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Code · BILL · 118th Congress · S. 3351 (Introduced in Senate) — To amend the Foreign Intelligence Surveillance Act of 1978 to extend certain expiring authorities, to restore certain... · Sec. 201

Sec. 201. Certifications regarding accuracy of FISA applications

848 words·~4 min read·/bill/118/s/3351/is/section-201

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Subsection
(a)of section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 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: a certification by the applicant or declarant that, to the best knowledge of the applicant or declarant, 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 of such Act ( 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: 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 of such Act ( 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: a certification by the Federal officer seeking to use the pen register or trap and trace device covered by the application that, to the best knowledge of the Federal officer, 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)of section 502 of such Act ( 50 U.S.C. 1862 ) is amended— in paragraph (1)(B), by striking ; and and inserting a semicolon; in paragraph (2)(B), by striking the period at the end and inserting ; and ; and by adding at the end the following: shall include 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 of such Act ( 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: 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 of such Act ( 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 issue procedures 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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