HR-6570 : Still Just a Bill

The bill H.R. 6570, also known as the "Protect Liberty and End Warrantless Surveillance Act of 2023," proposes several amendments to the Foreign Intelligence Surveillance Act (FISA) of 1978, focusing on reforming authorities, increasing transparency, and enhancing oversight. Here's a summary of the key provisions:

• Query Procedure Reform: Limits who can conduct queries using U.S. person query terms and requires documentation for such queries. It also prohibits warrantless queries for communications of U.S. persons and individuals in the U.S., with exceptions for emergencies, consent, and cybersecurity purposes.
• Limits on the Use of Information: Restricts the use of information obtained under Section 702 relating to U.S. persons or people located in the United States in criminal, civil, and administrative actions.
• Repeal of "Abouts" Collection Authority: Eliminates the authority to resume collection of communications that merely mention a target.
• Foreign Intelligence Surveillance Court (FISC) Reform: Requires, when practicable, that the same judge hear renewal applications, expands the use of amici curiae (friends of the court), and enhances access to information for amici.
• Application for Electronic Surveillance Orders: Requires disclosure of more information in applications, including rebuttal information, and restricts the use of information from media sources or political campaigns.
• Public Disclosure and Declassification: Mandates the submission of declassified copies of documents to Congress and sets a timeline for declassification review.
• Congressional Oversight: Allows certain congressional officials to attend FISC proceedings and requires transcriptions of proceedings to be made available.
• Annual Audit of FISA Compliance: Requires the Inspector General to conduct an annual audit of FISA compliance and submit a report to Congress.
• Reporting on Accuracy: Requires analysis of the accuracy and completeness of applications and certifications submitted to the FISC.
• Annual Report of the Federal Bureau of Investigation: Requires a report on disciplinary activities related to violations of law and procedures under FISA, as well as queries conducted using United States person query terms.
• Extension of Title VII of FISA: Extends the effective dates for certain provisions under Title VII of FISA.
• Criminal Penalties: Introduces additional offenses and enhances penalties for violations of FISA.
• Contempt Power of FISC and FISC-R: Amends title 18 to increase the contempt power of the FISC and FISC-R.
• Civil Action Penalties: Increases the penalty amounts for civil actions.
• Accountability Procedures: Mandates accountability procedures for incidents related to queries conducted by the FBI.
• Agency Compliance: Mandates agency procedures to ensure compliance with FISA.
• Protection of Records Held by Data Brokers: Establishes a prohibition on law enforcement and intelligence agencies from obtaining certain records and information from third parties in exchange for value.
• Intermediary Service Providers: Places limits on intermediary service providers.
• Limits on Surveillance: Limits surveillance conducted for foreign intelligence purposes other than under FISA.
• Limits on Civil Immunity: Places limits on civil immunity for those providing information to the government without a court order.
• Prohibition on Reverse Targeting: Places a prohibition on reverse targeting of United States persons and persons located in the United States.
• Disclosure: Establishes procedures to disclose certain information in FISA applications.
• Enhancement of Reports by the DNI: Enhances the detail for annual reports by the Director of National Intelligence.
• Quarterly Reports: Mandates quarterly reports to congressional intelligence committees and the Committees on the Judiciary of the Senate and of the House of Representatives.