Sec. 6. APPLICATION FOR AN ORDER UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT

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## SEC. 6 APPLICATION FOR AN ORDER UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT ###

(a)Requirement for Sworn Statements for Factual Assertions ####

(1)Title i **[**[50 U.S.C. 1804](/us/usc/t50/s1804)**]** Subsection (a)(3) of section 104 is amended by striking “a statement of” and inserting “a sworn statement of”. ####

(2)Title iii **[**[50 U.S.C. 1823](/us/usc/t50/s1823)**]** Subsection (a)(3) of section 303 is amended by striking “a statement of” and inserting “a sworn statement of”. ####

(3)Section 703 **[**[50 U.S.C. 1881b](/us/usc/t50/s1881b)**]** Subsection (b)(1)(C) of section 703 is amended by striking “a statement of” and inserting “a sworn statement of”. ####

(4)Section 704 **[**[50 U.S.C. 1881c](/us/usc/t50/s1881c)**]** Subsection (b)(3) of section 704 is amended by striking “a statement of” and inserting “a sworn statement of”. ####

(5)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. ###

(b)Prohibition on Use of Politically Derived Information in Applications for Certain Orders by the Foreign Intelligence Surveillance Court ####

(1)Title i **[**[50 U.S.C. 1804](/us/usc/t50/s1804)**]** Subsection (a)(6) of section 104 is amended— #####

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

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

(C)by adding after subparagraph

(E)the following new subparagraph: > > ##### “(F) > > that none of the information included in the statement described in paragraph

(3)was solely produced by, derived from information produced by, or obtained using the funds of, a political organization (as such term is defined in section 527 of the Internal Revenue Code of 1986), unless— > > > ###### “(i) > > the political organization is clearly identified in the body of the statement described in paragraph (3); > > > ###### “(ii) > > the information has been corroborated; and > > > ###### “(iii) > > the investigative techniques used to corroborate the information are clearly identified in the body of the statement described in paragraph (3); and” > . ####

(2)Title iii **[**[50 U.S.C. 1823](/us/usc/t50/s1823)**]** Subsection (a)(6) of section 303 is amended— #####

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

(B)in subparagraph (E), by striking the semicolon and inserting “; and”; and #####

(C)by inserting after subparagraph

(E)the following new subparagraph: > > ##### “(F) > > that none of the information included in the statement described in paragraph

(3)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. ###

(c)Prohibition on Use of Press Reports in Applications for Certain Orders by the Foreign Intelligence Surveillance Court ####

(1)Title i **[**[50 U.S.C. 1804](/us/usc/t50/s1804)**]** Subsection (a)(6) of section 104, as amended by this Act, is further amended by adding at the end the following new subparagraph: > > ##### “(G) > > that none of the information included in the statement described in paragraph

(3)is attributable to or derived from the content of a media source unless the statement includes a clear identification of each author of that content, and where applicable, the publisher of that content, information to corroborate that which was derived from the media source, and an explanation of the investigative techniques used to corroborate the information;” > . ####

(2)Title iii **[**[50 U.S.C. 1823](/us/usc/t50/s1823)**]** Subsection (a)(6) of section 303, as amended by this Act, is further amended by adding at the end the following new subparagraph: > > ##### “(G) > > that none of the information included in the statement described in paragraph

(3)is attributable to or derived from the content of a media source unless the statement includes a clear identification of each author of that content, where applicable, the publisher of that content, information to corroborate that which was derived from the media source, and an explanation of the investigative techniques used to corroborate the information;” > . ####

(d)Description of Techniques Carried Out Before Application ####

(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— #####

(A)in paragraph (8), by striking “; and” and inserting a semicolon; #####

(B)in paragraph (9), by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following new paragraph: > > #### “(10) > > with respect to a target who is a United States person, a statement summarizing the investigative techniques carried out before making the application;” > . ####

(2)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. ###

(e)Requirement for Certain Justification Prior to Extension of Orders ####

(1)Applications for extension of orders under title i Subsection

(a)of section 104, as amended by this Act, is further amended by adding at the end the following new paragraph: > > #### “(11) > > 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; and” > . ####

(2)Applications for extension of orders under title iii Subsection

(a)of section 303, as amended by this Act, is further amended— #####

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

(B)in paragraph (8), by striking the period at the end and inserting a semicolon; and #####

(C)by adding at the end the following new paragraph: > > #### “(9) > > 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; and” > . ####

(f)Requirement for Justification of Underlying Criminal Offense in Certain Applications ####

(1)Title i **[**[50 U.S.C. 1804](/us/usc/t50/s1804)**]** Subsection (a)(3)(A) of section 104 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 is about to occur”. ####

(2)Title iii **[**[50 U.S.C. 1823](/us/usc/t50/s1823)**]** Subsection (a)(3)(A) of section 303 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 is about to occur”. ####

(g)Modification to Duration of Approved Period Under Certain Orders for Non-United States Persons ####

(1)Title i **[**[50 U.S.C. 1805](/us/usc/t50/s1805)**]** Subsection

(d)of section 105 is amended— #####

(A)in paragraph (1)— ######

(i)in subparagraph (A), by striking “against a foreign power, as defined in section 101(a), (1), (2), or (3),” and inserting “against a foreign power”; and ######

(ii)in subparagraph (B), by striking “120 days” and inserting “one year”; and #####

(B)by striking paragraph (2); and #####

(C)by redesignating paragraphs

(3)and

(4)as paragraphs

(2)and (3), respectively. ####

(2)Title iii **[**[50 U.S.C. 1824](/us/usc/t50/s1824)**]** Subsection

(d)of section 304 is amended— #####

(A)in paragraph (1)— ######

(i)in subparagraph (A), by striking “against a foreign power, as defined in paragraph (1), (2), or

(3)of section 101(a),” and inserting “against a foreign power”; and ######

(ii)in subparagraph (B), by striking “120 days” and inserting “one year”; and #####