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Title III — Other Matters

S. 3421 · 116th Congress · Mar 9, 2020 · Lineage

III Other Matters

Sec. 301 Mandatory reporting on certain orders

(a)
Reporting on United States person queries— Section 603(b)(2) (50 U.S.C. 1873(b)(2)) is amended—
(1)
in subparagraph (B), by striking “the number of search terms concerning a known United States person” and inserting “the number of search terms that concern a known United States person or are reasonably likely to identify a United States person”; and
(2)
in subparagraph (C), by striking “the number of queries concerning a known United States person” and inserting “the number of queries that concern a known United States person or are reasonably likely to identify a United States person”.
(b)
Modification to exceptions— Section 603(d)(2) (50 U.S.C. 1873(d)(2)) is amended by striking “information.—” and all that follows through “Paragraph (3)(B)” and inserting “information.—Paragraph (3)(B)”.

Sec. 302 Improvements to Privacy and Civil Liberties Oversight Board

Section 1061(h)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)(4)) is amended to read as follows:

“(4) Term

“(A) Commencement—Each member of the Board shall serve a term of 6 years, commencing on the date of the appointment of the member to the Board.

“(B) Reappointment—A member may be reappointed to 1 or more additional terms.

“(C) Vacancy—A vacancy in the Board shall be filled in the manner in which the original appointment was made.

“(D) Extension—Upon the expiration of the term of office of a member, the member may continue to serve, at the election of the member—

“(i) during the period preceding the reappointment of the member pursuant to subparagraph (B); or

“(ii) until the earlier of—

“(I) the date on which the member’s successor has been appointed and qualified; or

“(II) the date that is 2 years after the expiration of the member's term of office.”

Sec. 303 Report on use of FISA authorities regarding protected activities and protected classes

(a)
Report— Not later than 1 year after the date of enactment of this Act, the Privacy and Civil Liberties Oversight Board shall make publicly available and submit to the appropriate congressional committees a report on the use of activities and protected classes described in subsection (b) in—
(1)
applications for orders made by the United States Government under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); and
(2)
investigations for which such orders are sought.
(b)
Activities and protected classes described— The activities and protected classes described in this subsection are the following:
(1)
Activities and expression protected by the First Amendment to the Constitution of the United States.
(2)
Race, ethnicity, national origin, and religious affiliation.
(c)
Form— In addition to the report made publicly available and submitted under subsection (a), the Board may submit to the appropriate congressional committees a classified annex.
(d)
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
(1)
the Committee on the Judiciary and the Select Committee on Intelligence of the Senate; and
(2)
the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.

Sec. 304 Sunsets

(a)
USA PATRIOT Improvement and Reauthorization Act of 2005— Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking “March 15, 2020” and inserting “December 1, 2023”.
(b)
Intelligence Reform and Terrorism Prevention Act of 2004— Section 6001(b)(1) 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 1, 2023”.
(c)
Effective date— The amendments made by this section shall take effect on the earlier of the date of enactment of this Act or March 15, 2020.

Sec. 305 Technical amendments

(a)
In general— The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended as follows:
(1)
In section 103(e) (50 U.S.C. 1803(e)), by striking “702(h)(4)” each place the term appears and inserting “702(i)(4)”.
(2)
In section 105(a)(4) (50 U.S.C. 1805(a)(4))—
(A)
by striking “section 104(a)(7)(E)” and inserting “section 104(a)(6)(E)”; and
(B)
by striking “section 104(d)” and inserting “section 104(c)”.
(3)
In section 501(a) (50 U.S.C. 1861(a)), by indenting paragraph (3) 2 ems to the left.
(4)
In section 603(b)(2)(C) (50 U.S.C. 1873(b)(2)(C)), by inserting “and” after the semicolon.
(5)
In section 702 (50 U.S.C. 1881a)—
(A)
in subsection (h)(3), by striking “subsection (i)” and inserting “subsection (j)”;
(B)
in subsection (j)(1), by striking “subsection (g)” each place the term appears and inserting “subsection (h)”; and
(C)
in the subsection heading of subsection (m), by inserting a comma after “Assessments”.
(6)
In section 801(8)(B)(iii) (50 U.S.C. 1885(8)(B)(iii)), by striking “702(h)” and inserting “702(i)”.
(7)
In section 802(a)(3) (50 U.S.C. 1885a(a)(3)), by striking “702(h)” and inserting “702(i)”.
(b)
References to Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review—
(1)
Definitions— Section 101 (50 U.S.C. 1801) is amended by adding at the end the following:

“(q) The term Foreign Intelligence Surveillance Court means the court established under section 103(a).

“(r) The terms Foreign Intelligence Surveillance Court of Review and Court of Review mean the court established under section 103(b).”

(2)
Conforming amendments— The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—
(A)
in section 102(a)(3) (50 U.S.C. 1802(a)(3)), by striking “the court established under section 103(a)” and inserting “the Foreign Intelligence Surveillance Court”;
(B)
in section 103 (50 U.S.C. 1803)—
(i)
in subsection (a)—
(I)
in paragraph (2)(A), by striking “The court established under this subsection” and inserting “The Foreign Intelligence Surveillance Court”; and
(II)
by striking “the court established under this subsection” each place it appears and inserting “the Foreign Intelligence Surveillance Court”;
(ii)
in subsection (g)—
(I)
by striking “the court established pursuant to subsection (a)” and inserting “the Foreign Intelligence Surveillance Court”;
(II)
by striking “the court of review established pursuant to subsection (b)” and inserting “the Foreign Intelligence Surveillance Court of Review”; and
(III)
by striking “The courts established pursuant to subsections (a) and (b)” and inserting “The Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review”;
(iii)
in subsection (h), by striking “a court established under this section” and inserting “the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review”;
(iv)
in subsection (i)—
(I)
in paragraph (1), by striking “the courts established under subsections (a) and (b)” and inserting “the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review”;
(II)
in paragraph (3)(B), by striking “the courts” and inserting “the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review”;
(III)
in paragraph (5), by striking “the court” and inserting “the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, as the case may be,”;
(IV)
in paragraph (6), by striking “the court” each place it appears and inserting “the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review”;
(V)
by striking “a court established under subsection (a) or (b)” each place it appears and inserting “the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review”; and
(VI)
by striking “A court established under subsection (a) or (b)” each place it appears and inserting “The Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review”;
(v)
in subsection (j)—
(I)
by striking “a court established under subsection (a)” and inserting “the Foreign Intelligence Surveillance Court”; and
(II)
by striking “the court determines” and inserting “the Foreign Intelligence Surveillance Court determines”;
(vi)
by striking “the court established under subsection (a)” each place it appears and inserting “the Foreign Intelligence Surveillance Court”; and
(vii)
by striking “the court established under subsection (b)” each place it appears and inserting “the Foreign Intelligence Surveillance Court of Review”;
(C)
in section 105(c) (50 U.S.C. 1805(c))—
(i)
in paragraph (2)(B), by striking “the Court” and inserting “the Foreign Intelligence Surveillance Court”; and
(ii)
in paragraph (3), by striking “the court” each place it appears and inserting “the Foreign Intelligence Surveillance Court”;
(D)
in section 401 (50 U.S.C. 1841), by striking “, and “State”” and inserting ““State”, “Foreign Intelligence Surveillance Court”, and “Foreign Intelligence Surveillance Court of Review””;
(E)
in section 402 (50 U.S.C. 1842)—
(i)
in subsection (b)(1), by striking “the court established by section 103(a) of this Act” and inserting “the Foreign Intelligence Surveillance Court”; and
(ii)
in subsection (h)(2), by striking “the court established under section 103(a)” and inserting “the Foreign Intelligence Surveillance Court”;
(F)
in section 501 (50 U.S.C. 1861)—
(i)
in subsection (b)(1), by striking “the court established by section 103(a)” and inserting “the Foreign Intelligence Surveillance Court”;
(ii)
in subsection (g)(3), by striking “the court established under section 103(a)” and inserting “the Foreign Intelligence Surveillance Court”; and
(iii)
in subsection (k)(1), by striking “, and “State”” and inserting ““State”, and “Foreign Intelligence Surveillance Court””;
(G)
in section 502(c)(1)(E), by striking “the court established under section 103” and inserting “the Foreign Intelligence Surveillance Court (as defined by section 101)”;
(H)
in section 801 (50 U.S.C. 1885)—
(i)
in paragraph (8)(B)(i), by striking “the court established under section 103(a)” and inserting “the Foreign Intelligence Surveillance Court”; and
(ii)
by adding at the end the following:

“(10) Foreign Intelligence Surveillance Court—The term Foreign Intelligence Surveillance Court means the court established under section 103(a).”

(I)
in section 802(a)(1) (50 U.S.C. 1885a(a)(1)), by striking “the court established under section 103(a)” and inserting “the Foreign Intelligence Surveillance Court”.
(c)
Coordination with other amendments made by this Act— For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.