,,ii ,calendar ,no4 #cga #aaith ,,congress #b;d ,session ,s4 #dbhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ac1 #bjbf,mr4 ,lee 7for himself and ,mr4 ,durbin7 introduced the following bill2 which was read the first time ,april #ad1 #bjbf,read the second time and placed on the calendar ,a ,,bill ,to amend the ,foreign ,intelligence ,surveillance ,act of #aigh to reauthorize and reform certain authorities and to provide greater transparency and oversight4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,security ,and ,freedom ,enhancement ,act of #bjbf or the ,,safe ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,protections for ,united ,states persons whose communications are collected under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh,sec4 #aja4 ,query procedure reform4,sec4 #ajb4 ,annual reports4,sec4 #ajc4 ,accountability and reporting procedures for compliance violations relating to queries conducted by the ,federal ,bureau of ,investigation4,sec4 #ajd4 ,prohibition on reverse targeting of ,united ,states persons and persons located in the ,united ,states4,sec4 #aje4 ,,fisa court review of targeting decisions4,sec4 #ajf4 ,sunset of changes to definition of electronic communication service provider4,sec4 #ajg4 ,limitation on directives under ,foreign ,intelligence ,surveillance ,act of #aigh relating to certain electronic communication service providers4,sec4 #ajh4 ,extension of title ,,vii of ,,fisa2 expiration of ,,fisa authorities2 effective dates4,,title ,,ii--,additional reforms relating to activities under the ,foreign ,intelligence ,surveillance ,act of #aigh,sec4 #bja4 ,required disclosure of information and limits on use of certain information and on issuance of orders4,sec4 #bjb4 ,criminal penalties for violations of ,,fisa4,sec4 #bjc4 ,agency procedures ,to ensure compliance4,sec4 #bjd4 ,limit on civil immunity for providing information1 facilities1 or technical assistance to the ,government absent a court order4,sec4 #bje4 ,prohibition on avoiding disclosure obligations through parallel construction4,sec4 #bjf4 ,sunset on grandfather clause of ,,fisa's business records provision4,,title ,,iii--,reforms relating to proceedings before the ,foreign ,intelligence ,surveillance ,court and other courts,sec4 #cja4 ,foreign ,intelligence ,surveillance ,court reform4,sec4 #cjb4 ,public disclosure and declassification of certain documents4,sec4 #cjc4 ,technical amendment to contempt power of ,,fisc and ,,fisc-,r4,,title ,,iv--,independent executive branch oversight,sec4 #dja4 ,periodic audit of ,,fisa compliance by ,inspector ,general4,,title ,v--,protections for ,united ,states persons whose sensitive information is purchased by intelligence and law enforcement agencies,sec4 #eja4 ,limitation on intelligence acquisition of ,united ,states person data4,sec4 #ejb4 ,limitation on law enforcement purchase of personal data from data brokers4,sec4 #ejc4 ,consistent protections for demands for data held by interactive computing services4,sec4 #ejd4 ,consistent privacy protections for data held by data brokers4,sec4 #eje4 ,protection of data entrusted to intermediary or ancillary service providers4,,title ,,vi--,transparency,sec4 #fja4 ,enhanced reports by ,director of ,national ,intelligence4,sec4 #fjb4 ,notification to ,congress of certain unauthorized disclosures4,,title ,,vii--,limited delays in implementation,sec4 #gja4 ,limited delays in implementation4 ,i ,protections for ,united ,states persons whose communications are collected under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh #aja4 ,query procedure reform 7a7 ,mandatory audits of ,united ,states person queries conducted by ,federal ,bureau of ,investigation 7#a7 ,in general ,the ,department of ,justice shall conduct an audit that reviews each covered query1 as defined in paragraph 7#h7 of section #gjb7;f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7f771 as redesignated and amended by subsection 7b7 of this section1 conducted during the #ahj-;day period beginning on the date of enactment of this ,act1 and during each #ahj-;day period thereafter4 7#b7 ,completion of audit 7,a7 ,in general ,not later than #ij days after the end of each #ahj-;day period described in paragraph 7#a71 the ,department of ,justice shall complete the audit described in such paragraph with respect to such #ahj-;day period4 7,b7 ,submission to ,congress ,not later than #cj days after completing each audit required under paragraph 7#a71 the ,department of ,justice shall submit to the appropriate committees of ,congress the complete and unredacted results of the audit4 7,c7 ,briefing regarding untimely audits ,if the ,department of ,justice fails to complete and send the results of an audit required under paragraph 7#a7 to the appropriate committees of ,congress on or before the date that #abj days after the end of the #ahj-;day period to which the audit relates1 not later than #abg days after the end of such #ahj-;day period1 the ,department of ,justice shall conduct an in-person briefing with the appropriate committees of ,congress4 7,d7 ,definition ,in this paragraph1 the term appropriate committees of ,congress means-- 7i7 the congressional intelligence committees 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc772 7ii7 the ,committee on the ,judiciary of the ,senate2 and 7iii7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#c7 ,repeal of superseded audit requirement ,section #b7;c7 of the ,reforming ,intelligence and ,securing ,america ,act 7#ej ,u4,s4,c4 #ahha;a note7 is repealed4 7b7 ,restrictions relating to conduct of certain queries by federal bureau of investigation ,section #gjb7;f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7f77 is amended-- 7#a7 by redesignating paragraph 7#e7 as paragraph 7#h72 7#b7 by inserting before paragraph 7#h71 as so redesignated1 the following3 7#g7 ,querying procedures applicable to ,federal ,bureau of ,investigation ,for any procedures adopted under paragraph 7#a7 applicable to the ,federal ,bureau of ,investigation1 the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 shall include the following requirements3 7,a7 ,training ,a requirement that1 prior to conducting any query1 and on an annual basis thereafter as a prerequisite for continuing to conduct queries1 personnel of the ,federal ,bureau of ,investigation successfully complete training on the querying procedures4 7,b7 ,additional prior approvals for sensitive queries ,a requirement that1 absent exigent circumstances1 prior to conducting certain queries1 personnel of the ,federal ,bureau of ,investigation receive approval1 at minimum1 as follows3 7i7 ,approval from an attorney at the ,federal ,bureau of ,investigation if the query uses a query term reasonably believed to identify a ,united ,states elected official1 a governor of a ,state1 an appointee of the ,president or the governor of a ,state1 a ,united ,states political candidate1 a ,united ,states political organization or a ,united ,states person prominent in such organization1 a ,united ,states media organization or a ,united ,states person who is a member of such organization1 a justice1 judge1 bankruptcy judge1 or magistrate judge of the ,united ,states1 or a judge or justice of the highest court of a ,state4 7ii7 ,approval from an attorney of the ,federal ,bureau of ,investigation if the query uses a query term reasonably believed to identify a ,united ,states religious organization or a ,united ,states person who is prominent in such organization4 7iii7 ,approval from an attorney of the ,federal ,bureau of ,investigation for #b or more queries conducted together1 including through the use of batch job technology1 any successor tool1 or any other batch query method4 7,c7 ,prior written justification ,a requirement that-- 7i7 prior to conducting a covered query1 personnel of the ,federal ,bureau of ,investigation generate a written statement of the specific factual basis to support the reasonable belief that such query meets the standards required by the procedures adopted under paragraph 7#a71 which shall1 for each covered query relating to the same ,united ,states person or persons1 explain and support each individual query2 and 7ii7 for each covered query1 the ,federal ,bureau of ,investigation shall keep a record of the query term or terms1 the date of the query1 the identifier of the personnel conducting the query1 and the written statement of the specific factual basis required under clause 7i74 7,d7 ,affirmative election to include section #gjb information in queries ,any system of the ,federal ,bureau of ,investigation that stores unminimized contents or noncontents obtained through acquisitions authorized under subsection 7a7 together with contents or noncontents obtained through other lawful means shall be configured in a manner that requires personnel of the ,federal ,bureau of ,investigation who are in compliance with the training requirement under subparagraph 7,a7 to conduct such a query to affirmatively elect to include such unminimized contents or noncontents obtained through acquisitions authorized under subsection 7a7 when running a query4 2 and 7#c7 in paragraph 7#h71 as so redesignated-- 7,a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,the term covered person means-- 7i7 a ,united ,states person2 or 7ii7 a person reasonably believed to be located in the ,united ,states-- 7,i7 at the time of the applicable query2 or 7,,ii7 at the time of the communication or creation of the information subject to the applicable query4 7,c7 7i7 ,the term covered query means a query that-- 7,i7 is conducted using #a or more terms associated with #a or more covered persons1 including but not limited to personally identifiable information2 7,,ii7 is conducted in whole or in part for the purpose of detecting or retrieving information of or concerning #a or more covered persons2 or 7,,iii7 is conducted with specific reason to believe the query will detect or retrieve information of or concerning #a or more covered persons4 7ii7 ,whether a query is a covered query shall be determined without regard to whether the information subject to the query has already been detected or retrieved using a method other than a query described in clause 7i74 7,d7 ,the term query-- 7i7 means the use of any technique1 whether manual or automated1 to detect or retrieve information obtained through acquisitions authorized under subsection 7a7 from within a system1 collection1 or assortment of information1 or a subset thereof2 and 7ii7 does not include the manual observation of retrieved information4 4 7c7 ,prohibition on warrantless access to the communications and other information of ,united ,states persons and persons located in the ,united ,states ,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;,a7 by inserting and the limitations and requirements in paragraph 7#b7 after ,constitution of the ,united ,states2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#c7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,prohibition on warrantless access to the communications and other information of ,united ,states persons and persons located in the ,united ,states 7,a7 ,in general ,except as provided in subparagraph 7,b71 no officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may access communications content1 or information the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the ,united ,states1 acquired under subsection 7a7 and returned in response to a covered query4 7,b7 ,exceptions for concurrent authorization1 exigent circumstances1 consent1 and certain defensive cybersecurity queries 7i7 ,in general ,subparagraph 7,a7 shall not apply if-- 7,i7 the person to whom the covered query relates is the subject of an order authorizing electronic surveillance1 a physical search1 or an acquisition under section #aje1 section #cjd1 section #gjc1 or section #gjd of this ,act or a warrant issued pursuant to the ,federal ,rules of ,criminal ,procedure by a court of competent jurisdiction2 7,,ii7 7aa7 the person to whom the covered query relates is the subject of an emergency authorization authorizing electronic surveillance1 a physical search1 or an acquisition under section #aje1 section #cjd1 section #gjc1 or section #gjd of this ,act2 7bb7 not later than #g days after the results of the covered query are accessed1 a description of the circumstances justifying the accessing of the results of the covered query is provided to the congressional intelligence committees1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,senate2 7cc7 the ,attorney ,general makes or has made an application to the ,foreign ,intelligence ,surveillance ,court in accordance with section #aje7;e77#a77;,d71 section #cjd7;e77#a77;,d71 section #gjc7;d77#a71 or section #gjd7;d77#a7 of this ,act2 and 7dd7 in the event such application is denied1 the requirements of section #aje7;e77#e71 #cjd7;e77#e71 section #gjc7;d77#d71 or section #gjd7;d77#d71 as applicable1 are followed2 7,,iii7 such person 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 7,,iv7 7aa7 the communications content or information is accessed and used for the sole purpose of identifying a potential victim or unwitting conduit of malicious cyber activity who is not a potential perpetrator of such activity2 7bb7 other than for the purposes described in item 7aa71 no communications content or other information described in subparagraph 7,a7 are accessed or reviewed2 and 7cc7 the accessing of query results is reported to the ,foreign ,intelligence ,surveillance ,court4 7ii7 ,limitations ,no communications content or information accessed under clause 7i77,,ii7 or information derived from such access may be used1 received in evidence1 or otherwise disseminated in any 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 thereof1 except in a proceeding that arises from the circumstances to which the applicable emergency authorization relates4 7iii7 ,assessment of compliance ,not less frequently than annually1 the ,attorney ,general shall assess-- 7,i7 compliance with the requirements under clause 7i77,,ii77cc72 and 7,,ii7 compliance with the requirements under clause 7ii74 7,c7 ,foreign intelligence purpose 7i7 ,in general ,except as provided in clause 7ii7 of this subparagraph1 no officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may conduct a covered query of information acquired under subsection 7a7 unless the query is reasonably likely to retrieve foreign intelligence information4 7ii7 ,exceptions ,an officer or employee of an agency that has access to unminimized communications or information obtained through an acquisition under this section may conduct a covered query of information acquired under this section if-- 7,i7 7aa7 the officer or employee conducting the query has a reasonable belief that-- 7,,aa7 an emergency exists involving an imminent threat of death or serious bodily harm2 and 7,,bb7 the query could reasonably be expected to assist in mitigating or eliminating that threat to life or serious bodily harm2 and 7bb7 not later than #g days after the query is conducted1 a description of the query is provided to the ,foreign ,intelligence ,surveillance ,court1 the congressional intelligence committees1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,senate2 or 7,,ii7 the query is necessary to identify information that must be produced or preserved in connection with a litigation matter or to fulfill discovery obligations in a criminal matter under the laws of the ,united ,states or any ,state thereof4 7,d7 ,notification and consent requirements 7i7 ,appropriate congressional leadership defined ,in this subparagraph1 the term appropriate congressional leadership means the following3 7,i7 ,the chairs and ranking minority members of the congressional intelligence committees4 7,,ii7 ,the chair and ranking minority member of the ,committee on the ,judiciary of the ,senate and the chair and ranking minority member of ,committee on the ,judiciary of the ,house of ,representatives4 7,,iii7 ,the ,speaker and minority leader of the ,house of ,representatives4 7,,iv7 ,the majority and minority leaders of the ,senate4 7ii7 ,notification requirement for certain ,,fbi queries 7,i7 ,requirement ,the ,director of the ,federal ,bureau of ,investigation shall promptly notify appropriate congressional leadership of any query conducted by the ,federal ,bureau of ,investigation using a query term that is reasonably believed to be the name or other personally identifying information of a ,member of ,congress1 and shall also notify the ,member who is the subject of such query4 7,,ii7 ,national security considerations ,in submitting a notification under subclause 7,i71 the ,director shall give due regard to the protection of classified information1 sources and methods1 and national security4 7,,iii7 ,waiver 7aa7 ,in general ,the ,director may waive a notification required under subclause 7,i7 if the ,director determines such notification would impede an ongoing national security or law enforcement investigation4 7bb7 ,termination ,a waiver under item 7aa7 shall terminate on the date the ,director determines the relevant notification would not impede the relevant national security or law enforcement investigation or on the date that such investigation ends1 whichever is earlier4 7iii7 ,consent required for ,,fbi to conduct certain queries for purpose of defensive briefing 7,i7 ,consent required ,the ,federal ,bureau of ,investigation may not1 for the purpose of supplementing the contents of a briefing on the defense against a counterintelligence threat to a ,member of ,congress1 conduct a query using a query term that is the name or restricted personal information 7as such term is defined in section #aai of title #ah1 ,united ,states ,code7 of that ,member unless-- 7aa7 the ,member provides consent to the use of the query term2 or 7bb7 the ,deputy ,director of the ,federal ,bureau of ,investigation determines that exigent circumstances exist sufficient to justify the conduct of such query4 7,,ii7 ,notification 7aa7 ,notification of consent sought ,not later than #c business days after submitting a request for consent from a ,member of ,congress under subclause 7,i71 the ,director of the ,federal ,bureau of ,investigation shall notify the appropriate congressional leadership1 regardless of whether the ,member provided such consent4 7bb7 ,notification of exception used ,not later than #c business days after the conduct of a query under subclause 7,i7 without consent on the basis of the existence of exigent circumstances determined under item 7bb7 of such subclause1 the ,director of the ,federal ,bureau of ,investigation shall notify the appropriate congressional leadership4 7,,iii7 ,rule of construction ,nothing in this clause may be construed as-- 7aa7 applying to matters outside of the scope of the briefing on the defense against a counterintelligence threat to be provided or supplemented under subclause 7,i72 or 7bb7 limiting the lawful investigative activities of the ,federal ,bureau of ,investigation other than supplementing the contents of a briefing on the defense against a counterintelligence threat to a ,member of ,congress4 7#c7 ,documentation ,no officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may access communications content1 or information the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the ,united ,states1 returned in response to a covered query unless an electronic record is created that includes a statement of facts showing that the access is authorized pursuant to an exception specified in paragraph 7#b77;,b74 7#d7 ,query record system ,the head of each agency that has access to unminimized communications or information obtained through an acquisition under this section shall ensure that a system1 mechanism1 or business practice is in place to maintain the records described in paragraph 7#c74 ,not later than #ij days after the date of enactment of the ,,safe ,act1 the head of each agency that has access to unminimized communications or information obtained through an acquisition under this section shall report to ,congress on its compliance with this procedure4 4 7d7 ,conforming amendments 7#a7 ,section #fjc7;b77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7;b77#b77 is amended1 in the matter preceding subparagraph 7,a71 by striking 1 including pursuant to subsection 7f77#b7 of such section14 7#b7 ,section #gjf7;a77#b77;,a77i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;e7a77#b77;,a77i77 is amended by striking obtained an order of the ,foreign ,intelligence ,surveillance ,court to access such information pursuant to section #gjb7;f77#b7 and inserting accessed such information in accordance with section #gjb7;b77#b74 #ajb4 ,annual reports 7a7 ,in general ,section #gjg of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;f7 is amended by adding at the end the following3 7c7 ,annual reports 7#a7 ,in general ,the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 shall submit to the congressional intelligence committees1 the ,committee on the ,judiciary of the ,senate1 and the ,committee on the ,judiciary of the ,house of ,representatives an annual report1 which shall include1 for that year1 disaggregated by each agency that conducts queries of information acquired under section #gjb1 the following information3 7,a7 ,the total number of covered queries 7as defined in section #gjb7;f77#h77 conducted of information acquired under section #gjb4 7,b7 ,the number of times an officer or employee of the ,united ,states accessed communications contents 7as defined in section #beaj7h7 of title #ah1 ,united ,states ,code7 or information the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes in the ,united ,states1 returned in response to such queries4 7,c7 ,the number of applications for orders described in subclause 7,i7 of section #gjb7;f77#b77;,b77i7 with respect to a person for which communications contents or information relating to such person were accessed under such subclause and the number of such orders granted4 7,d7 ,the number of times an exception under subclause 7,,ii71 7,,iii71 or 7,,iv7 of section #gjb7;f77#b77;,b77i7 was asserted1 disaggregated by the subclause under which an exception was asserted4 7,e7 ,the number of times that #b or more approved queries were conducted together1 through the use of batch job technology1 any successor tool1 or any other batch query method4 7,f7 ,the number of queries run by an agency with access to unminimized communications or information obtained through an acquisition under section #gjb run at the request of or on behalf of #a or more other agencies that do not have such access1 broken down by the agency that ran the query1 the agency for whom the query was run1 and the date of the query4 7#b7 ,public availability ,subject to declassification review by the ,attorney ,general and the ,director of ,national ,intelligence1 each annual report submitted pursuant to paragraph 7#a7 shall be made publicly available during ,april of each year and include information relating to the previous calendar year4 4 7b7 ,repeal of superseded reporting requirement ,section #fjc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7 is amended-- 7#a7 by striking subsection 7f72 and 7#b7 by redesignating subsection 7g7 as subsection 7f74 #ajc4 ,accountability and reporting procedures for compliance violations relating to queries conducted by the ,federal ,bureau of ,investigation 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 ,accountability procedures for incidents relating to queries conducted by the ,federal ,bureau of ,investigation 7a7 ,in general ,the ,director of the ,federal ,bureau of ,investigation shall establish procedures to hold employees of the ,federal ,bureau of ,investigation accountable for violations of law1 guidance1 and procedure governing queries of information acquired pursuant to section #gjb4 7b7 ,elements ,the procedures established under subsection 7a7 shall include the following3 7#a7 ,centralized tracking of individual employee performance incidents involving violations of law1 guidance1 and procedure described in subsection 7a71 over time4 7#b7 ,escalating consequences for such incidents1 including-- 7,a7 consequences for initial incidents1 including1 at a minimum-- 7i7 suspension of access to information acquired under this ,act pending remedial action2 and 7ii7 documentation of the incident in the personnel file of each employee responsible for the violation2 and 7,b7 consequences for subsequent incidents1 including1 at a minimum-- 7i7 possible indefinite suspension of access to information acquired under this ,act2 7ii7 reassignment of each employee responsible for the violation2 and 7iii7 referral of the incident to the ,inspection ,division of the ,federal ,bureau of ,investigation for review of potentially reckless conduct4 7#c7 ,clarification of requirements for referring intentional misconduct and reckless conduct to the ,inspection ,division of the ,federal ,bureau of ,investigation for investigation and disciplinary action by the ,office of ,professional ,responsibility of the ,federal ,bureau of ,investigation4 4 7b7 ,clerical amendment ,the table of contents for the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended by inserting after the item relating to section #gji the following3 ,sec4 #gaj4 ,accountability procedures for incidents relating to queries conducted by the ,federal ,bureau of ,investigation4 4 7c7 ,report required 7#a7 ,initial report ,not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,federal ,bureau of ,investigation shall submit to the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,senate1 and the congressional intelligence committees 7as such term is defined in section #hja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahhe77 a report detailing the procedures established under section #gaj of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as added by subsection 7a74 7#b7 ,annual report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,federal ,bureau of ,investigation shall submit to the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,senate1 and the congressional intelligence committees 7as such term is defined in section #hja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahhe77 a report on any disciplinary actions taken pursuant to the procedures established under section #gaj of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as added by subsection 7a71 including a description of the circumstances surrounding each such disciplinary action1 and the results of each such disciplinary action4 7#c7 ,form ,the reports required under paragraphs 7#a7 and 7#b7 shall be submitted in unclassified form1 but may include a classified annex to the extent necessary to protect sources and methods4 7d7 ,annual reports ,paragraph 7#e7 of section #gjb7;f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7f771 as redesignated by section #aja7;c77#b7 of this ,act1 is amended-- 7#a7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as clauses 7i71 7ii71 and 7iii71 respectively1 and adjusting the margin accordingly2 7#b7 by striking ,the ,director and inserting the following3 7,a7 ,in general ,the ,director 2 and 7#c7 by adding at the end the following3 7,b7 ,annual reports ,the ,director of the ,federal ,bureau of ,investigation shall submit to the congressional intelligence committees1 the ,committee on the ,judiciary of the ,senate1 and the ,committee on the ,judiciary of the ,house of ,representatives an annual report on the actions taken under the minimum accountability standards issued under subparagraph 7,a74 4 7e7 ,restriction on certain information available to the ,federal ,bureau of ,investigation ,section #gjb7n77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7n77#b77 is amended by inserting the ,committee on the ,judiciary of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 after the congressional intelligence committees14 #ajd4 ,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;a7 is amended-- 7#a7 in subsection 7b77#b71 by striking if the purpose of such acquisition is to target a particular1 known person reasonably believed to be in the ,united ,states2 and inserting if a purpose of such acquisition is to target #a or more ,united ,states persons or persons reasonably believed to be located in the ,united ,states at the time of acquisition or communication22 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 targeting #a or more ,united ,states persons or persons reasonably believed to be in the ,united ,states at the time of acquisition or communication is not a purpose of an acquisition2 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 a purpose of an acquisition is not to target #a or more ,united ,states persons or persons reasonably believed to be in the ,united ,states at the time of acquisition or communication2 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 a purpose of an acquisition is not to target #a or more ,united ,states persons or persons reasonably believed to be in the ,united ,states at the time of acquisition or communication2 and 4 #aje4 ,,fisa court review of targeting decisions ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7 is amended-- 7#a7 in subsection 7h77#b7-- 7,a7 in subparagraph 7,d77ii71 by striking and at the end2 7,b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,f7 include a random sample of targeting decisions and supporting written justifications from the prior year1 using a sample size and methodology that has been approved by the ,foreign ,intelligence ,surveillance ,court4 2 and 7#b7 in subsection 7j77#a7-- 7,a7 by striking subsection 7g7 each place it appears and inserting subsection 7h72 and 7,b7 in subparagraph 7,a71 as amended by subparagraph 7,a7 of this paragraph1 by inserting 1 including reviewing the random sample of targeting decisions and written justifications submitted under subsection 7h77#b77;,f71 after subsection 7h74 #ajf4 ,sunset of changes to definition of electronic communication service provider ,effective on ,december #ca1 #bjbf1 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended-- 7#a7 in section #gja7;b77#d7 7#ej ,u4,s4,c4 #ahha7;b77#d77-- 7,a7 in subparagraph 7,d71 by adding or at the end2 7,b7 by striking subparagraph 7,e72 7,c7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 and 7,d7 in subparagraph 7,e71 as so redesignated-- 7i7 by striking custodian12 and 7ii7 by striking 7,d71 or 7,e7 and inserting or 7,d72 and 7#b7 in section #hja7f7 7#ej ,u4,s4,c4 #ahhe7f77-- 7,a7 by striking subparagraph 7,e72 7,b7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,e7 and 7,f71 respectively2 7,c7 in subparagraph 7,e71 as so redesignated1 by adding or at the end2 and 7,d7 in subparagraph 7,f71 as so redesignated-- 7i7 by striking custodian12 and 7ii7 by striking 7,e71 or 7,f7 and inserting or 7,e74 #ajg4 ,limitation on directives under ,foreign ,intelligence ,surveillance ,act of #aigh relating to certain electronic communication service providers 7a7 ,in general ,section #gjb7;i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7i77 is amended by adding at the end the following3 7#g7 ,limitation relating to certain electronic communication service providers 7,a7 ,definitions ,in this paragraph3 7i7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,i7 the congressional intelligence committees2 7,,ii7 the ,committee on the ,judiciary of the ,senate2 and 7,,iii7 the ,committee on the ,judiciary of the ,house of ,representatives4 7ii7 ,covered electronic communication service provider 7,i7 ,in general ,subject to subclause 7,,ii71 the term covered electronic communication service provider means-- 7aa7 a service provider described in section #gja7;b77#d77;,e72 7bb7 a custodian of an entity as defined in section #gja7;b77#d77;,f72 or 7cc7 an officer1 employee1 or agent of a service provider described in section #gja7;b77#d77;,e74 7,,ii7 ,exclusion ,the term covered electronic communication service provider does not include-- 7aa7 an electronic communication service provider described in subparagraph 7,a71 7,b71 7,c71 or 7,d7 of section #gja7;b77#d72 or 7bb7 an officer1 employee1 or agent of an electronic communication service provider described in subparagraph 7,a71 7,b71 7,c71 or 7,d7 of section #gja7;b77#d71 to the extent that the electronic communication service provider is providing the ,united ,states ,government with information1 facilities1 or assistance pursuant to such subparagraphs4 7iii7 ,covered opinions ,the term covered opinions means the opinions of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review authorized for public release on ,august #bc1 #bjbc 7,opinion and ,order1 ,in re ,petition to ,set ,aside or ,modify ,directive ,issued to ,,redacted1 ,no4 ,,redacted1 7,,fisa ,ct4 ,,redacted #bjbb7 7,contreras ,j472 ,opinion1 ,in re ,petition to ,set ,aside or ,modify ,directive ,issued to ,,redacted1 ,no4 ,,redacted1 7,,fisa ,ct4 ,rev4 ,,redacted #bjbc7 7,sentelle1 ,j42 ,higginson1 ,j42 ,miller ,j4774 7,b7 ,limitation ,a directive may not be issued under paragraph 7#a7 to a covered electronic communication service provider unless the covered electronic communication service provider is a provider of the type of service at issue in the covered opinions4 7,c7 ,declassification review required 7i7 ,in general ,not later than #ahj days after the date of enactment of the ,,safe ,act1 the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 shall complete a declassification review in accordance with section #c of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or any successor order1 7in this subparagraph referred to as ,executive ,order #acebf7 and1 consistent with that review1 make publicly available to the greatest extent practicable the type of service provider and services at issue in the covered opinions4 7ii7 ,specific inquiry ,in conducting the review required under clause 7i71 the ,director of ,national ,intelligence and the ,attorney ,general shall determine-- 7,i7 whether the information described in clause 7i7 continues to meet the requirements for classification set forth in ,executive ,order #acebf2 and 7,,ii7 if the information described in clause 7i7 continues to meet the requirements for classification set forth in ,executive ,order #acebf1 whether the information should nonetheless be declassified pursuant to section #c4a7;d7 of ,executive ,order #acebf4 7iii7 ,factors ,in making a determination under subclause 7,,ii7 of clause 7ii71 the ,director of ,national ,intelligence and the ,attorney ,general shall consider-- 7,i7 the public interest served by ensuring that laws are public and transparent2 and 7,,ii7 the fact that the type of service provider or services at issue in the covered opinions have been the subject of public disclosures4 7,d7 ,requirements for directives to covered electronic communication service providers 7i7 ,in general ,subject to clause 7ii71 any directive issued under paragraph 7#a7 on or after the date of the enactment of the ,,safe ,act to a covered electronic communication service provider that is not prohibited by subparagraph 7,b7 of this paragraph shall include a summary description of the services at issue in the covered opinions4 7ii7 ,duplicate summaries not required ,a directive need not include a summary description of the services at issue in the covered opinions if such summary was included in a prior directive issued to the covered electronic communication service provider and the summary has not materially changed4 7,e7 ,foreign ,intelligence ,surveillance ,court notification and review 7i7 ,notification 7,i7 ,in general ,subject to subclause 7,,ii71 on or after the date of the enactment of the ,,safe ,act1 each time the ,attorney ,general and the ,director of ,national ,intelligence serve a directive under paragraph 7#a7 to a covered electronic communication service provider that is not prohibited by subparagraph 7,b7 and each time the ,attorney ,general and the ,director materially change a directive under paragraph 7#a7 served on a covered electronic communication service provider that is not prohibited by subparagraph 7,b71 the ,attorney ,general shall provide the directive to the ,foreign ,intelligence ,surveillance ,court on or before the date that is #g days after the date on which the ,attorney ,general and the ,director served the directive1 along with a description of the covered electronic communication service provider to whom the directive is issued and the services at issue4 7,,ii7 ,duplication not required ,the ,attorney ,general does not need to provide a directive or description to the ,foreign ,intelligence ,surveillance ,court under subclause 7,i7 if a directive and description concerning the covered electronic communication service provider was previously provided to the ,court and the directive or description has not materially changed4 7ii7 ,additional information ,as soon as feasible and not later than the initiation of collection1 the ,attorney ,general shall1 for each directive described in clause 7i71 provide the ,foreign ,intelligence ,surveillance ,court a summary description of the type of equipment to be accessed1 the nature of the access1 and the form of assistance required pursuant to the directive4 7iii7 ,review 7,i7 ,in general ,the ,foreign ,intelligence ,surveillance ,court may review a directive received by the ,court under clause 7i7 to determine whether the directive is consistent with subparagraph 7,b7 and affirm1 modify1 or set aside the directive4 7,,ii7 ,notice of intent to review ,not later than #g days after the date on which the ,court receives information under clause 7ii7 with respect to a directive1 the ,court shall provide notice to the ,attorney ,general and cleared counsel for the covered electronic communication service provider indicating whether the ,court intends to undertake a review under subclause 7,i7 of this clause4 7,,iii7 ,completion of reviews ,in a case in which the ,court provides notice under subclause 7,,ii7 indicating that the ,court intends to review a directive under subclause 7,i71 the ,court shall1 not later than #cj days after the date on which the ,court provides notice under subclause 7,,ii7 with respect to the directive1 complete the review4 7,f7 ,congressional oversight 7i7 ,notification 7,i7 ,in general ,subject to subclause 7,,ii71 on or after the date of the enactment of the ,,safe ,act1 each time the ,attorney ,general and the ,director of ,national ,intelligence serve a directive under paragraph 7#a7 on a covered electronic communication service provider that is not prohibited by subparagraph 7,b7 and each time the ,attorney ,general and the ,director materially change a directive under paragraph 7#a7 served on a covered electronic communication service provider that is not prohibited by subparagraph 7,b71 the ,attorney ,general shall submit to the appropriate committees of ,congress the directive on or before the date that is #g days after the date on which the ,attorney ,general and the ,director serve the directive1 along with a description of the covered electronic communication service provider to whom the directive is issued and the services at issue4 7,,ii7 ,duplication not required ,the ,attorney ,general does not need to submit a directive or description to the appropriate committees of ,congress under subclause 7,i7 if a directive and description concerning the covered electronic communication service provider was previously submitted to the appropriate committees of ,congress and the directive or description has not materially changed4 7ii7 ,additional information ,as soon as feasible and not later than the initiation of collection1 the ,attorney ,general shall1 for each directive described in clause 7i71 provide the appropriate committees of ,congress a summary description of the type of equipment to be accessed1 the nature of the access1 and the form of assistance required pursuant to the directive4 7iii7 ,reporting 7,i7 ,quarterly reports ,not later than #ij days after the date of the enactment of the ,,safe ,act and not less frequently than once each quarter thereafter1 the ,attorney ,general shall submit to the appropriate committees of ,congress a report on the number of directives served1 during the period covered by the report1 under paragraph 7#a7 to a covered electronic communication service provider and the number of directives provided during the same period to the ,foreign ,intelligence ,surveillance ,court under subparagraph 7,e77i74 7,,ii7 ,form of reports ,each report submitted pursuant to subclause 7,i7 shall be submitted in unclassified form1 but may include a classified annex4 7,,iii7 ,submission of court opinions ,not later than #de days after the date on which the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review issues an opinion relating to a directive issued to a covered electronic communication service provider under paragraph 7#a71 the ,attorney ,general shall submit to the appropriate committees of ,congress a copy of the opinion4 4 7b7 ,sunset ,effective on ,december #ca1 #bjbf1 section #gjb7;i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7i771 as amended by this section1 is amended by striking paragraph 7#g74 #ajh4 ,extension of title ,,vii of ,,fisa2 expiration of ,,fisa authorities2 effective dates 7a7 ,effective dates ,section #djc7;b7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #abb ,stat4 #bdgd7 is amended-- 7#a7 in paragraph 7#a7 7#ej ,u4,s4,c4 #ahha note7-- 7,a7 by striking two years after the date of enactment of the ,reforming ,intelligence and ,securing ,america ,act and inserting on ,april #bj1 #bjbh2 and 7,b7 by striking 1 as amended by section #aja7;a7 and by the ,,fisa ,amendments ,reauthorization ,act of #bjag and the ,reforming ,intelligence and ,securing ,america ,act1 and inserting 1 as most recently amended12 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 on ,april #bj1 #bjbh4 7b7 ,conforming amendments ,section #djd7;b7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #abb ,stat4 #bdgf71 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the heading1 by striking two years after the date of enactment of the ,reforming ,intelligence and ,securing ,america ,act and inserting ,april #bj1 #bjbh2 and 7,b7 by striking 1 as amended by section #aja7;a7 and by the ,,fisa ,amendments ,reauthorization ,act of #bjag and the ,reforming ,intelligence and ,securing ,america ,act1 and inserting 1 as most recently amended12 7#b7 in paragraph 7#b71 by striking 1 as amended by section #aja7;a7 and by the ,,fisa ,amendments ,reauthorization ,act of #bjag and the ,reforming ,intelligence and ,securing ,america ,act1 and inserting 1 as most recently amended12 and 7#c7 in paragraph 7#d7-- 7,a7 by striking 1 as added by section #aja7;a7 and amended by the ,,fisa ,amendments ,reauthorization ,act of #bjag and the ,reforming ,intelligence and ,securing ,america ,act1 both places it appears and inserting 1 as added by section #aja7;a7 and as most recently amended12 and 7,b7 by striking 1 as amended by section #aja7;a7 and by the ,,fisa ,amendments ,reauthorization ,act of #bjag and the ,reforming ,intelligence and ,securing ,america ,act1 both places it appears and inserting 1 as most recently amended14 ,,ii ,additional reforms relating to activities under the ,foreign ,intelligence ,surveillance ,act of #aigh #bja4 ,required disclosure of information and limits on use of certain information and on issuance of orders 7a7 ,required disclosure of relevant information in ,foreign ,intelligence ,surveillance ,act of #aigh applications 7#a7 ,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 ,disclosure of relevant information ,the ,attorney ,general or any other ,federal officer or employee making an application for a court order under this ,act shall provide the court with all information in the possession of the ,government that is material to determining whether the application satisfies the applicable requirements under this ,act1 including any exculpatory information4 4 7#b7 ,collection of communications under section #gjb ,section #gjb7;h77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7h77#b77 is amended-- 7,a7 in subparagraph 7,d77ii71 by striking and at the end2 7,b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,f7 attest that1 to the best of the knowledge of the person making the certification1 the ,attorney ,general and the ,director of ,national ,intelligence have been apprised of all information in the possession of the ,government that might reasonably-- 7i7 call into question the accuracy of the certification or the reasonableness of any assessment in the certification conducted by the department or agency on whose behalf the application is made2 or 7ii7 otherwise raise doubts with respect to the findings that are required to be made under subsection 7j74 4 7#c7 ,clerical amendments 7,a7 ,the table of contents for the ,foreign ,intelligence ,surveillance ,act of #aigh is amended by adding at the end the following3 ,,title ,,ix--,required disclosure of relevant information ,sec4 #ija4 ,disclosure of relevant information4 4 7,b7 ,section #ajd7;a77#ac7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjd7;a77#ac77 is repealed4 7,c7 ,section #aj7;a77#g7 of the ,reforming ,intelligence and ,securing ,america ,act 7#ej ,u4,s4,c4 #ahjd note7 is repealed4 7b7 ,certification regarding accuracy procedures 7#a7 ,certification regarding accuracy procedures ,title ,,ix of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as added by subsection 7a7 of this section1 is amended by adding at the end the following3 #ijb4 ,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 or contradicts 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 7as defined in section #aja7 is made1 the applicant ,federal officer shall document that the officer has collected and reviewed for accuracy and completeness supporting documentation for each factual assertion in the application2 and 7#f7 the applicant ,federal agency establish compliance and auditing mechanisms to address1 on an annual basis1 the efficacy of the accuracy procedures that have been adopted and report such findings to the ,attorney ,general4 7b7 ,statement and certification of accuracy procedures ,any ,federal officer 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 the officer's designee2 and 7#b7 a certification that the officer or the officer's designee 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 7#b7 ,technical amendment ,the table of contents for the ,foreign ,intelligence ,surveillance ,act of #aigh1 as amended by subsection 7a7 of this section1 is amended by adding at the end the following3 ,sec4 #ijb4 ,certification regarding accuracy procedures4 4 7c7 ,prohibition on use of certain information 7#a7 ,in general ,section #ajd of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjd7 is amended by adding at the end the following3 7e7 ,the statement of facts and circumstances under subsection 7a77#c7 may only include information obtained from the content of a media source or information gathered by a political campaign if-- 7#a7 such information is disclosed in the application as having been so obtained or gathered2 7#b7 with regard to information gathered from the content of a media source1 the application includes an explanation of the investigative techniques used to corroborate the information2 and 7#c7 with regard to information gathered by a political campaign1 such information is not the sole source of the information used to justify the applicant's belief described in subsection 7a77#c74 4 7#b7 ,technical and conforming amendments ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended-- 7,a7 in section #ajd7;a77#f7 7#ej ,u4,s4,c4 #ahjd7;a77#f77-- 7i7 in subparagraph 7,d71 by striking the semicolon at the end and inserting 2 and2 7ii7 in subparagraph 7,e77ii71 by striking and at the end2 and 7iii7 by striking subparagraphs 7,f7 and 7,g72 and 7,b7 in section #cjc7;a77#f7 7#ej ,u4,s4,c4 #ahbc7;a77#f77-- 7i7 in subparagraph 7,d71 by striking the semicolon at the end and inserting 2 and2 7ii7 in subparagraph 7,e71 by striking and at the end2 and 7iii7 by striking subparagraphs 7,f7 and 7,g74 7d7 ,limitation on issuance of order ,section #aje7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje7;a77 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 for an application that is based1 in any part1 on information obtained from the content of a media source1 on information gathered by a political campaign1 or on information relating to activity protected under the ,first ,amendment to the ,constitution of the ,united ,states-- 7,a7 such information is disclosed in the application as having been so obtained or gathered1 or as being so related2 7,b7 with regard to information gathered from the content of a media source1 the application includes an explanation of the investigative techniques used to corroborate the information2 and 7,c7 with regard to information gathered by a political campaign1 such information is not the sole source of the information used to justify the applicant's belief described in section #ajd7;a77#c74 4 7e7 ,conforming repeal of ,,risaa exculpatory information requirements ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended-- 7#a7 in section #ajd7;a7 7#ej ,u4,s4,c4 #ahjd7;a771 by striking paragraph 7#ac72 7#b7 in section #cjc7;a7 7#ej ,u4,s4,c4 #ahbc7;a771 by striking paragraph 7#aa72 7#c7 in section #djb7;c7 7#ej ,u4,s4,c4 #ahdb7;c77-- 7,a7 in paragraph 7#c71 by adding and at the end2 7,b7 in paragraph 7#d77;,b71 by striking 2 and and inserting a period2 and 7,c7 by striking paragraph 7#e72 7#d7 in section #ejb7;b77#b7 7#ej ,u4,s4,c4 #ahfb7;b77#b77-- 7,a7 in subparagraph 7,b71 by adding and at the end2 7,b7 by redesignating subparagraph 7,e7 as subparagraph 7,c72 7,c7 in subparagraph 7,c77ii71 as so redesignated1 by striking 2 and and inserting a period2 and 7,d7 by striking subparagraph 7,f72 7#e7 in section #gjc7;b77#a7 7#ej ,u4,s4,c4 #ahha;b7b77#a77-- 7,a7 in subparagraph 7,j71 by adding and at the end2 7,b7 in subparagraph 7,k77ii71 by striking 2 and and inserting a period2 and 7,c7 by striking subparagraph 7,l72 and 7#f7 in section #gjd7;b7 7#ej ,u4,s4,c4 #ahha;c7b77-- 7,a7 in paragraph 7#g71 by adding and at the end2 7,b7 in paragraph 7#h77;,b71 by striking 2 and and inserting a period2 and 7,c7 by striking paragraph 7#i74 #bjb4 ,criminal penalties for violations of ,,fisa 7a7 ,in general ,section #aji7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahji7;a77 is amended-- 7#a7 in paragraph 7#b71 by striking or at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#d7 knowingly submits any document to or makes any statement before the court established under section #ajc7;a7 or the court established under section #ajc7;b71 knowing such document or statement to contain-- 7,a7 a false material declaration2 or 7,b7 a material omission2 or 7#e7 knowingly discloses the existence of an application for an order authorizing surveillance under this title1 or any information contained therein1 to any person not authorized to receive such information1 except insofar as such disclosure is authorized by statute or executive order setting forth permissible disclosures by whistleblowers4 4 7b7 ,rule of construction ,this section and the amendments made by this section may not be construed to interfere with the enforcement of section #gih of title #ah1 ,united ,states ,code1 or any other provision of law regarding the unlawful disclosure of classified information4 #bjc4 ,agency procedures ,to ensure compliance 7a7 ,agency procedures to ensure compliance ,title ,,vi of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga et seq47 is amended by adding at the end the following3 #fje4 ,agency procedures to ensure compliance ,the head of each ,federal department or agency authorized to acquire foreign intelligence information under this ,act shall establish procedures-- 7#a7 setting forth clear rules on what constitutes a violation of this ,act by an officer or employee of that department or agency2 and 7#b7 for taking appropriate adverse personnel action against any officer or employee of the department or agency who engages in a violation described in paragraph 7#a71 including more severe adverse personnel actions for any subsequent violation by such officer or employee4 4 7b7 ,clerical amendment ,the table of contents for the ,foreign ,intelligence ,surveillance ,act of #aigh is amended by inserting after the item relating to section #fjd the following3 ,sec4 #fje4 ,agency procedures to ensure compliance4 4 7c7 ,report ,not later than #ij days after the date of enactment of this ,act1 the head of each ,federal department or agency that is required to establish procedures under section #fje of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as added by subsection 7a7 of this section1 shall report to ,congress on the implementation of such procedures4 #bjd4 ,limit on civil immunity for providing information1 facilities1 or technical assistance to the ,government absent a court order ,section #beaa7b77;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7ii71 by striking clause 7,b7 and inserting the following3 7,b7 a certification in writing-- 7,i7 by a person specified in section #beah7g7 or the ,attorney ,general of the ,united ,states2 7,,ii7 that the requirements for an emergency authorization to intercept a wire1 oral1 or electronic communication under section #beah7g7 have been met2 and 7,,iii7 that the specified assistance is required1 2 and 7#b7 by striking subparagraph 7iii7 and inserting the following3 7iii7 ,for assistance provided pursuant to a certification under subparagraph 7ii77,b71 the limitation on causes of action under the last sentence of the matter following that subparagraph shall only apply to the extent that the assistance ceased at the earliest of the time the application for a court order was denied1 the time the communication sought was obtained1 or #dh hours after the interception began4 4 #bje4 ,prohibition on avoiding disclosure obligations through parallel construction 7a7 ,derived defined 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 ,derived from1 with respect to an electronic surveillance1 physical search1 use of a pen register or trap and trace device1 production of tangible things1 or acquisition under this ,act or pursuant to executive authority1 means 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 which shall be determined without regard to any claim that the information or evidence is attenuated from the surveillance1 search1 use1 production1 or acquisition1 would inevitably have been discovered1 or was subsequently reobtained through other means4 4 7#b7 ,conforming addition to other titles ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended-- 7,a7 in section #cja7a7 7#ej ,u4,s4,c4 #ahba7a771 by inserting derived from1 after destruction'12 7,b7 in section #dja7a7 7#ej ,u4,s4,c4 #ahda7a771 by inserting derived from1 after person'12 7,c7 in section #eja7a7 7#ej ,u4,s4,c4 #ahfa7a771 by inserting derived from1 after terrorism'12 and 7,d7 in section #gja7;a7 7#ej ,u4,s4,c4 #ahha7;a771 by inserting derived from1 after ,united ,states'14 7b7 ,policies and guidance 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,attorney ,general and the ,director of ,national ,intelligence shall publish-- 7,a7 policies concerning the application of subsection 7q7 of section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as added by subsection 7a72 and 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 subsection 7q7 of section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as added by subsection 7a74 7#b7 ,modifications ,whenever the ,attorney ,general and the ,director of ,national ,intelligence modify a policy or guidance published under paragraph 7#a71 the ,attorney ,general and the ,director shall publish the modifications4 7c7 ,use of information acquired under title ,,vii ,section #gjf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;e7 is amended-- 7#a7 in subsection 7a77#a71 by striking 1 except for the purposes of subsection 7j7 of such section2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,information acquired under sections #gjc1 #gjd1 or #gje ,information acquired under section #gjc1 #gjd1 or #gje shall be deemed to be information acquired from an electronic surveillance pursuant to title ,i for the purposes of section #ajf4 4 #bjf4 ,sunset on grandfather clause of ,,fisa's business records provision ,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 be in effect with respect to such an investigation1 offense1 or potential offense on the date that is #ahj days after the date of the enactment of the ,,safe ,act after continue in effect4 ,,iii ,reforms relating to proceedings before the ,foreign ,intelligence ,surveillance ,court and other courts #cja4 ,foreign ,intelligence ,surveillance ,court reform 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 shall1 unless the court issues a finding that appointment is not appropriate1 appoint one or more individuals who have been designated under paragraph 7#a71 not fewer than one of whom possesses privacy and civil liberties expertise1 unless the court finds that such a qualification is inappropriate1 to serve as amicus curiae to assist the court in the consideration of any application or motion for an order or review that1 in the opinion of the court-- 7,i7 presents a novel or significant interpretation of the law2 7,,ii7 presents significant concerns with respect to the activities of a ,united ,states person that are protected by the first amendment to the ,constitution of the ,united ,states2 7,,iii7 presents or involves a sensitive investigative matter2 7,,iv7 presents a request for approval of a new program1 a new technology1 or a new use of existing technology2 7,v7 presents a request for reauthorization of programmatic surveillance2 or 7,,vi7 otherwise presents novel or significant civil liberties issues2 2 and 7ii7 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 delay2 7,b7 by striking subparagraph 7,b72 and 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,b74 7#b7 ,definition of sensitive investigative matter ,section #ajc7;i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77 is amended by adding at the end the following3 7#ab7 ,definition ,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 applicable court established under subsection 7a7 or 7b71 is as sensitive as an investigative matter described in subparagraph 7,a74 4 7b7 ,authority to seek review ,section #ajc7;i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i771 as amended by subsection 7a7 of this section1 is 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 by striking subparagraph 7,a72 7,d7 by redesignating subparagraph 7,b7 as subparagraph 7,a72 7,e7 in subparagraph 7,a71 as so redesignated-- 7i7 in the matter preceding clause 7i71 by inserting shall before provide2 7ii7 in clause 7i71 by inserting before the semicolon at the end the following3 1 including legal arguments regarding any privacy or civil liberties interest of any ,united ,states person that would be significantly impacted by the application or motion2 and 7iii7 in clause 7iii71 by striking the period at the end and inserting 2 and2 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 impacting 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 ,,fisa court decisions 7i7 ,petition ,following issuance of an order under this ,act by the court established under subsection 7a71 an amicus curiae appointed under paragraph 7#b7 may petition the court to certify for review to the court established under subsection 7b7 a question of law pursuant to subsection 7j74 7ii7 ,written statement of reasons ,if the court established under subsection 7a7 denies a petition under this subparagraph1 the court shall provide for the record a written statement of the reasons for the denial4 7iii7 ,appointment ,upon certification of any question of law pursuant to this subparagraph1 the court established under subsection 7b7 shall appoint the amicus curiae to assist the court in its consideration of the certified question1 unless the court issues a finding that such appointment is not appropriate4 7,b7 ,,fisa court of review decisions ,an amicus curiae appointed under paragraph 7#b7 may petition the court established under subsection 7b7 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 section #fjb7;a74 4 7c7 ,access to information 7#a7 ,application and materials ,section #ajc7;i77#f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77#f77 is amended by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general 7i7 ,right of amicus ,if a court established under subsection 7a7 or 7b7 appoints an amicus curiae under paragraph 7#b71 the amicus curiae-- 7,i7 shall have access1 to the extent such information is available to the ,government1 to-- 7aa7 the application1 certification1 petition1 motion1 and other information and supporting materials1 including any information described in section #ija1 submitted to the court established under subsection 7a7 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 7bb7 an unredacted copy of each relevant decision made by the court established under subsection 7a7 or the court established under subsection 7b7 in which the court decides a question of law1 without regard to whether the decision is classified2 and 7cc7 any other information or materials that the court determines are relevant to the duties of the amicus curiae2 and 7,,ii7 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 7ii7 ,supporting documentation regarding accuracy ,the court established under subsection 7a71 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 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77#f77 is amended-- 7,a7 in subparagraph 7,b71 by striking may and inserting shall2 and 7,b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,classified information ,an amicus curiae designated or appointed by the court shall have access1 to the extent such information is available to the ,government1 to unredacted copies of each opinion1 order1 transcript1 pleading1 or other document of the court established under subsection 7a7 and the court established under subsection 7b71 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 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77#f77 is amended-- 7,a7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,b7 by inserting after subparagraph 7,c7 the following3 7,d7 ,consultation among amici curiae ,an amicus curiae appointed under paragraph 7#b7 by the court established under subsection 7a7 or the court established under subsection 7b7 may consult with #a or more of the other individuals designated by the court to serve as amicus curiae pursuant to paragraph 7#a7 of this subsection regarding any of the information relevant to any assigned proceeding4 4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of enactment of this ,act and shall apply with respect to proceedings under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 that take place on or after1 or are pending on1 that date4 #cjb4 ,public disclosure and declassification of certain documents ,section #fjb7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgb7;a77 is amended-- 7#a7 by striking 1 to be concluded as soon as practicable1 but not later than #ahj days after the commencement of such review12 and 7#b7 by inserting to be concluded as soon as practicable1 but not later than #ahj days after the issuance of such decision1 order1 or opinion1 before and1 consistent with that review4 #cjc4 ,technical amendment to contempt power of ,,fisc and ,,fisc-,r 7a7 ,in general ,chapter #ba of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #djb1 by striking 1 including the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review established by section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc71 and inserting the following3 1 the ,foreign ,intelligence ,surveillance ,court1 the ,foreign ,intelligence ,surveillance ,court of ,review1 2 and 7#b7 by adding at the end the following3 #djd4 ,definitions ,for purposes of this chapter-- 7#a7 the term court of the ,united ,states includes the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review2 and 7#b7 the terms ,foreign ,intelligence ,surveillance ,court and ,foreign ,intelligence ,surveillance ,court of ,review have the meanings given those terms in section #fja7;e7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga7;e774 4 7b7 ,clerical amendment ,the table of sections for chapter #ba of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djd4 ,definitions4 4 ,,iv ,independent executive branch oversight #dja4 ,periodic audit of ,,fisa compliance by ,inspector ,general 7a7 ,report required ,title ,,vi of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga et seq471 as amended by section #bjc of this ,act1 is amended by adding at the end the following3 #fjf4 ,periodic audit of ,,fisa compliance by ,inspector ,general ,not later than ,june #cj of the first calendar year that begins after the date of enactment of this section1 and every #c years thereafter1 the ,inspector ,general of the ,department of ,justice shall-- 7#a7 conduct an audit of alleged or potential violations and failures to comply with the requirements of this ,act1 and any procedures established pursuant to this ,act1 which shall include an analysis of the accuracy and completeness of applications and certifications for orders submitted under each of sections #aje1 #cjc1 #djb1 #ejb1 #gjb1 #gjc1 and #gjd2 and 7#b7 submit to the ,select ,committee on ,intelligence of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives a report on the audit required under paragraph 7#a74 4 7b7 ,clerical amendment ,the table of contents for the ,foreign ,intelligence ,surveillance ,act of #aigh1 as amended by section #bjc of this ,act1 is amended by inserting after the item relating to section #fje the following3 ,sec4 #fjf4 ,periodic audit of ,,fisa compliance by ,inspector ,general4 4 ,v ,protections for ,united ,states persons whose sensitive information is purchased by intelligence and law enforcement agencies #eja4 ,limitation on intelligence acquisition of ,united ,states person data 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of congress ,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 7#b7 ,covered data ,the term covered data means data1 derived data1 or any unique identifier that-- 7,a7 is linked to or is reasonably linkable to a covered person2 and 7,b7 does not include-- 7i7 data that-- 7,i7 is lawfully available to the public through ,federal1 ,state1 or local government records or through widely distributed media2 7,,ii7 is reasonably believed to have been voluntarily made available to the general public by the covered person2 or 7,,iii7 is a specific communication or transaction with a targeted individual who is not a covered person2 or 7ii7 human intelligence other than data transfers4 7#c7 ,covered person ,the term covered person means an individual who-- 7,a7 is reasonably believed to be located in the ,united ,states at the time of the creation or acquisition of the covered data2 or 7,b7 is a ,united ,states person4 7#d7 ,intelligence community ,the term intelligence community has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#e7 ,state1 ,united ,states1 ,united ,states person ,the terms ,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 7b7 ,limitation 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#g71 an element of the intelligence community may not acquire covered data1 which shall include acquiring covered data directly or indirectly1 such as by acquiring covered data from another entity that directly acquired the covered data4 7#b7 ,authorization pursuant to court order ,an element of the intelligence community may acquire covered data if the collection has been authorized by an order issued pursuant to the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 or title #ah1 ,united ,states ,code1 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 but only if-- 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 ,constitution of the ,united ,states1 but only if-- 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 there is a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm and the covered data is necessary to mitigate that threat1 but only if-- 7,a7 access to and use of the covered data is limited to addressing the threat2 and 7,b7 the covered data is destroyed at such time as it is no longer necessary for such purpose4 7#f7 ,exception for consent ,an element of the intelligence community may acquire covered data if-- 7,a7 each covered person linked or reasonably linkable 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 but only if the element of the intelligence community complies with the minimization procedures in subsection 7c74 7c7 ,minimization procedures 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 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 not subject to #a or more exceptions set forth in paragraphs 7#b7 through 7#f7 of subsection 7b71 such covered data shall be promptly destroyed4 7#d7 ,querying 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 no officer or employee of an element of the intelligence community may conduct a query of covered data1 including covered data already subjected to minimization1 in an effort to find records of or about a particular covered person4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to a query related to a particular covered person if-- 7i7 such covered person is the subject of a court order issued under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 or title #ah1 ,united ,states ,code1 that would authorize the element of the intelligence community to compel the production of the covered data1 during the effective period of that order2 7ii7 the purpose of the query is to retrieve information about an employee of1 or applicant for employment by1 an element of the intelligence community1 provided that any covered data accessed through such query is used only for such purpose2 7iii7 the query is conducted for the purpose of supporting compliance with collection limitations and minimization requirements imposed by statute1 guidelines1 procedures1 or the ,constitution of the ,united ,states1 provided that any covered data accessed through such query is used only for such purpose2 7iv7 the officer or employee of an element of the intelligence community carrying out the query has a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm1 and that in order to prevent or mitigate such threat1 the query must be conducted before a court order can1 with due diligence1 be obtained1 provided that any covered data accessed through such query is used only for such purpose2 or 7v7 such covered person or1 if such person is incapable of providing consent1 a third party legally authorized to consent on behalf of the person has consented to the query1 provided that any use of covered data accessed through such query is limited to the purposes for which the consent was provided4 7,c7 ,special rule for nonsegregable datasets ,for a query of a dataset acquired under subsection 7b77#g7-- 7i7 each query shall be reasonably designed to exclude personal data of covered persons1 unless the query is subject to an exception set forth in subparagraph 7,b72 and 7ii7 any personal data of covered persons returned pursuant to a query that is not subject to an exception set forth in paragraphs 7#b7 through 7#g7 of subsection 7b7 shall not be reviewed and shall immediately be 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 investigation by or in any 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 ,act1 the ,director of ,national ,intelligence shall submit to the appropriate committees of ,congress and the ,privacy and ,civil ,liberties ,oversight ,board a report on the acquisition of datasets that the ,director anticipates will contain information of covered persons that is significant in volume1 proportion1 or sensitivity4 7#b7 ,contents ,the report submitted pursuant to paragraph 7#a7 shall include the following3 7,a7 ,a description of the covered person information in each dataset4 7,b7 ,an estimate of the amount of covered person information in each dataset4 7#c7 ,notifications ,after submitting the report required by paragraph 7#a71 the ,director shall1 in coordination with the ,under ,secretary of ,defense for ,intelligence and ,security1 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 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 or title #ah1 ,united ,states ,code4 #ejb4 ,limitation on 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 law enforcement agencies 7#a7 ,definitions ,in this subsection and subsection 7f7-- 7,a7 the term covered governmental entity means a law enforcement agency of a governmental entity2 7,b7 the term covered organization means a person who-- 7i7 is not a governmental entity2 and 7ii7 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 lawfully obtained public data means personal data obtained by a particular covered organization that the covered organization-- 7i7 reasonably understood to have been voluntarily made available to the general public by the covered person2 and 7ii7 obtained in compliance with all applicable laws1 regulations1 contracts1 privacy policies1 and terms of service2 7,g7 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 and 7,h7 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-- 7,i7 data that is lawfully available through ,federal1 ,state1 or local government records or through widely distributed media2 or 7,,ii7 a specific communication or transaction with a targeted individual who is not a covered person4 7#b7 ,limitation 7,a7 ,in general 7i7 ,prohibition ,subject to clauses 7ii7 through 7x71 a covered governmental entity 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 covered governmental entity may obtain in exchange for something of value covered personal data as part of a larger compilation of data which includes personal data about persons who are not covered persons1 if-- 7,i7 the covered governmental entity is unable through reasonable means to exclude covered personal data from the larger compilation obtained2 and 7,,ii7 the covered governmental entity minimizes any covered personal data from the larger compilation1 in accordance with subsection 7f74 7iii7 ,exception for whistleblower disclosures to law enforcement ,clause 7i7 shall not apply to covered personal data that is obtained by a covered governmental entity under a program established by an ,act of ,congress under which a portion of a penalty or a similar payment or bounty is paid to an individual who discloses information about an unlawful activity to the ,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 bya covered governmental entity from a covered organization in accordance with compulsory legal process that-- 7,i7 is established by a ,federal or ,state 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 covered governmental entity1 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 covered governmental entity that is-- 7,i7 obtained by the covered governmental entity for employment-related purposes2 7,,ii7 accessed and used by the covered governmental entity only for 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 covered governmental entity 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 covered governmental entity 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 ,clause 7i7 shall not apply to covered personal data that is obtained by a covered governmental entity if-- 7,i7 the covered personal data is lawfully obtained public data2 or 7,,ii7 the covered personal data is derived from covered personal data that solely consists of lawfully obtained public data4 7viii7 ,exception for life or safety ,clause 7i7 shall not apply to covered personal data that is obtained by a covered governmental entity if there is a reasonable belief than an emergency exists involving an imminent threat of death or serious bodily harm to a covered person and the covered data is necessary to mitigate that threat1 provided that-- 7,i7 access to and use of the covered personal data is limited to addressing the threat2 and 7,,ii7 the covered personal data is destroyed at such time as it is no longer necessary for such purpose4 7ix7 ,exception for compliance purposes ,clause 7i7 shall not apply to covered personal data that is obtained by a covered governmental entity for the purpose of supporting compliance with collection limitations and minimization requirements imposed by statute1 guidelines1 procedures1 or the ,constitution of the ,united ,states1 provided that-- 7,i7 access to and use of the covered personal data is limited to such purpose2 and 7,,ii7 the covered personal data is destroyed at such time as it is no longer necessary for such purpose4 7x7 ,exception for consent ,clause 7i7 shall not apply to covered personal data that is obtained by a covered governmental entity if-- 7,i7 each covered person linked or reasonably linkable to the covered personal data1 or1 if such covered person is incapable of providing consent1 a third party legally authorized to consent on behalf of the covered person1 has provided consent to the acquisition and use of the data on a case-by-case basis2 7,,ii7 access to and use of the covered personal data is limited to the purposes for which the consent was provided2 and 7,,iii7 the covered personal data is destroyed at such time as it is no longer necessary for such purposes4 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 obtained or collected1 or is the covered organization that initially received the disclosure of1 the covered personal data4 7#c7 ,limit on sharing between agencies ,an agency of a governmental entity that is not a covered governmental entity may not provide to a covered governmental entity covered personal data that was obtained in a manner that would violate paragraph 7#b7 if the agency of a governmental entity were a covered governmental entity1 unless the covered governmental entity would have been permitted to obtain the covered personal data under an exception set forth in paragraph 7#b77;,a74 7#d7 ,prohibition on use of data obtained in violation of this section 7,a7 ,in general ,covered personal data obtained by or provided to a covered governmental entity 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 covered governmental entity in any investigation by or in any trial1 hearing1 or other proceeding in 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 ,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 data4 7#b7 ,acquisition and retention ,the procedures adopted under paragraph 7#a7 shall require covered governmental entities to exhaust all reasonable means-- 7,a7 to exclude covered personal data that is not subject to #a or more of the exceptions set forth in clauses 7iii7 through 7x7 of subsection 7e77#b77;,a7 from the data obtained2 and 7,b7 to remove and delete covered personal data described in subparagraph 7,a7 not subject to #a or more exceptions set forth in clauses 7iii7 through 7x7 of subsection 7e77#b77;,a7 after a compilation is obtained and before operational use of the compilation or inclusion of the compilation in a dataset intended for operational use4 7#c7 ,destruction ,the procedures adopted under paragraph 7#a7 shall require that1 if a covered governmental entity identifies covered personal data in a compilation described in clause 7ii7 of subsection 7e77#b77;,a7 not subject to #a or more exceptions set forth in clauses 7iii7 through 7x7 of such subsection1 the covered governmental entity 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 covered governmental entity may conduct a query of personal data1 including personal data already subjected to minimization1 in an effort to find records of or about a particular covered person4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to a query related to a particular covered person if-- 7i7 such covered person is the subject of a court order issued under this title that would authorize the covered governmental entity to compel the production of the covered personal data1 during the effective period of that order2 7ii7 the purpose of the query is to retrieve information obtained by a covered governmental entity under a program established by an ,act of ,congress under which a portion of a penalty or a similar payment or bounty is paid to an individual who discloses information about an unlawful activity to the ,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 fraud71 provided that any covered personal data accessed through such query is used only for such purpose2 7iii7 the purpose of the query is to retrieve information about an employee of1 or applicant for employment by1 a covered governmental entity that has been obtained by the covered governmental entity for employment-related purposes1 provided that any covered personal data accessed through such query is used only for such purposes2 7iv7 the purpose of the query is to retrieve information obtained by a covered governmental entity for purposes of conducting a background check of the covered person with the written consent of the covered person1 provided that any covered personal data accessed through such query is used only for such purposes2 7v7 the purpose of the query is to retrieve1 and the query is reasonably designed to retrieve1 only lawfully obtained public data1 and only lawfully obtained public data is accessed and used as a result of the query2 7vi7 the officer or employee of a covered governmental entity carrying out the query has a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm1 and in order to prevent or mitigate that threat1 the query must be conducted before a court order can1 with due diligence1 be obtained1 provided that any covered personal data accessed through such query is used only for such purpose2 7vii7 the query is conducted for the purpose of supporting compliance with collection limitations and minimization requirements imposed by statute1 guidelines1 procedures1 or the ,constitution of the ,united ,states1 provided that any covered personal data accessed through such query is used only for such purpose2 or 7viii7 such covered person or1 if such covered person is incapable of providing consent1 a third party legally authorized to consent on behalf of the covered person has consented to the query1 provided that any use of covered personal data accessed through such query is limited to the purposes for which the consent was provided4 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 persons1 unless the query is subject to an exception set forth in subparagraph 7,b72 and 7ii7 any personal data of covered persons returned pursuant to a query that is not subject to an exception set forth in clauses 7ii7 through 7x7 of subsection 7e77#b77;,a7 shall not be reviewed and shall immediately be destroyed4 4 #ejc4 ,consistent protections for demands for data held by interactive computing services 7a7 ,definition ,section #bgaa of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#e7 the term online service provider means a provider of electronic communication service1 a provider of remote computing service1 any information service1 system1 or access software provider that provides or enables computer access by multiple users to a computer server1 including specifically a service or system that provides access to the ,internet and such systems operated or services offered by libraries or educational institutions2 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 7c7 ,limitation on voluntary disclosure ,section #bgjb7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking a person or entity providing an electronic communication service to the public and inserting an online service provider2 7#b7 in paragraph 7#b71 by striking a person or entity providing remote computing service to the public and inserting an online service provider2 and 7#c7 in paragraph 7#c71 by striking a provider of remote computing service or electronic communication service to the public and inserting an online service provider4 #ejd4 ,consistent privacy protections for data held by data brokers ,section #bgjc of title #ah1 ,united ,states ,code is amended by adding at the end the following3 7i7 ,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 a customer or subscriber of the online service provider4 4 #eje4 ,protection of data entrusted to intermediary or ancillary service providers 7a7 ,definition ,section #bgaa of title #ah1 ,united ,states ,code1 as amended by section #ejc of this ,act1 is amended by adding at the end the following3 7#f7 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 ,,vi ,transparency #fja4 ,enhanced reports by ,director of ,national ,intelligence 7a7 ,in general ,section #fjc7;b7 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 targeted and the number of selectors used under section #gjb7;a71 disaggregated by the certification under which the person 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 section #gja7;b77#d72 2 7#d7 in paragraph 7#i71 as so redesignated1 by striking and at the end2 7#e7 in paragraph 7#aj71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7#f7 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 persons1 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 not authorized by this ,act and conducted under procedures approved by the ,attorney ,general containing the identities of ,united ,states persons1 regardless of whether the identities of the ,united ,states persons were openly included or masked2 7,c7 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,d7 the total number of disseminated intelligence reports derived from collection not authorized by this ,act and conducted under procedures approved by the ,attorney ,general containing the identities of ,united ,states persons in which the identities of the ,united ,states persons were masked2 7,e7 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,f7 the total number of disseminated intelligence reports derived from collection not authorized by this ,act and conducted under procedures approved by the ,attorney ,general containing the identities of ,united ,states persons in which the identities of the ,united ,states persons were openly included2 7#ab7 the number of queries conducted in an effort to find communications or information of or about #a or more ,united ,states persons or persons reasonably believed to be located in the ,united ,states at the time of the query or the time of the communication or creation of the information1 where such communications or information were obtained under procedures approved by the ,attorney ,general and without a court order1 subpoena1 or other legal process established by statute2 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 under procedures approved by the ,attorney ,general and without a court order1 subpoena1 or other legal process established by statute2 and 7#ad7 a good faith estimate of what percentage of the communications that are subject to the procedures described in section #cji7;b77#c7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjae 7#ej ,u4,s4,c4 #ahac7;b77#c77-- 7,a7 are retained for more than #e years2 and 7,b7 are retained for more than #e years because1 in whole or in part1 the communications are encrypted4 4 7b7 ,repeal of nonapplicability to ,federal ,bureau of ,investigation of certain requirements ,section #fjc7;d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7;d77 is amended-- 7#a7 by striking paragraph 7#b72 and 7#b7 by redesignating paragraph 7#c7 as paragraph 7#b74 7c7 ,conforming amendment ,section #fjc7;d77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7;d77#a77 is amended by striking paragraphs 7#c71 7#e71 or 7#f7 and inserting paragraph 7#f71 7#h71 or 7#i74 #fjb4 ,notification to ,congress of certain unauthorized disclosures ,section #ah7;a7 of the ,reforming ,intelligence and ,securing ,america ,act 7#ej ,u4,s4,c4 #ahha;a note7 is amended by striking congressional intelligence committees and inserting appropriate congressional committees4 ,,vii ,limited delays in implementation #gja4 ,limited delays in implementation 7a7 ,definition ,in this section1 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 7b7 ,authority ,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 #ahj days 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 ,april #ad1 #bjbf,read the second time and placed on the calendar