,,ii #aaith ,,congress #b;d ,session ,s4 #djhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ab1 #bjbf,mr4 ,wyden 7for himself1 ,mr4 ,lee1 ,ms4 ,warren1 and ,ms4 ,lummis7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to implement reforms relating to foreign intelligence surveillance authorities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,government ,surveillance ,reform ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,protections for ,united ,states persons whose communications are collected under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh,sec4 #aja4 ,protections related to warrantless queries for the communications of ,united ,states persons and persons located in the ,united ,states4,sec4 #ajb4 ,limitation on use of information obtained under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh relating to ,united ,states persons and persons located in the ,united ,states in criminal1 civil1 and administrative actions4,sec4 #ajc4 ,prohibition on reverse targeting of ,united ,states persons and persons located in the ,united ,states4,sec4 #ajd4 ,data retention limits for information collected under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh4,sec4 #aje4 ,foreign ,intelligence ,surveillance ,court supervision of demands for technical assistance from electronic communication service providers under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh4,sec4 #ajf4 ,prohibition on warrantless acquisition of domestic communications pursuant to section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh4,sec4 #ajg4 ,requirement of primary foreign intelligence purpose4,sec4 #ajh4 ,reports to ,congress on sensitive queries4,sec4 #aji4 ,repeal of expanded definition of electronic communication service provider4,sec4 #aaj4 ,repeal of expanded querying requirements for persons traveling to the ,united ,states4,sec4 #aaa4 ,four-year extension of section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh4,,title ,,ii--,fourth ,amendment is ,not ,for ,sale ,act,sec4 #bja4 ,prohibition on ,federal law enforcement purchase of personal data from data brokers4,,title ,,iii--,additional reforms relating to activities under the ,foreign ,intelligence ,surveillance ,act of #aigh,sec4 #cja4 ,court supervision of collection targeting ,united ,states persons and persons located inside the ,united ,states4,sec4 #cjb4 ,consistent disclosures of relevant information in title ,v and other ,,fisa applications4,sec4 #cjc4 ,strengthening accuracy procedures4,sec4 #cjd4 ,clarification regarding treatment of information and evidence acquired under the ,foreign ,intelligence ,surveillance ,act of #aigh4,sec4 #cje4 ,sunset on grandfather clause of section #bae of the ,,usa ,,patriot ,act4,sec4 #cjf4 ,written record of ,department of ,justice interactions with ,foreign ,intelligence ,surveillance court4,sec4 #cjg4 ,appointment of amici curiae and access to information4,sec4 #cjh4 ,declassification of significant decisions1 orders1 and opinions4,sec4 #cji4 ,clarification of ,foreign ,intelligence ,surveillance ,court jurisdiction over records of the court and other ancillary matters4,sec4 #caj4 ,grounds for determining injury in fact in civil actions relating to surveillance under the ,foreign ,intelligence ,surveillance ,act of #aigh or pursuant to executive authority4,sec4 #caa4 ,accountability procedures for violations by ,federal employees4,sec4 #cab4 ,reforms to the exclusive means limitations under the ,foreign ,intelligence ,surveillance ,act of #aigh4,,title ,,iv--,reforms related to surveillance conducted for foreign intelligence purposes other than under the ,foreign ,intelligence ,surveillance ,act of #aigh,sec4 #dja4 ,definitions4,sec4 #djb4 ,protections related to warrantless queries for the communications of ,united ,states persons and persons located in the ,united ,states4,sec4 #djc4 ,prohibition on reverse targeting of ,united ,states persons and persons located in the ,united ,states4,sec4 #djd4 ,prohibition on intelligence acquisition of ,united ,states person data4,sec4 #dje4 ,prohibition on the warrantless acquisition of domestic communications4,sec4 #djf4 ,data retention limits4,sec4 #djg4 ,reports on violations of law or ,executive order4,,title ,v--,independent oversight,sec4 #eja4 ,inspector ,general oversight of orders under the ,foreign ,intelligence ,surveillance ,act of #aigh4,sec4 #ejb4 ,intelligence community parity and communications with ,privacy and ,civil ,liberties ,oversight ,board4,sec4 #ejc4 ,congressional oversight of grants of immunity by the ,attorney ,general for warrantless surveillance assistance4,,title ,,vi--,reforms to the ,electronic ,communications ,privacy ,act of #aihf,sec4 #fja4 ,warrant protections for location information1 web browsing records1 and search query records4,sec4 #fjb4 ,consistent protections for phone and app-based call and texting records4,sec4 #fjc4 ,email ,privacy ,act4,sec4 #fjd4 ,consistent protections for demands for data held by interactive computing services4,sec4 #fje4 ,consistent protections from ,federal law enforcement for real-time and historical metadata4,sec4 #fjf4 ,subpoenas for certain subscriber information4,sec4 #fjg4 ,minimization standards for voluntary disclosure of customer communications or records4,sec4 #fjh4 ,consistent privacy protections for data held by data brokers4,sec4 #fji4 ,protection of data entrusted to intermediary or ancillary service providers4,sec4 #faj4 ,modernizing criminal surveillance reports4,sec4 #faa4 ,limitation of amendments to ,federal departments and agencies4,,title ,,vii--,protection of car data from ,federal warrantless searches,sec4 #gja4 ,protection of car data from ,federal warrantless searches4,,title ,,viii--,intelligence transparency,sec4 #hja4 ,enhanced annual reports by ,director of the ,administrative ,office of the ,united ,states ,courts4,sec4 #hjb4 ,enhanced annual reports by ,director of ,national ,intelligence4,sec4 #hjc4 ,annual reporting on accuracy and completeness of applications4,sec4 #hjd4 ,allowing more granular aggregate reporting by recipients of foreign intelligence surveillance orders4,sec4 #hje4 ,report on use of foreign intelligence surveillance authorities regarding protected activities and protected classes4,sec4 #hjf4 ,publication of estimates regarding communications collected under certain provisions of ,foreign ,intelligence ,surveillance ,act of #aigh4,sec4 #hjg4 ,enhanced reporting of assessments of compliance with emergency order requirements under certain provisions of the ,foreign ,intelligence ,surveillance ,act of #aigh4,,title ,,ix--,severability and limited delays in implementation,sec4 #ija4 ,rule of construction with respect to ,state and local law enforcement authorities4,sec4 #ijb4 ,severability4,sec4 #ijc4 ,limited delays in implementation4 #b4 ,definitions 7a7 ,amendments to ,foreign ,intelligence ,surveillance ,act of #aigh 7#a7 ,in general ,section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja7 is amended by adding at the end the following3 7q7 ,the term ,foreign ,intelligence ,surveillance ,court means the court established under section #ajc7;a74 7r7 ,the terms ,foreign ,intelligence ,surveillance ,court of ,review and ,court of ,review mean the court established under section #ajc7;b74 7s7 ,the term appropriate committees of ,congress means-- 7#a7 the congressional intelligence committees 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc772 7#b7 the ,committee on the ,judiciary of the ,senate2 and 7#c7 the ,committee on the ,judiciary of the ,house of ,representatives4 4 7#b7 ,title ,,vii ,section #gja7;b7 of such title 7#ej ,u4,s4,c4 #ahha7 is amended by adding at the end the following new paragraph3 7#f7 ,covered person ,the term covered person means1 with respect to a query1 a communication1 an acquisition1 or creation of information1 a person who is-- 7,a7 a ,united ,states person2 or 7,b7 a person known or believed to be located in the ,united ,states-- 7i7 at the time of the applicable query2 or 7ii7 at the time of the acquisition1 communication1 or creation of the information subject to the applicable query4 4 7#c7 ,conforming amendments ,such ,act 7#ej ,u4,s4,c4 #ahja et seq47 is amended-- 7,a7 in section #ajb7;a77#c7 7#ej ,u4,s4,c4 #ahjb7;a77#c771 by striking the court established under section #ajc7;a7 and inserting the ,foreign ,intelligence ,surveillance ,court2 7,b7 in section #ajc 7#ej ,u4,s4,c4 #ahjc7-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#b77;,a71 by striking ,the court established under this subsection and inserting ,the ,foreign ,intelligence ,surveillance ,court2 and 7,,ii7 by striking the court established under this subsection each place it appears and inserting the ,foreign ,intelligence ,surveillance ,court2 7ii7 in subsection 7g7-- 7,i7 in paragraph 7#b7-- 7aa7 in subparagraph 7,a71 by striking the court established pursuant to subsection 7a7 and inserting the ,foreign ,intelligence ,surveillance ,court2 and 7bb7 in subparagraph 7,b71 by striking the court of review established pursuant to subsection 7b7 and inserting the ,foreign ,intelligence ,surveillance ,court of ,review2 and 7,,ii7 in paragraph 7#a71 by striking ,the courts established pursuant to subsections 7a7 and 7b7 and inserting ,the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review2 7iii7 in subsection 7h71 by striking a court established under this section and inserting the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review2 7iv7 in subsection 7i7-- 7,i7 in paragraph 7#a71 by striking the courts established under subsections 7a7 and 7b7 and inserting the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review2 7,,ii7 in paragraph 7#c77;,b71 in the first sentence1 by striking the courts and inserting the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review2 7,,iii7 in paragraph 7#e71 by striking the court and inserting the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review1 as the case may be12 7,,iv7 in paragraph 7#f71 by striking the court each place it appears and inserting the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review2 7,v7 by striking a court established under subsection 7a7 or 7b7 each place it appears and inserting the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review2 and 7,,vi7 by striking ,a court established under subsection 7a7 or 7b7 each place it appears and inserting ,the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review2 7v7 in subsection 7j7-- 7,i7 by striking a court established under subsection 7a7 and inserting the ,foreign ,intelligence ,surveillance ,court2 and 7,,ii7 by striking the court determines and inserting the ,foreign ,intelligence ,surveillance ,court determines2 7vi7 by striking the court established under subsection 7a7 each place it appears and inserting the ,foreign ,intelligence ,surveillance ,court2 and 7vii7 by striking the court established under subsection 7b7 each place it appears and inserting the ,foreign ,intelligence ,surveillance ,court of ,review2 7,c7 in section #aje7;c77#c7 7#ej ,u4,s4,c4 #ahje7;c77#c771 by striking the court each place it appears and inserting the ,foreign ,intelligence ,surveillance ,court2 7,d7 in section #dja7a7 7#ej ,u4,s4,c4 #ahda7a771 by striking 1 and ,state and inserting ,state1 ,foreign ,intelligence ,surveillance ,court1 and ,foreign ,intelligence ,surveillance ,court of ,review2 7,e7 in section #djb 7#ej ,u4,s4,c4 #ahdb7-- 7i7 in subsection 7b77#a71 by striking the court established by section #ajc7;a7 of this ,act and inserting the ,foreign ,intelligence ,surveillance ,court2 and 7ii7 in subsection 7h77#b71 by striking the court established under section #ajc7;a7 and inserting the ,foreign ,intelligence ,surveillance ,court2 7,f7 in section #ejb7;b77#a77;,a71 by striking the court established by section #ajc7;a7 of this ,act and inserting the ,foreign ,intelligence ,surveillance ,court 7as defined by section #aja72 7,g7 in section #hja 7#ej ,u4,s4,c4 #ahhe7-- 7i7 in paragraph 7#h77;,b77i71 by striking the court established under section #ajc7;a7 and inserting the ,foreign ,intelligence ,surveillance ,court2 and 7ii7 by adding at the end the following new paragraph3 7#aj7 ,foreign ,intelligence ,surveillance ,court ,the term ,foreign ,intelligence ,surveillance ,court means the court established under section #ajc7;a74 2 and 7,h7 in section #hjb7;a77#a7 7#ej ,u4,s4,c4 #ahhe;a7a77#a771 by striking the court established under section #ajc7;a7 and inserting the ,foreign ,intelligence ,surveillance ,court4 7b7 ,terms used in this ,act ,in this ,act-- 7#a7 the terms appropriate committees of ,congress1 ,foreign ,intelligence ,surveillance ,court1 and ,foreign ,intelligence ,surveillance ,court of ,review have the meanings given such terms in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja71 as amended by subsection 7a77#a72 and 7#b7 the term covered person has the meaning given such term in section #gja of such ,act 7#ej ,u4,s4,c4 #ahha71 as amended by subsection 7a77#b74 ,i ,protections for ,united ,states persons whose communications are collected under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh #aja4 ,protections related to warrantless queries for the communications of ,united ,states persons and persons located in the ,united ,states 7a7 ,in general ,section #gjb7;f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7f77 is amended-- 7#a7 in paragraph 7#a77;,a71 by inserting and the limitations and requirements in this subsection after ,constitution of the ,united ,states2 7#b7 in paragraph 7#e7-- 7,a7 in subparagraph 7,b71 by striking means and all that follows through the period and inserting the following3 means the use of #a or more terms1 whether conducted through manual or automated means1 to retrieve any information acquired under this section1 including retrieval from a subset of such information1 whether that subset was created by retrieval through a query or other means42 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,the term covered information means-- 7i7 communications content2 and 7ii7 information1 the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the ,united ,states4 7,c7 ,the term covered query means a query that is conducted-- 7i7 using a term associated with #a or more covered persons2 or 7ii7 for a significant purpose of retrieving information of or concerning #a or more covered persons4 2 and 7#c7 by adding at the end the following3 7#g7 ,prohibition on warrantless queries for the communications and other information of ,united ,states persons and persons located in the ,united ,states 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 no officer or employee of the ,federal ,government may access covered information returned in response to a covered query4 7,b7 ,exceptions for concurrent authorization1 consent1 emergency situations1 and certain defensive cybersecurity queries ,subparagraph 7,a7 shall not apply if-- 7i7 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 #aje or #cjd of this ,act1 or a warrant issued pursuant to the ,federal ,rules of ,criminal ,procedure by a court of competent jurisdiction1 if-- 7,i7 such order1 authorization1 or warrant covers the period of the covered query2 and 7,,ii7 the covered query is conducted and covered information is accessed in compliance with all use1 dissemination1 querying1 retention1 and other minimization limitations required by the order1 authorization1 or warrant2 7ii7 7,i7 the officer or employee accessing the covered information has a reasonable belief that-- 7aa7 an emergency exists involving an imminent threat of death or serious bodily harm2 and 7bb7 in order to prevent or mitigate the threat described in item 7aa71 the covered information must be accessed before authorization described in clause 7i7 can1 with due diligence1 be obtained2 and 7,,ii7 not later than #ad days after the covered information is accessed1 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 ,congress2 7iii7 the covered person to whom the covered query relates or1 if such person is incapable of providing consent1 a third party legally authorized to consent on behalf of such person1 has provided consent for the access on a case-by-case basis2 or 7iv7 7,i7 the covered information is accessed and used for defensive cybersecurity purposes1 including the protection of a covered person from cybersecurity attack2 7,,ii7 other than for such defensive cybersecurity purposes1 no covered information is accessed or reviewed2 and 7,,iii7 not later than #ad days after the covered information is accessed1 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 ,congress4 7,c7 ,matters relating to emergency queries 7i7 ,treatment of denials ,if covered information is accessed pursuant to an emergency authorization described in subparagraph 7,b77i7 and the subsequent application to authorize electronic surveillance1 a physical search1 or an acquisition pursuant to section #aje7;e7 or section #cjd7;e7 of this ,act is denied1 or in any other case in which covered information is accessed in violation of this paragraph-- 7,i7 no covered information accessed1 or information or evidence derived from such access may be used1 received in evidence1 or otherwise disseminated in any investigation1 trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof2 and 7,,ii7 no covered information accessed may subsequently be used or disclosed in any other manner without the consent of such person1 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 #ad days of such approval1 a description of the circumstances justifying the approval is provided to the ,foreign ,intelligence ,surveillance ,court and the appropriate committees of ,congress4 7ii7 ,assessment of compliance ,not less frequently than once each year1 the ,attorney ,general shall assess compliance with the requirements under clause 7i74 7,d7 ,foreign intelligence purpose required for queries 7i7 ,in general ,except as provided in clause 7ii71 no officer or employee of the ,federal ,government may conduct a query unless the query is-- 7,i7 reasonably likely to retrieve foreign intelligence information2 and 7,,ii7 is made with a significant foreign intelligence purpose4 7ii7 ,exceptions ,an officer or employee of the ,federal ,government is permitted to conduct a query if an exception described in clauses 7i7 and 7ii7 of paragraph 7#b77;,b7 applies4 7,e7 ,documentation ,no officer or employee of the ,federal ,government may conduct a query1 or access covered information returned in response to a covered query1 unless an electronic record is created that includes-- 7i7 for each query-- 7,i7 each term used for the conduct of the query2 7,,ii7 the date of the query2 7,,iii7 the identifier of the officer or employee who conducted the query2 and 7,,iv7 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 or1 if an exception under subparagraph 7,d77ii7 applies1 a description of the basis for such exception2 and 7ii7 for each access-- 7,i7 the date of the access2 7,,ii7 the identifier of the officer or employee who did the particular access2 and 7,,iii7 a statement of facts showing that an access is authorized by an exception under subparagraph 7,b74 7,f7 ,query record system ,each head of an agency who is authorized to conduct a covered query shall ensure that a system1 mechanism1 or business practice is in place to maintain the records described in subparagraph 7,e71 including ensuring that any queries or accesses to covered information returned in response to covered queries1 that are conducted by automated means are attributed to the officer or employee who was the proximate cause of such query or access4 4 7b7 ,report on compliance with query record system requirement ,not later than #ij days after the date of enactment of this ,act1 each head of a ,federal agency described in section #gjb7;f77#g77;,f7 of such ,act1 as added by subsection 7a71 shall submit to the appropriate committees of ,congress a report on the compliance of the ,federal agency with the requirement of such section4 7c7 ,conforming amendments ,section #gjb7;f7 of such ,act1 as amended by subsection 7a71 is further amended-- 7#a7 in the headings for subparagraph 7,b7 of paragraph 7#a71 subparagraph 7,a7 of paragraph 7#b71 and subparagraph 7,a7 of paragraph 7#c71 by striking united states person each place it appears and inserting covered person2 7#b7 in paragraph 7#f7-- 7,a7 in the heading1 by striking non-,united ,states persons and inserting noncovered persons2 and 7,b7 by striking non-,united ,states persons and inserting noncovered persons2 and 7#c7 in paragraphs 7#a7 through 7#f71 by striking ,united ,states person each place it appears and inserting covered person4 #ajb4 ,limitation on use of information obtained under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh relating to ,united ,states persons and persons located in the ,united ,states in criminal1 civil1 and administrative actions ,paragraph 7#b7 of section #gjf7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;e7a77 is amended-- 7#a7 in the paragraph heading1 by striking ,united states persons and inserting ,covered persons2 and 7#b7 in subparagraph 7,a7-- 7,a7 by striking ,united ,states person both places it appears and inserting covered person2 7,b7 in the matter before clause 7i71 by striking in any criminal proceeding and inserting in any criminal1 civil1 or administrative proceeding2 and 7,c7 in clause 7ii71 by striking the criminal proceeding both places it appears and inserting the proceeding4 #ajc4 ,prohibition on reverse targeting of ,united ,states persons and persons located in the ,united ,states ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a71 as amended by section #aja1 is further amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7,b7 by inserting after paragraph 7#e7 the following3 7#f7 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 particular1 known covered persons1 unless-- 7,a7 7i7 there is a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm to such covered persons2 7ii7 the information is sought for the purpose of assisting those covered persons2 and 7iii7 not later than #ad days after the targeting1 a description of the targeting is provided to the ,foreign ,intelligence ,surveillance ,court and the appropriate committees of ,congress2 or 7,b7 the covered persons have provided consent to the targeting1 or if such persons are incapable of providing consent1 a third party legally authorized to consent on behalf of such covered person has provided consent2 2 7#b7 in subsection 7d77#a71 by amending subparagraph 7,a7 to read as follows3 7,a7 ensure that-- 7i7 any acquisition authorized under subsection 7a7 is limited to targeting persons reasonably believed to be non-,united ,states persons located outside the ,united ,states2 and 7ii7 except as provided in subsection 7b77#f71 it is not a significant purpose of an acquisition to acquire the information of one or more particular1 known covered persons2 and 2 7#c7 in subsection 7h77#b77;,a77i71 by amending subclause 7,i7 to read as follows3 7,i7 ensure that-- 7aa7 an acquisition authorized under subsection 7a7 is limited to targeting persons reasonably believed to be non-,united ,states persons located outside the ,united ,states2 and 7bb7 except as provided in subsection 7b77#f71 it is not a significant purpose of an acquisition to acquire the information of one or more particular1 known covered persons2 and 2 and 7#d7 in subsection 7j77#b77;,b71 by amending clause 7i7 to read as follows3 7i7 ensure that-- 7,i7 an acquisition authorized under subsection 7a7 is limited to targeting persons reasonably believed to be non-,united ,states persons located outside the ,united ,states2 and 7,,ii7 except as provided in subsection 7b77#f71 it is not a significant purpose of an acquisition to acquire the information of one or more particular1 known covered persons2 and 4 #ajd4 ,data retention limits for information collected under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,in general ,title ,,vii of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha et seq47 is amended by adding at the end the following3 #gaj4 ,data retention limits 7a7 ,policy ,the ,attorney ,general shall develop1 and the heads of the elements of the intelligence community shall implement1 procedures governing the retention of information collected pursuant to section #gjb4 7b7 ,covered information ,for purposes of this section1 covered information includes-- 7#a7 any information or communication pertaining to a covered person1 including an encrypted communication to or from a covered person1 that has been evaluated and is not specifically known to contain foreign intelligence information2 and 7#b7 any unevaluated information1 unless it can reasonably be determined that the unevaluated information does not contain-- 7,a7 any information pertaining to a covered person2 or 7,b7 any communication to or from a covered person1 regardless of whether such communication is encrypted4 7c7 ,requirements ,the procedures developed and implemented pursuant to subsection 7a7 shall ensure1 with respect to information described in such subsection1 that covered information shall be destroyed within #e years of collection unless the ,attorney ,general determines in writing that-- 7#a7 the information is the subject of a preservation obligation in pending administrative1 civil1 or criminal litigation1 in which case the information shall be segregated1 retained1 and used solely for that purpose and shall be destroyed as soon as it is no longer required to be preserved for such litigation2 or 7#b7 the information is being used in a proceeding or investigation consistent with section #gjf7;a74 4 7b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #gji the following3 ,sec4 #gaj4 ,data retention limits4 4 #aje4 ,foreign ,intelligence ,surveillance ,court supervision of demands for technical assistance from electronic communication service providers under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh ,section #gjb7;i77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7i77#a77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and moving such clauses #b ems to the right2 7#b7 in the matter before clause 7i71 as redesignated by paragraph 7#a71 by striking ,with respect to and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 in carrying out 2 and 7#c7 by adding at the end the following3 7,b7 ,limitations ,neither the ,attorney ,general nor the ,director of ,national ,intelligence may direct technical assistance from an electronic communication service provider under subparagraph 7,a7 without demonstrating that the assistance sought-- 7i7 is necessary2 7ii7 is narrowly tailored to the surveillance at issue2 and 7iii7 would not pose an undue burden on the electronic communication service provider or its customers who are not intended targets of the surveillance4 7,c7 ,compliance ,an electronic communication service provider is not obligated to comply with a directive to provide technical assistance under this paragraph unless-- 7i7 such assistance is a manner or method that has been explicitly approved by the ,court2 and 7ii7 the ,court issues an order1 which has been delivered to the provider1 explicitly describing the assistance to be furnished by the provider that has been approved by the ,court4 4 #ajf4 ,prohibition on warrantless acquisition of domestic communications pursuant to section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7 is amended-- 7#a7 in subsection 7b77#d71 by striking known at the time of the acquisition and inserting known or believed at the time of acquisition or communication2 7#b7 in subsection 7d77#a77;,b71 by striking known at the time of the acquisition and inserting known or believed at the time of acquisition or communication2 7#c7 in subsection 7h77#b77;,a77i77,,ii71 by striking known at the time of the acquisition and inserting known or believed at the time of acquisition or communication2 and 7#d7 in subsection 7j77#b77;,b77ii71 by striking known at the time of the acquisition and inserting known or believed at the time of acquisition or communication4 #ajg4 ,requirement of primary foreign intelligence purpose ,section #gjb7;h77#b77;,a77v7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7h77#b77;,a77v77 is amended by striking a significant and inserting the primary4 #ajh4 ,reports to ,congress on sensitive queries ,section #gjb7;f77#c77;,d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7f77#c77;,d77 is amended by adding at the end the following3 7vii7 ,reports to ,congress ,not less frequently than once each year1 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 report1 disaggregated by the subclause of clause 7ii7 under which the queries were approved4 4 #aji4 ,repeal of expanded definition of electronic communication service provider 7a7 ,definition with respect to additional procedures regarding certain persons outside the ,united ,states ,section #gja7;b77#d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha7;b77#d77 is amended-- 7#a7 in subparagraph 7,f7-- 7,a7 by striking custodian12 and 7,b7 by striking 7,d71 or 7,e7 and inserting or 7,d72 7#b7 by striking subparagraph 7,e72 7#c7 in subparagraph 7,d71 by striking the semicolon and inserting 2 or2 and 7#d7 by redesignating subparagraph 7,f7 as subparagraph 7,e74 7b7 ,definition with respect to protection of persons assisting the ,government ,section #hja7f7 of such ,act 7#ej ,u4,s4,c4 #ahhe7f77 is amended-- 7#a7 in subparagraph 7,g7-- 7,a7 by striking custodian12 and 7,b7 by striking 7,e71 or 7,f7 and inserting or 7,e72 7#b7 by striking subparagraph 7,e72 7#c7 in subparagraph 7,f71 by striking the semicolon and inserting 2 or2 and 7#d7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,e7 and 7,f71 respectively4 7c7 ,treatment of certain section #gjb directives ,any directive issued pursuant to section #gjb7;i7 of such ,act 7#ej ,u4,s4,c4 #ahha;a7i77 to a person who was considered an electronic communication service provider pursuant to section #gja7;b77#d7 of such ,act 7#ej ,u4,s4,c4 #ahha7;b77#d77 as such section was in effect during the period beginning on ,april #bj1 #bjbd1 and ending on the date of the enactment of this ,act1 but is not an electronic communication service provider pursuant to such section as in effect after the date of the enactment of this ,act1 shall be considered null and void4 #aaj4 ,repeal of expanded querying requirements for persons traveling to the ,united ,states ,section #gjb7;f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7f771 as amended by section #aja1 is further amended-- 7#a7 by striking paragraph 7#f72 and 7#b7 by redesignating paragraph 7#g71 as added by section #aja1 as paragraph 7#f74 #aaa4 ,four-year extension of section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,extension ,section #djc7;b7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa7 is amended-- 7#a7 in paragraph 7#a7 7#ej ,u4,s4,c4 #ahha-ahha;g note7-- 7,a7 by striking effective two years after the date of enactment of the ,reforming ,intelligence and ,securing ,america ,act and inserting effective ,april #bj1 #bjcj2 and 7,b7 by striking and the ,reforming ,intelligence and ,securing ,america ,act and inserting 1 the ,reforming ,intelligence and ,securing ,america ,act1 and the ,government ,surveillance ,reform ,act of #bjbf2 and 7#b7 in paragraph 7#b7 7#ah ,u4,s4,c4 #beaa note71 in the matter preceding subparagraph 7,a71 by striking two years after the date of enactment of the ,reforming ,intelligence and ,securing ,america ,act and inserting ,april #bj1 #bjcj4 7b7 ,conforming amendments ,section #djd7;b7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #ej ,u4,s4,c4 #ahja note7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking two years after the date of enactment of the reforming intelligence and securing america act and inserting ,april #bj1 #bjcj2 and 7,b7 by striking and the ,reforming ,intelligence and ,securing ,america ,act and inserting 1 the ,reforming ,intelligence and ,securing ,america ,act1 and the ,government ,surveillance ,reform ,act of #bjbf2 and 7#b7 in paragraph 7#b71 in the matter before subparagraph 7,a71 by striking and the ,reforming ,intelligence and ,securing ,america ,act and inserting 1 the ,reforming ,intelligence and ,securing ,america ,act1 and the ,government ,surveillance ,reform ,act of #bjbf4 ,,ii ,fourth ,amendment is ,not ,for ,sale ,act #bja4 ,prohibition on ,federal law enforcement purchase of personal data from data brokers ,section #bgjb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,prohibition on obtaining in exchange for anything of value personal data by ,federal law enforcement agencies 7#a7 ,definitions ,in this subsection and subsections 7f7 and 7g7-- 7,a7 the term biometric information-- 7i7 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 biological1 physical1 or physiological characteristics1 including-- 7,i7 fingerprints2 7,,ii7 voice prints2 7,,iii7 iris or retina imagery scans2 7,,iv7 facial or hand mapping1 geometry1 or templates2 and 7,v7 gait2 and 7ii7 does not include-- 7,i7 a digital or physical photograph2 7,,ii7 an audio or video recording2 or 7,,iii7 data derived from a digital or physical photograph or an audio or video recording that cannot be used to identify or authenticate a specific individual2 7,b7 the term covered organization means a person who-- 7i7 is not a governmental entity2 and 7ii7 is not an individual1 unless such individual is an agent of1 or otherwise acting on behalf of1 a person who is not a governmental entity and is not an individual2 7,c7 the term covered person means an individual who-- 7i7 is reasonably believed to be located inside the ,united ,states at the time of the creation of the covered personal data2 or 7ii7 is a ,united ,states person1 as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja72 7,d7 the term covered personal data means personal data relating to a covered person2 7,e7 the term electronic device has the meaning given the term computer in section #ajcj7;e72 7,f7 the term ,federal law enforcement agency means a law enforcement agency of a department or agency of the ,united ,states2 7,g7 the term lawfully obtained public data means covered personal data obtained by a particular covered organization-- 7i7 that the covered organization reasonably understood to have been voluntarily made available to the general public by the covered person2 7ii7 that the covered organization obtained in compliance with all applicable laws and regulations2 and 7iii7 if the covered organization did not initially obtain the covered personal data after the covered personal data was made available to the general public-- 7,i7 that the covered organization reasonably understood to have been obtained in compliance with all applicable laws and regulations by-- 7aa7 the person that initially obtained the covered personal data2 and 7bb7 if the covered organization did not obtain the covered personal data from the person described in item 7aa71 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 organization2 and 7,,ii7 with respect to which the covered organization receives an attestation under penalty of perjury-- 7aa7 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 regulations2 and 7bb7 if the covered organization did not obtain the covered personal data from the person described in item 7aa71 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 data2 7,h7 the term obtain in exchange for anything of value means to obtain by purchasing1 to receive in connection with services being provided for monetary or nonmonetary consideration1 or to otherwise obtain in exchange for consideration1 including an access fee1 service fee1 maintenance fee1 or licensing fee2 7,i7 the term personal data-- 7i7 means data1 derived data1 or any unique identifier that is linked to1 or is reasonably linkable to1 an individual or to an electronic device that is linked to1 or is reasonably linkable to1 #a or more individuals in a household2 7ii7 includes anonymized data that1 if combined with other data1 can be linked to1 or is reasonably linkable to1 an individual or to an electronic device that identifies1 is linked to1 or is reasonably linkable to #a or more individuals in a household2 and 7iii7 does not include data that is lawfully available through ,federal1 ,state1 or local government records or through widely distributed media2 and 7,j7 the term ,state or local law enforcement agency means a law enforcement department or agency of a ,state1 or a political subdivision of a ,state4 7#b7 ,limitation 7,a7 ,in general 7i7 ,prohibition ,subject to clauses 7ii7 through 7vii71 a ,federal law enforcement agency may not obtain in exchange for anything of value covered personal data if-- 7,i7 the covered personal data is directly or indirectly obtained from a covered organization2 or 7,,ii7 the covered personal data is derived from covered personal data that was directly or indirectly obtained from a covered organization4 7ii7 ,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 persons1 if-- 7,i7 the ,federal law enforcement agency is unable through reasonable means to exclude covered personal data from the larger compilation obtained2 and 7,,ii7 the ,federal law enforcement agency minimizes any covered personal data from the larger compilation1 in accordance with the requirements described in1 and the procedures established under1 subsection 7f74 7iii7 ,exception for whistleblower disclosures to law enforcement ,clause 7i7 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 ,government1 such as the program authorized under section #gfbc of the ,internal ,revenue ,code of #aihf 7relating to awards to whistleblowers in cases of underpayments or fraud74 7iv7 ,exception for cost reimbursement under compulsory legal process ,clause 7i7 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-- 7,i7 is established by statute2 and 7,,ii7 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 agency1 such as the reimbursement of costs under section #bgjf4 7v7 ,exception for employment-related use ,clause 7i7 shall not apply to covered personal data about an employee of1 or applicant for employment by1 a ,federal law enforcement agency that is-- 7,i7 obtained by the ,federal law enforcement agency for lawful employment-related purposes2 7,,ii7 accessed and used by the ,federal law enforcement agency only for such employment-related purposes2 and 7,,iii7 destroyed at such time as the covered personal data is no longer needed for employment-related purposes4 7vi7 ,exception for use in background checks ,clause 7i7 shall not apply to covered personal data about a covered person that is-- 7,i7 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 person2 7,,ii7 accessed and used by the ,federal law enforcement agency only for background check-related purposes2 and 7,,iii7 destroyed at such time as the covered personal data is no longer needed for background check-related purposes4 7vii7 ,exception for lawfully obtained public data 7,i7 ,in general ,except as provided in subclause 7,,ii7 or 7,,iii7 of this clause1 clause 7i7 shall not apply to covered personal data that is obtained by a ,federal law enforcement agency if-- 7aa7 the ,federal law enforcement agency reasonably believes that-- 7,,aa7 the covered personal data is lawfully obtained public data2 or 7,,bb7 the covered personal data is derived from covered personal data that solely consists of lawfully obtained public data2 and 7bb7 the ,federal law enforcement agency receives-- 7,,aa7 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 data2 and 7,,bb7 each attestation described in paragraph 7#a77;,g77iii7 with respect to the lawfully obtained public data4 7,,ii7 ,exception for biometric information ,the exception under subclause 7,i7 shall not apply to biometric information4 7,,iii7 ,exception for location information ,the exception under subclause 7,i7 shall not apply to location information4 7,b7 ,indirectly acquired records and information ,the limitation under subparagraph 7,a7 shall apply without regard to whether the covered organization possessing the covered personal data is the covered organization that initially obtained1 collected1 or received the disclosure of the covered personal data4 7#c7 ,limit on sharing between agencies 7,a7 ,in general -,a ,federal law enforcement agency may not acquire1 receive1 query1 or otherwise obtain or access covered personal data from any governmental entity 7without regard to whether the governmental entity is a ,federal entity71 if the covered personal data was obtained by that governmental entity in a manner that would violate paragraph 7#b7 if the ,federal law enforcement agency directly obtained the covered personal data in a like manner4 7,b7 ,causation not required -,the prohibition in subparagraph 7,a7 shall apply without regard to whether the ,federal law enforcement agency caused the governmental entity to obtain the covered personal data4 7,c7 ,attestation required -,a ,federal law enforcement agency may only acquire1 receive1 query1 or otherwise obtain or access covered personal data from another governmental entity 7without regard to whether the governmental entity is a ,federal entity71 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 7#b7 if the ,federal law enforcement agency directly obtained the covered personal data in a like manner4 7,d7 ,destruction upon acquisition of knowledge -,if a ,federal law enforcement agency learns that the ,federal law enforcement agency previously acquired1 received1 queried1 or otherwise obtained or accessed covered personal data from any governmental entity 7without regard to whether the governmental entity is a ,federal entity7 that the governmental entity obtained in a manner described in subparagraph 7,a71 the ,federal law enforcement agency may not use or disseminate the covered personal data or any information derived from the covered personal data1 and shall promptly destroy any such covered personal data that is still retained4 7#d7 ,prohibition on use as evidence by ,federal law enforcement agencies 7,a7 ,in general ,covered personal data acquired1 received1 queried1 or otherwise obtained or accessed by a ,federal law enforcement agency in violation of paragraph 7#b7 or 7#c71 and any evidence derived therefrom1 may not be used1 received in evidence1 or otherwise disseminated by1 on behalf of1 or upon a motion or other action by a ,federal law enforcement agency in any investigation1 trial1 hearing1 or other proceeding by1 in1 or before any court1 grand jury1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof4 7,b7 ,use by aggrieved parties ,nothing in subparagraph 7,a7 shall be construed to limit the use of covered personal data by a covered person aggrieved of a violation of paragraph 7#b7 or 7#c7 in connection with any action relating to such a violation4 7f7 ,minimization procedures 7#a7 ,adoption 7,a7 ,in general ,the ,attorney ,general shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention1 and to restrict the querying1 of covered personal data1 and prohibit the dissemination of information derived from covered personal data1 which shall include procedures to enforce the requirements of paragraphs 7#b71 7#c71 and 7#d74 7,b7 ,periodic review ,not later than #c years after the date of enactment of the ,government ,surveillance ,reform ,act of #bjbf1 and every #c years thereafter1 the ,attorney ,general shall-- 7i7 review the procedures adopted under subparagraph 7,a72 7ii7 publish a determination regarding whether the procedures need to be revised1 in light of new technologies or violations of the procedures2 and 7iii7 adopt any necessary revisions to the procedures4 7#b7 ,acquisition and retention ,each ,federal law enforcement agency shall-- 7,a7 exhaust all reasonable means-- 7i7 to exclude covered personal data that is not subject to #a or more of the exceptions set forth in clauses 7iii7 through 7vii7 of subsection 7e77#b77;,a7 from the data obtained2 and 7ii7 to remove and delete covered personal data described in clause 7i7 after a compilation is obtained and before operational use of the compilation or inclusion of the compilation in a dataset intended for operational use2 and 7,b7 audit the acquisition and retention of covered personal data by the ,federal law enforcement agency on an ongoing and continuous basis1 to evaluate compliance with the procedures adopted under paragraph 7#a74 7#c7 ,destruction ,if a ,federal law enforcement agency identifies covered personal data in a compilation described in paragraph 7#b77;,a77ii71 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 prohibited4 7#d7 ,querying 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 no officer or employee of a ,federal law enforcement agency may conduct a query of personal data1 including personal data already subjected to minimization1 in an effort to find records of or about #a or more particular covered persons4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to a query related to #a or more particular covered persons if-- 7i7 such covered persons are the subject of a court order issued under this title or the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 that would authorize the ,federal law enforcement agency to compel the production of the covered personal data1 during the effective period of that order2 7ii7 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 persons1 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 purpose2 or 7iii7 such covered persons have consented to the query4 7,c7 ,special rule for compilations of data ,for a query of a compilation of data obtained under subsection 7e77#b77;,a77ii7-- 7i7 each query shall be reasonably designed to exclude personal data of covered persons2 and 7ii7 any personal data of covered persons returned pursuant to a query shall not be reviewed and shall immediately be destroyed4 7g7 ,transparency requirements 7#a7 ,definition of covered ,federal funds ,in this subsection1 the term covered ,federal funds means-- 7,a7 funds provided under the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq472 7,b7 funds provided through the ,office of ,community ,oriented ,policing ,services2 7,c7 funds received under an in-kind grant made under section #begf of title #aj2 7,d7 funds received under an in-kind grant made via a transfer made under section #iha of this title2 or 7,e7 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 7,a7 through 7,d74 7#b7 ,reporting ,if a ,state or local law enforcement agency1 using any means or facility of interstate or foreign commerce1 through activities in or affecting interstate or foreign commerce1 or by using covered ,federal funds1 obtains covered personal data in a manner that would violate subsection 7e77#b7 if obtained by a ,federal law enforcement agency in a like manner1 the ,state or local law enforcement agency shall publicly report1 not less frequently than once per year-- 7,a7 the total amount in dollars of anything of value exchanged for such covered personal data during the preceding year1 which shall be disaggregated into money directly exchanged and the estimated value of the other things of value that were exchanged2 7,b7 the categories of covered personal data obtained in such a manner in the preceding year1 including whether the agency obtained location information1 biometric information1 web browsing data1 or metadata of communications2 and 7,c7 an estimate of the total number of covered persons whose covered data was obtained in such a manner in the preceding year4 4 ,,iii ,additional reforms relating to activities under the ,foreign ,intelligence ,surveillance ,act of #aigh #cja4 ,court supervision of collection targeting ,united ,states persons and persons located inside the ,united ,states 7a7 ,in general ,title ,,vii of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha et seq47 is amended-- 7#a7 by striking sections #gjc1 #gjd1 and #gje 7#ej ,u4,s4,c4 #ahha;b1 #ahha;c1 and #ahha;d72 and 7#b7 by inserting after section #gjb 7#ej ,u4,s4,c4 #ahha;a7 the following3 #gjc4 ,acquisitions targeting ,united ,states persons and persons located inside the ,united ,states 7a7 ,warrant requirement ,no officer or employee of the ,federal ,government may intentionally target a covered person for the purpose of acquiring foreign intelligence information1 where such acquisition would be of communications content1 location information1 web browsing history1 or internet search history of the covered person1 or the acquisition would occur under circumstances in which the person has a reasonable expectation of privacy1 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 purposes1 unless such person is the subject of-- 7#a7 an order or emergency authorization under section #aje or #cjd of this ,act covering the period of the acquisition and the acquisition is subject to the use1 dissemination1 querying1 retention1 and other minimization limitations required by such order or authorization2 or 7#b7 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 use1 dissemination1 querying1 retention1 and other minimization limitations required by such warrant4 7b7 ,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 device1 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 ,states1 unless such person is the subject of-- 7#a7 an order or emergency authorization under title ,,iv of this ,act covering the period of the acquisition and the acquisition is subject to the use1 dissemination1 querying1 retention1 and other minimization limitations required by such authorization2 or 7#b7 an order has been issued pursuant to section #cabc of title #ah1 ,united ,states ,code1 by a court of competent jurisdiction covering the period of the acquisition4 7c7 ,matters relating to emergency acquisition ,if an acquisition is conducted pursuant to an emergency authorization described in subsection 7a77#a7 or 7b77#a7 and the subsequent application to authorize electronic surveillance1 a physical search1 an acquisition1 or the installation and use of a pen register or trap and trace device pursuant to section #aje7;e71 #cjd7;e71 or #djc7;a7 of this ,act is denied1 or in any other case in which the acquisition has been conducted and no order is issued approving the acquisition-- 7#a7 no information obtained or evidence derived from such acquisition may be used1 received in evidence1 or otherwise disseminated in any investigation1 trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof2 and 7#b7 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 person1 except with the approval of the ,attorney ,general1 if the information indicates a threat of death or serious bodily harm to any person4 7d7 ,rule of construction ,subsections 7a71 7b71 and 7c7 shall apply regardless of the location of the acquisition4 4 7b7 ,conforming amendments ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is further amended-- 7#a7 in section #fja7;a77#a7 7#ej ,u4,s4,c4 #ahga7;a77#a77-- 7,a7 by striking subparagraphs 7,d7 through 7,f72 and 7,b7 in subparagraph 7,b71 by striking the semicolon and inserting 2 and2 7#b7 in section #fjc7;b77#a7 7#ej ,u4,s4,c4 #ahgc7;b77#a771 in the matter before subparagraph 7,a71 by striking and sections #gjc and #gjd2 and 7#c7 in section #gjf 7#ej ,u4,s4,c4 #ahha;e71 by striking subsection 7b74 7c7 ,clerical amendment ,the table of contents for such ,act is amended-- 7#a7 by striking the items relating to sections #gjc1 #gjd1 and #gje2 and 7#b7 by inserting after the item relating to section #gjb the following3 ,sec4 #gjc4 ,acquisitions targeting ,united ,states persons and persons located inside the ,united ,states4 4 #cjb4 ,consistent disclosures of relevant information in title ,v and other ,,fisa applications 7a7 ,consistent procedures for title ,v and other ,,fisa applications ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended in section #ajd7;a77#ab71 in the matter before subparagraph 7,a71 section #cjc7;a77#aj71 in the matter before subparagraph 7,a71 and section #djb7;c77#d71 in the matter before subparagraph 7,a71 are amended by inserting 1 and that the application fairly reflects all information1 after apprised of all information each place it appears4 7b7 ,technical corrections ,such ,act is further amended-- 7#a7 in section #ajd7;a7-- 7,a7 in paragraph 7#i71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#aa71 by striking 2 and and inserting a semicolon2 and 7,c7 in paragraph 7#ab77;,b71 by striking the period at the end and inserting 2 and2 7#b7 in section #cjc7;a7-- 7,a7 in paragraph 7#i71 by striking 2 and and inserting a semicolon2 and 7,b7 in paragraph 7#aj77;,b71 by striking the period at the end and inserting 2 and2 and 7#c7 in section #ejb7;b77#b71 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,c7 and 7,d71 respectively4 #cjc4 ,strengthening accuracy procedures 7a7 ,in general ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended by adding at the end the following3 ,,ix ,required disclosure of relevant information #ija4 ,certification regarding accuracy procedures 7a7 ,definition of accuracy procedures ,in this section1 the term accuracy procedures means specific procedures1 adopted by the ,attorney ,general1 to ensure that an application for a court order under this ,act1 including any application for renewal of an existing order1 is accurate and complete1 including procedures that ensure1 at a minimum1 that-- 7#a7 the application reflects all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application1 or otherwise raises doubts about the requested findings2 7#b7 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 application2 7#c7 a complete file documenting each factual assertion in an application is maintained2 7#d7 the applicant coordinates with the appropriate elements of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc771 concerning any prior or existing relationship with the target of any surveillance1 search1 or other means of investigation1 and discloses any such relationship in the application2 7#e7 before any application targeting a ,united ,states person is made1 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 application2 and 7#f7 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 ,general4 7b7 ,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-- 7#a7 a description of the accuracy procedures employed by the officer or employee1 or their designee2 and 7#b7 a certification that the officer or employee1 or their designee1 has collected and reviewed for accuracy and completeness-- 7,a7 supporting documentation for each factual assertion contained in the application2 7,b7 all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application1 or otherwise raises doubts about the requested findings2 and 7,c7 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 application4 7c7 ,necessary ,finding for ,court ,orders ,a judge may not enter an order under this ,act unless the judge finds1 in addition to any other findings required under this ,act1 that the accuracy procedures described in the application for the order1 as required under subsection 7b77#a71 are actually accuracy procedures as defined in this section4 4 7b7 ,clerical amendment ,the table of contents of the ,foreign ,intelligence ,surveillance ,act of #aigh is amended by adding at the end the following3 ,title ,,ix--,required disclosure of relevant information#ija4 ,certification regarding accuracy procedures4 4 7c7 ,timeline ,to adopt new accuracy procedures 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall issue accuracy procedures 7as defined in section #ija7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as added by subsection 7a774 7#b7 ,repeal of accuracy procedures requirement from ,,risaa ,on the day that is #ahj days after the date of the enactment of this ,act1 paragraph 7#g7 of section #aj7;a7 of the ,reforming ,intelligence and ,securing ,america ,act 7,public ,law #aah-di2 #ej ,u4,s4,c4 #ahjd note7 is repealed4 #cjd4 ,clarification regarding treatment of information and evidence acquired under the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,in general ,section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja71 as amended by section #b7;a71 is further amended by adding at the end the following3 7t7 ,for the purposes of notification provisions of this ,act1 information or evidence is derived from an electronic surveillance1 physical search1 use of a pen register or trap and trace device1 production of tangible things1 or acquisition under this ,act when the ,government would not have originally possessed the information or evidence but for that electronic surveillance1 physical search1 use of a pen register or trap and trace device1 production of tangible things1 or acquisition1 and regardless of any claim that the information or evidence is attenuated from the surveillance or search1 would inevitably have been discovered1 or was subsequently reobtained through other means4 4 7b7 ,policies and guidance 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,attorney ,general and the ,director of ,national ,intelligence shall publish the following3 7,a7 ,policies concerning the application of subsection 7t7 of section #aja of such ,act1 as added by subsection 7a74 7,b7 ,guidance for all members of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 and all ,federal agencies with law enforcement responsibilities concerning the application of such subsection 7t74 7#b7 ,modifications ,whenever the ,attorney ,general and the ,director modify a policy or guidance published under paragraph 7#a71 the ,attorney ,general and the ,director shall publish such modifications4 #cje4 ,sunset on grandfather clause of section #bae of the ,,usa ,,patriot ,act ,section #ajb7;b77#b7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #ej ,u4,s4,c4 #ahje note7 is amended by inserting 1 except that title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as in effect on ,march #ad1 #bjbj1 shall cease to have effect on the date that is #ahj days after the date of the enactment of the ,government ,surveillance ,reform ,act of #bjbf after continue in effect4 #cjf4 ,written record of ,department of ,justice interactions with ,foreign ,intelligence ,surveillance court ,section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following3 7n7 ,written record of interactions 7#a7 ,written communications ,the ,attorney ,general shall maintain all written communications with the ,foreign ,intelligence ,surveillance ,court1 including the identity of the employees of the court to or from whom the communications were made1 regarding an application or order made under this title in a file associated with the application or order4 7#b7 ,oral communications ,the ,attorney ,general shall-- 7,a7 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 made1 relating to an application or order described in paragraph 7#a72 and 7,b7 keep such documentation in a file associated with the application or order4 4 #cjg4 ,appointment of amici curiae and access to information 7a7 ,expansion of appointment authority 7#a7 ,in general ,section #ajc7;i77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77#b77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by striking clause 7i7 and inserting the following3 7i7 shall appoint one or more individuals who have been designated under paragraph 7#a7 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 review1 unless the court issues a written finding that such application neither presents nor involves-- 7,i7 a novel or significant interpretation of the law2 7,,ii7 a significant concern related to constitutional rights2 7,,iii7 a sensitive investigative matter2 7,,iv7 a request for approval of a new program1 a new technology1 or a new use of existing technology2 7,v7 a request for reauthorization of programmatic surveillance2 or 7,,vi7 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 appropriate2 2 7ii7 in clause 7ii71 by striking 2 and and inserting a period2 7iii7 by redesignating clause 7ii7 as clause 7iv7 and moving such clause so as to appear after clause 7iii72 7iv7 by inserting after clause 7i7 the following3 7ii7 shall appoint one or more individuals who have been designated under paragraph 7#a7 and who possesses technical expertise to serve as amicus curiae to assist such court in the consideration of any application for an order or review1 unless the court issues a written finding that such application neither presents nor involves-- 7,i7 a request for approval of a new program1 a new technology1 or a new use of existing technology2 7,,ii7 a request for approval of a previously authorized program1 technology1 or use of existing technology for which no prior application for approval of such program1 technology1 or use was considered by the court with the assistance of an amicus curiae who possesses technical expertise2 or 7,,iii7 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 appropriate2 2 and 7v7 in clause 7iii71 by striking 1 unless the court issues a finding that such appointment is not appropriate or is likely to result in undue delay4 and inserting 2 and2 and 7,b7 by striking subparagraph 7,b74 7#b7 ,definition of sensitive investigative matter ,section #ajc7;i7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77 is amended by adding at the end the following3 7#ab7 ,definition of sensitive investigative matter ,in this subsection1 the term sensitive investigative matter means-- 7,a7 an investigative matter involving the activities of-- 7i7 a domestic public official or political candidate1 or an individual serving on the staff of such an official or candidate2 7ii7 a domestic religious or political organization1 or a known or suspected ,united ,states person prominent in such an organization2 or 7iii7 the domestic news media2 or 7,b7 any other investigative matter involving a domestic entity or a known or suspected ,united ,states person that1 in the judgment of the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review1 is similarly as sensitive as an investigative matter described in subparagraph 7,a74 4 7#c7 ,qualifications ,section #ajc7;i77#c77;,a7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77#c77;,a77 is amended-- 7,a7 by inserting cybersecurity1 cryptography1 after communications technology12 and 7,b7 by adding at the end the following3 ,of such individuals1 at least one shall possess legal expertise and at least one shall possess technical expertise44 7#d7 ,notification ,section #ajc7;i7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77 is amended by striking paragraph 7#g7 and inserting the following3 7#g7 ,notification ,the presiding judge of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review shall1 not less frequently than quarterly1 provide to the ,attorney ,general and the appropriate committees of ,congress-- 7,a7 a notification of each appointment of an individual to serve as amicus curiae under paragraph 7#b72 and 7,b7 a copy of each written finding issued under paragraph 7#b74 4 7#e7 ,section #gjb recertification schedule ,section #gjb7;j77#e77;,a7 of such ,act 7#ej ,u4,s4,c4 #ahha;a7j77#e77;,a77 is amended by striking at least #cj days prior to the expiration of such authorization and inserting such number of days1 not less than #cj days1 before the expiration of such authorization as the ,court considers necessary to permit review by amici curiae appointed under section #ajc7;i77#b77;,a77iii744 7b7 ,authority ,to seek review ,section #ajc7;i7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i771 as amended by subsection 7a71 is further amended-- 7#a7 in paragraph 7#d7-- 7,a7 in the paragraph heading1 by inserting 2 authority after ,duties2 7,b7 in the matter preceding subparagraph 7,a71 by striking shall2 7,c7 in subparagraph 7,b7-- 7i7 in the matter preceding clause 7i71 by inserting shall before provide2 7ii7 in clause 7i71 by striking of ,united ,states persons and inserting the following3 1 including legal arguments regarding any privacy or civil liberties interest of any ,united ,states person that would be significantly affected by the application or motion2 and 7iii7 in clause 7iii71 by striking the period at the end and inserting 2 and2 7,d7 by striking subparagraph 7,a72 7,e7 by redesignating subparagraph 7,b7 as subparagraph 7,a72 and 7,f7 by adding at the end the following3 7,b7 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 court1 regardless of whether the court has requested assistance on that issue4 2 7#b7 by redesignating paragraphs 7#g7 through 7#ab7 as paragraphs 7#h7 through 7#ac71 respectively2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 ,authority to seek review of decisions 7,a7 ,foreign ,intelligence ,surveillance ,court decisions 7i7 ,petition ,following issuance of an order under this ,act by the ,foreign ,intelligence ,surveillance ,court1 an amicus curiae appointed under paragraph 7#b7 may petition the ,foreign ,intelligence ,surveillance ,court to certify for review to ,foreign ,intelligence ,surveillance ,court of ,review a question of law pursuant to subsection 7j74 7ii7 ,denials ,if the ,foreign ,intelligence ,surveillance ,court denies a petition described in clause 7i71 the court shall provide for the record a written statement of the reasons for such denial4 7iii7 ,certification ,upon certification of any question of law pursuant to this subparagraph1 the ,foreign ,intelligence ,surveillance ,court of ,review shall appoint the amicus curiae to assist the ,court of ,review in its consideration of the certified question1 unless the ,court of ,review issues a finding that such appointment is not appropriate4 7,b7 ,foreign ,intelligence ,surveillance ,court of ,review decisions ,an amicus curiae appointed under paragraph 7#b7 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 #abed7b7 of title #bh1 ,united ,states ,code4 7,c7 ,declassification of referrals ,for purposes of section #fjb1 a petition filed under subparagraph 7,a7 or 7,b7 of this paragraph and all of its content shall be considered a decision1 order1 or opinion issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review described in paragraph 7#b7 of section #fjb7;a74 4 7c7 ,access to information 7#a7 ,application and materials ,section #ajc7;i77#f7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77#f77 is amended-- 7,a7 in subparagraph 7,a71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 shall have access to1 to the extent such information is available to the ,government-- 7,i7 the application1 certification1 petition1 motion1 and other information and supporting materials1 including any information described in section #ija1 submitted to the ,foreign ,intelligence ,surveillance ,court in connection with the matter in which the amicus curiae has been appointed1 including access to any relevant legal precedent 7including any such precedent that is cited by the ,government1 including in such an application72 7,,ii7 any other information or materials that the court determines is relevant to the duties of the amicus curiae2 and 7,,iii7 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 law1 without regard to whether the decision is classified2 and 7ii7 may make a submission to the court requesting access to any other particular materials or information 7or category of materials or information7 that the amicus curiae believes to be relevant to the duties of the amicus curiae4 2 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,f72 and 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 ,supporting documentation regarding accuracy ,the ,foreign ,intelligence ,surveillance ,court1 upon the motion of an amicus curiae appointed under paragraph 7#b7 or upon its own motion1 may require the ,government to make available the supporting documentation described in section #ijb4 4 7#b7 ,clarification of access to certain information ,section #ajc7;i77#f7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77#f77 is amended-- 7,a7 in subparagraph 7,b71 by striking ,the ,attorney ,general may periodically and inserting ,not less frequently than annually1 the ,attorney ,general shall2 and 7,b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,classified information ,an amicus curiae appointed by the court shall have access to1 to the extent such information is available to the ,government1 unredacted copies of each opinion1 order1 transcript1 pleading1 or other document of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review1 including1 if the individual is eligible for access to classified information1 any classified documents1 information1 and other materials or proceedings4 4 7#c7 ,consultation among amici curiae ,section #ajc7;i77#f7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77#f771 as amended by paragraphs 7#a7 and 7#b71 is further amended-- 7,a7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,c71 7,d71 and 7,e71 respectively2 and 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,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 7#b71 the amicus curiae may consult with one or more of the other individuals designated to serve as amicus curiae under paragraph 7#a7 regarding any of the information relevant to any assigned proceeding4 4 #cjh4 ,declassification of significant decisions1 orders1 and opinions ,section #fjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgb7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,declassification required 7#a7 ,in general ,subject to subsection 7b71 the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 shall-- 7,a7 conduct a declassification review of each decision1 order1 or opinion issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review 7as defined in section #fja7;e77 that is described in paragraph 7#b72 7,b7 consistent with that review1 make publicly available to the greatest extent practicable each such decision1 order1 or opinion2 and 7,c7 complete the declassification review required by subparagraph 7,a7 and public release of each such decision1 order1 or opinion pursuant to subparagraph 7,b7 by not later than #ahj days after the date on which the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review issues such decision1 order1 or opinion4 7#b7 ,decision1 order1 or opinion described ,a decision1 order1 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 decision1 order1 or opinion issued before1 on1 or after the date of the enactment of this ,act that-- 7,a7 includes a significant construction or interpretation of any provision of law1 including any novel or significant construction or interpretation of any term2 7,b7 involves a sensitive investigative matter 7as defined in section #ajc7;i77#ab772 or 7,c7 has been nominated for a declassification review by an amicus curiae appointed by the court4 4 #cji4 ,clarification of ,foreign ,intelligence ,surveillance ,court jurisdiction over records of the court and other ancillary matters 7a7 ,in general ,section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc71 as amended by sections #bjf and #bjg1 is further amended-- 7#a7 by adding at the end the following3 7o7 ,ancillary claims 7#a7 ,foreign ,intelligence ,surveillance ,court ,the ,foreign ,intelligence ,surveillance ,court shall have jurisdiction to hear claims ancillary to any of its own proceedings1 including jurisdiction to hear any claim for access to the court's records1 files1 and proceedings under the ,constitution of the ,united ,states1 statute1 common law1 or any other authority4 ,upon deciding such a claim1 the ,court shall provide immediately for the record a written statement of the reasons for such decision4 ,a party may file a petition for review of such decision with the ,foreign ,intelligence ,surveillance ,court of ,review1 which shall have jurisdiction to consider such petition and1 upon deciding such petition1 shall provide for the record a written statement of the reasons for its decision4 7#b7 ,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 proceedings1 including jurisdiction to hear any claim for access to the court's records1 files1 and proceedings under the ,constitution of the ,united ,states1 statute1 common law1 or any other authority4 ,upon deciding such a claim1 the ,court of ,review shall provide immediately for the record a written statement of the reasons for such decision4 7#c7 ,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 7#a7 or 7#b71 and the ,supreme ,court shall have jurisdiction to review such decision4 2 7#b7 in subsection 7a77#b77;,a71 in the matter preceding clause 7i71 by inserting paragraph 7#a7 of subsection 7o7 of this section or before paragraph 7#d7 or 7#e7 of section #gjb7;i72 and 7#c7 in subsection 7k77#a71 by striking section #abed7b7 of title #bh and inserting section #abed of title #bh4 7b7 ,technical corrections ,section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc71 as amended by section 7a71 is further amended-- 7#a7 in subsection 7a77#b77;,a71 in the matter preceding clause 7i71 by striking section #eja7;f7 or2 and 7#b7 in subsection 7e71 by striking section #eja7;f77#a7 or each place it appears4 #caj4 ,grounds for determining injury in fact in civil actions relating to surveillance under the ,foreign ,intelligence ,surveillance ,act of #aigh or pursuant to executive authority 7a7 ,in general ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 as amended by section #bjb1 is further amended by adding at the end the following3 ,x ,additional matters #ajja4 ,challenges to ,government surveillance 7a7 ,definitions ,in this section1 the terms foreign intelligence information1 person1 ,united ,states1 and ,united ,states person have the meanings given such terms in section #aja4 7b7 ,injury in fact ,in any claim in a civil action brought in a court of the ,united ,states relating to the acquisition1 copying1 querying1 retention1 access1 or use of information acquired under this ,act or pursuant to any other authority of the executive branch of the ,federal ,government1 by a ,united ,states person or person located inside the ,united ,states1 the person asserting the claim has suffered an injury in fact traceable to that conduct if the person-- 7#a7 7,a7 regularly communicates foreign intelligence information with persons who are not ,united ,states persons and who are located outside the ,united ,states2 and 7,b7 has taken or is taking objectively reasonable measures to avoid the acquisition1 copying1 querying1 retention1 access1 or use of the person's information under this ,act or pursuant to another authority of the executive branch of the ,federal ,government2 or 7#b7 has a reasonable basis to believe that the person's rights have been1 are being1 or imminently will be violated by an individual acting under color of ,federal law4 7c7 ,reasonable basis ,for the purposes of this section1 a reasonable basis exists when the person demonstrates a concrete injury arising from a good-faith belief that the person's rights have been1 are being1 or imminently will be violated through the acquisition1 copying1 querying1 retention1 access1 or use of the person's information under this ,act or pursuant to any other authority of the executive branch of the ,federal ,government4 7d7 ,state secrets privilege ,the procedures set forth in section #ajf7;f7 shall apply when the state secrets privilege is asserted1 with respect to any claim where the plaintiff1 who is a ,united ,states person or person located in the ,united ,states1 plausibly alleges an injury in fact relating to the acquisition1 copying1 querying1 retention1 access1 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 acquisition1 copying1 querying1 retention1 access1 or use of information violates the ,constitution or laws of the ,united ,states4 4 7b7 ,clerical amendment ,the table of contents of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as amended by section #bjb1 is further amended by adding at the end the following3 ,title ,x--,,additional ,m,a,t,t,e,r,s,sec4 #ajja4 ,challenges to ,government surveillance4 4 #caa4 ,accountability procedures for violations by ,federal employees 7a7 ,in general ,title ,x of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha et seq471 as added by section #caj1 is amended by adding at the end the following3 #ajjb4 ,accountability procedures for violations by ,federal employees 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress has the meaning given such term in section #aja4 7#b7 ,covered agency ,the term covered agency means the ,federal ,bureau of ,investigation1 the ,central ,intelligence ,agency1 the ,national ,security ,agency1 and the ,national ,counterterrorism ,center4 7#c7 ,covered person ,the term covered person has the meaning given such term in section #gja7;b74 7#d7 ,covered violation ,the term covered violation means a violation of this ,act1 the ,government ,surveillance ,reform ,act of #bjbf1 or ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note2 relating to ,united ,states intelligence activities71 or successor order1 by an employee of a covered agency that results in the inappropriate collection1 use1 querying1 or dissemination of any communication1 record1 or information of a covered person4 7#e7 ,person1 ,united ,states1 and ,united ,states person ,the terms person1 ,united ,states1 and ,united ,states person have the meanings given such terms in section #aja4 7b7 ,accountability procedures2 designated investigative entity ,the head of each covered agency shall-- 7#a7 establish procedures to hold employees of the covered agency accountable for willful1 knowing1 reckless1 and negligent covered violations2 and 7#b7 7,a7 designate an entity within the agency to investigate possible willful1 knowing1 reckless1 and negligent covered violations2 and 7,b7 establish an internal process for the designated entity to determine culpability for willful1 knowing1 reckless1 and negligent covered violations4 7c7 ,elements ,the procedures established under subsection 7b77#a7 shall include the following3 7#a7 ,centralized tracking of individual employee performance incidents involving willful1 knowing1 reckless1 and negligent covered violations1 over time4 7#b7 ,escalating consequences for willful1 knowing1 reckless1 and negligent covered violations1 including-- 7,a7 consequences for an initial reckless or negligent covered violation1 including1 at a minimum-- 7i7 suspension of access to information acquired under this ,act or to the dataset that gave rise to the violation for not less than #ij days2 and 7ii7 documentation of the incident in the personnel file of each employee responsible for the violation2 7,b7 consequences for a second reckless or negligent covered violation1 including1 at a minimum-- 7i7 suspension of access to information acquired under this ,act or to the dataset that gave rise to the violation for not less than #ahj days2 and 7ii7 reassignment of each employee responsible for the violation2 7,c7 consequences for a third reckless or negligent covered violation1 including1 at a minimum-- 7i7 termination of security clearance2 and 7ii7 reassignment or termination of each employee responsible for the violation2 7,d7 consequences for an initial willful or knowing covered violation1 including1 at a minimum-- 7i7 suspension of access to information acquired under this ,act or to the dataset that gave rise to the violation for not less than #ahj days2 and 7ii7 reassignment of each employee responsible for the violation2 and 7,e7 consequences for a second willful or knowing covered violation1 including1 at a minimum-- 7i7 termination of security clearance2 and 7ii7 reassignment or termination of each employee responsible for the violation4 7d7 ,presumption of termination 7#a7 ,in general ,for purposes of subparagraphs 7,c77ii7 and 7,e77ii7 of subsection 7c77#b71 there shall be a presumption in favor of termination of an employee4 7#b7 ,justification ,if the head of a covered agency determines not to terminate an employee for a third reckless or negligent violation under subparagraph 7,c77ii7 of subsection 7c77#b7 or a second willful or knowing violation under subparagraph 7,e77ii7 of that subsection1 the agency head shall submit to the appropriate committees of ,congress a written justification for the determination4 7e7 ,timing ,if a covered agency determines1 through an investigation1 that an employee committed a willful1 knowing1 reckless1 or negligent covered violation1 the agency head shall determine what consequences to impose on the employee under subsection 7c77#b7 not later than #fj days after the conclusion of the investigation4 4 7b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #ajja1 as added by section #caj1 the following3 ,sec4 #ajjb4 ,accountability procedures for violations by ,federal employees4 4 7c7 ,report required 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the head of each covered agency1 as defined in section #ajjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7as added by subsection 7a771 shall submit to the appropriate committees of ,congress a report detailing-- 7,a7 the procedures established under section #ajjb of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as added by subsection 7a72 and 7,b7 a description of any actions taken pursuant to such procedures4 7#b7 ,form ,the report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex to the extent necessary to protect sources and methods4 7d7 ,deconfliction with ,,risaa accountability procedures 7#a7 ,in general ,paragraph 7#d7 of section #gjb7;f7 of such ,act 7#ej ,u4,s4,c4 #ahha;a7f77 is repealed4 7#b7 ,conforming amendment ,paragraph 7#f7 of such section #gjb7;f71 as added by section #aja and redesignated by section #aaj1 is redesignated as paragraph 7#d7 and moved before paragraph 7#e7 of such section #gjb7;f74 7#c7 ,effect date ,the amendments made by paragraphs 7#a7 and 7#b7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #cab4 ,reforms to the exclusive means limitations under the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,chapter #aai of title #ah ,section #beaa7b77;f7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7f7 7i7 ,other than as provided in subsection 7ii71 nothing contained in this chapter or chapter #aba or #bjf of this title1 or section #gje of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fje71 shall be deemed to affect the acquisition by the ,united ,states ,government of foreign intelligence information from international or foreign communications1 or foreign intelligence activities conducted in accordance with otherwise applicable ,federal law involving a foreign electronic communications system1 utilizing a means other than electronic surveillance as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7ii7 ,the procedures in this chapter1 chapter #aba1 and the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 shall be the exclusive means by which the ,united ,states ,government may conduct-- 7,a7 electronic surveillance1 as defined in section #aja of that ,act2 7,b7 the interception of wire1 oral1 and electronic communications within the ,united ,states or from a domestic electronic communications system2 or 7,c7 the interception of wire1 oral1 and electronic communications for which the sender and all intended recipients are located within the ,united ,states4 4 7b7 ,foreign ,intelligence ,surveillance ,act ,section #aab of the ,foreign ,intelligence ,surveillance ,act 7#ej ,u4,s4,c4 #ahab7 is amended to read as follows3 7a7 ,except as provided in subsection 7b71 the procedures of chapters #aai1 #aba1 and #bjf of title #ah and this ,act shall be the exclusive means by which the ,united ,states ,government may conduct-- 7#a7 electronic surveillance1 as defined in section #aja2 7#b7 the interception of wire1 oral1 and electronic communications within the ,united ,states or from a domestic electronic communications system2 or 7#c7 the interception of wire1 oral1 and electronic communications for which the sender and all intended recipients are located within the ,united ,states4 7b7 ,only an express statutory authorization for electronic surveillance or the interception of wire1 oral1 or electronic communications described in subsection 7a71 other than as an amendment to this chapter or chapters #aai1 #aba1 or #bjf of title #ah1 shall constitute an additional exclusive means for the purpose of subsection 7a74 7c7 ,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 #a or more persons located in the ,united ,states may be acquired for foreign intelligence purposes by the ,united ,states ,government4 4 ,,iv ,reforms related to surveillance conducted for foreign intelligence purposes other than under the ,foreign ,intelligence ,surveillance ,act of #aigh #dja4 ,definitions ,in this title3 7#a7 ,congressional intelligence committees1 intelligence1 intelligence community1 and foreign intelligence ,the terms congressional intelligence committees1 intelligence1 intelligence community1 and foreign intelligence have the meanings given such terms in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#b7 ,electronic surveillance1 person1 ,state1 ,united ,states1 and ,united ,states person ,the terms electronic surveillance1 person1 ,state1 ,united ,states1 and ,united ,states person have the meanings given such terms in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 #djb4 ,protections related to warrantless queries for the communications of ,united ,states persons and persons located in the ,united ,states 7a7 ,definitions ,in this section3 7#a7 ,covered information ,the term covered information includes-- 7,a7 communications content2 and 7,b7 information1 the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the ,united ,states4 7#b7 ,covered query ,the term covered query means a query-- 7,a7 using a term associated with #a or more covered persons2 or 7,b7 for a significant purpose of retrieving information of1 or concerning #a or more covered persons4 7#c7 ,query 7,a7 ,in general ,the term query means the use of #a or more terms1 whether conducted through manual or automated means1 to retrieve any information described in subparagraph 7,b71 including retrieval from a subset of such information1 whether that subset was created by retrieval through a query or other means4 7,b7 ,information described ,the information described in this subparagraph is information that was acquired for foreign intelligence purposes1 other than acquisitions authorized by the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 regardless of whether such acquisition occurred inside or outside the ,united ,states4 7b7 ,in general ,except as provided in subsections 7c7 and 7d71 no officer or employee of the ,federal ,government may access covered information returned in response to a covered query4 7c7 ,exceptions for concurrent authorization1 consent1 emergency situations1 and certain defensive cybersecurity queries ,subsection 7b7 shall not apply if-- 7#a7 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 #aje or #cjd of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje1 #ahbd71 or a warrant issued pursuant to the ,federal ,rules of ,criminal ,procedure by a court of competent jurisdiction if-- 7,a7 such order1 authorization1 or warrant covers the period of the covered query2 and 7,b7 the covered query is conducted and covered information is accessed in compliance with all use1 dissemination1 querying1 retention1 and other minimization limitations required by the order1 authorization1 or warrant2 7#b7 7,a7 the officer or employee accessing the covered information has a reasonable belief that-- 7i7 an emergency exists involving an imminent threat of death or serious bodily harm2 and 7ii7 in order to prevent or mitigate the threat described in clause 7i71 the query must be conducted before authorization described in subparagraph 7,a7 can1 with due diligence1 be obtained2 and 7,b7 not later than #ad days after the covered information is accessed1 a description of the circumstances justifying the accessing of the covered information is provided to the congressional intelligence committees in a timely manner2 7#c7 the covered person to whom the covered query relates or1 if such person is incapable of providing consent1 a third party legally authorized to consent on behalf of the person1 has provided consent for such access on a case-by-case basis2 or 7#d7 7,a7 the covered information is used for defensive cybersecurity purposes1 including the protection of a covered person from cybersecurity attack2 7,b7 other than for such defensive cybersecurity purposes1 no covered information is accessed or reviewed2 and 7,c7 not later than #ad days after the covered information is accessed1 a description of the circumstances justifying the accessing of the covered information is provided to the congressional intelligence committees4 7d7 ,matters relating to emergency queries 7#a7 ,treatment of denials ,if covered information is accessed pursuant to an emergency authorization described in subsection 7c77#a7 and the subsequent application to authorize electronic surveillance1 a physical search1 or an acquisition pursuant to section #aje7;e7 or #cjd7;e7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje7;e71 #ahbd7;e77 is denied1 or in any other case in which covered information is accessed in violation of this section-- 7,a7 no covered information accessed1 or evidence derived from such access1 may be used1 received in evidence1 or otherwise disseminated in any investigation1 trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof2 and 7,b7 no covered information accessed1 or evidence derived from such access1 concerning a covered person may subsequently be used or disclosed in any other manner without the consent of such covered person1 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 person4 7#b7 ,assessment of compliance ,not less frequently than annually1 the ,attorney ,general shall assess compliance with the requirements under paragraph 7#a74 7e7 ,foreign ,intelligence ,surveillance ,act of #aigh ,this section shall not apply to the access of covered information collected pursuant to the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7f7 ,foreign intelligence purpose required for queries 7#a7 ,in general ,except as provided in paragraph 7#b71 no officer or employee of the ,federal ,government may conduct a query unless the query is-- 7,a7 reasonably likely to retrieve foreign intelligence information2 and 7,b7 made with a significant foreign intelligence purpose4 7#b7 ,exceptions ,an officer or employee of the ,federal ,government is permitted to conduct a query if an exception described in clauses 7i7 and 7ii7 of section #gjb7;f77#b77;,b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as amended by section #aja1 applies4 7g7 ,documentation ,no officer or employee of the ,federal ,government may conduct a covered query1 or access covered information returned in response to a covered query1 unless an electronic record is created that includes-- 7#a7 for each query-- 7,a7 each term used for the conduct of the query2 7,b7 the date of the covered query2 7,c7 the identifier of the officer or employee who conducted the covered query2 7,d7 a statement of facts justifying that it is reasonably likely to retrieve foreign intelligence information or an exception under subsection 7f77#b7 applies2 and 7,e7 a description of the basis for the exception2 and 7#b7 for each access-- 7,a7 the date of the access2 7,b7 the identifier of the officer or employee who did the particular access2 and 7,c7 a statement of facts showing that an access is authorized by an exception under subsection 7c74 7h7 ,query record system 7#a7 ,in general ,the head of each agency that may conduct a covered query shall ensure that a system1 mechanism1 or business practice is in place to maintain the records described in subsection 7g71 including ensuring that any covered queries1 or accesses to covered information returned in response to covered queries1 that are conducted by automated means are attributed to the officer or employee who was the proximate cause of such covered query or access4 7#b7 ,compliance report ,not later than #ij days after the date of the enactment of this ,act1 the head of each applicable agency shall report to the congressional intelligence committees on its compliance with paragraph 7#a74 #djc4 ,prohibition on reverse targeting of ,united ,states persons and persons located in the ,united ,states 7a7 ,prohibition on acquisition ,no officer or employee of the ,federal ,government may intentionally target1 for the purpose of acquiring foreign intelligence information1 any person to acquire information1 regardless of whether such targeting or acquisition occurs inside or outside the ,united ,states1 if a significant purpose of the acquisition is to acquire the information of a particular1 known covered person1 unless-- 7#a7 7,a7 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 person2 7,b7 the information is sought for the purpose of assisting that person2 and 7,c7 not later than #ad days after the targeting1 a description of the targeting is provided to the congressional intelligence committees in a timely manner2 or 7#b7 the covered person has provided consent to the targeting1 or if such covered person is incapable of providing consent1 a third party legally authorized to consent on behalf of such covered person has provided consent4 7b7 ,foreign ,intelligence ,surveillance ,act of #aigh and criminal warrants ,this section shall not apply to-- 7#a7 an acquisition carried out pursuant to the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq472 or 7#b7 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 use1 dissemination1 querying1 retention1 and other minimization limitations required by such warrant4 #djd4 ,prohibition on intelligence acquisition of ,united ,states person data 7a7 ,covered data defined ,in this section1 the term covered data means-- 7#a7 data1 derived data1 or any unique identifier that is linked to or is reasonably linkable to a covered person or to an electronic device that is linked to1 or is reasonably linkable to1 #a or more covered persons in a household2 7#b7 includes anonymized data that1 if combined with other data1 can be linked to1 or is reasonably linkable to1 a covered person or to an electronic device that is linked to1 or is reasonably linkable to1 #a or more covered persons in a household2 and 7#c7 does not include data that-- 7,a7 is lawfully available to the public through ,federal1 ,state1 or local government records or through widely distributed media2 7,b7 is reasonably believed to have been voluntarily made available to the general public by the covered person2 or 7,c7 is a specific communication or transaction with a targeted individual who is not a covered person4 7b7 ,limitation 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#h71 an element of the intelligence community may not acquire a dataset that includes covered data4 7#b7 ,authorization pursuant to the ,foreign ,intelligence ,surveillance ,act of #aigh ,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 #aigh 7#ej ,u4,s4,c4 #ahja et seq47 or the ,federal ,rules of ,criminal ,procedure by a court of competent jurisdiction covering the period of the acquisition1 subject to the use1 dissemination1 querying1 retention1 and other minimization limitations required by such authorization4 7#c7 ,authorization for employment-related use ,an element of the intelligence community may acquire covered data about an employee of1 or applicant for employment by1 an element of the intelligence community for employment-related purposes1 provided that-- 7,a7 access to and use of the covered data is limited to such purposes2 and 7,b7 the covered data is destroyed at such time as it is no longer necessary for such purposes4 7#d7 ,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 statute1 guidelines1 procedures1 or the ,united ,states ,constitution1 provided that-- 7,a7 access to and use of the covered data is limited to such purpose2 and 7,b7 the covered data is destroyed at such time as it is no longer necessary for such purpose4 7#e7 ,exception for life or safety ,an element of the intelligence community may acquire covered data if-- 7,a7 there is a reasonable belief that-- 7i7 an emergency exists involving an imminent threat of death or serious bodily harm2 and 7ii7 in order to prevent or mitigate this threat1 the acquisition must be conducted before authorization pursuant to paragraph 7#b7 can1 with due diligence1 be obtained2 7,b7 access to and use of the covered data is limited to addressing the threat2 7,c7 the covered data is destroyed at such time as it is no longer necessary for such purpose2 and 7,d7 not later than #ad days after the acquisition1 a description of the acquisition is provided to the congressional intelligence committees4 7#f7 ,exception for consent ,an element of the intelligence community may acquire covered data if-- 7,a7 each covered person linked or reasonably linked to the covered data1 or1 if such person is incapable of providing consent1 a third party legally authorized to consent on behalf of the person1 has provided consent to the acquisition and use of the data on a case-by-case basis2 7,b7 access to and use of the covered data is limited to the purposes for which the consent was provided2 and 7,c7 the covered data is destroyed at such time as it is no longer necessary for such purposes4 7#g7 ,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 acquisition1 provided that the element of the intelligence community complies with the minimization procedures in subsection 7c74 7#h7 ,exception for national security letter data ,an element of the intelligence community may acquire1 through noncompulsory means that are otherwise not contrary to a provision of ,federal law1 data that1 in the ,united ,states1 the ,federal ,government has the authority to compel production through a national security letter pursuant to section #bgji of title #ah1 ,united ,states ,code1 section #fbf or #fbg of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afhau1 #afhav71 or section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad71 provided-- 7,a7 the person or entity in possession of the data is outside the ,united ,states and compelled production is not feasible2 7,b7 the acquisition is conducted consistent with the limitations that would apply if1 in the ,united ,states1 the ,federal ,government compelled production of such data with a national security letter pursuant to such provisions of law2 and 7,c7 the element of the intelligence community maintains all records required by such provisions of law1 including the content of relevant certifications1 for each covered person or each instance of data1 derived data or unique identifier linked to or reasonably linkable to a covered person4 7c7 ,minimization procedures 7#a7 ,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 #a or more of the exceptions set forth in subsection 7b74 7#b7 ,acquisition and retention ,the procedures adopted under paragraph 7#a7 shall require elements of the intelligence community to exhaust all reasonable means-- 7,a7 to exclude covered data not subject to #a or more exceptions set forth in subsection 7b7 from datasets prior to acquisition2 and 7,b7 to remove and delete covered data not subject to #a or more exceptions set forth in subsection 7b7 prior to the operational use of the acquired dataset or the inclusion of the dataset in a database intended for operational use4 7#c7 ,destruction ,the procedures adopted under paragraph 7#a7 shall require that if an element of the intelligence community identifies covered data acquired in violation of subsection 7b71 such covered data shall be promptly destroyed4 7d7 ,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 7b71 and any evidence derived therefrom1 may not be used1 received in evidence1 or otherwise disseminated in any investigation1 trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof4 7e7 ,reporting requirement 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and not less frequently than once each year thereafter1 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 section4 7#b7 ,contents ,the report submitted pursuant to paragraph 7#a7 shall include the following3 7,a7 ,datasets ,a description of datasets that the ,director determines contain information of covered persons that is significant in volume proportion1 or sensitivity1 including-- 7i7 the covered person information in each dataset2 and 7ii7 an estimate of the amount of covered person information in each dataset2 7,b7 ,data collection ,a description of data collected pursuant to subsection 7b77#h71 including-- 7i7 a description of the covered person information for each acquisition2 and 7ii7 the number of covered persons or instances of data1 derived data or unique identifiers linked to or reasonably linkable to a covered person1 disaggregated by the national security letter authority for which compelled production would be required4 7,c7 ,detected violations ,a description of covered data identified as having been acquired in violation of subsection 7b7 in the preceding year1 including-- 7i7 an estimate of the number of covered persons whose information was acquired in violation of subsection 7b72 and 7ii7 any changes made to the procedures in subsection 7c7 to address compliance issues4 7#c7 ,notifications ,after submitting the report required by paragraph 7#a71 the ,director shall1 in coordination with the ,under ,secretary1 notify the appropriate committees of ,congress of any changes to the information contained in such report4 7#d7 ,availability to the public ,the ,director shall make available to the public on the website of the ,director-- 7,a7 the unclassified portion of the report submitted pursuant to paragraph 7#a72 and 7,b7 any notifications submitted pursuant to paragraph 7#c74 7f7 ,rule of construction ,nothing in this section shall authorize an acquisition otherwise prohibited by this ,act1 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 or title #ah1 ,united ,states ,code4 #dje4 ,prohibition on the warrantless acquisition of domestic communications ,no officer or employee of the ,federal ,government may intentionally acquire1 for the purpose of acquiring foreign intelligence information1 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 communication1 regardless of whether such acquisition occurs inside or outside the ,united ,states1 except-- 7#a7 as authorized under section #aje or #cjd of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje1 #ahbd72 or 7#b7 if-- 7,a7 the officer or employee has a reasonable belief that-- 7i7 an emergency exists involving the imminent threat of death or serious bodily harm2 and 7ii7 in order to prevent or mitigate this threat1 the acquisition must be conducted before an authorization pursuant to the provisions of law cited in paragraph 7#a7 can1 with due diligence1 be obtained2 and 7,b7 not later than #ad days after the acquisition1 a description of the acquisition is provided to the congressional intelligence committees4 #djf4 ,data retention limits 7a7 ,procedures 7#a7 ,in general ,each head of an element of the intelligence community shall develop and implement procedures governing the retention of information described in paragraph 7#b74 7#b7 ,information described ,the information described in this paragraph is information that was acquired for foreign intelligence purposes1 other than acquisitions authorized by the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 regardless of whether such acquisition occurred inside or outside the ,united ,states4 7b7 ,requirements 7#a7 ,covered information defined ,in this subsection1 the term covered information includes-- 7,a7 any information or communication pertaining to a covered person1 including an encrypted communication to or from a covered person1 that has been evaluated and is not specifically known to contain foreign intelligence information2 and 7,b7 any unevaluated information1 unless it can reasonably be determined that the unevaluated information does not contain any information or communications pertaining to a covered person1 including any encrypted communication to or from a covered person4 7#b7 ,in general ,the procedures developed and implemented pursuant to subsection 7a7 shall ensure1 with respect to information described in such subsection1 that covered information shall be destroyed within #e years of collection unless the ,attorney ,general determines in writing that-- 7,a7 the information is the subject of a preservation obligation in pending administrative1 civil1 or criminal litigation1 in which case the covered information shall be segregated1 retained1 and used solely for that purpose and shall be destroyed as soon as it is no longer required to be preserved for such litigation2 or 7,b7 the information is being used in a proceeding or investigation consistent with section #gjf7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;e7a774 #djg4 ,reports on violations of law or ,executive order ,section #eaa of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #caaj7 is amended by adding at the end the following3 7c7 ,public availability 7#a7 ,in general ,the ,director of ,national ,intelligence shall make each report submitted under subsection 7a7 publicly available on an internet website1 with such redactions as may be necessary to protect sources and methods4 7#b7 ,retroactive report publication ,with respect to a report submitted under subsection 7a7 prior to the date of the enactment of the ,government ,surveillance ,reform ,act of #bjbf1 such report shall be made publicly available pursuant to paragraph 7#a7 by not later than #ahj days after the date of the enactment of such ,act4 7d7 ,department of ,justice report ,the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 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 7a7 that only addresses violations of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 4 ,v ,independent oversight #eja4 ,inspector ,general oversight of orders under the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,audit ,not later than #a year after the date of the enactment of this ,act1 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 #aigh 7#ej ,u4,s4,c4 #ahja et seq47 and directives issued under section #gjb7;i7 of such ,act by the ,department or the element1 respectively4 7b7 ,scope2 contents ,in conducting an audit under subsection 7a7-- 7#a7 an ,inspector ,general shall-- 7,a7 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 section2 7,b7 assess whether-- 7i7 adequate safeguards are in place to ensure that the assertions made in applications are scrupulously accurate2 7ii7 adequate safeguards are in place to ensure that each application includes all information required by the amendments made by section #aj of the ,reforming ,intelligence and ,securing ,america ,act 7,public ,law #aah-di7 and made by sections #cjb and #cjc of this ,act2 and 7iii7 in the determination of the ,inspector ,general1 there are any other areas of potential risk or violation2 and 7,c7 make recommendations to address any deficiencies identified by the ,inspector ,general2 and 7#b7 the ,inspector ,general of the ,department of ,justice shall assess the information provided by the ,department of ,justice under subsection 7f7 of section #fjc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc71 as added by section #hjc of this ,act1 and include a determination on the accuracy and completeness of the information provided under that section4 7c7 ,report 7#a7 ,in general ,for each audit conducted by an ,inspector ,general under subsection 7a71 such ,inspector ,general shall submit to the persons specified in paragraph 7#b7 a report of the audit1 including findings and recommendations of the ,inspector ,general and any remediations taken by the ,department or element1 respectively4 7#b7 ,persons specified ,the persons specified in this paragraph are the following3 7,a7 ,the ,attorney ,general4 7,b7 ,the ,director of ,national ,intelligence4 7,c7 ,the ,privacy and ,civil ,liberties ,oversight ,board4 7,d7 ,the appropriate committees of ,congress4 7,e7 ,the ,foreign ,intelligence ,surveillance ,court 7as defined in section #fja7;e7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga7;e7774 7,f7 ,any amicus curiae appointed under section #ajc7;i77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77#b774 7d7 ,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 7a71 including by providing access to all evidence and information relevant to the assessments required under subsection 7b77#b71 subject to such procedures as are necessary to protect the national security of the ,united ,states4 7e7 ,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 7c7 by the respective ,inspector ,general4 #ejb4 ,intelligence community parity and communications with ,privacy and ,civil ,liberties ,oversight ,board 7a7 ,whistleblower protections for members of intelligence community for communications with ,privacy and ,civil ,liberties ,oversight ,board ,section #aajd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcd7 is amended-- 7#a7 in subsection 7b77#a71 in the matter before subparagraph 7,a71 by inserting the ,privacy and ,civil ,liberties ,oversight ,board1 after ,inspector ,general of the ,intelligence ,community12 and 7#b7 in subsection 7c77#a77;,a71 in the matter before clause 7i71 by inserting the ,privacy and ,civil ,liberties ,oversight ,board1 after ,inspector ,general of the ,intelligence ,community14 7b7 ,parity in pay for ,privacy and ,civil ,liberties ,oversight ,board staff and the intelligence community ,section #ajfa7;j77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7j77#a77 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 position1 based on salary information provided to the chairman of the ,board by the ,director of ,national ,intelligence44 #ejc4 ,congressional oversight of grants of immunity by the ,attorney ,general for warrantless surveillance assistance 7a7 ,in general ,section #beaa7b77;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7iv7 ,not later than #cj days after providing a certification described in clause 7,b7 of the first sentence of subparagraph 7ii7 to a provider of wire or electronic communication service1 an officer1 employee1 or agent thereof1 a landlord1 a custodian1 or another person1 the person providing the certification shall submit the certification to the appropriate committees of ,congress1 as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 4 7b7 ,ongoing programs 7#a7 ,definitions ,in this subsection-- 7,a7 the term appropriate committees of ,congress has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja71 as amended by section #b of this ,act2 7,b7 the terms electronic communication1 electronic communication service1 and wire communication have the meanings given such terms in section #beaj of title #ah1 ,united ,states ,code2 and 7,c7 the term ongoing certification means a certification described in clause 7,b7 of the first sentence of section #beaa7b77;a77ii7 of title #ah1 ,united ,states ,code1 pursuant to which a provider of wire or electronic communication service1 an officer1 employee1 or agent thereof1 a landlord1 a custodian1 or another person is providing information1 facilities1 or technical assistance on the date of enactment of this ,act4 7#b7 ,submission ,not later than #ij days after the date of enactment of this ,act1 the person that provided an ongoing certification to a provider of wire or electronic communication service1 an officer1 employee1 or agent thereof1 a landlord1 a custodian1 or another person shall submit the ongoing certification to the appropriate committees of ,congress4 ,,vi ,reforms to the ,electronic ,communications ,privacy ,act of #aihf #fja4 ,warrant protections for location information1 web browsing records1 and search query records 7a7 ,historical location1 web browsing1 and search queries 7#a7 ,in general ,section #bgjc of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 in the subsection heading1 by striking ,contents of wire or electronic communications and inserting ,location information1 web browsing records1 search query records1 or contents of wire or electronic communications2 and 7ii7 in the first sentence1 by inserting location information1 a web browsing record1 a search query record1 or before the contents of a wire2 and 7,b7 in subsection 7c77#a71 in the matter preceding subparagraph 7,a71 by inserting location information1 a web browsing record1 a search query record1 or before the contents4 7#b7 ,definition ,section #bgaa of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by inserting 7a7 ,in general4-- before ,as used2 7,b7 in subsection 7a71 as so designated-- 7i7 in paragraph 7#c77;,c71 by striking and at the end2 7ii7 in paragraph 7#d71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7#e7 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 customer1 subscriber1 user1 or device2 7#f7 the term web browsing record-- 7,a7 means a record that reveals1 in part or in whole1 the identity of a service provided by an online service provider1 or the identity of a customer1 subscriber1 user1 or device1 for any attempted or successful communication or transmission between an online service provider and such a customer1 subscriber1 user1 or device2 7,b7 includes a record that reveals1 in part or in whole-- 7i7 the domain name1 uniform resource locator1 internet protocol address1 or other identifier for a service provided by an online service provider with which a customer1 subscriber1 user1 or device has exchanged or attempted to exchange a communication or transmission2 or 7ii7 the network traffic generated by an attempted or successful communication or transmission between a service provided by an online service provider and a customer1 subscriber1 user1 or device2 and 7,c7 does not include a record that reveals information about an attempted or successful communication or transmission between a known service and a particular1 known customer1 subscriber1 user1 or device1 if the record is maintained by the known service and is limited to revealing additional identifying information about the particular1 known customer1 subscriber1 user1 or device2 and 7#g7 the term search query record-- 7,a7 means a record that reveals a query term or instruction submitted1 in written1 verbal1 or other format1 by a customer1 subscriber1 user1 or device to any service provided by an online service provider1 including a search engine1 voice assistant1 chat bot1 or navigation service2 and 7,b7 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 customer1 subscriber1 user1 or device4 2 and 7,c7 by adding at the end the following3 7b7 ,rule of construction ,nothing in this section or section #beaj shall be construed to mean that a record may not be more than #a of the following types of record3 7#a7 ,the contents of a communication4 7#b7 ,location information4 7#c7 ,a web browsing record4 7#d7 ,a search query record4 4 7b7 ,real-,time surveillance of location information ,section #caag of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking ,mobile tracking devices and inserting ,tracking orders for ,federal departments and agencies2 7#b7 by striking subsection 7b72 7#c7 by redesignating subsection 7a7 as subsection 7c72 7#d7 by inserting before subsection 7c71 as so redesignated1 the following3 7a7 ,in general ,no officer or employee of a governmental entity may install or direct the installation of a tracking device1 except pursuant to a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures and1 in the case of a court-martial or other proceeding under chapter #dg of title #aj 7the ,uniform ,code of ,military ,justice71 issued under section #hdf of that title1 in accordance with regulations prescribed by the ,president7 by a court of competent jurisdiction4 7b7 ,emergencies 7#a7 ,in general ,subject to paragraph 7#b71 the prohibition under subsection 7a7 does not apply in an instance in which an investigative or law enforcement officer reasonably determines that-- 7,a7 a circumstance described in subparagraph 7i71 7ii71 or 7iii7 of section #beah7g77;a7 exists2 and 7,b7 there are grounds upon which a warrant could be issued to authorize the installation of the tracking device4 7#b7 ,application deadline ,if a tracking device is installed under the authority under paragraph 7#a71 an application for a warrant shall be made within #dh hours after the installation4 7#c7 ,termination absent warrant ,in the absence of a warrant1 use of a tracking device under the authority under paragraph 7#a7 shall immediately terminate when the investigative information sought is obtained or when the application for the warrant is denied1 whichever is earlier4 7#d7 ,limitation ,in the event an application for a warrant described in paragraph 7#b7 is denied1 or in any other case where the use of a tracking device under the authority under paragraph 7#a7 is terminated without a warrant having been issued1 the information obtained shall be treated as having been obtained in violation of this section1 and an inventory describing the installation and use of the tracking device shall be served on the person named in the warrant application4 2 7#e7 in subsection 7c71 as so redesignated-- 7,a7 in the subsection heading1 by striking ,in general and inserting ,jurisdiction2 7,b7 by striking or other order2 7,c7 by striking mobile2 7,d7 by striking such order and inserting such warrant2 and 7,e7 by adding at the end the following3 ,for purposes of this subsection1 the installation of a tracking device occurs within the jurisdiction in which the device is physically located when the installation is complete42 and 7#f7 by adding at the end the following3 7d7 ,definitions ,as used in this section-- 7#a7 the term computer has the meaning given that term in section #ajcj7;e72 7#b7 the term court of competent jurisdiction has the meaning given that term in section #bgaa2 7#c7 the term governmental entity-- 7,a7 means a department or agency of the ,united ,states2 and 7,b7 does not include a department or agency of a ,state or a political subdivision thereof4 7#d7 the term installation of a tracking device means1 whether performed by an officer or employee of a governmental entity or by a provider at the direction of a governmental entity-- 7,a7 the physical placement of a tracking device2 7,b7 the remote activation of the tracking software or functionality of a tracking device2 or 7,c7 the acquisition of a radio signal transmitted by a tracking device2 and 7#e7 the term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object1 including a phone1 wearable device1 connected vehicle1 or other computer owned1 used1 or possessed by the target of surveillance4 4 7c7 ,prospective surveillance of web browsing records and location information ,section #bgjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,prospective disclosure of web browsing records 7#a7 ,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 7a74 7#b7 ,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 disclosure1 not to exceed #cj days from issuance of the warrant4 ,extensions of such a warrant may be granted1 but only upon satisfaction of the showings necessary for issuance of the warrant in the first instance4 7j7 ,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 7a71 that satisfies the restrictions imposed on warrants for tracking devices imposed by section #caag of this title and rule #da of the ,federal ,rules of ,criminal ,procedure4 4 #fjb4 ,consistent protections for phone and app-based call and texting records ,section #bgjc7;c77#b77;,c7 of title #ah1 ,united ,states ,code1 is amended by striking local and long distance telephone connection records1 or4 #fjc4 ,email ,privacy ,act 7a7 ,short title ,this section may be cited as the ,email ,privacy ,act4 7b7 ,voluntary disclosure corrections ,section #bgjb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 by striking while in electronic storage by that service and inserting that is in electronic storage with or otherwise stored1 held1 or maintained by that service2 7,b7 in paragraph 7#b7-- 7i7 by striking to the public2 7ii7 by striking divulge and inserting disclose2 and 7iii7 by striking which is carried or maintained on that service and inserting that is stored1 held1 or maintained by that service2 and 7,c7 in paragraph 7#c7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 by striking a provider of and inserting a person or entity providing2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 by inserting wire or electronic before communication2 7,b7 by amending paragraph 7#a7 to read as follows3 7#a7 to an originator1 addressee1 or intended recipient of such communication1 to the subscriber or customer on whose behalf the provider stores1 holds1 or maintains such communication1 or to an agent of such addressee1 intended recipient1 subscriber1 or customer2 2 and 7,c7 by amending paragraph 7#c7 to read as follows3 7#c7 with the lawful consent of the originator1 addressee1 or intended recipient of such communication1 or of the subscriber or customer on whose behalf the provider stores1 holds1 or maintains such communication2 2 and 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 by inserting wire or electronic before communications2 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 with the lawful consent of the subscriber or customer2 4 7c7 ,amendments to required disclosure section ,section #bgjc of title #ah1 ,united ,states ,code1 as amended by this ,act1 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by striking ,a governmental entity and inserting ,except as provided in subsections 7l7 and 7m71 a governmental entity2 7,b7 by striking pursuant to and inserting if the governmental entity obtains2 and 7,c7 by striking by a court of competent jurisdiction4 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 entity4 ,in the absence of a date on the warrant indicating the date by which the provider must make disclosure to the governmental entity1 the provider shall promptly respond to the warrant42 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,a governmental entity and inserting ,except as provided in subsections 7l7 and 7m71 a governmental entity2 and 7,,ii7 by striking only when the governmental entity-- and inserting only--2 7ii7 in subparagraph 7,a7-- 7,i7 by striking obtains a warrant issued and inserting if the governmental entity obtains a warrant2 7,,ii7 by striking by the ,president7 by a court and inserting the following3 8by the ,president7 that-- 7i7 is issued by a court 2 7,,iii7 by inserting and after jurisdiction22 and 7,,iv7 by adding at the end the following3 7ii7 may indicate the date by which the online service provider must make the disclosure to the governmental entity2 2 7iii7 in subparagraph 7,b71 by inserting if the governmental entity before obtains2 7iv7 in subparagraph 7,c71 by striking has the consent of the subscriber or customer to such disclosure2 and inserting with the lawful consent of the subscriber or customer2 or2 7v7 by striking subparagraph 7,d72 7vi7 by redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7vii7 in subparagraph 7,d71 as so redesignated1 by striking seeks information and inserting as otherwise authorized2 and 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 in response to an administrative subpoena authorized by ,federal or ,state statute1 a grand jury1 trial1 or civil discovery subpoena1 or any means available under paragraph 7#a71 after shall2 and 7ii7 in the matter following subparagraph 7,f71 by striking of a subscriber and all that follows and inserting of a subscriber or customer of such online service provider42 7#c7 in subsection 7d7-- 7,a7 by striking the contents of a wire or electronic communication1 or2 7,b7 by striking sought1 and inserting sought2 and 7,c7 by striking section and inserting subsection2 and 7#d7 by adding after subsection 7j71 as added by section #fja7;c7 of this ,act1 the following3 7k7 ,notice ,except as provided in section #bgje1 an online service provider may notify a subscriber or customer of a receipt of a warrant1 court order1 subpoena1 or request under subsection 7a71 7c71 or 7d7 of this section4 7l7 ,rule of construction related to legal process ,nothing in this section or in section #bgjb shall modify the authorities for a governmental entity to obtain a wire or electronic communication 7including the contents of that communication7 from a provider of a remote computing service or electronic communication service if-- 7#a7 the originator1 addressee1 or intended recipient of such communication is an officer1 director1 employee1 or agent of the provider acting in their capacity as such an officer1 director1 employee1 or agent2 or 7#b7 the communication-- 7,a7 advertises or promotes a product or service2 and 7,b7 has been made readily available to the general public4 7m7 ,rule of construction related to ,congressional subpoenas ,nothing in this section or in section #bgjb shall limit the power of inquiry vested in the ,congress by article ,i of the ,constitution of the ,united ,states4 4 7d7 ,warrant requirement for stored communications content ,section #bgjc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 1 that is in electronic storage in an electronic communications system for one hundred and eighty days or less12 and 7,b7 by striking the last sentence2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,repealed4 2 and 7#c7 in subsection 7d7 by striking 7b7 or4 #fjd4 ,consistent protections for demands for data held by interactive computing services 7a7 ,definition ,subsection 7a7 of section #bgaa of title #ah1 ,united ,states ,code1 as so designated and amended by section #fja of this ,act1 is amended by adding at the end the following3 7#h7 the term online service provider means a provider of electronic communication service1 a provider of remote computing service1 or a provider of an interactive computer service 7as defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f7772 and 4 7b7 ,required disclosure ,section #bgjc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by striking a provider of electronic communication service and inserting an online service provider2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking a provider of electronic communication service or remote computing service and inserting an online service provider2 and 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking ,a provider of electronic communication service or remote computing service and inserting ,an online service provider2 and 7#c7 in subsection 7g71 by striking a provider of electronic communications service or remote computing service and inserting an online service provider4 #fje4 ,consistent protections from ,federal law enforcement for real-time and historical metadata ,chapter #bjf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #cabb7;b71 by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 for an application submitted by an attorney for the ,government1 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 agency2 or 2 and 7#b7 in section #cabc7;a77#a71 in the first sentence-- 7,a7 by striking the court shall enter and inserting the court may enter2 and 7,b7 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 material4 #fjf4 ,subpoenas for certain subscriber information ,section #bgjc7;c77#b7 of title #ah1 ,united ,states ,code1 is amended1 in the matter following subparagraph 7,f71 as amended by section #fjc7;c7 of this ,act1 by inserting with respect to whom the governmental entity identifies the name1 address1 temporarily assigned network address1 or account identifier 7such as a user name7 before the period at the end4 #fjg4 ,minimization standards for voluntary disclosure of customer communications or records 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall issue and make publicly available minimization procedures applicable to disclosures to a ,federal agency under paragraph 7#e7 or 7#h7 of subsection 7b7 or paragraph 7#c7 or 7#d7 of subsection 7c7 of section #bgjb of title #ah1 ,united ,states ,code4 7b7 ,contents ,the procedures issued under subsection 7a7 shall include provisions to-- 7#a7 limit1 to the greatest extent possible1 the acquisition1 use1 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 intended2 7#b7 to the greatest extent possible1 remove personally identifiable information prior to acquisition2 7#c7 to the extent personally identifiable information cannot be removed prior to acquisition1 mask such information prior to its use or dissemination1 consistent with the purpose for which the disclosure was intended2 and 7#d7 ensure that no contents of communications or records or other information are retained by the agency to which the disclosure was made1 or any agency to which the contents of communications or records or other information were disclosed1 after the completion of the investigation or action for which the disclosure was intended4 #fjh4 ,consistent privacy protections for data held by data brokers ,section #bgjc of title #ah1 ,united ,states ,code1 as amended by section #fjc of this ,act1 is amended by adding at the end the following3 7n7 ,covered personal data 7#a7 ,definitions ,in this subsection1 the terms covered personal data and covered organization have the meanings given such terms in section #bgjb7;e74 7#b7 ,limitation ,unless a governmental entity obtains an order in accordance with paragraph 7#c71 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 provider4 7#c7 ,orders 7,a7 ,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 provider4 7,b7 ,standard ,for purposes of subparagraph 7,a71 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 provider4 4 #fji4 ,protection of data entrusted to intermediary or ancillary service providers 7a7 ,definition ,subsection 7a7 of section #bgaa of title #ah1 ,united ,states ,code1 as so designated and amended by sections #fja and #fjd of this ,act1 is amended by adding at the end the following3 7#i7 the term intermediary or ancillary service provider means an entity or facilities owner or operator that directly or indirectly delivers1 transmits1 stores1 or processes communications or any other covered personal data 7as defined in section #bgjb7;e7 of this title7 for1 or on behalf of1 an online service provider4 4 7b7 ,prohibition ,section #bgjb7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b77;,b71 by striking and at the end2 7#c7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#d7 an intermediary or ancillary service provider may not knowingly disclose-- 7,a7 to any person or entity the contents of a communication while in electronic storage by that intermediary or ancillary service provider2 or 7,b7 to any governmental entity a record or other information pertaining to a subscriber to or customer of1 a recipient of a communication from a subscriber to or customer of1 or the sender of a communication to a subscriber to or customer of1 the online service provider for1 or on behalf of1 which the intermediary or ancillary service provider directly or indirectly delivers1 transmits1 stores1 or processes communications or any other covered personal data 7as defined in subsection 7e774 4 #faj4 ,modernizing criminal surveillance reports 7a7 ,reports concerning access to customer communications or records 7#a7 ,in general ,section #bgjc of title #ah1 ,united ,states ,code1 as amended by section #fjh of this ,act1 is amended by adding at the end the following3 7o7 ,reports concerning access to customer communications or records 7#a7 ,in general ,in ,january of each year1 any judge who has issued an order under this section or a warrant to obtain records described in this section1 or who has denied approval of an application under this section during the preceding year1 shall report to the ,administrative ,office of the ,united ,states ,courts-- 7,a7 the fact that the order or warrant was applied for2 7,b7 the type of records sought in the order or warrant2 7,c7 whether the order or warrant was-- 7i7 granted as applied for2 7ii7 granted as modified2 or 7iii7 denied2 7,d7 the subsection of this section under which the application for the order or warrant was filed2 7,e7 the nature of the offense or criminal investigation that was the basis for the application for the order or warrant2 7,f7 the name of each provider of electronic communication service or remote computing service served with the order or warrant1 if so granted2 and 7,g7 the investigative or law enforcement agency that submitted the application4 7#b7 ,public report ,in ,june of each year1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall publish on the website of the ,administrative ,office of the ,united ,states ,courts and include in the report required under section #beai7c7-- 7,a7 a full and complete report concerning the number of applications for orders or warrants requiring the disclosure of1 during the preceding calendar year-- 7i7 the contents of wire or electronic communications in electronic storage under subsection 7a72 and 7ii7 records concerning electronic communication service or remote computer service under subsection 7c72 7,b7 the number of orders and warrants granted or denied under this section during the preceding calendar year2 and 7,c7 a detailed summary and analysis of each category of data required to be filed with the ,administrative ,office of the ,united ,states ,courts under paragraph 7#a74 7#c7 ,format ,not later than #ahj days after the date of enactment of the ,government ,surveillance ,reform ,act of #bjbf1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall1 in consultation with the ,national ,institute of ,standards and ,technology1 the ,administrator of ,general ,services1 the ,electronic ,public ,access ,public ,user ,group1 private entities offering electronic case management software1 the ,national ,center for ,state ,courts1 and the ,national ,american ,indian ,court ,judges ,association1 publish a machine readable form that shall be used for any report required under paragraph 7#a74 7#d7 ,regulations ,the ,director of the ,administrative ,office of the ,united ,states ,courts may issue binding regulations with respect to the content and form of the reports required under paragraph 7#a74 4 7#b7 ,technical and conforming amendment ,section #beai7c7 of title #ah1 ,united ,states ,code1 is amended1 in the first sentence1 by inserting publish on the website of the ,administrative ,office of the ,united ,states ,courts and before transmit4 7b7 ,reports concerning pen registers and trap and trace devices ,section #cabf of title #ah1 ,united ,states ,code1 is amended to read as follows3 #cabf4 ,reports concerning pen registers and trap and trace devices 7a7 ,in general ,in ,january of each year1 any judge who has issued an order 7or an extension thereof7 under section #cabc that expired during the preceding year1 or who has denied approval of an installation and use of a pen register or trap and trace device during that year1 shall report to the ,administrative ,office of the ,united ,states ,courts-- 7#a7 the fact that an order or extension was applied for2 7#b7 the kind of order or extension applied for2 7#c7 the fact that the order or extension was granted as applied for1 was modified1 or was denied2 7#d7 the period of installation and use of a pen register or trap and trace device authorized by the order1 and the number and duration of any extensions of the order2 7#e7 the offense specified in the order or application1 or extension of an order2 7#f7 the precise nature of the facilities affected and the precise nature of the information sought2 and 7#g7 the investigative or law enforcement agency that submitted the application4 7b7 ,public report ,in ,june of each year1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall publish on the website of the ,administrative ,office of the ,united ,states ,courts and include in the report required under section #beai7c7-- 7#a7 a full and complete report concerning-- 7,a7 the number of applications for orders authorizing or approving the installation and use of a pen register or trap and trace device pursuant to this chapter2 and 7,b7 the number of orders and extensions granted or denied pursuant to this chapter during the preceding calendar year2 and 7#b7 a detailed summary and analysis of each category of data required to be reported under subsection 7a74 7c7 ,format ,not later than #ahj days after the date of enactment of the ,government ,surveillance ,reform ,act of #bjbf1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall1 in consultation with the ,national ,institute of ,standards and ,technology and the ,administrator of ,general ,services1 private entities offering electronic case management software1 the ,national ,center for ,state ,courts1 and the ,national ,american ,indian ,court ,judges ,association1 publish a machine readable form that shall be used for any report required under subsection 7a74 7d7 ,regulations ,the ,director of the ,administrative ,office of the ,united ,states ,courts may issue binding regulations with respect to the content and form of the reports required under subsection 7a74 4 7c7 ,reporting of voluntary disclosures ,section #bgjb7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking emergency and inserting voluntary2 7#b7 in the matter preceding paragraph 7#a71 by inserting and publish on the website of the ,department of ,justice after ,senate2 7#c7 in paragraph 7#a7-- 7,a7 by striking the ,department of ,justice and inserting each ,federal agency2 and 7,b7 by striking subsection 7b77#h7 and inserting paragraph 7#e7 or 7#h7 of subsection 7b7 or paragraph 7#c7 or 7#d7 of subsection 7c71 broken down by each such paragraph2 7#d7 in paragraph 7#b77;,a7-- 7,a7 by striking ,department of ,justice and inserting ,federal agency2 and 7,b7 by striking subsection 7b77#h7 and inserting paragraph 7#e7 or 7#h7 of subsection 7b7 or paragraph 7#c7 or 7#d7 of subsection 7c72 and 7#e7 by striking paragraph 7#c74 #faa4 ,limitation of amendments to ,federal departments and agencies 7a7 ,in general 7#a7 ,voluntary disclosure 7,a7 ,in general ,section #bgjb of title #ah1 ,united ,states ,code1 is amended by adding after subsection 7g71 as added by section #bja of this ,act1 the following3 7h7 ,special procedures for voluntary disclosure to non-,federal entities 7#a7 ,in general ,the prohibitions in subsection 7a7 shall not apply to disclosures to a ,state or local governmental entity4 7#b7 ,specific prohibitions ,except as provided in paragraphs 7#c7 and 7#d7-- 7,a7 a person or entity providing an electronic communication service to the public shall not knowingly divulge to a department or agency of a ,state or local government the contents of a communication while in electronic storage by that service2 7,b7 a person or entity providing remote computing service to the public shall not knowingly divulge to a department or agency of a ,state or local government the contents of any communication which is carried or maintained on that service-- 7i7 on behalf of1 and received by means of electronic transmission from 7or created by means of computer processing of communications received by means of electronic transmission from71 a subscriber or customer of such service2 and 7ii7 solely for the purpose of providing storage or computer processing services to such subscriber or customer1 if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing2 and 7,c7 a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service 7not including the contents of communications covered by subparagraph 7,a7 or 7,b77 to a department or agency of a ,state or local government4 7#c7 ,exceptions for disclosure of communications ,a provider described in paragraph 7#b7 may divulge the contents of a communication-- 7,a7 to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient2 7,b7 as otherwise authorized in section #beag1 #beaa7b77;a71 or #bgjc;,a of this title2 7,c7 with the lawful consent of the originator or an addressee or intended recipient of such communication1 or the subscriber in the case of remote computing service2 7,d7 to a person employed or authorized or whose facilities are used to forward such communication to its destination2 7,e7 as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service2 7,f7 to a law enforcement agency of a ,state or local government1 if the contents-- 7i7 were inadvertently obtained by the service provider2 and 7ii7 appear to pertain to the commission of a crime2 or 7,g7 to a department or agency of a ,state or local government1 if the provider1 in good faith1 believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency4 7#d7 ,exceptions for disclosure of customer records ,a provider described in paragraph 7#b7 may divulge a record or other information pertaining to a subscriber to or customer of such service 7not including the contents of communications covered by subparagraph 7,a7 or 7,b7 of paragraph 7#b77-- 7,a7 as otherwise authorized in section #bgjc;,a2 7,b7 with the lawful consent of the customer or subscriber2 7,c7 as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service2 or 7,d7 to a department or agency of a ,state or local government1 if the provider1 in good faith1 believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency4 4 7#b7 ,required disclosure 7,a7 ,in general ,section #bgjc of title #ah1 ,united ,states ,code is amended-- 7i7 in the section heading1 by adding to ,federal departments and agencies at the end2 and 7ii7 by adding after subsection 7o71 as added by section #faj of this ,act1 the following3 7p7 ,limitation to ,federal entities ,notwithstanding section #bgaa1 in this section1 the term governmental entity-- 7#a7 means a department or agency of the ,united ,states2 and 7#b7 does not include a department or agency of a ,state or a political subdivision thereof4 4 7,b7 ,procedures for non-,federal entities ,chapter #aba of title #ah1 ,united ,states ,code1 is amended by inserting after section #bgjc the following3 #bgjc;,a4 ,required disclosure of customer communications or records to ,state and local departments and agencies 7a7 ,contents of wire or electronic communications in electronic storage ,a governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication1 that is in electronic storage in an electronic communications system for one hundred and eighty days or less1 only pursuant to a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures and1 in the case of a court-martial or other proceeding under chapter #dg of title #aj 7the ,uniform ,code of ,military ,justice71 issued under section #hdf of that title1 in accordance with regulations prescribed by the ,president7 by a court of competent jurisdiction4 ,a governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection 7b7 of this section4 7b7 ,contents of wire or electronic communications in a remote computing service 7#a7 ,a governmental entity may require a provider of remote computing service to disclose the contents of any wire or electronic communication to which this paragraph is made applicable by paragraph 7#b7 of this subsection-- 7,a7 without required notice to the subscriber or customer1 if the governmental entity obtains a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures and1 in the case of a court-martial or other proceeding under chapter #dg of title #aj 7the ,uniform ,code of ,military ,justice71 issued under section #hdf of that title1 in accordance with regulations prescribed by the ,president7 by a court of competent jurisdiction2 or 7,b7 with prior notice from the governmental entity to the subscriber or customer if the governmental entity-- 7i7 uses an administrative subpoena authorized by a ,federal or ,state statute or a ,federal or ,state grand jury or trial subpoena2 or 7ii7 obtains a court order for such disclosure under subsection 7d7 of this section2 except that delayed notice may be given pursuant to section #bgje of this title4 7#b7 ,paragraph 7#a7 is applicable with respect to any wire or electronic communication that is held or maintained on that service-- 7,a7 on behalf of1 and received by means of electronic transmission from 7or created by means of computer processing of communications received by means of electronic transmission from71 a subscriber or customer of such remote computing service2 and 7,b7 solely for the purpose of providing storage or computer processing services to such subscriber or customer1 if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing4 7c7 ,records concerning electronic communication service or remote computing service 7#a7 ,a governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service 7not including the contents of communications7 only when the governmental entity-- 7,a7 obtains a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures and1 in the case of a court-martial or other proceeding under chapter #dg of title #aj 7the ,uniform ,code of ,military ,justice71 issued under section #hdf of that title1 in accordance with regulations prescribed by the ,president7 by a court of competent jurisdiction2 7,b7 obtains a court order for such disclosure under subsection 7d7 of this section2 7,c7 has the consent of the subscriber or customer to such disclosure2 7,d7 submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name1 address1 and place of business of a subscriber or customer of such provider1 which subscriber or customer is engaged in telemarketing 7as such term is defined in section #bcbe of this title72 or 7,e7 seeks information under paragraph 7#b74 7#b7 ,a provider of electronic communication service or remote computing service shall disclose to a governmental entity the-- 7,a7 name2 7,b7 address2 7,c7 local and long distance telephone connection records1 or records of session times and durations2 7,d7 length of service 7including start date7 and types of service utilized2 7,e7 telephone or instrument number or other subscriber number or identity1 including any temporarily assigned network address2 and 7,f7 means and source of payment for such service 7including any credit card or bank account number71 of a subscriber to or customer of such service when the governmental entity uses an administrative subpoena authorized by a ,federal or ,state statute or a ,federal or ,state grand jury or trial subpoena or any means available under paragraph 7#a74 7#c7 ,a governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer4 7d7 ,requirements for court order ,a court order for disclosure under subsection 7b7 or 7c7 may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication1 or the records or other information sought1 are relevant and material to an ongoing criminal investigation4 ,such a court order shall not issue if prohibited by the law of the applicable ,state4 ,a court issuing an order pursuant to this section1 on a motion made promptly by the service provider1 may quash or modify such order1 if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider4 7e7 ,no cause of action against a provider disclosing information under this chapter ,no cause of action shall lie in any court against any provider of wire or electronic communication service1 its officers1 employees1 agents1 or other specified persons for providing information1 facilities1 or assistance in accordance with the terms of a court order1 warrant1 subpoena1 statutory authorization1 or certification under this chapter4 7f7 ,requirement ,to preserve evidence 7#a7 ,in general ,a provider of wire or electronic communication services or a remote computing service1 upon the request of a governmental entity1 shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process4 7#b7 ,period of retention ,records referred to in paragraph 7#a7 shall be retained for a period of #ij days1 which shall be extended for an additional #ij-;day period upon a renewed request by the governmental entity4 7g7 ,presence of officer not required ,notwithstanding section #caje of this title1 the presence of an officer shall not be required for service or execution of a search warrant issued in accordance with this chapter requiring disclosure by a provider of electronic communications service or remote computing service of the contents of communications or records or other information pertaining to a subscriber to or customer of such service4 7h7 ,limitation to non-,federal entities ,notwithstanding section #bgaa1 in this section1 the term governmental entity-- 7#a7 means a department or agency of a ,state or a political subdivision thereof2 and 7#b7 does not include a department or agency of the ,united ,states4 4 7#c7 ,tracking orders by departments and agencies of ,states and local governments ,chapter #bje of title #ah1 ,united ,states ,code1 is amended by inserting after section #caag the following3 #caag;,a4 ,mobile tracking devices for ,state and local departments and agencies 7a7 ,in general ,if a court is empowered to issue a warrant or other order for the installation of a mobile tracking device1 such order may authorize the use of that device by a department or agency of a ,state or a political subdivision of a ,state within the jurisdiction of the court1 and outside that jurisdiction if the device is installed in that jurisdiction4 7b7 ,definition ,as used in this section1 the term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object4 4 7#d7 ,consistent protections from ,state and local law enforcement for real-time and historical metadata ,section #cabb7;b77#b7 of title #ah1 ,united ,states ,code1 as amended by section #fje7a7 of this ,act1 is amended by inserting after subparagraph 7,a7 the following3 7,b7 for an application submitted by a ,state law enforcement or investigative officer1 a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency4 4 7b7 ,limitation on ,federal ,governmental entities 7#a7 ,in general ,a department or agency of the ,united ,states may not obtain or acquire any communications1 data1 records1 or other information1 or any evidence derived therefrom1 from a department or agency of a ,state or a political subdivision thereof that was obtained or acquired by the department or agency of a ,state or political subdivision thereof in a manner that would be a violation of ,federal law if obtained or acquired by the department or agency of the ,united ,states1 or in a manner that would not satisfy the legal standards applicable to the department or agency of the ,united ,states4 7#b7 ,limitation of use as evidence ,communications1 data1 records1 other information1 or evidence obtained or acquired in violation of paragraph 7#a71 and any evidence derived therefrom1 may not be used1 received in evidence1 or otherwise disseminated by1 on behalf of1 or upon a motion or other action by a department or agency of the ,united ,states in any investigation1 trial1 hearing1 or other proceeding by1 in1 or before any court1 grand jury1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof4 7#c7 ,use by aggrieved parties ,nothing in paragraph 7#b7 shall be construed to limit the use of any information by a person aggrieved of a violation of paragraph 7#a7 in connection with any action relating to such a violation4 7c7 ,technical and conforming amendments 7#a7 ,homeland ,security ,act of #bjjb ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended-- 7,a7 in section #bbjg7;d77#b7 7#f ,u4,s4,c4 #feg7;d77#b771 by striking section #bgjb7;b7 and inserting subsection 7b7 or 7h7 of section #bgjb1 as applicable12 and 7,b7 in section #bbbj;,c7e7 7#f ,u4,s4,c4 #ffe;i7e771 by striking section #bgjb and inserting subsection 7b7 or 7h7 of section #bgjb1 as applicable14 7#b7 ,chapter #aaj ,chapter #aaj of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in section #bbeh;,a7g77#d71 by inserting or subparagraphs 7,c7 through 7,g7 of section #bgjb7;h77#c71 as applicable after section #bgjb7;b72 and 7,b7 in section #bbeh;,b-- 7i7 in subsection 7b77#b77;,c71 by striking sections #bbeh;,a1 #bbeh;,c1 #bgjb1 or #bgjc and inserting section #bbeh;,a1 section #bbeh;,c1 subsection 7b7 or 7h7 of section #bgjb 7as applicable71 or section #bgjc or #bgjc;,a 7as applicable72 and 7ii7 in subsection 7d77#b77;,b77iii77,,ii71 by striking sections #bbeh;,a1 #bbeh;,c1 #bgjb1 or #bgjc and inserting section #bbeh;,a1 section #bbeh;,c1 subsection 7b7 or 7h7 of section #bgjb 7as applicable71 or section #bgjc or #bgjc;,a 7as applicable74 7#c7 ,chapter #aba ,chapter #aba of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in section #bgja7;c77#c71 by striking section #bgjc and inserting section #bgjc or #bgjc;,a 7as applicable72 7,b7 in section #bgje-- 7i7 by striking section #bgjc7;b7 each place it appears and inserting section #bgjc;,a7b72 7ii7 in subsection 7a77#d71 by striking section #bgjc and inserting section #bgjc or #bgjc;,a1 as applicable12 and 7iii7 in subsection 7b71 in the matter preceding paragraph 7#a7-- 7,i7 by striking section #bgjc and inserting section #bgjc or #bgjc;,a1 as applicable12 and 7,,ii7 by striking section #bgjc7;b77#a7 and inserting section #bgjc;,a7b77#a72 7,c7 in section #bgjf-- 7i7 in subsection 7a71 by striking section #bgjb1 #bgjc1 or #bgjd of this title and inserting subsection 7b7 or 7h7 of section #bgjb 7as applicable71 section #bgjc or #bgjc;,a 7as applicable71 or section #bgjd2 and 7ii7 in subsection 7c71 by striking section #bgjc of this title and inserting section #bgjc or #bgjc;,a1 as applicable2 and 7,d7 in section #bgjg-- 7i7 in subsection 7a71 by striking section #bgjc7;e71 and inserting section #bgjc7;e7 or section #bgjc;,a7e71 as applicable12 7ii7 in subsection 7e77#a71 by striking section #bgjc7;f7 of this title and inserting section #bgjc7;f7 or section #bgjc;,a7f71 as applicable2 and 7iii7 in subsection 7g71 by striking section #bgjc of this title1 and inserting section #bgjc or #bgjc;,a1 as applicable14 7#d7 ,definition of electronic communication ,section #beaj7ab77;,c7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7,c7 7i7 in the case of a department or agency of the ,united ,states1 a communication from a lawfully installed tracking device 7as defined in section #caag of this title71 if-- 7,i7 the tracking device is physically placed2 or 7,,ii7 the tracking software or functionality of the tracking device is remotely activated and the communication is transmitted by the tracking software or functionality as a result of the remote activation2 or 7ii7 in the case of a department or agency of a ,state or a political subdivision thereof1 any communication from a tracking device 7as defined in section #caag;,a of this title72 or 4 7#e7 ,chapter #aba table of sections ,the table of sections for chapter #aba of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #bgjc and inserting the following3 #bgjc4 ,required disclosure of customer communications or records to ,federal departments and agencies4#bgjc;,a4 ,required disclosure of customer communications or records to ,state and local departments and agencies4 4 7#f7 ,chapter #bje table of sections ,the table of sections for chapter #bje of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #caag and inserting the following3 #caag4 ,tracking orders for ,federal departments and agencies4#caag;,a4 ,mobile tracking devices for ,state and local departments and agencies4 4 7d7 ,conforming amendments to the ,email ,privacy ,act ,section #bgjd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking section #bgjc7;b77#b7 and inserting section #bgjc;,a7b77#b72 and 7,b7 in paragraph 7#e71 by striking section #bgjc and inserting section #bgjc;,a2 and 7#b7 by adding at the end the following3 7c7 ,limitation to non-,federal entities ,notwithstanding section #bgaa1 in this section1 the term governmental entity-- 7#a7 means a department or agency of a ,state or a political subdivision thereof2 and 7#b7 does not include a department or agency of the ,united ,states4 4 ,,vii ,protection of car data from ,federal warrantless searches #gja4 ,protection of car data from ,federal warrantless searches 7a7 ,in general ,part ,i of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abd ,accessing vehicle data ,sec4#bgcj4 ,definitions4#bgca4 ,prohibition on ,federal access to vehicle data4#bgcb4 ,prohibition on use of acquired information as evidence4 #bgcj4 ,definitions ,in this chapter3 7#a7 ,access ,the term access means any retrieval of covered vehicle data1 regardless of-- 7,a7 whether the data is obtained as the information is being produced or from digital storage2 and 7,b7 where the vehicle data is stored or transmitted1 including by wire or radio4 7#b7 ,consent ,the term consent-- 7,a7 means an affirmative1 express1 and voluntary agreement that-- 7i7 states that the person providing the consent is providing consent to a government official to access the digital contents1 access credential1 or online account information1 or other information being sought2 7ii7 specifies the type of content1 access credential1 or online account information the person is providing access to2 7iii7 specifies the time period of the covered vehicle data to be accessed2 7iv7 informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained2 7v7 does not involve sanctions or the threat of sanctions for withholding consent2 and 7vi7 uses clear1 simple1 and comprehensible language that is presented in a way that is accessible to the person providing consent2 and 7,b7 does not include consent obtained through agreement to a generic privacy policy or a terms of service agreement4 7#c7 ,covered vehicle data ,the term covered vehicle data-- 7,a7 means all onboard and telematics data generated by1 processed by1 or stored on a noncommercial vehicle using computing1 storage and communication systems installed1 attached to1 or carried in the vehicle1 including diagnostic data1 entertainment system data1 navigation data1 images or data captured by onboard sensors1 or cameras1 including images or data used to support automated features or autonomous driving1 internet access1 and communication to and from vehicle occupants2 7,b7 includes data gathered by event data recorders2 and 7,c7 does not include-- 7i7 automotive software installed by the manufacturer1 as defined by applicable industry standards or regulations2 7ii7 any data subject to chapter #aai of this title or section #ajd of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjd72 or 7iii7 data that is collected from outside the vehicle1 including speed data and geolocation data1 for purposes of traffic1 law enforcement1 or toll collection4 7#d7 ,event data recorder ,the term event data recorder has the meaning given the term in section #efc4e of title #di1 ,code of ,federal ,regulations 7as in effect on ,march #e1 #bjai74 7#e7 ,federal investigative or law enforcement officer ,the term ,federal investigative or law enforcement officer means any officer of the ,united ,states1 who is empowered by law to execute searches1 to seize evidence1 or to make arrests for a violation of any ,federal law4 7#f7 ,noncommercial vehicle ,the term noncommercial vehicle has the meaning given the term non-,,cmv in section #chc4e of title #di1 ,code of ,federal ,regulations4 7#g7 ,vehicle operator ,the term vehicle operator means-- 7,a7 a person who controls the operation of a vehicle at the time consent is sought2 and 7,b7 with respect to a vehicle that is not classified as a highly autonomous vehicle by the ,secretary of ,transportation1 the driver of the vehicle4 #bgca4 ,prohibition on ,federal access to vehicle data 7a7 ,in general ,except as provided in subsection 7b71 a ,federal investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule #da of the ,federal ,rules of ,criminal ,procedure by a court of competent jurisdiction1 or as otherwise provided in this chapter or sections #ajd and #cjc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjd1 #ahbc74 7b7 ,exceptions 7#a7 ,consent 7,a7 ,in general ,a ,federal investigative or law enforcement officer may access covered vehicle data if-- 7i7 the vehicle operator provides prior consent to such access2 and 7ii7 no passenger #ad years of age or older objects to the access4 7,b7 ,vehicle owner ,if the vehicle operator cannot be located with reasonable effort1 the vehicle owner or1 in the case of a leased vehicle1 the lessee1 may provide consent under this paragraph4 7,c7 ,unlawful possession ,no individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual-- 7i7 is the vehicle operator who is in unlawful possession of the vehicle2 or 7ii7 is a passenger who unlawfully obtained access to the vehicle4 7,d7 ,oral consent ,consent provided under this paragraph shall be in writing unless-- 7i7 the person providing the consent requests that the consent be made orally2 and 7ii7 the request for consent and the consent are recorded4 7,e7 ,consent of vehicle operator ,if the vehicle operator is not the owner of the vehicle and provides consent under this paragraph1 the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator4 7#b7 ,emergency 7,a7 ,in general ,a ,federal investigative or law enforcement officer1 the ,attorney ,general1 the ,deputy ,attorney ,general1 or the ,associate ,attorney ,general may access covered vehicle data if-- 7i7 such officer reasonably determines that an emergency situation exists that-- 7,i7 involves immediate danger of death or serious physical injury to any person2 and 7,,ii7 requires access to covered vehicle data before such officer can1 with due diligence1 obtain a warrant2 7ii7 there are grounds upon which a warrant could be granted to authorize such access2 and 7iii7 an application for a warrant approving such access is submitted to a court within #dh hours after the access has occurred or begins to occur4 7,b7 ,denial ,if an application for a warrant submitted pursuant to subparagraph 7,a77iii7 is denied1 any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter4 7#c7 ,event data recorder for motor vehicle safety ,in addition to the exceptions in paragraphs 7#a7 and 7#b71 data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph 7#c71 7#d71 or 7#e7 of section #bdcjb7;b7 of the ,driver ,privacy ,act of #bjae 7#di ,u4,s4,c4 #cjaja note74 7#d7 ,rule of construction ,nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored1 or the retrieval of data that is not generally retrievable4 #bgcb4 ,prohibition on use of acquired information as evidence 7a7 ,in general ,if any covered vehicle data has been acquired in violation of this chapter1 no part of such information and no evidence derived therefrom may be used1 received in evidence1 or otherwise disseminated in any investigation1 trial1 hearing1 or other proceeding by1 in1 or before any court1 grand jury1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof4 7b7 ,probable cause ,no data described in section #bgca7;b77#c7 may be used to establish probable cause4 4 7b7 ,technical and conforming amendments 7#a7 ,driver ,privacy ,act of #bjae ,section #bdcjb of the ,driver ,privacy ,act of #bjae 7#di ,u4,s4,c4 #cjaja note7 is amended-- 7,a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,data and inserting ,except as provided in subsection 7c71 data2 and 7,b7 by adding at the end the following3 7c7 ,federal investigative or law enforcement officers ,a ,federal investigative or law enforcement officer 7as defined in section #bgcj of title #ah1 ,united ,states ,code7 may only access or retrieve data recorded or transmitted by an event data recorder described in subsection 7a7 in accordance with chapter #abd of title #ah1 ,united ,states ,code4 4 7#b7 ,table of chapters ,the table of chapters for part #a of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abd4;,accessing vehicle data#bgcj 4 ,,viii ,intelligence transparency #hja4 ,enhanced annual reports by ,director of the ,administrative ,office of the ,united ,states ,courts ,section #fjc7;a77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7;a77#a77 is amended-- 7#a7 in subparagraph 7,f71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,g71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,h7 the number of certifications by the ,foreign ,intelligence ,surveillance ,court pursuant to section #ajc7;j72 7,i7 the number of petitions to certify a question made by an amicus curiae pursuant to section #ajc7;i77#g77;,a72 7,j7 the number of hearings or rehearings by the ,foreign ,intelligence ,surveillance ,court en banc pursuant to section #ajc7;a77#b71 disaggregated by hearings or rehearings by such court en banc pursuant to clause 7i7 or 7ii7 of such section2 and 7,k7 the number of times amici curiae have been appointed pursuant to section #ajc7;i77#b74 4 #hjb4 ,enhanced annual reports by ,director of ,national ,intelligence 7a7 ,in general ,subsection 7b7 of section #fjc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7;b77 is amended-- 7#a7 in paragraph 7#b77;,c71 by striking the semicolon and inserting 2 and2 7#b7 by redesignating paragraphs 7#c7 through 7#g7 as paragraphs 7#f7 through 7#aj71 respectively2 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 a description of the subject matter of each of the certifications provided under section #gjb7;h72 7#d7 statistics revealing the number of persons and identifiers targeted under section #gjb7;a71 disaggregated by certification under which the person or identifier was targeted2 7#e7 the total number of directives issued pursuant to section #gjb7;i77#a71 disaggregated by each type of electronic communication service provider described in each of the subparagraphs of section #gja7;b77#d72 2 and 7#d7 by adding at the end the following3 7#aa7 7,a7 the total number of disseminated intelligence reports derived from collection pursuant to section #gjb containing the identities of ,united ,states persons regardless of whether the identities of the ,united ,states persons were openly included or masked2 7,b7 the total number of disseminated intelligence reports derived from collection pursuant to section #gjb containing the identities of ,united ,states persons in which the identities of the ,united ,states persons were masked2 7,c7 the total number of disseminated intelligence reports derived from collection outside the authorities provided by this ,act containing the identities of ,united ,states persons in which the identities of the ,united ,states persons were masked2 7,d7 the total number of disseminated intelligence reports derived from collection pursuant to section #gjb containing the identities of ,united ,states persons in which the identities of the ,united ,states persons were openly included2 and 7,e7 the total number of disseminated intelligence reports derived from collection outside the authorities provided by this ,act containing the identities of ,united ,states persons in which the identities of the ,united ,states persons were openly included2 7#ab7 7,a7 the number of queries conducted in an effort to find communications or information of or about a covered person that required a warrant pursuant to section #cjb of the ,government ,surveillance ,reform ,act of #bjbf2 and 7,b7 the number of queries conducted in an effort to find communications or information of or about a covered person that did not require a warrant pursuant to section #cjb of the ,government ,surveillance ,reform ,act of #bjbf2 and 7#ac7 the number of criminal proceedings in which the ,federal ,government or a government of a ,state or political subdivision thereof entered into evidence or otherwise used or disclosed in a criminal proceeding any information obtained or derived from an acquisition conducted for foreign intelligence purposes outside the authorities provided by this ,act1 regardless of whether such acquisition occurred inside or outside the ,united ,states4 4 7b7 ,repeal of nonapplicability to ,federal ,bureau of ,investigation of certain requirements ,subsection 7d7 of such section is amended-- 7#a7 by striking paragraph 7#b72 and 7#b7 by redesignating paragraph 7#c7 as paragraph 7#b74 7c7 ,conforming amendment ,subsection 7d77#a7 of such section is amended by striking paragraphs 7#c71 7#e71 or 7#f7 and inserting paragraph 7#f71 7#h71 or 7#i74 #hjc4 ,annual reporting on accuracy and completeness of applications ,section #fjc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7 is amended-- 7#a7 by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,annual report by ,attorney ,general on accuracy and completeness of applications 7#a7 ,report required ,in ,april each year1 the ,attorney ,general shall submit to the appropriate committees of ,congress and publish on the website of the ,department of ,justice1 subject to a declassification review1 a report setting forth1 with respect to the preceding calendar year1 the following3 7,a7 ,a summary of all accuracy or completeness reviews of applications for court orders submitted to the ,foreign ,intelligence ,surveillance ,court by the ,federal ,bureau of ,investigation under this ,act4 7,b7 ,the total number of such applications reviewed for accuracy or completeness4 7,c7 ,the total number of material errors or omissions identified during such reviews4 7,d7 ,the total number of nonmaterial errors or omissions identified during such reviews4 7,e7 ,the total number of instances in which facts contained in an application were not supported by documentation that existed in the applicable file being reviewed at the time of the review4 7,f7 ,an explanation for any increase or decrease in the number of errors identified under subparagraphs 7,c7 and 7,d71 and in the event of an increase in the number of errors1 a description of any action taken by the ,department to improve compliance and accuracy4 7#b7 ,inspector ,general risk assessment ,in addition to conducting audits under section #eja of the ,government ,surveillance ,reform ,act of #bjbf1 the ,inspector ,general of the ,department of ,justice shall-- 7,a7 periodically assess the reports required by paragraph 7#a72 and 7,b7 as determined by the ,inspector ,general1 report any risks identified through such assessments to the appropriate committees of ,congress4 7#c7 ,definition of appropriate committees of ,congress ,in this subsection1 the term appropriate committees of ,congress has the meaning given that term in section #aja4 4 #hjd4 ,allowing more granular aggregate reporting by recipients of foreign intelligence surveillance orders 7a7 ,modification of aggregation banding ,subsection 7a7 of section #fjd of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgd7 is amended-- 7#a7 by striking paragraphs 7#a7 through 7#c7 and inserting the following3 7#a7 ,a semiannual report that aggregates the number of orders1 directives1 or national security letters with which the person was required to comply into separate categories of-- 7,a7 the number of national security letters received1 reported-- 7i7 for the first #a1jjj national security letters received1 in bands of #bjj starting with #a-bjj2 and 7ii7 for more than #a1jjj national security letters received1 the precise number of national security letters received2 7,b7 the number of customer selectors targeted by national security letters1 reported-- 7i7 for the first #a1jjj customer selectors targeted1 in bands of #bjj starting with #a-bjj2 and 7ii7 for more than #a1jjj customer selectors targeted1 the precise number of customer selectors targeted2 7,c7 the number of orders or directives received1 combined1 under this ,act for contents-- 7i7 reported-- 7,i7 for the first #a1jjj orders and directives received1 in bands of #bjj starting with #a-bjj2 and 7,,ii7 for more than #a1jjj orders and directives received1 the precise number of orders received2 and 7ii7 disaggregated by whether the order or directive was issued under section #aje1 #djb1 or #gjb2 7,d7 the number of customer selectors targeted under orders or directives received1 combined1 under this ,act for contents-- 7i7 reported-- 7,i7 for the first #a1jjj customer selectors targeted1 in bands of #bjj starting with #a-bjj2 and 7,,ii7 for more than #a1jjj customer selectors targeted1 the precise number of customer selectors targeted2 and 7ii7 disaggregated by whether the order or directive was issued under section #aje1 #djb1 or #gjb2 7,e7 the number of orders or directives received under this ,act for noncontents-- 7i7 reported-- 7,i7 for the first #a1jjj orders or directives received1 in bands of #bjj starting with #a-bjj2 and 7,,ii7 for more than #a1jjj orders or directives received1 the precise number of orders received2 and 7ii7 disaggregated by whether the order or directive was issued under section #aje1 #djb1 or #gjb2 and 7,f7 the number of customer selectors targeted under orders or directives under this ,act for noncontents-- 7i7 reported-- 7,i7 for the first #a1jjj customer selectors targeted1 in bands of #bjj starting with #a-bjj2 and 7,,ii7 for more than #a1jjj customer selectors targeted1 the precise number of customer selectors targeted2 and 7ii7 disaggregated by whether the order or directive was issued under section #aje1 #djb1 or #gjb4 2 and 7#b7 by redesignating paragraph 7#d7 as paragraph 7#b74 7b7 ,additional disclosures ,such section is amended-- 7#a7 by redesignating subsections 7b7 through 7d7 as subsections 7c7 through 7e71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,additional disclosures ,a person who publicly reports information under subsection 7a7 may also publicly report1 using a semiannual report1 information relating to the previous #ahj days that indicates whether the person was or was not required to comply with an order1 directive1 or national security letter issued under each of sections #aje1 #djb1 and #gjb and the provisions listed in section #fjc7;f77#c74 4 7c7 ,conforming amendments ,subsection 7c7 of such section1 as redesignated by subsection 7b77#a7 of this section1 is amended-- 7#a7 in paragraph 7#a71 by striking or 7#b72 7#b7 by striking paragraph 7#b72 7#c7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#d7 in paragraph 7#b71 as so redesignated1 by striking 7#d7 and inserting 7#b74 #hje4 ,report on use of foreign intelligence surveillance authorities regarding protected activities and protected classes 7a7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,privacy and ,civil ,liberties ,oversight ,board shall make publicly available and submit to the appropriate committees of ,congress a report on the use of activities and protected classes described in subsection 7b7 in-- 7#a7 applications for orders made by the ,united ,states ,government under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq472 and 7#b7 investigations for which such orders are sought4 7b7 ,activities and protected classes described ,the activities and protected classes described in this subsection are the following3 7#a7 ,activities and expression protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7#b7 ,race1 ethnicity1 national origin1 and religious affiliation4 7c7 ,form ,in addition to the report made publicly available and submitted under subsection 7a71 the ,board may submit to the appropriate committees of ,congress a classified annex4 #hjf4 ,publication of estimates regarding communications collected under certain provisions of ,foreign ,intelligence ,surveillance ,act of #aigh ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall publish a good faith estimate of-- 7#a7 the number of ,united ,states persons whose communications are collected under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a72 or 7#b7 the number of communications collected under such section to which a party is a person located in the ,united ,states at the time of communication4 #hjg4 ,enhanced reporting of assessments of compliance with emergency order requirements under certain provisions of the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,electronic surveillance 7#a7 ,annual assessment ,section #aje7;e77#f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje7;e77#f77 is amended by striking shall assess compliance and inserting shall not less frequently than annually assess compliance4 7#b7 ,reporting ,section #ajh7;a77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjh7;a77#b77 is amended-- 7,a7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,d71 by striking section #cja7;e74 and inserting section #cjd7;e72 and2 and 7,c7 by adding at the end the following3 7,e7 the annual assessment conducted pursuant to section #aje7;e77#f74 4 7b7 ,physical searches 7#a7 ,annual assessment ,section #cjd7;e77#f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahbd7;e77#f77 is amended by striking shall assess compliance and inserting shall not less frequently than annually assess compliance4 7#b7 ,reporting ,section #cjf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahbf7 is amended-- 7,a7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#d71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#e7 the annual assessment conducted pursuant to section #cjd7;e77#f74 4 ,,ix ,severability and limited delays in implementation #ija4 ,rule of construction with respect to ,state and local law enforcement authorities ,nothing in this ,act1 or an amendment made by this ,act1 shall be construed to modify the authorities or affect the procedures for the acquisition of records by any department or agency of a ,state or a political subdivision thereof as in effect on the day before the date of the enactment of this ,act4 #ijb4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remaining provisions of and amendments made by this ,act1 and the application of the provision or amendment held to be unconstitutional to any other person or circumstance1 shall not be affected thereby4 #ijc4 ,limited delays in implementation ,the ,attorney ,general may1 in coordination with the ,director of ,national ,intelligence as may be appropriate1 delay implementation of a provision of this ,act or an amendment made by this ,act for a period of not more than #a year upon a showing to the appropriate committees of ,congress that the delay is necessary-- 7#a7 to develop and implement technical systems needed to comply with the provision or amendment2 or 7#b7 to hire or train personnel needed to comply with the provision or amendment4