PUBLIC LAW 115–118—JAN. 19, 2018 132 STAT. 3 

Public Law 115–118 

115th Congress 

An Act 

To amend the Foreign Intelligence Surveillance Act of 1978 to improve foreign 

intelligence collection and the safeguards, accountability, and oversight of acquisitions of foreign intelligence, to extend title VII of such Act, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘FISA Amendments Reauthorization Act of 2017’’. 

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

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. 

SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. 

Except as otherwise expressly provided, whenever in this Act 

an amendment or repeal is expressed in terms of an amendment 

to, or a repeal of, a section or other provision, the reference shall 

be considered to be made to a section or other provision of the 

FISA 

Amendments 

Reauthorization 

Act of 2017. 

50 USC 1801 

note. 

Jan. 19, 2018 

[S. 139] 


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132 STAT. 4 PUBLIC LAW 115–118—JAN. 19, 2018 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

seq.). 

TITLE I—ENHANCEMENTS TO FOREIGN 

INTELLIGENCE COLLECTION AND 

SAFEGUARDS, ACCOUNTABILITY, AND 

OVERSIGHT 

SEC. 101. QUERYING PROCEDURES REQUIRED. 

(a) QUERYING PROCEDURES.— (1) IN GENERAL.—Section 702 (50 U.S.C. 1881a) is 

amended— 

(A) by redesignating subsections (f) through (l) as subsections (g) through (m), respectively; and 

(B) by inserting after subsection (e) the following new 

subsection: 

‘‘(f) QUERIES.— 

‘‘(1) PROCEDURES REQUIRED.— 

‘‘(A) REQUIREMENT TO ADOPT.—The Attorney General, 

in consultation with the Director of National Intelligence, 

shall adopt querying procedures consistent with the 

requirements of the fourth amendment to the Constitution 

of the United States for information collected pursuant 

to an authorization under subsection (a). 

‘‘(B) RECORD OF UNITED STATES PERSON QUERY

TERMS.—The Attorney General, in consultation with the 

Director of National Intelligence, shall ensure that the 

procedures adopted under subparagraph (A) include a technical procedure whereby a record is kept of each United 

States person query term used for a query. 

‘‘(C) JUDICIAL REVIEW.—The procedures adopted in 

accordance with subparagraph (A) shall be subject to 

judicial review pursuant to subsection (j). 

‘‘(2) ACCESS TO RESULTS OF CERTAIN QUERIES CONDUCTED

BY FBI.— 

‘‘(A) COURT ORDER REQUIRED FOR FBI REVIEW OF CERTAIN QUERY RESULTS IN CRIMINAL INVESTIGATIONS UNRELATED TO NATIONAL SECURITY.—Except as provided by 

subparagraph (E), in connection with a predicated criminal 

investigation opened by the Federal Bureau of Investigation 

that does not relate to the national security of the United 

States, the Federal Bureau of Investigation may not access 

the contents of communications acquired under subsection 

(a) that were retrieved pursuant to a query made using 

a United States person query term that was not designed 

to find and extract foreign intelligence information unless— 

‘‘(i) the Federal Bureau of Investigation applies 

for an order of the Court under subparagraph (C); 

and 

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

(D) approving such application. 

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

to review an application and to enter an order approving 

the access described in subparagraph (A). 

Consultations. 


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‘‘(C) APPLICATION.—Each application for an order under 

this paragraph shall be made by a Federal officer in writing 

upon oath or affirmation to a judge having jurisdiction 

under subparagraph (B). Each application shall require 

the approval of the Attorney General based upon the 

finding of the Attorney General that the application satisfies the criteria and requirements of such application, as 

set forth in this paragraph, and shall include— 

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

application; and 

‘‘(ii) an affidavit or other information containing 

a statement of the facts and circumstances relied upon 

by the applicant to justify the belief of the applicant 

that the contents of communications described in 

subparagraph (A) covered by the application would 

provide evidence of— 

‘‘(I) criminal activity; 

‘‘(II) contraband, fruits of a crime, or other 

items illegally possessed by a third party; or 

‘‘(III) property designed for use, intended for 

use, or used in committing a crime. 

‘‘(D) ORDER.—Upon an application made pursuant to 

subparagraph (C), the Court shall enter an order approving 

the accessing of the contents of communications described 

in subparagraph (A) covered by the application if the Court 

finds probable cause to believe that such contents would 

provide any of the evidence described in subparagraph 

(C)(ii). 

‘‘(E) EXCEPTION.—The requirement for an order of the 

Court under subparagraph (A) to access the contents of 

communications described in such subparagraph shall not 

apply with respect to a query if the Federal Bureau of 

Investigation determines there is a reasonable belief that 

such contents could assist in mitigating or eliminating 

a threat to life or serious bodily harm. 

‘‘(F) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed as— 

‘‘(i) limiting the authority of the Federal Bureau 

of Investigation to conduct lawful queries of information acquired under subsection (a); 

‘‘(ii) limiting the authority of the Federal Bureau 

of Investigation to review, without a court order, the 

results of any query of information acquired under 

subsection (a) that was reasonably designed to find 

and extract foreign intelligence information, regardless 

of whether such foreign intelligence information could 

also be considered evidence of a crime; or 

‘‘(iii) prohibiting or otherwise limiting the ability 

of the Federal Bureau of Investigation to access the 

results of queries conducted when evaluating whether 

to open an assessment or predicated investigation 

relating to the national security of the United States. 

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

‘‘(A) The term ‘contents’ has the meaning given that 

term in section 2510(8) of title 18, United States Code. 

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

terms to retrieve the unminimized contents or noncontents 

Courts. 


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132 STAT. 6 PUBLIC LAW 115–118—JAN. 19, 2018 

located in electronic and data storage systems of communications of or concerning United States persons obtained 

through acquisitions authorized under subsection (a).’’. 

(2) APPLICATION.—Subsection (f) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), 

as added by paragraph (1), shall apply with respect to certifications submitted under subsection (h) of such section to the 

Foreign Intelligence Surveillance Court after January 1, 2018. 

(b) CONFORMING AMENDMENTS.— (1) AMENDMENTS TO SECTION 702 OF FISA.—Such section 

702 is further amended— 

(A) in subsection (a), by striking ‘‘with subsection (i)(3)’’ 

and inserting ‘‘with subsection (j)(3)’’; 

(B) in subsection (c)— 

(i) in paragraph (1)(B), by striking ‘‘with subsection 

(g)’’ and inserting ‘‘with subsection (h)’’; 

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

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

(iii) in paragraph (3)— 

(I) in subparagraph (A), by striking ‘‘with subsection (g)’’ and inserting ‘‘with subsection (h)’’; 

and 

(II) in subparagraph (B)— 

(aa) by striking ‘‘to subsection (i)(1)(C)’’ 

and inserting ‘‘to subsection (j)(1)(C)’’; and 

(bb) by striking ‘‘under subsection (i)’’ and 

inserting ‘‘under subsection (j)’’; 

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

and inserting ‘‘to subsection (j)’’; 

(D) in subsection (e)(2), by striking ‘‘to subsection (i)’’ 

and inserting ‘‘to subsection (j)’’; 

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

(a)(1)— 

(i) in paragraph (2)(A)(iii), by striking ‘‘with subsection (f)’’ and inserting ‘‘with subsection (g)’’; 

(ii) in paragraph (3), by striking ‘‘with subsection 

(i)(1)(C)’’ and inserting ‘‘with subsection (j)(1)(C)’’; and 

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

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

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

(a)(1)— 

(i) in paragraph (1)— 

(I) in subparagraph (A), by striking ‘‘targeting 

and minimization procedures adopted in accordance with subsections (d) and (e)’’ and inserting 

‘‘targeting, minimization, and querying procedures 

adopted in accordance with subsections (d), (e), 

and (f)(1)’’; 

(II) in subparagraph (B), by striking ‘‘targeting 

and minimization procedures adopted in accordance with subsections (d) and (e)’’ and inserting 

‘‘targeting, minimization, and querying procedures 

adopted in accordance with subsections (d), (e), 

and (f)(1)’’; and 

(III) in subparagraph (C), by striking ‘‘targeting and minimization procedures adopted in 

accordance with subsections (d) and (e)’’ and 

Certifications. 


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inserting ‘‘targeting, minimization, and querying 

procedures adopted in accordance with subsections 

(d), (e), and (f)(1)’’; 

(ii) in paragraph (2)— 

(I) in subparagraph (A), by striking ‘‘with subsection (g)’’ and inserting ‘‘with subsection (h)’’; 

and 

(II) by adding at the end the following: 

‘‘(D) QUERYING PROCEDURES.—The querying procedures 

adopted in accordance with subsection (f)(1) to assess 

whether such procedures comply with the requirements 

of such subsection.’’; 

(iii) in paragraph (3)— 

(I) in subparagraph (A)— 

(aa) by striking ‘‘with subsection (g)’’ and 

inserting ‘‘with subsection (h)’’; and 

(bb) by striking ‘‘targeting and minimization procedures adopted in accordance with 

subsections (d) and (e)’’ and inserting ‘‘targeting, minimization, and querying procedures 

adopted in accordance with subsections (d), 

(e), and (f)(1)’’; and 

(II) in subparagraph (B), in the matter before 

clause (i)— 

(aa) by striking ‘‘with subsection (g)’’ and 

inserting ‘‘with subsection (h)’’; and 

(bb) by striking ‘‘with subsections (d) and 

(e)’’ and inserting ‘‘with subsections (d), (e), 

and (f)(1)’’; and 

(iv) in paragraph (5)(A)— 

(I) by striking ‘‘with subsection (g)’’ and 

inserting ‘‘with subsection (h)’’; and 

(II) by striking ‘‘with subsections (d) and (e)’’ 

and inserting ‘‘with subsections (d), (e), and (f)(1)’’; 

and 

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

(a)(1)— 

(i) in paragraph (1), in the matter before subparagraph (A)— 

(I) by striking ‘‘targeting and minimization 

procedures adopted in accordance with subsections 

(d) and (e)’’ and inserting ‘‘targeting, minimization, 

and querying procedures adopted in accordance 

with subsections (d), (e), and (f)(1)’’; and 

(II) by striking ‘‘with subsection (f)’’ and 

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

(ii) in paragraph (2)(A)— 

(I) by striking ‘‘targeting and minimization 

procedures adopted in accordance with subsections 

(d) and (e)’’ and inserting ‘‘targeting, minimization, 

and querying procedures adopted in accordance 

with subsections (d), (e), and (f)(1)’’; and 

(II) by striking ‘‘with subsection (f)’’ and 

inserting ‘‘with subsection (g)’’. 

(2) AMENDMENTS TO FISA.—The Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further 

amended— 


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132 STAT. 8 PUBLIC LAW 115–118—JAN. 19, 2018 

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

and inserting ‘‘section 702(i)’’; 

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

and inserting ‘‘section 702(h)’’; and 

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

(d), (e), and (f)’’ and inserting ‘‘subsections (d), (e), (f)(1), 

and (g)’’. 

(3) AMENDMENTS TO FISA AMENDMENTS ACT OF 2008.—Section 404 of the Foreign Intelligence Surveillance Act of 1978 

Amendments Act of 2008 (Public Law 110–261; 50 U.S.C. 1801 

note) is amended— 

(A) in subsection (a)(7)(B)— 

(i) by striking ‘‘under section 702(i)(3)’’ and 

inserting ‘‘under section 702(j)(3)’’; and 

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

‘‘of section 702(j)(4)’’; 

(B) in subsection (b)— 

(i) in paragraph (3)— 

(I) in subparagraph (A), by striking ‘‘to section 

702(h)’’ and inserting ‘‘to section 702(i)’’; and 

(II) in subparagraph (B)— 

(aa) by striking ‘‘section 702(h)(3) of’’ and 

inserting ‘‘section 702(i)(3) of’’; and 

(bb) by striking ‘‘to section 702(h)’’ and 

inserting ‘‘to section 702(i)’’; and 

(ii) in paragraph (4)— 

(I) in subparagraph (A), by striking ‘‘and sections 702(l)’’ and inserting ‘‘and sections 702(m)’’; 

and 

(II) in subparagraph (B)(iv), by striking ‘‘or 

section 702(l)’’ and inserting ‘‘or section 702(m)’’. 

SEC. 102. USE AND DISCLOSURE PROVISIONS. 

(a) END USE RESTRICTION.—Section 706(a) (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) UNITED STATES PERSONS.— 

‘‘(A) IN GENERAL.—Any information concerning a 

United States person acquired under section 702 shall not 

be used in evidence against that United States person 

pursuant to paragraph (1) in any criminal proceeding 

unless— 

‘‘(i) the Federal Bureau of Investigation obtained 

an order of the Foreign Intelligence Surveillance Court 

to access such information pursuant to section 702(f)(2); 

or 

‘‘(ii) the Attorney General determines that— 

‘‘(I) the criminal proceeding affects, involves, 

or is related to the national security of the United 

States; or 

‘‘(II) the criminal proceeding involves— 

‘‘(aa) death; 

‘‘(bb) kidnapping; 

Determination. 


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‘‘(cc) serious bodily injury, as defined in 

section 1365 of title 18, United States Code; 

‘‘(dd) conduct that constitutes a criminal 

offense that is a specified offense against a 

minor, as defined in section 111 of the Adam 

Walsh Child Protection and Safety Act of 2006 

(34 U.S.C. 20911); 

‘‘(ee) incapacitation or destruction of critical infrastructure, as defined in section 

1016(e) of the USA PATRIOT Act (42 U.S.C. 

5195c(e)); 

‘‘(ff) cybersecurity, including conduct 

described in section 1016(e) of the USA 

PATRIOT Act (42 U.S.C. 5195c(e)) or section 

1029, 1030, or 2511 of title 18, United States 

Code; 

‘‘(gg) transnational crime, including 

transnational narcotics trafficking and 

transnational organized crime; or 

‘‘(hh) human trafficking. 

‘‘(B) NO JUDICIAL REVIEW.—A determination by the 

Attorney General under subparagraph (A)(ii) is not subject 

to judicial review.’’. 

(b) INTELLIGENCE COMMUNITY DISCLOSURE PROVISION.—Section 

603 (50 U.S.C. 1873) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘good faith estimate 

of the number of targets of such orders;’’ and inserting 

the following: ‘‘good faith estimate of— 

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

‘‘(B) the number of targets of such orders who are 

known to not be United States persons; and 

‘‘(C) the number of targets of such orders who are 

known to be United States persons;’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘, including pursuant to subsection (f)(2) of 

such section,’’ after ‘‘section 702’’; 

(ii) by redesignating subparagraphs (A) and (B) 

as subparagraphs (B) and (C), respectively; 

(iii) by inserting before subparagraph (B), as so 

redesignated, the following: 

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

(iv) in subparagraph (B), as so redesignated, by 

striking ‘‘and’’ at the end; and 

(v) by adding at the end the following: 

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

Bureau of Investigation opened, under the Criminal Investigative Division or any successor division, an investigation 

of a United States person (who is not considered a threat 

to national security) based wholly or in part on an acquisition authorized under such section;’’; 

(C) in paragraph (3)(A), by striking ‘‘orders; and’’ and 

inserting the following: ‘‘orders, including— 

‘‘(i) the number of targets of such orders who are 

known to not be United States persons; and 


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132 STAT. 10 PUBLIC LAW 115–118—JAN. 19, 2018 

‘‘(ii) the number of targets of such orders who 

are known to be United States persons; and’’; 

(D) by redesignating paragraphs (4), (5), and (6) as 

paragraphs (5), (6), and (7), respectively; and 

(E) by inserting after paragraph (3) the following: 

‘‘(4) the number of criminal proceedings in which the United 

States or a State or political subdivision thereof provided notice 

pursuant to subsection (c) or (d) of section 106 (including with 

respect to information acquired from an acquisition conducted 

under section 702) or subsection (d) or (e) of section 305 of 

the intent of the government to enter into evidence or otherwise 

use or disclose any information obtained or derived from electronic surveillance, physical search, or an acquisition conducted 

pursuant to this Act;’’; and 

(2) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘(4), or (5)’’ and 

inserting ‘‘(5), or (6)’’; 

(B) in paragraph (2)(A)— 

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

(5)(C)’’ and inserting ‘‘Paragraphs (2)(B), (2)(C), and 

(6)(C)’’; and 

(ii) by inserting before the period at the end the 

following: ‘‘, except with respect to information required 

under paragraph (2) relating to orders issued under 

section 702(f)(2)’’; and 

(C) in paragraph (3)(A), in the matter preceding clause 

(i), by striking ‘‘subsection (b)(2)(B)’’ and inserting ‘‘subsection (b)(2)(C)’’. 

SEC. 103. CONGRESSIONAL REVIEW AND OVERSIGHT OF ABOUTS 

COLLECTION. 

(a) IN GENERAL.—Section 702(b) (50 U.S.C. 1881a(b)) is 

amended— 

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

(2) by redesignating paragraph (5) as paragraph (6); and 

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

‘‘(5) may not intentionally acquire communications that 

contain a reference to, but are not to or from, a target of 

an acquisition authorized under subsection (a), except as provided under section 103(b) of the FISA Amendments Reauthorization Act of 2017; and’’. 

(b) CONGRESSIONAL REVIEW AND OVERSIGHT OF ABOUTS

COLLECTION.— 

(1) DEFINITIONS.—In this subsection: 

(A) The term ‘‘abouts communication’’ means a communication that contains a reference to, but is not to or 

from, a target of an acquisition authorized under section 

702(a) of the Foreign Intelligence Surveillance Act of 1978 

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

(B) The term ‘‘material breach’’ means significant noncompliance with applicable law or an order of the Foreign 

Intelligence Surveillance Court concerning any acquisition 

of abouts communications. 

(2) SUBMISSION TO CONGRESS.— 

(A) REQUIREMENT.—Notwithstanding any other provision of law, and except as provided in paragraph (4), if 

Notice. 

50 USC 1881a 

note. 


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the Attorney General and the Director of National Intelligence intend to implement the authorization of the intentional acquisition of abouts communications, before the first 

such implementation after the date of enactment of this 

Act, the Attorney General and the Director of National 

Intelligence shall submit to the Committee on the Judiciary 

and the Select Committee on Intelligence of the Senate 

and the Committee on the Judiciary and the Permanent 

Select Committee on Intelligence of the House of Representatives a written notice of the intent to implement the 

authorization of such an acquisition, and any supporting 

materials in accordance with this subsection. 

(B) CONGRESSIONAL REVIEW PERIOD.—During the 30- 

day period beginning on the date written notice is submitted under subparagraph (A), the Committee on the 

Judiciary and the Select Committee on Intelligence of the 

Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of 

Representatives shall, as appropriate, hold hearings and 

briefings and otherwise obtain information in order to fully 

review the written notice. 

(C) LIMITATION ON ACTION DURING CONGRESSIONAL

REVIEW PERIOD.—Notwithstanding any other provision of 

law, and subject to paragraph (4), unless the Attorney 

General and the Director of National Intelligence make 

a determination pursuant to section 702(c)(2) of the Foreign 

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

1881a(c)(2)), the Attorney General and the Director of 

National Intelligence may not implement the authorization 

of the intentional acquisition of abouts communications 

before the end of the period described in subparagraph 

(B). 

(3) WRITTEN NOTICE.—Written notice under paragraph 

(2)(A) shall include the following: 

(A) A copy of any certification submitted to the Foreign 

Intelligence Surveillance Court pursuant to section 702 

of the Foreign Intelligence Surveillance Act of 1978 (50 

U.S.C. 1881a), or amendment thereto, authorizing the 

intentional acquisition of abouts communications, including 

all affidavits, procedures, exhibits, and attachments submitted therewith. 

(B) The decision, order, or opinion of the Foreign Intelligence Surveillance Court approving such certification, and 

any pleadings, applications, or memoranda of law associated with such decision, order, or opinion. 

(C) A summary of the protections in place to detect 

any material breach. 

(D) Data or other results of modeling, simulation, or 

auditing of sample data demonstrating that any acquisition 

method involving the intentional acquisition of abouts 

communications shall be conducted in accordance with title 

VII of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1881 et seq.), if such data or other results 

exist at the time the written notice is submitted and were 

provided to the Foreign Intelligence Surveillance Court. 

(E) Except as provided under paragraph (4), a statement that no acquisition authorized under subsection (a) 

Certification. 

Records. 

Determination. 

Effective date. 

Hearings. 

Briefings. 


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of such section 702 shall include the intentional acquisition 

of an abouts communication until after the end of the 

30-day period described in paragraph (2)(B). 

(4) EXCEPTION FOR EMERGENCY ACQUISITION.— (A) NOTICE OF DETERMINATION.—If the Attorney General and the Director of National Intelligence make a determination pursuant to section 702(c)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(c)(2)) 

with respect to the intentional acquisition of abouts communications, the Attorney General and the Director of 

National Intelligence shall notify the Committee on the 

Judiciary and the Select Committee on Intelligence of the 

Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of 

Representatives as soon as practicable, but not later than 

7 days after the determination is made. 

(B) IMPLEMENTATION OR CONTINUATION.— 

(i) IN GENERAL.—If the Foreign Intelligence 

Surveillance Court approves a certification that authorizes the intentional acquisition of abouts communications before the end of the 30-day period described 

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

Director of National Intelligence may authorize the 

immediate implementation or continuation of that certification if the Attorney General and the Director of 

National Intelligence jointly determine that exigent 

circumstances exist such that without such immediate 

implementation or continuation intelligence important 

to the national security of the United States may be 

lost or not timely acquired. 

(ii) NOTICE.—The Attorney General and the 

Director of National Intelligence shall submit to the 

Committee on the Judiciary and the Select Committee 

on Intelligence of the Senate and the Committee on 

the Judiciary and the Permanent Select Committee 

on Intelligence of the House of Representatives notification of a determination pursuant to clause (i) as soon 

as practicable, but not later than 3 days after the 

determination is made. 

(5) REPORTING OF MATERIAL BREACH.—Subsection (m) of 

section 702 (50 U.S.C. 1881a), as redesignated by section 101, 

is amended— 

(A) in the heading by striking ‘‘AND REVIEWS’’ and 

inserting ‘‘REVIEWS, AND REPORTING’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(4) REPORTING OF MATERIAL BREACH.— 

‘‘(A) IN GENERAL.—The head of each element of the 

intelligence community involved in the acquisition of abouts 

communications shall fully and currently inform the 

Committees on the Judiciary of the House of Representatives and the Senate and the congressional intelligence 

committees of a material breach. 

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

‘‘(i) The term ‘abouts communication’ means a 

communication that contains a reference to, but is 

not to or from, a target of an acquisition authorized 

under subsection (a). 

Determination. 

Deadline. 

Certification. 

Determination. 

Deadline. 


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

noncompliance with applicable law or an order of the 

Foreign Intelligence Surveillance Court concerning any 

acquisition of abouts communications.’’. 

(6) APPOINTMENT OF AMICI CURIAE BY FOREIGN INTEL- LIGENCE SURVEILLANCE COURT.—For purposes of section 

103(i)(2)(A) of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1803(i)(2)(A)), the Foreign Intelligence Surveillance 

Court shall treat the first certification under section 702(h) 

of such Act (50 U.S.C. 1881a(h)) or amendment thereto that 

authorizes the acquisition of abouts communications as presenting a novel or significant interpretation of the law, unless 

the court determines otherwise. 

SEC. 104. PUBLICATION OF MINIMIZATION PROCEDURES UNDER SECTION 702. 

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

the end the following new paragraph: 

‘‘(3) PUBLICATION.—The Director of National Intelligence, 

in consultation with the Attorney General, shall— 

‘‘(A) conduct a declassification review of any minimization procedures adopted or amended in accordance with 

paragraph (1); and 

‘‘(B) consistent with such review, and not later than 

180 days after conducting such review, make such minimization procedures publicly available to the greatest 

extent practicable, which may be in redacted form.’’. 

SEC. 105. SECTION 705 EMERGENCY PROVISION. 

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

end the following: 

‘‘(c) EMERGENCY AUTHORIZATION.— 

‘‘(1) CONCURRENT AUTHORIZATION.—If the Attorney General 

authorized the emergency employment of electronic surveillance 

or a physical search pursuant to section 105 or 304, the 

Attorney General may authorize, for the effective period of 

the emergency authorization and subsequent order pursuant 

to section 105 or 304, without a separate order under section 

703 or 704, the targeting of a United States person subject 

to such emergency employment for the purpose of acquiring 

foreign intelligence information while such United States person is reasonably believed to be located outside the United 

States. 

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

to the Court pursuant to section 104 or 303 is denied, or 

in any other case in which the acquisition pursuant to paragraph (1) is terminated and no order with respect to the target 

of the acquisition is issued under section 105 or 304, all 

information obtained or evidence derived from such acquisition 

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

SEC. 106. COMPENSATION OF AMICI CURIAE AND TECHNICAL 

EXPERTS. 

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

adding at the end the following: 

‘‘(11) COMPENSATION.—Notwithstanding any other provision of law, a court established under subsection (a) or (b) 

may compensate an amicus curiae appointed under paragraph 

Consultation. 


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132 STAT. 14 PUBLIC LAW 115–118—JAN. 19, 2018 

(2) for assistance provided under such paragraph as the court 

considers appropriate and at such rate as the court considers 

appropriate.’’. 

SEC. 107. ADDITIONAL REPORTING REQUIREMENTS. 

(a) ELECTRONIC SURVEILLANCE.—Section 107 (50 U.S.C. 1807) 

is amended to read as follows: 

‘‘SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE. 

‘‘(a) ANNUAL REPORT.—In April of each year, the Attorney General shall transmit to the Administrative Office of the United States 

Courts and to the congressional intelligence committees and the 

Committees on the Judiciary of the House of Representatives and 

the Senate a report setting forth with respect to the preceding 

calendar year— 

‘‘(1) the total number of applications made for orders and 

extensions of orders approving electronic surveillance under 

this title; 

‘‘(2) the total number of such orders and extensions either 

granted, modified, or denied; and 

‘‘(3) the total number of subjects targeted by electronic 

surveillance conducted under an order or emergency authorization under this title, rounded to the nearest 500, including 

the number of such individuals who are United States persons, 

reported to the nearest band of 500, starting with 0–499. 

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

in unclassified form, to the extent consistent with national security. 

Not later than 7 days after the date on which the Attorney General 

submits each such report, the Attorney General shall make the 

report publicly available, or, if the Attorney General determines 

that the report cannot be made publicly available consistent with 

national security, the Attorney General may make publicly available 

an unclassified summary of the report or a redacted version of 

the report.’’. 

(b) PEN REGISTERS AND TRAP AND TRACE DEVICES.—Section 

406 (50 U.S.C. 1846) is amended— 

(1) in subsection (b)— 

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

a semicolon; 

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

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

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

who were targeted by the installation and use of a pen register 

or trap and trace device under an order or emergency authorization issued under this title, rounded to the nearest 500, 

including— 

‘‘(A) the number of such subjects who are United States 

persons, reported to the nearest band of 500, starting with 

0–499; and 

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

in subparagraph (A), the number of persons whose information acquired pursuant to such order was reviewed or 

accessed by a Federal officer, employee, or agent, reported 

to the nearest band of 500, starting with 0–499.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(c) Each report under subsection (b) shall be submitted in 

unclassified form, to the extent consistent with national security. 

Public 

information. 

Determination. 


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PUBLIC LAW 115–118—JAN. 19, 2018 132 STAT. 15 

Not later than 7 days after the date on which the Attorney General 

submits such a report, the Attorney General shall make the report 

publicly available, or, if the Attorney General determines that the 

report cannot be made publicly available consistent with national 

security, the Attorney General may make publicly available an 

unclassified summary of the report or a redacted version of the 

report.’’. 

SEC. 108. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. 

(a) APPOINTMENT OF STAFF.—Subsection (j) of section 1061 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 

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

‘‘(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 unanimous 

vote of the serving members of the Board, may exercise the 

authority of the chairman under paragraph (1).’’. 

(b) MEETINGS.—Subsection (f) of such section (42 U.S.C. 

2000ee(f)) is amended— 

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

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

‘‘shall make its’’; and 

(3) in paragraph (2)— 

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

public’’; and 

(B) by inserting before the period at the end the following: ‘‘, but may, notwithstanding section 552b of title 

5, United States Code, meet or otherwise communicate 

in any number to confer or deliberate in a manner that 

is closed to the public’’. 

SEC. 109. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

Section 1062(a) of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (42 U.S.C. 2000ee–1(a)) is amended by 

inserting ‘‘, the Director of the National Security Agency, the 

Director of the Federal Bureau of Investigation’’ after ‘‘the Director 

of the Central Intelligence Agency’’. 

SEC. 110. WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE 

INTELLIGENCE COMMUNITY. 

(a) PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE

COMMUNITY.—Section 1104 of the National Security Act of 1947 

(50 U.S.C. 3234) is amended— 

(1) in subsection (a)— 

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

employee’’ after ‘‘character)’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(4) CONTRACTOR EMPLOYEE.—The term ‘contractor 

employee’ means an employee of a contractor, subcontractor, 

grantee, subgrantee, or personal services contractor, of a covered intelligence community element.’’; 

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

(d) and (e), respectively; 

Definition. 

Deadline. 

Determination. 


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132 STAT. 16 PUBLIC LAW 115–118—JAN. 19, 2018 

(3) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) CONTRACTOR EMPLOYEES.—(1) Any employee of a contractor, subcontractor, grantee, subgrantee, or personal services 

contractor, of a covered intelligence community element who has 

authority to take, direct others to take, recommend, or approve 

any personnel action, shall not, with respect to such authority, 

take or fail to take a personnel action with respect to any contractor 

employee as a reprisal for a lawful disclosure of information by 

the contractor employee to the Director of National Intelligence 

(or an employee designated by the Director of National Intelligence 

for such purpose), the Inspector General of the Intelligence Community, the head of the contracting agency (or an employee designated 

by the head of that agency for such purpose), the appropriate 

inspector general of the contracting agency, a congressional intelligence committee, or a member of a congressional intelligence 

committee, which the contractor employee reasonably believes evidences— 

‘‘(A) a violation of any Federal law, rule, or regulation 

(including with respect to evidence of another employee or 

contractor employee accessing or sharing classified information 

without authorization); or 

‘‘(B) gross mismanagement, a gross waste of funds, an 

abuse of authority, or a substantial and specific danger to 

public health or safety. 

‘‘(2) A personnel action under paragraph (1) is prohibited even 

if the action is undertaken at the request of an agency official, 

unless the request takes the form of a nondiscretionary directive 

and is within the authority of the agency official making the 

request.’’; 

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

‘‘AGENCY EMPLOYEES.—’’; and 

(5) in subsection (e), as redesignated by paragraph (2), 

by inserting ‘‘contractor employee,’’ after ‘‘any employee,’’. 

(b) FEDERAL BUREAU OF INVESTIGATION.— (1) IN GENERAL.—Any employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, 

of the Federal Bureau of Investigation who has authority to 

take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take 

or fail to take a personnel action with respect to a contractor 

employee as a reprisal for a disclosure of information— 

(A) made— 

(i) to a supervisor in the direct chain of command 

of the contractor employee; 

(ii) to the Inspector General; 

(iii) to the Office of Professional Responsibility of 

the Department of Justice; 

(iv) to the Office of Professional Responsibility of 

the Federal Bureau of Investigation; 

(v) to the Inspection Division of the Federal Bureau 

of Investigation; 

(vi) to the Office of Special Counsel; or 

(vii) to an employee designated by any officer, 

employee, office, or division described in clauses (i) 

through (vii) for the purpose of receiving such disclosures; and 

5 USC 2303 note. 


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PUBLIC LAW 115–118—JAN. 19, 2018 132 STAT. 17 

(B) which the contractor employee reasonably believes 

evidences— 

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

(including with respect to evidence of another employee 

or contractor employee accessing or sharing classified 

information without authorization); or 

(ii) gross mismanagement, a gross waste of funds, 

an abuse of authority, or a substantial and specific 

danger to public health or safety. 

(2) ACTIONS BY REQUEST.—A personnel action under paragraph (1) is prohibited even if the action is undertaken at 

the request of an official of the Federal Bureau of Investigation, 

unless the request takes the form of a nondiscretionary directive 

and is within the authority of the official making the request. 

(3) REGULATIONS.—The Attorney General shall prescribe 

regulations to ensure that a personnel action described in paragraph (1) shall not be taken against a contractor employee 

of the Federal Bureau of Investigation as a reprisal for any 

disclosure of information described in subparagraph (A) of such 

paragraph. 

(4) ENFORCEMENT.—The President shall provide for the 

enforcement of this subsection. 

(5) DEFINITIONS.—In this subsection: 

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

of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of the Federal Bureau of Investigation. 

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

described in clauses (i) through (x) of section 2302(a)(2)(A) 

of title 5, United States Code, with respect to a contractor 

employee. 

(c) RETALIATORY REVOCATION OF SECURITY CLEARANCES AND

ACCESS DETERMINATIONS.—Section 3001(j) of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) 

is amended by adding at the end the following new paragraph: 

‘‘(8) INCLUSION OF CONTRACTOR EMPLOYEES.—In this subsection, the term ‘employee’ includes an employee of a contractor, subcontractor, grantee, subgrantee, or personal services 

contractor, of an agency. With respect to such employees, the 

term ‘employing agency’ shall be deemed to be the contracting 

agency.’’. 

SEC. 111. BRIEFING ON NOTIFICATION REQUIREMENTS. 

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

this Act, the Attorney General, in consultation with the Director 

of National Intelligence, shall provide to the Committee on the 

Judiciary and the Permanent Select Committee on Intelligence 

of the House of Representatives and the Committee on the Judiciary 

and the Select Committee on Intelligence of the Senate a briefing 

with respect to how the Department of Justice interprets the 

requirements under sections 106(c), 305(d), and 405(c) of the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(c), 1825(d), 

and 1845(c)) to notify an aggrieved person under such sections 

of the use of information obtained or derived from electronic surveillance, physical search, or the use of a pen register or trap and 

trace device. The briefing shall focus on how the Department interprets the phrase ‘‘obtained or derived from’’ in such sections. 

Deadline. 

Consultation. 

President. 


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132 STAT. 18 PUBLIC LAW 115–118—JAN. 19, 2018 

SEC. 112. INSPECTOR GENERAL REPORT ON QUERIES CONDUCTED 

BY FEDERAL BUREAU OF INVESTIGATION. 

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

the Foreign Intelligence Surveillance Court first approves the 

querying procedures adopted pursuant to section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), 

as added by section 101, the Inspector General of the Department 

of Justice shall submit to the Committee on the Judiciary and 

the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on 

Intelligence of the House of Representatives a report containing 

a review by the Inspector General of the interpretation of, and 

compliance with, such procedures by the Federal Bureau of Investigation. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include, at a minimum, an assessment of the following: 

(1) The interpretations by the Federal Bureau of Investigation and the National Security Division of the Department 

of Justice, respectively, relating to the querying procedures 

adopted under subsection (f) of section 702 of the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), as 

added by section 101. 

(2) The handling by the Federal Bureau of Investigation 

of individuals whose citizenship status is unknown at the time 

of a query conducted under such section 702. 

(3) The practice of the Federal Bureau of Investigation 

with respect to retaining records of queries conducted under 

such section 702 for auditing purposes. 

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

of Investigation to ensure compliance with such querying procedures. 

(5) The implementation of such querying procedures with 

respect to queries conducted when evaluating whether to open 

an assessment or predicated investigation relating to the 

national security of the United States. 

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

Federal Bureau of Investigation to information obtained pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 

U.S.C. 1801 et seq.), including with respect to information 

acquired under subsection (a) of such section 702 based on 

queries conducted by the criminal division. 

(7) The frequency and nature of the reviews conducted 

by the National Security Division of the Department of Justice 

and the Office of the Director of National Intelligence relating 

to the compliance by the Federal Bureau of Investigation with 

such querying procedures. 

(8) Any impediments, including operational, technical, or 

policy impediments, for the Federal Bureau of Investigation 

to count— 

(A) the total number of queries where the Federal 

Bureau of Investigation subsequently accessed information 

acquired under subsection (a) of such section 702; 

(B) the total number of such queries that used known 

United States person identifiers; and 

(C) the total number of queries for which the Federal 

Bureau of Investigation received an order of the Foreign 


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PUBLIC LAW 115–118—JAN. 19, 2018 132 STAT. 19 

Intelligence Surveillance Court pursuant to subsection (f)(2) 

of such section 702. 

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

in unclassified form to the extent consistent with national security, 

but may include a classified annex. 

TITLE II—EXTENSION OF AUTHORITIES, 

INCREASED PENALTIES, REPORTS, 

AND OTHER MATTERS 

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

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

of 2008 (Public Law 110–261; 122 Stat. 2474) is amended— 

(1) in paragraph (1)— 

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

‘‘December 31, 2023’’; and 

(B) by inserting ‘‘and by the FISA Amendments 

Reauthorization Act of 2017’’ after ‘‘section 101(a)’’; and 

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

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

31, 2023’’. 

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

Amendments Act of 2008 (Public Law 110–261; 122 Stat. 2476), 

as amended by section 101, is further amended— 

(1) in paragraph (1)— 

(A) in the heading, by striking ‘‘DECEMBER 31, 2017’’ 

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

(B) by inserting ‘‘and by the FISA Amendments 

Reauthorization Act of 2017’’ after ‘‘section 101(a)’’; 

(2) in paragraph (2), by inserting ‘‘and by the FISA Amendments Reauthorization Act of 2017’’ after ‘‘section 101(a)’’; and 

(3) in paragraph (4)— 

(A) by inserting ‘‘and amended by the FISA Amendments Reauthorization Act of 2017’’ after ‘‘as added by 

section 101(a)’’ both places it appears; and 

(B) by inserting ‘‘and by the FISA Amendments 

Reauthorization Act of 2017’’ after ‘‘as amended by section 

101(a)’’ both places it appears. 

(c) EFFECTIVE DATE OF AMENDMENTS TO FAA.—The amendments made to the FISA Amendments Act of 2008 (Public Law 

110–261) by this section shall take effect on December 31, 2017. 

SEC. 202. INCREASED PENALTY FOR UNAUTHORIZED REMOVAL AND 

RETENTION OF CLASSIFIED DOCUMENTS OR MATERIAL. 

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

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

SEC. 203. REPORT ON CHALLENGES TO THE EFFECTIVENESS OF FOREIGN INTELLIGENCE SURVEILLANCE. 

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

enactment of this Act, the Attorney General, in coordination with 

the Director of National Intelligence, shall submit to the Committee 

on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on 

the Judiciary and the Select Committee on Intelligence of the Senate 

Coordination. 

50 USC 1881 

note. 

50 USC 1801 

note. 

50 USC 2511 

note. 

50 USC 1881 

and note, 

1881a–1881g. 


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a report on current and future challenges to the effectiveness of 

the foreign intelligence surveillance activities of the United States 

authorized under the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801 et seq.). 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include, at a minimum, the following: 

(1) A discussion of any trends that currently challenge the 

effectiveness of the foreign intelligence surveillance activities of 

the United States, or could foreseeably challenge such activities 

during the decade following the date of the report, including with 

respect to— 

(A) the extraordinary and surging volume of data occurring worldwide; 

(B) the use of encryption; 

(C) changes to worldwide telecommunications patterns 

or infrastructure; 

(D) technical obstacles in determining the location of 

data or persons; 

(E) the increasing complexity of the legal regime, 

including regarding requests for data in the custody of 

foreign governments; 

(F) the current and future ability of the United States 

to obtain, on a compulsory or voluntary basis, assistance 

from telecommunications providers or other entities; and 

(G) any other matters the Attorney General and the 

Director of National Intelligence determine appropriate. 

(2) Recommendations for changes, including, as appropriate, fundamental changes, to the foreign intelligence surveillance activities of the United States to address the challenges 

identified under paragraph (1) and to ensure the long-term 

effectiveness of such activities. 

(3) Recommendations for any changes to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that 

the Attorney General and the Director of National Intelligence 

determine necessary to address the challenges identified under 

paragraph (1). 

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

in classified or unclassified form. 

SEC. 204. COMPTROLLER GENERAL STUDY ON THE CLASSIFICATION 

SYSTEM AND PROTECTION OF CLASSIFIED INFORMATION. 

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

conduct a study of the classification system of the United States 

and the methods by which the intelligence community (as defined 

in section 3(4) of the National Security Act of 1947 (50 U.S.C. 

3003(4))) protects classified information. 

(b) MATTERS INCLUDED.—The study under subsection (a) shall 

address the following: 

(1) Whether sensitive information is properly classified. 

(2) The effect of modern technology on the storage and 

protection of classified information, including with respect to— 

(A) using cloud storage for classified information; and 

(B) any technological means to prevent or detect 

unauthorized access to such information. 

(3) Any ways to improve the classification system of the 

United States, including with respect to changing the levels 

Recommendations. 


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of classification used in such system and to reduce overclassification. 

(4) How to improve the authorized sharing of classified 

information, including with respect to sensitive compartmented 

information. 

(5) The value of polygraph tests in determining who is 

authorized to access classified information and in investigating 

unauthorized disclosures of classified information. 

(6) Whether each element of the intelligence community— 

(A) applies uniform standards in determining who is 

authorized to access classified information; and 

(B) provides proper training with respect to the handling of classified information and the avoidance of overclassification. 

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

enactment of this Act, the Comptroller General shall submit to 

the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the 

Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the study under subsection 

(a). 

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

in unclassified form, but may include a classified annex. 

SEC. 205. TECHNICAL AMENDMENTS AND AMENDMENTS TO IMPROVE 

PROCEDURES OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW. 

(a) TECHNICAL AMENDMENTS.—The Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended as 

follows: 

(1) In section 103(b) (50 U.S.C. 1803(b)), by striking ‘‘designate as the’’ and inserting ‘‘designated as the’’. 

(2) In section 302(a)(1)(A)(iii) (50 U.S.C. 1822(a)(1)(A)(iii)), 

by striking ‘‘paragraphs (1) through (4)’’ and inserting ‘‘subparagraphs (A) through (D)’’. 

(3) In section 406(b) (50 U.S.C. 1846(b)), by striking ‘‘and 

to the Committees on the Judiciary of the House of Representatives and the Senate’’. 

(4) In section 604(a) (50 U.S.C. 1874(a))— 

(A) in paragraph (1)(D), by striking ‘‘contents’’ and 

inserting ‘‘contents,’’; and 

(B) in paragraph (3), by striking ‘‘comply in the into’’ 

and inserting ‘‘comply into’’. 

(5) In section 701 (50 U.S.C. 1881)— 

(A) in subsection (a), by striking ‘‘The terms’’ and 

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

(B) in subsection (b)— 

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

heading; and 

(ii) in paragraph (5), by striking ‘‘(50 U.S.C. 

401a(4))’’ and inserting ‘‘(50 U.S.C. 3003(4))’’. 

(6) In section 702(h)(2)(A)(i) (50 U.S.C. 1881a(h)(2)(A)(i)), 

as redesignated by section 101, by inserting ‘‘targeting’’ before 

‘‘procedures in place’’. 

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

U.S.C. 401a(4))’’ and inserting ‘‘(50 U.S.C. 3003(4))’’. 


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132 STAT. 22 PUBLIC LAW 115–118—JAN. 19, 2018 

LEGISLATIVE HISTORY—S. 139: 

CONGRESSIONAL RECORD: 

Vol. 163 (2017): May 16, considered and passed Senate. 

Vol. 164 (2018): Jan. 11, considered and passed House, amended. Considered 

in Senate. 

Jan. 16–18, Senate considered and concurred in House 

amendment. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 

Jan. 19, Presidential statement. 

Æ 

(b) COURT-RELATED AMENDMENTS.—The Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended 

as follows: 

(1) In section 103 (50 U.S.C. 1803)— 

(A) in subsection (b), by striking ‘‘immediately’’; and 

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

under subsection (a)’’ and inserting ‘‘a court established 

under this section’’. 

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

the end the following new paragraph: 

‘‘(4) A denial of the application made under section 104 may 

be reviewed as provided in section 103.’’. 

(3) In section 302(d) (50 U.S.C. 1822(d)), by striking ‘‘immediately’’. 

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

the end the following new paragraph: 

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

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

(5) In section 403(c) (50 U.S.C. 1843(c)), by adding at the 

end the following new paragraph: 

‘‘(3) A denial of the application made under subsection (a)(2) 

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

(6) In section 501(c) (50 U.S.C. 1861(c)), by adding at the 

end the following new paragraph: 

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

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

SEC. 206. SEVERABILITY. 

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

Act, or the application thereof to any person or circumstances 

is held invalid, the validity of the remainder of the Act, of any 

such amendments, and of the application of such provisions to 

other persons and circumstances shall not be affected thereby. 

Approved January 19, 2018. 

50 USC 1801 

note. 


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