In the House of Representatives, U. S., 

January 11, 2018. 

Resolved, That the bill from the Senate (S. 139) entitled 

‘‘An Act 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.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘FISA Amendments Reauthorization Act of 2017’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 

TITLE I—ENHANCEMENTS TO FOREIGN INTELLIGENCE 

COLLECTION AND SAFEGUARDS, ACCOUNTABILITY, AND OVERSIGHT 

Sec. 101. Querying procedures required. 

Sec. 102. Use and disclosure provisions. 

Sec. 103. Congressional review and oversight of abouts collection. 

Sec. 104. Publication of minimization procedures under section 702. 

Sec. 105. Section 705 emergency provision. 

Sec. 106. Compensation of amici curiae and technical experts. 

Sec. 107. Additional reporting requirements. 

Sec. 108. Improvements to Privacy and Civil Liberties Oversight Board. 

Sec. 109. Privacy and civil liberties officers. 

Sec. 110. Whistleblower protections for contractors of the intelligence community. 

Sec. 111. Briefing on notification requirements. 

Sec. 112. Inspector General report on queries conducted by Federal Bureau of Investigation. 
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TITLE II—EXTENSION OF AUTHORITIES, INCREASED PENALTIES, 

REPORTS, AND OTHER MATTERS 

Sec. 201. Extension of title VII of FISA; effective dates. 

Sec. 202. Increased penalty for unauthorized removal and retention of classified 

documents or material. 

Sec. 203. Report on challenges to the effectiveness of foreign intelligence surveillance. 

Sec. 204. Comptroller General study on the classification system and protection 

of classified information. 

Sec. 205. Technical amendments and amendments to improve procedures of the 

Foreign Intelligence Surveillance Court of Review. 

Sec. 206. Severability. 

1 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

2 SURVEILLANCE ACT OF 1978. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms of 

5 an amendment to, or a repeal of, a section or other provi6 sion, the reference shall be considered to be made to a section 

7 or other provision of the Foreign Intelligence Surveillance 

8 Act of 1978 (50 U.S.C. 1801 et seq.). 

9 TITLE I—ENHANCEMENTS TO 

10 FOREIGN INTELLIGENCE COL11 LECTION AND SAFEGUARDS, 

12 ACCOUNTABILITY, AND OVER13 SIGHT 

14 SEC. 101. QUERYING PROCEDURES REQUIRED. 

15 (a) QUERYING PROCEDURES.— 

16 (1) IN GENERAL.—Section 702 (50 U.S.C. 

17 1881a) is amended— 
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1 (A) by redesignating subsections (f) through 

2 (l) as subsections (g) through (m), respectively; 

3 and 

4 (B) by inserting after subsection (e) the fol5 lowing new subsection: 

6 ‘‘(f) QUERIES.— 

7 ‘‘(1) PROCEDURES REQUIRED.— 

8 ‘‘(A) REQUIREMENT TO ADOPT.—The Attor9 ney General, in consultation with the Director of 

10 National Intelligence, shall adopt querying pro11 cedures consistent with the requirements of the 

12 fourth amendment to the Constitution of the 

13 United States for information collected pursuant 

14 to an authorization under subsection (a). 

15 ‘‘(B) RECORD OF UNITED STATES PERSON

16 QUERY TERMS.—The Attorney General, in con17 sultation with the Director of National Intel18 ligence, shall ensure that the procedures adopted 

19 under subparagraph (A) include a technical pro20 cedure whereby a record is kept of each United 

21 States person query term used for a query. 

22 ‘‘(C) JUDICIAL REVIEW.—The procedures 

23 adopted in accordance with subparagraph (A) 

24 shall be subject to judicial review pursuant to 

25 subsection (j). 
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1 ‘‘(2) ACCESS TO RESULTS OF CERTAIN QUERIES

2 CONDUCTED BY FBI.— 

3 ‘‘(A) COURT ORDER REQUIRED FOR FBI RE4 VIEW OF CERTAIN QUERY RESULTS IN CRIMINAL

5 INVESTIGATIONS UNRELATED TO NATIONAL SE6 CURITY.—Except as provided by subparagraph 

7 (E), in connection with a predicated criminal 

8 investigation opened by the Federal Bureau of 

9 Investigation that does not relate to the national 

10 security of the United States, the Federal Bureau 

11 of Investigation may not access the contents of 

12 communications acquired under subsection (a) 

13 that were retrieved pursuant to a query made 

14 using a United States person query term that 

15 was not designed to find and extract foreign in16 telligence information unless— 

17 ‘‘(i) the Federal Bureau of Investiga18 tion applies for an order of the Court under 

19 subparagraph (C); and 

20 ‘‘(ii) the Court enters an order under 

21 subparagraph (D) approving such applica22 tion. 

23 ‘‘(B) JURISDICTION.—The Court shall have 

24 jurisdiction to review an application and to 
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1 enter an order approving the access described in 

2 subparagraph (A). 

3 ‘‘(C) APPLICATION.—Each application for 

4 an order under this paragraph shall be made by 

5 a Federal officer in writing upon oath or affir6 mation to a judge having jurisdiction under sub7 paragraph (B). Each application shall require 

8 the approval of the Attorney General based upon 

9 the finding of the Attorney General that the ap10 plication satisfies the criteria and requirements 

11 of such application, as set forth in this para12 graph, and shall include— 

13 ‘‘(i) the identity of the Federal officer 

14 making the application; and 

15 ‘‘(ii) an affidavit or other information 

16 containing a statement of the facts and cir17 cumstances relied upon by the applicant to 

18 justify the belief of the applicant that the 

19 contents of communications described in 

20 subparagraph (A) covered by the applica21 tion would provide evidence of— 

22 ‘‘(I) criminal activity; 

23 ‘‘(II) contraband, fruits of a 

24 crime, or other items illegally possessed 

25 by a third party; or 
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1 ‘‘(III) property designed for use, 

2 intended for use, or used in commit3 ting a crime. 

4 ‘‘(D) ORDER.—Upon an application made 

5 pursuant to subparagraph (C), the Court shall 

6 enter an order approving the accessing of the 

7 contents of communications described in sub8 paragraph (A) covered by the application if the 

9 Court finds probable cause to believe that such 

10 contents would provide any of the evidence de11 scribed in subparagraph (C)(ii). 

12 ‘‘(E) EXCEPTION.—The requirement for an 

13 order of the Court under subparagraph (A) to ac14 cess the contents of communications described in 

15 such subparagraph shall not apply with respect 

16 to a query if the Federal Bureau of Investigation 

17 determines there is a reasonable belief that such 

18 contents could assist in mitigating or elimi19 nating a threat to life or serious bodily harm. 

20 ‘‘(F) RULE OF CONSTRUCTION.—Nothing in 

21 this paragraph may be construed as— 

22 ‘‘(i) limiting the authority of the Fed23 eral Bureau of Investigation to conduct 

24 lawful queries of information acquired 

25 under subsection (a); 
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1 ‘‘(ii) limiting the authority of the Fed2 eral Bureau of Investigation to review, 

3 without a court order, the results of any 

4 query of information acquired under sub5 section (a) that was reasonably designed to 

6 find and extract foreign intelligence infor7 mation, regardless of whether such foreign 

8 intelligence information could also be con9 sidered evidence of a crime; or 

10 ‘‘(iii) prohibiting or otherwise limiting 

11 the ability of the Federal Bureau of Inves12 tigation to access the results of queries con13 ducted when evaluating whether to open an 

14 assessment or predicated investigation relat15 ing to the national security of the United 

16 States. 

17 ‘‘(3) DEFINITIONS.—In this subsection: 

18 ‘‘(A) The term ‘contents’ has the meaning 

19 given that term in section 2510(8) of title 18, 

20 United States Code. 

21 ‘‘(B) The term ‘query’ means the use of one 

22 or more terms to retrieve the unminimized con23 tents or noncontents located in electronic and 

24 data storage systems of communications of or 

25 concerning United States persons obtained 
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1 through acquisitions authorized under subsection 

2 (a).’’. 

3 (2) APPLICATION.—Subsection (f) of section 702 

4 of the Foreign Intelligence Surveillance Act of 1978 

5 (50 U.S.C. 1881a), as added by paragraph (1), shall 

6 apply with respect to certifications submitted under 

7 subsection (h) of such section to the Foreign Intel8 ligence Surveillance Court after January 1, 2018. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) AMENDMENTS TO SECTION 702 OF FISA.— 

11 Such section 702 is further amended— 

12 (A) in subsection (a), by striking ‘‘with sub13 section (i)(3)’’ and inserting ‘‘with subsection 

14 (j)(3)’’; 

15 (B) in subsection (c)— 

16 (i) in paragraph (1)(B), by striking 

17 ‘‘with subsection (g)’’ and inserting ‘‘with 

18 subsection (h)’’; 

19 (ii) in paragraph (2), by striking ‘‘to 

20 subsection (i)(3)’’ and inserting ‘‘to sub21 section (j)(3)’’; and 

22 (iii) in paragraph (3)— 

23 (I) in subparagraph (A), by strik24 ing ‘‘with subsection (g)’’ and inserting 

25 ‘‘with subsection (h)’’; and 
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1 (II) in subparagraph (B)— 

2 (aa) by striking ‘‘to sub3 section (i)(1)(C)’’ and inserting 

4 ‘‘to subsection (j)(1)(C)’’; and 

5 (bb) by striking ‘‘under sub6 section (i)’’ and inserting ‘‘under 

7 subsection (j)’’; 

8 (C) in subsection (d)(2), by striking ‘‘to 

9 subsection (i)’’ and inserting ‘‘to subsection (j)’’; 

10 (D) in subsection (e)(2), by striking ‘‘to sub11 section (i)’’ and inserting ‘‘to subsection (j)’’; 

12 (E) in subsection (h), as redesignated by 

13 subsection (a)(1)— 

14 (i) in paragraph (2)(A)(iii), by strik15 ing ‘‘with subsection (f)’’ and inserting 

16 ‘‘with subsection (g)’’; 

17 (ii) in paragraph (3), by striking 

18 ‘‘with subsection (i)(1)(C)’’ and inserting 

19 ‘‘with subsection (j)(1)(C)’’; and 

20 (iii) in paragraph (6), by striking ‘‘to 

21 subsection (i)’’ and inserting ‘‘to subsection 

22 (j)’’; 

23 (F) in subsection (j), as redesignated by 

24 subsection (a)(1)— 

25 (i) in paragraph (1)— 
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1 (I) in subparagraph (A), by strik2 ing ‘‘targeting and minimization pro3 cedures adopted in accordance with 

4 subsections (d) and (e)’’ and inserting 

5 ‘‘targeting, minimization, and 

6 querying procedures adopted in accord7 ance with subsections (d), (e), and 

8 (f)(1)’’; 

9 (II) in subparagraph (B), by 

10 striking ‘‘targeting and minimization 

11 procedures adopted in accordance with 

12 subsections (d) and (e)’’ and inserting 

13 ‘‘targeting, minimization, and 

14 querying procedures adopted in accord15 ance with subsections (d), (e), and 

16 (f)(1)’’; and 

17 (III) in subparagraph (C), by 

18 striking ‘‘targeting and minimization 

19 procedures adopted in accordance with 

20 subsections (d) and (e)’’ and inserting 

21 ‘‘targeting, minimization, and 

22 querying procedures adopted in accord23 ance with subsections (d), (e), and 

24 (f)(1)’’; 

25 (ii) in paragraph (2)— 
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1 (I) in subparagraph (A), by strik2 ing ‘‘with subsection (g)’’ and inserting 

3 ‘‘with subsection (h)’’; and 

4 (II) by adding at the end the fol5 lowing: 

6 ‘‘(D) QUERYING PROCEDURES.—The 

7 querying procedures adopted in accordance with 

8 subsection (f)(1) to assess whether such proce9 dures comply with the requirements of such sub10 section.’’; 

11 (iii) in paragraph (3)— 

12 (I) in subparagraph (A)— 

13 (aa) by striking ‘‘with sub14 section (g)’’ and inserting ‘‘with 

15 subsection (h)’’; and 

16 (bb) by striking ‘‘targeting 

17 and minimization procedures 

18 adopted in accordance with sub19 sections (d) and (e)’’ and insert20 ing ‘‘targeting, minimization, and 

21 querying procedures adopted in 

22 accordance with subsections (d), 

23 (e), and (f)(1)’’; and 

24 (II) in subparagraph (B), in the 

25 matter before clause (i)— 
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1 (aa) by striking ‘‘with sub2 section (g)’’ and inserting ‘‘with 

3 subsection (h)’’; and 

4 (bb) by striking ‘‘with sub5 sections (d) and (e)’’ and insert6 ing ‘‘with subsections (d), (e), and 

7 (f)(1)’’; and 

8 (iv) in paragraph (5)(A)— 

9 (I) by striking ‘‘with subsection 

10 (g)’’ and inserting ‘‘with subsection 

11 (h)’’; and 

12 (II) by striking ‘‘with subsections 

13 (d) and (e)’’ and inserting ‘‘with sub14 sections (d), (e), and (f)(1)’’; and 

15 (G) in subsection (m), as redesignated by 

16 subsection (a)(1)— 

17 (i) in paragraph (1), in the matter be18 fore subparagraph (A)— 

19 (I) by striking ‘‘targeting and 

20 minimization procedures adopted in 

21 accordance with subsections (d) and 

22 (e)’’ and inserting ‘‘targeting, mini23 mization, and querying procedures 

24 adopted in accordance with subsections 

25 (d), (e), and (f)(1)’’; and 
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1 (II) by striking ‘‘with subsection 

2 (f)’’ and inserting ‘‘with subsection 

3 (g)’’; and 

4 (ii) in paragraph (2)(A)— 

5 (I) by striking ‘‘targeting and 

6 minimization procedures adopted in 

7 accordance with subsections (d) and 

8 (e)’’ and inserting ‘‘targeting, mini9 mization, and querying procedures 

10 adopted in accordance with subsections 

11 (d), (e), and (f)(1)’’; and 

12 (II) by striking ‘‘with subsection 

13 (f)’’ and inserting ‘‘with subsection 

14 (g)’’. 

15 (2) AMENDMENTS TO FISA.—The Foreign Intel16 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

17 seq.) is further amended— 

18 (A) by striking ‘‘section 702(h)’’ each place 

19 it appears and inserting ‘‘section 702(i)’’; 

20 (B) by striking ‘‘section 702(g)’’ each place 

21 it appears and inserting ‘‘section 702(h)’’; and 

22 (C) in section 707(b)(1)(G)(ii), by striking 

23 ‘‘subsections (d), (e), and (f)’’ and inserting 

24 ‘‘subsections (d), (e), (f)(1), and (g)’’. 
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1 (3) AMENDMENTS TO FISA AMENDMENTS ACT OF

2 2008.—Section 404 of the Foreign Intelligence Surveil3 lance Act of 1978 Amendments Act of 2008 (Public 

4 Law 110–261; 50 U.S.C. 1801 note) is amended— 

5 (A) in subsection (a)(7)(B)— 

6 (i) by striking ‘‘under section 

7 702(i)(3)’’ and inserting ‘‘under section 

8 702(j)(3)’’; and 

9 (ii) by striking ‘‘of section 702(i)(4)’’ 

10 and inserting ‘‘of section 702(j)(4)’’; 

11 (B) in subsection (b)— 

12 (i) in paragraph (3)— 

13 (I) in subparagraph (A), by strik14 ing ‘‘to section 702(h)’’ and inserting 

15 ‘‘to section 702(i)’’; and 

16 (II) in subparagraph (B)— 

17 (aa) by striking ‘‘section 

18 702(h)(3) of’’ and inserting ‘‘sec19 tion 702(i)(3) of’’; and 

20 (bb) by striking ‘‘to section 

21 702(h)’’ and inserting ‘‘to section 

22 702(i)’’; and 

23 (ii) in paragraph (4)— 
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1 (I) in subparagraph (A), by strik2 ing ‘‘and sections 702(l)’’ and insert3 ing ‘‘and sections 702(m)’’; and 

4 (II) in subparagraph (B)(iv), by 

5 striking ‘‘or section 702(l)’’ and insert6 ing ‘‘or section 702(m)’’. 

7 SEC. 102. USE AND DISCLOSURE PROVISIONS. 

8 (a) END USE RESTRICTION.—Section 706(a) (50 

9 U.S.C. 1881e(a)) is amended— 

10 (1) by striking ‘‘Information acquired’’ and in11 serting the following: 

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

13 (2) by adding at the end the following: 

14 ‘‘(2) UNITED STATES PERSONS.— 

15 ‘‘(A) IN GENERAL.—Any information con16 cerning a United States person acquired under 

17 section 702 shall not be used in evidence against 

18 that United States person pursuant to para19 graph (1) in any criminal proceeding unless— 

20 ‘‘(i) the Federal Bureau of Investiga21 tion obtained an order of the Foreign Intel22 ligence Surveillance Court to access such in23 formation pursuant to section 702(f)(2); or 

24 ‘‘(ii) the Attorney General determines 

25 that— 
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1 ‘‘(I) the criminal proceeding af2 fects, involves, or is related to the na3 tional security of the United States; or 

4 ‘‘(II) the criminal proceeding in5 volves— 

6 ‘‘(aa) death; 

7 ‘‘(bb) kidnapping; 

8 ‘‘(cc) serious bodily injury, 

9 as defined in section 1365 of title 

10 18, United States Code; 

11 ‘‘(dd) conduct that con12 stitutes a criminal offense that is 

13 a specified offense against a 

14 minor, as defined in section 111 

15 of the Adam Walsh Child Protec16 tion and Safety Act of 2006 (34 

17 U.S.C. 20911); 

18 ‘‘(ee) incapacitation or de19 struction of critical infrastruc20 ture, as defined in section 1016(e) 

21 of the USA PATRIOT Act (42 

22 U.S.C. 5195c(e)); 

23 ‘‘(ff) cybersecurity, including 

24 conduct described in section 

25 1016(e) of the USA PATRIOT 
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1 Act (42 U.S.C. 5195c(e)) or sec2 tion 1029, 1030, or 2511 of title 

3 18, United States Code; 

4 ‘‘(gg) transnational crime, 

5 including transnational narcotics 

6 trafficking and transnational or7 ganized crime; or 

8 ‘‘(hh) human trafficking. 

9 ‘‘(B) NO JUDICIAL REVIEW.—A determina10 tion by the Attorney General under subpara11 graph (A)(ii) is not subject to judicial review.’’. 

12 (b) INTELLIGENCE COMMUNITY DISCLOSURE PROVI13 SION.—Section 603 (50 U.S.C. 1873) is amended— 

14 (1) in subsection (b)— 

15 (A) in paragraph (1), by striking ‘‘good 

16 faith estimate of the number of targets of such 

17 orders;’’ and inserting the following: ‘‘good faith 

18 estimate of— 

19 ‘‘(A) the number of targets of such orders; 

20 ‘‘(B) the number of targets of such orders 

21 who are known to not be United States persons; 

22 and 

23 ‘‘(C) the number of targets of such orders 

24 who are known to be United States persons;’’; 

25 (B) in paragraph (2)— 
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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘, including pursu3 ant to subsection (f)(2) of such section,’’ 

4 after ‘‘section 702’’; 

5 (ii) by redesignating subparagraphs 

6 (A) and (B) as subparagraphs (B) and (C), 

7 respectively; 

8 (iii) by inserting before subparagraph 

9 (B), as so redesignated, the following: 

10 ‘‘(A) the number of targets of such orders;’’; 

11 (iv) in subparagraph (B), as so redes12 ignated, by striking ‘‘and’’ at the end; and 

13 (v) by adding at the end the following: 

14 ‘‘(D) the number of instances in which the 

15 Federal Bureau of Investigation opened, under 

16 the Criminal Investigative Division or any suc17 cessor division, an investigation of a United 

18 States person (who is not considered a threat to 

19 national security) based wholly or in part on an 

20 acquisition authorized under such section;’’; 

21 (C) in paragraph (3)(A), by striking ‘‘or22 ders; and’’ and inserting the following: ‘‘orders, 

23 including— 
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1 ‘‘(i) the number of targets of such or2 ders who are known to not be United States 

3 persons; and 

4 ‘‘(ii) the number of targets of such or5 ders who are known to be United States 

6 persons; and’’; 

7 (D) by redesignating paragraphs (4), (5), 

8 and (6) as paragraphs (5), (6), and (7), respec9 tively; and 

10 (E) by inserting after paragraph (3) the fol11 lowing: 

12 ‘‘(4) the number of criminal proceedings in 

13 which the United States or a State or political sub14 division thereof provided notice pursuant to sub15 section (c) or (d) of section 106 (including with re16 spect to information acquired from an acquisition 

17 conducted under section 702) or subsection (d) or (e) 

18 of section 305 of the intent of the government to enter 

19 into evidence or otherwise use or disclose any infor20 mation obtained or derived from electronic surveil21 lance, physical search, or an acquisition conducted 

22 pursuant to this Act;’’; and 

23 (2) in subsection (d)— 

24 (A) in paragraph (1), by striking ‘‘(4), or 

25 (5)’’ and inserting ‘‘(5), or (6)’’; 
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1 (B) in paragraph (2)(A)— 

2 (i) by striking ‘‘Paragraphs (2)(A), 

3 (2)(B), and (5)(C)’’ and inserting ‘‘Para4 graphs (2)(B), (2)(C), and (6)(C)’’; and 

5 (ii) by inserting before the period at 

6 the end the following: ‘‘, except with respect 

7 to information required under paragraph 

8 (2) relating to orders issued under section 

9 702(f)(2)’’; and 

10 (C) in paragraph (3)(A), in the matter pre11 ceding clause (i), by striking ‘‘subsection 

12 (b)(2)(B)’’ and inserting ‘‘subsection (b)(2)(C)’’. 

13 SEC. 103. CONGRESSIONAL REVIEW AND OVERSIGHT OF 

14 ABOUTS COLLECTION. 

15 (a) IN GENERAL.—Section 702(b) (50 U.S.C. 

16 1881a(b)) is amended— 

17 (1) in paragraph (4), by striking ‘‘and’’ at the 

18 end; 

19 (2) by redesignating paragraph (5) as para20 graph (6); and 

21 (3) by inserting after paragraph (4) the fol22 lowing: 

23 ‘‘(5) may not intentionally acquire communica24 tions that contain a reference to, but are not to or 

25 from, a target of an acquisition authorized under sub-
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1 section (a), except as provided under section 103(b) of 

2 the FISA Amendments Reauthorization Act of 2017; 

3 and’’. 

4 (b) CONGRESSIONAL REVIEW AND OVERSIGHT OF

5 ABOUTS COLLECTION.— 

6 (1) DEFINITIONS.—In this subsection: 

7 (A) The term ‘‘abouts communication’’ 

8 means a communication that contains a ref9 erence to, but is not to or from, a target of an 

10 acquisition authorized under section 702(a) of 

11 the Foreign Intelligence Surveillance Act of 1978 

12 (50 U.S.C. 1881a(a)). 

13 (B) The term ‘‘material breach’’ means sig14 nificant noncompliance with applicable law or 

15 an order of the Foreign Intelligence Surveillance 

16 Court concerning any acquisition of abouts com17 munications. 

18 (2) SUBMISSION TO CONGRESS.— 

19 (A) REQUIREMENT.—Notwithstanding any 

20 other provision of law, and except as provided in 

21 paragraph (4), if the Attorney General and the 

22 Director of National Intelligence intend to im23 plement the authorization of the intentional ac24 quisition of abouts communications, before the 

25 first such implementation after the date of enact-
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1 ment of this Act, the Attorney General and the 

2 Director of National Intelligence shall submit to 

3 the Committee on the Judiciary and the Select 

4 Committee on Intelligence of the Senate and the 

5 Committee on the Judiciary and the Permanent 

6 Select Committee on Intelligence of the House of 

7 Representatives a written notice of the intent to 

8 implement the authorization of such an acquisi9 tion, and any supporting materials in accord10 ance with this subsection. 

11 (B) CONGRESSIONAL REVIEW PERIOD.— 

12 During the 30-day period beginning on the date 

13 written notice is submitted under subparagraph 

14 (A), the Committee on the Judiciary and the Se15 lect Committee on Intelligence of the Senate and 

16 the Committee on the Judiciary and the Perma17 nent Select Committee on Intelligence of the 

18 House of Representatives shall, as appropriate, 

19 hold hearings and briefings and otherwise obtain 

20 information in order to fully review the written 

21 notice. 

22 (C) LIMITATION ON ACTION DURING CON23 GRESSIONAL REVIEW PERIOD.—Notwithstanding 

24 any other provision of law, and subject to para25 graph (4), unless the Attorney General and the 
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1 Director of National Intelligence make a deter2 mination pursuant to section 702(c)(2) of the 

3 Foreign Intelligence Surveillance Act of 1978 (50 

4 U.S.C. 1881a(c)(2)), the Attorney General and 

5 the Director of National Intelligence may not 

6 implement the authorization of the intentional 

7 acquisition of abouts communications before the 

8 end of the period described in subparagraph (B). 

9 (3) WRITTEN NOTICE.—Written notice under 

10 paragraph (2)(A) shall include the following: 

11 (A) A copy of any certification submitted to 

12 the Foreign Intelligence Surveillance Court pur13 suant to section 702 of the Foreign Intelligence 

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

15 amendment thereto, authorizing the intentional 

16 acquisition of abouts communications, including 

17 all affidavits, procedures, exhibits, and attach18 ments submitted therewith. 

19 (B) The decision, order, or opinion of the 

20 Foreign Intelligence Surveillance Court approv21 ing such certification, and any pleadings, appli22 cations, or memoranda of law associated with 

23 such decision, order, or opinion. 

24 (C) A summary of the protections in place 

25 to detect any material breach. 
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1 (D) Data or other results of modeling, sim2 ulation, or auditing of sample data dem3 onstrating that any acquisition method involving 

4 the intentional acquisition of abouts communica5 tions shall be conducted in accordance with title 

6 VII of the Foreign Intelligence Surveillance Act 

7 of 1978 (50 U.S.C. 1881 et seq.), if such data or 

8 other results exist at the time the written notice 

9 is submitted and were provided to the Foreign 

10 Intelligence Surveillance Court. 

11 (E) Except as provided under paragraph 

12 (4), a statement that no acquisition authorized 

13 under subsection (a) of such section 702 shall in14 clude the intentional acquisition of an abouts 

15 communication until after the end of the 30-day 

16 period described in paragraph (2)(B). 

17 (4) EXCEPTION FOR EMERGENCY ACQUISITION.— 

18 (A) NOTICE OF DETERMINATION.—If the At19 torney General and the Director of National In20 telligence make a determination pursuant to sec21 tion 702(c)(2) of the Foreign Intelligence Sur22 veillance Act of 1978 (50 U.S.C. 1881a(c)(2)) 

23 with respect to the intentional acquisition of 

24 abouts communications, the Attorney General 

25 and the Director of National Intelligence shall 
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1 notify the Committee on the Judiciary and the 

2 Select Committee on Intelligence of the Senate 

3 and the Committee on the Judiciary and the 

4 Permanent Select Committee on Intelligence of 

5 the House of Representatives as soon as prac6 ticable, but not later than 7 days after the deter7 mination is made. 

8 (B) IMPLEMENTATION OR CONTINUATION.— 

9 (i) IN GENERAL.—If the Foreign Intel10 ligence Surveillance Court approves a cer11 tification that authorizes the intentional ac12 quisition of abouts communications before 

13 the end of the 30-day period described in 

14 paragraph (2)(B), the Attorney General and 

15 the Director of National Intelligence may 

16 authorize the immediate implementation or 

17 continuation of that certification if the At18 torney General and the Director of National 

19 Intelligence jointly determine that exigent 

20 circumstances exist such that without such 

21 immediate implementation or continuation 

22 intelligence important to the national secu23 rity of the United States may be lost or not 

24 timely acquired. 
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1 (ii) NOTICE.—The Attorney General 

2 and the Director of National Intelligence 

3 shall submit to the Committee on the Judi4 ciary and the Select Committee on Intel5 ligence of the Senate and the Committee on 

6 the Judiciary and the Permanent Select 

7 Committee on Intelligence of the House of 

8 Representatives notification of a determina9 tion pursuant to clause (i) as soon as prac10 ticable, but not later than 3 days after the 

11 determination is made. 

12 (5) REPORTING OF MATERIAL BREACH.—Sub13 section (m) of section 702 (50 U.S.C. 1881a), as re14 designated by section 101, is amended— 

15 (A) in the heading by striking ‘‘AND RE16 VIEWS’’ and inserting ‘‘REVIEWS, AND REPORT17 ING’’; and 

18 (B) by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) REPORTING OF MATERIAL BREACH.— 

21 ‘‘(A) IN GENERAL.—The head of each ele22 ment of the intelligence community involved in 

23 the acquisition of abouts communications shall 

24 fully and currently inform the Committees on 

25 the Judiciary of the House of Representatives 
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1 and the Senate and the congressional intelligence 

2 committees of a material breach. 

3 ‘‘(B) DEFINITIONS.—In this paragraph: 

4 ‘‘(i) The term ‘abouts communication’ 

5 means a communication that contains a 

6 reference to, but is not to or from, a target 

7 of an acquisition authorized under sub8 section (a). 

9 ‘‘(ii) The term ‘material breach’ means 

10 significant noncompliance with applicable 

11 law or an order of the Foreign Intelligence 

12 Surveillance Court concerning any acquisi13 tion of abouts communications.’’. 

14 (6) APPOINTMENT OF AMICI CURIAE BY FOREIGN

15 INTELLIGENCE SURVEILLANCE COURT.—For purposes 

16 of section 103(i)(2)(A) of the Foreign Intelligence 

17 Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)(A)), 

18 the Foreign Intelligence Surveillance Court shall treat 

19 the first certification under section 702(h) of such Act 

20 (50 U.S.C. 1881a(h)) or amendment thereto that au21 thorizes the acquisition of abouts communications as 

22 presenting a novel or significant interpretation of the 

23 law, unless the court determines otherwise. 
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1 SEC. 104. PUBLICATION OF MINIMIZATION PROCEDURES 

2 UNDER SECTION 702. 

3 Section 702(e) (50 U.S.C. 1881a(e)) is amended by 

4 adding at the end the following new paragraph: 

5 ‘‘(3) PUBLICATION.—The Director of National 

6 Intelligence, in consultation with the Attorney Gen7 eral, shall— 

8 ‘‘(A) conduct a declassification review of 

9 any minimization procedures adopted or amend10 ed in accordance with paragraph (1); and 

11 ‘‘(B) consistent with such review, and not 

12 later than 180 days after conducting such re13 view, make such minimization procedures pub14 licly available to the greatest extent practicable, 

15 which may be in redacted form.’’. 

16 SEC. 105. SECTION 705 EMERGENCY PROVISION. 

17 Section 705 (50 U.S.C. 1881d) is amended by adding 

18 at the end the following: 

19 ‘‘(c) EMERGENCY AUTHORIZATION.— 

20 ‘‘(1) CONCURRENT AUTHORIZATION.—If the At21 torney General authorized the emergency employment 

22 of electronic surveillance or a physical search pursu23 ant to section 105 or 304, the Attorney General may 

24 authorize, for the effective period of the emergency au25 thorization and subsequent order pursuant to section 

26 105 or 304, without a separate order under section 
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1 703 or 704, the targeting of a United States person 

2 subject to such emergency employment for the purpose 

3 of acquiring foreign intelligence information while 

4 such United States person is reasonably believed to be 

5 located outside the United States. 

6 ‘‘(2) USE OF INFORMATION.—If an application 

7 submitted to the Court pursuant to section 104 or 303 

8 is denied, or in any other case in which the acquisi9 tion pursuant to paragraph (1) is terminated and no 

10 order with respect to the target of the acquisition is 

11 issued under section 105 or 304, all information ob12 tained or evidence derived from such acquisition shall 

13 be handled in accordance with section 704(d)(4).’’. 

14 SEC. 106. COMPENSATION OF AMICI CURIAE AND TECH15 NICAL EXPERTS. 

16 Subsection (i) of section 103 (50 U.S.C. 1803) is 

17 amended by adding at the end the following: 

18 ‘‘(11) COMPENSATION.—Notwithstanding any 

19 other provision of law, a court established under sub20 section (a) or (b) may compensate an amicus curiae 

21 appointed under paragraph (2) for assistance pro22 vided under such paragraph as the court considers 

23 appropriate and at such rate as the court considers 

24 appropriate.’’. 
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1 SEC. 107. ADDITIONAL REPORTING REQUIREMENTS. 

2 (a) ELECTRONIC SURVEILLANCE.—Section 107 (50 

3 U.S.C. 1807) is amended to read as follows: 

4 ‘‘SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE. 

5 ‘‘(a) ANNUAL REPORT.—In April of each year, the At6 torney General shall transmit to the Administrative Office 

7 of the United States Courts and to the congressional intel8 ligence committees and the Committees on the Judiciary of 

9 the House of Representatives and the Senate a report setting 

10 forth with respect to the preceding calendar year— 

11 ‘‘(1) the total number of applications made for 

12 orders and extensions of orders approving electronic 

13 surveillance under this title; 

14 ‘‘(2) the total number of such orders and exten15 sions either granted, modified, or denied; and 

16 ‘‘(3) the total number of subjects targeted by elec17 tronic surveillance conducted under an order or emer18 gency authorization under this title, rounded to the 

19 nearest 500, including the number of such individuals 

20 who are United States persons, reported to the nearest 

21 band of 500, starting with 0–499. 

22 ‘‘(b) FORM.—Each report under subsection (a) shall 

23 be submitted in unclassified form, to the extent consistent 

24 with national security. Not later than 7 days after the date 

25 on which the Attorney General submits each such report, 

26 the Attorney General shall make the report publicly avail-
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1 able, or, if the Attorney General determines that the report 

2 cannot be made publicly available consistent with national 

3 security, the Attorney General may make publicly available 

4 an unclassified summary of the report or a redacted version 

5 of the report.’’. 

6 (b) PEN REGISTERS AND TRAP AND TRACE DE7 VICES.—Section 406 (50 U.S.C. 1846) is amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (4), by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (B) in paragraph (5), by striking the period 

12 at the end and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following new 

14 paragraph: 

15 ‘‘(6) a good faith estimate of the total number of 

16 subjects who were targeted by the installation and use 

17 of a pen register or trap and trace device under an 

18 order or emergency authorization issued under this 

19 title, rounded to the nearest 500, including— 

20 ‘‘(A) the number of such subjects who are 

21 United States persons, reported to the nearest 

22 band of 500, starting with 0–499; and 

23 ‘‘(B) of the number of United States persons 

24 described in subparagraph (A), the number of 

25 persons whose information acquired pursuant to 
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1 such order was reviewed or accessed by a Federal 

2 officer, employee, or agent, reported to the near3 est band of 500, starting with 0–499.’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(c) Each report under subsection (b) shall be sub7 mitted in unclassified form, to the extent consistent with 

8 national security. Not later than 7 days after the date on 

9 which the Attorney General submits such a report, the At10 torney General shall make the report publicly available, or, 

11 if the Attorney General determines that the report cannot 

12 be made publicly available consistent with national secu13 rity, the Attorney General may make publicly available an 

14 unclassified summary of the report or a redacted version 

15 of the report.’’. 

16 SEC. 108. IMPROVEMENTS TO PRIVACY AND CIVIL LIB17 ERTIES OVERSIGHT BOARD. 

18 (a) APPOINTMENT OF STAFF.—Subsection (j) of sec19 tion 1061 of the Intelligence Reform and Terrorism Preven20 tion Act of 2004 (42 U.S.C. 2000ee(j)) is amended— 

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

22 paragraphs (3) and (4), respectively; and 

23 (2) by inserting after paragraph (1) the fol24 lowing new paragraph: 
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1 ‘‘(2) APPOINTMENT IN ABSENCE OF CHAIRMAN.— 

2 If the position of chairman of the Board is vacant, 

3 during the period of the vacancy, the Board, at the 

4 direction of the unanimous vote of the serving mem5 bers of the Board, may exercise the authority of the 

6 chairman under paragraph (1).’’. 

7 (b) MEETINGS.—Subsection (f) of such section (42 

8 U.S.C. 2000ee(f)) is amended— 

9 (1) by striking ‘‘The Board shall’’ and inserting 

10 ‘‘The Board’’; 

11 (2) in paragraph (1) by striking ‘‘make its’’ and 

12 inserting ‘‘shall make its’’; and 

13 (3) in paragraph (2)— 

14 (A) by striking ‘‘hold public’’ and inserting 

15 ‘‘shall hold public’’; and 

16 (B) by inserting before the period at the end 

17 the following: ‘‘, but may, notwithstanding sec18 tion 552b of title 5, United States Code, meet or 

19 otherwise communicate in any number to confer 

20 or deliberate in a manner that is closed to the 

21 public’’. 

22 SEC. 109. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

23 Section 1062(a) of the Intelligence Reform and Ter24 rorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(a)) is 

25 amended by inserting ‘‘, the Director of the National Secu-
34 

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1 rity Agency, the Director of the Federal Bureau of Inves2 tigation’’ after ‘‘the Director of the Central Intelligence 

3 Agency’’. 

4 SEC. 110. WHISTLEBLOWER PROTECTIONS FOR CONTRAC5 TORS OF THE INTELLIGENCE COMMUNITY. 

6 (a) PROHIBITED PERSONNEL PRACTICES IN THE IN7 TELLIGENCE COMMUNITY.—Section 1104 of the National 

8 Security Act of 1947 (50 U.S.C. 3234) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (3), by inserting ‘‘or a 

11 contractor employee’’ after ‘‘character)’’; and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(4) CONTRACTOR EMPLOYEE.—The term ‘con15 tractor employee’ means an employee of a contractor, 

16 subcontractor, grantee, subgrantee, or personal serv17 ices contractor, of a covered intelligence community 

18 element.’’; 

19 (2) by redesignating subsections (c) and (d) as 

20 subsections (d) and (e), respectively; 

21 (3) by inserting after subsection (b) the following 

22 new subsection (c): 

23 ‘‘(c) CONTRACTOR EMPLOYEES.—(1) Any employee of 

24 a contractor, subcontractor, grantee, subgrantee, or personal 

25 services contractor, of a covered intelligence community ele-
35 

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1 ment who has authority to take, direct others to take, rec2 ommend, or approve any personnel action, shall not, with 

3 respect to such authority, take or fail to take a personnel 

4 action with respect to any contractor employee as a reprisal 

5 for a lawful disclosure of information by the contractor em6 ployee to the Director of National Intelligence (or an em7 ployee designated by the Director of National Intelligence 

8 for such purpose), the Inspector General of the Intelligence 

9 Community, the head of the contracting agency (or an em10 ployee designated by the head of that agency for such pur11 pose), the appropriate inspector general of the contracting 

12 agency, a congressional intelligence committee, or a member 

13 of a congressional intelligence committee, which the con14 tractor employee reasonably believes evidences— 

15 ‘‘(A) a violation of any Federal law, rule, or reg16 ulation (including with respect to evidence of another 

17 employee or contractor employee accessing or sharing 

18 classified information without authorization); or 

19 ‘‘(B) gross mismanagement, a gross waste of 

20 funds, an abuse of authority, or a substantial and 

21 specific danger to public health or safety. 

22 ‘‘(2) A personnel action under paragraph (1) is pro23 hibited even if the action is undertaken at the request of 

24 an agency official, unless the request takes the form of a 
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1 nondiscretionary directive and is within the authority of 

2 the agency official making the request.’’; 

3 (4) in subsection (b), by striking the heading and 

4 inserting ‘‘AGENCY EMPLOYEES.—’’; and 

5 (5) in subsection (e), as redesignated by para6 graph (2), by inserting ‘‘contractor employee,’’ after 

7 ‘‘any employee,’’. 

8 (b) FEDERAL BUREAU OF INVESTIGATION.— 

9 (1) IN GENERAL.—Any employee of a contractor, 

10 subcontractor, grantee, subgrantee, or personal serv11 ices contractor, of the Federal Bureau of Investigation 

12 who has authority to take, direct others to take, rec13 ommend, or approve any personnel action, shall not, 

14 with respect to such authority, take or fail to take a 

15 personnel action with respect to a contractor employee 

16 as a reprisal for a disclosure of information— 

17 (A) made— 

18 (i) to a supervisor in the direct chain 

19 of command of the contractor employee; 

20 (ii) to the Inspector General; 

21 (iii) to the Office of Professional Re22 sponsibility of the Department of Justice; 

23 (iv) to the Office of Professional Re24 sponsibility of the Federal Bureau of Inves25 tigation; 
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1 (v) to the Inspection Division of the 

2 Federal Bureau of Investigation; 

3 (vi) to the Office of Special Counsel; or 

4 (vii) to an employee designated by any 

5 officer, employee, office, or division de6 scribed in clauses (i) through (vii) for the 

7 purpose of receiving such disclosures; and 

8 (B) which the contractor employee reason9 ably believes evidences— 

10 (i) any violation of any law, rule, or 

11 regulation (including with respect to evi12 dence of another employee or contractor em13 ployee accessing or sharing classified infor14 mation without authorization); or 

15 (ii) gross mismanagement, a gross 

16 waste of funds, an abuse of authority, or a 

17 substantial and specific danger to public 

18 health or safety. 

19 (2) ACTIONS BY REQUEST.—A personnel action 

20 under paragraph (1) is prohibited even if the action 

21 is undertaken at the request of an official of the Fed22 eral Bureau of Investigation, unless the request takes 

23 the form of a nondiscretionary directive and is within 

24 the authority of the official making the request. 
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1 (3) REGULATIONS.—The Attorney General shall 

2 prescribe regulations to ensure that a personnel action 

3 described in paragraph (1) shall not be taken against 

4 a contractor employee of the Federal Bureau of Inves5 tigation as a reprisal for any disclosure of informa6 tion described in subparagraph (A) of such para7 graph. 

8 (4) ENFORCEMENT.—The President shall provide 

9 for the enforcement of this subsection. 

10 (5) DEFINITIONS.—In this subsection: 

11 (A) The term ‘‘contractor employee’’ means 

12 an employee of a contractor, subcontractor, 

13 grantee, subgrantee, or personal services con14 tractor, of the Federal Bureau of Investigation. 

15 (B) The term ‘‘personnel action’’ means any 

16 action described in clauses (i) through (x) of sec17 tion 2302(a)(2)(A) of title 5, United States Code, 

18 with respect to a contractor employee. 

19 (c) RETALIATORY REVOCATION OF SECURITY CLEAR20 ANCES AND ACCESS DETERMINATIONS.—Section 3001(j) of 

21 the Intelligence Reform and Terrorism Prevention Act of 

22 2004 (50 U.S.C. 3341(j)) is amended by adding at the end 

23 the following new paragraph: 

24 ‘‘(8) INCLUSION OF CONTRACTOR EMPLOYEES.— 

25 In this subsection, the term ‘employee’ includes an 
39 

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1 employee of a contractor, subcontractor, grantee, sub2 grantee, or personal services contractor, of an agency. 

3 With respect to such employees, the term ‘employing 

4 agency’ shall be deemed to be the contracting agen5 cy.’’. 

6 SEC. 111. BRIEFING ON NOTIFICATION REQUIREMENTS. 

7 Not later than 180 days after the date of the enactment 

8 of this Act, the Attorney General, in consultation with the 

9 Director of National Intelligence, shall provide to the Com10 mittee on the Judiciary and the Permanent Select Com11 mittee on Intelligence of the House of Representatives and 

12 the Committee on the Judiciary and the Select Committee 

13 on Intelligence of the Senate a briefing with respect to how 

14 the Department of Justice interprets the requirements under 

15 sections 106(c), 305(d), and 405(c) of the Foreign Intel16 ligence Surveillance Act of 1978 (50 U.S.C. 1806(c), 

17 1825(d), and 1845(c)) to notify an aggrieved person under 

18 such sections of the use of information obtained or derived 

19 from electronic surveillance, physical search, or the use of 

20 a pen register or trap and trace device. The briefing shall 

21 focus on how the Department interprets the phrase ‘‘ob22 tained or derived from’’ in such sections. 
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1 SEC. 112. INSPECTOR GENERAL REPORT ON QUERIES CON2 DUCTED BY FEDERAL BUREAU OF INVESTIGA3 TION. 

4 (a) REPORT.—Not later than 1 year after the date on 

5 which the Foreign Intelligence Surveillance Court first ap6 proves the querying procedures adopted pursuant to section 

7 702(f) of the Foreign Intelligence Surveillance Act of 1978 

8 (50 U.S.C. 1881a(f)), as added by section 101, the Inspector 

9 General of the Department of Justice shall submit to the 

10 Committee on the Judiciary and the Select Committee on 

11 Intelligence of the Senate and the Committee on the Judici12 ary and the Permanent Select Committee on Intelligence 

13 of the House of Representatives a report containing a re14 view by the Inspector General of the interpretation of, and 

15 compliance with, such procedures by the Federal Bureau 

16 of Investigation. 

17 (b) MATTERS INCLUDED.—The report under subsection 

18 (a) shall include, at a minimum, an assessment of the fol19 lowing: 

20 (1) The interpretations by the Federal Bureau of 

21 Investigation and the National Security Division of 

22 the Department of Justice, respectively, relating to the 

23 querying procedures adopted under subsection (f) of 

24 section 702 of the Foreign Intelligence Surveillance 

25 Act of 1978 (50 U.S.C. 1881a(f)), as added by section 

26 101. 
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1 (2) The handling by the Federal Bureau of In2 vestigation of individuals whose citizenship status is 

3 unknown at the time of a query conducted under such 

4 section 702. 

5 (3) The practice of the Federal Bureau of Inves6 tigation with respect to retaining records of queries 

7 conducted under such section 702 for auditing pur8 poses. 

9 (4) The training or other processes of the Federal 

10 Bureau of Investigation to ensure compliance with 

11 such querying procedures. 

12 (5) The implementation of such querying proce13 dures with respect to queries conducted when evalu14 ating whether to open an assessment or predicated in15 vestigation relating to the national security of the 

16 United States. 

17 (6) The scope of access by the criminal division 

18 of the Federal Bureau of Investigation to information 

19 obtained pursuant to the Foreign Intelligence Surveil20 lance Act of 1978 (50 U.S.C. 1801 et seq.), including 

21 with respect to information acquired under subsection 

22 (a) of such section 702 based on queries conducted by 

23 the criminal division. 

24 (7) The frequency and nature of the reviews con25 ducted by the National Security Division of the De-
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1 partment of Justice and the Office of the Director of 

2 National Intelligence relating to the compliance by 

3 the Federal Bureau of Investigation with such 

4 querying procedures. 

5 (8) Any impediments, including operational, 

6 technical, or policy impediments, for the Federal Bu7 reau of Investigation to count— 

8 (A) the total number of queries where the 

9 Federal Bureau of Investigation subsequently 

10 accessed information acquired under subsection 

11 (a) of such section 702; 

12 (B) the total number of such queries that 

13 used known United States person identifiers; and 

14 (C) the total number of queries for which 

15 the Federal Bureau of Investigation received an 

16 order of the Foreign Intelligence Surveillance 

17 Court pursuant to subsection (f)(2) of such sec18 tion 702. 

19 (c) FORM.—The report under subsection (a) shall be 

20 submitted in unclassified form to the extent consistent with 

21 national security, but may include a classified annex. 
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1 TITLE II—EXTENSION OF AU2 THORITIES, INCREASED PEN3 ALTIES, REPORTS, AND 

4 OTHER MATTERS 

5 SEC. 201. EXTENSION OF TITLE VII OF FISA; EFFECTIVE 

6 DATES. 

7 (a) EXTENSION.—Section 403(b) of the FISA Amend8 ments Act of 2008 (Public Law 110–261; 122 Stat. 2474) 

9 is amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘December 31, 2017’’ and 

12 inserting ‘‘December 31, 2023’’; and 

13 (B) by inserting ‘‘and by the FISA Amend14 ments Reauthorization Act of 2017’’ after ‘‘sec15 tion 101(a)’’; and 

16 (2) in paragraph (2) in the matter preceding 

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

18 and inserting ‘‘December 31, 2023’’. 

19 (b) CONFORMING AMENDMENTS.—Section 404(b) of the 

20 FISA Amendments Act of 2008 (Public Law 110–261; 122 

21 Stat. 2476), as amended by section 101, is further amend22 ed— 

23 (1) in paragraph (1)— 
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1 (A) in the heading, by striking ‘‘DECEMBER

2 31, 2017’’ and inserting ‘‘DECEMBER 31, 2023’’; 

3 and 

4 (B) by inserting ‘‘and by the FISA Amend5 ments Reauthorization Act of 2017’’ after ‘‘sec6 tion 101(a)’’; 

7 (2) in paragraph (2), by inserting ‘‘and by the 

8 FISA Amendments Reauthorization Act of 2017’’ 

9 after ‘‘section 101(a)’’; and 

10 (3) in paragraph (4)— 

11 (A) by inserting ‘‘and amended by the 

12 FISA Amendments Reauthorization Act of 2017’’ 

13 after ‘‘as added by section 101(a)’’ both places it 

14 appears; and 

15 (B) by inserting ‘‘and by the FISA Amend16 ments Reauthorization Act of 2017’’ after ‘‘as 

17 amended by section 101(a)’’ both places it ap18 pears. 

19 (c) EFFECTIVE DATE OF AMENDMENTS TO FAA.—The 

20 amendments made to the FISA Amendments Act of 2008 

21 (Public Law 110–261) by this section shall take effect on 

22 December 31, 2017. 
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1 SEC. 202. INCREASED PENALTY FOR UNAUTHORIZED RE2 MOVAL AND RETENTION OF CLASSIFIED DOC3 UMENTS OR MATERIAL. 

4 Section 1924(a) of title 18, United States Code, is 

5 amended by striking ‘‘one year’’ and inserting ‘‘five years’’. 

6 SEC. 203. REPORT ON CHALLENGES TO THE EFFECTIVE7 NESS OF FOREIGN INTELLIGENCE SURVEIL8 LANCE. 

9 (a) REPORT.—Not later than 270 days after the date 

10 of the enactment of this Act, the Attorney General, in co11 ordination with the Director of National Intelligence, shall 

12 submit to the Committee on the Judiciary and the Perma13 nent Select Committee on Intelligence of the House of Rep14 resentatives and the Committee on the Judiciary and the 

15 Select Committee on Intelligence of the Senate a report on 

16 current and future challenges to the effectiveness of the for17 eign intelligence surveillance activities of the United States 

18 authorized under the Foreign Intelligence Surveillance Act 

19 of 1978 (50 U.S.C. 1801 et seq.). 

20 (b) MATTERS INCLUDED.—The report under subsection 

21 (a) shall include, at a minimum, the following: 

22 (1) A discussion of any trends that currently 

23 challenge the effectiveness of the foreign intelligence 

24 surveillance activities of the United States, or could 

25 foreseeably challenge such activities during the decade 
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1 following the date of the report, including with respect 

2 to— 

3 (A) the extraordinary and surging volume 

4 of data occurring worldwide; 

5 (B) the use of encryption; 

6 (C) changes to worldwide telecommuni7 cations patterns or infrastructure; 

8 (D) technical obstacles in determining the 

9 location of data or persons; 

10 (E) the increasing complexity of the legal 

11 regime, including regarding requests for data in 

12 the custody of foreign governments; 

13 (F) the current and future ability of the 

14 United States to obtain, on a compulsory or vol15 untary basis, assistance from telecommuni16 cations providers or other entities; and 

17 (G) any other matters the Attorney General 

18 and the Director of National Intelligence deter19 mine appropriate. 

20 (2) Recommendations for changes, including, as 

21 appropriate, fundamental changes, to the foreign in22 telligence surveillance activities of the United States 

23 to address the challenges identified under paragraph 

24 (1) and to ensure the long-term effectiveness of such 

25 activities. 
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1 (3) Recommendations for any changes to the 

2 Foreign Intelligence Surveillance Act of 1978 (50 

3 U.S.C. 1801 et seq.) that the Attorney General and 

4 the Director of National Intelligence determine nec5 essary to address the challenges identified under para6 graph (1). 

7 (c) FORM.—The report under subsection (a) may be 

8 submitted in classified or unclassified form. 

9 SEC. 204. COMPTROLLER GENERAL STUDY ON THE CLASSI10 FICATION SYSTEM AND PROTECTION OF 

11 CLASSIFIED INFORMATION. 

12 (a) STUDY.—The Comptroller General of the United 

13 States shall conduct a study of the classification system of 

14 the United States and the methods by which the intelligence 

15 community (as defined in section 3(4) of the National Secu16 rity Act of 1947 (50 U.S.C. 3003(4))) protects classified in17 formation. 

18 (b) MATTERS INCLUDED.—The study under subsection 

19 (a) shall address the following: 

20 (1) Whether sensitive information is properly 

21 classified. 

22 (2) The effect of modern technology on the stor23 age and protection of classified information, includ24 ing with respect to— 
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1 (A) using cloud storage for classified infor2 mation; and 

3 (B) any technological means to prevent or 

4 detect unauthorized access to such information. 

5 (3) Any ways to improve the classification sys6 tem of the United States, including with respect to 

7 changing the levels of classification used in such sys8 tem and to reduce overclassification. 

9 (4) How to improve the authorized sharing of 

10 classified information, including with respect to sen11 sitive compartmented information. 

12 (5) The value of polygraph tests in determining 

13 who is authorized to access classified information and 

14 in investigating unauthorized disclosures of classified 

15 information. 

16 (6) Whether each element of the intelligence com17 munity— 

18 (A) applies uniform standards in deter19 mining who is authorized to access classified in20 formation; and 

21 (B) provides proper training with respect to 

22 the handling of classified information and the 

23 avoidance of overclassification. 

24 (c) REPORT.—Not later than 180 days after the date 

25 of the enactment of this Act, the Comptroller General shall 
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1 submit to the Committee on the Judiciary and the Perma2 nent Select Committee on Intelligence of the House of Rep3 resentatives and the Committee on the Judiciary and the 

4 Select Committee on Intelligence of the Senate a report con5 taining the study under subsection (a). 

6 (d) FORM.—The report under subsection (c) shall be 

7 submitted in unclassified form, but may include a classified 

8 annex. 

9 SEC. 205. TECHNICAL AMENDMENTS AND AMENDMENTS TO 

10 IMPROVE PROCEDURES OF THE FOREIGN IN11 TELLIGENCE SURVEILLANCE COURT OF RE12 VIEW. 

13 (a) TECHNICAL AMENDMENTS.—The Foreign Intel14 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 

15 is amended as follows: 

16 (1) In section 103(b) (50 U.S.C. 1803(b)), by 

17 striking ‘‘designate as the’’ and inserting ‘‘designated 

18 as the’’. 

19 (2) In section 302(a)(1)(A)(iii) (50 U.S.C. 

20 1822(a)(1)(A)(iii)), by striking ‘‘paragraphs (1) 

21 through (4)’’ and inserting ‘‘subparagraphs (A) 

22 through (D)’’. 

23 (3) In section 406(b) (50 U.S.C. 1846(b)), by 

24 striking ‘‘and to the Committees on the Judiciary of 

25 the House of Representatives and the Senate’’. 
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1 (4) In section 604(a) (50 U.S.C. 1874(a))— 

2 (A) in paragraph (1)(D), by striking ‘‘con3 tents’’ and inserting ‘‘contents,’’; and 

4 (B) in paragraph (3), by striking ‘‘comply 

5 in the into’’ and inserting ‘‘comply into’’. 

6 (5) In section 701 (50 U.S.C. 1881)— 

7 (A) in subsection (a), by striking ‘‘The 

8 terms’’ and inserting ‘‘In this title, the terms’’; 

9 and 

10 (B) in subsection (b)— 

11 (i) by inserting ‘‘In this title:’’ after 

12 the subsection heading; and 

13 (ii) in paragraph (5), by striking ‘‘(50 

14 U.S.C. 401a(4))’’ and inserting ‘‘(50 U.S.C. 

15 3003(4))’’. 

16 (6) In section 702(h)(2)(A)(i) (50 U.S.C. 

17 1881a(h)(2)(A)(i)), as redesignated by section 101, by 

18 inserting ‘‘targeting’’ before ‘‘procedures in place’’. 

19 (7) In section 801(7) (50 U.S.C. 1885(7)), by 

20 striking ‘‘(50 U.S.C. 401a(4))’’ and inserting ‘‘(50 

21 U.S.C. 3003(4))’’. 

22 (b) COURT-RELATED AMENDMENTS.—The Foreign In23 telligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 

24 is further amended as follows: 

25 (1) In section 103 (50 U.S.C. 1803)— 
51 

•S 139 EAH 

1 (A) in subsection (b), by striking ‘‘imme2 diately’’; and 

3 (B) in subsection (h), by striking ‘‘the court 

4 established under subsection (a)’’ and inserting 

5 ‘‘a court established under this section’’. 

6 (2) In section 105(d) (50 U.S.C. 1805(d)), by 

7 adding at the end the following new paragraph: 

8 ‘‘(4) A denial of the application made under section 

9 104 may be reviewed as provided in section 103.’’. 

10 (3) In section 302(d) (50 U.S.C. 1822(d)), by 

11 striking ‘‘immediately’’. 

12 (4) In section 402(d) (50 U.S.C. 1842(d)), by 

13 adding at the end the following new paragraph: 

14 ‘‘(3) A denial of the application made under this sub15 section may be reviewed as provided in section 103.’’. 

16 (5) In section 403(c) (50 U.S.C. 1843(c)), by 

17 adding at the end the following new paragraph: 

18 ‘‘(3) A denial of the application made under subsection 

19 (a)(2) may be reviewed as provided in section 103.’’. 

20 (6) In section 501(c) (50 U.S.C. 1861(c)), by 

21 adding at the end the following new paragraph: 

22 ‘‘(4) A denial of the application made under this 

23 subsection may be reviewed as provided in section 

24 103.’’. 
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•S 139 EAH 

1 SEC. 206. SEVERABILITY. 

2 If any provision of this Act, any amendment made by 

3 this Act, or the application thereof to any person or cir4 cumstances is held invalid, the validity of the remainder 

5 of the Act, of any such amendments, and of the application 

6 of such provisions to other persons and circumstances shall 

7 not be affected thereby. 

Attest: 

Clerk. 

115TH CONGRESS 

2D SESSION S. 139 

AMENDMENT