Sec. 10. ACCURACY AND COMPLETENESS OF APPLICATIONS

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## SEC. 10 ACCURACY AND COMPLETENESS OF APPLICATIONS ###

(a)Requirement for Certifications Regarding Accuracy of Applications ####

(1)Title i **[**[50 U.S.C. 1804](/us/usc/t50/s1804)**]** Subsection

(a)of section 104, as amended by this Act, is further amended by adding at the end the following new paragraph: > > #### “(12) > > a certification by the applicant or declarant that, to the best knowledge of the applicant or declarant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably— > > > ##### “(A) > > 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 > > > ##### “(B) > > otherwise raise doubts with respect to the findings required under section 105(a).” > . ####

(2)Title iii **[**[50 U.S.C. 1823](/us/usc/t50/s1823)**]** Subsection

(a)of section 303 is amended by adding at the end the following: > > #### “(10) > > a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably— > > > ##### “(A) > > 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 > > > ##### “(B) > > otherwise raise doubts with respect to the findings required under section 304(a).” > . ####

(3)Title iv **[**[50 U.S.C. 1842](/us/usc/t50/s1842)**]** Subsection

(c)of section 402 is amended— #####

(A)in paragraph (2), by striking “; and” and inserting a semicolon; #####

(B)in paragraph (3), by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following new paragraph: > > #### “(4) > > 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 General or a designated attorney for the Government has been apprised of all information that might reasonably— > > > ##### “(A) > > 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 > > > ##### “(B) > > otherwise raise doubts with respect to the findings required under subsection (d).” > . ####

(4)Title v **[**[50 U.S.C. 1862](/us/usc/t50/s1862)**]** Subsection (b)(2) of section 502 is amended— #####

(A)in subparagraph (A), by striking “; and” and inserting a semicolon; #####

(B)in subparagraph (B), by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following new subparagraph: > > ##### “(E) > > a statement by the applicant that, to the best knowledge of the applicant, the application fairly reflects all information that might reasonably— > > > ###### “(i) > > 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 > > > ###### “(ii) > > otherwise raise doubts with respect to the findings required under subsection (c).” > . ####

(5)Title vii #####

(A)Section 703 **[**[50 U.S.C. 1881b](/us/usc/t50/s1881b)**]** Subsection (b)(1) of section 703 is amended— ######

(i)in subparagraph (I), by striking “; and” and inserting a semicolon; ######

(ii)in subparagraph (J), by striking the period at the end and inserting “; and”; and ######

(iii)by adding at the end the following new subparagraph: > > ##### “(K) > > a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably— > > > ###### “(i) > > 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 > > > ###### “(ii) > > otherwise raise doubts with respect to the findings required under subsection (c).” > . #####

(B)Section 704 **[**[50 U.S.C. 1881c](/us/usc/t50/s1881c)**]** Subsection

(b)of section 704 is amended— ######

(i)in paragraph (6), by striking “; and” and inserting a semicolon; ######

(ii)in paragraph (7), by striking the period at the end and inserting “; and”; and ######

(iii)by adding at the end the following new paragraph: > > #### “(8) > > a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably— > > > ##### “(A) > > 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 > > > ##### “(B) > > otherwise raise doubts with respect to the findings required under subsection (c).” > . ####

(6)Applicability **[**[50 U.S.C. 1804 note](/us/usc/t50/s1804)**]** 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. ####

(7)Accuracy procedures **[**[50 U.S.C. 1804 note](/us/usc/t50/s1804)**]** 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. ###

(b)Disclosure of Exculpatory Information ####

(1)Title i **[**[50 U.S.C. 1804](/us/usc/t50/s1804)**]** Subsection

(a)of section 104, as amended by this Act, is further amended by adding at the end the following new paragraph: > > #### “(13) > > non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.” > . ####

(2)Title iii **[**[50 U.S.C. 1823](/us/usc/t50/s1823)**]** Subsection

(a)of section 303, as amended by this Act, is further amended by adding at the end the following: > > #### “(11) > > non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.” > . ####

(3)Title iv **[**[50 U.S.C. 1842](/us/usc/t50/s1842)**]** Subsection

(c)of section 402, as amended by this Act, is further amended— #####

(A)in paragraph (3), by striking “; and” and inserting a semicolon; #####

(B)in paragraph (4), by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following new paragraph: > > #### “(5) > > non-cumulative information known to the Federal officer seeking to use the pen register or trap and trace device covered by the application, that is potentially exculpatory regarding the requested legal findings or any assessment in the application.” > . ####

(4)Title v **[**[50 U.S.C. 1862](/us/usc/t50/s1862)**]** Subsection (b)(2) of section 502, as amended by this Act, is further amended— #####

(A)in subparagraph (B), by striking “; and” and inserting a semicolon; #####

(B)in subparagraph (E)(ii), by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following new subparagraph: > > ##### “(F) > > non-cumulative information known to the applicant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.” > . ####

(5)Title vii #####

(A)Section 703 **[**[50 U.S.C. 1881b](/us/usc/t50/s1881b)**]** Subsection (b)(1) of section 703, as amended by this Act, is further amended— ######

(i)in subparagraph (J), by striking “; and” and inserting a semicolon; ######

(ii)in subparagraph (K), by striking the period at the end and inserting “; and”; and ######

(iii)by adding at the end the following new subparagraph: > > ##### “(L) > > non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.” > . #####

(B)Section 704 **[**[50 U.S.C. 1881c](/us/usc/t50/s1881c)**]** Subsection

(b)of section 704, as amended by this Act, is further amended— ######

(i)in paragraph (7), by striking “; and” and inserting a semicolon; ######

(ii)in paragraph (8), by striking the period at the end and inserting “; and”; and ######

(iii)by adding at the end the following new paragraph: > > #### “(9) > > non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.” > . ####

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Sec. 10

ACCURACY AND COMPLETENESS OF APPLICATIONS

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