[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 4082 Introduced in Senate (IS)]
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119th CONGRESS 2d Session S. 4082
To implement reforms relating to foreign intelligence surveillance authorities, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
March 12, 2026
Mr. Wyden (for himself, Mr. Lee, Ms. Warren, and Ms. Lummis) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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A BILL
To implement reforms relating to foreign intelligence surveillance authorities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Government Surveillance Reform Act of 2026''. (b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 101. Protections related to warrantless queries for the communications of United States persons and persons located in the United States. Sec. 102. Limitation on use of information obtained under section 702 of the Foreign Intelligence Surveillance Act of 1978 relating to United States persons and persons located in the United States in criminal, civil, and administrative actions. Sec. 103. Prohibition on reverse targeting of United States persons and persons located in the United States. Sec. 104. Data retention limits for information collected under section 702 of the Foreign Intelligence Surveillance Act of 1978. Sec. 105. Foreign Intelligence Surveillance Court supervision of demands for technical assistance from electronic communication service providers under section 702 of the Foreign Intelligence Surveillance Act of 1978. Sec. 106. Prohibition on warrantless acquisition of domestic communications pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978. Sec. 107. Requirement of primary foreign intelligence purpose. Sec. 108. Reports to Congress on sensitive queries. Sec. 109. Repeal of expanded definition of electronic communication service provider. Sec. 110. Repeal of expanded querying requirements for persons traveling to the United States. Sec. 111. Four-year extension of section 702 of the Foreign Intelligence Surveillance Act of 1978. TITLE II--FOURTH AMENDMENT IS NOT FOR SALE ACT
Sec. 201. Prohibition on Federal law enforcement purchase of personal data from data brokers. TITLE III--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 301. Court supervision of collection targeting United States persons and persons located inside the United States. Sec. 302. Consistent disclosures of relevant information in title V and other FISA applications. Sec. 303. Strengthening accuracy procedures. Sec. 304. Clarification regarding treatment of information and evidence acquired under the Foreign Intelligence Surveillance Act of 1978. Sec. 305. Sunset on grandfather clause of section 215 of the USA PATRIOT Act. Sec. 306. Written record of Department of Justice interactions with Foreign Intelligence Surveillance court. Sec. 307. Appointment of amici curiae and access to information. Sec. 308. Declassification of significant decisions, orders, and opinions. Sec. 309. Clarification of Foreign Intelligence Surveillance Court jurisdiction over records of the court and other ancillary matters. Sec. 310. Grounds for determining injury in fact in civil actions relating to surveillance under the Foreign Intelligence Surveillance Act of 1978 or pursuant to executive authority. Sec. 311. Accountability procedures for violations by Federal employees. Sec. 312. Reforms to the exclusive means limitations under the Foreign Intelligence Surveillance Act of 1978. TITLE IV--REFORMS RELATED TO SURVEILLANCE CONDUCTED FOR FOREIGN INTELLIGENCE PURPOSES OTHER THAN UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 401. Definitions. Sec. 402. Protections related to warrantless queries for the communications of United States persons and persons located in the United States. Sec. 403. Prohibition on reverse targeting of United States persons and persons located in the United States. Sec. 404. Prohibition on intelligence acquisition of United States person data. Sec. 405. Prohibition on the warrantless acquisition of domestic communications. Sec. 406. Data retention limits. Sec. 407. Reports on violations of law or Executive order. TITLE V--INDEPENDENT OVERSIGHT
Sec. 501. Inspector General oversight of orders under the Foreign Intelligence Surveillance Act of 1978. Sec. 502. Intelligence community parity and communications with Privacy and Civil Liberties Oversight Board. Sec. 503. Congressional oversight of grants of immunity by the Attorney General for warrantless surveillance assistance. TITLE VI--REFORMS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986
Sec. 601. Warrant protections for location information, web browsing records, and search query records. Sec. 602. Consistent protections for phone and app-based call and texting records. Sec. 603. Email Privacy Act. Sec. 604. Consistent protections for demands for data held by interactive computing services. Sec. 605. Consistent protections from Federal law enforcement for real- time and historical metadata. Sec. 606. Subpoenas for certain subscriber information. Sec. 607. Minimization standards for voluntary disclosure of customer communications or records. Sec. 608. Consistent privacy protections for data held by data brokers. Sec. 609. Protection of data entrusted to intermediary or ancillary service providers. Sec. 610. Modernizing criminal surveillance reports. Sec. 611. Limitation of amendments to Federal departments and agencies. TITLE VII--PROTECTION OF CAR DATA FROM FEDERAL WARRANTLESS SEARCHES
Sec. 701. Protection of car data from Federal warrantless searches. TITLE VIII--INTELLIGENCE TRANSPARENCY
Sec. 801. Enhanced annual reports by Director of the Administrative Office of the United States Courts. Sec. 802. Enhanced annual reports by Director of National Intelligence. Sec. 803. Annual reporting on accuracy and completeness of applications. Sec. 804. Allowing more granular aggregate reporting by recipients of foreign intelligence surveillance orders. Sec. 805. Report on use of foreign intelligence surveillance authorities regarding protected activities and protected classes. Sec. 806. Publication of estimates regarding communications collected under certain provisions of Foreign Intelligence Surveillance Act of 1978. Sec. 807. Enhanced reporting of assessments of compliance with emergency order requirements under certain provisions of the Foreign Intelligence Surveillance Act of 1978. TITLE IX--SEVERABILITY AND LIMITED DELAYS IN IMPLEMENTATION
Sec. 901. Rule of construction with respect to State and local law enforcement authorities. Sec. 902. Severability. Sec. 903. Limited delays in implementation.
SEC. 2. DEFINITIONS.
(a) Amendments to Foreign Intelligence Surveillance Act of 1978.-- (1) In general.--Section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) is amended by adding at the end the following: ``(q) The term `Foreign Intelligence Surveillance Court' means the court established under section 103(a). ``(r) The terms `Foreign Intelligence Surveillance Court of Review' and `Court of Review' mean the court established under section 103(b). ``(s) The term `appropriate committees of Congress' means-- ``(1) the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)); ``(2) the Committee on the Judiciary of the Senate; and ``(3) the Committee on the Judiciary of the House of Representatives.''. (2) Title vii.--Section 701(b) of such title (50 U.S.C. 1881) is amended by adding at the end the following new paragraph: ``(6) Covered person.--The term `covered person' means, with respect to a query, a communication, an acquisition, or creation of information, a person who is-- ``(A) a United States person; or ``(B) a person known or believed to be located in the United States-- ``(i) at the time of the applicable query; or ``(ii) at the time of the acquisition, communication, or creation of the information subject to the applicable query.''. (3) Conforming amendments.--Such Act (50 U.S.C. 1801 et seq.) is amended-- (A) in section 102(a)(3) (50 U.S.C. 1802(a)(3)), by striking ``the court established under section 103(a)'' and inserting ``the Foreign Intelligence Surveillance Court''; (B) in section 103 (50 U.S.C. 1803)-- (i) in subsection (a)-- (I) in paragraph (2)(A), by striking ``The court established under this subsection'' and inserting ``The Foreign Intelligence Surveillance Court''; and (II) by striking ``the court established under this subsection'' each place it appears and inserting ``the Foreign Intelligence Surveillance Court''; (ii) in subsection (g)-- (I) in paragraph (2)-- (aa) in subparagraph (A), by striking ``the court established pursuant to subsection (a)'' and inserting ``the Foreign Intelligence Surveillance Court''; and (bb) in subparagraph (B), by striking ``the court of review established pursuant to subsection (b)'' and inserting ``the Foreign Intelligence Surveillance Court of Review''; and (II) in paragraph (1), by striking ``The courts established pursuant to subsections (a) and (b)'' and inserting ``The Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review''; (iii) in subsection (h), by striking ``a court established under this section'' and inserting ``the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review''; (iv) in subsection (i)-- (I) in paragraph (1), by striking ``the courts established under subsections (a) and (b)'' and inserting ``the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review''; (II) in paragraph (3)(B), in the first sentence, by striking ``the courts'' and inserting ``the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review''; (III) in paragraph (5), by striking ``the court'' and inserting ``the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, as the case may be,''; (IV) in paragraph (6), by striking ``the court'' each place it appears and inserting ``the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review''; (V) by striking ``a court established under subsection (a) or (b)'' each place it appears and inserting ``the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review''; and (VI) by striking ``A court established under subsection (a) or (b)'' each place it appears and inserting ``The Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review''; (v) in subsection (j)-- (I) by striking ``a court established under subsection (a)'' and inserting ``the Foreign Intelligence Surveillance Court''; and (II) by striking ``the court determines'' and inserting ``the Foreign Intelligence Surveillance Court determines''; (vi) by striking ``the court established under subsection (a)'' each place it appears and inserting ``the Foreign Intelligence Surveillance Court''; and (vii) by striking ``the court established under subsection (b)'' each place it appears and inserting ``the Foreign Intelligence Surveillance Court of Review''; (C) in section 105(c)(3) (50 U.S.C. 1805(c)(3)), by striking ``the court'' each place it appears and inserting ``the Foreign Intelligence Surveillance Court''; (D) in section 401(1) (50 U.S.C. 1841(1)), by striking ``, and `State''' and inserting ```State', `Foreign Intelligence Surveillance Court', and `Foreign Intelligence Surveillance Court of Review'''; (E) in section 402 (50 U.S.C. 1842)-- (i) in subsection (b)(1), by striking ``the court established by section 103(a) of this Act'' and inserting ``the Foreign Intelligence Surveillance Court''; and (ii) in subsection (h)(2), by striking ``the court established under section 103(a)'' and inserting ``the Foreign Intelligence Surveillance Court''; (F) in section 502(b)(1)(A), by striking ``the court established by section 103(a) of this Act'' and inserting ``the Foreign Intelligence Surveillance Court (as defined by section 101)''; (G) in section 801 (50 U.S.C. 1885)-- (i) in paragraph (8)(B)(i), by striking ``the court established under section 103(a)'' and inserting ``the Foreign Intelligence Surveillance Court''; and (ii) by adding at the end the following new paragraph: ``(10) Foreign intelligence surveillance court.--The term `Foreign Intelligence Surveillance Court' means the court established under section 103(a).''; and (H) in section 802(a)(1) (50 U.S.C. 1885a(a)(1)), by striking ``the court established under section 103(a)'' and inserting ``the Foreign Intelligence Surveillance Court''. (b) Terms Used in This Act.--In this Act-- (1) the terms ``appropriate committees of Congress'', ``Foreign Intelligence Surveillance Court'', and ``Foreign Intelligence Surveillance Court of Review'' have the meanings given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801), as amended by subsection (a)(1); and (2) the term ``covered person'' has the meaning given such term in section 701 of such Act (50 U.S.C. 1881), as amended by subsection (a)(2).
TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
SEC. 101. PROTECTIONS RELATED TO WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF UNITED STATES PERSONS AND PERSONS LOCATED IN THE UNITED STATES.
(a) In General.--Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended-- (1) in paragraph (1)(A), by inserting ``and the limitations and requirements in this subsection'' after ``Constitution of the United States''; (2) in paragraph (5)-- (A) in subparagraph (B), by striking ``means'' and all that follows through the period and inserting the following: ``means the use of 1 or more terms, whether conducted through manual or automated means, to retrieve any information acquired under this section, including retrieval from a subset of such information, whether that subset was created by retrieval through a query or other means.''; (B) by redesignating subparagraph (B) as subparagraph (D); and (C) by inserting after subparagraph (A) the following: ``(B) The term `covered information' means-- ``(i) communications content; and ``(ii) information, the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the United States. ``(C) The term `covered query' means a query that is conducted-- ``(i) using a term associated with 1 or more covered persons; or ``(ii) for a significant purpose of retrieving information of or concerning 1 or more covered persons.''; and (3) by adding at the end the following: ``(7) Prohibition on warrantless queries for the communications and other information of united states persons and persons located in the united states.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), no officer or employee of the Federal Government may access covered information returned in response to a covered query. ``(B) Exceptions for concurrent authorization, consent, emergency situations, and certain defensive cybersecurity queries.--Subparagraph (A) shall not apply if-- ``(i) the covered person to whom the covered query relates is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105 or 304 of this Act, or a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction, if-- ``(I) such order, authorization, or warrant covers the period of the covered query; and ``(II) the covered query is conducted and covered information is accessed in compliance with all use, dissemination, querying, retention, and other minimization limitations required by the order, authorization, or warrant; ``(ii)(I) the officer or employee accessing the covered information has a reasonable belief that-- ``(aa) an emergency exists involving an imminent threat of death or serious bodily harm; and ``(bb) in order to prevent or mitigate the threat described in item (aa), the covered information must be accessed before authorization described in clause (i) can, with due diligence, be obtained; and ``(II) not later than 14 days after the covered information is accessed, a description of the circumstances justifying the accessing of the covered information is provided to the Foreign Intelligence Surveillance Court and the appropriate committees of Congress; ``(iii) the covered person to whom the covered query relates or, if such person is incapable of providing consent, a third party legally authorized to consent on behalf of such person, has provided consent for the access on a case-by-case basis; or ``(iv)(I) the covered information is accessed and used for defensive cybersecurity purposes, including the protection of a covered person from cybersecurity attack; ``(II) other than for such defensive cybersecurity purposes, no covered information is accessed or reviewed; and ``(III) not later than 14 days after the covered information is accessed, a description of the circumstances justifying the accessing of the covered information is provided to the Foreign Intelligence Surveillance Court and the appropriate committees of Congress. ``(C) Matters relating to emergency queries.-- ``(i) Treatment of denials.--If covered information is accessed pursuant to an emergency authorization described in subparagraph (B)(i) and the subsequent application to authorize electronic surveillance, a physical search, or an acquisition pursuant to section 105(e) or section 304(e) of this Act is denied, or in any other case in which covered information is accessed in violation of this paragraph-- ``(I) no covered information accessed, or information or evidence derived from such access may be used, received in evidence, or otherwise disseminated in any investigation, trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof; and ``(II) no covered information accessed may subsequently be used or disclosed in any other manner without the consent of such person, except if the Attorney General personally approves the use or disclosure of such information in order to prevent the death of or serious bodily harm to any person and not later than 14 days of such approval, a description of the circumstances justifying the approval is provided to the Foreign Intelligence Surveillance Court and the appropriate committees of Congress. ``(ii) Assessment of compliance.--Not less frequently than once each year, the Attorney General shall assess compliance with the requirements under clause (i). ``(D) Foreign intelligence purpose required for queries.-- ``(i) In general.--Except as provided in clause (ii), no officer or employee of the Federal Government may conduct a query unless the query is-- ``(I) reasonably likely to retrieve foreign intelligence information; and ``(II) is made with a significant foreign intelligence purpose. ``(ii) Exceptions.--An officer or employee of the Federal Government is permitted to conduct a query if an exception described in clauses (i) and (ii) of paragraph (2)(B) applies. ``(E) Documentation.--No officer or employee of the Federal Government may conduct a query, or access covered information returned in response to a covered query, unless an electronic record is created that includes-- ``(i) for each query-- ``(I) each term used for the conduct of the query; ``(II) the date of the query; ``(III) the identifier of the officer or employee who conducted the query; and ``(IV) a statement of facts justifying that the query is reasonably likely to retrieve foreign intelligence information and the significant foreign intelligence purpose for the query or, if an exception under subparagraph (D)(ii) applies, a description of the basis for such exception; and ``(ii) for each access-- ``(I) the date of the access; ``(II) the identifier of the officer or employee who did the particular access; and ``(III) a statement of facts showing that an access is authorized by an exception under subparagraph (B). ``(F) Query record system.--Each head of an agency who is authorized to conduct a covered query shall ensure that a system, mechanism, or business practice is in place to maintain the records described in subparagraph (E), including ensuring that any queries or accesses to covered information returned in response to covered queries, that are conducted by automated means are attributed to the officer or employee who was the proximate cause of such query or access.''. (b) Report on Compliance With Query Record System Requirement.--Not later than 90 days after the date of enactment of this Act, each head of a Federal agency described in section 702(f)(7)(F) of such Act, as added by subsection (a), shall submit to the appropriate committees of Congress a report on the compliance of the Federal agency with the requirement of such section. (c) Conforming Amendments.--Section 702(f) of such Act, as amended by subsection (a), is further amended-- (1) in the headings for subparagraph (B) of paragraph (1), subparagraph (A) of paragraph (2), and subparagraph (A) of paragraph (3), by striking ``united states person'' each place it appears and inserting ``covered person''; (2) in paragraph (6)-- (A) in the heading, by striking ``non-united states persons'' and inserting ``noncovered persons''; and (B) by striking ``non-United States persons'' and inserting ``noncovered persons''; and (3) in paragraphs (1) through (6), by striking ``United States person'' each place it appears and inserting ``covered person''.
SEC. 102. LIMITATION ON USE OF INFORMATION OBTAINED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 RELATING TO UNITED STATES PERSONS AND PERSONS LOCATED IN THE UNITED STATES IN CRIMINAL, CIVIL, AND ADMINISTRATIVE ACTIONS.
Paragraph (2) of section 706(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e(a)) is amended-- (1) in the paragraph heading, by striking ``United states persons'' and inserting ``Covered persons''; and (2) in subparagraph (A)-- (A) by striking ``United States person'' both places it appears and inserting ``covered person''; (B) in the matter before clause (i), by striking ``in any criminal proceeding'' and inserting ``in any criminal, civil, or administrative proceeding''; and (C) in clause (ii), by striking ``the criminal proceeding'' both places it appears and inserting ``the proceeding''.
SEC. 103. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND PERSONS LOCATED IN THE UNITED STATES.
Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as amended by section 101, is further amended-- (1) in subsection (b)-- (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following: ``(6) may not intentionally target a person reasonably believed to be located outside the United States if a significant purpose of such acquisition is to acquire the information of one or more particular, known covered persons, unless-- ``(A)(i) there is a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm to such covered persons; ``(ii) the information is sought for the purpose of assisting those covered persons; and ``(iii) not later than 14 days after the targeting, a description of the targeting is provided to the Foreign Intelligence Surveillance Court and the appropriate committees of Congress; or ``(B) the covered persons have provided consent to the targeting, or if such persons are incapable of providing consent, a third party legally authorized to consent on behalf of such covered person has provided consent;''; (2) in subsection (d)(1), by amending subparagraph (A) to read as follows: ``(A) ensure that-- ``(i) any acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and ``(ii) except as provided in subsection (b)(6), it is not a significant purpose of an acquisition to acquire the information of one or more particular, known covered persons; and''; (3) in subsection (h)(2)(A)(i), by amending subclause (I) to read as follows: ``(I) ensure that-- ``(aa) an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be non- United States persons located outside the United States; and ``(bb) except as provided in subsection (b)(6), it is not a significant purpose of an acquisition to acquire the information of one or more particular, known covered persons; and''; and (4) in subsection (j)(2)(B), by amending clause (i) to read as follows: ``(i) ensure that-- ``(I) an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and ``(II) except as provided in subsection (b)(6), it is not a significant purpose of an acquisition to acquire the information of one or more particular, known covered persons; and''.
SEC. 104. DATA RETENTION LIMITS FOR INFORMATION COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) In General.--Title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) is amended by adding at the end the following:
``SEC. 710. DATA RETENTION LIMITS.
``(a) Policy.--The Attorney General shall develop, and the heads of the elements of the intelligence community shall implement, procedures governing the retention of information collected pursuant to section 702. ``(b) Covered Information.--For purposes of this section, `covered information' includes-- ``(1) any information or communication pertaining to a covered person, including an encrypted communication to or from a covered person, that has been evaluated and is not specifically known to contain foreign intelligence information; and ``(2) any unevaluated information, unless it can reasonably be determined that the unevaluated information does not contain-- ``(A) any information pertaining to a covered person; or ``(B) any communication to or from a covered person, regardless of whether such communication is encrypted. ``(c) Requirements.--The procedures developed and implemented pursuant to subsection (a) shall ensure, with respect to information described in such subsection, that covered information shall be destroyed within 5 years of collection unless the Attorney General determines in writing that-- ``(1) the information is the subject of a preservation obligation in pending administrative, civil, or criminal litigation, in which case the information shall be segregated, retained, and used solely for that purpose and shall be destroyed as soon as it is no longer required to be preserved for such litigation; or ``(2) the information is being used in a proceeding or investigation consistent with section 706(a).''. (b) Clerical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 709 the following:
``Sec. 710. Data retention limits.''.
SEC. 105. FOREIGN INTELLIGENCE SURVEILLANCE COURT SUPERVISION OF DEMANDS FOR TECHNICAL ASSISTANCE FROM ELECTRONIC COMMUNICATION SERVICE PROVIDERS UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 702(i)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(i)(1)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (2) in the matter before clause (i), as redesignated by paragraph (1), by striking ``With respect to'' and inserting the following: ``(A) In general.--Subject to subparagraph (B), in carrying out''; and (3) by adding at the end the following: ``(B) Limitations.--Neither the Attorney General nor the Director of National Intelligence may direct technical assistance from an electronic communication service provider under subparagraph (A) without demonstrating that the assistance sought-- ``(i) is necessary; ``(ii) is narrowly tailored to the surveillance at issue; and ``(iii) would not pose an undue burden on the electronic communication service provider or its customers who are not intended targets of the surveillance. ``(C) Compliance.--An electronic communication service provider is not obligated to comply with a directive to provide technical assistance under this paragraph unless-- ``(i) such assistance is a manner or method that has been explicitly approved by the Court; and ``(ii) the Court issues an order, which has been delivered to the provider, explicitly describing the assistance to be furnished by the provider that has been approved by the Court.''.
SEC. 106. PROHIBITION ON WARRANTLESS ACQUISITION OF DOMESTIC COMMUNICATIONS PURSUANT TO SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended-- (1) in subsection (b)(4), by striking ``known at the time of the acquisition'' and inserting ``known or believed at the time of acquisition or communication''; (2) in subsection (d)(1)(B), by striking ``known at the time of the acquisition'' and inserting ``known or believed at the time of acquisition or communication''; (3) in subsection (h)(2)(A)(i)(II), by striking ``known at the time of the acquisition'' and inserting ``known or believed at the time of acquisition or communication''; and (4) in subsection (j)(2)(B)(ii), by striking ``known at the time of the acquisition'' and inserting ``known or believed at the time of acquisition or communication''.
SEC. 107. REQUIREMENT OF PRIMARY FOREIGN INTELLIGENCE PURPOSE.
Section 702(h)(2)(A)(v) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(h)(2)(A)(v)) is amended by striking ``a significant'' and inserting ``the primary''.
SEC. 108. REPORTS TO CONGRESS ON SENSITIVE QUERIES.
Section 702(f)(3)(D) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)(3)(D)) is amended by adding at the end the following: ``(vii) Reports to congress.--Not less frequently than once each year, the Attorney General shall submit to the appropriate committees of Congress an annual report on the number of sensitive queries made in the year covered by the report, disaggregated by the subclause of clause (ii) under which the queries were approved.''.
SEC. 109. REPEAL OF EXPANDED DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PROVIDER.
(a) Definition With Respect to Additional Procedures Regarding Certain Persons Outside the United States.--Section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)) is amended-- (1) in subparagraph (F)-- (A) by striking ``custodian,''; and (B) by striking ``(D), or (E)'' and inserting ``or (D)''; (2) by striking subparagraph (E); (3) in subparagraph (D), by striking the semicolon and inserting ``; or''; and (4) by redesignating subparagraph (F) as subparagraph (E). (b) Definition With Respect to Protection of Persons Assisting the Government.--Section 801(6) of such Act (50 U.S.C. 1885(6)) is amended-- (1) in subparagraph (G)-- (A) by striking ``custodian,''; and (B) by striking ``(E), or (F)'' and inserting ``or (E)''; (2) by striking subparagraph (E); (3) in subparagraph (F), by striking the semicolon and inserting ``; or''; and (4) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively. (c) Treatment of Certain Section 702 Directives.--Any directive issued pursuant to section 702(i) of such Act (50 U.S.C. 1881a(i)) to a person who was considered an electronic communication service provider pursuant to section 701(b)(4) of such Act (50 U.S.C. 1881(b)(4)) as such section was in effect during the period beginning on April 20, 2024, and ending on the date of the enactment of this Act, but is not an electronic communication service provider pursuant to such section as in effect after the date of the enactment of this Act, shall be considered null and void.
SEC. 110. REPEAL OF EXPANDED QUERYING REQUIREMENTS FOR PERSONS TRAVELING TO THE UNITED STATES.
Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), as amended by section 101, is further amended-- (1) by striking paragraph (6); and (2) by redesignating paragraph (7), as added by section 101, as paragraph (6).
SEC. 111. FOUR-YEAR EXTENSION OF SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Extension.--Section 403(b) of the FISA Amendments Act of 2008 (Public Law 110-261) is amended-- (1) in paragraph (1) (50 U.S.C. 1881-1881g note)-- (A) by striking ``effective two years after the date of enactment of the Reforming Intelligence and Securing America Act'' and inserting ``effective April 20, 2030''; and (B) by striking ``and the Reforming Intelligence and Securing America Act'' and inserting ``, the Reforming Intelligence and Securing America Act, and the Government Surveillance Reform Act of 2026''; and (2) in paragraph (2) (18 U.S.C. 2511 note), in the matter preceding subparagraph (A), by striking ``two years after the date of enactment of the Reforming Intelligence and Securing America Act'' and inserting ``April 20, 2030''. (b) Conforming Amendments.--Section 404(b) of the FISA Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 note) is amended-- (1) in paragraph (1)-- (A) in the paragraph heading, by striking ``two years after the date of enactment of the reforming intelligence and securing america act'' and inserting ``April 20, 2030''; and (B) by striking ``and the Reforming Intelligence and Securing America Act'' and inserting ``, the Reforming Intelligence and Securing America Act, and the Government Surveillance Reform Act of 2026''; and (2) in paragraph (2), in the matter before subparagraph (A), by striking ``and the Reforming Intelligence and Securing America Act'' and inserting ``, the Reforming Intelligence and Securing America Act, and the Government Surveillance Reform Act of 2026''.
TITLE II--FOURTH AMENDMENT IS NOT FOR SALE ACT
SEC. 201. PROHIBITION ON FEDERAL LAW ENFORCEMENT PURCHASE OF PERSONAL DATA FROM DATA BROKERS.
Section 2702 of title 18, United States Code, is amended by adding at the end the following: ``(e) Prohibition on Obtaining in Exchange for Anything of Value Personal Data by Federal Law Enforcement Agencies.-- ``(1) Definitions.--In this subsection and subsections (f) and (g)-- ``(A) the term `biometric information'-- ``(i) means any covered personal data that allows or confirms the unique identification or verification of an individual and is generated from the measurement or processing of unique biological, physical, or physiological characteristics, including-- ``(I) fingerprints; ``(II) voice prints; ``(III) iris or retina imagery scans; ``(IV) facial or hand mapping, geometry, or templates; and ``(V) gait; and ``(ii) does not include-- ``(I) a digital or physical photograph; ``(II) an audio or video recording; or ``(III) data derived from a digital or physical photograph or an audio or video recording that cannot be used to identify or authenticate a specific individual; ``(B) the term `covered organization' means a person who-- ``(i) is not a governmental entity; and ``(ii) is not an individual, unless such individual is an agent of, or otherwise acting on behalf of, a person who is not a governmental entity and is not an individual; ``(C) the term `covered person' means an individual who-- ``(i) is reasonably believed to be located inside the United States at the time of the creation of the covered personal data; or ``(ii) is a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); ``(D) the term `covered personal data' means personal data relating to a covered person; ``(E) the term `electronic device' has the meaning given the term `computer' in section 1030(e); ``(F) the term `Federal law enforcement agency' means a law enforcement agency of a department or agency of the United States; ``(G) the term `lawfully obtained public data' means covered personal data obtained by a particular covered organization-- ``(i) that the covered organization reasonably understood to have been voluntarily made available to the general public by the covered person; ``(ii) that the covered organization obtained in compliance with all applicable laws and regulations; and ``(iii) if the covered organization did not initially obtain the covered personal data after the covered personal data was made available to the general public-- ``(I) that the covered organization reasonably understood to have been obtained in compliance with all applicable laws and regulations by-- ``(aa) the person that initially obtained the covered personal data; and ``(bb) if the covered organization did not obtain the covered personal data from the person described in item (aa), each other person in the sequence of transfers of the covered personal data leading up to the obtaining of the covered personal data by the covered organization; and ``(II) with respect to which the covered organization receives an attestation under penalty of perjury-- ``(aa) by the person that initially obtained the covered personal data indicating that the covered personal data was voluntarily made available to the general public by the covered person and was obtained in compliance with all applicable laws and regulations; and ``(bb) if the covered organization did not obtain the covered personal data from the person described in item (aa), by each other person in the sequence of transfers of the covered personal data leading up to the obtaining of the covered personal data by the covered organization indicating that such person reasonably understood the data to have been lawfully obtained public data; ``(H) the term `obtain in exchange for anything of value' means to obtain by purchasing, to receive in connection with services being provided for monetary or nonmonetary consideration, or to otherwise obtain in exchange for consideration, including an access fee, service fee, maintenance fee, or licensing fee; ``(I) the term `personal data'-- ``(i) means data, derived data, or any unique identifier that is linked to, or is reasonably linkable to, an individual or to an electronic device that is linked to, or is reasonably linkable to, 1 or more individuals in a household; ``(ii) includes anonymized data that, if combined with other data, can be linked to, or is reasonably linkable to, an individual or to an electronic device that identifies, is linked to, or is reasonably linkable to 1 or more individuals in a household; and ``(iii) does not include data that is lawfully available through Federal, State, or local government records or through widely distributed media; and ``(J) the term `State or local law enforcement agency' means a law enforcement department or agency of a State, or a political subdivision of a State. ``(2) Limitation.-- ``(A) In general.-- ``(i) Prohibition.--Subject to clauses (ii) through (vii), a Federal law enforcement agency may not obtain in exchange for anything of value covered personal data if-- ``(I) the covered personal data is directly or indirectly obtained from a covered organization; or ``(II) the covered personal data is derived from covered personal data that was directly or indirectly obtained from a covered organization. ``(ii) Exception for certain compilations of data.--A Federal law enforcement agency may obtain in exchange for something of value covered personal data as part of a larger compilation of data which includes personal data about persons who are not covered persons, if-- ``(I) the Federal law enforcement agency is unable through reasonable means to exclude covered personal data from the larger compilation obtained; and ``(II) the Federal law enforcement agency minimizes any covered personal data from the larger compilation, in accordance with the requirements described in, and the procedures established under, subsection (f). ``(iii) Exception for whistleblower disclosures to law enforcement.--Clause (i) shall not apply to covered personal data that is obtained by a Federal law enforcement agency under a program established by an Act of Congress under which a portion of a penalty or a similar payment or bounty is paid to an individual who discloses information about an unlawful activity to the Government, such as the program authorized under section 7623 of the Internal Revenue Code of 1986 (relating to awards to whistleblowers in cases of underpayments or fraud). ``(iv) Exception for cost reimbursement under compulsory legal process.--Clause (i) shall not apply to covered personal data that is obtained by a Federal law enforcement agency from a covered organization in accordance with compulsory legal process that-- ``(I) is established by statute; and ``(II) provides for the reimbursement of costs of the covered organization that are incurred in connection with providing the record or information to the Federal law enforcement agency, such as the reimbursement of costs under section 2706. ``(v) Exception for employment-related use.--Clause (i) shall not apply to covered personal data about an employee of, or applicant for employment by, a Federal law enforcement agency that is-- ``(I) obtained by the Federal law enforcement agency for lawful employment-related purposes; ``(II) accessed and used by the Federal law enforcement agency only for such employment-related purposes; and ``(III) destroyed at such time as the covered personal data is no longer needed for employment-related purposes. ``(vi) Exception for use in background checks.--Clause (i) shall not apply to covered personal data about a covered person that is-- ``(I) obtained by a Federal law enforcement agency for purposes of conducting a background check of the covered person with the written consent of the covered person; ``(II) accessed and used by the Federal law enforcement agency only for background check-related purposes; and ``(III) destroyed at such time as the covered personal data is no longer needed for background check-related purposes. ``(vii) Exception for lawfully obtained public data.-- ``(I) In general.--Except as provided in subclause (II) or (III) of this clause, clause (i) shall not apply to covered personal data that is obtained by a Federal law enforcement agency if-- ``(aa) the Federal law enforcement agency reasonably believes that--
``(AA) the covered personal data is lawfully obtained public data; or
``(BB) the covered personal data is derived from covered personal data that solely consists of lawfully obtained public data; and
``(bb) the Federal law enforcement agency receives--
``(AA) an attestation under penalty of perjury from the person providing the covered personal data that the covered personal data is lawfully obtained public data or is derived from covered personal data that solely consists of lawfully obtained public data; and
``(BB) each attestation described in paragraph (1)(G)(iii) with respect to the lawfully obtained public data.
``(II) Exception for biometric information.--The exception under subclause (I) shall not apply to biometric information. ``(III) Exception for location information.--The exception under subclause (I) shall not apply to location information. ``(B) Indirectly acquired records and information.--The limitation under subparagraph (A) shall apply without regard to whether the covered organization possessing the covered personal data is the covered organization that initially obtained, collected, or received the disclosure of the covered personal data. ``(3) Limit on sharing between agencies.-- ``(A) In general.---A Federal law enforcement agency may not acquire, receive, query, or otherwise obtain or access covered personal data from any governmental entity (without regard to whether the governmental entity is a Federal entity), if the covered personal data was obtained by that governmental entity in a manner that would violate paragraph (2) if the Federal law enforcement agency directly obtained the covered personal data in a like manner. ``(B) Causation not required.---The prohibition in subparagraph (A) shall apply without regard to whether the Federal law enforcement agency caused the governmental entity to obtain the covered personal data. ``(C) Attestation required.---A Federal law enforcement agency may only acquire, receive, query, or otherwise obtain or access covered personal data from another governmental entity (without regard to whether the governmental entity is a Federal entity), if the Federal law enforcement agency obtains an attestation that the covered personal data was not obtained by that governmental entity in a manner that would violate paragraph (2) if the Federal law enforcement agency directly obtained the covered personal data in a like manner. ``(D) Destruction upon acquisition of knowledge.--- If a Federal law enforcement agency learns that the Federal law enforcement agency previously acquired, received, queried, or otherwise obtained or accessed covered personal data from any governmental entity (without regard to whether the governmental entity is a Federal entity) that the governmental entity obtained in a manner described in subparagraph (A), the Federal law enforcement agency may not use or disseminate the covered personal data or any information derived from the covered personal data, and shall promptly destroy any such covered personal data that is still retained. ``(4) Prohibition on use as evidence by federal law enforcement agencies.-- ``(A) In general.--Covered personal data acquired, received, queried, or otherwise obtained or accessed by a Federal law enforcement agency in violation of paragraph (2) or (3), and any evidence derived therefrom, may not be used, received in evidence, or otherwise disseminated by, on behalf of, or upon a motion or other action by a Federal law enforcement agency in any investigation, trial, hearing, or other proceeding by, in, or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. ``(B) Use by aggrieved parties.--Nothing in subparagraph (A) shall be construed to limit the use of covered personal data by a covered person aggrieved of a violation of paragraph (2) or (3) in connection with any action relating to such a violation. ``(f) Minimization Procedures.-- ``(1) Adoption.-- ``(A) In general.--The Attorney General shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention, and to restrict the querying, of covered personal data, and prohibit the dissemination of information derived from covered personal data, which shall include procedures to enforce the requirements of paragraphs (2), (3), and (4). ``(B) Periodic review.--Not later than 3 years after the date of enactment of the Government Surveillance Reform Act of 2026, and every 3 years thereafter, the Attorney General shall-- ``(i) review the procedures adopted under subparagraph (A); ``(ii) publish a determination regarding whether the procedures need to be revised, in light of new technologies or violations of the procedures; and ``(iii) adopt any necessary revisions to the procedures. ``(2) Acquisition and retention.--Each Federal law enforcement agency shall-- ``(A) exhaust all reasonable means-- ``(i) to exclude covered personal data that is not subject to 1 or more of the exceptions set forth in clauses (iii) through (vii) of subsection (e)(2)(A) from the data obtained; and ``(ii) to remove and delete covered personal data described in clause (i) after a compilation is obtained and before operational use of the compilation or inclusion of the compilation in a dataset intended for operational use; and ``(B) audit the acquisition and retention of covered personal data by the Federal law enforcement agency on an ongoing and continuous basis, to evaluate compliance with the procedures adopted under paragraph (1). ``(3) Destruction.--If a Federal law enforcement agency identifies covered personal data in a compilation described in paragraph (2)(A)(ii), the Federal law enforcement agency shall promptly destroy the covered personal data and any dissemination of information derived from the covered personal data shall be prohibited. ``(4) Querying.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), no officer or employee of a Federal law enforcement agency may conduct a query of personal data, including personal data already subjected to minimization, in an effort to find records of or about 1 or more particular covered persons. ``(B) Exceptions.--Subparagraph (A) shall not apply to a query related to 1 or more particular covered persons if-- ``(i) such covered persons are the subject of a court order issued under this title or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that would authorize the Federal law enforcement agency to compel the production of the covered personal data, during the effective period of that order; ``(ii) the officer or employee of a Federal law enforcement agency carrying out the query has a reasonable belief that the life or safety of such covered persons are threatened and the information is sought for the purpose of assisting such covered persons, in which case information resulting from the query may be accessed or used solely for that purpose and shall be destroyed at such time as it is no longer necessary for such purpose; or ``(iii) such covered persons have consented to the query. ``(C) Special rule for compilations of data.--For a query of a compilation of data obtained under subsection (e)(2)(A)(ii)-- ``(i) each query shall be reasonably designed to exclude personal data of covered persons; and ``(ii) any personal data of covered persons returned pursuant to a query shall not be reviewed and shall immediately be destroyed. ``(g) Transparency Requirements.-- ``(1) Definition of covered federal funds.--In this subsection, the term `covered Federal funds' means-- ``(A) funds provided under the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); ``(B) funds provided through the Office of Community Oriented Policing Services; ``(C) funds received under an in-kind grant made under section 2576 of title 10; ``(D) funds received under an in-kind grant made via a transfer made under section 981 of this title; or ``(E) funds received under any other Federal program that offers assistance to a law enforcement agency similar to the assistance under the programs described in subparagraphs (A) through (D). ``(2) Reporting.--If a State or local law enforcement agency, using any means or facility of interstate or foreign commerce, through activities in or affecting interstate or foreign commerce, or by using covered Federal funds, obtains covered personal data in a manner that would violate subsection (e)(2) if obtained by a Federal law enforcement agency in a like manner, the State or local law enforcement agency shall publicly report, not less frequently than once per year-- ``(A) the total amount in dollars of anything of value exchanged for such covered personal data during the preceding year, which shall be disaggregated into money directly exchanged and the estimated value of the other things of value that were exchanged; ``(B) the categories of covered personal data obtained in such a manner in the preceding year, including whether the agency obtained location information, biometric information, web browsing data, or metadata of communications; and ``(C) an estimate of the total number of covered persons whose covered data was obtained in such a manner in the preceding year.''.
TITLE III--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
SEC. 301. COURT SUPERVISION OF COLLECTION TARGETING UNITED STATES PERSONS AND PERSONS LOCATED INSIDE THE UNITED STATES.
(a) In General.--Title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) is amended-- (1) by striking sections 703, 704, and 705 (50 U.S.C. 1881b, 1881c, and 1881d); and (2) by inserting after section 702 (50 U.S.C. 1881a) the following:
``SEC. 703. ACQUISITIONS TARGETING UNITED STATES PERSONS AND PERSONS LOCATED INSIDE THE UNITED STATES.
``(a) Warrant Requirement.--No officer or employee of the Federal Government may intentionally target a covered person for the purpose of acquiring foreign intelligence information, where such acquisition would be of communications content, location information, web browsing history, or internet search history of the covered person, or the acquisition would occur under circumstances in which the person has a reasonable expectation of privacy, or a warrant would be required for the acquisition of such information if the officer or employee sought to compel production of the information inside the United States for law enforcement purposes, unless such person is the subject of-- ``(1) an order or emergency authorization under section 105 or 304 of this Act covering the period of the acquisition and the acquisition is subject to the use, dissemination, querying, retention, and other minimization limitations required by such order or authorization; or ``(2) a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction covering the period of the acquisition and the acquisition is subject to the use, dissemination, querying, retention, and other minimization limitations required by such warrant. ``(b) Pen Register or Trap and Trace.--No officer or employee of the Federal Government may intentionally target a covered person for the purpose of collecting foreign intelligence information through the installation and use of a pen register or trap and trace device, or to acquire information the compelled production of which would require a pen register or trap and trace device order if conducted inside the United States, unless such person is the subject of-- ``(1) an order or emergency authorization under title IV of this Act covering the period of the acquisition and the acquisition is subject to the use, dissemination, querying, retention, and other minimization limitations required by such authorization; or ``(2) an order has been issued pursuant to section 3123 of title 18, United States Code, by a court of competent jurisdiction covering the period of the acquisition. ``(c) Matters Relating to Emergency Acquisition.--If an acquisition is conducted pursuant to an emergency authorization described in subsection (a)(1) or (b)(1) and the subsequent application to authorize electronic surveillance, a physical search, an acquisition, or the installation and use of a pen register or trap and trace device pursuant to section 105(e), 304(e), or 403(a) of this Act is denied, or in any other case in which the acquisition has been conducted and no order is issued approving the acquisition-- ``(1) no information obtained or evidence derived from such acquisition may be used, received in evidence, or otherwise disseminated in any investigation, trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof; and ``(2) no information obtained or evidence derived from such acquisition concerning a covered person may subsequently be used or disclosed in any other manner without the consent of such person, except with the approval of the Attorney General, if the information indicates a threat of death or serious bodily harm to any person. ``(d) Rule of Construction.--Subsections (a), (b), and (c) shall apply regardless of the location of the acquisition.''. (b) Conforming Amendments.--The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended-- (1) in section 601(a)(1) (50 U.S.C. 1871(a)(1))-- (A) by striking subparagraphs (D) through (F); and (B) in subparagraph (B), by striking the semicolon and inserting ``; and''; (2) in section 603(b)(1) (50 U.S.C. 1873(b)(1)), in the matter before subparagraph (A), by striking ``and sections 703 and 704''; and (3) in section 706 (50 U.S.C. 1881e), by striking subsection (b). (c) Clerical Amendment.--The table of contents for such Act is amended-- (1) by striking the items relating to sections 703, 704, and 705; and (2) by inserting after the item relating to section 702 the following:
``Sec. 703. Acquisitions targeting United States persons and persons located inside the United States.''.
SEC. 302. CONSISTENT DISCLOSURES OF RELEVANT INFORMATION IN TITLE V AND OTHER FISA APPLICATIONS.
(a) Consistent Procedures for Title V and Other FISA Applications.--The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended in section 104(a)(12), in the matter before subparagraph (A), section 303(a)(10), in the matter before subparagraph (A), and section 402(c)(4), in the matter before subparagraph (A), are amended by inserting ``, and that the application fairly reflects all information,'' after ``apprised of all information'' each place it appears. (b) Technical Corrections.--Such Act is further amended-- (1) in section 104(a)-- (A) in paragraph (9), by striking ``; and'' and inserting a semicolon; (B) in paragraph (11), by striking ``; and'' and inserting a semicolon; and (C) in paragraph (12)(B), by striking the period at the end and inserting ``; and''; (2) in section 303(a)-- (A) in paragraph (9), by striking ``; and'' and inserting a semicolon; and (B) in paragraph (10)(B), by striking the period at the end and inserting ``; and''; and (3) in section 502(b)(2), by redesignating subparagraphs (E) and (F) as subparagraphs (C) and (D), respectively.
SEC. 303. STRENGTHENING ACCURACY PROCEDURES.
(a) In General.--The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the following:
``TITLE IX--REQUIRED DISCLOSURE OF RELEVANT INFORMATION
``SEC. 901. CERTIFICATION REGARDING ACCURACY PROCEDURES.
``(a) Definition of Accuracy Procedures.--In this section, the term `accuracy procedures' means specific procedures, adopted by the Attorney General, to ensure that an application for a court order under this Act, including any application for renewal of an existing order, is accurate and complete, including procedures that ensure, at a minimum, that-- ``(1) the application reflects all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the applica
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