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Code · BILL · 118th Congress · S. 3961 (Introduced in Senate) — To amend the Foreign Intelligence Surveillance Act of 1978 to reform certain authorities and to provide greater trans... · Sec. 201

Sec. 201. Application for an order under the Foreign Intelligence Surveillance Act of 1978

1,648 words·~7 min read·/bill/118/s/3961/is/section-201

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Subsection (a)(3) of section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ) is amended by striking a statement of and inserting a sworn statement of . Subsection (a)(3) of section 303 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1823 ) is amended by striking a statement of and inserting a sworn statement of . Subsection (b)(1)(C) of section 703 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881b ) is amended by striking a statement of and inserting a sworn statement of .
Subsection (b)(3) of section 704 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881c ) is amended by striking a statement of and inserting a sworn statement of . The amendments made by this subsection shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act. 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 a semicolon; and by adding at the end the following: with respect to a target who is a United States person, a statement summarizing the investigative techniques carried out before making the application; . The amendments made by this subsection shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act. Subsection
(a)of section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ), as amended by this Act, is further amended by adding at the end the following: in the case of an application for an extension of an order under this title for a surveillance targeted against a United States person, a summary statement of the foreign intelligence information obtained pursuant to the original order (and any preceding extension thereof) as of the date of the application for the extension, or a reasonable explanation of the failure to obtain such information; . Subsection
(a)of section 303 of the Foreign Intelligence Surveillance Act of 1978 ( 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 a semicolon; and by adding at the end the following: in the case of an application for an extension of an order under this title in which the target of the physical search is a United States person, a summary statement of the foreign intelligence information obtained pursuant to the original order (and any preceding extension thereof) as of the date of the application for the extension, or a reasonable explanation of the failure to obtain such information; . The amendments made by this subsection shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act. Subsection (a)(3)(A) of section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ) is amended by inserting before the semicolon at the end the following: , and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in section 101(b)(2)(B)), that a violation of the criminal statutes of the United States as referred to in section 101(b)(2)(B) has occurred or will occur . Subsection (a)(3)(A) of section 303 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1823 ) is amended by inserting before the semicolon at the end the following: , and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in section 101(b)(2)(B)), that a violation of the criminal statutes of the United States as referred to in section 101(b)(2)(B) has occurred or will occur . The amendments made by this subsection shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act. 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 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 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 for the Foreign Intelligence Surveillance Act of 1978 is amended by adding at the end the following: TITLE IX—Required disclosure of relevant information Sec. 901. Disclosure of relevant information. . Title IX of the Foreign Intelligence Surveillance Act of 1978, as added by subsection
(e)of this section, 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 (as defined in section 101) 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 to address, on an annual basis, 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 for the Foreign Intelligence Surveillance Act of 1978, as amended by subsection
(e)of this section, is amended by adding at the end the following: Sec. 902. Certification regarding accuracy procedures. . Section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ) is amended by adding at the end the following: The statement of facts and circumstances under subsection (a)(3) may only include information obtained from the content of a media source or information gathered by a political campaign if— such information is disclosed in the application as having been so obtained or gathered; with regard to information gathered from the content of a media source, the application includes an explanation of the investigative techniques used to corroborate the information; and with regard to information gathered by a political campaign, such information is not the sole source of the information used to justify the applicant’s belief described in subsection (a)(3). . Section 105(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805(a) ) is amended— in paragraph (3), by striking ; and and inserting a semicolon; in paragraph (4), by striking the period and inserting ; and ; and by adding at the end the following: for an application that is based, in whole or in part, on information obtained from the content of a media source or information gathered by a political campaign— such information is disclosed in the application as having been so obtained or gathered; with regard to information gathered from the content of a media source, the application includes an explanation of the investigative techniques used to corroborate the information; and with regard to information gathered by a political campaign, such information is not the sole source of the information used to justify the applicant’s belief described in section 104(a)(3). .
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