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Code · BILL · 116th Congress · H.R. 6172 (Placed on Calendar Senate) — To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, an... · Sec. 201

Sec. 201. Certifications regarding accuracy of FISA applications

817 words·~4 min read·/bill/116/hr/6172/pcs/section-201

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Subsection
(a)of section 104 ( 50 U.S.C. 1804 ) is amended— in paragraph (8), by striking ; and and inserting a semicolon; in paragraph (9), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: a certification by the applicant that, to the best knowledge of the applicant, the attorney for the Government and the Department of Justice has been apprised of all information 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 required under section 105(a). . Subsection
(a)of section 303 ( 50 U.S.C. 1823 ) is amended— in paragraph (7), by striking ; and and inserting a semicolon; in paragraph (8), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: a certification by the applicant that, to the best knowledge of the applicant, the attorney for the Government and the Department of Justice has been apprised of all information 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 required under section 304(a). . Subsection
(c)of section 402 ( 50 U.S.C. 1842 ) is amended— in paragraph (2), by striking ; and and inserting a semicolon; in paragraph (3), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: a certification by the applicant that, to the best knowledge of the applicant, the attorney for the Government and the Department of Justice has been apprised of all information 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 required under subsection (d). . Subsection (b)(2) of section 501 ( 50 U.S.C. 1861 ), as amended by section 101, is further amended— in subparagraph (B), by striking ; and and inserting a semicolon; in subparagraph (C), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: a statement by the applicant that, to the best knowledge of the applicant, the application fairly reflects all information 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 required under subsection (c). . Subsection (b)(1) of section 703 ( 50 U.S.C. 1881b ) is amended— in subparagraph (I), by striking ; and and inserting a semicolon; in subparagraph (J), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: a certification by the applicant that, to the best knowledge of the applicant, the attorney for the Government and the Department of Justice has been apprised of all information 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 required under subsection (c). . Subsection
(b)of section 704 ( 50 U.S.C. 1881c ) is amended— in paragraph (6), by striking ; and and inserting a semicolon; in paragraph (7), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: a certification by the applicant that, to the best knowledge of the applicant, the attorney for the Government and the Department of Justice has been apprised of all information 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 required under subsection (c). . Not later than 180 days after the date of the enactment of this Act, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall promulgate rules governing the review of case files, as appropriate, to ensure that applications to the Foreign Intelligence Surveillance Court under title I or III of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) that target United States persons are accurate and complete.
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