S. 4280

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4280 Placed on Calendar Senate (PCS)]

<DOC>

Calendar No. 371
119th CONGRESS
2d Session
S. 4280

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 13, 2026

Mr. Lee (for himself and Mr. Durbin) introduced the following bill; 
which was read the first time

April 14, 2026

Read the second time and placed on the calendar

_______________________________________________________________________

A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Security And 
Freedom Enhancement Act of 2026'' or the ``SAFE Act''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Query procedure reform.
Sec. 102. Annual reports.
Sec. 103. Accountability and reporting procedures for compliance 
violations relating to queries conducted by 
the Federal Bureau of Investigation.
Sec. 104. Prohibition on reverse targeting of United States persons and 
persons located in the United States.
Sec. 105. FISA court review of targeting decisions.
Sec. 106. Sunset of changes to definition of electronic communication 
service provider.
Sec. 107. Limitation on directives under Foreign Intelligence 
Surveillance Act of 1978 relating to 
certain electronic communication service 
providers.
Sec. 108. Extension of title VII of FISA; expiration of FISA 
authorities; effective dates.
TITLE II--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN 
INTELLIGENCE SURVEILLANCE ACT OF 1978

Sec. 201. Required disclosure of information and limits on use of 
certain information and on issuance of 
orders.
Sec. 202. Criminal penalties for violations of FISA.
Sec. 203. Agency procedures To ensure compliance.
Sec. 204. Limit on civil immunity for providing information, 
facilities, or technical assistance to the 
Government absent a court order.
Sec. 205. Prohibition on avoiding disclosure obligations through 
parallel construction.
Sec. 206. Sunset on grandfather clause of FISA's business records 
provision.
TITLE III--REFORMS RELATING TO PROCEEDINGS BEFORE THE FOREIGN 
INTELLIGENCE SURVEILLANCE COURT AND OTHER COURTS

Sec. 301. Foreign Intelligence Surveillance Court reform.
Sec. 302. Public disclosure and declassification of certain documents.
Sec. 303. Technical amendment to contempt power of FISC and FISC-R.
TITLE IV--INDEPENDENT EXECUTIVE BRANCH OVERSIGHT

Sec. 401. Periodic audit of FISA compliance by Inspector General.
TITLE V--PROTECTIONS FOR UNITED STATES PERSONS WHOSE SENSITIVE 
INFORMATION IS PURCHASED BY INTELLIGENCE AND LAW ENFORCEMENT AGENCIES

Sec. 501. Limitation on intelligence acquisition of United States 
person data.
Sec. 502. Limitation on law enforcement purchase of personal data from 
data brokers.
Sec. 503. Consistent protections for demands for data held by 
interactive computing services.
Sec. 504. Consistent privacy protections for data held by data brokers.
Sec. 505. Protection of data entrusted to intermediary or ancillary 
service providers.
TITLE VI--TRANSPARENCY

Sec. 601. Enhanced reports by Director of National Intelligence.
Sec. 602. Notification to Congress of certain unauthorized disclosures.
TITLE VII--LIMITED DELAYS IN IMPLEMENTATION

Sec. 701. Limited delays in implementation.

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

SEC. 101. QUERY PROCEDURE REFORM.

(a) Mandatory Audits of United States Person Queries Conducted by 
Federal Bureau of Investigation.--
(1) In general.--The Department of Justice shall conduct an 
audit that reviews each covered query, as defined in paragraph 
(8) of section 702(f) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881a(f)), as redesignated and amended 
by subsection (b) of this section, conducted during the 180-day 
period beginning on the date of enactment of this Act, and 
during each 180-day period thereafter.
(2) Completion of audit.--
(A) In general.--Not later than 90 days after the 
end of each 180-day period described in paragraph (1), 
the Department of Justice shall complete the audit 
described in such paragraph with respect to such 180-
day period.
(B) Submission to congress.--Not later than 30 days 
after completing each audit required under paragraph 
(1), the Department of Justice shall submit to the 
appropriate committees of Congress the complete and 
unredacted results of the audit.
(C) Briefing regarding untimely audits.--If the 
Department of Justice fails to complete and send the 
results of an audit required under paragraph (1) to the 
appropriate committees of Congress on or before the 
date that 120 days after the end of the 180-day period 
to which the audit relates, not later than 127 days 
after the end of such 180-day period, the Department of 
Justice shall conduct an in-person briefing with the 
appropriate committees of Congress.
(D) Definition.--In this paragraph, the term 
``appropriate committees of Congress'' means--
(i) the congressional intelligence 
committees (as defined in section 3 of the 
National Security Act of 1947 (50 U.S.C. 
3003));
(ii) the Committee on the Judiciary of the 
Senate; and
(iii) the Committee on the Judiciary of the 
House of Representatives.
(3) Repeal of superseded audit requirement.--Section 2(c) 
of the Reforming Intelligence and Securing America Act (50 
U.S.C. 1881a note) is repealed.
(b) Restrictions Relating to Conduct of Certain Queries by Federal 
Bureau of Investigation.--Section 702(f) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended--
(1) by redesignating paragraph (5) as paragraph (8);
(2) by inserting before paragraph (8), as so redesignated, 
the following:
``(7) Querying procedures applicable to federal bureau of 
investigation.--For any procedures adopted under paragraph (1) 
applicable to the Federal Bureau of Investigation, the Attorney 
General, in consultation with the Director of National 
Intelligence, shall include the following requirements:
``(A) Training.--A requirement that, prior to 
conducting any query, and on an annual basis thereafter 
as a prerequisite for continuing to conduct queries, 
personnel of the Federal Bureau of Investigation 
successfully complete training on the querying 
procedures.
``(B) Additional prior approvals for sensitive 
queries.--A requirement that, absent exigent 
circumstances, prior to conducting certain queries, 
personnel of the Federal Bureau of Investigation 
receive approval, at minimum, as follows:
``(i) Approval from an attorney at the 
Federal Bureau of Investigation if the query 
uses a query term reasonably believed to 
identify a United States elected official, a 
governor of a State, an appointee of the 
President or the governor of a State, a United 
States political candidate, a United States 
political organization or a United States 
person prominent in such organization, a United 
States media organization or a United States 
person who is a member of such organization, a 
justice, judge, bankruptcy judge, or magistrate 
judge of the United States, or a judge or 
justice of the highest court of a State.
``(ii) Approval from an attorney of the 
Federal Bureau of Investigation if the query 
uses a query term reasonably believed to 
identify a United States religious organization 
or a United States person who is prominent in 
such organization.
``(iii) Approval from an attorney of the 
Federal Bureau of Investigation for 2 or more 
queries conducted together, including through 
the use of batch job technology, any successor 
tool, or any other batch query method.
``(C) Prior written justification.--A requirement 
that--
``(i) prior to conducting a covered query, 
personnel of the Federal Bureau of 
Investigation generate a written statement of 
the specific factual basis to support the 
reasonable belief that such query meets the 
standards required by the procedures adopted 
under paragraph (1), which shall, for each 
covered query relating to the same United 
States person or persons, explain and support 
each individual query; and
``(ii) for each covered query, the Federal 
Bureau of Investigation shall keep a record of 
the query term or terms, the date of the query, 
the identifier of the personnel conducting the 
query, and the written statement of the 
specific factual basis required under clause 
(i).
``(D) Affirmative election to include section 702 
information in queries.--Any system of the Federal 
Bureau of Investigation that stores unminimized 
contents or noncontents obtained through acquisitions 
authorized under subsection (a) together with contents 
or noncontents obtained through other lawful means 
shall be configured in a manner that requires personnel 
of the Federal Bureau of Investigation who are in 
compliance with the training requirement under 
subparagraph (A) to conduct such a query to 
affirmatively elect to include such unminimized 
contents or noncontents obtained through acquisitions 
authorized under subsection (a) when running a 
query.''; and
(3) in paragraph (8), as so redesignated--
(A) by striking subparagraph (B) and inserting the 
following:
``(B) The term `covered person' means--
``(i) a United States person; or
``(ii) a person reasonably believed to be 
located in the United States--
``(I) at the time of the applicable 
query; or
``(II) at the time of the 
communication or creation of the 
information subject to the applicable 
query.
``(C)(i) The term `covered query' means a query 
that--
``(I) is conducted using 1 or more terms 
associated with 1 or more covered persons, 
including but not limited to personally 
identifiable information;
``(II) is conducted in whole or in part for 
the purpose of detecting or retrieving 
information of or concerning 1 or more covered 
persons; or
``(III) is conducted with specific reason 
to believe the query will detect or retrieve 
information of or concerning 1 or more covered 
persons.
``(ii) Whether a query is a covered query shall be 
determined without regard to whether the information 
subject to the query has already been detected or 
retrieved using a method other than a query described 
in clause (i).
``(D) The term `query'--
``(i) means the use of any technique, 
whether manual or automated, to detect or 
retrieve information obtained through 
acquisitions authorized under subsection (a) 
from within a system, collection, or assortment 
of information, or a subset thereof; and
``(ii) does not include the manual 
observation of retrieved information.''.
(c) Prohibition on Warrantless Access to the Communications and 
Other Information of United States Persons and Persons Located in the 
United States.--Section 702(f) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881a(f)) is amended--
(1) in paragraph (1)(A) by inserting ``and the limitations 
and requirements in paragraph (2)'' after ``Constitution of the 
United States'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by striking paragraphs (2) and (3) and inserting the 
following:
``(2) Prohibition on warrantless access to the 
communications and other information of united states persons 
and persons located in the united states.--
``(A) In general.--Except as provided in 
subparagraph (B), no officer or employee of any agency 
that has access to unminimized communications or 
information obtained through an acquisition under this 
section may access communications content, or 
information the compelled disclosure of which would 
require a probable cause warrant if sought for law 
enforcement purposes inside the United States, acquired 
under subsection (a) and returned in response to a 
covered query.
``(B) Exceptions for concurrent authorization, 
exigent circumstances, consent, and certain defensive 
cybersecurity queries.--
``(i) In general.--Subparagraph (A) shall 
not apply if--
``(I) the person to whom the 
covered query relates is the subject of 
an order authorizing electronic 
surveillance, a physical search, or an 
acquisition under section 105, section 
304, section 703, or section 704 of 
this Act or a warrant issued pursuant 
to the Federal Rules of Criminal 
Procedure by a court of competent 
jurisdiction;
``(II)(aa) the person to whom the 
covered query relates is the subject of 
an emergency authorization authorizing 
electronic surveillance, a physical 
search, or an acquisition under section 
105, section 304, section 703, or 
section 704 of this Act;
``(bb) not later than 7 days after 
the results of the covered query are 
accessed, a description of the 
circumstances justifying the accessing 
of the results of the covered query is 
provided to the congressional 
intelligence committees, the Committee 
on the Judiciary of the House of 
Representatives, and the Committee on 
the Judiciary of the Senate;
``(cc) the Attorney General makes 
or has made an application to the 
Foreign Intelligence Surveillance Court 
in accordance with section 
105(e)(1)(D), section 304(e)(1)(D), 
section 703(d)(1), or section 704(d)(1) 
of this Act; and
``(dd) in the event such 
application is denied, the requirements 
of section 105(e)(5), 304(e)(5), 
section 703(d)(4), or section 
704(d)(4), as applicable, are followed;
``(III) such person or, if such 
person is incapable of providing 
consent, a third party legally 
authorized to consent on behalf of such 
person, has provided consent for the 
access on a case-by-case basis; or
``(IV)(aa) the communications 
content or information is accessed and 
used for the sole purpose of 
identifying a potential victim or 
unwitting conduit of malicious cyber 
activity who is not a potential 
perpetrator of such activity;
``(bb) other than for the purposes 
described in item (aa), no 
communications content or other 
information described in subparagraph 
(A) are accessed or reviewed; and
``(cc) the accessing of query 
results is reported to the Foreign 
Intelligence Surveillance Court.
``(ii) Limitations.--No communications 
content or information accessed under clause 
(i)(II) or information derived from such access 
may be used, received in evidence, or otherwise 
disseminated in any trial, hearing, or other 
proceeding in or before any court, grand jury, 
department, office, agency, regulatory body, 
legislative committee, or other authority of 
the United States, a State, or political 
subdivision thereof, except in a proceeding 
that arises from the circumstances to which the 
applicable emergency authorization relates.
``(iii) Assessment of compliance.--Not less 
frequently than annually, the Attorney General 
shall assess--
``(I) compliance with the 
requirements under clause (i)(II)(cc); 
and
``(II) compliance with the 
requirements under clause (ii).
``(C) Foreign intelligence purpose.--
``(i) In general.--Except as provided in 
clause (ii) of this subparagraph, no officer or 
employee of any agency that has access to 
unminimized communications or information 
obtained through an acquisition under this 
section may conduct a covered query of 
information acquired under subsection (a) 
unless the query is reasonably likely to 
retrieve foreign intelligence information.
``(ii) Exceptions.--An officer or employee 
of an agency that has access to unminimized 
communications or information obtained through 
an acquisition under this section may conduct a 
covered query of information acquired under 
this section if--
``(I)(aa) the officer or employee 
conducting the query has a reasonable 
belief that--
``(AA) an emergency exists 
involving an imminent threat of 
death or serious bodily harm; 
and
``(BB) the query could 
reasonably be expected to 
assist in mitigating or 
eliminating that threat to life 
or serious bodily harm; and
``(bb) not later than 7 days after 
the query is conducted, a description 
of the query is provided to the Foreign 
Intelligence Surveillance Court, the 
congressional intelligence committees, 
the Committee on the Judiciary of the 
House of Representatives, and the 
Committee on the Judiciary of the 
Senate; or
``(II) the query is necessary to 
identify information that must be 
produced or preserved in connection 
with a litigation matter or to fulfill 
discovery obligations in a criminal 
matter under the laws of the United 
States or any State thereof.
``(D) Notification and consent requirements.--
``(i) Appropriate congressional leadership 
defined.--In this subparagraph, the term 
`appropriate congressional leadership' means 
the following:
``(I) The chairs and ranking 
minority members of the congressional 
intelligence committees.
``(II) The chair and ranking 
minority member of the Committee on the 
Judiciary of the Senate and the chair 
and ranking minority member of 
Committee on the Judiciary of the House 
of Representatives.
``(III) The Speaker and minority 
leader of the House of Representatives.
``(IV) The majority and minority 
leaders of the Senate.
``(ii) Notification requirement for certain 
fbi queries.--
``(I) Requirement.--The Director of 
the Federal Bureau of Investigation 
shall promptly notify appropriate 
congressional leadership of any query 
conducted by the Federal Bureau of 
Investigation using a query term that 
is reasonably believed to be the name 
or other personally identifying 
information of a Member of Congress, 
and shall also notify the Member who is 
the subject of such query.
``(II) National security 
considerations.--In submitting a 
notification under subclause (I), the 
Director shall give due regard to the 
protection of classified information, 
sources and methods, and national 
security.
``(III) Waiver.--
``(aa) In general.--The 
Director may waive a 
notification required under 
subclause (I) if the Director 
determines such notification 
would impede an ongoing 
national security or law 
enforcement investigation.
``(bb) Termination.--A 
waiver under item (aa) shall 
terminate on the date the 
Director determines the 
relevant notification would not 
impede the relevant national 
security or law enforcement 
investigation or on the date 
that such investigation ends, 
whichever is earlier.
``(iii) Consent required for fbi to conduct 
certain queries for purpose of defensive 
briefing.--
``(I) Consent required.--The 
Federal Bureau of Investigation may 
not, for the purpose of supplementing 
the contents of a briefing on the 
defense against a counterintelligence 
threat to a Member of Congress, conduct 
a query using a query term that is the 
name or restricted personal information 
(as such term is defined in section 119 
of title 18, United States Code) of 
that Member unless--
``(aa) the Member provides 
consent to the use of the query 
term; or
``(bb) the Deputy Director 
of the Federal Bureau of 
Investigation determines that 
exigent circumstances exist 
sufficient to justify the 
conduct of such query.
``(II) Notification.--
``(aa) Notification of 
consent sought.--Not later than 
3 business days after 
submitting a request for 
consent from a Member of 
Congress under subclause (I), 
the Director of the Federal 
Bureau of Investigation shall 
notify the appropriate 
congressional leadership, 
regardless of whether the 
Member provided such consent.
``(bb) Notification of 
exception used.--Not later than 
3 business days after the 
conduct of a query under 
subclause (I) without consent 
on the basis of the existence 
of exigent circumstances 
determined under item (bb) of 
such subclause, the Director of 
the Federal Bureau of 
Investigation shall notify the 
appropriate congressional 
leadership.
``(III) Rule of construction.--
Nothing in this clause may be construed 
as--
``(aa) applying to matters 
outside of the scope of the 
briefing on the defense against 
a counterintelligence threat to 
be provided or supplemented 
under subclause (I); or
``(bb) limiting the lawful 
investigative activities of the 
Federal Bureau of Investigation 
other than supplementing the 
contents of a briefing on the 
defense against a 
counterintelligence threat to a 
Member of Congress.
``(3) Documentation.--No officer or employee of any agency 
that has access to unminimized communications or information 
obtained through an acquisition under this section may access 
communications content, or information the compelled disclosure 
of which would require a probable cause warrant if sought for 
law enforcement purposes inside the United States, returned in 
response to a covered query unless an electronic record is 
created that includes a statement of facts showing that the 
access is authorized pursuant to an exception specified in 
paragraph (2)(B).
``(4) Query record system.--The head of each agency that 
has access to unminimized communications or information 
obtained through an acquisition under this section shall ensure 
that a system, mechanism, or business practice is in place to 
maintain the records described in paragraph (3). Not later than 
90 days after the date of enactment of the SAFE Act, the head 
of each agency that has access to unminimized communications or 
information obtained through an acquisition under this section 
shall report to Congress on its compliance with this 
procedure.''.
(d) Conforming Amendments.--
(1) Section 603(b)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1873(b)(2)) is amended, in 
the matter preceding subparagraph (A), by striking ``, 
including pursuant to subsection (f)(2) of such section,''.
(2) Section 706(a)(2)(A)(i) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881e(a)(2)(A)(i)) is 
amended by striking ``obtained an order of the Foreign 
Intelligence Surveillance Court to access such information 
pursuant to section 702(f)(2)'' and inserting ``accessed such 
information in accordance with section 702(b)(2)''.

SEC. 102. ANNUAL REPORTS.

(a) In General.--Section 707 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881f) is amended by adding at the 
end the following:
``(c) Annual Reports.--
``(1) In general.--The Attorney General, in consultation 
with the Director of National Intelligence, shall submit to the 
congressional intelligence committees, the Committee on the 
Judiciary of the Senate, and the Committee on the Judiciary of 
the House of Representatives an annual report, which shall 
include, for that year, disaggregated by each agency that 
conducts queries of information acquired under section 702, the 
following information:
``(A) The total number of covered queries (as 
defined in section 702(f)(8)) conducted of information 
acquired under section 702.
``(B) The number of times an officer or employee of 
the United States accessed communications contents (as 
defined in section 2510(8) of title 18, United States 
Code) or information the compelled disclosure of which 
would require a probable cause warrant if sought for 
law enforcement purposes in the United States, returned 
in response to such queries.
``(C) The number of applications for orders 
described in subclause (I) of section 702(f)(2)(B)(i) 
with respect to a person for which communications 
contents or information relating to such person were 
accessed under such subclause and the number of such 
orders granted.
``(D) The number of times an exception under 
subclause (II), (III), or (IV) of section 
702(f)(2)(B)(i) was asserted, disaggregated by the 
subclause under which an exception was asserted.
``(E) The number of times that 2 or more approved 
queries were conducted together, through the use of 
batch job technology, any successor tool, or any other 
batch query method.
``(F) The number of queries run by an agency with 
access to unminimized communications or information 
obtained through an acquisition under section 702 run 
at the request of or on behalf of 1 or more other 
agencies that do not have such access, broken down by 
the agency that ran the query, the agency for whom the 
query was run, and the date of the query.
``(2) Public availability.--Subject to declassification 
review by the Attorney General and the Director of National 
Intelligence, each annual report submitted pursuant to 
paragraph (1) shall be made publicly available during April of 
each year and include information relating to the previous 
calendar year.''.
(b) Repeal of Superseded Reporting Requirement.--Section 603 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873) is 
amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).

SEC. 103. ACCOUNTABILITY AND REPORTING PROCEDURES FOR COMPLIANCE 
VIOLATIONS RELATING TO QUERIES CONDUCTED BY THE FEDERAL 
BUREAU OF INVESTIGATION.

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

``SEC. 710. ACCOUNTABILITY PROCEDURES FOR INCIDENTS RELATING TO QUERIES 
CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION.

``(a) In General.--The Director of the Federal Bureau of 
Investigation shall establish procedures to hold employees of the 
Federal Bureau of Investigation accountable for violations of law, 
guidance, and procedure governing queries of information acquired 
pursuant to section 702.
``(b) Elements.--The procedures established under subsection (a) 
shall include the following:
``(1) Centralized tracking of individual employee 
performance incidents involving violations of law, guidance, 
and procedure described in subsection (a), over time.
``(2) Escalating consequences for such incidents, 
including--
``(A) consequences for initial incidents, 
including, at a minimum--
``(i) suspension of access to information 
acquired under this Act pending remedial 
action; and
``(ii) documentation of the incident in the 
personnel file of each employee responsible for 
the violation; and
``(B) consequences for subsequent incidents, 
including, at a minimum--
``(i) possible indefinite suspension of 
access to information acquired under this Act;
``(ii) reassignment of each employee 
responsible for the violation; and
``(iii) referral of the incident to the 
Inspection Division of the Federal Bureau of 
Investigation for review of potentially 
reckless conduct.
``(3) Clarification of requirements for referring 
intentional misconduct and reckless conduct to the Inspection 
Division of the Federal Bureau of Investigation for 
investigation and disciplinary action by the Office of 
Professional Responsibility of the Federal Bureau of 
Investigation.''.
(b) Clerical Amendment.--The table of contents for the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by inserting after the item relating to section 709 the 
following:

``Sec. 710. Accountability procedures for incidents relating to queries 
conducted by the Federal Bureau of 
Investigation.''.
(c) Report Required.--
(1) Initial report.--Not later than 180 days after the date 
of enactment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to the Committee on the Judiciary of 
the House of Representatives, the Committee on the Judiciary of 
the Senate, and the congressional intelligence committees (as 
such term is defined in section 801 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1885)) a report detailing 
the procedures established under section 710 of the Foreign 
Intelligence Surveillance Act of 1978, as added by subsection 
(a).
(2) Annual report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Federal 
Bureau of Investigation shall submit to the Committee on the 
Judiciary of the House of Representatives, the Committee on the 
Judiciary of the Senate, and the congressional intelligence 
committees (as such term is defined in section 801 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1885)) 
a report on any disciplinary actions taken pursuant to the 
procedures established under section 710 of the Foreign 
Intelligence Surveillance Act of 1978, as added by subsection 
(a), including a description of the circumstances surrounding 
each such disciplinary action, and the results of each such 
disciplinary action.
(3) Form.--The reports required under paragraphs (1) and 
(2) shall be submitted in unclassified form, but may include a 
classified annex to the extent necessary to protect sources and 
methods.
(d) Annual Reports.--Paragraph (5) of section 702(f) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), as 
redesignated by section 101(c)(2) of this Act, is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as 
clauses (i), (ii), and (iii), respectively, and adjusting the 
margin accordingly;
(2) by striking ``The Director'' and inserting the 
following:
``(A) In general.--The Director''; and
(3) by adding at the end the following:
``(B) Annual reports.--The Director of the Federal 
Bureau of Investigation shall submit to the 
congressional intelligence committees, the Committee on 
the Judiciary of the Senate, and the Committee on the 
Judiciary of the House of Representatives an annual 
report on the actions taken under the minimum 
accountability standards issued under subparagraph 
(A).''.
(e) Restriction on Certain Information Available to the Federal 
Bureau of Investigation.--Section 702(n)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(n)(2)) is amended by 
inserting ``the Committee on the Judiciary of the Senate, the Committee 
on the Judiciary of the House of Representatives,'' after ``the 
congressional intelligence committees,''.

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

Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a) is amended--
(1) in subsection (b)(2), by striking ``if the purpose of 
such acquisition is to target a particular, known person 
reasonably believed to be in the United States;'' and inserting 
``if a purpose of such acquisition is to target 1 or more 
United States persons or persons reasonably believed to be 
located in the United States at the time of acquisition or 
communication;'';
(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) targeting 1 or more United States 
persons or persons reasonably believed to be in 
the United States at the time of acquisition or 
communication is not a purpose of an 
acquisition; 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) a purpose of an 
acquisition is not to target 1 
or more United States persons 
or persons reasonably believed 
to be in the United States at 
the time of acquisition or 
communication; and''; and
(4) in subsection (j)(2)(B), by amending clause (i) to read 
as follows:
``(i) ensure that--
``(I) an acquisition authorized 
under subsection (a) is limited to 
targeting persons reasonably believed 
to be non-United States persons located 
outside the United States; and
``(II) a purpose of an acquisition 
is not to target 1 or more United 
States persons or persons reasonably 
believed to be in the United States at 
the time of acquisition or 
communication; and''.

SEC. 105. FISA COURT REVIEW OF TARGETING DECISIONS.

Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a) is amended--
(1) in subsection (h)(2)--
(A) in subparagraph (D)(ii), by striking ``and'' at 
the end;
(B) in subparagraph (E), by striking the period at 
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) include a random sample of targeting 
decisions and supporting written justifications from 
the prior year, using a sample size and methodology 
that has been approved by the Foreign Intelligence 
Surveillance Court.''; and
(2) in subsection (j)(1)--
(A) by striking ``subsection (g)'' each place it 
appears and inserting ``subsection (h)''; and
(B) in subparagraph (A), as amended by subparagraph 
(A) of this paragraph, by inserting ``, including 
reviewing the random sample of targeting decisions and 
written justifications submitted under subsection 
(h)(2)(F),'' after ``subsection (h)''.

SEC. 106. SUNSET OF CHANGES TO DEFINITION OF ELECTRONIC COMMUNICATION 
SERVICE PROVIDER.

Effective on December 31, 2026, the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
(1) in section 701(b)(4) (50 U.S.C. 1881(b)(4))--
(A) in subparagraph (D), by adding ``or'' at the 
end;
(B) by striking subparagraph (E);
(C) by redesignating subparagraph (F) as 
subparagraph (E); and
(D) in subparagraph (E), as so redesignated--
(i) by striking ``custodian,''; and
(ii) by striking ``(D), or (E)'' and 
inserting ``or (D)''; and
(2) in section 801(6) (50 U.S.C. 1885(6))--
(A) by striking subparagraph (E);
(B) by redesignating subparagraphs (F) and (G) as 
subparagraphs (E) and (F), respectively;
(C) in subparagraph (E), as so redesignated, by 
adding ``or'' at the end; and
(D) in subparagraph (F), as so redesignated--
(i) by striking ``custodian,''; and
(ii) by striking ``(E), or (F)'' and 
inserting ``or (E)''.

SEC. 107. LIMITATION ON DIRECTIVES UNDER FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978 RELATING TO CERTAIN ELECTRONIC 
COMMUNICATION SERVICE PROVIDERS.

(a) In General.--Section 702(i) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(i)) is amended by adding at 
the end the following:
``(7) Limitation relating to certain electronic 
communication service providers.--
``(A) Definitions.--In this paragraph:
``(i) Appropriate committees of congress.--
The term `appropriate committees of Congress' 
means--
``(I) the congressional 
intelligence committees;
``(II) the Committee on the 
Judiciary of the Senate; and
``(III) the Committee on the 
Judiciary of the House of 
Representatives.
``(ii) Covered electronic communication 
service provider.--
``(I) In general.--Subject to 
subclause (II), the term `covered 
electronic communication service 
provider' means--
``(aa) a service provider 
described in section 
701(b)(4)(E);
``(bb) a custodian of an 
entity as defined in section 
701(b)(4)(F); or
``(cc) an officer, 
employee, or agent of a service 
provider described in section 
701(b)(4)(E).
``(II) Exclusion.--The term 
`covered electronic communication 
service provider' does not include--
``(aa) an electronic 
communication service provider 
described in subparagraph (A), 
(B), (C), or (D) of section 
701(b)(4); or
``(bb) an officer, 
employee, or agent of an 
electronic communication 
service provider described in 
subparagraph (A), (B), (C), or 
(D) of section 701(b)(4),
to the extent that the electronic 
communication service provider is 
providing the United States Government 
with information, facilities, or 
assistance pursuant to such 
subparagraphs.
``(iii) Covered opinions.--The term 
`covered opinions' means the opinions of the 
Foreign Intelligence Surveillance Court and the 
Foreign Intelligence Surveillance Court of 
Review authorized for public release on August 
23, 2023 (Opinion and Order, In re Petition to 
Set Aside or Modify Directive Issued to 
[REDACTED], No. [REDACTED], (FISA Ct. 
[REDACTED] 2022) (Contreras J.); Opinion, In re 
Petition to Set Aside or Modify Directive 
Issued to [REDACTED], No. [REDACTED], (FISA Ct. 
Rev. [REDACTED] 2023) (Sentelle, J.; Higginson, 
J.; Miller J.)).
``(B) Limitation.--A directive may not be issued 
under paragraph (1) to a covered electronic 
communication service provider unless the covered 
electronic communication service provider is a provider 
of the type of service at issue in the covered 
opinions.
``(C) Declassification review required.--
``(i) In general.--Not later than 180 days 
after the date of enactment of the SAFE Act, 
the Director of National Intelligence, in 
consultation with the Attorney General, shall 
complete a declassification review in 
accordance with section 3 of Executive Order 
13526 (50 U.S.C. 3161 note; relating to 
classified national security information), or 
any successor order, (in this subparagraph 
referred to as `Executive Order 13526') and, 
consistent with that review, make publicly 
available to the greatest extent practicable 
the type of service provider and services at 
issue in the covered opinions.
``(ii) Specific inquiry.--In conducting the 
review required under clause (i), the Director 
of National Intelligence and the Attorney 
General shall determine--
``(I) whether the information 
described in clause (i) continues to 
meet the requirements for 
classification set forth in Executive 
Order 13526; and
``(II) if the information described 
in clause (i) continues to meet the 
requirements for classification set 
forth in Executive Order 13526, whether 
the information should nonetheless be 
declassified pursuant to section 3.1(d) 
of Executive Order 13526.
``(iii) Factors.--In making a determination 
under subclause (II) of clause (ii), the 
Director of National Intelligence and the 
Attorney General shall consider--
``(I) the public interest served by 
ensuring that laws are public and 
transparent; and
``(II) the fact that the type of 
service provider or services at issue 
in the covered opinions have been the 
subject of public disclosures.
``(D) Requirements for directives to covered 
electronic communication service providers.--
``(i) In general.--Subject to clause (ii), 
any directive issued under paragraph (1) on or 
after the date of the enactment of the SAFE Act 
to a covered electronic communication service 
provider that is not prohibited by subparagraph 
(B) of this paragraph shall include a summary 
description of the services at issue in the 
covered opinions.
``(ii) Duplicate summaries not required.--A 
directive need not include a summary 
description of the services at issue in the 
covered opinions if such summary was included 
in a prior directive issued to the covered 
electronic communication service provider and 
the summary has not materially changed.
``(E) Foreign intelligence surveillance court 
notification and review.--
``(i) Notification.--
``(I) In general.--Subject to 
subclause (II), on or after the date of 
the enactment of the SAFE Act, each 
time the Attorney General and the 
Director of National Intelligence serve 
a directive under paragraph (1) to a 
covered electronic communication 
service provider that is not prohibited 
by subparagraph (B) and each time the 
Attorney General and the Director 
materially change a directive under 
paragraph (1) served on a covered 
electronic communication service 
provider that is not prohibited by 
subparagraph (B), the Attorney General 
shall provide the directive to the 
Foreign Intelligence Surveillance Court 
on or before the date that is 7 days 
after the date on which the Attorney 
General and the Director served the 
directive, along with a description of 
the covered electronic communication 
service provider to whom the directive 
is issued and the services at issue.
``(II) Duplication not required.--
The Attorney General does not need to 
provide a directive or description to 
the Foreign Intelligence Surveillance 
Court under subclause (I) if a 
directive and description concerning 
the covered electronic communication 
service provider was previously 
provided to the Court and the directive 
or description has not materially 
changed.
``(ii) Additional information.--As soon as 
feasible and not later than the initiation of 
collection, the Attorney General shall, for 
each directive described in clause (i), provide 
the Foreign Intelligence Surveillance Court a 
summary description of the type of equipment to 
be accessed, the nature of the access, and the 
form of assistance required pursuant to the 
directive.
``(iii) Review.--
``(I) In general.--The Foreign 
Intelligence Surveillance Court may 
review a directive received by the 
Court under clause (i) to determine 
whether the directive is consistent 
with subparagraph (B) and affirm, 
modify, or set aside the directive.
``(II) Notice of intent to 
review.--Not later than 7 days after 
the date on which the Court receives 
information under clause (ii) with 
respect to a directive, the Court shall 
provide notice to the Attorney General 
and cleared counsel for the covered 
electronic communication service 
provider indicating whether the Court 
intends to undertake a review under 
subclause (I) of this clause.
``(III) Completion of reviews.--In 
a case in which the Court provides 
notice under subclause (II) indicating 
that the Court intends to review a 
directive under subclause (I), the 
Court shall, not later than 30 days 
after the date on which the Court 
provides notice under subclause (II) 
with respect to the directive, complete 
the review.
``(F) Congressional oversight.--
``(i) Notification.--
``(I) In general.--Subject to 
subclause (II), on or after the date of 
the enactment of the SAFE Act, each 
time the Attorney General and the 
Director of National Intelligence serve 
a directive under paragraph (1) on a 
covered electronic communication 
service provider that is not prohibited 
by subparagraph (B) and each time the 
Attorney General and the Director 
materially change a directive under 
paragraph (1) served on a covered 
electronic communication service 
provider that is not prohibited by 
subparagraph (B), the Attorney General 
shall submit to the appropriate 
committees of Congress the directive on 
or before the date that is 7 days after 
the date on which the Attorney General 
and the Director serve the directive, 
along with a description of the covered 
electronic communication service 
provider to whom the directive is 
issued and the services at issue.
``(II) Duplication not required.--
The Attorney General does not need to 
submit a directive or description to 
the appropriate committees of Congress 
under subclause (I) if a directive and 
description concerning the covered 
electronic communication service 
provider was previously submitted to 
the appropriate committees of Congress 
and the directive or description has 
not materially changed.
``(ii) Additional information.--As soon as 
feasible and not later than the initiation of 
collection, the Attorney General shall, for 
each directive described in clause (i), provide 
the appropriate committees of Congress a 
summary description of the type of equipment to 
be accessed, the nature of the access, and the 
form of assistance required pursuant to the 
directive.
``(iii) Reporting.--
``(I) Quarterly reports.--Not later 
than 90 days after the date of the 
enactment of the SAFE Act and not less 
frequently than once each quarter 
thereafter, the Attorney General shall 
submit to the appropriate committees of 
Congress a report on the number of 
directives served, during the period 
covered by the report, under paragraph 
(1) to a covered electronic 
communication service provider and the 
number of directives provided during 
the same period to the Foreign 
Intelligence Surveillance Court under 
subparagraph (E)(i).
``(II) Form of reports.--Each 
report submitted pursuant to subclause 
(I) shall be submitted in unclassified 
form, but may include a classified 
annex.
``(III) Submission of court 
opinions.--Not later than 45 days after 
the date on which the Foreign 
Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court 
of Review issues an opinion relating to 
a directive issued to a covered 
electronic communication service 
provider under paragraph (1), the 
Attorney General shall submit to the 
appropriate committees of Congress a 
copy of the opinion.''.
(b) Sunset.--Effective on December 31, 2026, section 702(i) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(i)), as 
amended by this section, is amended by striking paragraph (7).

SEC. 108. EXTENSION OF TITLE VII OF FISA; EXPIRATION OF FISA 
AUTHORITIES; EFFECTIVE DATES.

(a) Effective Dates.--Section 403(b) of the FISA Amendments Act of 
2008 (Public Law 110-261; 122 Stat. 2474) is amended--
(1) in paragraph (1) (50 U.S.C. 1881 note)--
(A) by striking ``two years after the date of 
enactment of the Reforming Intelligence and Securing 
America Act'' and inserting ``on April 20, 2028''; and
(B) by striking ``, as amended by section 101(a) 
and by the FISA Amendments Reauthorization Act of 2017 
and the Reforming Intelligence and Securing America 
Act,'' and inserting ``, as most recently amended,''; 
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 ``on April 20, 2028''.
(b) Conforming Amendments.--Section 404(b) of the FISA Amendments 
Act of 2008 (Public Law 110-261; 122 Stat. 2476), is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``two years after 
the date of enactment of the reforming intelligence and 
securing america act'' and inserting ``April 20, 
2028''; and
(B) by striking ``, as amended by section 101(a) 
and by the FISA Amendments Reauthorization Act of 2017 
and the Reforming Intelligence and Securing America 
Act,'' and inserting ``, as most recently amended,'';
(2) in paragraph (2), by striking ``, as amended by section 
101(a) and by the FISA Amendments Reauthorization Act of 2017 
and the Reforming Intelligence and Securing America Act,'' and 
inserting ``, as most recently amended,''; and
(3) in paragraph (4)--
(A) by striking ``, as added by section 101(a) and 
amended by the FISA Amendments Reauthorization Act of 
2017 and the Reforming Intelligence and Securing 
America Act,'' both places it appears and inserting ``, 
as added by section 101(a) and as most recently 
amended,''; and
(B) by striking ``, as amended by section 101(a) 
and by the FISA Amendments Reauthorization Act of 2017 
and the Reforming Intelligence and Securing America 
Act,'' both places it appears and inserting ``, as most 
recently amended,''.

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

SEC. 201. REQUIRED DISCLOSURE OF INFORMATION AND LIMITS ON USE OF 
CERTAIN INFORMATION AND ON ISSUANCE OF ORDERS.

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

``TITLE IX--REQUIRED DISCLOSURE OF RELEVANT INFORMATION

``SEC. 901. DISCLOSURE OF RELEVANT INFORMATION.

``The Attorney General or any other Federal officer or employee 
making an application for a court order under this Act shall provide 
the court with all information in the possession of the Government that 
is material to determining whether the application satisfies the 
applicable requirements under this Act, including any exculpatory 
information.''.
(2) Collection of communications under section 702.--
Section 702(h)(2) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1881a(h)(2)) is amended--
(A) in subparagraph (D)(ii), by striking ``and'' at 
the end;
(B) in subparagraph (E), by striking the period at 
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) attest that, to the best of the knowledge of 
the person making the certification, the Attorney 
General and the Director of National Intelligence have 
been apprised of all information in the possession of 
the Government that might reasonably--
``(i) call into question the accuracy of 
the certification or the reasonableness of any 
assessment in the certification conducted by 
the department or agency on whose behalf the 
application is made; or
``(ii) otherwise raise doubts with respect 
to the findings that are required to be made 
under subsection (j).''.
(3) Clerical amendments.--
(A) The table of contents for the Foreign 
Intelligence Surveillance Act of 1978 is amended by 
adding at the end the following:

``TITLE IX--REQUIRED DISCLOSURE OF RELEVANT INFORMATION

``Sec. 901. Disclosure of relevant information.''.
(B) Section 104(a)(13) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804(a)(13)) is 
repealed.
(C) Section 10(a)(7) of the Reforming Intelligence 
and Securing America Act (50 U.S.C. 1804 note) is 
repealed.
(b) Certification Regarding Accuracy Procedures.--
(1) Certification regarding accuracy procedures.--Title IX 
of the Foreign Intelligence Surveillance Act of 1978, as added 
by subsection (a) of this section, is amended by adding at the 
end the following:

``SEC. 902. CERTIFICATION REGARDING ACCURACY PROCEDURES.

``(a) Definition of Accuracy Procedures.--In this section, the term 
`accuracy procedures' means specific procedures, adopted by the 
Attorney General, to ensure that an application for a court order under 
this Act, including any application for renewal of an existing order, 
is accurate and complete, including procedures that ensure, at a 
minimum, that--
``(1) the application reflects all information that might 
reasonably call into question the accuracy of the information 
or the reasonableness of any assessment in the application, or 
otherwise raises doubts about or contradicts the requested 
findings;
``(2) the application reflects all material information 
that might reasonably call into question the reliability and 
reporting of any information from a confidential human source 
that is used in the application;
``(3) a complete file documenting each factual assertion in 
an application is maintained;
``(4) the applicant coordinates with the appropriate 
elements of the intelligence community (as defined in section 3 
of the National Security Act of 1947 (50 U.S.C. 3003)), 
concerning any prior or existing relationship with the target 
of any surveillance, search, or other means of investigation, 
and discloses any such relationship in the application;
``(5) before any application targeting a United States 
person (as defined in section 101) is made, the applicant 
Federal officer shall document that the officer has collected 
and reviewed for accuracy and completeness supporting 
documentation for each factual assertion in the application; 
and
``(6) the applicant Federal agency establish compliance and 
auditing mechanisms to address, on an annual basis, the 
efficacy of the accuracy procedures that have been adopted and 
report such findings to the Attorney General.
``(b) Statement and Certification of Accuracy Procedures.--Any 
Federal officer making an application for a court order under this Act 
shall include with the application--
``(1) a description of the accuracy procedures employed by 
the officer or the officer's designee; and
``(2) a certification that the officer or the officer's 
designee has collected and reviewed for accuracy and 
completeness--
``(A) supporting documentation for each factual 
assertion contained in the application;
``(B) all information that might reasonably call 
into question the accuracy of the information or the 
reasonableness of any assessment in the application, or 
otherwise raises doubts about the requested findings; 
and
``(C) all material information that might 
reasonably call into question the reliability and 
reporting of any information from any confidential 
human source that is used in the application.
``(c) Necessary Finding for Court Orders.--A judge may not enter an 
order under this Act unless the judge finds, in addition to any other 
findings required under this Act, that the accuracy procedures 
described in the application for the order, as required under 
subsection (b)(1), are actually accuracy procedures as defined in this 
section.''.
(2) Technical amendment.--The table of contents for the 
Foreign Intelligence Surveillance Act of 1978, as amended by 
subsection (a) of this section, is amended by adding at the end 
the following:

``Sec. 902. Certification regarding accuracy procedures.''.
(c) Prohibition on Use of Certain Information.--
(1) In general.--Section 104 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804) is amended by adding 
at the end the following:
``(e) The statement of facts and circumstances under subsection 
(a)(3) may only include information obtained from the content of a 
media source or information gathered by a political campaign if--
``(1) such information is disclosed in the application as 
having been so obtained or gathered;
``(2) with regard to information gathered from the content 
of a media source, the application includes an explanation of 
the investigative techniques used to corroborate the 
information; and
``(3) with regard to information gathered by a political 
campaign, such information is not the sole source of the 
information used to justify the applicant's belief described in 
subsection (a)(3).''.
(2) Technical and conforming amendments.--The Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
is amended--
(A) in section 104(a)(6) (50 U.S.C. 1804(a)(6))--
(i) in subparagraph (D), by striking the 
semicolon at the end and inserting ``; and'';
(ii) in subparagraph (E)(ii), by striking 
``and'' at the end; and
(iii) by striking subparagraphs (F) and 
(G); and
(B) in section 303(a)(6) (50 U.S.C. 1823(a)(6))--
(i) in subparagraph (D), by striking the 
semicolon at the end and inserting ``; and'';
(ii) in subparagraph (E), by striking 
``and'' at the end; and
(iii) by striking subparagraphs (F) and 
(G).
(d) Limitation on Issuance of Order.--Section 105(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(a)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a 
semicolon;
(2) in paragraph (4), by striking the period and inserting 
``; and''; and
(3) by adding at the end the following:
``(5) for an application that is based, in any part, on 
information obtained from the content of a media source, on 
information gathered by a political campaign, or on information 
relating to activity protected under the First Amendment to the 
Constitution of the United States--
``(A) such information is disclosed in the 
application as having been so obtained or gathered, or 
as being so related;
``(B) with regard to information gathered from the 
content of a media source, the application includes an 
explanation of the investigative techniques used to 
corroborate the information; and
``(C) with regard to information gathered by a 
political campaign, such information is not the sole 
source of the information used to justify the 
applicant's belief described in section 104(a)(3).''.
(e) Conforming Repeal of RISAA Exculpatory Information 
Requirements.--The Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended--
(1) in section 104(a) (50 U.S.C. 1804(a)), by striking 
paragraph (13);
(2) in section 303(a) (50 U.S.C. 1823(a)), by striking 
paragraph (11);
(3) in section 402(c) (50 U.S.C. 1842(c))--
(A) in paragraph (3), by adding ``and'' at the end;
(B) in paragraph (4)(B), by striking ``; and'' and 
inserting a period; and
(C) by striking paragraph (5);
(4) in section 502(b)(2) (50 U.S.C. 1862(b)(2))--
(A) in subparagraph (B), by adding ``and'' at the 
end;
(B) by redesignating subparagraph (E) as 
subparagraph (C);
(C) in subparagraph (C)(ii), as so redesignated, by 
striking ``; and'' and inserting a period; and
(D) by striking subparagraph (F);
(5) in section 703(b)(1) (50 U.S.C. 1881b(b)(1))--
(A) in subparagraph (J), by adding ``and'' at the 
end;
(B) in subparagraph (K)(ii), by striking ``; and'' 
and inserting a period; and
(C) by striking subparagraph (L); and
(6) in section 704(b) (50 U.S.C. 1881c(b))--
(A) in paragraph (7), by adding ``and'' at the end;
(B) in paragraph (8)(B), by striking ``; and'' and 
inserting a period; and
(C) by striking paragraph (9).

SEC. 202. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA.

(a) In General.--Section 109(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and 
inserting a semicolon; and
(3) by adding at the end the following:
``(4) knowingly submits any document to or makes any 
statement before the court established under section 103(a) or 
the court established under section 103(b), knowing such 
document or statement to contain--
``(A) a false material declaration; or
``(B) a material omission; or
``(5) knowingly discloses the existence of an application 
for an order authorizing surveillance under this title, or any 
information contained therein, to any person not authorized to 
receive such information, except insofar as such disclosure is 
authorized by statute or executive order setting forth 
permissible disclosures by whistleblowers.''.
(b) Rule of Construction.--This section and the amendments made by 
this section may not be construed to interfere with the enforcement of 
section 798 of title 18, United States Code, or any other provision of 
law regarding the unlawful disclosure of classified information.

SEC. 203. AGENCY PROCEDURES TO ENSURE COMPLIANCE.

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

``SEC. 605. AGENCY PROCEDURES TO ENSURE COMPLIANCE.

``The head of each Federal department or agency authorized to 
acquire foreign intelligence information under this Act shall establish 
procedures--
``(1) setting forth clear rules on what constitutes a 
violation of this Act by an officer or employee of that 
department or agency; and
``(2) for taking appropriate adverse personnel action 
against any officer or employee of the department or agency who 
engages in a violation described in paragraph (1), including 
more severe adverse personnel actions for any subsequent 
violation by such officer or employee.''.
(b) Clerical Amendment.--The table of contents for the Foreign 
Intelligence Surveillance Act of 1978 is amended by inserting after the 
item relating to section 604 the following:

``Sec. 605. Agency procedures to ensure compliance.''.
(c) Report.--Not later than 90 days after the date of enactment of 
this Act, the head of each Federal department or agency that is 
required to establish procedures under section 605 of the Foreign 
Intelligence Surveillance Act of 1978, as added by subsection (a) of 
this section, shall report to Congress on the implementation of such 
procedures.

SEC. 204. LIMIT ON CIVIL IMMUNITY FOR PROVIDING INFORMATION, 
FACILITIES, OR TECHNICAL ASSISTANCE TO THE GOVERNMENT 
ABSENT A COURT ORDER.

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

SEC. 205. PROHIBITION ON AVOIDING DISCLOSURE OBLIGATIONS THROUGH 
PARALLEL CONSTRUCTION.

(a) Derived Defined.--
(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) `Derived from', with respect to an electronic surveillance, 
physical search, use of a pen register or trap and trace device, 
production of tangible things, or acquisition under this Act or 
pursuant to executive authority, means 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, which 
shall be determined without regard to any claim that the information or 
evidence is attenuated from the surveillance, search, use, production, 
or acquisition, would inevitably have been discovered, or was 
subsequently reobtained through other means.''.
(2) Conforming addition to other titles.--The Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
is amended--
(A) in section 301(1) (50 U.S.C. 1821(1)), by 
inserting ```derived from','' after ``destruction','';
(B) in section 401(1) (50 U.S.C. 1841(1)), by 
inserting ```derived from','' after ``person','';
(C) in section 501(1) (50 U.S.C. 1861(1)), by 
inserting ```derived from','' after ``terrorism',''; 
and
(D) in section 701(a) (50 U.S.C. 1881(a)), by 
inserting ```derived from','' after ``United 
States',''.
(b) Policies and Guidance.--
(1) In general.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General and the Director of 
National Intelligence shall publish--
(A) policies concerning the application of 
subsection (q) of section 101 of the Foreign 
Intelligence Surveillance Act of 1978, as added by 
subsection (a); and
(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 subsection (q) of section 
101 of the Foreign Intelligence Surveillance Act of 
1978, as added by subsection (a).
(2) Modifications.--Whenever the Attorney General and the 
Director of National Intelligence modify a policy or guidance 
published under paragraph (1), the Attorney General and the 
Director shall publish the modifications.
(c) Use of Information Acquired Under Title VII.--Section 706 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e) is 
amended--
(1) in subsection (a)(1), by striking ``, except for the 
purposes of subsection (j) of such section''; and
(2) by amending subsection (b) to read as follows:
``(b) Information Acquired Under Sections 703, 704, or 705.--
Information acquired under section 703, 704, or 705 shall be deemed to 
be information acquired from an electronic surveillance pursuant to 
title I for the purposes of section 106.''.

SEC. 206. SUNSET ON GRANDFATHER CLAUSE OF FISA'S BUSINESS RECORDS 
PROVISION.

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 be in effect with respect to such an investigation, 
offense, or potential offense on the date that is 180 days after the 
date of the enactment of the SAFE Act'' after ``continue in effect''.

TITLE III--REFORMS RELATING TO PROCEEDINGS BEFORE THE FOREIGN 
INTELLIGENCE SURVEILLANCE COURT AND OTHER COURTS

SEC. 301. FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORM.

(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, unless the court issues a 
finding that appointment is not appropriate, 
appoint one or more individuals who have been 
designated under paragraph (1), not fewer than 
one of whom possesses privacy and civil 
liberties expertise, unless the court finds 
that such a qualification is inappropriate, to 
serve as amicus curiae to assist the court in 
the consideration of any application or motion 
for an order or review that, in the opinion of 
the court--
``(I) presents a novel or 
significant interpretation of the law;
``(II) presents significant 
concerns with respect to the activities 
of a United States person that are 
protected by the first amendment to the 
Constitution of the United States;
``(III) presents or involves a 
sensitive investigative matter;
``(IV) presents a request for 
approval of a new program, a new 
technology, or a new use of existing 
technology;
``(V) presents a request for 
reauthorization of programmatic 
surveillance; or
``(VI) otherwise presents novel or 
significant civil liberties issues;''; 
and
(ii) 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'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as 
subparagraph (B).
(2) Definition of sensitive investigative matter.--Section 
103(i) of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803(i)) is amended by adding at the end the following:
``(12) Definition.--In this subsection, the term `sensitive 
investigative matter' means--
``(A) an investigative matter involving the 
activities of--
``(i) a domestic public official or 
political candidate, or an individual serving 
on the staff of such an official or candidate;
``(ii) a domestic religious or political 
organization, or a known or suspected United 
States person prominent in such an 
organization; or
``(iii) the domestic news media; or
``(B) any other investigative matter involving a 
domestic entity or a known or suspected United States 
person that, in the judgment of the applicable court 
established under subsection (a) or (b), is as 
sensitive as an investigative matter described in 
subparagraph (A).''.
(b) Authority to Seek Review.--Section 103(i) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)), as amended 
by subsection (a) of this section, is amended--
(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) by striking subparagraph (A);
(D) by redesignating subparagraph (B) as 
subparagraph (A);
(E) in subparagraph (A), as so redesignated--
(i) in the matter preceding clause (i), by 
inserting ``shall'' before ``provide'';
(ii) in clause (i), by inserting before the 
semicolon at the end the following: ``, 
including legal arguments regarding any privacy 
or civil liberties interest of any United 
States person that would be significantly 
impacted by the application or motion''; and
(iii) in clause (iii), by striking the 
period at the end and inserting ``; and''; 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 
impacting 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) FISA court decisions.--
``(i) Petition.--Following issuance of an 
order under this Act by the court established 
under subsection (a), an amicus curiae 
appointed under paragraph (2) may petition the 
court to certify for review to the court 
established under subsection (b) a question of 
law pursuant to subsection (j).
``(ii) Written statement of reasons.--If 
the court established under subsection (a) 
denies a petition under this subparagraph, the 
court shall provide for the record a written 
statement of the reasons for the denial.
``(iii) Appointment.--Upon certification of 
any question of law pursuant to this 
subparagraph, the court established under 
subsection (b) shall appoint the amicus curiae 
to assist the court in its consideration of the 
certified question, unless the court issues a 
finding that such appointment is not 
appropriate.
``(B) FISA court of review decisions.--An amicus 
curiae appointed under paragraph (2) may petition the 
court established under subsection (b) 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 section 602(a).''.
(c) Access to Information.--
(1) Application and materials.--Section 103(i)(6) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(i)(6)) is amended by striking subparagraph (A) and 
inserting the following:
``(A) In general.--
``(i) Right of amicus.--If a court 
established under subsection (a) or (b) 
appoints an amicus curiae under paragraph (2), 
the amicus curiae--
``(I) shall have access, to the 
extent such information is available to 
the Government, to--
``(aa) the application, 
certification, petition, 
motion, and other information 
and supporting materials, 
including any information 
described in section 901, 
submitted to the court 
established under subsection 
(a) in connection with the 
matter in which the amicus 
curiae has been appointed, 
including access to any 
relevant legal precedent 
(including any such precedent 
that is cited by the 
Government, including in such 
an application);
``(bb) an unredacted copy 
of each relevant decision made 
by the court established under 
subsection (a) or the court 
established under subsection 
(b) in which the court decides 
a question of law, without 
regard to whether the decision 
is classified; and
``(cc) any other 
information or materials that 
the court determines are 
relevant to the duties of the 
amicus curiae; and
``(II) may make a submission to the 
court requesting access to any other 
particular materials or information (or 
category of materials or information) 
that the amicus curiae believes to be 
relevant to the duties of the amicus 
curiae.
``(ii) Supporting documentation regarding 
accuracy.--The court established under 
subsection (a), 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 the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803(i)(6)) is amended--
(A) in subparagraph (B), by striking ``may'' and 
inserting ``shall''; and
(B) by striking subparagraph (C) and inserting the 
following:
``(C) Classified information.--An amicus curiae 
designated or appointed by the court shall have access, 
to the extent such information is available to the 
Government, to unredacted copies of each opinion, 
order, transcript, pleading, or other document of the 
court established under subsection (a) and the court 
established under subsection (b), 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 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(i)(6)) is amended--
(A) by redesignating subparagraph (D) as 
subparagraph (E); and
(B) by inserting after subparagraph (C) the 
following:
``(D) Consultation among amici curiae.--An amicus 
curiae appointed under paragraph (2) by the court 
established under subsection (a) or the court 
established under subsection (b) may consult with 1 or 
more of the other individuals designated by the court 
to serve as amicus curiae pursuant to paragraph (1) of 
this subsection regarding any of the information 
relevant to any assigned proceeding.''.
(d) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act and shall apply with 
respect to proceedings under the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) that take place on or after, or are 
pending on, that date.

SEC. 302. PUBLIC DISCLOSURE AND DECLASSIFICATION OF CERTAIN DOCUMENTS.

Section 602(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1872(a)) is amended--
(1) by striking ``, to be concluded as soon as practicable, 
but not later than 180 days after the commencement of such 
review,''; and
(2) by inserting ``to be concluded as soon as practicable, 
but not later than 180 days after the issuance of such 
decision, order, or opinion,'' before ``and, consistent with 
that review''.

SEC. 303. TECHNICAL AMENDMENT TO CONTEMPT POWER OF FISC AND FISC-R.

(a) In General.--Chapter 21 of title 18, United States Code, is 
amended--
(1) in section 402, by striking ``, including the Foreign 
Intelligence Surveillance Court or the Foreign Intelligence 
Surveillance Court of Review established by section 103 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803),'' and inserting the following: ``, the Foreign 
Intelligence Surveillance Court, the Foreign Intelligence 
Surveillance Court of Review,''; and
(2) by adding at the end the following:
``Sec. 404. Definitions
``For purposes of this chapter--
``(1) the term `court of the United States' includes the 
Foreign Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review; and
``(2) the terms `Foreign Intelligence Surveillance Court' 
and `Foreign Intelligence Surveillance Court of Review' have 
the meanings given those terms in section 601(e) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(e)).''.
(b) Clerical Amendment.--The table of sections for chapter 21 of 
title 18, United States Code, is amended by adding at the end the 
following:

``404. Definitions.''.

TITLE IV--INDEPENDENT EXECUTIVE BRANCH OVERSIGHT

SEC. 401. PERIODIC AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.

(a) Report Required.--Title VI of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871 et seq.), as amended by 
section 203 of this Act, is amended by adding at the end the following:

``SEC. 606. PERIODIC AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.

``Not later than June 30 of the first calendar year that begins 
after the date of enactment of this section, and every 3 years 
thereafter, the Inspector General of the Department of Justice shall--
``(1) conduct an audit of alleged or potential violations 
and failures to comply with the requirements of this Act, and 
any procedures established pursuant to this Act, which shall 
include an analysis of the accuracy and completeness of 
applications and certifications for orders submitted under each 
of sections 105, 303, 402, 502, 702, 703, and 704; and
``(2) submit to the Select Committee on Intelligence of the 
Senate, the Committee on the Judiciary of the Senate, the 
Permanent Select Committee on Intelligence of the House of 
Representatives, and the Committee on the Judiciary of the 
House of Representatives a report on the audit required under 
paragraph (1).''.
(b) Clerical Amendment.--The table of contents for the Foreign 
Intelligence Surveillance Act of 1978, as amended by section 203 of 
this Act, is amended by inserting after the item relating to section 
605 the following:

``Sec. 606. Periodic audit of FISA compliance by Inspector General.''.

TITLE V--PROTECTIONS FOR UNITED STATES PERSONS WHOSE SENSITIVE 
INFORMATION IS PURCHASED BY INTELLIGENCE AND LAW ENFORCEMENT AGENCIES

SEC. 501. LIMITATION ON INTELLIGENCE ACQUISITION OF UNITED STATES 
PERSON DATA.

(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term 
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees (as 
defined in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003));
(B) the Committee on the Judiciary of the Senate; 
and
(C) the Committee on the Judiciary of the House of 
Representatives.
(2) Covered data.--The term ``covered data'' means data, 
derived data, or any unique identifier that--
(A) is linked to or is reasonably linkable to a 
covered person; and
(B) does not include--
(i) data that--
(I) is lawfully available to the 
public through Federal, State, or local 
government records or through widely 
distributed media;
(II) is reasonably believed to have 
been voluntarily made available to the 
general public by the covered person; 
or
(III) is a specific communication 
or transaction with a targeted 
individual who is not a covered person; 
or
(ii) human intelligence other than data 
transfers.
(3) Covered person.--The term ``covered person'' means an 
individual who--
(A) is reasonably believed to be located in the 
United States at the time of the creation or 
acquisition of the covered data; or
(B) is a United States person.
(4) Intelligence community.--The term ``intelligence 
community'' has the meaning given such term in section 3 of the 
National Security Act of 1947 (50 U.S.C. 3003).
(5) State, united states, united states person.--The terms 
``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).
(b) Limitation.--
(1) In general.--Subject to paragraphs (2) through (7), an 
element of the intelligence community may not acquire covered 
data, which shall include acquiring covered data directly or 
indirectly, such as by acquiring covered data from another 
entity that directly acquired the covered data.
(2) Authorization pursuant to court order.--An element of 
the intelligence community may acquire covered data if the 
collection has been authorized by an order issued pursuant to 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) or title 18, United States Code, 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, but 
only if--
(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 Constitution of the United States, but only 
if--
(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 there is a 
reasonable belief that an emergency exists involving an 
imminent threat of death or serious bodily harm and the covered 
data is necessary to mitigate that threat, but only if--
(A) access to and use of the covered data is 
limited to addressing the threat; and
(B) the covered data is destroyed at such time as 
it is no longer necessary for such purpose.
(6) Exception for consent.--An element of the intelligence 
community may acquire covered data if--
(A) each covered person linked or reasonably 
linkable 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, but only if the element of the 
intelligence community complies with the minimization 
procedures in subsection (c).
(c) Minimization Procedures.--
(1) In general.--The Attorney General shall adopt specific 
procedures that are reasonably designed to minimize the 
acquisition and retention, and to restrict the querying, 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 not subject to 1 or more 
exceptions set forth in paragraphs (2) through (6) of 
subsection (b), such covered data shall be promptly destroyed.
(4) Querying.--
(A) In general.--Except as provided in 
subparagraphs (B) and (C), no officer or employee of an 
element of the intelligence community may conduct a 
query of covered data, including covered data already 
subjected to minimization, in an effort to find records 
of or about a particular covered person.
(B) Exceptions.--Subparagraph (A) shall not apply 
to a query related to a particular covered person if--
(i) such covered person is the subject of a 
court order issued under the Foreign 
Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) or title 18, United States 
Code, that would authorize the element of the 
intelligence community to compel the production 
of the covered data, during the effective 
period of that order;
(ii) the purpose of the query is to 
retrieve information about an employee of, or 
applicant for employment by, an element of the 
intelligence community, provided that any 
covered data accessed through such query is 
used only for such purpose;
(iii) the query is conducted for the 
purpose of supporting compliance with 
collection limitations and minimization 
requirements imposed by statute, guidelines, 
procedures, or the Constitution of the United 
States, provided that any covered data accessed 
through such query is used only for such 
purpose;
(iv) the officer or employee of an element 
of the intelligence community carrying out the 
query has a reasonable belief that an emergency 
exists involving an imminent threat of death or 
serious bodily harm, and that in order to 
prevent or mitigate such threat, the query must 
be conducted before a court order can, with due 
diligence, be obtained, provided that any 
covered data accessed through such query is 
used only for such purpose; or
(v) such covered person or, if such person 
is incapable of providing consent, a third 
party legally authorized to consent on behalf 
of the person has consented to the query, 
provided that any use of covered data accessed 
through such query is limited to the purposes 
for which the consent was provided.
(C) Special rule for nonsegregable datasets.--For a 
query of a dataset acquired under subsection (b)(7)--
(i) each query shall be reasonably designed 
to exclude personal data of covered persons, 
unless the query is subject to an exception set 
forth in subparagraph (B); and
(ii) any personal data of covered persons 
returned pursuant to a query that is not 
subject to an exception set forth in paragraphs 
(2) through (7) of subsection (b) shall not be 
reviewed and shall immediately be 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 by or in any trial, hearing, or other 
proceeding in or before any court, grand jury, department, office, 
agency, regulatory body, legislative committee, or other authority of 
the United States, a State, or political subdivision thereof.
(e) Reporting Requirement.--
(1) In general.--Not later than 180 days after the date of 
the enactment of this Act, the Director of National 
Intelligence shall submit to the appropriate committees of 
Congress and the Privacy and Civil Liberties Oversight Board a 
report on the acquisition of datasets that the Director 
anticipates will contain information of covered persons that is 
significant in volume, proportion, or sensitivity.
(2) Contents.--The report submitted pursuant to paragraph 
(1) shall include the following:
(A) A description of the covered person information 
in each dataset.
(B) An estimate of the amount of covered person 
information in each dataset.
(3) Notifications.--After submitting the report required by 
paragraph (1), the Director shall, in coordination with the 
Under Secretary of Defense for Intelligence and Security, 
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 the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or title 18, United 
States Code.

SEC. 502. LIMITATION ON LAW ENFORCEMENT PURCHASE OF PERSONAL DATA FROM 
DATA BROKERS.

Section 2702 of title 18, United States Code, is amended by adding 
at the end the following:
``(e) Prohibition on Obtaining in Exchange for Anything of Value 
Personal Data by Law Enforcement Agencies.--
``(1) Definitions.--In this subsection and subsection (f)--
``(A) the term `covered governmental entity' means 
a law enforcement agency of a governmental entity;
``(B) the term `covered organization' means a 
person who--
``(i) is not a governmental entity; and
``(ii) is not an individual;
``(C) the term `covered person' means an individual 
who--
``(i) is reasonably believed to be located 
inside the United States at the time of the 
creation of the covered personal data; or
``(ii) is a United States person, as 
defined in section 101 of the Foreign 
Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801);
``(D) the term `covered personal data' means 
personal data relating to a covered person;
``(E) the term `electronic device' has the meaning 
given the term `computer' in section 1030(e);
``(F) the term `lawfully obtained public data' 
means personal data obtained by a particular covered 
organization that the covered organization--
``(i) reasonably understood to have been 
voluntarily made available to the general 
public by the covered person; and
``(ii) obtained in compliance with all 
applicable laws, regulations, contracts, 
privacy policies, and terms of service;
``(G) the term `obtain in exchange for anything of 
value' means to obtain by purchasing, to receive in 
connection with services being provided for monetary or 
nonmonetary consideration, or to otherwise obtain in 
exchange for consideration, including an access fee, 
service fee, maintenance fee, or licensing fee; and
``(H) the term `personal data'--
``(i) means data, derived data, or any 
unique identifier that is linked to, or is 
reasonably linkable to, an individual or to an 
electronic device that is linked to, or is 
reasonably linkable to, 1 or more individuals 
in a household;
``(ii) includes anonymized data that, if 
combined with other data, can be linked to, or 
is reasonably linkable to, an individual or to 
an electronic device that identifies, is linked 
to, or is reasonably linkable to 1 or more 
individuals in a household; and
``(iii) does not include--
``(I) data that is lawfully 
available through Federal, State, or 
local government records or through 
widely distributed media; or
``(II) a specific communication or 
transaction with a targeted individual 
who is not a covered person.
``(2) Limitation.--
``(A) In general.--
``(i) Prohibition.--Subject to clauses (ii) 
through (x), a covered governmental entity may 
not obtain in exchange for anything of value 
covered personal data if--
``(I) the covered personal data is 
directly or indirectly obtained from a 
covered organization; or
``(II) the covered personal data is 
derived from covered personal data that 
was directly or indirectly obtained 
from a covered organization.
``(ii) Exception for certain compilations 
of data.--A covered governmental entity may 
obtain in exchange for something of value 
covered personal data as part of a larger 
compilation of data which includes personal 
data about persons who are not covered persons, 
if--
``(I) the covered governmental 
entity is unable through reasonable 
means to exclude covered personal data 
from the larger compilation obtained; 
and
``(II) the covered governmental 
entity minimizes any covered personal 
data from the larger compilation, in 
accordance with subsection (f).
``(iii) Exception for whistleblower 
disclosures to law enforcement.--Clause (i) 
shall not apply to covered personal data that 
is obtained by a covered governmental entity 
under a program established by an Act of 
Congress under which a portion of a penalty or 
a similar payment or bounty is paid to an 
individual who discloses information about an 
unlawful activity to the Government, such as 
the program authorized under section 7623 of 
the Internal Revenue Code of 1986 (relating to 
awards to whistleblowers in cases of 
underpayments or fraud).
``(iv) Exception for cost reimbursement 
under compulsory legal process.--Clause (i) 
shall not apply to covered personal data that 
is obtained by

a covered governmental entity from a covered 
organization in accordance with compulsory 
legal process that--
``(I) is established by a Federal 
or State statute; and
``(II) provides for the 
reimbursement of costs of the covered 
organization that are incurred in 
connection with providing the record or 
information to the covered governmental 
entity, such as the reimbursement of 
costs under section 2706.
``(v) Exception for employment-related 
use.--Clause (i) shall not apply to covered 
personal data about an employee of, or 
applicant for employment by, a covered 
governmental entity that is--
``(I) obtained by the covered 
governmental entity for employment-
related purposes;
``(II) accessed and used by the 
covered governmental entity only for 
employment-related purposes; and
``(III) destroyed at such time as 
the covered personal data is no longer 
needed for employment-related purposes.
``(vi) Exception for use in background 
checks.--Clause (i) shall not apply to covered 
personal data about a covered person that is--
``(I) obtained by a covered 
governmental entity for purposes of 
conducting a background check of the 
covered person with the written consent 
of the covered person;
``(II) accessed and used by the 
covered governmental entity only for 
background check-related purposes; and
``(III) destroyed at such time as 
the covered personal data is no longer 
needed for background check-related 
purposes.
``(vii) Exception for lawfully obtained 
public data.--Clause (i) shall not apply to 
covered personal data that is obtained by a 
covered governmental entity if--
``(I) the covered personal data is 
lawfully obtained public data; or
``(II) the covered personal data is 
derived from covered personal data that 
solely consists of lawfully obtained 
public data.
``(viii) Exception for life or safety.--
Clause (i) shall not apply to covered personal 
data that is obtained by a covered governmental 
entity if there is a reasonable belief than an 
emergency exists involving an imminent threat 
of death or serious bodily harm to a covered 
person and the covered data is necessary to 
mitigate that threat, provided that--
``(I) access to and use of the 
covered personal data is limited to 
addressing the threat; and
``(II) the covered personal data is 
destroyed at such time as it is no 
longer necessary for such purpose.
``(ix) Exception for compliance purposes.--
Clause (i) shall not apply to covered personal 
data that is obtained by a covered governmental 
entity for the purpose of supporting compliance 
with collection limitations and minimization 
requirements imposed by statute, guidelines, 
procedures, or the Constitution of the United 
States, provided that--
``(I) access to and use of the 
covered personal data is limited to 
such purpose; and
``(II) the covered personal data is 
destroyed at such time as it is no 
longer necessary for such purpose.
``(x) Exception for consent.--Clause (i) 
shall not apply to covered personal data that 
is obtained by a covered governmental entity 
if--
``(I) each covered person linked or 
reasonably linkable to the covered 
personal data, or, if such covered 
person is incapable of providing 
consent, a third party legally 
authorized to consent on behalf of the 
covered person, has provided consent to 
the acquisition and use of the data on 
a case-by-case basis;
``(II) access to and use of the 
covered personal data is limited to the 
purposes for which the consent was 
provided; and
``(III) the covered personal data 
is destroyed at such time as it is no 
longer necessary for such purposes.
``(B) Indirectly acquired records and 
information.--The limitation under subparagraph (A) 
shall apply without regard to whether the covered 
organization possessing the covered personal data is 
the covered organization that initially obtained or 
collected, or is the covered organization that 
initially received the disclosure of, the covered 
personal data.
``(3) Limit on sharing between agencies.--An agency of a 
governmental entity that is not a covered governmental entity 
may not provide to a covered governmental entity covered 
personal data that was obtained in a manner that would violate 
paragraph (2) if the agency of a governmental entity were a 
covered governmental entity, unless the covered governmental 
entity would have been permitted to obtain the covered personal 
data under an exception set forth in paragraph (2)(A).
``(4) Prohibition on use of data obtained in violation of 
this section.--
``(A) In general.--Covered personal data obtained 
by or provided to a covered governmental entity in 
violation of paragraph (2) or (3), and any evidence 
derived therefrom, may not be used, received in 
evidence, or otherwise disseminated by, on behalf of, 
or upon a motion or other action by a covered 
governmental entity in any investigation by or in any 
trial, hearing, or other proceeding in or before any 
court, grand jury, department, officer, agency, 
regulatory body, legislative committee, or other 
authority of the United States, a State, or a political 
subdivision thereof.
``(B) Use by aggrieved parties.--Nothing in 
subparagraph (A) shall be construed to limit the use of 
covered personal data by a covered person aggrieved of 
a violation of paragraph (2) or (3) in connection with 
any action relating to such a violation.
``(f) Minimization Procedures.--
``(1) In general.--The Attorney General shall adopt 
specific procedures that are reasonably designed to minimize 
the acquisition and retention, and to restrict the querying, of 
covered personal data, and prohibit the dissemination of 
information derived from covered personal data.
``(2) Acquisition and retention.--The procedures adopted 
under paragraph (1) shall require covered governmental entities 
to exhaust all reasonable means--
``(A) to exclude covered personal data that is not 
subject to 1 or more of the exceptions set forth in 
clauses (iii) through (x) of subsection (e)(2)(A) from 
the data obtained; and
``(B) to remove and delete covered personal data 
described in subparagraph (A) not subject to 1 or more 
exceptions set forth in clauses (iii) through (x) of 
subsection (e)(2)(A) after a compilation is obtained 
and before operational use of the compilation or 
inclusion of the compilation in a dataset intended for 
operational use.
``(3) Destruction.--The procedures adopted under paragraph 
(1) shall require that, if a covered governmental entity 
identifies covered personal data in a compilation described in 
clause (ii) of subsection (e)(2)(A) not subject to 1 or more 
exceptions set forth in clauses (iii) through (x) of such 
subsection, the covered governmental entity shall promptly 
destroy the covered personal data and any dissemination of 
information derived from the covered personal data shall be 
prohibited.
``(4) Querying.--
``(A) In general.--Except as provided in 
subparagraphs (B) and (C), no officer or employee of a 
covered governmental entity may conduct a query of 
personal data, including personal data already 
subjected to minimization, in an effort to find records 
of or about a particular covered person.
``(B) Exceptions.--Subparagraph (A) shall not apply 
to a query related to a particular covered person if--
``(i) such covered person is the subject of 
a court order issued under this title that 
would authorize the covered governmental entity 
to compel the production of the covered 
personal data, during the effective period of 
that order;
``(ii) the purpose of the query is to 
retrieve information obtained by a covered 
governmental entity under a program established 
by an Act of Congress under which a portion of 
a penalty or a similar payment or bounty is 
paid to an individual who discloses information 
about an unlawful activity to the Government, 
such as the program authorized under section 
7623 of the Internal Revenue Code of 1986 
(relating to awards to whistleblowers in cases 
of underpayments or fraud), provided that any 
covered personal data accessed through such 
query is used only for such purpose;
``(iii) the purpose of the query is to 
retrieve information about an employee of, or 
applicant for employment by, a covered 
governmental entity that has been obtained by 
the covered governmental entity for employment-
related purposes, provided that any covered 
personal data accessed through such query is 
used only for such purposes;
``(iv) the purpose of the query is to 
retrieve information obtained by a covered 
governmental entity for purposes of conducting 
a background check of the covered person with 
the written consent of the covered person, 
provided that any covered personal data 
accessed through such query is used only for 
such purposes;
``(v) the purpose of the query is to 
retrieve, and the query is reasonably designed 
to retrieve, only lawfully obtained public 
data, and only lawfully obtained public data is 
accessed and used as a result of the query;
``(vi) the officer or employee of a covered 
governmental entity carrying out the query has 
a reasonable belief that an emergency exists 
involving an imminent threat of death or 
serious bodily harm, and in order to prevent or 
mitigate that threat, the query must be 
conducted before a court order can, with due 
diligence, be obtained, provided that any 
covered personal data accessed through such 
query is used only for such purpose;
``(vii) the query is conducted for the 
purpose of supporting compliance with 
collection limitations and minimization 
requirements imposed by statute, guidelines, 
procedures, or the Constitution of the United 
States, provided that any covered personal data 
accessed through such query is used only for 
such purpose; or
``(viii) such covered person or, if such 
covered person is incapable of providing 
consent, a third party legally authorized to 
consent on behalf of the covered person has 
consented to the query, provided that any use 
of covered personal data accessed through such 
query is limited to the purposes for which the 
consent was provided.
``(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, unless the query is subject to an 
exception set forth in subparagraph (B); and
``(ii) any personal data of covered persons 
returned pursuant to a query that is not 
subject to an exception set forth in clauses 
(ii) through (x) of subsection (e)(2)(A) shall 
not be reviewed and shall immediately be 
destroyed.''.

SEC. 503. CONSISTENT PROTECTIONS FOR DEMANDS FOR DATA HELD BY 
INTERACTIVE COMPUTING SERVICES.

(a) Definition.--Section 2711 of title 18, United States Code, is 
amended--
(1) in paragraph (3)(C), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and 
inserting a semicolon; and
(3) by adding at the end the following:
``(5) the term `online service provider' means a provider 
of electronic communication service, a provider of remote 
computing service, any information service, system, or access 
software provider that provides or enables computer access by 
multiple users to a computer server, including specifically a 
service or system that provides access to the Internet and such 
systems operated or services offered by libraries or 
educational institutions; 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''.
(c) Limitation on Voluntary Disclosure.--Section 2702(a) of title 
18, United States Code, is amended--
(1) in paragraph (1), by striking ``a person or entity 
providing an electronic communication service to the public'' 
and inserting ``an online service provider'';
(2) in paragraph (2), by striking ``a person or entity 
providing remote computing service to the public'' and 
inserting ``an online service provider''; and
(3) in paragraph (3), by striking ``a provider of remote 
computing service or electronic communication service to the 
public'' and inserting ``an online service provider''.

SEC. 504. CONSISTENT PRIVACY PROTECTIONS FOR DATA HELD BY DATA BROKERS.

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

SEC. 505. PROTECTION OF DATA ENTRUSTED TO INTERMEDIARY OR ANCILLARY 
SERVICE PROVIDERS.

(a) Definition.--Section 2711 of title 18, United States Code, as 
amended by section 503 of this Act, is amended by adding at the end the 
following:
``(6) 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)).''.

TITLE VI--TRANSPARENCY

SEC. 601. ENHANCED REPORTS BY DIRECTOR OF NATIONAL INTELLIGENCE.

(a) In General.--Section 603(b) 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 targeted 
and the number of selectors used under section 702(a), 
disaggregated by the certification under which the person 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 section 
701(b)(4);'';
(4) in paragraph (9), as so redesignated, by striking 
``and'' at the end;
(5) in paragraph (10), as so redesignated, by striking the 
period at the end and inserting a semicolon; and
(6) by adding at the end the following:
``(11)(A) the total number of disseminated intelligence 
reports derived from collection pursuant to section 702 
containing the identities of United States persons, regardless 
of whether the identities of the United States persons were 
openly included or masked;
``(B) the total number of disseminated intelligence reports 
derived from collection not authorized by this Act and 
conducted under procedures approved by the Attorney General 
containing the identities of United States persons, regardless 
of whether the identities of the United States persons were 
openly included or masked;
``(C) the total number of disseminated intelligence reports 
derived from collection pursuant to section 702 containing the 
identities of United States persons in which the identities of 
the United States persons were masked;
``(D) the total number of disseminated intelligence reports 
derived from collection not authorized by this Act and 
conducted under procedures approved by the Attorney General 
containing the identities of United States persons in which the 
identities of the United States persons were masked;
``(E) the total number of disseminated intelligence reports 
derived from collection pursuant to section 702 containing the 
identities of United States persons in which the identities of 
the United States persons were openly included; and
``(F) the total number of disseminated intelligence reports 
derived from collection not authorized by this Act and 
conducted under procedures approved by the Attorney General 
containing the identities of United States persons in which the 
identities of the United States persons were openly included;
``(12) the number of queries conducted in an effort to find 
communications or information of or about 1 or more United 
States persons or persons reasonably believed to be located in 
the United States at the time of the query or the time of the 
communication or creation of the information, where such 
communications or information were obtained under procedures 
approved by the Attorney General and without a court order, 
subpoena, or other legal process established by statute;
``(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 under procedures approved 
by the Attorney General and without a court order, subpoena, or 
other legal process established by statute; and
``(14) a good faith estimate of what percentage of the 
communications that are subject to the procedures described in 
section 309(b)(3) of the Intelligence Authorization Act for 
Fiscal Year 2015 (50 U.S.C. 1813(b)(3))--
``(A) are retained for more than 5 years; and
``(B) are retained for more than 5 years because, 
in whole or in part, the communications are 
encrypted.''.
(b) Repeal of Nonapplicability to Federal Bureau of Investigation 
of Certain Requirements.--Section 603(d) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1873(d)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Conforming Amendment.--Section 603(d)(1) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(d)(1)) is amended 
by striking ``paragraphs (3), (5), or (6)'' and inserting ``paragraph 
(6), (8), or (9)''.

SEC. 602. NOTIFICATION TO CONGRESS OF CERTAIN UNAUTHORIZED DISCLOSURES.

Section 18(a) of the Reforming Intelligence and Securing America 
Act (50 U.S.C. 1881a note) is amended by striking ``congressional 
intelligence committees'' and inserting ``appropriate congressional 
committees''.

TITLE VII--LIMITED DELAYS IN IMPLEMENTATION

SEC. 701. LIMITED DELAYS IN IMPLEMENTATION.

(a) Definition.--In this section, 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.
(b) Authority.--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 180 days 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.
Calendar No. 371

119th CONGRESS

2d Session

S. 4280

_______________________________________________________________________

A BILL

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

_______________________________________________________________________

April 14, 2026

Read the second time and placed on the calendar