaluated and is not 
specifically known to contain foreign intelligence information; 
and
``(2) any unevaluated information, unless it can reasonably 
be determined that the unevaluated information does not 
contain--
``(A) any information pertaining to a covered 
person; or
``(B) any communication to or from a covered 
person, regardless of whether such communication is 
encrypted.
``(c) Requirements.--The procedures developed and implemented 
pursuant to subsection (a) shall ensure, with respect to information 
described in such subsection, that covered information shall be 
destroyed within 5 years of collection unless the Attorney General 
determines in writing that--
``(1) the information is the subject of a preservation 
obligation in pending administrative, civil, or criminal 
litigation, in which case the information shall be segregated, 
retained, and used solely for that purpose and shall be 
destroyed as soon as it is no longer required to be preserved 
for such litigation; or
``(2) the information is being used in a proceeding or 
investigation consistent with section 706(a).''.
(b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 709 the 
following:

``Sec. 710. Data retention limits.''.

SEC. 105. FOREIGN INTELLIGENCE SURVEILLANCE COURT SUPERVISION OF 
DEMANDS FOR TECHNICAL ASSISTANCE FROM ELECTRONIC 
COMMUNICATION SERVICE PROVIDERS UNDER SECTION 702 OF THE 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

Section 702(i)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(i)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses 
(i) and (ii), respectively, and moving such clauses 2 ems to 
the right;
(2) in the matter before clause (i), as redesignated by 
paragraph (1), by striking ``With respect to'' and inserting 
the following:
``(A) In general.--Subject to subparagraph (B), in 
carrying out''; and
(3) by adding at the end the following:
``(B) Limitations.--Neither the Attorney General 
nor the Director of National Intelligence may direct 
technical assistance from an electronic communication 
service provider under subparagraph (A) without 
demonstrating that the assistance sought--
``(i) is necessary;
``(ii) is narrowly tailored to the 
surveillance at issue; and
``(iii) would not pose an undue burden on 
the electronic communication service provider 
or its customers who are not intended targets 
of the surveillance.
``(C) Compliance.--An electronic communication 
service provider is not obligated to comply with a 
directive to provide technical assistance under this 
paragraph unless--
``(i) such assistance is a manner or method 
that has been explicitly approved by the Court; 
and
``(ii) the Court issues an order, which has 
been delivered to the provider, explicitly 
describing the assistance to be furnished by 
the provider that has been approved by the 
Court.''.

SEC. 106. PROHIBITION ON WARRANTLESS ACQUISITION OF DOMESTIC 
COMMUNICATIONS PURSUANT TO SECTION 702 OF THE FOREIGN 
INTELLIGENCE SURVEILLANCE ACT OF 1978.

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

SEC. 107. REQUIREMENT OF PRIMARY FOREIGN INTELLIGENCE PURPOSE.

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

SEC. 108. REPORTS TO CONGRESS ON SENSITIVE QUERIES.

Section 702(f)(3)(D) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1881a(f)(3)(D)) is amended by adding at the end the 
following:
``(vii) Reports to congress.--Not less 
frequently than once each year, the Attorney 
General shall submit to the appropriate 
committees of Congress an annual report on the 
number of sensitive queries made in the year 
covered by the report, disaggregated by the 
subclause of clause (ii) under which the 
queries were approved.''.

SEC. 109. REPEAL OF EXPANDED DEFINITION OF ELECTRONIC COMMUNICATION 
SERVICE PROVIDER.

(a) Definition With Respect to Additional Procedures Regarding 
Certain Persons Outside the United States.--Section 701(b)(4) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)) is 
amended--
(1) in subparagraph (F)--
(A) by striking ``custodian,''; and
(B) by striking ``(D), or (E)'' and inserting ``or 
(D)'';
(2) by striking subparagraph (E);
(3) in subparagraph (D), by striking the semicolon and 
inserting ``; or''; and
(4) by redesignating subparagraph (F) as subparagraph (E).
(b) Definition With Respect to Protection of Persons Assisting the 
Government.--Section 801(6) of such Act (50 U.S.C. 1885(6)) is 
amended--
(1) in subparagraph (G)--
(A) by striking ``custodian,''; and
(B) by striking ``(E), or (F)'' and inserting ``or 
(E)'';
(2) by striking subparagraph (E);
(3) in subparagraph (F), by striking the semicolon and 
inserting ``; or''; and
(4) by redesignating subparagraphs (F) and (G) as 
subparagraphs (E) and (F), respectively.
(c) Treatment of Certain Section 702 Directives.--Any directive 
issued pursuant to section 702(i) of such Act (50 U.S.C. 1881a(i)) to a 
person who was considered an electronic communication service provider 
pursuant to section 701(b)(4) of such Act (50 U.S.C. 1881(b)(4)) as 
such section was in effect during the period beginning on April 20, 
2024, and ending on the date of the enactment of this Act, but is not 
an electronic communication service provider pursuant to such section 
as in effect after the date of the enactment of this Act, shall be 
considered null and void.

SEC. 110. REPEAL OF EXPANDED QUERYING REQUIREMENTS FOR PERSONS 
TRAVELING TO THE UNITED STATES.

Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(f)), as amended by section 101, is further amended--
(1) by striking paragraph (6); and
(2) by redesignating paragraph (7), as added by section 
101, as paragraph (6).

SEC. 111. FOUR-YEAR EXTENSION OF SECTION 702 OF THE FOREIGN 
INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) Extension.--Section 403(b) of the FISA Amendments Act of 2008 
(Public Law 110-261) is amended--
(1) in paragraph (1) (50 U.S.C. 1881-1881g note)--
(A) by striking ``effective two years after the 
date of enactment of the Reforming Intelligence and 
Securing America Act'' and inserting ``effective April 
20, 2030''; and
(B) by striking ``and the Reforming Intelligence 
and Securing America Act'' and inserting ``, the 
Reforming Intelligence and Securing America Act, and 
the Government Surveillance Reform Act of 2026''; and
(2) in paragraph (2) (18 U.S.C. 2511 note), in the matter 
preceding subparagraph (A), by striking ``two years after the 
date of enactment of the Reforming Intelligence and Securing 
America Act'' and inserting ``April 20, 2030''.
(b) Conforming Amendments.--Section 404(b) of the FISA Amendments 
Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 note) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``two 
years after the date of enactment of the reforming 
intelligence and securing america act'' and inserting 
``April 20, 2030''; and
(B) by striking ``and the Reforming Intelligence 
and Securing America Act'' and inserting ``, the 
Reforming Intelligence and Securing America Act, and 
the Government Surveillance Reform Act of 2026''; and
(2) in paragraph (2), in the matter before subparagraph 
(A), by striking ``and the Reforming Intelligence and Securing 
America Act'' and inserting ``, the Reforming Intelligence and 
Securing America Act, and the Government Surveillance Reform 
Act of 2026''.

TITLE II--FOURTH AMENDMENT IS NOT FOR SALE ACT

SEC. 201. PROHIBITION ON FEDERAL LAW ENFORCEMENT PURCHASE OF PERSONAL 
DATA FROM DATA BROKERS.

Section 2702 of title 18, United States Code, is amended by adding 
at the end the following:
``(e) Prohibition on Obtaining in Exchange for Anything of Value 
Personal Data by Federal Law Enforcement Agencies.--
``(1) Definitions.--In this subsection and subsections (f) 
and (g)--
``(A) the term `biometric information'--
``(i) means any covered personal data that 
allows or confirms the unique identification or 
verification of an individual and is generated 
from the measurement or processing of unique 
biological, physical, or physiological 
characteristics, including--
``(I) fingerprints;
``(II) voice prints;
``(III) iris or retina imagery 
scans;
``(IV) facial or hand mapping, 
geometry, or templates; and
``(V) gait; and
``(ii) does not include--
``(I) a digital or physical 
photograph;
``(II) an audio or video recording; 
or
``(III) data derived from a digital 
or physical photograph or an audio or 
video recording that cannot be used to 
identify or authenticate a specific 
individual;
``(B) the term `covered organization' means a 
person who--
``(i) is not a governmental entity; and
``(ii) is not an individual, unless such 
individual is an agent of, or otherwise acting 
on behalf of, a person who is not a 
governmental entity and is not an individual;
``(C) the term `covered person' means an individual 
who--
``(i) is reasonably believed to be located 
inside the United States at the time of the 
creation of the covered personal data; or
``(ii) is a United States person, as 
defined in section 101 of the Foreign 
Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801);
``(D) the term `covered personal data' means 
personal data relating to a covered person;
``(E) the term `electronic device' has the meaning 
given the term `computer' in section 1030(e);
``(F) the term `Federal law enforcement agency' 
means a law enforcement agency of a department or 
agency of the United States;
``(G) the term `lawfully obtained public data' 
means covered personal data obtained by a particular 
covered organization--
``(i) that the covered organization 
reasonably understood to have been voluntarily 
made available to the general public by the 
covered person;
``(ii) that the covered organization 
obtained in compliance with all applicable laws 
and regulations; and
``(iii) if the covered organization did not 
initially obtain the covered personal data 
after the covered personal data was made 
available to the general public--
``(I) that the covered organization 
reasonably understood to have been 
obtained in compliance with all 
applicable laws and regulations by--
``(aa) the person that 
initially obtained the covered 
personal data; and
``(bb) if the covered 
organization did not obtain the 
covered personal data from the 
person described in item (aa), 
each other person in the 
sequence of transfers of the 
covered personal data leading 
up to the obtaining of the 
covered personal data by the 
covered organization; and
``(II) with respect to which the 
covered organization receives an 
attestation under penalty of perjury--
``(aa) by the person that 
initially obtained the covered 
personal data indicating that 
the covered personal data was 
voluntarily made available to 
the general public by the 
covered person and was obtained 
in compliance with all 
applicable laws and 
regulations; and
``(bb) if the covered 
organization did not obtain the 
covered personal data from the 
person described in item (aa), 
by each other person in the 
sequence of transfers of the 
covered personal data leading 
up to the obtaining of the 
covered personal data by the 
covered organization indicating 
that such person reasonably 
understood the data to have 
been lawfully obtained public 
data;
``(H) the term `obtain in exchange for anything of 
value' means to obtain by purchasing, to receive in 
connection with services being provided for monetary or 
nonmonetary consideration, or to otherwise obtain in 
exchange for consideration, including an access fee, 
service fee, maintenance fee, or licensing fee;
``(I) the term `personal data'--
``(i) means data, derived data, or any 
unique identifier that is linked to, or is 
reasonably linkable to, an individual or to an 
electronic device that is linked to, or is 
reasonably linkable to, 1 or more individuals 
in a household;
``(ii) includes anonymized data that, if 
combined with other data, can be linked to, or 
is reasonably linkable to, an individual or to 
an electronic device that identifies, is linked 
to, or is reasonably linkable to 1 or more 
individuals in a household; and
``(iii) does not include data that is 
lawfully available through Federal, State, or 
local government records or through widely 
distributed media; and
``(J) the term `State or local law enforcement 
agency' means a law enforcement department or agency of 
a State, or a political subdivision of a State.
``(2) Limitation.--
``(A) In general.--
``(i) Prohibition.--Subject to clauses (ii) 
through (vii), a Federal law enforcement agency 
may not obtain in exchange for anything of 
value covered personal data if--
``(I) the covered personal data is 
directly or indirectly obtained from a 
covered organization; or
``(II) the covered personal data is 
derived from covered personal data that 
was directly or indirectly obtained 
from a covered organization.
``(ii) Exception for certain compilations 
of data.--A Federal law enforcement agency may 
obtain in exchange for something of value 
covered personal data as part of a larger 
compilation of data which includes personal 
data about persons who are not covered persons, 
if--
``(I) the Federal law enforcement 
agency is unable through reasonable 
means to exclude covered personal data 
from the larger compilation obtained; 
and
``(II) the Federal law enforcement 
agency minimizes any covered personal 
data from the larger compilation, in 
accordance with the requirements 
described in, and the procedures 
established under, subsection (f).
``(iii) Exception for whistleblower 
disclosures to law enforcement.--Clause (i) 
shall not apply to covered personal data that 
is obtained by a Federal law enforcement agency 
under a program established by an Act of 
Congress under which a portion of a penalty or 
a similar payment or bounty is paid to an 
individual who discloses information about an 
unlawful activity to the Government, such as 
the program authorized under section 7623 of 
the Internal Revenue Code of 1986 (relating to 
awards to whistleblowers in cases of 
underpayments or fraud).
``(iv) Exception for cost reimbursement 
under compulsory legal process.--Clause (i) 
shall not apply to covered personal data that 
is obtained by a Federal law enforcement agency 
from a covered organization in accordance with 
compulsory legal process that--
``(I) is established by statute; 
and
``(II) provides for the 
reimbursement of costs of the covered 
organization that are incurred in 
connection with providing the record or 
information to the Federal law 
enforcement agency, such as the 
reimbursement of costs under section 
2706.
``(v) Exception for employment-related 
use.--Clause (i) shall not apply to covered 
personal data about an employee of, or 
applicant for employment by, a Federal law 
enforcement agency that is--
``(I) obtained by the Federal law 
enforcement agency for lawful 
employment-related purposes;
``(II) accessed and used by the 
Federal law enforcement agency only for 
such employment-related purposes; and
``(III) destroyed at such time as 
the covered personal data is no longer 
needed for employment-related purposes.
``(vi) Exception for use in background 
checks.--Clause (i) shall not apply to covered 
personal data about a covered person that is--
``(I) obtained by a Federal law 
enforcement agency for purposes of 
conducting a background check of the 
covered person with the written consent 
of the covered person;
``(II) accessed and used by the 
Federal law enforcement agency only for 
background check-related purposes; and
``(III) destroyed at such time as 
the covered personal data is no longer 
needed for background check-related 
purposes.
``(vii) Exception for lawfully obtained 
public data.--
``(I) In general.--Except as 
provided in subclause (II) or (III) of 
this clause, clause (i) shall not apply 
to covered personal data that is 
obtained by a Federal law enforcement 
agency if--
``(aa) the Federal law 
enforcement agency reasonably 
believes that--

``(AA) the covered 
personal data is 
lawfully obtained 
public data; or

``(BB) the covered 
personal data is 
derived from covered 
personal data that 
solely consists of 
lawfully obtained 
public data; and

``(bb) the Federal law 
enforcement agency receives--

``(AA) an 
attestation under 
penalty of perjury from 
the person providing 
the covered personal 
data that the covered 
personal data is 
lawfully obtained 
public data or is 
derived from covered 
personal data that 
solely consists of 
lawfully obtained 
public data; and

``(BB) each 
attestation described 
in paragraph 
(1)(G)(iii) with 
respect to the lawfully 
obtained public data.

``(II) Exception for biometric 
information.--The exception under 
subclause (I) shall not apply to 
biometric information.
``(III) Exception for location 
information.--The exception under 
subclause (I) shall not apply to 
location information.
``(B) Indirectly acquired records and 
information.--The limitation under subparagraph (A) 
shall apply without regard to whether the covered 
organization possessing the covered personal data is 
the covered organization that initially obtained, 
collected, or received the disclosure of the covered 
personal data.
``(3) Limit on sharing between agencies.--
``(A) In general.---A Federal law enforcement 
agency may not acquire, receive, query, or otherwise 
obtain or access covered personal data from any 
governmental entity (without regard to whether the 
governmental entity is a Federal entity), if the 
covered personal data was obtained by that governmental 
entity in a manner that would violate paragraph (2) if 
the Federal law enforcement agency directly obtained 
the covered personal data in a like manner.
``(B) Causation not required.---The prohibition in 
subparagraph (A) shall apply without regard to whether 
the Federal law enforcement agency caused the 
governmental entity to obtain the covered personal 
data.
``(C) Attestation required.---A Federal law 
enforcement agency may only acquire, receive, query, or 
otherwise obtain or access covered personal data from 
another governmental entity (without regard to whether 
the governmental entity is a Federal entity), if the 
Federal law enforcement agency obtains an attestation 
that the covered personal data was not obtained by that 
governmental entity in a manner that would violate 
paragraph (2) if the Federal law enforcement agency 
directly obtained the covered personal data in a like 
manner.
``(D) Destruction upon acquisition of knowledge.---
If a Federal law enforcement agency learns that the 
Federal law enforcement agency previously acquired, 
received, queried, or otherwise obtained or accessed 
covered personal data from any governmental entity 
(without regard to whether the governmental entity is a 
Federal entity) that the governmental entity obtained 
in a manner described in subparagraph (A), the Federal 
law enforcement agency may not use or disseminate the 
covered personal data or any information derived from 
the covered personal data, and shall promptly destroy 
any such covered personal data that is still retained.
``(4) Prohibition on use as evidence by federal law 
enforcement agencies.--
``(A) In general.--Covered personal data acquired, 
received, queried, or otherwise obtained or accessed by 
a Federal law enforcement agency in violation of 
paragraph (2) or (3), and any evidence derived 
therefrom, may not be used, received in evidence, or 
otherwise disseminated by, on behalf of, or upon a 
motion or other action by a Federal law enforcement 
agency in any investigation, trial, hearing, or other 
proceeding by, in, or before any court, grand jury, 
department, officer, agency, regulatory body, 
legislative committee, or other authority of the United 
States, a State, or a political subdivision thereof.
``(B) Use by aggrieved parties.--Nothing in 
subparagraph (A) shall be construed to limit the use of 
covered personal data by a covered person aggrieved of 
a violation of paragraph (2) or (3) in connection with 
any action relating to such a violation.
``(f) Minimization Procedures.--
``(1) Adoption.--
``(A) In general.--The Attorney General shall adopt 
specific procedures that are reasonably designed to 
minimize the acquisition and retention, and to restrict 
the querying, of covered personal data, and prohibit 
the dissemination of information derived from covered 
personal data, which shall include procedures to 
enforce the requirements of paragraphs (2), (3), and 
(4).
``(B) Periodic review.--Not later than 3 years 
after the date of enactment of the Government 
Surveillance Reform Act of 2026, and every 3 years 
thereafter, the Attorney General shall--
``(i) review the procedures adopted under 
subparagraph (A);
``(ii) publish a determination regarding 
whether the procedures need to be revised, in 
light of new technologies or violations of the 
procedures; and
``(iii) adopt any necessary revisions to 
the procedures.
``(2) Acquisition and retention.--Each Federal law 
enforcement agency shall--
``(A) exhaust all reasonable means--
``(i) to exclude covered personal data that 
is not subject to 1 or more of the exceptions 
set forth in clauses (iii) through (vii) of 
subsection (e)(2)(A) from the data obtained; 
and
``(ii) to remove and delete covered 
personal data described in clause (i) after a 
compilation is obtained and before operational 
use of the compilation or inclusion of the 
compilation in a dataset intended for 
operational use; and
``(B) audit the acquisition and retention of 
covered personal data by the Federal law enforcement 
agency on an ongoing and continuous basis, to evaluate 
compliance with the procedures adopted under paragraph 
(1).
``(3) Destruction.--If a Federal law enforcement agency 
identifies covered personal data in a compilation described in 
paragraph (2)(A)(ii), the Federal law enforcement agency shall 
promptly destroy the covered personal data and any 
dissemination of information derived from the covered personal 
data shall be prohibited.
``(4) Querying.--
``(A) In general.--Except as provided in 
subparagraphs (B) and (C), no officer or employee of a 
Federal law enforcement agency may conduct a query of 
personal data, including personal data already 
subjected to minimization, in an effort to find records 
of or about 1 or more particular covered persons.
``(B) Exceptions.--Subparagraph (A) shall not apply 
to a query related to 1 or more particular covered 
persons if--
``(i) such covered persons are the subject 
of a court order issued under this title or the 
Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) that would authorize 
the Federal law enforcement agency to compel 
the production of the covered personal data, 
during the effective period of that order;
``(ii) the officer or employee of a Federal 
law enforcement agency carrying out the query 
has a reasonable belief that the life or safety 
of such covered persons are threatened and the 
information is sought for the purpose of 
assisting such covered persons, in which case 
information resulting from the query may be 
accessed or used solely for that purpose and 
shall be destroyed at such time as it is no 
longer necessary for such purpose; or
``(iii) such covered persons have consented 
to the query.
``(C) Special rule for compilations of data.--For a 
query of a compilation of data obtained under 
subsection (e)(2)(A)(ii)--
``(i) each query shall be reasonably 
designed to exclude personal data of covered 
persons; and
``(ii) any personal data of covered persons 
returned pursuant to a query shall not be 
reviewed and shall immediately be destroyed.
``(g) Transparency Requirements.--
``(1) Definition of covered federal funds.--In this 
subsection, the term `covered Federal funds' means--
``(A) funds provided under the Edward Byrne 
Memorial Justice Assistance Grant Program under subpart 
1 of part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.);
``(B) funds provided through the Office of 
Community Oriented Policing Services;
``(C) funds received under an in-kind grant made 
under section 2576 of title 10;
``(D) funds received under an in-kind grant made 
via a transfer made under section 981 of this title; or
``(E) funds received under any other Federal 
program that offers assistance to a law enforcement 
agency similar to the assistance under the programs 
described in subparagraphs (A) through (D).
``(2) Reporting.--If a State or local law enforcement 
agency, using any means or facility of interstate or foreign 
commerce, through activities in or affecting interstate or 
foreign commerce, or by using covered Federal funds, obtains 
covered personal data in a manner that would violate subsection 
(e)(2) if obtained by a Federal law enforcement agency in a 
like manner, the State or local law enforcement agency shall 
publicly report, not less frequently than once per year--
``(A) the total amount in dollars of anything of 
value exchanged for such covered personal data during 
the preceding year, which shall be disaggregated into 
money directly exchanged and the estimated value of the 
other things of value that were exchanged;
``(B) the categories of covered personal data 
obtained in such a manner in the preceding year, 
including whether the agency obtained location 
information, biometric information, web browsing data, 
or metadata of communications; and
``(C) an estimate of the total number of covered 
persons whose covered data was obtained in such a 
manner in the preceding year.''.

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

SEC. 301. COURT SUPERVISION OF COLLECTION TARGETING UNITED STATES 
PERSONS AND PERSONS LOCATED INSIDE THE UNITED STATES.

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

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

``(a) Warrant Requirement.--No officer or employee of the Federal 
Government may intentionally target a covered person for the purpose of 
acquiring foreign intelligence information, where such acquisition 
would be of communications content, location information, web browsing 
history, or internet search history of the covered person, or the 
acquisition would occur under circumstances in which the person has a 
reasonable expectation of privacy, or a warrant would be required for 
the acquisition of such information if the officer or employee sought 
to compel production of the information inside the United States for 
law enforcement purposes, unless such person is the subject of--
``(1) an order or emergency authorization under section 105 
or 304 of this Act covering the period of the acquisition and 
the acquisition is subject to the use, dissemination, querying, 
retention, and other minimization limitations required by such 
order or authorization; or
``(2) a warrant issued pursuant to the Federal Rules of 
Criminal Procedure by a court of competent jurisdiction 
covering the period of the acquisition and the acquisition is 
subject to the use, dissemination, querying, retention, and 
other minimization limitations required by such warrant.
``(b) Pen Register or Trap and Trace.--No officer or employee of 
the Federal Government may intentionally target a covered person for 
the purpose of collecting foreign intelligence information through the 
installation and use of a pen register or trap and trace device, or to 
acquire information the compelled production of which would require a 
pen register or trap and trace device order if conducted inside the 
United States, unless such person is the subject of--
``(1) an order or emergency authorization under title IV of 
this Act covering the period of the acquisition and the 
acquisition is subject to the use, dissemination, querying, 
retention, and other minimization limitations required by such 
authorization; or
``(2) an order has been issued pursuant to section 3123 of 
title 18, United States Code, by a court of competent 
jurisdiction covering the period of the acquisition.
``(c) Matters Relating to Emergency Acquisition.--If an acquisition 
is conducted pursuant to an emergency authorization described in 
subsection (a)(1) or (b)(1) and the subsequent application to authorize 
electronic surveillance, a physical search, an acquisition, or the 
installation and use of a pen register or trap and trace device 
pursuant to section 105(e), 304(e), or 403(a) of this Act is denied, or 
in any other case in which the acquisition has been conducted and no 
order is issued approving the acquisition--
``(1) no information obtained or evidence derived from such 
acquisition may be used, received in evidence, or otherwise 
disseminated in any investigation, trial, hearing, or other 
proceeding in or before any court, grand jury, department, 
office, agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or political 
subdivision thereof; and
``(2) no information obtained or evidence derived from such 
acquisition concerning a covered person may subsequently be 
used or disclosed in any other manner without the consent of 
such person, except with the approval of the Attorney General, 
if the information indicates a threat of death or serious 
bodily harm to any person.
``(d) Rule of Construction.--Subsections (a), (b), and (c) shall 
apply regardless of the location of the acquisition.''.
(b) Conforming Amendments.--The Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is further amended--
(1) in section 601(a)(1) (50 U.S.C. 1871(a)(1))--
(A) by striking subparagraphs (D) through (F); and
(B) in subparagraph (B), by striking the semicolon 
and inserting ``; and'';
(2) in section 603(b)(1) (50 U.S.C. 1873(b)(1)), in the 
matter before subparagraph (A), by striking ``and sections 703 
and 704''; and
(3) in section 706 (50 U.S.C. 1881e), by striking 
subsection (b).
(c) Clerical Amendment.--The table of contents for such Act is 
amended--
(1) by striking the items relating to sections 703, 704, 
and 705; and
(2) by inserting after the item relating to section 702 the 
following:

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

SEC. 302. CONSISTENT DISCLOSURES OF RELEVANT INFORMATION IN TITLE V AND 
OTHER FISA APPLICATIONS.

(a) Consistent Procedures for Title V and Other FISA 
Applications.--The Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended in section 104(a)(12), in the matter 
before subparagraph (A), section 303(a)(10), in the matter before 
subparagraph (A), and section 402(c)(4), in the matter before 
subparagraph (A), are amended by inserting ``, and that the application 
fairly reflects all information,'' after ``apprised of all 
information'' each place it appears.
(b) Technical Corrections.--Such Act is further amended--
(1) in section 104(a)--
(A) in paragraph (9), by striking ``; and'' and 
inserting a semicolon;
(B) in paragraph (11), by striking ``; and'' and 
inserting a semicolon; and
(C) in paragraph (12)(B), by striking the period at 
the end and inserting ``; and'';
(2) in section 303(a)--
(A) in paragraph (9), by striking ``; and'' and 
inserting a semicolon; and
(B) in paragraph (10)(B), by striking the period at 
the end and inserting ``; and''; and
(3) in section 502(b)(2), by redesignating subparagraphs 
(E) and (F) as subparagraphs (C) and (D), respectively.

SEC. 303. STRENGTHENING ACCURACY PROCEDURES.

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

``TITLE IX--REQUIRED DISCLOSURE OF RELEVANT INFORMATION

``SEC. 901. CERTIFICATION REGARDING ACCURACY PROCEDURES.

``(a) Definition of Accuracy Procedures.--In this section, the term 
`accuracy procedures' means specific procedures, adopted by the 
Attorney General, to ensure that an application for a court order under 
this Act, including any application for renewal of an existing order, 
is accurate and complete, including procedures that ensure, at a 
minimum, that--
``(1) the application reflects all information that might 
reasonably call into question the accuracy of the information 
or the reasonableness of any assessment in the application, or 
otherwise raises doubts about the requested findings;
``(2) the application reflects all material information 
that might reasonably call into question the reliability and 
reporting of any information from a confidential human source 
that is used in the application;
``(3) a complete file documenting each factual assertion in 
an application is maintained;
``(4) the applicant coordinates with the appropriate 
elements of the intelligence community (as defined in section 3 
of the National Security Act of 1947 (50 U.S.C. 3003)), 
concerning any prior or existing relationship with the target 
of any surveillance, search, or other means of investigation, 
and discloses any such relationship in the application;
``(5) before any application targeting a United States 
person is made, the applicant Federal officer or employee 
documents that the officer or employee has collected and 
reviewed for accuracy and completeness supporting documentation 
for each factual assertion in the application; and
``(6) the applicant Federal agency establishes compliance 
and auditing mechanisms on an annual basis to assess the 
efficacy of the accuracy procedures that have been adopted and 
reports such findings to the Attorney General.
``(b) Statement and Certification of Accuracy Procedures.--Any 
Federal officer or employee 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 employee, or their designee; and
``(2) a certification that the officer or employee, or 
their 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.''.
(b) Clerical Amendment.--The table of contents of the Foreign 
Intelligence Surveillance Act of 1978 is amended by adding at the end 
the following:

``TITLE IX--REQUIRED DISCLOSURE OF RELEVANT INFORMATION

``901. Certification regarding accuracy procedures.''.
(c) Timeline To Adopt New Accuracy Procedures.--
(1) In general.--Not later than 180 days after the date of 
the enactment of this Act, the Attorney General shall issue 
accuracy procedures (as defined in section 901(a) of the 
Foreign Intelligence Surveillance Act of 1978, as added by 
subsection (a)).
(2) Repeal of accuracy procedures requirement from risaa.--
On the day that is 180 days after the date of the enactment of 
this Act, paragraph (7) of section 10(a) of the Reforming 
Intelligence and Securing America Act (Public Law 118-49; 50 
U.S.C. 1804 note) is repealed.

SEC. 304. 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), as amended by section 2(a), 
is further amended by adding at the end the following:
``(t) 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 (t) of section 101 of such Act, as added by 
subsection (a).
(B) Guidance for all members of the intelligence 
community (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)) and all Federal 
agencies with law enforcement responsibilities 
concerning the application of such subsection (t).
(2) Modifications.--Whenever the Attorney General and the 
Director modify a policy or guidance published under paragraph 
(1), the Attorney General and the Director shall publish such 
modifications.

SEC. 305. SUNSET ON GRANDFATHER CLAUSE OF SECTION 215 OF THE USA 
PATRIOT ACT.

Section 102(b)(2) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note) 
is amended by inserting ``, except that title V of the Foreign 
Intelligence Surveillance Act of 1978, as in effect on March 14, 2020, 
shall cease to have effect on the date that is 180 days after the date 
of the enactment of the Government Surveillance Reform Act of 2026'' 
after ``continue in effect''.

SEC. 306. WRITTEN RECORD OF DEPARTMENT OF JUSTICE INTERACTIONS WITH 
FOREIGN INTELLIGENCE SURVEILLANCE COURT.

Section 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803) is amended by adding at the end the following:
``(n) Written Record of Interactions.--
``(1) Written communications.--The Attorney General shall 
maintain all written communications with the Foreign 
Intelligence Surveillance Court, including the identity of the 
employees of the court to or from whom the communications were 
made, regarding an application or order made under this title 
in a file associated with the application or order.
``(2) Oral communications.--The Attorney General shall--
``(A) document a summary of any oral communications 
with the Foreign Intelligence Surveillance Court 
including the identity of the employees of the court to 
or from whom the communications were made, relating to 
an application or order described in paragraph (1); and
``(B) keep such documentation in a file associated 
with the application or order.''.

SEC. 307. APPOINTMENT OF AMICI CURIAE AND ACCESS TO INFORMATION.

(a) Expansion of Appointment Authority.--
(1) In general.--Section 103(i)(2) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)) is 
amended--
(A) in subparagraph (A)--
(i) by striking clause (i) and inserting 
the following:
``(i) shall appoint one or more individuals 
who have been designated under paragraph (1) 
and who possesses expertise in privacy and 
civil liberties to serve as amicus curiae to 
assist such court in the consideration of any 
application or motion for an order or review, 
unless the court issues a written finding that 
such application neither presents nor 
involves--
``(I) a novel or significant 
interpretation of the law;
``(II) a significant concern 
related to constitutional rights;
``(III) a sensitive investigative 
matter;
``(IV) a request for approval of a 
new program, a new technology, or a new 
use of existing technology;
``(V) a request for reauthorization 
of programmatic surveillance; or
``(VI) any other privacy or civil 
liberties issue for which an 
appointment of an amicus curiae to 
assist the court in the consideration 
of the application would be 
appropriate;'';
(ii) in clause (ii), by striking ``; and'' 
and inserting a period;
(iii) by redesignating clause (ii) as 
clause (iv) and moving such clause so as to 
appear after clause (iii);
(iv) by inserting after clause (i) the 
following:
``(ii) shall appoint one or more 
individuals who have been designated under 
paragraph (1) and who possesses technical 
expertise to serve as amicus curiae to assist 
such court in the consideration of any 
application for an order or review, unless the 
court issues a written finding that such 
application neither presents nor involves--
``(I) a request for approval of a 
new program, a new technology, or a new 
use of existing technology;
``(II) a request for approval of a 
previously authorized program, 
technology, or use of existing 
technology for which no prior 
application for approval of such 
program, technology, or use was 
considered by the court with the 
assistance of an amicus curiae who 
possesses technical expertise; or
``(III) a technical issue material 
to any legal determination for which an 
appointment of an amicus curiae who 
possesses technical expertise to assist 
the court in the consideration of the 
application would be appropriate;''; 
and
(v) in clause (iii), by striking ``, unless 
the court issues a finding that such 
appointment is not appropriate or is likely to 
result in undue delay.'' and inserting ``; 
and''; and
(B) by striking subparagraph (B).
(2) Definition of sensitive investigative matter.--Section 
103(i) of such Act (50 U.S.C. 1803(i)) is amended by adding at 
the end the following:
``(12) Definition of sensitive investigative matter.--In 
this subsection, the term `sensitive investigative matter' 
means--
``(A) an investigative matter involving the 
activities of--
``(i) a domestic public official or 
political candidate, or an individual serving 
on the staff of such an official or candidate;
``(ii) a domestic religious or political 
organization, or a known or suspected United 
States person prominent in such an 
organization; or
``(iii) the domestic news media; or
``(B) any other investigative matter involving a 
domestic entity or a known or suspected United States 
person that, in the judgment of the Foreign 
Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review, is similarly 
as sensitive as an investigative matter described in 
subparagraph (A).''.
(3) Qualifications.--Section 103(i)(3)(A) of such Act (50 
U.S.C. 1803(i)(3)(A)) is amended--
(A) by inserting ``cybersecurity, cryptography,'' 
after ``communications technology,''; and
(B) by adding at the end the following: ``Of such 
individuals, at least one shall possess legal expertise 
and at least one shall possess technical expertise.''.
(4) Notification.--Section 103(i) of such Act (50 U.S.C. 
1803(i)) is amended by striking paragraph (7) and inserting the 
following:
``(7) Notification.--The presiding judge of the Foreign 
Intelligence Surveillance Court and the Foreign Intelligence 
Surveillance Court or Review shall, not less frequently than 
quarterly, provide to the Attorney General and the appropriate 
committees of Congress--
``(A) a notification of each appointment of an 
individual to serve as amicus curiae under paragraph 
(2); and
``(B) a copy of each written finding issued under 
paragraph (2).''.
(5) Section 702 recertification schedule.--Section 
702(j)(5)(A) of such Act (50 U.S.C. 1881a(j)(5)(A)) is amended 
by striking ``at least 30 days prior to the expiration of such 
authorization'' and inserting ``such number of days, not less 
than 30 days, before the expiration of such authorization as 
the Court considers necessary to permit review by amici curiae 
appointed under section 103(i)(2)(A)(iii).''.
(b) Authority To Seek Review.--Section 103(i) of such Act (50 
U.S.C. 1803(i)), as amended by subsection (a), is further amended--
(1) in paragraph (4)--
(A) in the paragraph heading, by inserting ``; 
authority'' after ``Duties'';
(B) in the matter preceding subparagraph (A), by 
striking ``shall'';
(C) in subparagraph (B)--
(i) in the matter preceding clause (i), by 
inserting ``shall'' before ``provide'';
(ii) in clause (i), by striking ``of United 
States persons'' and inserting the following: 
``, including legal arguments regarding any 
privacy or civil liberties interest of any 
United States person that would be 
significantly affected by the application or 
motion''; and
(iii) in clause (iii), by striking the 
period at the end and inserting ``; and'';
(D) by striking subparagraph (A);
(E) by redesignating subparagraph (B) as 
subparagraph (A); and
(F) by adding at the end the following:
``(B) may seek leave to raise any novel or 
significant privacy or civil liberties issue relevant 
to the application or motion or other issue directly 
affecting the legality of the proposed electronic 
surveillance with the court, regardless of whether the 
court has requested assistance on that issue.'';
(2) by redesignating paragraphs (7) through (12) as 
paragraphs (8) through (13), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) Authority to seek review of decisions.--
``(A) Foreign intelligence surveillance court 
decisions.--
``(i) Petition.--Following issuance of an 
order under this Act by the Foreign 
Intelligence Surveillance Court, an amicus 
curiae appointed under paragraph (2) may 
petition the Foreign Intelligence Surveillance 
Court to certify for review to the Foreign 
Intelligence Surveillance Court of Review a 
question of law pursuant to subsection (j).
``(ii) Denials.--If the Foreign 
Intelligence Surveillance Court denies a 
petition described in clause (i), the court 
shall provide for the record a written 
statement of the reasons for such denial.
``(iii) Certification.--Upon certification 
of any question of law pursuant to this 
subparagraph, the Foreign Intelligence 
Surveillance Court of Review shall appoint the 
amicus curiae to assist the Court of Review in 
its consideration of the certified question, 
unless the Court of Review issues a finding 
that such appointment is not appropriate.
``(B) Foreign intelligence surveillance court of 
review decisions.--An amicus curiae appointed under 
paragraph (2) may petition the Foreign Intelligence 
Surveillance Court of Review to certify for review to 
the Supreme Court of the United States any question of 
law pursuant to section 1254(2) of title 28, United 
States Code.
``(C) Declassification of referrals.--For purposes 
of section 602, a petition filed under subparagraph (A) 
or (B) of this paragraph and all of its content shall 
be considered a decision, order, or opinion issued by 
the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review 
described in paragraph (2) of section 602(a).''.
(c) Access to Information.--
(1) Application and materials.--Section 103(i)(6) of such 
Act (50 U.S.C. 1803(i)(6)) is amended--
(A) in subparagraph (A), by striking clauses (i) 
and (ii) and inserting the following:
``(i) shall have access to, to the extent 
such information is available to the 
Government--
``(I) the application, 
certification, petition, motion, and 
other information and supporting 
materials, including any information 
described in section 901, submitted to 
the Foreign Intelligence Surveillance 
Court in connection with the matter in 
which the amicus curiae has been 
appointed, including access to any 
relevant legal precedent (including any 
such precedent that is cited by the 
Government, including in such an 
application);
``(II) any other information or 
materials that the court determines is 
relevant to the duties of the amicus 
curiae; and
``(III) an unredacted copy of each 
relevant decision made by the Foreign 
Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court 
of Review in which the court decides a 
question of law, without regard to 
whether the decision is classified; and
``(ii) may make a submission to the court 
requesting access to any other particular 
materials or information (or category of 
materials or information) that the amicus 
curiae believes to be relevant to the duties of 
the amicus curiae.'';
(B) by redesignating subparagraph (D) as 
subparagraph (F); and
(C) by inserting after subparagraph (C) the 
following:
``(D) Supporting documentation regarding 
accuracy.--The Foreign Intelligence Surveillance Court, 
upon the motion of an amicus curiae appointed under 
paragraph (2) or upon its own motion, may require the 
Government to make available the supporting 
documentation described in section 902.''.
(2) Clarification of access to certain information.--
Section 103(i)(6) of such Act (50 U.S.C. 1803(i)(6)) is 
amended--
(A) in subparagraph (B), by striking ``The Attorney 
General may periodically'' and inserting ``Not less 
frequently than annually, the Attorney General shall''; 
and
(B) by striking subparagraph (C) and inserting the 
following:
``(C) Classified information.--An amicus curiae 
appointed by the court shall have access to, to the 
extent such information is available to the Government, 
unredacted copies of each opinion, order, transcript, 
pleading, or other document of the Foreign Intelligence 
Surveillance Court and the Foreign Intelligence 
Surveillance Court of Review, including, if the 
individual is eligible for access to classified 
information, any classified documents, information, and 
other materials or proceedings.''.
(3) Consultation among amici curiae.--Section 103(i)(6) of 
such Act (50 U.S.C. 1803(i)(6)), as amended by paragraphs (1) 
and (2), is further amended--
(A) by redesignating subparagraphs (B), (C), and 
(D) as subparagraphs (C), (D), and (E), respectively; 
and
(B) by inserting after subparagraph (A) the 
following:
``(B) Consultation.--If the Foreign Intelligence 
Surveillance Court or the Foreign Intelligence 
Surveillance Court of Review determines that it is 
relevant to the duties of an amicus curiae appointed 
under paragraph (2), the amicus curiae may consult with 
one or more of the other individuals designated to 
serve as amicus curiae under paragraph (1) regarding 
any of the information relevant to any assigned 
proceeding.''.

SEC. 308. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND 
OPINIONS.

Section 602 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1872) is amended by striking subsection (a) and inserting 
the following:
``(a) Declassification Required.--
``(1) In general.--Subject to subsection (b), the Director 
of National Intelligence, in consultation with the Attorney 
General, shall--
``(A) conduct a declassification review of each 
decision, order, or opinion issued by the Foreign 
Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review (as defined 
in section 601(e)) that is described in paragraph (2);
``(B) consistent with that review, make publicly 
available to the greatest extent practicable each such 
decision, order, or opinion; and
``(C) complete the declassification review required 
by subparagraph (A) and public release of each such 
decision, order, or opinion pursuant to subparagraph 
(B) by not later than 180 days after the date on which 
the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review 
issues such decision, order, or opinion.
``(2) Decision, order, or opinion described.--A decision, 
order, or opinion issued by the Foreign Intelligence 
Surveillance Court or the Foreign Intelligence Surveillance 
Court of Review that is described in this paragraph is any such 
decision, order, or opinion issued before, on, or after the 
date of the enactment of this Act that--
``(A) includes a significant construction or 
interpretation of any provision of law, including any 
novel or significant construction or interpretation of 
any term;
``(B) involves a sensitive investigative matter (as 
defined in section 103(i)(12)); or
``(C) has been nominated for a declassification 
review by an amicus curiae appointed by the court.''.

SEC. 309. CLARIFICATION OF FOREIGN INTELLIGENCE SURVEILLANCE COURT 
JURISDICTION OVER RECORDS OF THE COURT AND OTHER 
ANCILLARY MATTERS.

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

SEC. 310. GROUNDS FOR DETERMINING INJURY IN FACT IN CIVIL ACTIONS 
RELATING TO SURVEILLANCE UNDER THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978 OR PURSUANT TO EXECUTIVE 
AUTHORITY.

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

``TITLE X--ADDITIONAL MATTERS

``SEC. 1001. CHALLENGES TO GOVERNMENT SURVEILLANCE.

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

``TITLE X--ADDITIONAL MATTERS

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

SEC. 311. ACCOUNTABILITY PROCEDURES FOR VIOLATIONS BY FEDERAL 
EMPLOYEES.

(a) In General.--Title X of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881 et seq.), as added by section 310, is 
amended by adding at the end the following:

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

``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term 
`appropriate committees of Congress' has the meaning given such 
term in section 101.
``(2) Covered agency.--The term `covered agency' means the 
Federal Bureau of Investigation, the Central Intelligence 
Agency, the National Security Agency, and the National 
Counterterrorism Center.
``(3) Covered person.--The term `covered person' has the 
meaning given such term in section 701(b).
``(4) Covered violation.--The term `covered violation' 
means a violation of this Act, the Government Surveillance 
Reform Act of 2026, or Executive Order 12333 (50 U.S.C. 3001 
note; relating to United States intelligence activities), or 
successor order, by an employee of a covered agency that 
results in the inappropriate collection, use, querying, or 
dissemination of any communication, record, or information of a 
covered person.
``(5) Person, united states, and united states person.--The 
terms `person', `United States', and `United States person' 
have the meanings given such terms in section 101.
``(b) Accountability Procedures; Designated Investigative Entity.--
The head of each covered agency shall--
``(1) establish procedures to hold employees of the covered 
agency accountable for willful, knowing, reckless, and 
negligent covered violations; and
``(2)(A) designate an entity within the agency to 
investigate possible willful, knowing, reckless, and negligent 
covered violations; and
``(B) establish an internal process for the designated 
entity to determine culpability for willful, knowing, reckless, 
and negligent covered violations.
``(c) Elements.--The procedures established under subsection (b)(1) 
shall include the following:
``(1) Centralized tracking of individual employee 
performance incidents involving willful, knowing, reckless, and 
negligent covered violations, over time.
``(2) Escalating consequences for willful, knowing, 
reckless, and negligent covered violations, including--
``(A) consequences for an initial reckless or 
negligent covered violation, including, at a minimum--
``(i) suspension of access to information 
acquired under this Act or to the dataset that 
gave rise to the violation for not less than 90 
days; and
``(ii) documentation of the incident in the 
personnel file of each employee responsible for 
the violation;
``(B) consequences for a second reckless or 
negligent covered violation, including, at a minimum--
``(i) suspension of access to information 
acquired under this Act or to the dataset that 
gave rise to the violation for not less than 
180 days; and
``(ii) reassignment of each employee 
responsible for the violation;
``(C) consequences for a third reckless or 
negligent covered violation, including, at a minimum--
``(i) termination of security clearance; 
and
``(ii) reassignment or termination of each 
employee responsible for the violation;
``(D) consequences for an initial willful or 
knowing covered violation, including, at a minimum--
``(i) suspension of access to information 
acquired under this Act or to the dataset that 
gave rise to the violation for not less than 
180 days; and
``(ii) reassignment of each employee 
responsible for the violation; and
``(E) consequences for a second willful or knowing 
covered violation, including, at a minimum--
``(i) termination of security clearance; 
and
``(ii) reassignment or termination of each 
employee responsible for the violation.
``(d) Presumption of Termination.--
``(1) In general.--For purposes of subparagraphs (C)(ii) 
and (E)(ii) of subsection (c)(2), there shall be a presumption 
in favor of termination of an employee.
``(2) Justification.--If the head of a covered agency 
determines not to terminate an employee for a third reckless or 
negligent violation under subparagraph (C)(ii) of subsection 
(c)(2) or a second willful or knowing violation under 
subparagraph (E)(ii) of that subsection, the agency head shall 
submit to the appropriate committees of Congress a written 
justification for the determination.
``(e) Timing.--If a covered agency determines, through an 
investigation, that an employee committed a willful, knowing, reckless, 
or negligent covered violation, the agency head shall determine what 
consequences to impose on the employee under subsection (c)(2) not 
later than 60 days after the conclusion of the investigation.''.
(b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 1001, as added 
by section 310, the following:

``Sec. 1002. Accountability procedures for violations by Federal 
employees.''.
(c) Report Required.--
(1) In general.--Not later than 180 days after the date of 
the enactment of this Act, the head of each covered agency, as 
defined in section 1002 of the Foreign Intelligence 
Surveillance Act of 1978 (as added by subsection (a)), shall 
submit to the appropriate committees of Congress a report 
detailing--
(A) the procedures established under section 1002 
of the Foreign Intelligence Surveillance Act of 1978, 
as added by subsection (a); and
(B) a description of any actions taken pursuant to 
such procedures.
(2) Form.--The report required by paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex to the extent necessary to protect sources and methods.
(d) Deconfliction With RISAA Accountability Procedures.--
(1) In general.--Paragraph (4) of section 702(f) of such 
Act (50 U.S.C. 1881a(f)) is repealed.
(2) Conforming amendment.--Paragraph (6) of such section 
702(f), as added by section 101 and redesignated by section 
110, is redesignated as paragraph (4) and moved before 
paragraph (5) of such section 702(f).
(3) Effect date.--The amendments made by paragraphs (1) and 
(2) shall take effect on the date that is 180 days after the 
date of the enactment of this Act.

SEC. 312. REFORMS TO THE EXCLUSIVE MEANS LIMITATIONS UNDER THE FOREIGN 
INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) Chapter 119 of Title 18.--Section 2511(2)(f) of title 18, 
United States Code, is amended to read as follows:
``(f)(i) Other than as provided in subsection (ii), nothing 
contained in this chapter or chapter 121 or 206 of this title, or 
section 705 of the Communications Act of 1934 (47 U.S.C. 605), shall be 
deemed to affect the acquisition by the United States Government of 
foreign intelligence information from international or foreign 
communications, or foreign intelligence activities conducted in 
accordance with otherwise applicable Federal law involving a foreign 
electronic communications system, 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).
``(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 the United States Government may conduct--
``(A) electronic surveillance, as defined in section 101 of 
that Act;
``(B) the interception of wire, oral, and electronic 
communications within the United States or from a domestic 
electronic communications system; or
``(C) the interception of wire, oral, and electronic 
communications for which the sender and all intended recipients 
are located within the United States.''.
(b) Foreign Intelligence Surveillance Act.--Section 112 of the 
Foreign Intelligence Surveillance Act (50 U.S.C. 1812) is amended to 
read as follows:
``(a) Except as provided in subsection (b), the procedures of 
chapters 119, 121, and 206 of title 18 and this Act shall be the 
exclusive means by which the United States Government may conduct--
``(1) electronic surveillance, as defined in section 101;
``(2) the interception of wire, oral, and electronic 
communications within the United States or from a domestic 
electronic communications system; or
``(3) the interception of wire, oral, and electronic 
communications for which the sender and all intended recipients 
are located within the United States.
``(b) Only an express statutory authorization for electronic 
surveillance or the interception of wire, oral, or electronic 
communications described in subsection (a), other than as an amendment 
to this chapter or chapters 119, 121, or 206 of title 18, shall 
constitute an additional exclusive means for the purpose of subsection 
(a).
``(c) The procedures in this Act and title IV of the Government 
Surveillance Reform Act shall be the exclusive means by which the 
location information of 1 or more persons located in the United States 
may be acquired for foreign intelligence purposes by the United States 
Government.''.

TITLE IV--REFORMS RELATED TO SURVEILLANCE CONDUCTED FOR FOREIGN 
INTELLIGENCE PURPOSES OTHER THAN UNDER THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978

SEC. 401. DEFINITIONS.

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

SEC. 402. PROTECTIONS RELATED TO WARRANTLESS QUERIES FOR THE 
COMMUNICATIONS OF UNITED STATES PERSONS AND PERSONS 
LOCATED IN THE UNITED STATES.

(a) Definitions.--In this section:
(1) Covered information.--The term ``covered information'' 
includes--
(A) communications content; and
(B) information, the compelled disclosure of which 
would require a probable cause warrant if sought for 
law enforcement purposes inside the United States.
(2) Covered query.--The term ``covered query'' means a 
query--
(A) using a term associated with 1 or more covered 
persons; or
(B) for a significant purpose of retrieving 
information of, or concerning 1 or more covered 
persons.
(3) Query.--
(A) In general.--The term ``query'' means the use 
of 1 or more terms, whether conducted through manual or 
automated means, to retrieve any information described 
in subparagraph (B), including retrieval from a subset 
of such information, whether that subset was created by 
retrieval through a query or other means.
(B) Information described.--The information 
described in this subparagraph is information that was 
acquired for foreign intelligence purposes, other than 
acquisitions authorized by the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
regardless of whether such acquisition occurred inside 
or outside the United States.
(b) In General.--Except as provided in subsections (c) and (d), no 
officer or employee of the Federal Government may access covered 
information returned in response to a covered query.
(c) Exceptions for Concurrent Authorization, Consent, Emergency 
Situations, and Certain Defensive Cybersecurity Queries.--Subsection 
(b) shall not apply if--
(1) the covered person to whom the covered query relates is 
the subject of an order or emergency authorization authorizing 
electronic surveillance or physical search under section 105 or 
304 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1805, 1824), or a warrant issued pursuant to the Federal 
Rules of Criminal Procedure by a court of competent 
jurisdiction if--
(A) such order, authorization, or warrant covers 
the period of the covered query; and
(B) the covered query is conducted and covered 
information is accessed in compliance with all use, 
dissemination, querying, retention, and other 
minimization limitations required by the order, 
authorization, or warrant;
(2)(A) the officer or employee accessing the covered 
information has a reasonable belief that--
(i) an emergency exists involving an imminent 
threat of death or serious bodily harm; and
(ii) in order to prevent or mitigate the threat 
described in clause (i), the query must be conducted 
before authorization described in subparagraph (A) can, 
with due diligence, be obtained; and
(B) not later than 14 days after the covered information is 
accessed, a description of the circumstances justifying the 
accessing of the covered information is provided to the 
congressional intelligence committees in a timely manner;
(3) the covered person to whom the covered query relates 
or, if such person is incapable of providing consent, a third 
party legally authorized to consent on behalf of the person, 
has provided consent for such access on a case-by-case basis; 
or
(4)(A) the covered information is used for defensive 
cybersecurity purposes, including the protection of a covered 
person from cybersecurity attack;
(B) other than for such defensive cybersecurity purposes, 
no covered information is accessed or reviewed; and
(C) not later than 14 days after the covered information is 
accessed, a description of the circumstances justifying the 
accessing of the covered information is provided to the 
congressional intelligence committees.
(d) Matters Relating to Emergency Queries.--
(1) Treatment of denials.--If covered information is 
accessed pursuant to an emergency authorization described in 
subsection (c)(1) and the subsequent application to authorize 
electronic surveillance, a physical search, or an acquisition 
pursuant to section 105(e) or 304(e) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e), 
1824(e)) is denied, or in any other case in which covered 
information is accessed in violation of this section--
(A) no covered information accessed, or evidence 
derived from such access, may be used, received in 
evidence, or otherwise disseminated in any 
investigation, trial, hearing, or other proceeding in 
or before any court, grand jury, department, office, 
agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or 
political subdivision thereof; and
(B) no covered information accessed, or evidence 
derived from such access, concerning a covered person 
may subsequently be used or disclosed in any other 
manner without the consent of such covered person, 
except if the Attorney General approves the use or 
disclosure of such covered information in order to 
prevent the death of or serious bodily harm to any 
person.
(2) Assessment of compliance.--Not less frequently than 
annually, the Attorney General shall assess compliance with the 
requirements under paragraph (1).
(e) Foreign Intelligence Surveillance Act of 1978.--This section 
shall not apply to the access of covered information collected pursuant 
to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.).
(f) Foreign Intelligence Purpose Required for Queries.--
(1) In general.--Except as provided in paragraph (2), no 
officer or employee of the Federal Government may conduct a 
query unless the query is--
(A) reasonably likely to retrieve foreign 
intelligence information; and
(B) made with a significant foreign intelligence 
purpose.
(2) Exceptions.--An officer or employee of the Federal 
Government is permitted to conduct a query if an exception 
described in clauses (i) and (ii) of section 702(f)(2)(B) of 
the Foreign Intelligence Surveillance Act of 1978, as amended 
by section 101, applies.
(g) Documentation.--No officer or employee of the Federal 
Government may conduct a covered query, or access covered information 
returned in response to a covered query, unless an electronic record is 
created that includes--
(1) for each query--
(A) each term used for the conduct of the query;
(B) the date of the covered query;
(C) the identifier of the officer or employee who 
conducted the covered query;
(D) a statement of facts justifying that it is 
reasonably likely to retrieve foreign intelligence 
information or an exception under subsection (f)(2) 
applies; and
(E) a description of the basis for the exception; 
and
(2) for each access--
(A) the date of the access;
(B) the identifier of the officer or employee who 
did the particular access; and
(C) a statement of facts showing that an access is 
authorized by an exception under subsection (c).
(h) Query Record System.--
(1) In general.--The head of each agency that may conduct a 
covered query shall ensure that a system, mechanism, or 
business practice is in place to maintain the records described 
in subsection (g), including ensuring that any covered queries, 
or accesses to covered information returned in response to 
covered queries, that are conducted by automated means are 
attributed to the officer or employee who was the proximate 
cause of such covered query or access.
(2) Compliance report.--Not later than 90 days after the 
date of the enactment of this Act, the head of each applicable 
agency shall report to the congressional intelligence 
committees on its compliance with paragraph (1).

SEC. 403. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND 
PERSONS LOCATED IN THE UNITED STATES.

(a) Prohibition on Acquisition.--No officer or employee of the 
Federal Government may intentionally target, for the purpose of 
acquiring foreign intelligence information, any person to acquire 
information, regardless of whether such targeting or acquisition occurs 
inside or outside the United States, if a significant purpose of the 
acquisition is to acquire the information of a particular, known 
covered person, unless--
(1)(A) the officer or employee has a reasonable belief that 
an emergency exists involving a threat of imminent death or 
serious bodily harm to such covered person;
(B) the information is sought for the purpose of assisting 
that person; and
(C) not later than 14 days after the targeting, a 
description of the targeting is provided to the congressional 
intelligence committees in a timely manner; or
(2) the covered person has provided consent to the 
targeting, or if such covered person is incapable of providing 
consent, a third party legally authorized to consent on behalf 
of such covered person has provided consent.
(b) Foreign Intelligence Surveillance Act of 1978 and Criminal 
Warrants.--This section shall not apply to--
(1) an acquisition carried out pursuant to the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); 
or
(2) an acquisition carried out pursuant to a warrant issued 
pursuant to the Federal Rules of Criminal Procedure by a court 
of competent jurisdiction covering the period of the 
acquisition and the acquisition is subject to the use, 
dissemination, querying, retention, and other minimization 
limitations required by such warrant.

SEC. 404. PROHIBITION ON INTELLIGENCE ACQUISITION OF UNITED STATES 
PERSON DATA.

(a) Covered Data Defined.--In this section, the term ``covered 
data'' means--
(1) data, derived data, or any unique identifier that is 
linked to or is reasonably linkable to a covered person or to 
an electronic device that is linked to, or is reasonably 
linkable to, 1 or more covered persons in a household;
(2) includes anonymized data that, if combined with other 
data, can be linked to, or is reasonably linkable to, a covered 
person or to an electronic device that is linked to, or is 
reasonably linkable to, 1 or more covered persons in a 
household; and
(3) does not include data that--
(A) is lawfully available to the public through 
Federal, State, or local government records or through 
widely distributed media;
(B) is reasonably believed to have been voluntarily 
made available to the general public by the covered 
person; or
(C) is a specific communication or transaction with 
a targeted individual who is not a covered person.
(b) Limitation.--
(1) In general.--Subject to paragraphs (2) through (8), an 
element of the intelligence community may not acquire a dataset 
that includes covered data.
(2) Authorization pursuant to the foreign intelligence 
surveillance act of 1978.--An element of the intelligence 
community may acquire covered data if the data has been 
authorized for collection pursuant to an order or emergency 
authorization pursuant to the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) or the Federal Rules of 
Criminal Procedure by a court of competent jurisdiction 
covering the period of the acquisition, subject to the use, 
dissemination, querying, retention, and other minimization 
limitations required by such authorization.
(3) Authorization for employment-related use.--An element 
of the intelligence community may acquire covered data about an 
employee of, or applicant for employment by, an element of the 
intelligence community for employment-related purposes, 
provided that--
(A) access to and use of the covered data is 
limited to such purposes; and
(B) the covered data is destroyed at such time as 
it is no longer necessary for such purposes.
(4) Exception for compliance purposes.--An element of the 
intelligence community may acquire covered data for the purpose 
of supporting compliance with collection limitations and 
minimization requirements imposed by statute, guidelines, 
procedures, or the United States Constitution, provided that--
(A) access to and use of the covered data is 
limited to such purpose; and
(B) the covered data is destroyed at such time as 
it is no longer necessary for such purpose.
(5) Exception for life or safety.--An element of the 
intelligence community may acquire covered data if--
(A) there is a reasonable belief that--
(i) an emergency exists involving an 
imminent threat of death or serious bodily 
harm; and
(ii) in order to prevent or mitigate this 
threat, the acquisition must be conducted 
before authorization pursuant to paragraph (2) 
can, with due diligence, be obtained;
(B) access to and use of the covered data is 
limited to addressing the threat;
(C) the covered data is destroyed at such time as 
it is no longer necessary for such purpose; and
(D) not later than 14 days after the acquisition, a 
description of the acquisition is provided to the 
congressional intelligence committees.
(6) Exception for consent.--An element of the intelligence 
community may acquire covered data if--
(A) each covered person linked or reasonably linked 
to the covered data, or, if such person is incapable of 
providing consent, a third party legally authorized to 
consent on behalf of the person, has provided consent 
to the acquisition and use of the data on a case-by-
case basis;
(B) access to and use of the covered data is 
limited to the purposes for which the consent was 
provided; and
(C) the covered data is destroyed at such time as 
it is no longer necessary for such purposes.
(7) Exception for nonsegregable data.--An element of the 
intelligence community may acquire a dataset that includes 
covered data if the covered data is not reasonably segregable 
prior to acquisition, provided that the element of the 
intelligence community complies with the minimization 
procedures in subsection (c).
(8) Exception for national security letter data.--An 
element of the intelligence community may acquire, through 
noncompulsory means that are otherwise not contrary to a 
provision of Federal law, data that, in the United States, the 
Federal Government has the authority to compel production 
through a national security letter pursuant to section 2709 of 
title 18, United States Code, section 626 or 627 of the 
Consumer Credit Protection Act (15 U.S.C. 1681u, 1681v), or 
section 1114 of the Right to Financial Privacy Act of 1978 (12 
U.S.C. 3414), provided--
(A) the person or entity in possession of the data 
is outside the United States and compelled production 
is not feasible;
(B) the acquisition is conducted consistent with 
the limitations that would apply if, in the United 
States, the Federal Government compelled production of 
such data with a national security letter pursuant to 
such provisions of law; and
(C) the element of the intelligence community 
maintains all records required by such provisions of 
law, including the content of relevant certifications, 
for each covered person or each instance of data, 
derived data or unique identifier linked to or 
reasonably linkable to a covered person.
(c) Minimization Procedures.--
(1) In general.--The Attorney General shall adopt specific 
procedures that are reasonably designed to minimize the 
acquisition and retention of covered data that is not subject 
to 1 or more of the exceptions set forth in subsection (b).
(2) Acquisition and retention.--The procedures adopted 
under paragraph (1) shall require elements of the intelligence 
community to exhaust all reasonable means--
(A) to exclude covered data not subject to 1 or 
more exceptions set forth in subsection (b) from 
datasets prior to acquisition; and
(B) to remove and delete covered data not subject 
to 1 or more exceptions set forth in subsection (b) 
prior to the operational use of the acquired dataset or 
the inclusion of the dataset in a database intended for 
operational use.
(3) Destruction.--The procedures adopted under paragraph 
(1) shall require that if an element of the intelligence 
community identifies covered data acquired in violation of 
subsection (b), such covered data shall be promptly destroyed.
(d) Prohibition on Use of Data Obtained in Violation of This 
Section.--Covered data acquired by an element of the intelligence 
community in violation of subsection (b), and any evidence derived 
therefrom, may not be used, received in evidence, or otherwise 
disseminated in any investigation, trial, hearing, or other proceeding 
in or before any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other authority of the 
United States, a State, or political subdivision thereof.
(e) Reporting Requirement.--
(1) In general.--Not later than 180 days after the date of 
the enactment of this Act and not less frequently than once 
each year thereafter, the Director of National Intelligence 
shall submit to the appropriate committees of Congress and the 
Privacy and Civil Liberties Oversight Board a report on 
acquisitions pursuant to this section.
(2) Contents.--The report submitted pursuant to paragraph 
(1) shall include the following:
(A) Datasets.--A description of datasets that the 
Director determines contain information of covered 
persons that is significant in volume proportion, or 
sensitivity, including--
(i) the covered person information in each 
dataset; and
(ii) an estimate of the amount of covered 
person information in each dataset;
(B) Data collection.--A description of data 
collected pursuant to subsection (b)(8), including--
(i) a description of the covered person 
information for each acquisition; and
(ii) the number of covered persons or 
instances of data, derived data or unique 
identifiers linked to or reasonably linkable to 
a covered person, disaggregated by the national 
security letter authority for which compelled 
production would be required.
(C) Detected violations.--A description of covered 
data identified as having been acquired in violation of 
subsection (b) in the preceding year, including--
(i) an estimate of the number of covered 
persons whose information was acquired in 
violation of subsection (b); and
(ii) any changes made to the procedures in 
subsection (c) to address compliance issues.
(3) Notifications.--After submitting the report required by 
paragraph (1), the Director shall, in coordination with the 
Under Secretary, notify the appropriate committees of Congress 
of any changes to the information contained in such report.
(4) Availability to the public.--The Director shall make 
available to the public on the website of the Director--
(A) the unclassified portion of the report 
submitted pursuant to paragraph (1); and
(B) any notifications submitted pursuant to 
paragraph (3).
(f) Rule of Construction.--Nothing in this section shall authorize 
an acquisition otherwise prohibited by this Act, the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or 
title 18, United States Code.

SEC. 405. PROHIBITION ON THE WARRANTLESS ACQUISITION OF DOMESTIC 
COMMUNICATIONS.

No officer or employee of the Federal Government may intentionally 
acquire, for the purpose of acquiring foreign intelligence information, 
any communication as to which the sender and all intended recipients 
are known to be located in the United States at the time of acquisition 
or the time of communication, regardless of whether such acquisition 
occurs inside or outside the United States, except--
(1) as authorized under section 105 or 304 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805, 1824); 
or
(2) if--
(A) the officer or employee has a reasonable belief 
that--
(i) an emergency exists involving the 
imminent threat of death or serious bodily 
harm; and
(ii) in order to prevent or mitigate this 
threat, the acquisition must be conducted 
before an authorization pursuant to the 
provisions of law cited in paragraph (1) can, 
with due diligence, be obtained; and
(B) not later than 14 days after the acquisition, a 
description of the acquisition is provided to the 
congressional intelligence committees.

SEC. 406. DATA RETENTION LIMITS.

(a) Procedures.--
(1) In general.--Each head of an element of the 
intelligence community shall develop and implement procedures 
governing the retention of information described in paragraph 
(2).
(2) Information described.--The information described in 
this paragraph is information that was acquired for foreign 
intelligence purposes, other than acquisitions authorized by 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.), regardless of whether such acquisition occurred 
inside or outside the United States.
(b) Requirements.--
(1) Covered information defined.--In this subsection, the 
term ``covered information'' includes--
(A) any information or communication pertaining to 
a covered person, including an encrypted communication 
to or from a covered person, that has been evaluated 
and is not specifically known to contain foreign 
intelligence information; and
(B) any unevaluated information, unless it can 
reasonably be determined that the unevaluated 
information does not contain any information or 
communications pertaining to a covered person, 
including any encrypted communication to or from a 
covered person.
(2) In general.--The procedures developed and implemented 
pursuant to subsection (a) shall ensure, with respect to 
information described in such subsection, that covered 
information shall be destroyed within 5 years of collection 
unless the Attorney General determines in writing that--
(A) the information is the subject of a 
preservation obligation in pending administrative, 
civil, or criminal litigation, in which case the 
covered information shall be segregated, retained, and 
used solely for that purpose and shall be destroyed as 
soon as it is no longer required to be preserved for 
such litigation; or
(B) the information is being used in a proceeding 
or investigation consistent with section 706(a) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1881e(a)).

SEC. 407. REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

Section 511 of the National Security Act of 1947 (50 U.S.C. 3110) 
is amended by adding at the end the following:
``(c) Public Availability.--
``(1) In general.--The Director of National Intelligence 
shall make each report submitted under subsection (a) publicly 
available on an internet website, with such redactions as may 
be necessary to protect sources and methods.
``(2) Retroactive report publication.--With respect to a 
report submitted under subsection (a) prior to the date of the 
enactment of the Government Surveillance Reform Act of 2026, 
such report shall be made publicly available pursuant to 
paragraph (1) by not later than 180 days after the date of the 
enactment of such Act.
``(d) Department of Justice Report.--The Attorney General, in 
consultation with the Director of National Intelligence, shall submit 
to the Committee on the Judiciary of the Senate and the Committee on 
the Judiciary of the House of Representatives a version of the report 
described in subsection (a) that only addresses violations of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.).''.

TITLE V--INDEPENDENT OVERSIGHT

SEC. 501. INSPECTOR GENERAL OVERSIGHT OF ORDERS UNDER THE FOREIGN 
INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) Audit.--Not later than 1 year after the date of the enactment 
of this Act, the Inspector General of the Department of Justice and the 
Inspector General of each element of the intelligence community shall 
each initiate an audit of the applications for court orders made under 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) and directives issued under section 702(i) of such Act by the 
Department or the element, respectively.
(b) Scope; Contents.--In conducting an audit under subsection (a)--
(1) an Inspector General shall--
(A) review such sample of applications and 
directives described in such subsection as the 
Inspector General determines appropriate in order to 
carry out the objectives of this section;
(B) assess whether--
(i) adequate safeguards are in place to 
ensure that the assertions made in applications 
are scrupulously accurate;
(ii) adequate safeguards are in place to 
ensure that each application includes all 
information required by the amendments made by 
section 10 of the Reforming Intelligence and 
Securing America Act (Public Law 118-49) and 
made by sections 302 and 303 of this Act; and
(iii) in the determination of the Inspector 
General, there are any other areas of potential 
risk or violation; and
(C) make recommendations to address any 
deficiencies identified by the Inspector General; and
(2) the Inspector General of the Department of Justice 
shall assess the information provided by the Department of 
Justice under subsection (f) of section 603 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1873), as 
added by section 803 of this Act, and include a determination 
on the accuracy and completeness of the information provided 
under that section.
(c) Report.--
(1) In general.--For each audit conducted by an Inspector 
General under subsection (a), such Inspector General shall 
submit to the persons specified in paragraph (2) a report of 
the audit, including findings and recommendations of the 
Inspector General and any remediations taken by the Department 
or element, respectively.
(2) Persons specified.--The persons specified in this 
paragraph are the following:
(A) The Attorney General.
(B) The Director of National Intelligence.
(C) The Privacy and Civil Liberties Oversight 
Board.
(D) The appropriate committees of Congress.
(E) The Foreign Intelligence Surveillance Court (as 
defined in section 601(e) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871(e))).
(F) Any amicus curiae appointed under section 
103(i)(2) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803(i)(2)).
(d) Cooperation.--The Attorney General and head of each element of 
the intelligence community shall ensure full and complete cooperation 
with the respective Inspector General conducting an audit under 
subsection (a), including by providing access to all evidence and 
information relevant to the assessments required under subsection 
(b)(2), subject to such procedures as are necessary to protect the 
national security of the United States.
(e) Availability to the Public.--The Inspector General of each 
element of the intelligence community shall each make publicly 
available on a website of the relevant element an unclassified version 
of any report submitted under subsection (c) by the respective 
Inspector General.

SEC. 502. INTELLIGENCE COMMUNITY PARITY AND COMMUNICATIONS WITH PRIVACY 
AND CIVIL LIBERTIES OVERSIGHT BOARD.

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

SEC. 503. CONGRESSIONAL OVERSIGHT OF GRANTS OF IMMUNITY BY THE ATTORNEY 
GENERAL FOR WARRANTLESS SURVEILLANCE ASSISTANCE.

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

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

SEC. 601. 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.--Section 3117 
of title 18, United States Code, is amended--
(1) in the section heading, by striking ``Mobile tracking 
devices'' and inserting ``Tracking orders for Federal 
departments and agencies'';
(2) by striking subsection (b);
(3) by redesignating subsection (a) as subsection (c);
(4) by inserting before subsection (c), as so redesignated, 
the following:
``(a) In General.--No officer or employee of a governmental entity 
may install or direct the installation of a tracking device, except 
pursuant to a warrant issued using the procedures described in the 
Federal Rules of Criminal Procedure (or, in the case of a State court, 
issued using State warrant procedures and, in the case of a court-
martial or other proceeding under chapter 47 of title 10 (the Uniform 
Code of Military Justice), issued under section 846 of that title, in 
accordance with regulations prescribed by the President) by a court of 
competent jurisdiction.
``(b) Emergencies.--
``(1) In general.--Subject to paragraph (2), the 
prohibition under subsection (a) does not apply in an 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.'';
(5) in subsection (c), as so redesignated--
(A) in the subsection heading, by striking ``In 
General'' and inserting ``Jurisdiction'';
(B) by striking ``or other order'';
(C) by striking ``mobile'';
(D) by striking ``such order'' and inserting ``such 
warrant''; and
(E) 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
(6) 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 term `court of competent jurisdiction' has the 
meaning given that term in section 2711;
``(3) the term `governmental entity'--
``(A) means a department or agency of the United 
States; and
``(B) does not include a department or agency of a 
State or a political subdivision thereof.
``(4) 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
``(5) 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.''.
(c) Prospective Surveillance of Web Browsing Records and Location 
Information.--Section 2703 of title 18, United States Code, is amended 
by adding at the end the following:
``(i) Prospective Disclosure of Web Browsing Records.--
``(1) In general.--A governmental entity may require the 
prospective disclosure by an online service provider of a web 
browsing record only pursuant to a warrant issued using the 
procedures described in subsection (a).
``(2) Time restrictions.--A warrant requiring the 
prospective disclosure by an online service provider of web 
browsing records may require disclosure of web browsing records 
for only a period as is necessary to achieve the objective of 
the disclosure, not to exceed 30 days from issuance of the 
warrant. Extensions of such a warrant may be granted, but only 
upon satisfaction of the showings necessary for issuance of the 
warrant in the first instance.
``(j) Prospective Disclosure of Location Records.--A governmental 
entity may require the prospective disclosure by an online service 
provider of location information only pursuant to a warrant issued 
using the procedures described in subsection (a), that satisfies the 
restrictions imposed on warrants for tracking devices imposed by 
section 3117 of this title and rule 41 of the Federal Rules of Criminal 
Procedure.''.

SEC. 602. CONSISTENT PROTECTIONS FOR PHONE AND APP-BASED CALL AND 
TEXTING RECORDS.

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

SEC. 603. EMAIL PRIVACY ACT.

(a) Short Title.--This section may be cited as the ``Email Privacy 
Act''.
(b) Voluntary Disclosure Corrections.--Section 2702 of title 18, 
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``divulge'' and inserting 
``disclose''; and
(ii) by striking ``while in electronic 
storage by that service'' and inserting ``that 
is in electronic storage with or otherwise 
stored, held, or maintained by that service'';
(B) in paragraph (2)--
(i) by striking ``to the public'';
(ii) by striking ``divulge'' and inserting 
``disclose''; and
(iii) by striking ``which is carried or 
maintained on that service'' and inserting 
``that is stored, held, or maintained by that 
service''; and
(C) in paragraph (3)--
(i) by striking ``divulge'' and inserting 
``disclose''; and
(ii) by striking ``a provider of'' and 
inserting ``a person or entity providing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``divulge'' and inserting 
``disclose''; and
(ii) by inserting ``wire or electronic'' 
before ``communication'';
(B) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of 
such communication, to the subscriber or customer on whose 
behalf the provider stores, holds, or maintains such 
communication, or to an agent of such addressee, intended 
recipient, subscriber, or customer;''; and
(C) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee, 
or intended recipient of such communication, or of the 
subscriber or customer on whose behalf the provider stores, 
holds, or maintains such communication;''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``divulge'' and inserting 
``disclose''; and
(ii) by inserting ``wire or electronic'' 
before ``communications''; and
(B) by amending paragraph (2) to read as follows:
``(2) with the lawful consent of the subscriber or 
customer;''.
(c) Amendments to Required Disclosure Section.--Section 2703 of 
title 18, United States Code, as amended by this Act, is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``A governmental entity'' and 
inserting ``Except as provided in subsections (l) and 
(m), a governmental entity'';
(B) by striking ``pursuant to'' and inserting ``if 
the governmental entity obtains''; and
(C) by striking ``by a court of competent 
jurisdiction.'' and inserting ``that is issued by a 
court of competent jurisdiction and that may indicate 
the date by which the provider must make the disclosure 
to the governmental entity. In the absence of a date on 
the warrant indicating the date by which the provider 
must make disclosure to the governmental entity, the 
provider shall promptly respond to the warrant.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph 
(A)--
(I) by striking ``A governmental 
entity'' and inserting ``Except as 
provided in subsections (l) and (m), a 
governmental entity''; and
(II) by striking ``only when the 
governmental entity--'' and inserting 
``only--'';
(ii) in subparagraph (A)--
(I) by striking ``obtains a warrant 
issued'' and inserting ``if the 
governmental entity obtains a 
warrant'';
(II) by striking ``by the 
President) by a court'' and inserting 
the following: ``by the President) 
that--
``(i) is issued by a court'';
(III) by inserting ``and'' after 
``jurisdiction;''; and
(IV) by adding at the end the 
following:
``(ii) may indicate the date by which the online 
service provider must make the disclosure to the 
governmental entity;'';
(iii) in subparagraph (B), by inserting 
``if the governmental entity'' before 
``obtains'';
(iv) in subparagraph (C), by striking ``has 
the consent of the subscriber or customer to 
such disclosure;'' and inserting ``with the 
lawful consent of the subscriber or customer; 
or'';
(v) by striking subparagraph (D);
(vi) by redesignating subparagraph (E) as 
subparagraph (D); and
(vii) in subparagraph (D), as so 
redesignated, by striking ``seeks information'' 
and inserting ``as otherwise authorized''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph 
(A), by inserting ``, in response to an 
administrative subpoena authorized by Federal 
or State statute, a grand jury, trial, or civil 
discovery subpoena, or any means available 
under paragraph (1),'' after ``shall''; and
(ii) in the matter following subparagraph 
(F), by striking ``of a subscriber'' and all 
that follows and inserting ``of a subscriber or 
customer of such online service provider.'';
(3) in subsection (d)--
(A) by striking ``the contents of a wire or 
electronic communication, or'';
(B) by striking ``sought,'' and inserting 
``sought''; and
(C) by striking ``section'' and inserting 
``subsection''; and
(4) by adding after subsection (j), as added by section 
601(c) of this Act, the following:
``(k) Notice.--Except as provided in section 2705, an online 
service provider may notify a subscriber or customer of a receipt of a 
warrant, court order, subpoena, or request under subsection (a), (c), 
or (d) of this section.
``(l) Rule of Construction Related to Legal Process.--Nothing in 
this section or in section 2702 shall modify the authorities for a 
governmental entity to obtain a wire or electronic communication 
(including the contents of that communication) from a provider of a 
remote computing service or electronic communication service if--
``(1) the originator, addressee, or intended recipient of 
such communication is an officer, director, employee, or agent 
of the provider acting in their capacity as such an officer, 
director, employee, or agent; or
``(2) the communication--
``(A) advertises or promotes a product or service; 
and
``(B) has been made readily available to the 
general public.
``(m) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of 
inquiry vested in the Congress by article I of the Constitution of the 
United States.''.
(d) Warrant Requirement for Stored Communications Content.--Section 
2703 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``, that is in electronic storage 
in an electronic communications system for one hundred 
and eighty days or less,''; and
(B) by striking the last sentence;
(2) by striking subsection (b) and inserting the following:
``(b) [Repealed].''; and
(3) in subsection (d) by striking ``(b) or''.

SEC. 604. CONSISTENT PROTECTIONS FOR DEMANDS FOR DATA HELD BY 
INTERACTIVE COMPUTING SERVICES.

(a) Definition.--Subsection (a) of section 2711 of title 18, United 
States Code, as so designated and amended by section 601 of this Act, 
is amended by adding at the end the following:
``(8) the term `online service provider' means a provider 
of electronic communication service, a provider of remote 
computing service, or a provider of an interactive computer 
service (as defined in section 230(f) of the Communications Act 
of 1934 (47 U.S.C. 230(f))); and''.
(b) Required Disclosure.--Section 2703 of title 18, United States 
Code, is amended--
(1) in subsection (a), in the first sentence, by striking 
``a provider of electronic communication service'' and 
inserting ``an online service provider'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ``a provider of 
electronic communication service or remote computing 
service'' and inserting ``an online service provider''; 
and
(B) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ``A provider of 
electronic communication service or remote computing 
service'' and inserting ``An online service provider''; 
and
(3) in subsection (g), by striking ``a provider of 
electronic communications service or remote computing service'' 
and inserting ``an online service provider''.

SEC. 605. CONSISTENT PROTECTIONS FROM FEDERAL LAW ENFORCEMENT FOR REAL-
TIME AND HISTORICAL METADATA.

Chapter 206 of title 18, United States Code, is amended--
(1) in section 3122(b), by striking paragraph (2) and 
inserting the following:
``(2)(A) for an application submitted by an attorney for 
the Government, a certification by the applicant providing 
specific and articulable facts showing there are reasonable 
grounds to believe that the information likely to be obtained 
is relevant and material to an ongoing criminal investigation 
being conducted by that agency; or''; and
(2) in section 3123(a)(1), in the first sentence--
(A) by striking ``the court shall enter'' and 
inserting ``the court may enter''; and
(B) by striking ``certified to the court that the 
information likely to be obtained by such installation 
and use is relevant'' and inserting ``submitted a 
certification providing specific and articulable facts 
showing there are reasonable grounds to believe that 
the information likely to be obtained by such 
installation and use is relevant and material''.

SEC. 606. SUBPOENAS FOR CERTAIN SUBSCRIBER INFORMATION.

Section 2703(c)(2) of title 18, United States Code, is amended, in 
the matter following subparagraph (F), as amended by section 603(c) of 
this Act, by inserting ``with respect to whom the governmental entity 
identifies the name, address, temporarily assigned network address, or 
account identifier (such as a user name)'' before the period at the 
end.

SEC. 607. MINIMIZATION STANDARDS FOR VOLUNTARY DISCLOSURE OF CUSTOMER 
COMMUNICATIONS OR RECORDS.

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

SEC. 608. CONSISTENT PRIVACY PROTECTIONS FOR DATA HELD BY DATA BROKERS.

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

SEC. 609. PROTECTION OF DATA ENTRUSTED TO INTERMEDIARY OR ANCILLARY 
SERVICE PROVIDERS.

(a) Definition.--Subsection (a) of section 2711 of title 18, United 
States Code, as so designated and amended by sections 601 and 604 of 
this Act, is amended by adding at the end the following:
``(9) the term `intermediary or ancillary service provider' 
means an entity or facilities owner or operator that directly 
or indirectly delivers, transmits, stores, or processes 
communications or any other covered personal data (as defined 
in section 2702(e) of this title) for, or on behalf of, an 
online service provider.''.
(b) Prohibition.--Section 2702(a) of title 18, United States Code, 
is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)(B), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and 
inserting ``; and''; and
(4) by adding at the end the following:
``(4) an intermediary or ancillary service provider may not 
knowingly disclose--
``(A) to any person or entity the contents of a 
communication while in electronic storage by that 
intermediary or ancillary service provider; or
``(B) to any governmental entity a record or other 
information pertaining to a subscriber to or customer 
of, a recipient of a communication from a subscriber to 
or customer of, or the sender of a communication to a 
subscriber to or customer of, the online service 
provider for, or on behalf of, which the intermediary 
or ancillary service provider directly or indirectly 
delivers, transmits, stores, or processes 
communications or any other covered personal data (as 
defined in subsection (e)).''.

SEC. 610. MODERNIZING CRIMINAL SURVEILLANCE REPORTS.

(a) Reports Concerning Access to Customer Communications or 
Records.--
(1) In general.--Section 2703 of title 18, United States 
Code, as amended by section 608 of this Act, is amended by 
adding at the end the following:
``(o) Reports Concerning Access to Customer Communications or 
Records.--
``(1) In general.--In January of each year, any judge who 
has issued an order under this section or a warrant to obtain 
records described in this section, or who has denied approval 
of an application under this section during the preceding year, 
shall report to the Administrative Office of the United States 
Courts--
``(A) the fact that the order or warrant was 
applied for;
``(B) the type of records sought in the order or 
warrant;
``(C) whether the order or warrant was--
``(i) granted as applied for;
``(ii) granted as modified; or
``(iii) denied;
``(D) the subsection of this section under which 
the application for the order or warrant was filed;
``(E) the nature of the offense or criminal 
investigation that was the basis for the application 
for the order or warrant;
``(F) the name of each provider of electronic 
communication service or remote computing service 
served with the order or warrant, if so granted; and
``(G) the investigative or law enforcement agency 
that submitted the application.
``(2) Public report.--In June of each year, the Director of 
the Administrative Office of the United States Courts shall 
publish on the website of the Administrative Office of the 
United States Courts and include in the report required under 
section 2519(3)--
``(A) a full and complete report concerning the 
number of applications for orders or warrants requiring 
the disclosure of, during the preceding calendar year--
``(i) the contents of wire or electronic 
communications in electronic storage under 
subsection (a); and
``(ii) records concerning electronic 
communication service or remote computer 
service under subsection (c);
``(B) the number of orders and warrants granted or 
denied under this section during the preceding calendar 
year; and
``(C) a detailed summary and analysis of each 
category of data required to be filed with the 
Administrative Office of the United States Courts under 
paragraph (1).
``(3) Format.--Not later than 180 days after the date of 
enactment of the Government Surveillance Reform Act of 2026, 
the Director of the Administrative Office of the United States 
Courts shall, in consultation with the National Institute of 
Standards and Technology, the Administrator of General 
Services, the Electronic Public Access Public User Group, 
private entities offering electronic case management software, 
the National Center for State Courts, and the National American 
Indian Court Judges Association, publish a machine readable 
form that shall be used for any report required under paragraph 
(1).
``(4) Regulations.--The Director of the Administrative 
Office of the United States Courts may issue binding 
regulations with respect to the content and form of the reports 
required under paragraph (1).''.
(2) Technical and conforming amendment.--Section 2519(3) of 
title 18, United States Code, is amended, in the first 
sentence, by inserting ``publish on the website of the 
Administrative Office of the United States Courts and'' before 
``transmit''.
(b) Reports Concerning Pen Registers and Trap and Trace Devices.--
Section 3126 of title 18, United States Code, is amended to read as 
follows:
``Sec. 3126. Reports concerning pen registers and trap and trace 
devices
``(a) In General.--In January of each year, any judge who has 
issued an order (or an extension thereof) under section 3123 that 
expired during the preceding year, or who has denied approval of an 
installation and use of a pen register or trap and trace device during 
that year, shall report to the Administrative Office of the United 
States Courts--
``(1) the fact that an order or extension was applied for;
``(2) the kind of order or extension applied for;
``(3) the fact that the order or extension was granted as 
applied for, was modified, or was denied;
``(4) the period of installation and use of a pen register 
or trap and trace device authorized by the order, and the 
number and duration of any extensions of the order;
``(5) the offense specified in the order or application, or 
extension of an order;
``(6) the precise nature of the facilities affected and the 
precise nature of the information sought; and
``(7) the investigative or law enforcement agency that 
submitted the application.
``(b) Public Report.--In June of each year, the Director of the 
Administrative Office of the United States Courts shall publish on the 
website of the Administrative Office of the United States Courts and 
include in the report required under section 2519(3)--
``(1) a full and complete report concerning--
``(A) the number of applications for orders 
authorizing or approving the installation and use of a 
pen register or trap and trace device pursuant to this 
chapter; and
``(B) the number of orders and extensions granted 
or denied pursuant to this chapter during the preceding 
calendar year; and
``(2) a detailed summary and analysis of each category of 
data required to be reported under subsection (a).
``(c) Format.--Not later than 180 days after the date of enactment 
of the Government Surveillance Reform Act of 2026, the Director of the 
Administrative Office of the United States Courts shall, in 
consultation with the National Institute of Standards and Technology 
and the Administrator of General Services, private entities offering 
electronic case management software, the National Center for State 
Courts, and the National American Indian Court Judges Association, 
publish a machine readable form that shall be used for any report 
required under subsection (a).
``(d) Regulations.--The Director of the Administrative Office of 
the United States Courts may issue binding regulations with respect to 
the content and form of the reports required under subsection (a).''.
(c) Reporting of Voluntary Disclosures.--Section 2702(d) of title 
18, United States Code, is amended--
(1) in the heading, by striking ``Emergency'' and inserting 
``Voluntary'';
(2) in the matter preceding paragraph (1), by inserting 
``and publish on the website of the Department of Justice'' 
after ``Senate'';
(3) in paragraph (1)--
(A) by striking ``the Department of Justice'' and 
inserting ``each Federal agency''; and
(B) by striking ``subsection (b)(8)'' and inserting 
``paragraph (5) or (8) of subsection (b) or paragraph 
(3) or (4) of subsection (c), broken down by each such 
paragraph'';
(4) in paragraph (2)(A)--
(A) by striking ``Department of Justice'' and 
inserting ``Federal agency''; and
(B) by striking ``subsection (b)(8)'' and inserting 
``paragraph (5) or (8) of subsection (b) or paragraph 
(3) or (4) of subsection (c)''; and
(5) by striking paragraph (3).

SEC. 611. LIMITATION OF AMENDMENTS TO FEDERAL DEPARTMENTS AND AGENCIES.

(a) In General.--
(1) Voluntary disclosure.--
(A) In general.--Section 2702 of title 18, United 
States Code, is amended by adding after subsection (g), 
as added by section 201 of this Act, the following:
``(h) Special Procedures for Voluntary Disclosure to Non-Federal 
Entities.--
``(1) In general.--The prohibitions in subsection (a) shall 
not apply to disclosures to a State or local governmental 
entity.
``(2) Specific prohibitions.--Except as provided in 
paragraphs (3) and (4)--
``(A) a person or entity providing an electronic 
communication service to the public shall not knowingly 
divulge to a department or agency of a State or local 
government the contents of a communication while in 
electronic storage by that service;
``(B) a person or entity providing remote computing 
service to the public shall not knowingly divulge to a 
department or agency of a State or local government the 
contents of any communication which is carried or 
maintained on that service--
``(i) on behalf of, and received by means 
of electronic transmission from (or created by 
means of computer processing of communications 
received by means of electronic transmission 
from), a subscriber or customer of such 
service; and
``(ii) solely for the purpose of providing 
storage or computer processing services to such 
subscriber or customer, if the provider is not 
authorized to access the contents of any such 
communications for purposes of providing any 
services other than storage or computer 
processing; and
``(C) a provider of remote computing service or 
electronic communication service to the public shall 
not knowingly divulge a record or other information 
pertaining to a subscriber to or customer of such 
service (not including the contents of communications 
covered by subparagraph (A) or (B)) to a department or 
agency of a State or local government.
``(3) Exceptions for disclosure of communications.--A 
provider described in paragraph (2) may divulge the contents of 
a communication--
``(A) to an addressee or intended recipient of such 
communication or an agent of such addressee or intended 
recipient;
``(B) as otherwise authorized in section 2517, 
2511(2)(a), or 2703A of this title;
``(C) with the lawful consent of the originator or 
an addressee or intended recipient of such 
communication, or the subscriber in the case of remote 
computing service;
``(D) to a person employed or authorized or whose 
facilities are used to forward such communication to 
its destination;
``(E) as may be necessarily incident to the 
rendition of the service or to the protection of the 
rights or property of the provider of that service;
``(F) to a law enforcement agency of a State or 
local government, if the contents--
``(i) were inadvertently obtained by the 
service provider; and
``(ii) appear to pertain to the commission 
of a crime; or
``(G) to a department or agency of a State or local 
government, if the provider, in good faith, believes 
that an emergency involving danger of death or serious 
physical injury to any person requires disclosure 
without delay of communications relating to the 
emergency.
``(4) Exceptions for disclosure of customer records.--A 
provider described in paragraph (2) may divulge a record or 
other information pertaining to a subscriber to or a customer 
of such service (not including the contents of communications 
covered by subparagraph (A) or (B) of paragraph (2))--
``(A) as otherwise authorized in section 2703A;
``(B) with the lawful consent of the customer or 
subscriber;
``(C) as may be necessarily incident to the 
rendition of the service or to the protection of the 
rights or property of the provider of that service; or
``(D) to a department or agency of a State or local 
government, if the provider, in good faith, believes 
that an emergency involving danger of death or serious 
physical injury to any person requires disclosure 
without delay of information relating to the 
emergency.''.
(2) Required disclosure.--
(A) In general.--Section 2703 of title 18, United 
States Code is amended--
(i) in the section heading, by adding ``to 
Federal departments and agencies'' at the end; 
and
(ii) by adding after subsection (o), as 
added by section 610 of this Act, the 
following:
``(p) Limitation to Federal Entities.--Notwithstanding section 
2711, in this section, the term `governmental entity'--
``(1) means a department or agency of the United States; 
and
``(2) does not include a department or agency of a State or 
a political subdivision thereof.''.
(B) Procedures for non-federal entities.--Chapter 
121 of title 18, United States Code, is amended by 
inserting after section 2703 the following:
``Sec. 2703A. Required disclosure of customer communications or records 
to State and local departments and agencies
``(a) Contents of Wire or Electronic Communications in Electronic 
Storage.--A governmental entity may require the disclosure by a 
provider of electronic communication service of the contents of a wire 
or electronic communication, that is in electronic storage in an 
electronic communications system for one hundred and eighty days or 
less, only pursuant to a warrant issued using the procedures described 
in the Federal Rules of Criminal Procedure (or, in the case of a State 
court, issued using State warrant procedures and, in the case of a 
court-martial or other proceeding under chapter 47 of title 10 (the 
Uniform Code of Military Justice), issued under section 846 of that 
title, in accordance with regulations prescribed by the President) by a 
court of competent jurisdiction. A governmental entity may require the 
disclosure by a provider of electronic communications services of the 
contents of a wire or electronic communication that has been in 
electronic storage in an electronic communications system for more than 
one hundred and eighty days by the means available under subsection (b) 
of this section.
``(b) Contents of Wire or Electronic Communications in a Remote 
Computing Service.--(1) A governmental entity may require a provider of 
remote computing service to disclose the contents of any wire or 
electronic communication to which this paragraph is made applicable by 
paragraph (2) of this subsection--
``(A) without required notice to the subscriber or 
customer, if the governmental entity obtains a warrant issued 
using the procedures described in the Federal Rules of Criminal 
Procedure (or, in the case of a State court, issued using State 
warrant procedures and, in the case of a court-martial or other 
proceeding under chapter 47 of title 10 (the Uniform Code of 
Military Justice), issued under section 846 of that title, in 
accordance with regulations prescribed by the President) by a 
court of competent jurisdiction; or
``(B) with prior notice from the governmental entity to the 
subscriber or customer if the governmental entity--
``(i) uses an administrative subpoena authorized by 
a Federal or State statute or a Federal or State grand 
jury or trial subpoena; or
``(ii) obtains a court order for such disclosure 
under subsection (d) of this section;
except that delayed notice may be given pursuant to section 
2705 of this title.
``(2) Paragraph (1) is applicable with respect to any wire or 
electronic communication that is held or maintained on that service--
``(A) on behalf of, and received by means of electronic 
transmission from (or created by means of computer processing 
of communications received by means of electronic transmission 
from), a subscriber or customer of such remote computing 
service; and
``(B) solely for the purpose of providing storage or 
computer processing services to such subscriber or customer, if 
the provider is not authorized to access the contents of any 
such communications for purposes of providing any services 
other than storage or computer processing.
``(c) Records Concerning Electronic Communication Service or Remote 
Computing Service.--(1) A governmental entity may require a provider of 
electronic communication service or remote computing service to 
disclose a record or other information pertaining to a subscriber to or 
customer of such service (not including the contents of communications) 
only when the governmental entity--
``(A) obtains a warrant issued using the procedures 
described in the Federal Rules of Criminal Procedure (or, in 
the case of a State court, issued using State warrant 
procedures and, in the case of a court-martial or other 
proceeding under chapter 47 of title 10 (the Uniform Code of 
Military Justice), issued under section 846 of that title, in 
accordance with regulations prescribed by the President) by a 
court of competent jurisdiction;
``(B) obtains a court order for such disclosure under 
subsection (d) of this section;
``(C) has the consent of the subscriber or customer to such 
disclosure;
``(D) submits a formal written request relevant to a law 
enforcement investigation concerning telemarketing fraud for 
the name, address, and place of business of a subscriber or 
customer of such provider, which subscriber or customer is 
engaged in telemarketing (as such term is defined in section 
2325 of this title); or
``(E) seeks information under paragraph (2).
``(2) A provider of electronic communication service or remote 
computing service shall disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection records, 
or records of session times and durations;
``(D) length of service (including start date) and types of 
service utilized;
``(E) telephone or instrument number or other subscriber 
number or identity, including any temporarily assigned network 
address; and
``(F) means and source of payment for such service 
(including any credit card or bank account number),
of a subscriber to or customer of such service when the governmental 
entity uses an administrative subpoena authorized by a Federal or State 
statute or a Federal or State grand jury or trial subpoena or any means 
available under paragraph (1).
``(3) A governmental entity receiving records or information under 
this subsection is not required to provide notice to a subscriber or 
customer.
``(d) Requirements for Court Order.--A court order for disclosure 
under subsection (b) or (c) may be issued by any court that is a court 
of competent jurisdiction and shall issue only if the governmental 
entity offers specific and articulable facts showing that there are 
reasonable grounds to believe that the contents of a wire or electronic 
communication, or the records or other information sought, are relevant 
and material to an ongoing criminal investigation. Such a court order 
shall not issue if prohibited by the law of the applicable State. A 
court issuing an order pursuant to this section, on a motion made 
promptly by the service provider, may quash or modify such order, if 
the information or records requested are unusually voluminous in nature 
or compliance with such order otherwise would cause an undue burden on 
such provider.
``(e) No Cause of Action Against a Provider Disclosing Information 
Under This Chapter.--No cause of action shall lie in any court against 
any provider of wire or electronic communication service, its officers, 
employees, agents, or other specified persons for providing 
information, facilities, or assistance in accordance with the terms of 
a court order, warrant, subpoena, statutory authorization, or 
certification under this chapter.
``(f) Requirement To Preserve Evidence.--
``(1) In general.--A provider of wire or electronic 
communication services or a remote computing service, upon the 
request of a governmental entity, shall take all necessary 
steps to preserve records and other evidence in its possession 
pending the issuance of a court order or other process.
``(2) Period of retention.--Records referred to in 
paragraph (1) shall be retained for a period of 90 days, which 
shall be extended for an additional 90-day period upon a 
renewed request by the governmental entity.
``(g) Presence of Officer Not Required.--Notwithstanding section 
3105 of this title, the presence of an officer shall not be required 
for service or execution of a search warrant issued in accordance with 
this chapter requiring disclosure by a provider of electronic 
communications service or remote computing service of the contents of 
communications or records or other information pertaining to a 
subscriber to or customer of such service.
``(h) Limitation to Non-Federal Entities.--Notwithstanding section 
2711, in this section, the term `governmental entity'--
``(1) means a department or agency of a State or a 
political subdivision thereof; and
``(2) does not include a department or agency of the United 
States.''.
(3) Tracking orders by departments and agencies of states 
and local governments.--Chapter 205 of title 18, United States 
Code, is amended by inserting after section 3117 the following:
``Sec. 3117A. Mobile tracking devices for State and local departments 
and agencies
``(a) In General.--If a court is empowered to issue a warrant or 
other order for the installation of a mobile tracking device, such 
order may authorize the use of that device by a department or agency of 
a State or a political subdivision of a State within the jurisdiction 
of the court, and outside that jurisdiction if the device is installed 
in that jurisdiction.
``(b) Definition.--As used in this section, the term `tracking 
device' means an electronic or mechanical device which permits the 
tracking of the movement of a person or object.''.
(4) Consistent protections from state and local law 
enforcement for real-time and historical metadata.--Section 
3122(b)(2) of title 18, United States Code, as amended by 
section 605(1) of this Act, is amended by inserting after 
subparagraph (A) the following:
``(B) for an application submitted by a State law 
enforcement or investigative officer, a certification by the 
applicant that the information likely to be obtained is 
relevant to an ongoing criminal investigation being conducted 
by that agency.''.
(b) Limitation on Federal Governmental Entities .--
(1) In general.--A department or agency of the United 
States may not obtain or acquire any communications, data, 
records, or other information, or any evidence derived 
therefrom, from a department or agency of a State or a 
political subdivision thereof that was obtained or acquired by 
the department or agency of a State or political subdivision 
thereof in a manner that would be a violation of Federal law if 
obtained or acquired by the department or agency of the United 
States, or in a manner that would not satisfy the legal 
standards applicable to the department or agency of the United 
States.
(2) Limitation of use as evidence.--Communications, data, 
records, other information, or evidence obtained or acquired in 
violation of paragraph (1), and any evidence derived therefrom, 
may not be used, received in evidence, or otherwise 
disseminated by, on behalf of, or upon a motion or other action 
by a department or agency of the United States in any 
investigation, trial, hearing, or other proceeding by, in, or 
before any court, grand jury, department, officer, agency, 
regulatory body, legislative committee, or other authority of 
the United States, a State, or a political subdivision thereof.
(3) Use by aggrieved parties.--Nothing in paragraph (2) 
shall be construed to limit the use of any information by a 
person aggrieved of a violation of paragraph (1) in connection 
with any action relating to such a violation.
(c) Technical and Conforming Amendments.--
(1) Homeland security act of 2002.--The Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 2207(d)(2) (6 U.S.C. 657(d)(2)), by 
striking ``section 2702(b)'' and inserting ``subsection 
(b) or (h) of section 2702, as applicable,''; and
(B) in section 2220C(e) (6 U.S.C. 665i(e)), by 
striking ``section 2702'' and inserting ``subsection 
(b) or (h) of section 2702, as applicable,''.
(2) Chapter 110.--Chapter 110 of title 18, United States 
Code, is amended--
(A) in section 2258A(g)(4), by inserting ``or 
subparagraphs (C) through (G) of section 2702(h)(3), as 
applicable'' after ``section 2702(b)''; and
(B) in section 2258B--
(i) in subsection (b)(2)(C), by striking 
``sections 2258A, 2258C, 2702, or 2703'' and 
inserting ``section 2258A, section 2258C, 
subsection (b) or (h) of section 2702 (as 
applicable), or section 2703 or 2703A (as 
applicable)''; and
(ii) in subsection (d)(2)(B)(iii)(II), by 
striking ``sections 2258A, 2258C, 2702, or 
2703'' and inserting ``section 2258A, section 
2258C, subsection (b) or (h) of section 2702 
(as applicable), or section 2703 or 2703A (as 
applicable)''.
(3) Chapter 121.--Chapter 121 of title 18, United States 
Code, is amended--
(A) in section 2701(c)(3), by striking ``section 
2703'' and inserting ``section 2703 or 2703A (as 
applicable)'';
(B) in section 2705--
(i) by striking ``section 2703(b)'' each 
place it appears and inserting ``section 
2703A(b)'';
(ii) in subsection (a)(4), by striking 
``section 2703'' and inserting ``section 2703 
or 2703A, as applicable,''; and
(iii) in subsection (b), in the matter 
preceding paragraph (1)--
(I) by striking ``section 2703'' 
and inserting ``section 2703 or 2703A, 
as applicable,''; and
(II) by striking ``section 
2703(b)(1)'' and inserting ``section 
2703A(b)(1)'';
(C) in section 2706--
(i) in subsection (a), by striking 
``section 2702, 2703, or 2704 of this title'' 
and inserting ``subsection (b) or (h) of 
section 2702 (as applicable), section 2703 or 
2703A (as applicable), or section 2704''; and
(ii) in subsection (c), by striking 
``section 2703 of this title'' and inserting 
``section 2703 or 2703A, as applicable''; and
(D) in section 2707--
(i) in subsection (a), by striking 
``section 2703(e),'' and inserting ``section 
2703(e) or section 2703A(e), as applicable,'';
(ii) in subsection (e)(1), by striking 
``section 2703(f) of this title'' and inserting 
``section 2703(f) or section 2703A(f), as 
applicable''; and
(iii) in subsection (g), by striking 
``section 2703 of this title,'' and inserting 
``section 2703 or 2703A, as applicable,''.
(4) Definition of electronic communication.--Section 
2510(12)(C) of title 18, United States Code, is amended to read 
as follows:
``(C)(i) in the case of a department or agency of 
the United States, 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
``(ii) in the case of a department or agency of a 
State or a political subdivision thereof, any 
communication from a tracking device (as defined in 
section 3117A of this title); or''.
(5) Chapter 121 table of sections.--The table of sections 
for chapter 121 of title 18, United States Code, is amended by 
striking the item relating to section 2703 and inserting the 
following:

``2703. Required disclosure of customer communications or records to 
Federal departments and agencies.
``2703A. Required disclosure of customer communications or records to 
State and local departments and 
agencies.''.
(6) Chapter 205 table of sections.--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 for Federal departments and agencies.
``3117A. Mobile tracking devices for State and local departments and 
agencies.''.
(d) Conforming Amendments to the Email Privacy Act.--Section 2704 
of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 
2703(b)(2)'' and inserting ``section 2703A(b)(2)''; and
(B) in paragraph (5), by striking ``section 2703'' 
and inserting ``section 2703A''; and
(2) by adding at the end the following:
``(c) Limitation to Non-Federal Entities.--Notwithstanding section 
2711, in this section, the term `governmental entity'--
``(1) means a department or agency of a State or a 
political subdivision thereof; and
``(2) does not include a department or agency of the United 
States.''.

TITLE VII--PROTECTION OF CAR DATA FROM FEDERAL WARRANTLESS SEARCHES

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

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

``CHAPTER 124--ACCESSING VEHICLE DATA

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

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

TITLE VIII--INTELLIGENCE TRANSPARENCY

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

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

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

(a) In General.--Subsection (b) of section 603 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(b)) is amended--
(1) in paragraph (2)(C), by striking the semicolon and 
inserting ``; and'';
(2) by redesignating paragraphs (3) through (7) as 
paragraphs (6) through (10), respectively;
(3) by inserting after paragraph (2) the following:
``(3) a description of the subject matter of each of the 
certifications provided under section 702(h);
``(4) statistics revealing the number of persons and 
identifiers targeted under section 702(a), disaggregated by 
certification under which the person or identifier was 
targeted;
``(5) the total number of directives issued pursuant to 
section 702(i)(1), disaggregated by each type of electronic 
communication service provider described in each of the 
subparagraphs of section 701(b)(4);''; and
(4) by adding at the end the following:
``(11)(A) the total number of disseminated intelligence 
reports derived from collection pursuant to section 702 
containing the identities of United States persons regardless 
of whether the identities of the United States persons were 
openly included or masked;
``(B) the total number of disseminated intelligence reports 
derived from collection pursuant to section 702 containing the 
identities of United States persons in which the identities of 
the United States persons were masked;
``(C) the total number of disseminated intelligence reports 
derived from collection outside the authorities provided by 
this Act containing the identities of United States persons in 
which the identities of the United States persons were masked;
``(D) the total number of disseminated intelligence reports 
derived from collection pursuant to section 702 containing the 
identities of United States persons in which the identities of 
the United States persons were openly included; and
``(E) the total number of disseminated intelligence reports 
derived from collection outside the authorities provided by 
this Act containing the identities of United States persons in 
which the identities of the United States persons were openly 
included;
``(12)(A) the number of queries conducted in an effort to 
find communications or information of or about a covered person 
that required a warrant pursuant to section 302 of the 
Government Surveillance Reform Act of 2026; and
``(B) the number of queries conducted in an effort to find 
communications or information of or about a covered person that 
did not require a warrant pursuant to section 302 of the 
Government Surveillance Reform Act of 2026; and
``(13) the number of criminal proceedings in which the 
Federal Government or a government of a State or political 
subdivision thereof entered into evidence or otherwise used or 
disclosed in a criminal proceeding any information obtained or 
derived from an acquisition conducted for foreign intelligence 
purposes outside the authorities provided by this Act, 
regardless of whether such acquisition occurred inside or 
outside the United States.''.
(b) Repeal of Nonapplicability to Federal Bureau of Investigation 
of Certain Requirements.--Subsection (d) of such section is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Conforming Amendment.--Subsection (d)(1) of such section is 
amended by striking ``paragraphs (3), (5), or (6)'' and inserting 
``paragraph (6), (8), or (9)''.

SEC. 803. ANNUAL REPORTING ON ACCURACY AND COMPLETENESS OF 
APPLICATIONS.

Section 603 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1873) is amended--
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Annual Report by Attorney General on Accuracy and 
Completeness of Applications.--
``(1) Report required.--In April each year, the Attorney 
General shall submit to the appropriate committees of Congress 
and publish on the website of the Department of Justice, 
subject to a declassification review, a report setting forth, 
with respect to the preceding calendar year, the following:
``(A) A summary of all accuracy or completeness 
reviews of applications for court orders submitted to 
the Foreign Intelligence Surveillance Court by the 
Federal Bureau of Investigation under this Act.
``(B) The total number of such applications 
reviewed for accuracy or completeness.
``(C) The total number of material errors or 
omissions identified during such reviews.
``(D) The total number of nonmaterial errors or 
omissions identified during such reviews.
``(E) The total number of instances in which facts 
contained in an application were not supported by 
documentation that existed in the applicable file being 
reviewed at the time of the review.
``(F) An explanation for any increase or decrease 
in the number of errors identified under subparagraphs 
(C) and (D), and in the event of an increase in the 
number of errors, a description of any action taken by 
the Department to improve compliance and accuracy.
``(2) Inspector general risk assessment.--In addition to 
conducting audits under section 501 of the Government 
Surveillance Reform Act of 2026, the Inspector General of the 
Department of Justice shall--
``(A) periodically assess the reports required by 
paragraph (1); and
``(B) as determined by the Inspector General, 
report any risks identified through such assessments to 
the appropriate committees of Congress.
``(3) Definition of appropriate committees of congress.--In 
this subsection, the term `appropriate committees of Congress' 
has the meaning given that term in section 101.''.

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

(a) Modification of Aggregation Banding.--Subsection (a) of section 
604 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1874) is amended--
(1) by striking paragraphs (1) through (3) and inserting 
the following:
``(1) A semiannual report that aggregates the number of 
orders, directives, or national security letters with which the 
person was required to comply into separate categories of--
``(A) the number of national security letters 
received, reported--
``(i) for the first 1,000 national security 
letters received, in bands of 200 starting with 
1-200; and
``(ii) for more than 1,000 national 
security letters received, the precise number 
of national security letters received;
``(B) the number of customer selectors targeted by 
national security letters, reported--
``(i) for the first 1,000 customer 
selectors targeted, in bands of 200 starting 
with 1-200; and
``(ii) for more than 1,000 customer 
selectors targeted, the precise number of 
customer selectors targeted;
``(C) the number of orders or directives received, 
combined, under this Act for contents--
``(i) reported--
``(I) for the first 1,000 orders 
and directives received, in bands of 
200 starting with 1-200; and
``(II) for more than 1,000 orders 
and directives received, the precise 
number of orders received; and
``(ii) disaggregated by whether the order 
or directive was issued under section 105, 402, 
or 702;
``(D) the number of customer selectors targeted 
under orders or directives received, combined, under 
this Act for contents--
``(i) reported--
``(I) for the first 1,000 customer 
selectors targeted, in bands of 200 
starting with 1-200; and
``(II) for more than 1,000 customer 
selectors targeted, the precise number 
of customer selectors targeted; and
``(ii) disaggregated by whether the order 
or directive was issued under section 105, 402, 
or 702;
``(E) the number of orders or directives received 
under this Act for noncontents--
``(i) reported--
``(I) for the first 1000 orders or 
directives received, in bands of 200 
starting with 1-200; and
``(II) for more than 1,000 orders 
or directives received, the precise 
number of orders received; and
``(ii) disaggregated by whether the order 
or directive was issued under section 105, 402, 
or 702; and
``(F) the number of customer selectors targeted 
under orders or directives under this Act for 
noncontents--
``(i) reported--
``(I) for the first 1,000 customer 
selectors targeted, in bands of 200 
starting with 1-200; and
``(II) for more than 1,000 customer 
selectors targeted, the precise number 
of customer selectors targeted; and
``(ii) disaggregated by whether the order 
or directive was issued under section 105, 402, 
or 702.''; and
(2) by redesignating paragraph (4) as paragraph (2).
(b) Additional Disclosures.--Such section is amended--
(1) by redesignating subsections (b) through (d) as 
subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Additional Disclosures.--A person who publicly reports 
information under subsection (a) may also publicly report, using a 
semiannual report, information relating to the previous 180 days that 
indicates whether the person was or was not required to comply with an 
order, directive, or national security letter issued under each of 
sections 105, 402, and 702 and the provisions listed in section 
603(f)(3).''.
(c) Conforming Amendments.--Subsection (c) of such section, as 
redesignated by subsection (b)(1) of this section, is amended--
(1) in paragraph (1), by striking ``or (2)'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking 
``(4)'' and inserting ``(2)''.

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

(a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Privacy and Civil Liberties Oversight Board shall make 
publicly available and submit to the appropriate committees of Congress 
a report on the use of activities and protected classes described in 
subsection (b) in--
(1) applications for orders made by the United States 
Government under the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.); and
(2) investigations for which such orders are sought.
(b) Activities and Protected Classes Described.--The activities and 
protected classes described in this subsection are the following:
(1) Activities and expression protected by the First 
Amendment to the Constitution of the United States.
(2) Race, ethnicity, national origin, and religious 
affiliation.
(c) Form.--In addition to the report made publicly available and 
submitted under subsection (a), the Board may submit to the appropriate 
committees of Congress a classified annex.

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

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

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

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

TITLE IX--SEVERABILITY AND LIMITED DELAYS IN IMPLEMENTATION

SEC. 901. RULE OF CONSTRUCTION WITH RESPECT TO STATE AND LOCAL LAW 
ENFORCEMENT AUTHORITIES.

Nothing in this Act, or an amendment made by this Act, shall be 
construed to modify the authorities or affect the procedures for the 
acquisition of records by any department or agency of a State or a 
political subdivision thereof as in effect on the day before the date 
of the enactment of this Act.

SEC. 902. SEVERABILITY.

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

SEC. 903. LIMITED DELAYS IN IMPLEMENTATION.

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