Sec. 207. Disclosure of relevant information; certification regarding accuracy procedures
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The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) is amended by adding at the end the following: The Attorney General or any other Federal officer making an application for a court order under this Act shall provide the court with— all information in the possession of the Government that is material to determining whether the application satisfies the applicable requirements under this Act, including any exculpatory information; and all information in the possession of the Government that might reasonably— call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or otherwise raise doubts with respect to the findings that are required to be made under the applicable provision of this Act in order for the court order to be issued. .
The table of contents of the Foreign Intelligence Surveillance Act of 1978 is amended by adding at the end the following: Title IX—DISCLOSURE OF RELEVANT INFORMATION Sec. 901. Disclosure of relevant information. . Title IX of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a), is amended by adding at the end the following: In this section, the term accuracy procedures means specific procedures, adopted by the Attorney General, to ensure that an application for a court order under this Act, including any application for renewal of an existing order, is accurate and complete, including procedures that ensure, at a minimum, that— the application reflects all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application, or otherwise raises doubts about the requested findings; the application reflects all material information that might reasonably call into question the reliability and reporting of any information from a confidential human source that is used in the application; a complete file documenting each factual assertion in an application is maintained; the applicant coordinates with the appropriate elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), concerning any prior or existing relationship with the target of any surveillance, search, or other means of investigation, and discloses any such relationship in the application; before any application targeting a United States person is made, the applicant Federal officer shall document that the officer has collected and reviewed for accuracy and completeness supporting documentation for each factual assertion in the application; and the applicant Federal agency establish compliance and auditing mechanisms on an annual basis to assess the efficacy of the accuracy procedures that have been adopted and report such findings to the Attorney General.
Any Federal officer making an application for a court order under this Act shall include with the application— a description of the accuracy procedures employed by the officer or the officer's designee; and a certification that the officer or the officer’s designee has collected and reviewed for accuracy and completeness— supporting documentation for each factual assertion contained in the application; all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application, or otherwise raises doubts about the requested findings; and all material information that might reasonably call into question the reliability and reporting of any information from any confidential human source that is used in the application.
A judge may not enter an order under this Act unless the judge finds, in addition to any other findings required under this Act, that the accuracy procedures described in the application for the order, as required under subsection (b)(1), are actually accuracy procedures as defined in this section. . The table of contents of the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a), is amended by inserting after the item relating to section 901 the following:
Sec. 902. Certification regarding accuracy procedures. .
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Sec. 207
Disclosure of relevant information; certification regarding accuracy procedures
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