79–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–504 

PROVIDING FOR CONSIDERATION OF THE BILL (S. 139) TO IMPLEMENT 

THE USE OF RAPID DNA INSTRUMENTS TO INFORM DECISIONS ABOUT 

PRETRIAL RELEASE OR DETENTION AND THEIR CONDITIONS, TO SOLVE 

AND PREVENT VIOLENT CRIMES AND OTHER CRIMES, TO EXONERATE 

THE INNOCENT, TO PREVENT DNA ANALYSIS BACKLOGS, AND FOR 

OTHER PURPOSES 

JANUARY 9, 2018.—Referred to the House Calendar and ordered to be printed 

Mr. COLLINS of Georgia, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 682] 

The Committee on Rules, having had under consideration House 

Resolution 682, by a record vote of 6 to 3, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of S. 139, the Rapid 

DNA Act of 2017, under a structured rule. The resolution provides 

one hour of debate with 40 minutes equally divided and controlled 

by the chair and ranking minority member of the Permanent Select 

Committee on Intelligence, and 20 minutes equally divided and 

controlled by the chair and ranking minority member of the Committee on the Judiciary. The resolution waives all points of order 

against consideration of the bill. The resolution provides that an 

amendment in the nature of a substitute consisting of the text of 

Rules Committee Print 115–53 shall be considered as adopted and 

the bill, as amended, shall be considered as read. The resolution 

waives all points of against provisions in the bill, as amended. The 

resolution makes in order only the further amendment printed in 

this report, if offered by the Member designated in this report, 

which shall be considered as read, shall be debatable for the time 

specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and 

shall not be subject to a demand for division of the question. The 

resolution waives all points of order against the amendment printed in this report. The resolution provides one motion to commit 

with or without instructions. 

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EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of the bill, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in the bill, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

The waiver of all points of order against the amendment printed 

in this report includes a waiver of clause 12(a)(2) of rule XXI, 

which prohibits consideration of an amendment in the nature of a 

substitute unless there is a searchable electronic comparative print 

that shows how the amendment proposes to change current law. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 173 

Motion by Mr. Polis to make in order and provide the appropriate waivers to amendment #3, offered by Rep. Poe (TX) and Rep. 

Nadler (NY) and Rep. Lofgren (CA) and Rep. Gabbard (HI) and 

Rep. Jayapal (WA) and Rep. Gomez (CA) and Rep. Farenthold (TX) 

and Rep. Polis (CO), which mandates a warrant requirement for a 

search of the 702 database on a US person. It also ends ‘‘about’’ collection. Defeated: 3–6 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... Nay Mr. McGovern ................................................... Yea 

Mr. Burgess ...................................................... ................... Mr. Hastings of Florida ................................... ...................

Mr. Collins ........................................................ Nay Mr. Polis ........................................................... Yea 

Mr. Byrne .......................................................... ...................

Mr. Newhouse ................................................... Nay 

Mr. Buck ........................................................... ...................

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 174 

Motion by Mr. Cole to report the rule. Adopted: 6–3 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Woodall ...................................................... Yea Mr. McGovern ................................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Hastings of Florida ................................... ...................

Mr. Collins ........................................................ Yea Mr. Polis ........................................................... Nay 

Mr. Byrne .......................................................... ...................

Mr. Newhouse ................................................... Yea 

Mr. Buck ........................................................... ...................

Ms. Cheney ....................................................... ...................

Mr. Sessions, Chairman ................................... Yea 

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SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE

MADE IN ORDER

1. Amash (MI): Replaces the text of S. 139 with the text of the 

USA RIGHTS Act, to protect Americans’ Fourth Amendment 

rights. (20 minutes) 

TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN

ORDER

1. AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO BE OFFERED BY REPRESENTATIVE AMASH OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 1, strike line 1 and all that follows and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Uniting and 

Strengthening America by Reforming and Improving the Government’s High-Tech Surveillance Act’’ or the ‘‘USA RIGHTS Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Clarification on prohibition on querying of collections of communications to 

conduct warrantless queries for the communications of United States 

persons and persons inside the United States. 

Sec. 3. Prohibition on reverse targeting under certain authorities of the Foreign Intelligence Surveillance Act of 1978. 

Sec. 4. Prohibition on acquisition, pursuant to certain FISA authorities to target 

certain persons outside the United States, of communications that do 

not include persons targeted under such authorities. 

Sec. 5. Prohibition on acquisition of entirely domestic communications under authorities to target certain persons outside the United States. 

Sec. 6. Limitation on use of information obtained under certain authority of Foreign Intelligence Surveillance Act of 1947 relating to United States persons. 

Sec. 7. Reforms of the Privacy and Civil Liberties Oversight Board. 

Sec. 8. Improved role in oversight of electronic surveillance by amici curiae appointed by courts under Foreign Intelligence Surveillance Act of 1978. 

Sec. 9. Reforms to the Foreign Intelligence Surveillance Court. 

Sec. 10. Study and report on diversity and representation on the FISA Court and 

the FISA Court of Review. 

Sec. 11. Grounds for determining injury in fact in civil action relating to surveillance under certain provisions of Foreign Intelligence Surveillance Act 

of 1978. 

Sec. 12. Clarification of applicability of requirement to declassify significant decisions of Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review. 

Sec. 13. Clarification regarding treatment of information acquired under Foreign 

Intelligence Surveillance Act of 1978. 

Sec. 14. Limitation on technical assistance from electronic communication service 

providers under the Foreign Intelligence Surveillance Act of 1978. 

Sec. 15. Modification of authorities for public reporting by persons subject to nondisclosure requirement accompanying order under Foreign Intelligence 

Surveillance Act of 1978. 

Sec. 16. Annual publication of statistics on number of persons targeted outside the 

United States under certain Foreign Intelligence Surveillance Act of 

1978 authority. 

Sec. 17. Repeal of nonapplicability to Federal Bureau of Investigation of certain reporting requirements under Foreign Intelligence Surveillance Act of 

1978. 

Sec. 18. Publication of estimates regarding communications collected under certain 

provision of Foreign Intelligence Surveillance Act of 1978. 

Sec. 19. Four-year extension of FISA Amendments Act of 2008. 

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SEC. 2. CLARIFICATION ON PROHIBITION ON QUERYING OF COLLECTIONS OF COMMUNICATIONS TO CONDUCT 

WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF 

UNITED STATES PERSONS AND PERSONS INSIDE THE 

UNITED STATES. 

Section 702(b) of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1881a(b)) is amended— 

(1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from 

the left margin; 

(2) by striking ‘‘An acquisition’’ and inserting the following: 

‘‘(1) IN GENERAL.—An acquisition’’; and 

(3) by adding at the end the following: 

‘‘(2) CLARIFICATION ON PROHIBITION ON QUERYING OF COLLECTIONS OF COMMUNICATIONS OF UNITED STATES PERSONS AND

PERSONS INSIDE THE UNITED STATES.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraphs 

(B) and (C), no officer or employee of the United States 

may conduct a query of information acquired under this 

section in an effort to find communications of or about a 

particular United States person or a person inside the 

United States. 

‘‘(B) CONCURRENT AUTHORIZATION AND EXCEPTION FOR

EMERGENCY SITUATIONS.—Subparagraph (A) shall not 

apply to a query for communications related to a particular 

United States person or person inside the United States 

if— 

‘‘(i) such United States person or person inside the 

United States is the subject of an order or emergency 

authorization authorizing electronic surveillance or 

physical search under section 105, 304, 703, 704, or 

705 of this Act, or under title 18, United States Code, 

for the effective period of that order; 

‘‘(ii) the entity carrying out the query has a reasonable belief that the life or safety of such United States 

person or person inside the United States is threatened and the information is sought for the purpose of 

assisting that person; 

‘‘(iii) such United States person or person in the 

United States is a corporation; or 

‘‘(iv) such United States person or person inside the 

United States has consented to the query. 

‘‘(C) QUERIES OF FEDERATED DATA SETS AND MIXED

DATA.—If an officer or employee of the United States conducts a query of a data set, or of federated data sets, that 

includes any information acquired under this section, the 

system shall be configured not to return such information 

unless the officer or employee enters a code or other information indicating that— 

‘‘(i) the person associated with the search term is 

not a United States person or person inside the United 

States; or 

‘‘(ii) if the person associated with the search term is 

a United States person or person inside the United 

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States, one or more of the conditions of subparagraph 

(B) are satisfied. 

‘‘(D) MATTERS RELATING TO EMERGENCY QUERIES.— ‘‘(i) TREATMENT OF DENIALS.—In the event that a 

query for communications related to a particular 

United States person or a person inside the United 

States is conducted pursuant to an emergency authorization authorizing electronic surveillance or a physical search described in subsection (B)(i) and the application for such emergency authorization is denied, or 

in any other case in which the query has been conducted and no order is issued approving the query— 

‘‘(I) no information obtained or evidence derived 

from such query may be received in evidence or 

otherwise disclosed in any trial, hearing, or other 

proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United 

States, a State, or political subdivision thereof; 

and 

‘‘(II) no information concerning any United 

States person acquired from such query may subsequently be used or disclosed in any other manner by Federal officers or employees without the 

consent of such person, except with the approval 

of the Attorney General if the information indicates a threat of death or serious bodily harm to 

any person. 

‘‘(ii) ASSESSMENT OF COMPLIANCE.—The Attorney 

General shall assess compliance with the requirements under clause (i).’’. 

SEC. 3. PROHIBITION ON REVERSE TARGETING UNDER CERTAIN AUTHORITIES OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. 

Section 702 of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1881a), as amended by section 2, is further amended— 

(1) in subsection (b)(1)(B), as redesignated by section 2, by 

striking ‘‘the purpose of such acquisition is to target’’ and inserting ‘‘a significant purpose of such acquisition is to acquire 

the communications of’’; 

(2) in subsection (d)(1)(A)— 

(A) by striking ‘‘ensure that’’ and inserting the following: 

‘‘ensure— 

‘‘(i) that’’; and 

(B) by adding at the end the following: 

‘‘(ii) that an application is filed under title I, if otherwise required, when a significant purpose of an acquisition authorized under subsection (a) is to acquire 

the communications of a particular, known person reasonably believed to be located in the United States; 

and’’; 

(3) in subsection (g)(2)(A)(i)(I)— 

(A) by striking ‘‘ensure that’’ and inserting the following: 

‘‘ensure— 

‘‘(aa) that’’; and 

6 

(B) by adding at the end the following: 

‘‘(bb) that an application is filed under title 

I, if otherwise required, when a significant 

purpose of an acquisition authorized under 

subsection (a) is to acquire the communications of a particular, known person reasonably 

believed to be located in the United States; 

and’’; and 

(4) in subsection (i)(2)(B)(i)— 

(A) by striking ‘‘ensure that’’ and inserting the following: 

‘‘ensure— 

‘‘(I) that’’; and 

(B) by adding at the end the following: 

‘‘(II) that an application is filed under title I, if 

otherwise required, when a significant purpose of 

an acquisition authorized under subsection (a) is 

to acquire the communications of a particular, 

known person reasonably believed to be located in 

the United States; and’’. 

SEC. 4. PROHIBITION ON ACQUISITION, PURSUANT TO CERTAIN FISA 

AUTHORITIES TO TARGET CERTAIN PERSONS OUTSIDE 

THE UNITED STATES, OF COMMUNICATIONS THAT DO 

NOT INCLUDE PERSONS TARGETED UNDER SUCH AUTHORITIES. 

Section 702(b)(1) of the Foreign Intelligence Surveillance Act of 

1978, as redesignated by section 2, is amended— 

(1) in subparagraph (D), as redesignated by section 2, by 

striking ‘‘; and’’ and inserting a semicolon; 

(2) by redesignating subparagraph (E) as subparagraph (G); 

and 

(3) by inserting after subparagraph (D) the following: 

‘‘(E) may not acquire a communication as to which no 

participant is a person who is targeted pursuant to the authorized acquisition;’’. 

SEC. 5. PROHIBITION ON ACQUISITION OF ENTIRELY DOMESTIC COMMUNICATIONS UNDER AUTHORITIES TO TARGET CERTAIN 

PERSONS OUTSIDE THE UNITED STATES. 

Section 702(b)(1) of the Foreign Intelligence Surveillance Act of 

1978, as redesignated by section 2 and amended by section 4, is 

further amended by inserting after subparagraph (E), as added by 

section 4, the following: 

‘‘(F) may not acquire communications known to be entirely domestic; and’’. 

SEC. 6. LIMITATION ON USE OF INFORMATION OBTAINED UNDER CERTAIN AUTHORITY OF FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1947 RELATING TO UNITED STATES PERSONS. 

Section 706(a) of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1881e(a)) is amended— 

(1) by striking ‘‘Information acquired’’ and inserting the following: 

‘‘(1) IN GENERAL.—Information acquired’’; and 

(2) by adding at the end the following: 

‘‘(2) LIMITATION ON USE IN CRIMINAL, CIVIL, AND ADMINISTRATIVE PROCEEDINGS AND INVESTIGATIONS.—No communication to 

or from, or information about, a person acquired under section 

7 

702 who is either a United States person or is located in the 

United States may be introduced as evidence against the person in any criminal, civil, or administrative proceeding or used 

as part of any criminal, civil, or administrative investigation, 

except— 

‘‘(A) with the prior approval of the Attorney General; 

and 

‘‘(B) in a proceeding or investigation in which the information is directly related to and necessary to address a 

specific threat of— 

‘‘(i) terrorism (as defined in clauses (i) through (iii) 

of section 2332(g)(5)(B) of title 18, United States 

Code); 

‘‘(ii) espionage (as used in chapter 37 of title 18, 

United States Code); 

‘‘(iii) proliferation or use of a weapon of mass destruction (as defined in section 2332a(c) of title 18, 

United States Code); 

‘‘(iv) a cybersecurity threat from a foreign country; 

‘‘(v) incapacitation or destruction of critical infrastructure (as defined in section 1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e))); or 

‘‘(vi) a threat to the armed forces of the United 

States or an ally of the United States or to other personnel of the United States Government or a government of an ally of the United States.’’. 

SEC. 7. REFORMS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

BOARD. 

(a) INCLUSION OF FOREIGN INTELLIGENCE ACTIVITIES IN OVERSIGHT AUTHORITY OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT

BOARD.—Section 1061 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (42 U.S.C. 2000ee) is amended— 

(1) in subsection (c), by inserting ‘‘and to conduct foreign intelligence activities’’ after ‘‘terrorism’’ each place such term appears; and 

(2) in subsection (d), by inserting ‘‘and to conduct foreign intelligence activities’’ after ‘‘terrorism’’ each place such term appears. 

(b) SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO THE PRIVACY

AND CIVIL LIBERTIES OVERSIGHT BOARD.— 

(1) IN GENERAL.—Section 1061 of the Intelligence Reform 

and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as 

amended by subsection (a), is further amended— 

(A) in subsection (d), by adding at the end the following: 

‘‘(5) WHISTLEBLOWER COMPLAINTS.— 

‘‘(A) SUBMISSION TO BOARD.—An employee of, or contractor or detailee to, an element of the intelligence community may submit to the Board a complaint or information that such employee, contractor, or detailee believes relates to a privacy or civil liberties concern. The confidentiality provisions under section 2409(b)(3) of title 10, 

United States Code, shall apply to a submission under this 

subparagraph. Any disclosure under this subparagraph 

shall be protected against discrimination under the proceVerDate Sep 11 2014 03:48 Jan 10, 2018 Jkt 079008 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR504.XXX HR504
8 

dures, burdens of proof, and remedies set forth in section 

2409 of such title. 

‘‘(B) AUTHORITY OF BOARD.—The Board may take such 

action as the Board considers appropriate with respect to 

investigating a complaint or information submitted under 

subparagraph (A) or transmitting such complaint or information to any other Executive agency or the congressional 

intelligence committees. 

‘‘(C) RELATIONSHIP TO EXISTING LAWS.—The authority 

under subparagraph (A) of an employee, contractor, or 

detailee to submit to the Board a complaint or information 

shall be in addition to any other authority under another 

provision of law to submit a complaint or information. Any 

action taken under any other provision of law by the recipient of a complaint or information shall not preclude the 

Board from taking action relating to the same complaint or 

information. 

‘‘(D) RELATIONSHIP TO ACTIONS TAKEN UNDER OTHER

LAWS.—Nothing in this paragraph shall prevent— 

‘‘(i) any individual from submitting a complaint or 

information to any authorized recipient of the complaint or information; or 

‘‘(ii) the recipient of a complaint or information from 

taking independent action on the complaint or information.’’; and 

(B) by adding at the end the following: 

‘‘(n) DEFINITIONS.—In this section, the terms ‘congressional intelligence committees’ and ‘intelligence community’ have the meanings given such terms in section 3 of the National Security Act of 

1947 (50 U.S.C. 3003).’’. 

(2) PROHIBITED PERSONNEL PRACTICES.—Section 2302(b)(8)(B) 

of title 5, United States Code, is amended, in the matter preceding clause (i), by striking ‘‘or to the Inspector of an agency 

or another employee designated by the head of the agency to 

receive such disclosures’’ and inserting ‘‘the Inspector General 

of an agency, a supervisor in the employee’s direct chain of 

command (up to and including the head of the employing agency), the Privacy and Civil Liberties Oversight Board, or an employee designated by any of the aforementioned individuals for 

the purpose of receiving such disclosures’’. 

(c) PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA

POWER.—Section 1061(g) of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended— 

(1) in paragraph (1)(D), by striking ‘‘submit a written request 

to the Attorney General of the United States that the Attorney 

General’’; 

(2) by striking paragraph (2); and 

(3) by redesignating paragraphs (3) and (4) as paragraphs (2) 

and (3), respectively. 

(d) APPOINTMENT OF STAFF OF THE PRIVACY AND CIVIL LIBERTIES

OVERSIGHT BOARD.—Section 1061(j) of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(j)) is amended— 

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) 

and (4), respectively; and 

9 

(2) by inserting after paragraph (1) the following: 

‘‘(2) APPOINTMENT IN ABSENCE OF CHAIRMAN.—If the position 

of chairman of the Board is vacant, during the period of the vacancy the Board, at the direction of the majority of the members of the Board, may exercise the authority of the chairman 

under paragraph (1).’’. 

(e) TENURE AND COMPENSATION OF PRIVACY AND CIVIL LIBERTIES

OVERSIGHT BOARD MEMBERS AND STAFF.— 

(1) IN GENERAL.—Section 1061 of the Intelligence Reform 

and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as 

amended by subsections (a) and (b), is further amended— 

(A) in subsection (h)— 

(i) in paragraph (1), by inserting ‘‘full-time’’ after ‘‘4 

additional’’; and 

(ii) in paragraph (4)(B), by striking ‘‘, except that’’ 

and all that follows through the end and inserting a 

period; 

(B) in subsection (i)(1)— 

(i) in subparagraph (A), by striking ‘‘level III of the 

Executive Schedule under section 5314’’ and inserting 

‘‘level II of the Executive Schedule under section 

5313’’; and 

(ii) in subparagraph (B), by striking ‘‘level IV of the 

Executive Schedule’’ and all that follows through the 

end and inserting ‘‘level III of the Executive Schedule 

under section 5314 of title 5, United States Code.’’; 

and 

(C) in subsection (j)(1), by striking ‘‘level V of the Executive Schedule under section 5316’’ and inserting ‘‘level IV 

of the Executive Schedule under section 5315’’. 

(2) EFFECTIVE DATE; APPLICABILITY.— 

(A) IN GENERAL.—The amendments made by paragraph 

(1)— 

(i) shall take effect on the date of the enactment of 

this Act; and 

(ii) except as provided in paragraph (2), shall apply 

to any appointment to a position as a member of the 

Privacy and Civil Liberties Oversight Board made on 

or after the date of the enactment of this Act. 

(B) EXCEPTIONS.— 

(i) COMPENSATION CHANGES.—The amendments 

made by subparagraphs (B)(i) and (C) of paragraph (1) 

shall take effect on the first day of the first pay period 

beginning after the date of the enactment of this Act. 

(ii) ELECTION TO SERVE FULL TIME BY INCUMBENTS.— 

(I) IN GENERAL.—An individual serving as a 

member of the Privacy and Civil Liberties Oversight Board on the date of the enactment of this 

Act, including a member continuing to serve as a 

member under section 1061(h)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 

2004 (42 U.S.C. 2000ee(h)(4)(B)), (referred to in 

this clause as a ‘‘current member’’) may make an 

election to— 

10 

(aa) serve as a member of the Privacy and 

Civil Liberties Oversight Board on a full-time 

basis and in accordance with section 1061 of 

the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as 

amended by this section; or 

(bb) serve as a member of the Privacy and 

Civil Liberties Oversight Board on a part-time 

basis in accordance with such section 1061, as 

in effect on the day before the date of the enactment of this Act, including the limitation 

on service after the expiration of the term of 

the member under subsection (h)(4)(B) of such 

section, as in effect on the day before the date 

of the enactment of this Act. 

(II) ELECTION TO SERVE FULL TIME.—A current 

member making an election under subclause 

(I)(aa) shall begin serving as a member of the Privacy and Civil Liberties Oversight Board on a fulltime basis on the first day of the first pay period 

beginning not less than 60 days after the date on 

which the current member makes such election. 

(f) PROVISION OF INFORMATION ABOUT GOVERNMENT ACTIVITIES

UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO

THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.—The Attorney General shall fully inform the Privacy and Civil Liberties Oversight Board about any activities carried out by the Government 

under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1801 et seq.), including by providing to the Board— 

(1) copies of each detailed report submitted to a committee 

of Congress under such Act; and 

(2) copies of each decision, order, and opinion of the Foreign 

Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review required to be included in the report 

under section 601(a) of such Act (50 U.S.C. 1871(a)). 

SEC. 8. IMPROVED ROLE IN OVERSIGHT OF ELECTRONIC SURVEILLANCE BY AMICI CURIAE APPOINTED BY COURTS UNDER 

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. 

(a) ROLE OF AMICI CURIAE GENERALLY.— (1) IN GENERAL.—Section 103(i)(1) of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1803(i)(1)) is amended by 

adding at the end the following: ‘‘Any amicus curiae designated 

pursuant to this paragraph may raise any issue with the Court 

at any time.’’. 

(2) REFERRAL OF CASES FOR REVIEW.—Section 103(i) of such 

Act is amended— 

(A) by redesignating paragraphs (5) through (10) as 

paragraphs (6) through (11), respectively; and 

(B) by inserting after paragraph (4) the following: 

‘‘(5) REFERRAL FOR REVIEW.— ‘‘(A) REFERRAL TO FOREIGN INTELLIGENCE SURVEILLANCE

COURT EN BANC.—If the court established under subsection 

(a) appoints an amicus curiae under paragraph (2)(A) to 

assist the Court in the consideration of any matter presented to the Court under this Act and the Court makes 

11 

a decision with respect to such matter, the Court, in response to an application by the amicus curiae or any other 

individual designated under paragraph (1), may refer the 

decision to the Court en banc for review as the Court considers appropriate. 

‘‘(B) REFERRAL TO FOREIGN INTELLIGENCE SURVEILLANCE

COURT OF REVIEW.—If the court established under subsection (a) appoints an amicus curiae under paragraph 

(2)(A) to assist the Court in the consideration of any matter presented to the Court under this Act and the Court 

makes a decision with respect to such matter, the Court, 

in response to an application by the amicus curiae or any 

other individual designated under paragraph (1) may refer 

the decision to the court established under subsection (b) 

for review as the Court considers appropriate. 

‘‘(C) REFERRAL TO SUPREME COURT.—If the Court of Review appoints an amicus curiae under paragraph (2) to assist the Court of Review in the review of any matter presented to the Court of Review under this Act or a question 

of law that may affect resolution of a matter in controversy 

and the Court of Review makes a decision with respect to 

such matter or question of law, the Court of Review, in response to an application by the amicus curiae or any other 

individual designated under paragraph (1) may refer the 

decision to the Supreme Court for review as the Court of 

Review considers appropriate. 

‘‘(D) ANNUAL REPORT.—Not later than 60 days after the 

end of each calendar year, the Court and the Court of Review shall each publish, on their respective websites, a report listing— 

‘‘(i) the number of applications for referral received 

by the Court or the Court of Review, as applicable, 

during the most recently concluded calendar year; and 

‘‘(ii) the number of such applications for referral that 

were granted by the Court or the Court of Review, as 

applicable, during such calendar year.’’. 

(3) ASSISTANCE.—Section 103(i)(6) of such Act, as redesignated, is further amended to read as follows: 

‘‘(6) ASSISTANCE.—Any individual designated pursuant to 

paragraph (1) may raise a legal or technical issue or any other 

issue with the Court or the Court of Review at any time. If an 

amicus curiae is appointed under paragraph (2)(A)— 

‘‘(A) the court shall notify all other amicus curiae designated under paragraph (1) of such appointment; 

‘‘(B) the appointed amicus curiae may request, either directly or through the court, the assistance of the other 

amici curiae designated under paragraph (1); and 

‘‘(C) all amici curiae designated under paragraph (1) 

may provide input to the court whether or not such input 

was formally requested by the court or the appointed amicus curiae.’’. 

(4) ACCESS TO INFORMATION.—Section 103(i)(7) of such Act, 

as redesignated, is further amended— 

(A) in subparagraph (A)— 

(i) in clause (i)— 

12 

(I) by striking ‘‘that the court’’ and inserting the 

following: ‘‘that— 

‘‘(I) the court’’; and 

(II) by striking ‘‘and’’ at the end and inserting 

the following: ‘‘or 

‘‘(II) are cited by the Government in an application or case with respect to which an amicus curiae is assisting a court under this subsection;’’; 

(ii) by redesignating clause (ii) as clause (iii); and 

(iii) by inserting after clause (i) the following: 

‘‘(ii) shall have access to an unredacted copy of each 

decision made by a court established under subsection 

(a) or (b) in which the court decides a question of law, 

notwithstanding whether the decision is classified; 

and’’; 

(B) in subparagraph (B), by striking ‘‘may’’ and inserting 

‘‘shall’’; and 

(C) in subparagraph (C)— 

(i) in the subparagraph heading, by striking ‘‘CLASSIFIED INFORMATION’’ and inserting ‘‘ACCESS TO INFOR- MATION’’; and 

(ii) by striking ‘‘court may have access’’ and inserting the following: ‘‘court— 

‘‘(i) shall have access to unredacted copies of each 

opinion, order, transcript, pleading, or other document 

of the Court and the Court of Review; and 

‘‘(ii) may have access’’. 

(5) PUBLIC NOTICE AND RECEIPT OF BRIEFS FROM THIRD PARTIES.—Section 103(i) of such Act, as amended by this subsection, is further amended by adding at the end the following: 

‘‘(12) PUBLIC NOTICE AND RECEIPT OF BRIEFS FROM THIRD

PARTIES.—Whenever a court established under subsection (a) 

or (b) considers a novel question of law that can be considered 

without disclosing classified information, sources, or methods, 

the court shall, to the greatest extent practicable, consider 

such question in an open manner— 

‘‘(A) by publishing on its website each question of law 

that the court is considering; and 

‘‘(B) by accepting briefs from third parties relating to the 

question under consideration by the court.’’. 

(b) PARTICIPATION OF AMICI CURIAE IN OVERSIGHT OF AUTHORIZATIONS FOR TARGETING OF CERTAIN PERSONS OUTSIDE THE UNITED

STATES OTHER THAN UNITED STATES PERSONS.— 

(1) IN GENERAL.—Section 702(i)(2) of such Act (50 U.S.C. 

1881a(i)(2)) is amended— 

(A) in subparagraph (B), by redesignating clauses (i) and 

(ii) as subclauses (I) and (II), respectively, and adjusting 

the indentation of the margin of such subclauses, as so redesignated, two ems to the right; 

(B) by redesignating subparagraphs (A) through (C) as 

clauses (i) through (iii), respectively, and adjusting the indentation of the margin of such clauses, as so redesignated, two ems to the right; 

(C) by inserting before clause (i), as redesignated by subparagraph (B), the following: 

13 

‘‘(A) IN GENERAL.—’’; and 

(D) by adding at the end the following: 

‘‘(B) PARTICIPATION BY AMICI CURIAE.—In reviewing a 

certification under subparagraph (A)(i), the Court shall 

randomly select an amicus curiae designated under section 

103(i) to assist with such review.’’. 

(2) SCHEDULE.—Section 702(i)(5)(A) of such Act is amended 

by striking ‘‘at least 30 days prior to the expiration of such authorization’’ and inserting ‘‘such number of days before the expiration of such authorization as the Court considers necessary 

to comply with the requirements of paragraph (2)(B) or 30 

days, whichever is greater’’. 

(c) PUBLIC NOTICE OF QUESTIONS OF LAW CERTIFIED FOR RE- VIEW.—Section 103(j) of such Act (50 U.S.C. 1803(j)) is amended— 

(1) by striking ‘‘Following’’ and inserting the following: 

‘‘(1) IN GENERAL.—Following’’; and 

(2) by adding at the end the following: 

‘‘(2) PUBLIC NOTICE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), whenever a court established under subsection (a) certifies a question of law for review under paragraph (1) of 

this subsection, the court shall publish on its website— 

‘‘(i) a notice of the question of law to be reviewed; 

and 

‘‘(ii) briefs submitted by the parties, which may be 

redacted at the discretion of the court to protect 

sources, methods, and other classified information. 

‘‘(B) PROTECTION OF CLASSIFIED INFORMATION, SOURCES, 

AND METHODS.—Subparagraph (A) shall apply to the greatest extent practicable, consistent with otherwise applicable 

law on the protection of classified information, sources, 

and methods.’’. 

SEC. 9. REFORMS TO THE FOREIGN INTELLIGENCE SURVEILLANCE 

COURT. 

(a) FISA COURT JUDGES.— 

(1) NUMBER AND DESIGNATION OF JUDGES.—Section 103(a)(1) 

of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1803(a)(1)) is amended to read as follows: 

‘‘(1)(A) There is a court which shall have jurisdiction to hear applications for and to grant orders approving electronic surveillance 

anywhere within the United States under the procedures set forth 

in this Act. 

‘‘(B)(i) The court established under subparagraph (A) shall consist of 13 judges, one of whom shall be designated from each judicial circuit (including the United States Court of Appeals for the 

District of Columbia and the United States Court of Appeals for 

the Federal Circuit). 

‘‘(ii) The Chief Justice of the United States shall— 

‘‘(I) designate each judge of the court established under subparagraph (A) from the nominations made under subparagraph 

(C); and 

‘‘(II) make the name of each judge of such court available to 

the public. 

‘‘(C)(i) When a vacancy occurs in the position of a judge of the 

court established under subparagraph (A) from a judicial circuit, 

14 

the chief judge of the circuit shall propose a district judge for a judicial district within the judicial circuit to be designated for that 

position. 

‘‘(ii) If the Chief Justice does not designate a district judge proposed under clause (i), the chief judge shall propose 2 other district 

judges for a judicial district within the judicial circuit to be designated for that position and the Chief Justice shall designate 1 

such district judge to that position. 

‘‘(D) No judge of the court established under subparagraph (A) 

(except when sitting en banc under paragraph (2)) shall hear the 

same application for electronic surveillance under this Act which 

has been denied previously by another judge of such court. 

‘‘(E) If any judge of the court established under subparagraph (A) 

denies an application for an order authorizing electronic surveillance under this Act, such judge shall provide immediately for the 

record a written statement of each reason for the judge’s decision 

and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection 

(b).’’. 

(2) TENURE.—Section 103(d) of such Act is amended by striking ‘‘redesignation,’’ and all that follows through the end and 

inserting ‘‘redesignation.’’. 

(3) IMPLEMENTATION.— 

(A) INCUMBENTS.—A district judge designated to serve 

on the court established under subsection (a) of such section before the date of enactment of this Act may continue 

to serve in that position until the end of the term of the 

district judge under subsection (d) of such section, as in effect on the day before the date of the enactment of this 

Act. 

(B) INITIAL APPOINTMENT AND TERM.—Notwithstanding 

any provision of such section, as amended by paragraphs 

(1) and (2), and not later than 180 days after the date of 

enactment of this Act, the Chief Justice of the United 

States shall— 

(i) designate a district court judge who is serving in 

a judicial district within the District of Columbia circuit and proposed by the chief judge of such circuit to 

be a judge of the court established under section 

103(a) of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1803(a)) for an initial term of 7 years; 

and 

(ii) designate a district court judge who is serving in 

a judicial district within the Federal circuit and proposed by the chief judge of such circuit to be a judge 

of such court for an initial term of 4 years. 

(b) COURT OF REVIEW.—Section 103(b) of such Act is amended— 

(1) by striking ‘‘The Chief Justice’’ and inserting ‘‘(1) Subject 

to paragraph (2), the Chief Justice’’; and 

(2) by adding at the end the following: 

‘‘(2) The Chief Justice may designate a district court judge or circuit court judge to a position on the court established under paragraph (1) only if at least 5 associate justices approve the designation of such individual.’’. 

15 

SEC. 10. STUDY AND REPORT ON DIVERSITY AND REPRESENTATION 

ON THE FISA COURT AND THE FISA COURT OF REVIEW. 

(a) STUDY.—The Committee on Intercircuit Assignments of the 

Judicial Conference of the United States shall conduct a study on 

how to ensure judges are appointed to the court established under 

subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) and the court established under 

subsection (b) of such section in a manner that ensures such courts 

are diverse and representative. 

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Committee on Intercircuit Assignments shall 

submit to Congress a report on the study carried out under subsection (a). 

SEC. 11. GROUNDS FOR DETERMINING INJURY IN FACT IN CIVIL ACTION RELATING TO SURVEILLANCE UNDER CERTAIN 

PROVISIONS OF FOREIGN INTELLIGENCE SURVEILLANCE 

ACT OF 1978. 

Section 702 of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1881a), as amended by sections 2, 3, 4, 5, and 8(b), is 

further amended by adding at the end the following: 

‘‘(m) CHALLENGES TO GOVERNMENT SURVEILLANCE.— 

‘‘(1) INJURY IN FACT.—In any claim in a civil action brought 

in a court of the United States relating to surveillance conducted under this section, the person asserting the claim has 

suffered an injury in fact if the person— 

‘‘(A) has a reasonable basis to believe that the person’s 

communications will be acquired under this section; and 

‘‘(B) has taken objectively reasonable steps to avoid surveillance under this section. 

‘‘(2) REASONABLE BASIS.—A person shall be presumed to have 

demonstrated a reasonable basis to believe that the communications of the person will be acquired under this section if 

the profession of the person requires the person regularly to 

communicate foreign intelligence information with persons 

who— 

‘‘(A) are not United States persons; and 

‘‘(B) are located outside the United States. 

‘‘(3) OBJECTIVE STEPS.—A person shall be presumed to have 

taken objectively reasonable steps to avoid surveillance under 

this section if the person demonstrates that the steps were 

taken in reasonable response to rules of professional conduct or 

analogous professional rules.’’. 

SEC. 12. CLARIFICATION OF APPLICABILITY OF REQUIREMENT TO DECLASSIFY SIGNIFICANT DECISIONS OF FOREIGN INTELLIGENCE SURVEILLANCE COURT AND FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW. 

Section 602 of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1872) shall apply with respect to decisions, orders, and 

opinions described in subsection (a) of such section that were 

issued on, before, or after the date of the enactment of the Uniting 

and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015 (Public Law 114– 

23). 

16 

SEC. 13. CLARIFICATION REGARDING TREATMENT OF INFORMATION 

ACQUIRED UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. 

(a) DERIVED DEFINED.— (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.’’. 

SEC. 14. LIMITATION ON TECHNICAL ASSISTANCE FROM ELECTRONIC 

COMMUNICATION SERVICE PROVIDERS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. 

Section 702(h)(1) of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1881a(h)(1)) is amended— 

(1) by redesignating subparagraphs (A) and (B) as clauses (i) 

and (ii), respectively, and moving such clauses 2 ems to the 

right; 

(2) by striking ‘‘With respect to’’ and inserting the following: 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), in carrying out’’; and 

17 

(3) by adding at the end the following: 

‘‘(B) LIMITATIONS.—The Attorney General or the Director 

of National Intelligence may not request assistance from 

an electronic communication service provider under subparagraph (A) without demonstrating, to the satisfaction of 

the Court, that the assistance sought— 

‘‘(i) is necessary; 

‘‘(ii) is narrowly tailored to the surveillance at issue; 

and 

‘‘(iii) would not pose an undue burden on the electronic communication service provider or its customers 

who are not an intended target of the surveillance. 

‘‘(C) COMPLIANCE.—An electronic communication service 

provider is not obligated to comply with a directive to provide assistance under this paragraph unless— 

‘‘(i) such assistance is a manner or method that has 

been explicitly approved by the Court; and 

‘‘(ii) the Court issues an order, which has been delivered to the provider, explicitly describing the assistance to be furnished by the provider that has been approved by the Court.’’. 

SEC. 15. MODIFICATION OF AUTHORITIES FOR PUBLIC REPORTING BY 

PERSONS SUBJECT TO NONDISCLOSURE REQUIREMENT 

ACCOMPANYING ORDER UNDER FOREIGN INTELLIGENCE 

SURVEILLANCE ACT OF 1978. 

(a) MODIFICATION OF AGGREGATION BANDING.—Subsection (a) of 

section 604 of the Foreign Intelligence Surveillance Act of 1978 (50 

U.S.C. 1874) is amended— 

(1) by striking paragraphs (1) through (3) and inserting the 

following: 

‘‘(1) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of— 

‘‘(A) the number of national security letters received, reported— 

‘‘(i) for the first 1000 national security letters received, in bands of 200 starting with 1–200; and 

‘‘(ii) for more than 1000 national security letters received, the precise number of national security letters 

received; 

‘‘(B) the number of customer selectors targeted by national security letters, reported— 

‘‘(i) for the first 1000 customer selectors targeted, in 

bands of 200 starting with 1–200; and 

‘‘(ii) for more than 1000 customer selectors targeted, 

the precise number of customer selectors targeted; 

‘‘(C) the number of orders or directives received, combined, under this Act for contents— 

‘‘(i) reported— 

‘‘(I) for the first 1000 orders and directives received, in bands of 200 starting with 1–200; and 

‘‘(II) for more than 1000 orders and directives 

received, the precise number of orders received; 

and 

18 

‘‘(ii) disaggregated by whether the order or directive 

was issued under section 105, 402, 501, 702, 703, or 

704; 

‘‘(D) the number of customer selectors targeted under orders or directives received, combined, under this Act for 

contents— 

‘‘(i) reported— 

‘‘(I) for the first 1000 customer selectors targeted, in bands of 200 starting with 1–200; and 

‘‘(II) for more than 1000 customer selectors targeted, the precise number of customer selectors 

targeted; and 

‘‘(ii) disaggregated by whether the order or directive 

was issued under section 105, 402, 501, 702, 703, or 

704; 

‘‘(E) the number of orders or directives received under 

this Act for noncontents— 

‘‘(i) reported— 

‘‘(I) for the first 1000 orders or directives received, in bands of 200 starting with 1–200; and 

‘‘(II) for more than 1000 orders or directives received, the precise number of orders received; and 

‘‘(ii) disaggregated by whether the order or directive 

was issued under section 105, 402, 501, 702, 703, or 

704; and 

‘‘(F) the number of customer selectors targeted under orders or directives under this Act for noncontents— 

‘‘(i) reported— 

‘‘(I) for the first 1000 customer selectors targeted, in bands of 200 starting with 1–200; and 

‘‘(II) for more than 1000 customer selectors targeted, the precise number of customer selectors 

targeted; and 

‘‘(ii) disaggregated by whether the order or directive 

was issued under section 105, 402, 501, 702, 703, or 

704.’’; and 

(2) by redesignating paragraph (4) as paragraph (2). 

(b) ADDITIONAL DISCLOSURES.—Such section is amended— 

(1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and 

(2) by inserting after subsection (a) the following: 

‘‘(b) ADDITIONAL DISCLOSURES.—A person who publicly reports 

information under subsection (a) may also publicly report the following information, relating to the previous 180 days, using a semiannual report that indicates whether the person was or was not required to comply with an order, directive, or national security letter 

issued under each of sections 105, 402, 501, 702, 703, and 704 and 

the provisions listed in section 603(e)(3).’’. 

SEC. 16. ANNUAL PUBLICATION OF STATISTICS ON NUMBER OF PERSONS TARGETED OUTSIDE THE UNITED STATES UNDER 

CERTAIN FOREIGN INTELLIGENCE SURVEILLANCE ACT 

OF 1978 AUTHORITY. 

Not less frequently than once each year, the Director of National 

Intelligence shall publish the following: 

19 

(1) A description of the subject matter of each of the certifications provided under subsection (g) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) in 

the last calendar year. 

(2) Statistics revealing the number of persons targeted in the 

last calendar year under subsection (a) of such section, 

disaggregated by certification under which the person was targeted. 

SEC. 17. REPEAL OF NONAPPLICABILITY TO FEDERAL BUREAU OF INVESTIGATION OF CERTAIN REPORTING REQUIREMENTS 

UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 

1978. 

Section 603(d)(2) of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1873(d)(2)) is amended by striking ‘‘(A) FEDERAL

BUREAU’’ and all that follows through ‘‘Paragraph (3)(B) of’’ and inserting ‘‘Paragraph (3)(B)’’. 

SEC. 18. PUBLICATION OF ESTIMATES REGARDING COMMUNICATIONS 

COLLECTED UNDER CERTAIN PROVISION OF FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. 

(a) IN GENERAL.—Except as provided in subsection (b), not later 

than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall publish an estimate of— 

(1) the number of United States persons whose communications are collected under section 702 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1881a); or 

(2) the number of communications collected under such section to which a party is a person inside the United States. 

(b) IN CASE OF TECHNICAL IMPOSSIBILITY.—If the Director determines that publishing an estimate pursuant to subsection (a) is not 

technically possible— 

(1) subsection (a) shall not apply; and 

(2) the Director shall publish an assessment in unclassified 

form explaining such determination, but may submit a classified annex to the appropriate committees of Congress as necessary. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the congressional intelligence committees (as defined in 

section 3 of the National Security Act of 1947 (50 U.S.C. 

3003)); 

(2) the Committee on the Judiciary of the Senate; and 

(3) the Committee on the Judiciary of the House of Representatives. 

SEC. 19. FOUR-YEAR EXTENSION OF FISA AMENDMENTS ACT OF 2008. 

(a) EXTENSION.—Section 403(b) of the FISA Amendments Act of 

2008 (Public Law 110–261) is amended— 

(1) in paragraph (1) (50 U.S.C. 1881–1881g note), by striking 

‘‘December 31, 2017’’ and inserting ‘‘September 30, 2021’’; and 

(2) in paragraph (2) (18 U.S.C. 2511 note), in the material 

preceding subparagraph (A), by striking ‘‘December 31, 2017’’ 

and inserting ‘‘September 30, 2021’’. 

20 

(b) CONFORMING AMENDMENT.—The heading of section 404(b)(1) 

of the FISA Amendments Act of 2008 (Public Law 110–261; 50 

U.S.C. 1801 note) is amended by striking ‘‘DECEMBER 31, 2017’’ and 

inserting ‘‘SEPTEMBER 30, 2021’’. 

Æ