Bill
S 4082
The bill tightens FISA surveillance to protect U.S. persons, strengthens privacy safeguards, and increases oversight, transparency, and accountability across authorities.
Title I — Protections for United States Persons under Section 702 (FISA 1978)
- Prohibitions on warrantless queries for United States persons and those located in the United States.
- Creation of “covered person” and “covered information/query” definitions to narrow and clarify querying scope.
- Strict limits on use and access to information returned from covered queries; access allowed only under specific, tightly defined exceptions (emergency, consent, defensive cyber security, or concurrent authorization).
- Mandatory primary foreign intelligence purpose for queries; explicit retention and minimization requirements.
- Mandatory documentation and electronic record-keeping for each query and access, including purposes, terms used, dates, and authorizing personnel.
- Annual or periodic reporting to Congress on sensitive queries.
Title II — Fourth Amendment Is Not for Sale Act
- Prohibits federal law enforcement purchases of personal data from data brokers in exchange for value; defines personal data, covered persons, and related terms; introduces privacy protections against value-based data trade.
Title III — Additional Reforms Relating to FISA Activities
- Court supervision of acquisitions targeting United States persons inside the United States.
- Strengthened disclosures in Title V and other FISA applications; enhanced accuracy procedures.
- Sunset provisions and reforms for certain grandfather clauses; improved DOJ interactions and transparency with the FISA Court (including amici curiae access and declassification of significant decisions).
- Clarifications on jurisdiction, injury standards in civil suits, and accountability for federal employee violations.
- Reforms to exclusive means limitations under FISA.
Title IV — Reforms Related to Surveillance Conducted for Foreign Intelligence Purposes Other Than Under FISA
- Similar protections and prohibitions on warrantless acquisition, minimization, retention, and querying for non-FISA foreign intelligence activities.
Title V — Independent Oversight
- Inspector General oversight of FISA orders.
- Parity and communications with Privacy and Civil Liberties Oversight Board.
- Expanded congressional oversight over immunity grants for warrantless surveillance assistance.
Title VI — Reforms to the Electronic Communications Privacy Act (ECPA)
- Warrant protections for location data, web browsing, search query records, and app-based communications.
- Standardized protections across phone, metadata, and data held by interactive computing services.
- Modernized criminal surveillance reporting; standardized protections for data brokers; protections for data held by intermediaries.
Title VII — Protection of Car Data from Federal Warrantless Searches
- Specific protections for vehicle data from warrantless searches.
Title VIII — Intelligence Transparency
- Enhanced annual reporting by the Administrative Office of the U.S. Courts and by the Director of National Intelligence.
- More granular aggregate reporting on recipients of FISA orders, use of authorities, and compliance assessments.
- Publication of estimates on communications collected; improved reporting on emergency order compliance.
Title IX — Severability, Delays, and Related Provisions
- Rule of construction relative to state/local law enforcement.
- Severability and limited implementation delays.
Definitions and cross-referencing updates throughout the bill to align terminology (e.g., replacing references to “United States persons” with “covered persons,” and renaming courts to Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review where applicable).
Sec. 2 (definitions): Expands FISA terminology to include Foreign Intelligence Surveillance Court and Court of Review; defines “covered person” and “appropriate committees of Congress.”
Sec. 111 (extending Section 702): Proposes a four-year extension of Section 702 with updated transitional language to reflect the Act’s reforms.
Sec. 201–305: Various provisions to implement Fourth Amendment protections, privacy safeguards, accuracy certifications, and guidance for the administration of enhanced surveillance policies.
Note: The bill includes numerous cross-references and renaming of courts and authorities (e.g., Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review), and expands or clarifies oversight, retention, minimization, and transparency requirements across multiple titles.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
