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Title II — Additional reforms of authorities under Foreign Intelligence Surveillance Act of 1978

S. 3242 · 116th Congress · Jan 28, 2020 · Lineage

II Additional reforms of authorities under Foreign Intelligence Surveillance Act of 1978

Sec. 201 Limitation on production of cell site location and global positioning system information under pen register and trap and trace authorities

Section 402(d) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(d)) is amended by adding at the end the following:

“(4) No cell site location or global positioning system information may be produced pursuant to an order under this subsection.”

Sec. 202 Extension of authority for individual terrorists to be treated as agents of foreign powers under Foreign Intelligence Surveillance Act of 1978

(a)
Extension— Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by striking “March 15, 2020” and inserting “December 15, 2023”.
(b)
Reporting—
(1)
Initial report— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report that identifies, for the preceding 12-month period, the number times a person who engages in international terrorism, or activities in preparation therefore, not for or on behalf of a foreign power, was treated as an agent of a foreign power under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(2)
Annual reporting—
(A)
In general— Section 603(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(b)) is amended—
(i)
in paragraph (6)(C), by striking “; and” and inserting a semicolon;
(ii)
in paragraph (7), by striking the period and inserting “; and”; and
(iii)
by adding at the end the following:

“(8) the number times a person who engages in international terrorism, or activities in preparation therefore, not for or on behalf of a foreign power, was treated as an agent of a foreign power under this Act.”

(B)
Effective date— The amendment made by subparagraph (A) shall take effect on the date that is 180 days after the date of the enactment of this Act.

Sec. 203 Clarification regarding treatment of information acquired under Foreign Intelligence Surveillance Act of 1978

(a)
Definition of derived—
(1)
In general— Section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) is amended by adding at the end the following:

“(q) For the purposes of notification provisions of this Act, information or evidence is derived from an electronic surveillance, physical search, use of a pen register or trap and trace device, production of tangible things, or acquisition under this Act when the Government would not have originally possessed the information or evidence but for that electronic surveillance, physical search, use of a pen register or trap and trace device, production of tangible things, or acquisition, and regardless of any claim that the information or evidence is attenuated from the surveillance or search, would inevitably have been discovered, or was subsequently reobtained through other means.”

(2)
Policies and guidance—
(A)
In general— Not later than 90 days after the date of the enactment of this Act, the Attorney General and the Director of National Intelligence shall publish the following:
(i)
Policies concerning the application of subsection (q) of section 101 of such Act, as added by paragraph (1).
(ii)
Guidance for all members of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) and all Federal agencies with law enforcement responsibilities concerning the application of such subsection.
(B)
Modifications— Whenever the Attorney General and the Director modify a policy or guidance published under subparagraph (A), the Attorney General and the Director shall publish such modifications.
(b)
Use of information acquired under title VII— Section 706 of such Act (50 U.S.C. 1881e) is amended—
(1)
in subsection (a), by striking “, except for the purposes of subsection (j) of such section”; and
(2)
by amending subsection (b) to read as follows:

“(b) Information acquired under sections 703–705—Information acquired from an acquisition conducted under section 703, 704, or 705 shall be deemed to be information acquired from an electronic surveillance pursuant to title I for the purposes of section 106.”