Required disclosure of information and limits on use of certain information and on issuance of orders

(a) Required disclosure of relevant information in Foreign Intelligence Surveillance Act of 1978 applications (1) In general The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the following: IX Required disclosure of relevant information 901. Disclosure of relevant information 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.. (2) Collection of communications under section 702 Section 702(h)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(h)(2)) is amended— (A) in subparagraph (D)(ii), by striking and at the end; (B) in subparagraph (E), by striking the period at the end and inserting; and; and (C) by adding at the end the following: (F) attest that, to the best of the knowledge of the person making the certification, the Attorney General and the Director of National Intelligence have been apprised of all information in the possession of the Government that might reasonably— (i) call into question the accuracy of the certification or the reasonableness of any assessment in the certification conducted by the department or agency on whose behalf the application is made; or (ii) otherwise raise doubts with respect to the findings that are required to be made under subsection (j).. (3) Clerical amendments (A) 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.. (B) Section 104(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended— (i) by striking paragraphs (7) and (13); and (ii) by redesignating paragraphs (8) through (12) as paragraphs (7) through (11), respectively. (b) Certification regarding accuracy procedures (1) Certification regarding accuracy procedures Title IX of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a) of this section, is amended by adding at the end the following: 902. Certification regarding accuracy procedures (a) Definition of accuracy procedures 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— (1) 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 or contradicts the requested findings; (2) 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; (3) a complete file documenting each factual assertion in an application is maintained; (4) 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; (5) 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 (6) 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. (b) Statement and certification of accuracy procedures Any Federal officer making an application for a court order under this Act shall include with the application— (1) a description of the accuracy procedures employed by the officer or the officer's designee; and (2) a certification that the officer or the officer's designee has collected and reviewed for accuracy and completeness— (A) supporting documentation for each factual assertion contained in the application; (B) 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 (C) 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. (c) Necessary finding for court orders 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.. (2) Technical amendment The table of contents for the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a) of this section, is amended by adding at the end the following: Sec. 902. Certification regarding accuracy procedures.. (c) Prohibition on use of certain information (1) In general Section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended by adding at the end the following: (e) 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— (1) such information is disclosed in the application as having been so obtained or gathered; (2) 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 (3) 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).. (2) Technical and conforming amendments The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— (A) in section 104(a)(6) (50 U.S.C. 1804(a)(6))— (i) in subparagraph (D), by striking the semicolon at the end and inserting; and; (ii) in subparagraph (E)(ii), by striking and at the end; and (iii) by striking subparagraphs (F) and (G); and (B) in section 303(a)(6) (50 U.S.C. 1823(a)(6))— (i) in subparagraph (D), by striking the semicolon at the end and inserting; and; (ii) in subparagraph (E), by striking and at the end; and (iii) by striking subparagraphs (F) and (G). (d) Limitation on issuance of order Section 105(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(a)) is amended— (1) in paragraph (3), by striking; and and inserting a semicolon; (2) in paragraph (4), by striking the period and inserting; and; and (3) by adding at the end the following: (5) for an application that is based, in any part, on information obtained from the content of a media source, on information gathered by a political campaign, or on information relating to activity protected under the First Amendment to the Constitution of the United States— (A) such information is disclosed in the application as having been so obtained or gathered, or as being so related; (B) 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 (C) 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).. (e) Conforming repeal of RISAA exculpatory information requirements The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— (1) in section 104(a) (50 U.S.C. 1804(a)), by striking paragraph (13); (2) in section 303(a) (50 U.S.C. 1823(a)), by striking paragraph (11); (3) in section 402(c) (50 U.S.C. 1842(c))— (A) in paragraph (3), by adding and at the end; (B) in paragraph (4)(B), by striking; and and inserting a period; and (C) by striking paragraph (5); (4) in section 502(b)(2) (50 U.S.C. 1862(b)(2))— (A) in subparagraph (B), by adding and at the end; (B) by redesignating subparagraph (E) as subparagraph (C); (C) in subparagraph (C)(ii), as so redesignated, by striking; and and inserting a period; and (D) by striking subparagraph (F); (5) in section 703(b)(1) (50 U.S.C. 1881b(b)(1))— (A) in subparagraph (J), by adding and at the end; (B) in subparagraph (K)(ii), by striking; and and inserting a period; and (C) by striking subparagraph (L); and (6) in section 704(b) (50 U.S.C. 1881c(b))— (A) in paragraph (7), by adding and at the end; (B) in paragraph (8)(B), by striking; and and inserting a period; and (C) by striking paragraph (9).