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Government Surveillance Reform Act of 2026
Introduced Mar 12, 2026 · Last action Mar 12, 2026 — Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Summary
This legislation is called the Government Surveillance Reform Act of 2026. It is being reviewed by a committee.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7901 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7901
To implement reforms relating to foreign intelligence surveillance
authorities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2026
Mr. Davidson (for himself, Ms. Lofgren, Ms. Jayapal, and Ms. Jacobs)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Permanent Select Committee on
Intelligence, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To implement reforms relating to foreign intelligence surveillance
authorities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Government
Surveillance Reform Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE
COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978
Sec. 101. Protections related to warrantless queries for the
communications of United States persons and
persons located in the United States.
Sec. 102. Limitation on use of information obtained under section 702
of the Foreign Intelligence Surveillance
Act of 1978 relating to United States
persons and persons located in the United
States in criminal, civil, and
administrative actions.
Sec. 103. Prohibition on reverse targeting of United States persons and
persons located in the United States.
Sec. 104. Data retention limits for information collected under section
702 of the Foreign Intelligence
Surveillance Act of 1978.
Sec. 105. Foreign Intelligence Surveillance Court supervision of
demands for technical assistance from
electronic communication service providers
under section 702 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 106. Prohibition on warrantless acquisition of domestic
communications pursuant to section 702 of
the Foreign Intelligence Surveillance Act
of 1978.
Sec. 107. Requirement of primary foreign intelligence purpose.
Sec. 108. Reports to Congress on sensitive queries.
Sec. 109. Repeal of expanded definition of electronic communication
service provider.
Sec. 110. Repeal of expanded querying requirements for persons
traveling to the United States.
Sec. 111. Four-year extension of section 702 of the Foreign
Intelligence Surveillance Act of 1978.
TITLE II--FOURTH AMENDMENT IS NOT FOR SALE ACT
Sec. 201. Prohibition on Federal law enforcement purchase of personal
data from data brokers.
TITLE III--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 301. Court supervision of collection targeting United States
persons and persons located inside the
United States.
Sec. 302. Consistent disclosures of relevant information in title V and
other FISA applications.
Sec. 303. Strengthening accuracy procedures.
Sec. 304. Clarification regarding treatment of information and evidence
acquired under the Foreign Intelligence
Surveillance Act of 1978.
Sec. 305. Sunset on grandfather clause of section 215 of the USA
PATRIOT Act.
Sec. 306. Written record of Department of Justice interactions with
Foreign Intelligence Surveillance court.
Sec. 307. Appointment of amici curiae and access to information.
Sec. 308. Declassification of significant decisions, orders, and
opinions.
Sec. 309. Clarification of Foreign Intelligence Surveillance Court
jurisdiction over records of the court and
other ancillary matters.
Sec. 310. Grounds for determining injury in fact in civil actions
relating to surveillance under the Foreign
Intelligence Surveillance Act of 1978 or
pursuant to executive authority.
Sec. 311. Accountability procedures for violations by Federal
employees.
Sec. 312. Reforms to the exclusive means limitations under the Foreign
Intelligence Surveillance Act of 1978.
TITLE IV--REFORMS RELATED TO SURVEILLANCE CONDUCTED FOR FOREIGN
INTELLIGENCE PURPOSES OTHER THAN UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978
Sec. 401. Definitions.
Sec. 402. Protections related to warrantless queries for the
communications of United States persons and
persons located in the United States.
Sec. 403. Prohibition on reverse targeting of United States persons and
persons located in the United States.
Sec. 404. Prohibition on intelligence acquisition of United States
person data.
Sec. 405. Prohibition on the warrantless acquisition of domestic
communications.
Sec. 406. Data retention limits.
Sec. 407. Reports on violations of law or Executive order.
TITLE V--INDEPENDENT OVERSIGHT
Sec. 501. Inspector General oversight of orders under the Foreign
Intelligence Surveillance Act of 1978.
Sec. 502. Intelligence community parity and communications with Privacy
and Civil Liberties Oversight Board.
Sec. 503. Congressional oversight of grants of immunity by the Attorney
General for warrantless surveillance
assistance.
TITLE VI--REFORMS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986
Sec. 601. Warrant protections for location information, web browsing
records, and search query records.
Sec. 602. Consistent protections for phone and app-based call and
texting records.
Sec. 603. Email Privacy Act.
Sec. 604. Consistent protections for demands for data held by
interactive computing services.
Sec. 605. Consistent protections from Federal law enforcement for real-
time and historical metadata.
Sec. 606. Subpoenas for certain subscriber information.
Sec. 607. Minimization standards for voluntary disclosure of customer
communications or records.
Sec. 608. Consistent privacy protections for data held by data brokers.
Sec. 609. Protection of data entrusted to intermediary or ancillary
service providers.
Sec. 610. Modernizing criminal surveillance reports.
Sec. 611. Limitation of amendments to Federal departments and agencies.
TITLE VII--PROTECTION OF CAR DATA FROM FEDERAL WARRANTLESS SEARCHES
Sec. 701. Protection of car data from Federal warrantless searches.
TITLE VIII--INTELLIGENCE TRANSPARENCY
Sec. 801. Enhanced annual reports by Director of the Administrative
Office of the United States Courts.
Sec. 802. Enhanced annual reports by Director of National Intelligence.
Sec. 803. Annual reporting on accuracy and completeness of
applications.
Sec. 804. Allowing more granular aggregate reporting by recipients of
foreign intelligence surveillance orders.
Sec. 805. Report on use of foreign intelligence surveillance
authorities regarding protected activities
and protected classes.
Sec. 806. Publication of estimates regarding communications collected
under certain provisions of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 807. Enhanced reporting of assessments of compliance with
emergency order requirements under certain
provisions of the Foreign Intelligence
Surveillance Act of 1978.
TITLE IX--SEVERABILITY AND LIMITED DELAYS IN IMPLEMENTATION
Sec. 901. Rule of construction with respect to State and local law
enforcement authorities.
Sec. 902. Severability.
Sec. 903. Limited delays in implementation.
SEC. 2. DEFINITIONS.
(a) Amendments to the Foreign Intelligence Surveillance Act of
1978.--
(1) In general.--Section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801) is amended by adding
at the end the following:
``(q) The term `Foreign Intelligence Surveillance Court' means the
court established under section 103(a).
``(r) The terms `Foreign Intelligence Surveillance Court of Review'
and `Court of Review' mean the court established under section 103(b).
``(s) The term `appropriate committees of Congress' means--
``(1) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003));
``(2) the Committee on the Judiciary of the Senate; and
``(3) the Committee on the Judiciary of the House of
Representatives.''.
(2) Title vii.--Section 701(b) of such title (50 U.S.C.
1881) is amended by adding at the end the following new
paragraph:
``(6) Covered person.--The term `covered person' means,
with respect to a query, a communication, an acquisition, or
creation of information, a person who is--
``(A) a United States person; or
``(B) a person known or believed to be located in
the United States--
``(i) at the time of the applicable query;
or
``(ii) at the time of the acquisition,
communication, or creation of the information
subject to the applicable query.''.
(3) Conforming amendments.--Such Act (50 U.S.C. 1801 et
seq.) is amended--
(A) in section 102(a)(3) (50 U.S.C. 1802(a)(3)), by
striking ``the court established under section 103(a)''
and inserting ``the Foreign Intelligence Surveillance
Court'';
(B) in section 103 (50 U.S.C. 1803)--
(i) in subsection (a)--
(I) in paragraph (2)(A), by
striking ``The court established under
this subsection'' and inserting ``The
Foreign Intelligence Surveillance
Court''; and
(II) by striking ``the court
established under this subsection''
each place it appears and inserting
``the Foreign Intelligence Surveillance
Court'';
(ii) in subsection (g)--
(I) in paragraph (2)--
(aa) in subparagraph (A),
by striking ``the court
established pursuant to
subsection (a)'' and inserting
``the Foreign Intelligence
Surveillance Court''; and
(bb) in subparagraph (B),
by striking ``the court of
review established pursuant to
subsection (b)'' and inserting
``the Foreign Intelligence
Surveillance Court of Review'';
and
(II) in paragraph (1), by striking
``The courts established pursuant to
subsections (a) and (b)'' and inserting
``The Foreign Intelligence Surveillance
Court and the Foreign Intelligence
Surveillance Court of Review'';
(iii) in subsection (h), by striking ``a
court established under this section'' and
inserting ``the Foreign Intelligence
Surveillance Court or the Foreign Intelligence
Surveillance Court of Review'';
(iv) in subsection (i)--
(I) in paragraph (1), by striking
``the courts established under
subsections (a) and (b)'' and inserting
``the Foreign Intelligence Surveillance
Court and the Foreign Intelligence
Surveillance Court of Review'';
(II) in paragraph (3)(B), in the
first sentence, by striking ``the
courts'' and inserting ``the Foreign
Intelligence Surveillance Court and the
Foreign Intelligence Surveillance Court
of Review'';
(III) in paragraph (5), by striking
``the court'' and inserting ``the
Foreign Intelligence Surveillance Court
or the Foreign Intelligence
Surveillance Court of Review, as the
case may be,'';
(IV) in paragraph (6), by striking
``the court'' each place it appears and
inserting ``the Foreign Intelligence
Surveillance Court or the Foreign
Intelligence Surveillance Court of
Review'';
(V) by striking ``a court
established under subsection (a) or
(b)'' each place it appears and
inserting ``the Foreign Intelligence
Surveillance Court or the Foreign
Intelligence Surveillance Court of
Review''; and
(VI) by striking ``A court
established under subsection (a) or
(b)'' each place it appears and
inserting ``The Foreign Intelligence
Surveillance Court or the Foreign
Intelligence Surveillance Court of
Review'';
(v) in subsection (j)--
(I) by striking ``a court
established under subsection (a)'' and
inserting ``the Foreign Intelligence
Surveillance Court''; and
(II) by striking ``the court
determines'' and inserting ``the
Foreign Intelligence Surveillance Court
determines'';
(vi) by striking ``the court established
under subsection (a)'' each place it appears
and inserting ``the Foreign Intelligence
Surveillance Court''; and
(vii) by striking ``the court established
under subsection (b)'' each place it appears
and inserting ``the Foreign Intelligence
Surveillance Court of Review'';
(C) in section 105(c)(3) (50 U.S.C. 1805(c)(3)), by
striking ``the court'' each place it appears and
inserting ``the Foreign Intelligence Surveillance
Court'';
(D) in section 401(1) (50 U.S.C. 1841(1)), by
striking ``, and `State''' and inserting ```State',
`Foreign Intelligence Surveillance Court', and `Foreign
Intelligence Surveillance Court of Review''';
(E) in section 402 (50 U.S.C. 1842)--
(i) in subsection (b)(1), by striking ``the
court established by section 103(a) of this
Act'' and inserting ``the Foreign Intelligence
Surveillance Court''; and
(ii) in subsection (h)(2), by striking
``the court established under section 103(a)''
and inserting ``the Foreign Intelligence
Surveillance Court'';
(F) in section 502(b)(1)(A), by striking ``the
court established by section 103(a) of this Act'' and
inserting ``the Foreign Intelligence Surveillance Court
(as defined by section 101)'';
(G) in section 801 (50 U.S.C. 1885)--
(i) in paragraph (8)(B)(i), by striking
``the court established under section 103(a)''
and inserting ``the Foreign Intelligence
Surveillance Court''; and
(ii) by adding at the end the following new
paragraph:
``(10) Foreign intelligence surveillance court.--The term
`Foreign Intelligence Surveillance Court' means the court
established under section 103(a).''; and
(H) in section 802(a)(1) (50 U.S.C. 1885a(a)(1)),
by striking ``the court established under section
103(a)'' and inserting ``the Foreign Intelligence
Surveillance Court''.
(b) Terms Used in This Act.--In this Act--
(1) the terms ``appropriate committees of Congress'',
``Foreign Intelligence Surveillance Court'', and ``Foreign
Intelligence Surveillance Court of Review'' have the meanings
given such terms in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801), as amended by
subsection (a)(1); and
(2) the term ``covered person'' has the meaning given such
term in section 701 of such Act (50 U.S.C. 1881), as amended by
subsection (a)(2).
TITLE I--PROTECTIONS FOR UNITED STATES PERSONS WHOSE COMMUNICATIONS ARE
COLLECTED UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978
SEC. 101. PROTECTIONS RELATED TO WARRANTLESS QUERIES FOR THE
COMMUNICATIONS OF UNITED STATES PERSONS AND PERSONS
LOCATED IN THE UNITED STATES.
(a) In General.--Section 702(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended--
(1) in paragraph (1)(A), by inserting ``and the limitations
and requirements in this subsection'' after ``Constitution of
the United States'';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``means'' and
all that follows through the period and inserting the
following: ``means the use of 1 or more terms, whether
conducted through manual or automated means, to
retrieve any information acquired under this section,
including retrieval from a subset of such information,
whether that subset was created by retrieval through a
query or other means.'';
(B) by redesignating subparagraph (B) as
subparagraph (D); and
(C) by inserting after subparagraph (A) the
following:
``(B) The term `covered information' means--
``(i) communications content; and
``(ii) information, the compelled
disclosure of which would require a probable
cause warrant if sought for law enforcement
purposes inside the United States.
``(C) The term `covered query' means a query that
is conducted--
``(i) using a term associated with 1 or
more covered persons; or
``(ii) for a significant purpose of
retrieving information of or concerning 1 or
more covered persons.''; and
(3) by adding at the end the following:
``(7) Prohibition on warrantless queries for the
communications and other information of united states persons
and persons located in the united states.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no officer or employee of
the Federal Government may access covered information
returned in response to a covered query.
``(B) Exceptions for concurrent authorization,
consent, emergency situations, and certain defensive
cybersecurity queries.--Subparagraph (A) shall not
apply if--
``(i) the covered person to whom the
covered query relates is the subject of an
order or emergency authorization authorizing
electronic surveillance or physical search
under section 105 or 304 of this Act, or a
warrant issued pursuant to the Federal Rules of
Criminal Procedure by a court of competent
jurisdiction, if--
``(I) such order, authorization, or
warrant covers the period of the
covered query; and
``(II) the covered query is
conducted and covered information is
accessed in compliance with all use,
dissemination, querying, retention, and
other minimization limitations required
by the order, authorization, or
warrant;
``(ii)(I) the officer or employee accessing
the covered information has a reasonable belief
that--
``(aa) an emergency exists
involving an imminent threat of death
or serious bodily harm; and
``(bb) in order to prevent or
mitigate the threat described in item
(aa), the covered information must be
accessed before authorization described
in clause (i) can, with due diligence,
be obtained; and
``(II) not later than 14 days after the
covered information is accessed, a description
of the circumstances justifying the accessing
of the covered information is provided to the
Foreign Intelligence Surveillance Court and the
appropriate committees of Congress;
``(iii) the covered person to whom the
covered query relates or, if such person is
incapable of providing consent, a third party
legally authorized to consent on behalf of such
person, has provided consent for the access on
a case-by-case basis; or
``(iv)(I) the covered information is
accessed and used for defensive cybersecurity
purposes, including the protection of a covered
person from cybersecurity attack;
``(II) other than for such defensive
cybersecurity purposes, no covered information
is accessed or reviewed; and
``(III) not later than 14 days after the
covered information is accessed, a description
of the circumstances justifying the accessing
of the covered information is provided to the
Foreign Intelligence Surveillance Court and the
appropriate committees of Congress.
``(C) Matters relating to emergency queries.--
``(i) Treatment of denials.--If covered
information is accessed pursuant to an
emergency authorization described in
subparagraph (B)(i) and the subsequent
application to authorize electronic
surveillance, a physical search, or an
acquisition pursuant to section 105(e) or
section 304(e) of this Act is denied, or in any
other case in which covered information is
accessed in violation of this paragraph--
``(I) no covered information
accessed, or information or evidence
derived from such access may be used,
received in evidence, or otherwise
disseminated in any investigation,
trial, hearing, or other proceeding in
or before any court, grand jury,
department, office, agency, regulatory
body, legislative committee, or other
authority of the United States, a
State, or political subdivision
thereof; and
``(II) no covered information
accessed may subsequently be used or
disclosed in any other manner without
the consent of such person, except if
the Attorney General personally
approves the use or disclosure of such
information in order to prevent the
death of or serious bodily harm to any
person and not later than 14 days of
such approval, a description of the
circumstances justifying the approval
is provided to the Foreign Intelligence
Surveillance Court and the appropriate
committees of Congress.
``(ii) Assessment of compliance.--Not less
frequently than once each year, the Attorney
General shall assess compliance with the
requirements under clause (i).
``(D) Foreign intelligence purpose required for
queries.--
``(i) In general.--Except as provided in
clause (ii), no officer or employee of the
Federal Government may conduct a query unless
the query is--
``(I) reasonably likely to retrieve
foreign intelligence information; and
``(II) is made with a significant
foreign intelligence purpose.
``(ii) Exceptions.--An officer or employee
of the Federal Government is permitted to
conduct a query if an exception described in
clauses (i) and (ii) of paragraph (2)(B)
applies.
``(E) Documentation.--No officer or employee of the
Federal Government may conduct a query, or access
covered information returned in response to a covered
query, unless an electronic record is created that
includes--
``(i) for each query--
``(I) each term used for the
conduct of the query;
``(II) the date of the query;
``(III) the identifier of the
officer or employee who conducted the
query; and
``(IV) a statement of facts
justifying that the query is reasonably
likely to retrieve foreign intelligence
information and the significant foreign
intelligence purpose for the query or,
if an exception under subparagraph
(D)(ii) applies, a description of the
basis for such exception; and
``(ii) for each access--
``(I) the date of the access;
``(II) the identifier of the
officer or employee who did the
particular access; and
``(III) a statement of facts
showing that an access is authorized by
an exception under subparagraph (B).
``(F) Query record system.--Each head of an agency
who is authorized to conduct a covered query shall
ensure that a system, mechanism, or business practice
is in place to maintain the records described in
subparagraph (E), including ensuring that any queries
or accesses to covered information returned in response
to covered queries, that are conducted by automated
means are attributed to the officer or employee who was
the proximate cause of such query or access.''.
(b) Report on Compliance With Query Record System Requirement.--Not
later than 90 days after the date of enactment of this Act, each head
of a Federal agency described in section 702(f)(7)(F) of such Act, as
added by subsection (a), shall submit to the appropriate committees of
Congress a report on the compliance of the Federal agency with the
requirement of such section.
(c) Conforming Amendments.--Section 702(f) of such Act, as amended
by subsection (a), is further amended--
(1) in the headings for subparagraph (B) of paragraph (1),
subparagraph (A) of paragraph (2), and subparagraph (A) of
paragraph (3), by striking ``united states person'' each place
it appears and inserting ``covered person'';
(2) in paragraph (6)--
(A) in the heading, by striking ``non-united states
persons'' and inserting ``noncovered persons''; and
(B) by striking ``non-United States persons'' and
inserting ``noncovered persons''; and
(3) in paragraphs (1) through (6), by striking ``United
States person'' each place it appears and inserting ``covered
person''.
SEC. 102. LIMITATION ON USE OF INFORMATION OBTAINED UNDER SECTION 702
OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
RELATING TO UNITED STATES PERSONS AND PERSONS LOCATED IN
THE UNITED STATES IN CRIMINAL, CIVIL, AND ADMINISTRATIVE
ACTIONS.
Paragraph (2) of section 706(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881e(a)) is amended--
(1) in the paragraph heading, by striking ``United states
persons'' and inserting ``Covered persons''; and
(2) in subparagraph (A)--
(A) by striking ``United States person'' both
places it appears and inserting ``covered person'';
(B) in the matter before clause (i), by striking
``in any criminal proceeding'' and inserting ``in any
criminal, civil, or administrative proceeding''; and
(C) in clause (ii), by striking ``the criminal
proceeding'' both places it appears and inserting ``the
proceeding''.
SEC. 103. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND
PERSONS LOCATED IN THE UNITED STATES.
Section 702 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a), as amended by section 101, is further amended--
(1) in subsection (b)--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following:
``(6) may not intentionally target a person reasonably
believed to be located outside the United States if a
significant purpose of such acquisition is to acquire the
information of one or more particular, known covered persons,
unless--
``(A)(i) there is a reasonable belief that an
emergency exists involving an imminent threat of death
or serious bodily harm to such covered persons;
``(ii) the information is sought for the purpose of
assisting that covered persons; and
``(iii) not later than 14 days after the targeting,
a description of the targeting is provided to the
Foreign Intelligence Surveillance Court and the
appropriate committees of Congress; or
``(B) the covered persons have provided consent to
the targeting, or if such persons are incapable of
providing consent, a third party legally authorized to
consent on behalf of such covered person has provided
consent;'';
(2) in subsection (d)(1), by amending subparagraph (A) to
read as follows:
``(A) ensure that--
``(i) any acquisition authorized under
subsection (a) is limited to targeting persons
reasonably believed to be non-United States
persons located outside the United States; and
``(ii) except as provided in subsection
(b)(6), it is not a significant purpose of an
acquisition to acquire the information of one
or more particular, known covered persons;
and'';
(3) in subsection (h)(2)(A)(i), by amending subclause (I)
to read as follows:
``(I) ensure that--
``(aa) an acquisition
authorized under subsection (a)
is limited to targeting persons
reasonably believed to be non-
United States persons located
outside the United States; and
``(bb) except as provided
in subsection (b)(6), it is not
a significant purpose of an
acquisition to acquire the
information of one or more
particular, known covered
persons; and''; and
(4) in subsection (j)(2)(B), by amending clause (i) to read
as follows:
``(i) ensure that--
``(I) an acquisition authorized
under subsection (a) is limited to
targeting persons reasonably believed
to be non-United States persons located
outside the United States; and
``(II) except as provided in
subsection (b)(6), it is not a
significant purpose of an acquisition
to acquire the information of one or
more particular, known covered persons;
and''.
SEC. 104. DATA RETENTION LIMITS FOR INFORMATION COLLECTED UNDER SECTION
702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) In General.--Title VII of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881 et seq.) is amended by adding at the end
the following:
``SEC. 710. DATA RETENTION LIMITS.
``(a) Policy.--The Attorney General shall develop, and the heads of
the elements of the intelligence community shall implement, procedures
governing the retention of information collected pursuant to section
702.
``(b) Covered Information.--For purposes of this section, `covered
information' includes--
``(1) any information or communication pertaining to a
covered person, including an encrypted communication to or from
a covered person, that has been evaluated and is not
specifically known to contain foreign intelligence information;
and
``(2) any unevaluated information, unless it can reasonably
be determined that the unevaluated information does not
contain--
``(A) any information pertaining to a covered
person; or
``(B) any communication to or from a covered
person, regardless of whether such communication is
encrypted.
``(c) Requirements.--The procedures developed and implemented
pursuant to subsection (a) shall ensure, with respect to information
described in such subsection, that covered information shall be
destroyed within 5 years of collection unless the Attorney General
determines in writing that--
``(1) the information is the subject of a preservation
obligation in pending administrative, civil, or criminal
litigation, in which case the information shall be segregated,
retained, and used solely for that purpose and shall be
destroyed as soon as it is no longer required to be preserved
for such litigation; or
``(2) the information is being used in a proceeding or
investigation consistent with section 706(a).''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 709 the
following:
``Sec. 710. Data retention limits.''.
SEC. 105. FOREIGN INTELLIGENCE SURVEILLANCE COURT SUPERVISION OF
DEMANDS FOR TECHNICAL ASSISTANCE FROM ELECTRONIC
COMMUNICATION SERVICE PROVIDERS UNDER SECTION 702 OF THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 702(i)(1) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881a(i)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses 2 ems to
the right;
(2) in the matter before clause (i), as redesignated by
paragraph (1), by striking ``With respect to'' and inserting
the following:
``(A) In general.--Subject to subparagraph (B), in
carrying out''; and
(3) by adding at the end the following:
``(B) Limitations.--Neither the Attorney General
nor the Director of National Intelligence may direct
technical assistance from an electronic communication
service provider under subparagraph (A) without
demonstrating that the assistance sought--
``(i) is necessary;
``(ii) is narrowly tailored to the
surveillance at issue; and
``(iii) would not pose an undue burden on
the electronic communication service provider
or its customers who are not intended targets
of the surveillance.
``(C) Compliance.--An electronic communication
service provider is not obligated to comply with a
directive to provide technical assistance under this
paragraph unless--
``(i) such assistance is a manner or method
that has been explicitly approved by the Court;
and
``(ii) the Court issues an order, which has
been delivered to the provider, explicitly
describing the assistance to be furnished by
the provider that has been approved by the
Court.''.
SEC. 106. PROHIBITION ON WARRANTLESS ACQUISITION OF DOMESTIC
COMMUNICATIONS PURSUANT TO SECTION 702 OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 702 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a) is amended--
(1) in subsection (b)(4), by striking ``known at the time
of the acquisition'' and inserting ``known or believed at the
time of acquisition or communication'';
(2) in subsection (d)(1)(B), by striking ``known at the
time of the acquisition'' and inserting ``known or believed at
the time of acquisition or communication'';
(3) in subsection (h)(2)(A)(i)(II), by striking ``known at
the time of the acquisition'' and inserting ``known or believed
at the time of acquisition or communication''; and
(4) in subsection (j)(2)(B)(ii), by striking ``known at the
time of the acquisition'' and inserting ``known or believed at
the time of acquisition or communication''.
SEC. 107. REQUIREMENT OF PRIMARY FOREIGN INTELLIGENCE PURPOSE.
Section 702(h)(2)(A)(v) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881a(h)(2)(A)(v)) is amended by striking ``a
significant'' and inserting ``the primary''.
SEC. 108. REPORTS TO CONGRESS ON SENSITIVE QUERIES.
Section 702(f)(3)(D) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1881a(f)(3)(D)) is amended by adding at the end the
following:
``(vii) Reports to congress.--Not less
frequently than once each year, the Attorney
General shall submit to the appropriate
committees of Congress an annual report on the
number of sensitive queries made in the year
covered by the report, disaggregated by the
subclause of clause (ii) under which the
queries were approved.''.
SEC. 109. REPEAL OF EXPANDED DEFINITION OF ELECTRONIC COMMUNICATION
SERVICE PROVIDER.
(a) Definition With Respect to Additional Procedures Regarding
Certain Persons Outside the United States.--Section 701(b)(4) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)) is
amended--
(1) in subparagraph (F)--
(A) by striking ``custodian,''; and
(B) by striking ``(D), or (E)'' and inserting ``or
(D)'';
(2) by striking subparagraph (E);
(3) in subparagraph (D), by striking the semicolon and
inserting ``; or''; and
(4) by redesignating subparagraph (F) as subparagraph (E).
(b) Definition With Respect to Protection of Persons Assisting the
Government.--Section 801(6) of such Act (50 U.S.C. 1885(6)) is
amended--
(1) in subparagraph (G)--
(A) by striking ``custodian,''; and
(B) by striking ``(E), or (F)'' and inserting ``or
(E)'';
(2) by striking subparagraph (E);
(3) in subparagraph (F), by striking the semicolon and
inserting ``; or''; and
(4) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively.
(c) Treatment of Certain Section 702 Directives.--Any directive
issued pursuant to section 702(i) of such Act (50 U.S.C. 1881a(i)) to a
person who was considered an electronic communication service provider
pursuant to section 701(b)(4) of such Act (50 U.S.C. 1881(b)(4)) as
such section was in effect during the period beginning on April 20,
2024, and ending on the date of the enactment of this Act, but is not
an electronic communication service provider pursuant to such section
as in effect after the date of the enactment of this Act, shall be
considered null and void.
SEC. 110. REPEAL OF EXPANDED QUERYING REQUIREMENTS FOR PERSONS
TRAVELING TO THE UNITED STATES.
Section 702(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a(f)), as amended by section 101, is further amended--
(1) by striking paragraph (6); and
(2) by redesignating paragraph (7), as added by section
101, as paragraph (6).
SEC. 111. FOUR-YEAR EXTENSION OF SECTION 702 OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Extension.--Section 403(b) of the FISA Amendments Act of 2008
(Public Law 110-261) is amended--
(1) in paragraph (1) (50 U.S.C. 1881-1881g note)--
(A) by striking ``effective two years after the
date of enactment of the Reforming Intelligence and
Securing America Act'' and inserting ``effective April
20, 2030''; and
(B) by striking ``and the Reforming Intelligence
and Securing America Act'' and inserting ``, the
Reforming Intelligence and Securing America Act, and
the Government Surveillance Reform Act of 2026''; and
(2) in paragraph (2) (18 U.S.C. 2511 note), in the matter
preceding subparagraph (A), by striking ``two years after the
date of enactment of the Reforming Intelligence and Securing
America Act'' and inserting ``April 20, 2030''.
(b) Conforming Amendments.--Section 404(b) of the FISA Amendments
Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 note) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``two
years after the date of enactment of the reforming
intelligence and securing america act'' and inserting
``April 20, 2030''; and
(B) by striking ``and the Reforming Intelligence
and Securing America Act'' and inserting ``, the
Reforming Intelligence and Securing America Act, and
the Government Surveillance Reform Act of 2026''; and
(2) in paragraph (2), in the matter before subparagraph
(A), by striking ``and the Reforming Intelligence and Securing
America Act'' and inserting ``, the Reforming Intelligence and
Securing America Act, and the Government Surveillance Reform
Act of 2026''.
TITLE II--FOURTH AMENDMENT IS NOT FOR SALE ACT
SEC. 201. PROHIBITION ON FEDERAL LAW ENFORCEMENT PURCHASE OF PERSONAL
DATA FROM DATA BROKERS.
Section 2702 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Prohibition on Obtaining in Exchange for Anything of Value
Personal Data by Federal Law Enforcement Agencies.--
``(1) Definitions.--In this subsection and subsections (f)
and (g)--
``(A) the term `biometric information'--
``(i) means any covered personal data that
allows or confirms the unique identification or
verification of an individual and is generated
from the measurement or processing of unique
biological, physical, or physiological
characteristics, including--
``(I) fingerprints;
``(II) voice prints;
``(III) iris or retina imagery
scans;
``(IV) facial or hand mapping,
geometry, or templates; and
``(V) gait; and
``(ii) does not include--
``(I) a digital or physical
photograph;
``(II) an audio or video recording;
or
``(III) data derived from a digital
or physical photograph or an audio or
video recording that cannot be used to
identify or authenticate a specific
individual;
``(B) the term `covered organization' means a
person who--
``(i) is not a governmental entity; and
``(ii) is not an individual, unless such
individual is an agent of, or otherwise acting
on behalf of, a person who is not a
governmental entity and is not an individual;
``(C) the term `covered person' means an individual
who--
``(i) is reasonably believed to be located
inside the United States at the time of the
creation of the covered personal data; or
``(ii) is a United States person, as
defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1801);
``(D) the term `covered personal data' means
personal data relating to a covered person;
``(E) the term `electronic device' has the meaning
given the term `computer' in section 1030(e);
``(F) the term `Federal law enforcement agency'
means a law enforcement agency of a department or
agency of the United States;
``(G) the term `lawfully obtained public data'
means covered personal data obtained by a particular
covered organization--
``(i) that the covered organization
reasonably understood to have been voluntarily
made available to the general public by the
covered person;
``(ii) that the covered organization
obtained in compliance with all applicable laws
and regulations; and
``(iii) if the covered organization did not
initially obtain the covered personal data
after the covered personal data was made
available to the general public--
``(I) that the covered organization
reasonably understood to have been
obtained in compliance with all
applicable laws and regulations by--
``(aa) the person that
initially obtained the covered
personal data; and
``(bb) if the covered
organization did not obtain the
covered personal data from the
person described in item (aa),
each other person in the
sequence of transfers of the
covered personal data leading
up to the obtaining of the
covered personal data by the
covered organization; and
``(II) with respect to which the
covered organization receives an
attestation under penalty of perjury--
``(aa) by the person that
initially obtained the covered
personal data indicating that
the covered personal data was
voluntarily made available to
the general public by the
covered person and was obtained
in compliance with all
applicable laws and
regulations; and
``(bb) if the covered
organization did not obtain the
covered personal data from the
person described in item (aa),
by each other person in the
sequence of transfers of the
covered personal data leading
up to the obtaining of the
covered personal data by the
covered organization indicating
that such person reasonably
understood the data to have
been lawfully obtained public
data;
``(H) the term `obtain in exchange for anything of
value' means to obtain by purchasing, to receive in
connection with services being provided for monetary or
nonmonetary consideration, or to otherwise obtain in
exchange for consideration, including an access fee,
service fee, maintenance fee, or licensing fee;
``(I) the term `personal data'--
``(i) means data, derived data, or any
unique identifier that is linked to, or is
reasonably linkable to, an individual or to an
electronic device that is linked to, or is
reasonably linkable to, 1 or more individuals
in a household;
``(ii) includes anonymized data that, if
combined with other data, can be linked to, or
is reasonably linkable to, an individual or to
an electronic device that identifies, is linked
to, or is reasonably linkable to 1 or more
individuals in a household; and
``(iii) does not include data that is
lawfully available through Federal, State, or
local government records or through widely
distributed media; and
``(J) the term `State or local law enforcement
agency' means a law enforcement department or agency of
a State, or a political subdivision of a State.
``(2) Limitation.--
``(A) In general.--
``(i) Prohibition.--Subject to clauses (ii)
through (vii), a Federal law enforcement agency
may not obtain in exchange for anything of
value covered personal data if--
``(I) the covered personal data is
directly or indirectly obtained from a
covered organization; or
``(II) the covered personal data is
derived from covered personal data that
was directly or indirectly obtained
from a covered organization.
``(ii) Exception for certain compilations
of data.--A Federal law enforcement agency may
obtain in exchange for something of value
covered personal data as part of a larger
compilation of data which includes personal
data about persons who are not covered persons,
if--
``(I) the Federal law enforcement
agency is unable through reasonable
means to exclude covered personal data
from the larger compilation obtained;
and
``(II) the Federal law enforcement
agency minimizes any covered personal
data from the larger compilation, in
accordance with the requirements
described in, and the procedures
established under, subsection (f).
``(iii) Exception for whistleblower
disclosures to law enforcement.--Clause (i)
shall not apply to covered personal data that
is obtained by a Federal law enforcement agency
under a program established by an Act of
Congress under which a portion of a penalty or
a similar payment or bounty is paid to an
individual who discloses information about an
unlawful activity to the Government, such as
the program authorized under section 7623 of
the Internal Revenue Code of 1986 (relating to
awards to whistleblowers in cases of
underpayments or fraud).
``(iv) Exception for cost reimbursement
under compulsory legal process.--Clause (i)
shall not apply to covered personal data that
is obtained by a Federal law enforcement agency
from a covered organization in accordance with
compulsory legal process that--
``(I) is established by statute;
and
``(II) provides for the
reimbursement of costs of the covered
organization that are incurred in
connection with providing the record or
information to the Federal law
enforcement agency, such as the
reimbursement of costs under section
2706.
``(v) Exception for employment-related
use.--Clause (i) shall not apply to covered
personal data about an employee of, or
applicant for employment by, a Federal law
enforcement agency that is--
``(I) obtained by the Federal law
enforcement agency for lawful
employment-related purposes;
``(II) accessed and used by the
Federal law enforcement agency only for
such employment-related purposes; and
``(III) destroyed at such time as
the covered personal data is no longer
needed for employment-related purposes.
``(vi) Exception for use in background
checks.--Clause (i) shall not apply to covered
personal data about a covered person that is--
``(I) obtained by a Federal law
enforcement agency for purposes of
conducting a background check of the
covered person with the written consent
of the covered person;
``(II) accessed and used by the
Federal law enforcement agency only for
background check-related purposes; and
``(III) destroyed at such time as
the covered personal data is no longer
needed for background check-related
purposes.
``(vii) Exception for lawfully obtained
public data.--
``(I) In general.--Except as
provided in subclause (II) or (III) of
this clause, clause (i) shall not apply
to covered personal data that is
obtained by a Federal law enforcement
agency if--
``(aa) the Federal law
enforcement agency reasonably
believes that--
``(AA) the covered
personal data is
lawfully obtained
public data; or
``(BB) the covered
personal data is
derived from covered
personal data that
solely consists of
lawfully obtained
public data; and
``(bb) the Federal law
enforcement agency receives--
``(AA) an
attestation under
penalty of perjury from
the person providing
the covered personal
data that the covered
personal data is
lawfully obtained
public data or is
derived from covered
personal data that
solely consists of
lawfully obtained
public data; and
``(BB) each
attestation described
in paragraph
(1)(G)(iii) with
respect to the lawfully
obtained public data.
``(II) Exception for biometric
information.--The exception under
subclause (I) shall not apply to
biometric information.
``(III) Exception for location
information.--The exception under
subclause (I) shall not apply to
location information.
``(B) Indirectly acquired records and
information.--The limitation under subparagraph (A)
shall apply without regard to whether the covered
organization possessing the covered personal data is
the covered organization that initially obtained,
collected, or received the disclosure of the covered
personal data.
``(3) Limit on sharing between agencies.--
``(A) In general.---A Federal law enforcement
agency may not acquire, receive, query, or otherwise
obtain or access covered personal data from any
governmental entity (without regard to whether the
governmental entity is a Federal entity), if the
covered personal data was obtained by that governmental
entity in a manner that would violate paragraph (2) if
the Federal law enforcement agency directly obtained
the covered personal data in a like manner.
``(B) Causation not required.---The prohibition in
subparagraph (A) shall apply without regard to whether
the Federal law enforcement agency caused the
governmental entity to obtain the covered personal
data.
``(C) Attestation required.---A Federal law
enforcement agency may only acquire, receive, query, or
otherwise obtain or access covered personal data from
another governmental entity (without regard to whether
the governmental entity is a Federal entity), if the
Federal law enforcement agency obtains an attestation
that the covered personal data was not obtained by that
governmental entity in a manner that would violate
paragraph (2) if the Federal law enforcement agency
directly obtained the covered personal data in a like
manner.
``(D) Destruction upon acquisition of knowledge.---
If a Federal law enforcement agency learns that the
Federal law enforcement agency previously acquired,
received, queried, or otherwise obtained or accessed
covered personal data from any governmental entity
(without regard to whether the governmental entity is a
Federal entity) that the governmental entity obtained
in a manner described in subparagraph (A), the Federal
law enforcement agency may not use or disseminate the
covered personal data or any information derived from
the covered personal data, and shall promptly destroy
any such covered personal data that is still retained.
``(4) Prohibition on use as evidence by federal law
enforcement agencies.--
``(A) In general.--Covered personal data acquired,
received, queried, or otherwise obtained or accessed by
a Federal law enforcement agency in violation of
paragraph (2) or (3), and any evidence derived
therefrom, may not be used, received in evidence, or
otherwise disseminated by, on behalf of, or upon a
motion or other action by a Federal law enforcement
agency in any investigation, trial, hearing, or other
proceeding by, in, or before any court, grand jury,
department, officer, agency, regulatory body,
legislative committee, or other authority of the United
States, a State, or a political subdivision thereof.
``(B) Use by aggrieved parties.--Nothing in
subparagraph (A) shall be construed to limit the use of
covered personal data by a covered person aggrieved of
a violation of paragraph (2) or (3) in connection with
any action relating to such a violation.
``(f) Minimization Procedures.--
``(1) Adoption.--
``(A) In general.--The Attorney General shall adopt
specific procedures that are reasonably designed to
minimize the acquisition and retention, and to restrict
the querying, of covered personal data, and prohibit
the dissemination of information derived from covered
personal data, which shall include procedures to
enforce the requirements of paragraphs (2), (3), and
(4).
``(B) Periodic review.--Not later than 3 years
after the date of enactment of the Government
Surveillance Reform Act of 2026, and every 3 years
thereafter, the Attorney General shall--
``(i) review the procedures adopted under
subparagraph (A);
``(ii) publish a determination regarding
whether the procedures need to be revised, in
light of new technologies or violations of the
procedures; and
``(iii) adopt any necessary revisions to
the procedures.
``(2) Acquisition and retention.--Each Federal law
enforcement agency shall--
``(A) exhaust all reasonable means--
``(i) to exclude covered personal data that
is not subject to 1 or more of the exceptions
set forth in clauses (iii) through (vii) of
subsection (e)(2)(A) from the data obtained;
and
``(ii) to remove and delete covered
personal data described in clause (i) after a
compilation is obtained and before operational
use of the compilation or inclusion of the
compilation in a dataset intended for
operational use; and
``(B) audit the acquisition and retention of
covered personal data by the Federal law enforcement
agency on an ongoing and continuous basis, to evaluate
compliance with the procedures adopted under paragraph
(1).
``(3) Destruction.--If a Federal law enforcement agency
identifies covered personal data in a compilation described in
paragraph (2)(A)(ii), the Federal law enforcement agency shall
promptly destroy the covered personal data and any
dissemination of information derived from the covered personal
data shall be prohibited.
``(4) Querying.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no officer or employee of a
Federal law enforcement agency may conduct a query of
personal data, including personal data already
subjected to minimization, in an effort to find records
of or about 1 or more particular covered persons.
``(B) Exceptions.--Subparagraph (A) shall not apply
to a query related to 1 or more particular covered
persons if--
``(i) such covered persons are the subject
of a court order issued under this title or the
Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) that would authorize
the Federal law enforcement agency to compel
the production of the covered personal data,
during the effective period of that order;
``(ii) the officer or employee of a Federal
law enforcement agency carrying out the query
has a reasonable belief that the life or safety
of such covered persons are threatened and the
information is sought for the purpose of
assisting such covered persons, in which case
information resulting from the query may be
accessed or used solely for that purpose and
shall be destroyed at such time as it is no
longer necessary for such purpose; or
``(iii) such covered persons have consented
to the query.
``(C) Special rule for compilations of data.--For a
query of a compilation of data obtained under
subsection (e)(2)(A)(ii)--
``(i) each query shall be reasonably
designed to exclude personal data of covered
persons; and
``(ii) any personal data of covered persons
returned pursuant to a query shall not be
reviewed and shall immediately be destroyed.
``(g) Transparency Requirements.--
``(1) Definition of covered federal funds.--In this
subsection, the term `covered Federal funds' means--
``(A) funds provided under the Edward Byrne
Memorial Justice Assistance Grant Program under subpart
1 of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.);
``(B) funds provided through the Office of
Community Oriented Policing Services;
``(C) funds received under an in-kind grant made
under section 2576 of title 10;
``(D) funds received under an in-kind grant made
via a transfer made under section 981 of this title; or
``(E) funds received under any other Federal
program that offers assistance to a law enforcement
agency similar to the assistance under the programs
described in subparagraphs (A) through (D).
``(2) Reporting.--If a State or local law enforcement
agency, using any means or facility of interstate or foreign
commerce, through activities in or affecting interstate or
foreign commerce, or by using covered Federal funds, obtains
covered personal data in a manner that would violate subsection
(e)(2) if obtained by a Federal law enforcement agency in a
like manner, the State or local law enforcement agency shall
publicly report, not less frequently than once per year--
``(A) the total amount in dollars of anything of
value exchanged for such covered personal data during
the preceding year, which shall be disaggregated into
money directly exchanged and the estimated value of the
other things of value that were exchanged;
``(B) the categories of covered personal data
obtained in such a manner in the preceding year,
including whether the agency obtained location
information, biometric information, web browsing data,
or metadata of communications; and
``(C) an estimate of the total number of covered
persons whose covered data was obtained in such a
manner in the preceding year.''.
TITLE III--ADDITIONAL REFORMS RELATING TO ACTIVITIES UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978
SEC. 301. COURT SUPERVISION OF COLLECTION TARGETING UNITED STATES
PERSONS AND PERSONS LOCATED INSIDE THE UNITED STATES.
(a) In General.--Title VII of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881 et seq.) is amended--
(1) by striking sections 703, 704, and 705 (50 U.S.C.
1881b, 1881c, and 1881d); and
(2) by inserting after section 702 (50 U.S.C. 1881a) the
following:
``SEC. 703. ACQUISITIONS TARGETING UNITED STATES PERSONS AND PERSONS
LOCATED INSIDE THE UNITED STATES.
``(a) Warrant Requirement.--No officer or employee of the Federal
Government may intentionally target a covered person for the purpose of
acquiring foreign intelligence information, where such acquisition
would be of communications content, location information, web browsing
history, or internet search history of the covered person, or the
acquisition would occur under circumstances in which the person has a
reasonable expectation of privacy, or a warrant would be required for
the acquisition of such information if the officer or employee sought
to compel production of the information inside the United States for
law enforcement purposes, unless such person is the subject of--
``(1) an order or emergency authorization under section 105
or 304 of this Act covering the period of the acquisition and
the acquisition is subject to the use, dissemination, querying,
retention, and other minimization limitations required by such
order or authorization; or
``(2) a warrant issued pursuant to the Federal Rules of
Criminal Procedure by a court of competent jurisdiction
covering the period of the acquisition and the acquisition is
subject to the use, dissemination, querying, retention, and
other minimization limitations required by such warrant.
``(b) Pen Register or Trap and Trace.--No officer or employee of
the Federal Government may intentionally target a covered person for
the purpose of collecting foreign intelligence information through the
installation and use of a pen register or trap and trace device, or to
acquire information the compelled production of which would require a
pen register or trap and trace device order if conducted inside the
United States, unless such person is the subject of--
``(1) an order or emergency authorization under title IV of
this Act covering the period of the acquisition and the
acquisition is subject to the use, dissemination, querying,
retention, and other minimization limitations required by such
authorization; or
``(2) an order has been issued pursuant to section 3123 of
title 18, United States Code, by a court of competent
jurisdiction covering the period of the acquisition.
``(c) Matters Relating to Emergency Acquisition.--If an acquisition
is conducted pursuant to an emergency authorization described in
subsection (a)(1) or (b)(1) and the subsequent application to authorize
electronic surveillance, a physical search, an acquisition, or the
installation and use of a pen register or trap and trace device
pursuant to section 105(e), 304(e), or 403(a) of this Act is denied, or
in any other case in which the acquisition has been conducted and no
order is issued approving the acquisition--
``(1) no information obtained or evidence derived from such
acquisition may be used, received in evidence, or otherwise
disseminated in any investigation, trial, hearing, or other
proceeding in or before any court, grand jury, department,
office, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or political
subdivision thereof; and
``(2) no information obtained or evidence derived from such
acquisition concerning a covered person may subsequently be
used or disclosed in any other manner without the consent of
such person, except with the approval of the Attorney General,
if the information indicates a threat of death or serious
bodily harm to any person.
``(d) Rule of Construction.--Subsections (a), (b), and (c) shall
apply regardless of the location of the acquisition.''.
(b) Conforming Amendments.--The Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) is further amended--
(1) in section 601(a)(1) (50 U.S.C. 1871(a)(1))--
(A) by striking subparagraphs (D) through (F); and
(B) in subparagraph (B), by striking the semicolon
and inserting ``; and'';
(2) in section 603(b)(1) (50 U.S.C. 1873(b)(1)), in the
matter before subparagraph (A), by striking ``and sections 703
and 704''; and
(3) in section 706 (50 U.S.C. 1881e), by striking
subsection (b).
(c) Clerical Amendment.--The table of contents for such Act is
amended--
(1) by striking the items relating to sections 703, 704,
and 705; and
(2) by inserting after the item relating to section 702 the
following:
``Sec. 703. Acquisitions targeting United States persons and persons
located inside the United States.''.
SEC. 302. CONSISTENT DISCLOSURES OF RELEVANT INFORMATION IN TITLE V AND
OTHER FISA APPLICATIONS.
(a) Consistent Procedures for Title V and Other FISA
Applications.--The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) is amended in section 104(a)(12), in the matter
before subparagraph (A), section 303(a)(10), in the matter before
subparagraph (A), and section 402(c)(4), in the matter before
subparagraph (A), are amended by inserting ``, and that the application
fairly reflects all information,'' after ``apprised of all
information'' each place it appears.
(b) Technical Corrections.--Such Act is further amended--
(1) in section 104(a)--
(A) in paragraph (9), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (11), by striking ``; and'' and
inserting a semicolon; and
(C) in paragraph (12)(B), by striking the period at
the end and inserting ``; and'';
(2) in section 303(a)--
(A) in paragraph (9), by striking ``; and'' and
inserting a semicolon; and
(B) in paragraph (10)(B), by striking the period at
the end and inserting ``; and''; and
(3) in section 502(b)(2), by redesignating subparagraphs
(E) and (F) as subparagraphs (C) and (D), respectively.
SEC. 303. STRENGTHENING ACCURACY PROCEDURES.
(a) In General.--The Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended by adding at the end the following:
``TITLE IX--REQUIRED DISCLOSURE OF RELEVANT INFORMATION
``SEC. 901. CERTIFICATION REGARDING ACCURACY PROCEDURES.
``(a) Definition of Accuracy Procedures.--In this section, the term
`accuracy procedures' means specific procedures, adopted by the
Attorney General, to ensure that an application for a court order under
this Act, including any application for renewal of an existing order,
is accurate and complete, including procedures that ensure, at a
minimum, that--
``(1) the application reflects all information that might
reasonably call into question the accuracy of the information
or the reasonableness of any assessment in the application, or
otherwise raises doubts about the requested findings;
``(2) the application reflects all material information
that might reasonably call into question the reliability and
reporting of any information from a confidential human source
that is used in the application;
``(3) a complete file documenting each factual assertion in
an application is maintained;
``(4) the applicant coordinates with the appropriate
elements of the intelligence community (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003)),
concerning any prior or existing relationship with the target
of any surveillance, search, or other means of investigation,
and discloses any such relationship in the application;
``(5) before any application targeting a United States
person is made, the applicant Federal officer or employee
documents that the officer or employee has collected and
reviewed for accuracy and completeness supporting documentation
for each factual assertion in the application; and
``(6) the applicant Federal agency establishes compliance
and auditing mechanisms on an annual basis to assess the
efficacy of the accuracy procedures that have been adopted and
reports such findings to the Attorney General.
``(b) Statement and Certification of Accuracy Procedures.--Any
Federal officer or employee making an application for a court order
under this Act shall include with the application--
``(1) a description of the accuracy procedures employed by
the officer or employee, or their designee; and
``(2) a certification that the officer or employee, or
their designee, has collected and reviewed for accuracy and
completeness--
``(A) supporting documentation for each factual
assertion contained in the application;
``(B) all information that might reasonably call
into question the accuracy of the information or the
reasonableness of any assessment in the application, or
otherwise raises doubts about the requested findings;
and
``(C) all material information that might
reasonably call into question the reliability and
reporting of any information from any confidential
human source that is used in the application.
``(c) Necessary Finding for Court Orders.--A judge may not enter an
order under this Act unless the judge finds, in addition to any other
findings required under this Act, that the accuracy procedures
described in the application for the order, as required under
subsection (b)(1), are actually accuracy procedures as defined in this
section.''.
(b) Clerical Amendment.--The table of contents of the Foreign
Intelligence Surveillance Act of 1978 is amended by adding at the end
the following:
``TITLE IX--REQUIRED DISCLOSURE OF RELEVANT INFORMATION
``901. Certification regarding accuracy procedures.''.
(c) Timeline To Adopt New Accuracy Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall issue
accuracy procedures (as defined in section 901(a) of the
Foreign Intelligence Surveillance Act of 1978, as added by
subsection (a)).
(2) Repeal of accuracy procedures requirement from risaa.--
On the day that is 180 days after the date of the enactment of
this Act, paragraph (7) of section 10(a) of the Reforming
Intelligence and Securing America Act (Public Law 118-49; 50
U.S.C. 1804 note) is repealed.
SEC. 304. CLARIFICATION REGARDING TREATMENT OF INFORMATION AND EVIDENCE
ACQUIRED UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978.
(a) In General.--Section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801), as amended by section 2(a),
is further amended by adding at the end the following:
``(t) For the purposes of notification provisions of this Act,
information or evidence is `derived' from an electronic surveillance,
physical search, use of a pen register or trap and trace device,
production of tangible things, or acquisition under this Act when the
Government would not have originally possessed the information or
evidence but for that electronic surveillance, physical search, use of
a pen register or trap and trace device, production of tangible things,
or acquisition, and regardless of any claim that the information or
evidence is attenuated from the surveillance or search, would
inevitably have been discovered, or was subsequently reobtained through
other means.''.
(b) Policies and Guidance.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General and the
Director of National Intelligence shall publish the following:
(A) Policies concerning the application of
subsection (t) of section 101 of such Act, as added by
subsection (a).
(B) Guidance for all members of the intelligence
community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) and all Federal
agencies with law enforcement responsibilities
concerning the application of such subsection (t).
(2) Modifications.--Whenever the Attorney General and the
Director modify a policy or guidance published under paragraph
(1), the Attorney General and the Director shall publish such
modifications.
SEC. 305. SUNSET ON GRANDFATHER CLAUSE OF SECTION 215 OF THE USA
PATRIOT ACT.
Section 102(b)(2) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note)
is amended by inserting ``, except that title V of the Foreign
Intelligence Surveillance Act of 1978, as in effect on March 14, 2020,
shall cease to have effect on the date that is 180 days after the date
of the enactment of the Government Surveillance Reform Act of 2026''
after ``continue in effect''.
SEC. 306. WRITTEN RECORD OF DEPARTMENT OF JUSTICE INTERACTIONS WITH
FOREIGN INTELLIGENCE SURVEILLANCE COURT.
Section 103 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803) is amended by adding at the end the following:
``(n) Written Record of Interactions.--
``(1) Written communications.--The Attorney General shall
maintain all written communications with the Foreign
Intelligence Surveillance Court, including the identity of the
employees of the court to or from whom the communications were
made, regarding an application or order made under this title
in a file associated with the application or order.
``(2) Oral communications.--The Attorney General shall--
``(A) document a summary of any oral communications
with the Foreign Intelligence Surveillance Court
including the identity of the employees of the court to
or from whom the communications were made, relating to
an application or order described in paragraph (1); and
``(B) keep such documentation in a file associated
with the application or order.''.
SEC. 307. APPOINTMENT OF AMICI CURIAE AND ACCESS TO INFORMATION.
(a) Expansion of Appointment Authority.--
(1) In general.--Section 103(i)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)) is
amended--
(A) in subparagraph (A)--
(i) by striking clause (i) and inserting
the following:
``(i) shall appoint one or more individuals
who have been designated under paragraph (1)
and who possesses expertise in privacy and
civil liberties to serve as amicus curiae to
assist such court in the consideration of any
application or motion for an order or review,
unless the court issues a written finding that
such application neither presents nor
involves--
``(I) a novel or significant
interpretation of the law;
``(II) a significant concern
related to constitutional rights;
``(III) a sensitive investigative
matter;
``(IV) a request for approval of a
new program, a new technology, or a new
use of existing technology;
``(V) a request for reauthorization
of programmatic surveillance; or
``(VI) any other privacy or civil
liberties issue for which an
appointment of an amicus curiae to
assist the court in the consideration
of the application would be
appropriate;'';
(ii) in clause (ii), by striking ``; and''
and inserting a period;
(iii) by redesignating clause (ii) as
clause (iv) and moving such clause so as to
appear after clause (iii);
(iv) by inserting after clause (i) the
following:
``(ii) shall appoint one or more
individuals who have been designated under
paragraph (1) and who possesses technical
expertise to serve as amicus curiae to assist
such court in the consideration of any
application for an order or review, unless the
court issues a written finding that such
application neither presents nor involves--
``(I) a request for approval of a
new program, a new technology, or a new
use of existing technology;
``(II) a request for approval of a
previously authorized program,
technology, or use of existing
technology for which no prior
application for approval of such
program, technology, or use was
considered by the court with the
assistance of an amicus curiae who
possesses technical expertise; or
``(III) a technical issue material
to any legal determination for which an
appointment of an amicus curiae who
possesses technical expertise to assist
the court in the consideration of the
application would be appropriate;'';
and
(v) in clause (iii), by striking ``, unless
the court issues a finding that such
appointment is not appropriate or is likely to
result in undue delay.'' and inserting ``;
and''; and
(B) by striking subparagraph (B).
(2) Definition of sensitive investigative matter.--Section
103(i) of such Act (50 U.S.C. 1803(i)) is amended by adding at
the end the following:
``(12) Definition of sensitive investigative matter.--In
this subsection, the term `sensitive investigative matter'
means--
``(A) an investigative matter involving the
activities of--
``(i) a domestic public official or
political candidate, or an individual serving
on the staff of such an official or candidate;
``(ii) a domestic religious or political
organization, or a known or suspected United
States person prominent in such an
organization; or
``(iii) the domestic news media; or
``(B) any other investigative matter involving a
domestic entity or a known or suspected United States
person that, in the judgment of the Foreign
Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review, is similarly
as sensitive as an investigative matter described in
subparagraph (A).''.
(3) Qualifications.--Section 103(i)(3)(A) of such Act (50
U.S.C. 1803(i)(3)(A)) is amended--
(A) by inserting ``cybersecurity, cryptography,''
after ``communications technology,''; and
(B) by adding at the end the following: ``Of such
individuals, at least one shall possess legal expertise
and at least one shall possess technical expertise.''.
(4) Notification.--Section 103(i) of such Act (50 U.S.C.
1803(i)) is amended by striking paragraph (7) and inserting the
following:
``(7) Notification.--The presiding judge of the Foreign
Intelligence Surveillance Court and the Foreign Intelligence
Surveillance Court or Review shall, not less frequently than
quarterly, provide to the Attorney General and the appropriate
committees of Congress--
``(A) a notification of each appointment of an
individual to serve as amicus curiae under paragraph
(2); and
``(B) a copy of each written finding issued under
paragraph (2).''.
(5) Section 702 recertification schedule.--Section
702(j)(5)(A) of such Act (50 U.S.C. 1881a(j)(5)(A)) is amended
by striking ``at least 30 days prior to the expiration of such
authorization'' and inserting ``such number of days, not less
than 30 days, before the expiration of such authorization as
the Court considers necessary to permit review by amici curiae
appointed under section 103(i)(2)(A)(iii).''.
(b) Authority To Seek Review.--Section 103(i) of such Act (50
U.S.C. 1803(i)), as amended by subsection (a), is further amended--
(1) in paragraph (4)--
(A) in the paragraph heading, by inserting ``;
authority'' after ``Duties'';
(B) in the matter preceding subparagraph (A), by
striking ``shall'';
(C) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``shall'' before ``provide'';
(ii) in clause (i), by striking ``of United
States persons'' and inserting the following:
``, including legal arguments regarding any
privacy or civil liberties interest of any
United States person that would be
significantly affected by the application or
motion''; and
(iii) in clause (iii), by striking the
period at the end and inserting ``; and'';
(D) by striking subparagraph (A);
(E) by redesignating subparagraph (B) as
subparagraph (A); and
(F) by adding at the end the following:
``(B) may seek leave to raise any novel or
significant privacy or civil liberties issue relevant
to the application or motion or other issue directly
affecting the legality of the proposed electronic
surveillance with the court, regardless of whether the
court has requested assistance on that issue.'';
(2) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) Authority to seek review of decisions.--
``(A) Foreign intelligence surveillance court
decisions.--
``(i) Petition.--Following issuance of an
order under this Act by the Foreign
Intelligence Surveillance Court, an amicus
curiae appointed under paragraph (2) may
petition the Foreign Intelligence Surveillance
Court to certify for review to the Foreign
Intelligence Surveillance Court of Review a
question of law pursuant to subsection (j).
``(ii) Denials.--If the Foreign
Intelligence Surveillance Court denies a
petition described in clause (i), the court
shall provide for the record a written
statement of the reasons for such denial.
``(iii) Certification.--Upon certification
of any question of law pursuant to this
subparagraph, the Foreign Intelligence
Surveillance Court of Review shall appoint the
amicus curiae to assist the Court of Review in
its consideration of the certified question,
unless the Court of Review issues a finding
that such appointment is not appropriate.
``(B) Foreign intelligence surveillance court of
review decisions.--An amicus curiae appointed under
paragraph (2) may petition the Foreign Intelligence
Surveillance Court of Review to certify for review to
the Supreme Court of the United States any question of
law pursuant to section 1254(2) of title 28, United
States Code.
``(C) Declassification of referrals.--For purposes
of section 602, a petition filed under subparagraph (A)
or (B) of this paragraph and all of its content shall
be considered a decision, order, or opinion issued by
the Foreign Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court of Review
described in paragraph (2) of section 602(a).''.
(c) Access to Information.--
(1) Application and materials.--Section 103(i)(6) of such
Act (50 U.S.C. 1803(i)(6)) is amended--
(A) in subparagraph (A), by striking clauses (i)
and (ii) and inserting the following:
``(i) shall have access to, to the extent
such information is available to the
Government--
``(I) the application,
certification, petition, motion, and
other information and supporting
materials, including any information
described in section 901, submitted to
the Foreign Intelligence Surveillance
Court in connection with the matter in
which the amicus curiae has been
appointed, including access to any
relevant legal precedent (including any
such precedent that is cited by the
Government, including in such an
application);
``(II) any other information or
materials that the court determines is
relevant to the duties of the amicus
curiae; and
``(III) an unredacted copy of each
relevant decision made by the Foreign
Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court
of Review in which the court decides a
question of law, without regard to
whether the decision is classified; and
``(ii) may make a submission to the court
requesting access to any other particular
materials or information (or category of
materials or information) that the amicus
curiae believes to be relevant to the duties of
the amicus curiae.'';
(B) by redesignating subparagraph (D) as
subparagraph (F); and
(C) by inserting after subparagraph (C) the
following:
``(D) Supporting documentation regarding
accuracy.--The Foreign Intelligence Surveillance Court,
upon the motion of an amicus curiae appointed under
paragraph (2) or upon its own motion, may require the
Government to make available the supporting
documentation described in section 902.''.
(2) Clarification of access to certain information.--
Section 103(i)(6) of such Act (50 U.S.C. 1803(i)(6)) is
amended--
(A) in subparagraph (B), by striking ``The Attorney
General may periodically'' and inserting ``Not less
frequently than annually, the Attorney General shall'';
and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Classified information.--An amicus curiae
appointed by the court shall have access to, to the
extent such information is available to the Government,
unredacted copies of each opinion, order, transcript,
pleading, or other document of the Foreign Intelligence
Surveillance Court and the Foreign Intelligence
Surveillance Court of Review, including, if the
individual is eligible for access to classified
information, any classified documents, information, and
other materials or proceedings.''.
(3) Consultation among amici curiae.--Section 103(i)(6) of
such Act (50 U.S.C. 1803(i)(6)), as amended by paragraphs (1)
and (2), is further amended--
(A) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (C), (D), and (E), respectively;
and
(B) by inserting after subparagraph (A) the
following:
``(B) Consultation.--If the Foreign Intelligence
Surveillance Court or the Foreign Intelligence
Surveillance Court of Review determines that it is
relevant to the duties of an amicus curiae appointed
under paragraph (2), the amicus curiae may consult with
one or more of the other individuals designated to
serve as amicus curiae under paragraph (1) regarding
any of the information relevant to any assigned
proceeding.''.
SEC. 308. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND
OPINIONS.
Section 602 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1872) is amended by striking subsection (a) and inserting
the following:
``(a) Declassification Required.--
``(1) In general.--Subject to subsection (b), the Director
of National Intelligence, in consultation with the Attorney
General, shall--
``(A) conduct a declassification review of each
decision, order, or opinion issued by the Foreign
Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review (as defined
in section 601(e)) that is described in paragraph (2);
``(B) consistent with that review, make publicly
available to the greatest extent practicable each such
decision, order, or opinion; and
``(C) complete the declassification review required
by subparagraph (A) and public release of each such
decision, order, or opinion pursuant to subparagraph
(B) by not later than 180 days after the date on which
the Foreign Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court of Review
issues such decision, order, or opinion.
``(2) Decision, order, or opinion described.--A decision,
order, or opinion issued by the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance
Court of Review that is described in this paragraph is any such
decision, order, or opinion issued before, on, or after the
date of the enactment of this Act that--
``(A) includes a significant construction or
interpretation of any provision of law, including any
novel or significant construction or interpretation of
any term;
``(B) involves a sensitive investigative matter (as
defined in section 103(i)(12)); or
``(C) has been nominated for a declassification
review by an amicus curiae appointed by the court.''.
SEC. 309. CLARIFICATION OF FOREIGN INTELLIGENCE SURVEILLANCE COURT
JURISDICTION OVER RECORDS OF THE COURT AND OTHER
ANCILLARY MATTERS.
(a) In General.--Section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803), as amended by sections 206
and 207, is further amended--
(1) by adding at the end the following:
``(o) Ancillary Claims.--
``(1) Foreign intelligence surveillance court.--The Foreign
Intelligence Surveillance Court shall have jurisdiction to hear
claims ancillary to any of its own proceedings, including
jurisdiction to hear any claim for access to the court's
records, files, and proceedings under the Constitution of the
United States, statute, common law, or any other authority.
Upon deciding such a claim, the Court shall provide immediately
for the record a written statement of the reasons for such
decision. A party may file a petition for review of such
decision with the Foreign Intelligence Surveillance Court of
Review, which shall have jurisdiction to consider such petition
and, upon deciding such petition, shall provide for the record
a written statement of the reasons for its decision.
``(2) Foreign intelligence surveillance court of review.--
The Foreign Intelligence Surveillance Court of Review shall
have jurisdiction to hear claims ancillary to any of its own
proceedings, including jurisdiction to hear any claim for
access to the court's records, files, and proceedings under the
Constitution of the United States, statute, common law, or any
other authority. Upon deciding such a claim, the Court of
Review shall provide immediately for the record a written
statement of the reasons for such decision.
``(3) Supreme court review.--A party may file a petition
for a writ of certiorari for review of a decision of the
Foreign Intelligence Surveillance Court of Review under
paragraphs (1) or (2), and the Supreme Court shall have
jurisdiction to review such decision.'';
(2) in subsection (a)(2)(A), in the matter preceding clause
(i), by inserting ``paragraph (1) of subsection (o) of this
section or'' before ``paragraph (4) or (5) of section 702(i)'';
and
(3) in subsection (k)(1), by striking ``section 1254(2) of
title 28'' and inserting ``section 1254 of title 28''.
(b) Technical Corrections.--Section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803), as amended by section (a),
is further amended--
(1) in subsection (a)(2)(A), in the matter preceding clause
(i), by striking ``section 501(f) or''; and
(2) in subsection (e), by striking ``section 501(f)(1) or''
each place it appears.
SEC. 310. GROUNDS FOR DETERMINING INJURY IN FACT IN CIVIL ACTIONS
RELATING TO SURVEILLANCE UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978 OR PURSUANT TO EXECUTIVE
AUTHORITY.
(a) In General.--The Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.), as amended by section 202, is further amended
by adding at the end the following:
``TITLE X--ADDITIONAL MATTERS
``SEC. 1001. CHALLENGES TO GOVERNMENT SURVEILLANCE.
``(a) Definitions.--In this section, the terms `foreign
intelligence information', `person', `United States', and `United
States person' have the meanings given such terms in section 101.
``(b) Injury in Fact.--In any claim in a civil action brought in a
court of the United States relating to the acquisition, copying,
querying, retention, access, or use of information acquired under this
Act or pursuant to any other authority of the executive branch of the
Federal Government, by a United States person or person located inside
the United States, the person asserting the claim has suffered an
injury-in-fact traceable to that conduct if the person--
``(1)(A) regularly communicates foreign intelligence
information with persons who are not United States persons and
who are located outside the United States; and
``(B) has taken or is taking objectively reasonable
measures to avoid the acquisition, copying, querying,
retention, access, or use of the person's information under
this Act or pursuant to another authority of the executive
branch of the Federal Government; or
``(2) has a reasonable basis to believe that the person's
rights have been, are being, or imminently will be violated by
an individual acting under color of Federal law.
``(c) Reasonable Basis.--For the purposes of this section, a
reasonable basis exists when the person demonstrates a concrete injury
arising from a good-faith belief that the person's rights have been,
are being, or imminently will be violated through the acquisition,
copying, querying, retention, access, or use of the person's
information under this Act or pursuant to any other authority of the
executive branch of the Federal Government.
``(d) State Secrets Privilege.--The procedures set forth in section
106(f) shall apply when the State secrets privilege is asserted, with
respect to any claim where the plaintiff, who is a United States person
or person located in the United States, plausibly alleges an injury-in-
fact relating to the acquisition, copying, querying, retention, access,
or use of information acquired under this Act or pursuant to another
authority of the executive branch of the Federal Government and
plausibly alleges that the acquisition, copying, querying, retention,
access, or use of information violates the Constitution or laws of the
United States.''.
(b) Clerical Amendment.--The table of contents of the Foreign
Intelligence Surveillance Act of 1978, as amended by section 202, is
further amended by adding at the end the following:
``TITLE X--ADDITIONAL MATTERS
``Sec. 1001. Challenges to Government surveillance.''.
SEC. 311. ACCOUNTABILITY PROCEDURES FOR VIOLATIONS BY FEDERAL
EMPLOYEES.
(a) In General.--Title X of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881 et seq.), as added by section 310, is
amended by adding at the end the following:
``SEC. 1002. ACCOUNTABILITY PROCEDURES FOR VIOLATIONS BY FEDERAL
EMPLOYEES.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' has the meaning given such
term in section 101.
``(2) Covered agency.--The term `covered agency' means the
Federal Bureau of Investigation, the Central Intelligence
Agency, the National Security Agency, and the National
Counterterrorism Center.
``(3) Covered person.--The term `covered person' has the
meaning given such term in section 701(b).
``(4) Covered violation.--The term `covered violation'
means a violation of this Act, the Government Surveillance
Reform Act of 2026, or Executive Order 12333 (50 U.S.C. 3001
note; relating to United States intelligence activities), or
successor order, by an employee of a covered agency that
results in the inappropriate collection, use, querying, or
dissemination of any communication, record, or information of a
covered person.
``(5) Person, united states, and united states person.--The
terms `person', `United States', and `United States person'
have the meanings given such terms in section 101.
``(b) Accountability Procedures; Designated Investigative Entity.--
The head of each covered agency shall--
``(1) establish procedures to hold employees of the covered
agency accountable for willful, knowing, reckless, and
negligent covered violations; and
``(2)(A) designate an entity within the agency to
investigate possible willful, knowing, reckless, and negligent
covered violations; and
``(B) establish an internal process for the designated
entity to determine culpability for willful, knowing, reckless,
and negligent covered violations.
``(c) Elements.--The procedures established under subsection (b)(1)
shall include the following:
``(1) Centralized tracking of individual employee
performance incidents involving willful, knowing, reckless, and
negligent covered violations, over time.
``(2) Escalating consequences for willful, knowing,
reckless, and negligent covered violations, including--
``(A) consequences for an initial reckless or
negligent covered violation, including, at a minimum--
``(i) suspension of access to information
acquired under this Act or to the dataset that
gave rise to the violation for not less than 90
days; and
``(ii) documentation of the incident in the
personnel file of each employee responsible for
the violation;
``(B) consequences for a second reckless or
negligent covered violation, including, at a minimum--
``(i) suspension of access to information
acquired under this Act or to the dataset that
gave rise to the violation for not less than
180 days; and
``(ii) reassignment of each employee
responsible for the violation;
``(C) consequences for a third reckless or
negligent covered violation, including, at a minimum--
``(i) termination of security clearance;
and
``(ii) reassignment or termination of each
employee responsible for the violation;
``(D) consequences for an initial willful or
knowing covered violation, including, at a minimum--
``(i) suspension of access to information
acquired under this Act or to the dataset that
gave rise to the violation for not less than
180 days; and
``(ii) reassignment of each employee
responsible for the violation; and
``(E) consequences for a second willful or knowing
covered violation, including, at a minimum--
``(i) termination of security clearance;
and
``(ii) reassignment or termination of each
employee responsible for the violation.
``(d) Presumption of Termination.--
``(1) In general.--For purposes of subparagraphs (C)(ii)
and (E)(ii) of subsection (c)(2), there shall be a presumption
in favor of termination of an employee.
``(2) Justification.--If the head of a covered agency
determines not to terminate an employee for a third reckless or
negligent violation under subparagraph (C)(ii) of subsection
(c)(2) or a second willful or knowing violation under
subparagraph (E)(ii) of that subsection, the agency head shall
submit to the appropriate committees of Congress a written
justification for the determination.
``(e) Timing.--If a covered agency determines, through an
investigation, that an employee committed a willful, knowing, reckless,
or negligent covered violation, the agency head shall determine what
consequences to impose on the employee under subsection (c)(2) not
later than 60 days after the conclusion of the investigation.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 1001, as added
by section 310, the following:
``Sec. 1002. Accountability procedures for violations by Federal
employees.''.
(c) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the head of each covered agency, as
defined in section 1002 of the Foreign Intelligence
Surveillance Act of 1978 (as added by subsection (a)), shall
submit to the appropriate committees of Congress a report
detailing--
(A) the procedures established under section 1002
of the Foreign Intelligence Surveillance Act of 1978,
as added by subsection (a); and
(B) a description of any actions taken pursuant to
such procedures.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex to the extent necessary to protect sources and methods.
(d) Deconfliction With RISAA Accountability Procedures.--
(1) In general.--Paragraph (4) of section 702(f) of such
Act (50 U.S.C. 1881a(f)) is repealed.
(2) Conforming amendment.--Paragraph (6) of such section
702(f), as added by section 101 and redesignated by section
110, is redesignated as paragraph (4) and moved before
paragraph (5) of such section 702(f).
(3) Effect date.--The amendments made by paragraphs (1) and
(2) shall take effect on the date that is 180 days after the
date of the enactment of this Act.
SEC. 312. REFORMS TO THE EXCLUSIVE MEANS LIMITATIONS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Chapter 119 of Title 18.--Section 2511(2)(f) of title 18,
United States Code, is amended to read as follows:
``(f)(i) Other than as provided in subsection (ii), nothing
contained in this chapter or chapter 121 or 206 of this title, or
section 705 of the Communications Act of 1934 (47 U.S.C. 605), shall be
deemed to affect the acquisition by the United States Government of
foreign intelligence information from international or foreign
communications, or foreign intelligence activities conducted in
accordance with otherwise applicable Federal law involving a foreign
electronic communications system, utilizing a means other than
electronic surveillance as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
``(ii) The procedures in this chapter, chapter 121, and the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
the exclusive means by which the United States Government may conduct--
``(A) electronic surveillance, as defined in section 101 of
that Act;
``(B) the interception of wire, oral, and electronic
communications within the United States or from a domestic
electronic communications system; or
``(C) the interception of wire, oral, and electronic
communications for which the sender and all intended recipients
are located within the United States.''.
(b) Foreign Intelligence Surveillance Act.--Section 112 of the
Foreign Intelligence Surveillance Act (50 U.S.C. 1812) is amended to
read as follows:
``(a) Except as provided in subsection (b), the procedures of
chapters 119, 121, and 206 of title 18 and this Act shall be the
exclusive means by which the United States Government may conduct--
``(1) electronic surveillance, as defined in section 101;
``(2) the interception of wire, oral, and electronic
communications within the United States or from a domestic
electronic communications system; or
``(3) the interception of wire, oral, and electronic
communications for which the sender and all intended recipients
are located within the United States.
``(b) Only an express statutory authorization for electronic
surveillance or the interception of wire, oral, or electronic
communications described in subsection (a), other than as an amendment
to this chapter or chapters 119, 121, or 206 of title 18, shall
constitute an additional exclusive means for the purpose of subsection
(a).
``(c) The procedures in this Act and title IV of the Government
Surveillance Reform Act shall be the exclusive means by which the
location information of 1 or more persons located in the United States
may be acquired for foreign intelligence purposes by the United States
Government.''.
TITLE IV--REFORMS RELATED TO SURVEILLANCE CONDUCTED FOR FOREIGN
INTELLIGENCE PURPOSES OTHER THAN UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978
SEC. 401. DEFINITIONS.
In this title:
(1) Congressional intelligence committees, intelligence,
intelligence community, and foreign intelligence.--The terms
``congressional intelligence committees'', ``intelligence'',
``intelligence community'', and ``foreign intelligence'' have
the meanings given such terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(2) Electronic surveillance, person, state, united states,
and united states person.--The terms ``electronic
surveillance'', ``person'', ``State'', ``United States'', and
``United States person'' have the meanings given such terms in
section 101 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801).
SEC. 402. PROTECTIONS RELATED TO WARRANTLESS QUERIES FOR THE
COMMUNICATIONS OF UNITED STATES PERSONS AND PERSONS
LOCATED IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) Covered information.--The term ``covered information''
includes--
(A) communications content; and
(B) information, the compelled disclosure of which
would require a probable cause warrant if sought for
law enforcement purposes inside the United States.
(2) Covered query.--The term ``covered query'' means a
query--
(A) using a term associated with 1 or more covered
persons; or
(B) for a significant purpose of retrieving
information of, or concerning 1 or more covered
persons.
(3) Query.--
(A) In general.--The term ``query'' means the use
of 1 or more terms, whether conducted through manual or
automated means, to retrieve any information described
in subparagraph (B), including retrieval from a subset
of such information, whether that subset was created by
retrieval through a query or other means.
(B) Information described.--The information
described in this subparagraph is information that was
acquired for foreign intelligence purposes, other than
acquisitions authorized by the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.),
regardless of whether such acquisition occurred inside
or outside the United States.
(b) In General.--Except as provided in subsections (c) and (d), no
officer or employee of the Federal Government may access covered
information returned in response to a covered query.
(c) Exceptions for Concurrent Authorization, Consent, Emergency
Situations, and Certain Defensive Cybersecurity Queries.--Subsection
(b) shall not apply if--
(1) the covered person to whom the covered query relates is
the subject of an order or emergency authorization authorizing
electronic surveillance or physical search under section 105 or
304 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1805, 1824), or a warrant issued pursuant to the Federal
Rules of Criminal Procedure by a court of competent
jurisdiction if--
(A) such order, authorization, or warrant covers
the period of the covered query; and
(B) the covered query is conducted and covered
information is accessed in compliance with all use,
dissemination, querying, retention, and other
minimization limitations required by the order,
authorization, or warrant;
(2)(A) the officer or employee accessing the covered
information has a reasonable belief that--
(i) an emergency exists involving an imminent
threat of death or serious bodily harm; and
(ii) in order to prevent or mitigate the threat
described in clause (i), the query must be conducted
before authorization described in subparagraph (A) can,
with due diligence, be obtained; and
(B) not later than 14 days after the covered information is
accessed, a description of the circumstances justifying the
accessing of the covered information is provided to the
congressional intelligence committees in a timely manner;
(3) the covered person to whom the covered query relates
or, if such person is incapable of providing consent, a third
party legally authorized to consent on behalf of the person,
has provided consent for such access on a case-by-case basis;
or
(4)(A) the covered information is used for defensive
cybersecurity purposes, including the protection of a covered
person from cybersecurity attack;
(B) other than for such defensive cybersecurity purposes,
no covered information is accessed or reviewed; and
(C) not later than 14 days after the covered information is
accessed, a description of the circumstances justifying the
accessing of the covered information is provided to the
congressional intelligence committees.
(d) Matters Relating to Emergency Queries.--
(1) Treatment of denials.--If covered information is
accessed pursuant to an emergency authorization described in
subsection (c)(1) and the subsequent application to authorize
electronic surveillance, a physical search, or an acquisition
pursuant to section 105(e) or 304(e) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e),
1824(e)) is denied, or in any other case in which covered
information is accessed in violation of this section--
(A) no covered information accessed, or evidence
derived from such access, may be used, received in
evidence, or otherwise disseminated in any
investigation, trial, hearing, or other proceeding in
or before any court, grand jury, department, office,
agency, regulatory body, legislative committee, or
other authority of the United States, a State, or
political subdivision thereof; and
(B) no covered information accessed, or evidence
derived from such access, concerning a covered person
may subsequently be used or disclosed in any other
manner without the consent of such covered person,
except if the Attorney General approves the use or
disclosure of such covered information in order to
prevent the death of or serious bodily harm to any
person.
(2) Assessment of compliance.--Not less frequently than
annually, the Attorney General shall assess compliance with the
requirements under paragraph (1).
(e) Foreign Intelligence Surveillance Act of 1978.--This section
shall not apply to the access of covered information collected pursuant
to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).
(f) Foreign Intelligence Purpose Required for Queries.--
(1) In general.--Except as provided in paragraph (2), no
officer or employee of the Federal Government may conduct a
query unless the query is--
(A) reasonably likely to retrieve foreign
intelligence information; and
(B) made with a significant foreign intelligence
purpose.
(2) Exceptions.--An officer or employee of the Federal
Government is permitted to conduct a query if an exception
described in clauses (i) and (ii) of section 702(f)(2)(B) of
the Foreign Intelligence Surveillance Act of 1978, as amended
by section 101, applies.
(g) Documentation.--No officer or employee of the Federal
Government may conduct a covered query, or access covered information
returned in response to a covered query, unless an electronic record is
created that includes--
(1) for each query--
(A) each term used for the conduct of the query;
(B) the date of the covered query;
(C) the identifier of the officer or employee who
conducted the covered query;
(D) a statement of facts justifying that it is
reasonably likely to retrieve foreign intelligence
information or an exception under subsection (f)(2)
applies; and
(E) a description of the basis for the exception;
and
(2) for each access--
(A) the date of the access;
(B) the identifier of the officer or employee who
did the particular access; and
(C) a statement of facts showing that an access is
authorized by an exception under subsection (c).
(h) Query Record System.--
(1) In general.--The head of each agency that may conduct a
covered query shall ensure that a system, mechanism, or
business practice is in place to maintain the records described
in subsection (g), including ensuring that any covered queries,
or accesses to covered information returned in response to
covered queries, that are conducted by automated means are
attributed to the officer or employee who was the proximate
cause of such covered query or access.
(2) Compliance report.--Not later than 90 days after the
date of the enactment of this Act, the head of each applicable
agency shall report to the congressional intelligence
committees on its compliance with paragraph (1).
SEC. 403. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND
PERSONS LOCATED IN THE UNITED STATES.
(a) Prohibition on Acquisition.--No officer or employee of the
Federal Government may intentionally target, for the purpose of
acquiring foreign intelligence information, any person to acquire
information, regardless of whether such targeting or acquisition occurs
inside or outside the United States, if a significant purpose of the
acquisition is to acquire the information of a particular, known
covered person, unless--
(1)(A) the officer or employee has a reasonable belief that
an emergency exists involving a threat of imminent death or
serious bodily harm to such covered person;
(B) the information is sought for the purpose of assisting
that person; and
(C) not later than 14 days after the targeting, a
description of the targeting is provided to the congressional
intelligence committees in a timely manner; or
(2) the covered person has provided consent to the
targeting, or if such covered person is incapable of providing
consent, a third party legally authorized to consent on behalf
of such covered person has provided consent.
(b) Foreign Intelligence Surveillance Act of 1978 and Criminal
Warrants.--This section shall not apply to--
(1) an acquisition carried out pursuant to the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.);
or
(2) an acquisition carried out pursuant to a warrant issued
pursuant to the Federal Rules of Criminal Procedure by a court
of competent jurisdiction covering the period of the
acquisition and the acquisition is subject to the use,
dissemination, querying, retention, and other minimization
limitations required by such warrant.
SEC. 404. PROHIBITION ON INTELLIGENCE ACQUISITION OF UNITED STATES
PERSON DATA.
(a) Covered Data Defined.--In this section, the term ``covered
data'' means--
(1) data, derived data, or any unique identifier that is
linked to or is reasonably linkable to a covered person or to
an electronic device that is linked to, or is reasonably
linkable to, 1 or more covered persons in a household;
(2) includes anonymized data that, if combined with other
data, can be linked to, or is reasonably linkable to, a covered
person or to an electronic device that is linked to, or is
reasonably linkable to, 1 or more covered persons in a
household; and
(3) does not include data that--
(A) is lawfully available to the public through
Federal, State, or local government records or through
widely distributed media;
(B) is reasonably believed to have been voluntarily
made available to the general public by the covered
person; or
(C) is a specific communication or transaction with
a targeted individual who is not a covered person.
(b) Limitation.--
(1) In general.--Subject to paragraphs (2) through (8), an
element of the intelligence community may not acquire a dataset
that includes covered data.
(2) Authorization pursuant to the foreign intelligence
surveillance act of 1978.--An element of the intelligence
community may acquire covered data if the data has been
authorized for collection pursuant to an order or emergency
authorization pursuant to the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) or the Federal Rules of
Criminal Procedure by a court of competent jurisdiction
covering the period of the acquisition, subject to the use,
dissemination, querying, retention, and other minimization
limitations required by such authorization.
(3) Authorization for employment-related use.--An element
of the intelligence community may acquire covered data about an
employee of, or applicant for employment by, an element of the
intelligence community for employment-related purposes,
provided that--
(A) access to and use of the covered data is
limited to such purposes; and
(B) the covered data is destroyed at such time as
it is no longer necessary for such purposes.
(4) Exception for compliance purposes.--An element of the
intelligence community may acquire covered data for the purpose
of supporting compliance with collection limitations and
minimization requirements imposed by statute, guidelines,
procedures, or the United States Constitution, provided that--
(A) access to and use of the covered data is
limited to such purpose; and
(B) the covered data is destroyed at such time as
it is no longer necessary for such purpose.
(5) Exception for life or safety.--An element of the
intelligence community may acquire covered data if--
(A) there is a reasonable belief that--
(i) an emergency exists involving an
imminent threat of death or serious bodily
harm; and
(ii) in order to prevent or mitigate this
threat, the acquisition must be conducted
before authorization pursuant to paragraph (2)
can, with due diligence, be obtained;
(B) access to and use of the covered data is
limited to addressing the threat;
(C) the covered data is destroyed at such time as
it is no longer necessary for such purpose; and
(D) not later than 14 days after the acquisition, a
description of the acquisition is provided to the
congressional intelligence committees.
(6) Exception for consent.--An element of the intelligence
community may acquire covered data if--
(A) each covered person linked or reasonably linked
to the covered data, or, if such person is incapable of
providing consent, a third party legally authorized to
consent on behalf of the person, has provided consent
to the acquisition and use of the data on a case-by-
case basis;
(B) access to and use of the covered data is
limited to the purposes for which the consent was
provided; and
(C) the covered data is destroyed at such time as
it is no longer necessary for such purposes.
(7) Exception for nonsegregable data.--An element of the
intelligence community may acquire a dataset that includes
covered data if the covered data is not reasonably segregable
prior to acquisition, provided that the element of the
intelligence community complies with the minimization
procedures in subsection (c).
(8) Exception for national security letter data.--An
element of the intelligence community may acquire, through
noncompulsory means that are otherwise not contrary to a
provision of Federal law, data that, in the United States, the
Federal Government has the authority to compel production
through a national security letter pursuant to section 2709 of
title 18, United States Code, section 626 or 627 of the
Consumer Credit Protection Act (15 U.S.C. 1681u, 1681v), or
section 1114 of the Right to Financial Privacy Act of 1978 (12
U.S.C. 3414), provided--
(A) the person or entity in possession of the data
is outside the United States and compelled production
is not feasible;
(B) the acquisition is conducted consistent with
the limitations that would apply if, in the United
States, the Federal Government compelled production of
such data with a national security letter pursuant to
such provisions of law; and
(C) the element of the intelligence community
maintains all records required by such provisions of
law, including the content of relevant certifications,
for each covered person or each instance of data,
derived data or unique identifier linked to or
reasonably linkable to a covered person.
(c) Minimization Procedures.--
(1) In general.--The Attorney General shall adopt specific
procedures that are reasonably designed to minimize the
acquisition and retention of covered data that is not subject
to 1 or more of the exceptions set forth in subsection (b).
(2) Acquisition and retention.--The procedures adopted
under paragraph (1) shall require elements of the intelligence
community to exhaust all reasonable means--
(A) to exclude covered data not subject to 1 or
more exceptions set forth in subsection (b) from
datasets prior to acquisition; and
(B) to remove and delete covered data not subject
to 1 or more exceptions set forth in subsection (b)
prior to the operational use of the acquired dataset or
the inclusion of the dataset in a database intended for
operational use.
(3) Destruction.--The procedures adopted under paragraph
(1) shall require that if an element of the intelligence
community identifies covered data acquired in violation of
subsection (b), such covered data shall be promptly destroyed.
(d) Prohibition on Use of Data Obtained in Violation of This
Section.--Covered data acquired by an element of the intelligence
community in violation of subsection (b), and any evidence derived
therefrom, may not be used, received in evidence, or otherwise
disseminated in any investigation, trial, hearing, or other proceeding
in or before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of the
United States, a State, or political subdivision thereof.
(e) Reporting Requirement.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and not less frequently than once
each year thereafter, the Director of National Intelligence
shall submit to the appropriate committees of Congress and the
Privacy and Civil Liberties Oversight Board a report on
acquisitions pursuant to this section.
(2) Contents.--The report submitted pursuant to paragraph
(1) shall include the following:
(A) Datasets.--A description of datasets that the
Director determines contain information of covered
persons that is significant in volume proportion, or
sensitivity, including--
(i) the covered person information in each
dataset; and
(ii) an estimate of the amount of covered
person information in each dataset;
(B) Data collection.--A description of data
collected pursuant to subsection (b)(8), including--
(i) a description of the covered person
information for each acquisition; and
(ii) the number of covered persons or
instances of data, derived data or unique
identifiers linked to or reasonably linkable to
a covered person, disaggregated by the national
security letter authority for which compelled
production would be required.
(C) Detected violations.--A description of covered
data identified as having been acquired in violation of
subsection (b) in the preceding year, including--
(i) an estimate of the number of covered
persons whose information was acquired in
violation of subsection (b); and
(ii) any changes made to the procedures in
subsection (c) to address compliance issues.
(3) Notifications.--After submitting the report required by
paragraph (1), the Director shall, in coordination with the
Under Secretary, notify the appropriate committees of Congress
of any changes to the information contained in such report.
(4) Availability to the public.--The Director shall make
available to the public on the website of the Director--
(A) the unclassified portion of the report
submitted pursuant to paragraph (1); and
(B) any notifications submitted pursuant to
paragraph (3).
(f) Rule of Construction.--Nothing in this section shall authorize
an acquisition otherwise prohibited by this Act, the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or
title 18, United States Code.
SEC. 405. PROHIBITION ON THE WARRANTLESS ACQUISITION OF DOMESTIC
COMMUNICATIONS.
No officer or employee of the Federal Government may intentionally
acquire, for the purpose of acquiring foreign intelligence information,
any communication as to which the sender and all intended recipients
are known to be located in the United States at the time of acquisition
or the time of communication, regardless of whether such acquisition
occurs inside or outside the United States, except--
(1) as authorized under section 105 or 304 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805, 1824);
or
(2) if--
(A) the officer or employee has a reasonable belief
that--
(i) an emergency exists involving the
imminent threat of death or serious bodily
harm; and
(ii) in order to prevent or mitigate this
threat, the acquisition must be conducted
before an authorization pursuant to the
provisions of law cited in paragraph (1) can,
with due diligence, be obtained; and
(B) not later than 14 days after the acquisition, a
description of the acquisition is provided to the
congressional intelligence committees.
SEC. 406. DATA RETENTION LIMITS.
(a) Procedures.--
(1) In general.--Each head of an element of the
intelligence community shall develop and implement procedures
governing the retention of information described in paragraph
(2).
(2) Information described.--The information described in
this paragraph is information that was acquired for foreign
intelligence purposes, other than acquisitions authorized by
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.), regardless of whether such acquisition occurred
inside or outside the United States.
(b) Requirements.--
(1) Covered information defined.--In this subsection, the
term ``covered information'' includes--
(A) any information or communication pertaining to
a covered person, including an encrypted communication
to or from a covered person, that has been evaluated
and is not specifically known to contain foreign
intelligence information; and
(B) any unevaluated information, unless it can
reasonably be determined that the unevaluated
information does not contain any information or
communications pertaining to a covered person,
including any encrypted communication to or from a
covered person.
(2) In general.--The procedures developed and implemented
pursuant to subsection (a) shall ensure, with respect to
information described in such subsection, that covered
information shall be destroyed within 5 years of collection
unless the Attorney General determines in writing that--
(A) the information is the subject of a
preservation obligation in pending administrative,
civil, or criminal litigation, in which case the
covered information shall be segregated, retained, and
used solely for that purpose and shall be destroyed as
soon as it is no longer required to be preserved for
such litigation; or
(B) the information is being used in a proceeding
or investigation consistent with section 706(a) of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881e(a)).
SEC. 407. REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.
Section 511 of the National Security Act of 1947 (50 U.S.C. 3110)
is amended by adding at the end the following:
``(c) Public Availability.--
``(1) In general.--The Director of National Intelligence
shall make each report submitted under subsection (a) publicly
available on an internet website, with such redactions as may
be necessary to protect sources and methods.
``(2) Retroactive report publication.--With respect to a
report submitted under subsection (a) prior to the date of the
enactment of the Government Surveillance Reform Act of 2026,
such report shall be made publicly available pursuant to
paragraph (1) by not later than 180 days after the date of the
enactment of such Act.
``(d) Department of Justice Report.--The Attorney General, in
consultation with the Director of National Intelligence, shall submit
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a version of the report
described in subsection (a) that only addresses violations of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).''.
TITLE V--INDEPENDENT OVERSIGHT
SEC. 501. INSPECTOR GENERAL OVERSIGHT OF ORDERS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Audit.--Not later than 1 year after the date of the enactment
of this Act, the Inspector General of the Department of Justice and the
Inspector General of each element of the intelligence community shall
each initiate an audit of the applications for court orders made under
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) and directives issued under section 702(i) of such Act by the
Department or the element, respectively.
(b) Scope; Contents.--In conducting an audit under subsection (a)--
(1) an Inspector General shall--
(A) review such sample of applications and
directives described in such subsection as the
Inspector General determines appropriate in order to
carry out the objectives of this section;
(B) assess whether--
(i) adequate safeguards are in place to
ensure that the assertions made in applications
are scrupulously accurate;
(ii) adequate safeguards are in place to
ensure that each application includes all
information required by the amendments made by
section 10 of the Reforming Intelligence and
Securing America Act (Public Law 118-49) and
made by sections 302 and 303 of this Act; and
(iii) in the determination of the Inspector
General, there are any other areas of potential
risk or violation; and
(C) make recommendations to address any
deficiencies identified by the Inspector General; and
(2) the Inspector General of the Department of Justice
shall assess the information provided by the Department of
Justice under subsection (f) of section 603 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1873), as
added by section 803 of this Act, and include a determination
on the accuracy and completeness of the information provided
under that section.
(c) Report.--
(1) In general.--For each audit conducted by an Inspector
General under subsection (a), such Inspector General shall
submit to the persons specified in paragraph (2) a report of
the audit, including findings and recommendations of the
Inspector General and any remediations taken by the Department
or element, respectively.
(2) Persons specified.--The persons specified in this
paragraph are the following:
(A) The Attorney General.
(B) The Director of National Intelligence.
(C) The Privacy and Civil Liberties Oversight
Board.
(D) The appropriate committees of Congress.
(E) The Foreign Intelligence Surveillance Court (as
defined in section 601(e) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871(e))).
(F) Any amicus curiae appointed under section
103(i)(2) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1803(i)(2)).
(d) Cooperation.--The Attorney General and head of each element of
the intelligence community shall ensure full and complete cooperation
with the respective Inspector General conducting an audit under
subsection (a), including by providing access to all evidence and
information relevant to the assessments required under subsection
(b)(2), subject to such procedures as are necessary to protect the
national security of the United States.
(e) Availability to the Public.--The Inspector General of each
element of the intelligence community shall each make publicly
available on a website of the relevant element an unclassified version
of any report submitted under subsection (c) by the respective
Inspector General.
SEC. 502. INTELLIGENCE COMMUNITY PARITY AND COMMUNICATIONS WITH PRIVACY
AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Whistleblower Protections for Members of Intelligence Community
for Communications With Privacy and Civil Liberties Oversight Board.--
Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is
amended--
(1) in subsection (b)(1), in the matter before subparagraph
(A), by inserting ``the Privacy and Civil Liberties Oversight
Board,'' after ``Inspector General of the Intelligence
Community,''; and
(2) in subsection (c)(1)(A), in the matter before clause
(i), by inserting ``the Privacy and Civil Liberties Oversight
Board,'' after ``Inspector General of the Intelligence
Community,''.
(b) Parity in Pay for Privacy and Civil Liberties Oversight Board
Staff and the Intelligence Community.--Section 1061(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C.
2000ee(j)(1)) is amended by striking ``except that'' and all that
follows through the period at the end and inserting ``except that no
rate of pay fixed under this subsection may exceed the highest amount
paid by any element of the intelligence community for a comparable
position, based on salary information provided to the chairman of the
Board by the Director of National Intelligence.''.
SEC. 503. CONGRESSIONAL OVERSIGHT OF GRANTS OF IMMUNITY BY THE ATTORNEY
GENERAL FOR WARRANTLESS SURVEILLANCE ASSISTANCE.
(a) In General.--Section 2511(2)(a) of title 18, United States
Code, is amended by adding at the end the following:
``(iv) Not later than 30 days after providing a certification
described in clause (B) of the first sentence of subparagraph (ii) to a
provider of wire or electronic communication service, an officer,
employee, or agent thereof, a landlord, a custodian, or another person,
the person providing the certification shall submit the certification
to the appropriate committees of Congress, as defined in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).''.
(b) Ongoing Programs.--
(1) Definitions.--In this subsection--
(A) the term ``appropriate committees of Congress''
has the meaning given that term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801), as amended by section 2 of this Act;
(B) the terms ``electronic communication'',
``electronic communication service'', and ``wire
communication'' have the meanings given such terms in
section 2510 of title 18, United States Code; and
(C) the term ``ongoing certification'' means a
certification described in clause (B) of the first
sentence of section 2511(2)(a)(ii) of title 18, United
States Code, pursuant to which a provider of wire or
electronic communication service, an officer, employee,
or agent thereof, a landlord, a custodian, or another
person is providing information, facilities, or
technical assistance on the date of enactment of this
Act.
(2) Submission.--Not later than 90 days after the date of
enactment of this Act, the person that provided an ongoing
certification to a provider of wire or electronic communication
service, an officer, employee, or agent thereof, a landlord, a
custodian, or another person shall submit the ongoing
certification to the appropriate committees of Congress.
TITLE VI--REFORMS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986
SEC. 601. WARRANT PROTECTIONS FOR LOCATION INFORMATION, WEB BROWSING
RECORDS, AND SEARCH QUERY RECORDS.
(a) Historical Location, Web Browsing, and Search Queries.--
(1) In general.--Section 2703 of title 18, United States
Code, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by striking
``Contents of Wire or Electronic
Communications'' and inserting ``Location
Information, Web Browsing Records, Search Query
Records, or Contents of Wire or Electronic
Communications''; and
(ii) in the first sentence, by inserting
``location information, a web browsing record,
a search query record, or'' before ``the
contents of a wire''; and
(B) in subsection (c)(1), in the matter preceding
subparagraph (A), by inserting ``location information,
a web browsing record, a search query record, or''
before ``the contents''.
(2) Definition.--Section 2711 of title 18, United States
Code, is amended--
(A) in the matter preceding paragraph (1), by
inserting ``(a) In General.--'' before ``As used'';
(B) in subsection (a), as so designated--
(i) in paragraph (3)(C), by striking
``and'' at the end;
(ii) in paragraph (4), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(5) the term `location information' means information
derived or otherwise calculated from the transmission or
reception of a radio signal that reveals the approximate or
actual geographic location of a customer, subscriber, user, or
device;
``(6) the term `web browsing record'--
``(A) means a record that reveals, in part or in
whole, the identity of a service provided by an online
service provider, or the identity of a customer,
subscriber, user, or device, for any attempted or
successful communication or transmission between an
online service provider and such a customer,
subscriber, user, or device;
``(B) includes a record that reveals, in part or in
whole--
``(i) the domain name, uniform resource
locator, internet protocol address, or other
identifier for a service provided by an online
service provider with which a customer,
subscriber, user, or device has exchanged or
attempted to exchange a communication or
transmission; or
``(ii) the network traffic generated by an
attempted or successful communication or
transmission between a service provided by an
online service provider and a customer,
subscriber, user, or device; and
``(C) does not include a record that reveals
information about an attempted or successful
communication or transmission between a known service
and a particular known customer, subscriber, user, or
device, if the record is maintained by the known
service and is limited to revealing additional
identifying information about the particular known
customer, subscriber, user, or device; and
``(7) the term `search query record'--
``(A) means a record that reveals a query term or
instruction submitted, in written, verbal, or other
format, by a customer, subscriber, user, or device to
any service provided by an online service provider,
including a search engine, voice assistant, chat bot,
or navigation service; and
``(B) includes a record that reveals the response
provided by any service provided by an online service
provider to a query term or instruction by a customer,
subscriber, user, or device.''; and
(C) by adding at the end the following:
``(b) Rule of Construction.--Nothing in this section or section
2510 shall be construed to mean that a record may not be more than 1 of
the following types of record:
``(1) The contents of a communication.
``(2) Location information.
``(3) A web browsing record.
``(4) A search query record.''.
(b) Real-Time Surveillance of Location Information.--Section 3117
of title 18, United States Code, is amended--
(1) in the section heading, by striking ``Mobile tracking
devices'' and inserting ``Tracking orders for Federal
departments and agencies'';
(2) by striking subsection (b);
(3) by redesignating subsection (a) as subsection (c);
(4) by inserting before subsection (c), as so redesignated,
the following:
``(a) In General.--No officer or employee of a governmental entity
may install or direct the installation of a tracking device, except
pursuant to a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures and, in the case of a court-
martial or other proceeding under chapter 47 of title 10 (the Uniform
Code of Military Justice), issued under section 846 of that title, in
accordance with regulations prescribed by the President) by a court of
competent jurisdiction.
``(b) Emergencies.--
``(1) In general.--Subject to paragraph (2), the
prohibition under subsection (a) does not apply in an instance
in which an investigative or law enforcement officer reasonably
determines that--
``(A) a circumstance described in subparagraph (i),
(ii), or (iii) of section 2518(7)(a) exists; and
``(B) there are grounds upon which a warrant could
be issued to authorize the installation of the tracking
device.
``(2) Application deadline.--If a tracking device is
installed under the authority under paragraph (1), an
application for a warrant shall be made within 48 hours after
the installation.
``(3) Termination absent warrant.--In the absence of a
warrant, use of a tracking device under the authority under
paragraph (1) shall immediately terminate when the
investigative information sought is obtained or when the
application for the warrant is denied, whichever is earlier.
``(4) Limitation.--In the event an application for a
warrant described in paragraph (2) is denied, or in any other
case where the use of a tracking device under the authority
under paragraph (1) is terminated without a warrant having been
issued, the information obtained shall be treated as having
been obtained in violation of this section, and an inventory
describing the installation and use of the tracking device
shall be served on the person named in the warrant
application.'';
(5) in subsection (c), as so redesignated--
(A) in the subsection heading, by striking ``In
General'' and inserting ``Jurisdiction'';
(B) by striking ``or other order'';
(C) by striking ``mobile'';
(D) by striking ``such order'' and inserting ``such
warrant''; and
(E) by adding at the end the following: ``For
purposes of this subsection, the installation of a
tracking device occurs within the jurisdiction in which
the device is physically located when the installation
is complete.''; and
(6) by adding at the end the following:
``(d) Definitions.--As used in this section--
``(1) the term `computer' has the meaning given that term
in section 1030(e);
``(2) the term `court of competent jurisdiction' has the
meaning given that term in section 2711;
``(3) the term `governmental entity'--
``(A) means a department or agency of the United
States; and
``(B) does not include a department or agency of a
State or a political subdivision thereof.
``(4) the term `installation of a tracking device' means,
whether performed by an officer or employee of a governmental
entity or by a provider at the direction of a governmental
entity--
``(A) the physical placement of a tracking device;
``(B) the remote activation of the tracking
software or functionality of a tracking device; or
``(C) the acquisition of a radio signal transmitted
by a tracking device; and
``(5) the term `tracking device' means an electronic or
mechanical device which permits the tracking of the movement of
a person or object, including a phone, wearable device,
connected vehicle, or other computer owned, used, or possessed
by the target of surveillance.''.
(c) Prospective Surveillance of Web Browsing Records and Location
Information.--Section 2703 of title 18, United States Code, is amended
by adding at the end the following:
``(i) Prospective Disclosure of Web Browsing Records.--
``(1) In general.--A governmental entity may require the
prospective disclosure by an online service provider of a web
browsing record only pursuant to a warrant issued using the
procedures described in subsection (a).
``(2) Time restrictions.--A warrant requiring the
prospective disclosure by an online service provider of web
browsing records may require disclosure of web browsing records
for only a period as is necessary to achieve the objective of
the disclosure, not to exceed 30 days from issuance of the
warrant. Extensions of such a warrant may be granted, but only
upon satisfaction of the showings necessary for issuance of the
warrant in the first instance.
``(j) Prospective Disclosure of Location Records.--A governmental
entity may require the prospective disclosure by an online service
provider of location information only pursuant to a warrant issued
using the procedures described in subsection (a), that satisfies the
restrictions imposed on warrants for tracking devices imposed by
section 3117 of this title and rule 41 of the Federal Rules of Criminal
Procedure.''.
SEC. 602. CONSISTENT PROTECTIONS FOR PHONE AND APP-BASED CALL AND
TEXTING RECORDS.
Section 2703(c)(2)(C) of title 18, United States Code, is amended
by striking ``local and long distance telephone connection records,
or''.
SEC. 603. EMAIL PRIVACY ACT.
(a) Short Title.--This section may be cited as the ``Email Privacy
Act''.
(b) Voluntary Disclosure Corrections.--Section 2702 of title 18,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``while in electronic
storage by that service'' and inserting ``that
is in electronic storage with or otherwise
stored, held, or maintained by that service'';
(B) in paragraph (2)--
(i) by striking ``to the public'';
(ii) by striking ``divulge'' and inserting
``disclose''; and
(iii) by striking ``which is carried or
maintained on that service'' and inserting
``that is stored, held, or maintained by that
service''; and
(C) in paragraph (3)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``a provider of'' and
inserting ``a person or entity providing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by inserting ``wire or electronic''
before ``communication'';
(B) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of
such communication, to the subscriber or customer on whose
behalf the provider stores, holds, or maintains such
communication, or to an agent of such addressee, intended
recipient, subscriber, or customer;''; and
(C) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee,
or intended recipient of such communication, or of the
subscriber or customer on whose behalf the provider stores,
holds, or maintains such communication;''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by inserting ``wire or electronic''
before ``communications''; and
(B) by amending paragraph (2) to read as follows:
``(2) with the lawful consent of the subscriber or
customer;''.
(c) Amendments to Required Disclosure Section.--Section 2703 of
title 18, United States Code, as amended by this Act, is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``A governmental entity'' and
inserting ``Except as provided in subsections (l) and
(m), a governmental entity'';
(B) by striking ``pursuant to'' and inserting ``if
the governmental entity obtains''; and
(C) by striking ``by a court of competent
jurisdiction.'' and inserting ``that is issued by a
court of competent jurisdiction and that may indicate
the date by which the provider must make the disclosure
to the governmental entity. In the absence of a date on
the warrant indicating the date by which the provider
must make disclosure to the governmental entity, the
provider shall promptly respond to the warrant.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``A governmental
entity'' and inserting ``Except as
provided in subsections (l) and (m), a
governmental entity''; and
(II) by striking ``only when the
governmental entity--'' and inserting
``only--'';
(ii) in subparagraph (A)--
(I) by striking ``obtains a warrant
issued'' and inserting ``if the
governmental entity obtains a
warrant'';
(II) by striking ``by the
President) by a court'' and inserting
the following: ``by the President)
that--
``(i) is issued by a court'';
(III) by inserting ``and'' after
``jurisdiction;''; and
(IV) by adding at the end the
following:
``(ii) may indicate the date by which the online
service provider must make the disclosure to the
governmental entity;'';
(iii) in subparagraph (B), by inserting
``if the governmental entity'' before
``obtains'';
(iv) in subparagraph (C), by striking ``has
the consent of the subscriber or customer to
such disclosure;'' and inserting ``with the
lawful consent of the subscriber or customer;
or'';
(v) by striking subparagraph (D);
(vi) by redesignating subparagraph (E) as
subparagraph (D); and
(vii) in subparagraph (D), as so
redesignated, by striking ``seeks information''
and inserting ``as otherwise authorized''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, in response to an
administrative subpoena authorized by Federal
or State statute, a grand jury, trial, or civil
discovery subpoena, or any means available
under paragraph (1),'' after ``shall''; and
(ii) in the matter following subparagraph
(F), by striking ``of a subscriber'' and all
that follows and inserting ``of a subscriber or
customer of such online service provider.'';
(3) in subsection (d)--
(A) by striking ``the contents of a wire or
electronic communication, or'';
(B) by striking ``sought,'' and inserting
``sought''; and
(C) by striking ``section'' and inserting
``subsection''; and
(4) by adding after subsection (j), as added by section
601(c) of this Act, the following:
``(k) Notice.--Except as provided in section 2705, an online
service provider may notify a subscriber or customer of a receipt of a
warrant, court order, subpoena, or request under subsection (a), (c),
or (d) of this section.
``(l) Rule of Construction Related to Legal Process.--Nothing in
this section or in section 2702 shall modify the authorities for a
governmental entity to obtain a wire or electronic communication
(including the contents of that communication) from a provider of a
remote computing service or electronic communication service if--
``(1) the originator, addressee, or intended recipient of
such communication is an officer, director, employee, or agent
of the provider acting in their capacity as such an officer,
director, employee, or agent; or
``(2) the communication--
``(A) advertises or promotes a product or service;
and
``(B) has been made readily available to the
general public.
``(m) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of
inquiry vested in the Congress by article I of the Constitution of the
United States.''.
(d) Warrant Requirement for Stored Communications Content.--Section
2703 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``, that is in electronic storage
in an electronic communications system for one hundred
and eighty days or less,''; and
(B) by striking the last sentence;
(2) by striking subsection (b) and inserting the following:
``(b) [Repealed].''; and
(3) in subsection (d) by striking ``(b) or''.
SEC. 604. CONSISTENT PROTECTIONS FOR DEMANDS FOR DATA HELD BY
INTERACTIVE COMPUTING SERVICES.
(a) Definition.--Subsection (a) of section 2711 of title 18, United
States Code, as so designated and amended by section 601 of this Act,
is amended by adding at the end the following:
``(8) the term `online service provider' means a provider
of electronic communication service, a provider of remote
computing service, or a provider of an interactive computer
service (as defined in section 230(f) of the Communications Act
of 1934 (47 U.S.C. 230(f))); and''.
(b) Required Disclosure.--Section 2703 of title 18, United States
Code, is amended--
(1) in subsection (a), in the first sentence, by striking
``a provider of electronic communication service'' and
inserting ``an online service provider'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``a provider of
electronic communication service or remote computing
service'' and inserting ``an online service provider'';
and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``A provider of
electronic communication service or remote computing
service'' and inserting ``An online service provider'';
and
(3) in subsection (g), by striking ``a provider of
electronic communications service or remote computing service''
and inserting ``an online service provider''.
SEC. 605. CONSISTENT PROTECTIONS FROM FEDERAL LAW ENFORCEMENT FOR REAL-
TIME AND HISTORICAL METADATA.
Chapter 206 of title 18, United States Code, is amended--
(1) in section 3122(b), by striking paragraph (2) and
inserting the following:
``(2)(A) for an application submitted by an attorney for
the Government, a certification by the applicant providing
specific and articulable facts showing there are reasonable
grounds to believe that the information likely to be obtained
is relevant and material to an ongoing criminal investigation
being conducted by that agency; or''; and
(2) in section 3123(a)(1), in the first sentence--
(A) by striking ``the court shall enter'' and
inserting ``the court may enter''; and
(B) by striking ``certified to the court that the
information likely to be obtained by such installation
and use is relevant'' and inserting ``submitted a
certification providing specific and articulable facts
showing there are reasonable grounds to believe that
the information likely to be obtained by such
installation and use is relevant and material''.
SEC. 606. SUBPOENAS FOR CERTAIN SUBSCRIBER INFORMATION.
Section 2703(c)(2) of title 18, United States Code, is amended, in
the matter following subparagraph (F), as amended by section 603(c) of
this Act, by inserting ``with respect to whom the governmental entity
identifies the name, address, temporarily assigned network address, or
account identifier (such as a user name)'' before the period at the
end.
SEC. 607. MINIMIZATION STANDARDS FOR VOLUNTARY DISCLOSURE OF CUSTOMER
COMMUNICATIONS OR RECORDS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue and make
publicly available minimization procedures applicable to disclosures to
a Federal agency under paragraph (5) or (8) of subsection (b) or
paragraph (3) or (4) of subsection (c) of section 2702 of title 18,
United States Code.
(b) Contents.--The procedures issued under subsection (a) shall
include provisions to--
(1) limit, to the greatest extent possible, the
acquisition, use, and dissemination of the contents of
communication and records and other information to that which
is required for the specific purpose for which the disclosure
was intended;
(2) to the greatest extent possible, remove personally
identifiable information prior to acquisition;
(3) to the extent personally identifiable information
cannot be removed prior to acquisition, mask such information
prior to its use or dissemination, consistent with the purpose
for which the disclosure was intended; and
(4) ensure that no contents of communications or records or
other information are retained by the agency to which the
disclosure was made, or any agency to which the contents of
communications or records or other information were disclosed,
after the completion of the investigation or action for which
the disclosure was intended.
SEC. 608. CONSISTENT PRIVACY PROTECTIONS FOR DATA HELD BY DATA BROKERS.
Section 2703 of title 18, United States Code, as amended by section
603 of this Act, is amended by adding at the end the following:
``(n) Covered Personal Data.--
``(1) Definitions.--In this subsection, the terms `covered
personal data' and `covered organization' have the meanings
given such terms in section 2702(e).
``(2) Limitation.--Unless a governmental entity obtains an
order in accordance with paragraph (3), the governmental entity
may not require a covered organization that is not an online
service provider to disclose covered personal data if a court
order would be required for the governmental entity to require
an online service provider to disclose such covered personal
data that is a record of a customer or subscriber of the online
service provider.
``(3) Orders.--
``(A) In general.--A court may only issue an order
requiring a covered organization that is not an online
service provider to disclose covered personal data on
the same basis and subject to the same limitations as
would apply to a court order to require disclosure by
an online service provider.
``(B) Standard.--For purposes of subparagraph (A),
a court shall apply the most stringent standard under
Federal statute or the Constitution of the United
States that would be applicable to a request for a
court order to require a comparable disclosure by an
online service provider of comparable records of a
customer or subscriber of the online service
provider.''.
SEC. 609. PROTECTION OF DATA ENTRUSTED TO INTERMEDIARY OR ANCILLARY
SERVICE PROVIDERS.
(a) Definition.--Subsection (a) of section 2711 of title 18, United
States Code, as so designated and amended by sections 601 and 604 of
this Act, is amended by adding at the end the following:
``(9) the term `intermediary or ancillary service provider'
means an entity or facilities owner or operator that directly
or indirectly delivers, transmits, stores, or processes
communications or any other covered personal data (as defined
in section 2702(e) of this title) for, or on behalf of, an
online service provider.''.
(b) Prohibition.--Section 2702(a) of title 18, United States Code,
is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)(B), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) an intermediary or ancillary service provider may not
knowingly disclose--
``(A) to any person or entity the contents of a
communication while in electronic storage by that
intermediary or ancillary service provider; or
``(B) to any governmental entity a record or other
information pertaining to a subscriber to or customer
of, a recipient of a communication from a subscriber to
or customer of, or the sender of a communication to a
subscriber to or customer of, the online service
provider for, or on behalf of, which the intermediary
or ancillary service provider directly or indirectly
delivers, transmits, stores, orOfficial legislative text sourced from the public record (cached on CivicsHQ). Display truncated for length.
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
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Sponsors
- Rep. Davidson, Warren [R-OH-8]RHouseOH
Votes
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