I 

115TH CONGRESS 

1ST SESSION H. R. 4478 

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 29, 2017 

Mr. NUNES introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), Oversight and Government Reform, and Homeland Security, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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


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

2 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 

Sec. 101. Section 705 emergency provision. 

Sec. 102. Modification to definitions of foreign power and agent of a foreign 

power. 

TITLE II—SAFEGUARDS, ACCOUNTABILITY, AND OVERSIGHT 

Sec. 201. Querying procedures required. 

Sec. 202. Use and disclosure provisions. 

Sec. 203. Congressional review and oversight of abouts collection. 

Sec. 204. Publication of minimization procedures under section 702. 

Sec. 205. Compensation of amici curiae and technical experts. 

Sec. 206. Additional reporting requirements. 

Sec. 207. Procedures regarding dissemination of nonpublicly available information concerning United States persons. 

Sec. 208. Improvements to Privacy and Civil Liberties Oversight Board. 

Sec. 209. Privacy and civil liberties officers. 

TITLE III—EXTENSION OF AUTHORITIES, INCREASED 

PENALTIES, REPORTS, AND OTHER MATTERS 

Sec. 301. Extension of title VII of FISA; effective dates. 

Sec. 302. Increased penalty for unauthorized removal and retention of classified 

documents or material. 

Sec. 303. Comptroller General study on the classification system and protection 

of classified information. 

Sec. 304. Technical amendments and amendments to improve procedures of the 

Foreign Intelligence Surveillance Court of Review. 

Sec. 305. Severability. 

3 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

4 SURVEILLANCE ACT OF 1978. 

5 Except as otherwise expressly provided, whenever in 

6 this Act an amendment or repeal is expressed in terms 

7 of an amendment to, or a repeal of, a section or other 

8 provision, the reference shall be considered to be made to 

9 a section or other provision of the Foreign Intelligence 

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


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1 TITLE I—ENHANCEMENTS TO 

2 FOREIGN INTELLIGENCE 

3 COLLECTION 

4 SEC. 101. SECTION 705 EMERGENCY PROVISION. 

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

6 at the end the following: 

7 ‘‘(c) EMERGENCY AUTHORIZATION.— 

8 ‘‘(1) CONCURRENT AUTHORIZATION.—If the 

9 Attorney General authorized the emergency employ10 ment of electronic surveillance or a physical search 

11 pursuant to section 105 or 304, the Attorney Gen12 eral may authorize, for the effective period of the 

13 emergency authorization and subsequent order pur14 suant to section 105 or 304, without a separate 

15 order under section 703 or 704, the targeting of a 

16 United States person subject to such emergency em17 ployment for the purpose of acquiring foreign intel18 ligence information while such United States person 

19 is reasonably believed to be located outside the 

20 United States. 

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

22 submitted to the Court pursuant to section 104 or 

23 304 is denied, or in any other case in which the ac24 quisition pursuant to paragraph (1) is terminated 

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1 sition is issued under section 105 or 304, all infor2 mation obtained or evidence derived from such ac3 quisition shall be handled in accordance with section 

4 704(d)(4).’’. 

5 SEC. 102. MODIFICATION TO DEFINITIONS OF FOREIGN 

6 POWER AND AGENT OF A FOREIGN POWER. 

7 (a) FOREIGN POWER.—Subsection (a) of section 101 

8 (50 U.S.C. 1801) is amended— 

9 (1) in paragraph (6), by striking ‘‘; or’’ and in10 serting a semicolon; 

11 (2) in paragraph (7), by striking the period at 

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

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

14 paragraph: 

15 ‘‘(8) an entity not substantially composed of 

16 United States persons that is engaged in inter17 national malicious cyber activity, or activities in 

18 preparation therefor, that threatens the national de19 fense or security of the United States.’’. 

20 (b) AGENT OF A FOREIGN POWER.—Subsection 

21 (b)(1) of such section (50 U.S.C. 1801) is amended— 

22 (1) in subparagraph (D), by striking ‘‘; or’’ and 

23 inserting a semicolon; and 

24 (2) by adding at the end the following new sub25 paragraph: 


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1 ‘‘(F) engages in international malicious 

2 cyber activity that threatens the national de3 fense or security of the United States, or activi4 ties in preparation therefor, for or on behalf of 

5 a foreign power, or knowingly aids or abets any 

6 person in the conduct of such international ma7 licious cyber activity or activities in preparation 

8 therefor, or knowingly conspires with any per9 son to engage in such international malicious 

10 cyber activity or activities in preparation there11 for; or’’. 

12 (c) INTERNATIONAL MALICIOUS CYBER ACTIVITY

13 DEFINED.—Such section (50 U.S.C. 1801) is further 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(q) The term ‘international malicious cyber activity’ 

17 means activity on or through an information system (as 

18 defined by section 102 of the Cybersecurity Information 

19 Sharing Act of 2015 (6 U.S.C. 1501))— 

20 ‘‘(1) originating from, or directed by persons lo21 cated, in whole or in substantial part, outside the 

22 United States; 

23 ‘‘(2) that seeks to compromise or impair the 

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1 tems, networks, physical or virtual infrastructure 

2 controlled by computers or information systems, or 

3 information resident thereon; and 

4 ‘‘(3) that is not authorized by the United States 

5 Government or otherwise carried out in accordance 

6 with Federal law.’’. 

7 TITLE II—SAFEGUARDS, AC8 COUNTABILITY, AND OVER9 SIGHT 

10 SEC. 201. QUERYING PROCEDURES REQUIRED. 

11 (a) QUERYING PROCEDURES.— 

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

13 1881a) is amended— 

14 (A) by redesignating subsections (f) 

15 through (l) as subsections (g) through (m), re16 spectively; and 

17 (B) by inserting after subsection (e) the 

18 following new subsection: 

19 ‘‘(f) QUERIES.— 

20 ‘‘(1) PROCEDURES REQUIRED.— 

21 ‘‘(A) REQUIREMENT TO ADOPT.—The At22 torney General, in consultation with the Direc23 tor of National Intelligence, shall adopt 

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1 stitution of the United States for information 

2 collected pursuant to an authorization under 

3 subsection (a). 

4 ‘‘(B) RECORD OF UNITED STATES PERSON

5 QUERY TERMS.—The Attorney General, in con6 sultation with the Director of National Intel7 ligence, shall ensure that the procedures adopt8 ed under subparagraph (A) include a technical 

9 procedure whereby a record is kept of each 

10 United States person query term used for a 

11 query. 

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

13 adopted in accordance with subparagraph (A) 

14 shall be subject to judicial review pursuant to 

15 subsection (j). 

16 ‘‘(2) COURT ORDERS FOR ACCESS OF CONTENTS

17 FROM CERTAIN QUERIES.— 

18 ‘‘(A) DISCRETION TO APPLY FOR COURT

19 ORDER.—Before accessing the contents of com20 munications acquired under subsection (a) that 

21 were retrieved using a United States person 

22 query term that was not designed to find and 

23 extract foreign intelligence information, the 

24 Federal Bureau of Investigation may apply for 

25 an order of the Court under subparagraph (C). 


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1 ‘‘(B) JURISDICTION.—The Court shall 

2 have jurisdiction to review an application and to 

3 enter an order approving the access described 

4 in subparagraph (A). 

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

6 an order under this paragraph shall be made by 

7 a Federal officer in writing upon oath or affir8 mation to a judge having jurisdiction under 

9 subparagraph (B). Each application shall re10 quire the approval of the Attorney General 

11 based upon the finding of the Attorney General 

12 that the application satisfies the criteria and re13 quirements of such application, as set forth in 

14 this paragraph, and shall include— 

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

16 making the application; and 

17 ‘‘(ii) an affidavit or other information 

18 containing a statement of the facts and 

19 circumstances relied upon by the applicant 

20 to justify the belief of the applicant that 

21 the contents of communications described 

22 in subparagraph (A) covered by the appli23 cation would provide evidence of— 

24 ‘‘(I) criminal activity; 


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1 ‘‘(II) contraband, fruits of a 

2 crime, or other items illegally pos3 sessed by a third party; or 

4 ‘‘(III) property designed for use, 

5 intended for use, or used in commit6 ting a crime. 

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

8 pursuant to subparagraph (C), the Court shall 

9 enter an order approving the access of the con10 tents of communications described in subpara11 graph (A) covered by the application if the 

12 Court finds probable cause to believe that such 

13 contents would provide any of the evidence de14 scribed in subparagraph (C)(ii). 

15 ‘‘(3) QUERY DEFINED.—In this subsection, the 

16 term ‘query’ means any instance in which informa17 tion the United States Government has acquired is 

18 searched using one or more specific terms for the 

19 purpose of discovering or retrieving unminimized 

20 contents or noncontents of the communications of 

21 United States persons.’’. 

22 (2) APPLICATION.—Subsection (f) of section 

23 702 of the Foreign Intelligence Surveillance Act of 

24 1978 (50 U.S.C. 1881a), as added by paragraph (1), 

25 shall apply with respect to certifications submitted 


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1 under subsection (h) of such section to the Foreign 

2 Intelligence Surveillance Court after January 1, 

3 2018. 

4 (b) CONFORMING AMENDMENTS.— 

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

6 Such section 702 is further amended— 

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

8 subsection (i)(3)’’ and inserting ‘‘with sub9 sections (j)(3)’’; 

10 (B) in subsection (c)— 

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

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

13 subsection (h)’’; 

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

15 subsection (i)(3)’’ and inserting ‘‘to sub16 section (j)(3)’’; and 

17 (iii) in paragraph (3)— 

18 (I) in subparagraph (A), by strik19 ing ‘‘with subsection (g)’’ and insert20 ing ‘‘with subsection (h)’’; and 

21 (II) in subparagraph (B)— 

22 (aa) by striking ‘‘to sub23 section (i)(1)(C)’’ and inserting 

24 ‘‘to subsection (j)(1)(C)’’; and 


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1 (bb) by striking ‘‘under sub2 section (i)’’ and inserting ‘‘under 

3 subsection (j)’’; 

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

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

6 (j)’’; 

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

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

9 (j)’’; 

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

11 subsection (a)(1)— 

12 (i) in paragraph (2)(A)(iii), by strik13 ing ‘‘with subsection (f)’’ and inserting 

14 ‘‘with subsection (g)’’; 

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

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

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

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

19 subsection (i)’’ and inserting ‘‘to sub20 section (j)’’; 

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

22 subsection (a)(1)— 

23 (i) in paragraph (1)— 

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1 cedures adopted in accordance with 

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

3 ‘‘targeting, minimization, and 

4 querying procedures adopted in ac5 cordance with subsections (d), (e), 

6 and (f)(1)’’; 

7 (II) in subparagraph (B), by 

8 striking ‘‘targeting and minimization 

9 procedures adopted in accordance with 

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

11 ‘‘targeting, minimization, and 

12 querying procedures adopted in ac13 cordance with subsections (d), (e), 

14 and (f)(1)’’; and 

15 (III) in subparagraph (C), by 

16 striking ‘‘targeting and minimization 

17 procedures adopted in accordance with 

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

19 ‘‘targeting, minimization, and 

20 querying procedures adopted in ac21 cordance with subsections (d), (e), 

22 and (f)(1)’’; 

23 (ii) in paragraph (2)— 


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1 (I) in subparagraph (A), by strik2 ing ‘‘with subsection (g)’’ and insert3 ing ‘‘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 

10 subsection.’’; 

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), 

7 and (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 sub25 sections (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 sub11 sections (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 In16 telligence Surveillance Act of 1978 (50 U.S.C. 1801 

17 et seq.) is further amended— 

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

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

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

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

22 and 

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

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

25 ‘‘subsections (d), (e), (f)(1), and (g)’’. 


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1 (3) AMENDMENTS TO FISA AMENDMENTS ACT

2 OF 2008.—Section 404 of the Foreign Intelligence 

3 Surveillance Act of 1978 Amendments Act of 2008 

4 (Public Law 110–261; 50 U.S.C. 1801 note) is 

5 amended— 

6 (A) in subsection (a)(7)(B)— 

7 (i) by striking ‘‘under section 

8 702(i)(3)’’ and inserting ‘‘under section 

9 702(j)(3)’’; and 

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

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

12 (B) in subsection (b)— 

13 (i) in paragraph (3)— 

14 (I) in subparagraph (A), by strik15 ing ‘‘to section 702(h)’’ and inserting 

16 ‘‘to section 702(i)’’; and 

17 (II) in subparagraph (B)— 

18 (aa) by striking ‘‘section 

19 702(h)(3) of’’ and inserting ‘‘sec20 tion 702(i)(3) of’’; and 

21 (bb) by striking ‘‘to section 

22 702(h)’’ and inserting ‘‘to section 

23 702(i)’’; and 

24 (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 in6 serting ‘‘or section 702(m)’’. 

7 SEC. 202. 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 

18 against that United States person pursuant to 

19 paragraph (1) in any criminal proceeding un20 less— 

21 ‘‘(i) the Federal Bureau of Investiga22 tion obtained an order of the Foreign In23 telligence Surveillance Court to access such 

24 information pursuant to section 702(f)(2); 

25 or 


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1 ‘‘(ii) the Attorney General determines 

2 that— 

3 ‘‘(I) the criminal proceeding af4 fects, involves, or is related to the na5 tional security of the United States; 

6 or 

7 ‘‘(II) the criminal proceeding in8 volves— 

9 ‘‘(aa) death; 

10 ‘‘(bb) kidnapping; 

11 ‘‘(cc) serious bodily injury, 

12 as defined in section 1365 of title 

13 18, United States Code; 

14 ‘‘(dd) conduct that con15 stitutes a criminal offense that is 

16 a specified offense against a 

17 minor, as defined in section 111 

18 of the Adam Walsh Child Protec19 tion and Safety Act of 2006 (34 

20 U.S.C. 20911); 

21 ‘‘(ee) incapacitation or de22 struction of critical infrastruc23 ture, as defined in section 

24 1016(e) of the USA PATRIOT 

25 Act (42 U.S.C. 5195c(e)); 


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1 ‘‘(ff) cybersecurity, including 

2 conduct described in section 

3 1016(e) of the USA PATRIOT 

4 Act (42 U.S.C. 5195c(e)) or sec5 tion 1029, 1030, or 2511 of title 

6 18, United States Code; 

7 ‘‘(gg) transnational crime, 

8 including transnational narcotics 

9 trafficking and transnational or10 ganized crime; or 

11 ‘‘(hh) human trafficking. 

12 ‘‘(B) NO JUDICIAL REVIEW.—A determina13 tion by the Attorney General under subpara14 graph (A)(ii) is not subject to judicial review.’’. 

15 (b) INTELLIGENCE COMMUNITY DISCLOSURE PROVI16 SION.—Section 603 (50 U.S.C. 1873) is amended— 

17 (1) in subsection (b)— 

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

19 faith estimate of the number of targets of such 

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

21 estimate of— 

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

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

24 who are known to not be United States persons; 

25 and 


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

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

3 (B) in paragraph (2)— 

4 (i) by redesignating subparagraphs 

5 (A) and (B) as subparagraphs (B) and 

6 (C), respectively; 

7 (ii) by inserting before subparagraph 

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

9 ‘‘(A) the number of targets of such or10 ders;’’; 

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

13 (iv) by adding at the end the fol14 lowing: 

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

16 Federal Bureau of Investigation has received 

17 and reviewed the unminimized contents of elec18 tronic communications or wire communications 

19 concerning a United States person obtained 

20 through acquisitions authorized under such sec21 tion in response to a search term that was rea22 sonably designed to find evidence of a crime 

23 that would not be considered foreign intel24 ligence information; and 


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1 ‘‘(E) the number of instances in which the 

2 Federal Bureau of Investigation opened, under 

3 the Criminal Investigative Division or any suc4 cessor division, an investigation of a United 

5 States person (who is not considered a threat to 

6 national security) based wholly or in part on an 

7 acquisition authorized under such section;’’; 

8 (C) in paragraph (3)(A), by striking ‘‘or9 ders; and’’ and inserting the following: ‘‘orders, 

10 including— 

11 ‘‘(i) the number of targets of such or12 ders who are known to not be United 

13 States persons; and 

14 ‘‘(ii) the number of targets of such or15 ders who are known to be United States 

16 persons; and’’; 

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

18 and (6) as paragraphs (5), (6), and (7), respec19 tively; and 

20 (E) by inserting after paragraph (3) the 

21 following: 

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

23 which the United States or a State or political sub24 division thereof provided notice pursuant to sub25 section (c) or (d) of section 106 (including with reVerDate Sep 11 2014 02:25 Nov 30, 2017 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4478.IH H4478

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1 spect to information acquired from an acquisition 

2 conducted under section 702) or subsection (d) or 

3 (e) of section 305 of the intent of the government 

4 to enter into evidence or otherwise use or disclose 

5 any information obtained or derived from electronic 

6 surveillance, physical search, or an acquisition con7 ducted pursuant to this Act;’’; and 

8 (2) in subsection (d)— 

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

10 (5)’’ and inserting ‘‘(5), or (6)’’; 

11 (B) in paragraph (2)(A), by striking 

12 ‘‘(2)(A), (2)(B), and (5)(C)’’ and inserting 

13 ‘‘(2)(B), (2)(C), and (6)(C)’’; and 

14 (C) in paragraph (3)(A), in the matter 

15 preceding clause (i), by striking ‘‘subsection 

16 (b)(2)(B)’’ and inserting ‘‘subsection 

17 (b)(2)(C)’’. 

18 SEC. 203. CONGRESSIONAL REVIEW AND OVERSIGHT OF 

19 ABOUTS COLLECTION. 

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

21 1881a(b)) is amended— 

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

23 end; 

24 (2) by redesignating paragraph (5) as para25 graph (6); and 


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1 (3) by inserting after paragraph (4) the fol2 lowing: 

3 ‘‘(5) may not intentionally acquire communica4 tions that contain a reference to, but are not to or 

5 from, a facility, place, premises, or property at 

6 which an acquisition authorized under subsection (a) 

7 is directed or conducted, except as provided under 

8 section 203(b) of the FISA Amendments Reauthor9 ization Act of 2017; and’’. 

10 (b) CONGRESSIONAL REVIEW AND OVERSIGHT OF

11 ABOUTS COLLECTION.— 

12 (1) DEFINITIONS.—In this subsection: 

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

14 means a communication that contains reference 

15 to, but is not to or from, a facility, a place, 

16 premises, or property at which an acquisition 

17 authorized under section 702(a) of the Foreign 

18 Intelligence Surveillance Act of 1978 (50 

19 U.S.C. 1881a(a)) is directed or conducted. 

20 (B) The term ‘‘material breach’’ means 

21 significant noncompliance with applicable law or 

22 an order of the Foreign Intelligence Surveil23 lance Court concerning any acquisition of 

24 abouts communications. 

25 (2) SUBMISSION TO CONGRESS.— 


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1 (A) REQUIREMENT.—Notwithstanding any 

2 other provision of law, and except as provided 

3 in paragraph (4), if the Attorney General and 

4 the Director of National Intelligence intend to 

5 implement the authorization of the intentional 

6 acquisition of abouts communications, before 

7 the first such implementation after the date of 

8 enactment of this Act, the Attorney General 

9 and the Director of National Intelligence shall 

10 submit to the Committee on the Judiciary and 

11 the Select Committee on Intelligence of the 

12 Senate and the Committee on the Judiciary and 

13 the Permanent Select Committee on Intelligence 

14 of the House of Representatives a written no15 tice of the intent to implement the authoriza16 tion of such an acquisition, and any supporting 

17 materials in accordance with this subsection. 

18 (B) CONGRESSIONAL REVIEW PERIOD.— 

19 During the 30-day period beginning on the date 

20 written notice is submitted under subparagraph 

21 (A), the Committee on the Judiciary and the 

22 Select Committee on Intelligence of the Senate 

23 and the Committee on the Judiciary and the 

24 Permanent Select Committee on Intelligence of 

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1 priate, hold hearings and briefings and other2 wise obtain information in order to fully review 

3 the written notice. 

4 (C) LIMITATION ON ACTION DURING CON5 GRESSIONAL REVIEW PERIOD.—Notwith6 standing any other provision of law, and subject 

7 to paragraph (4), unless the Attorney General 

8 and the Director of National Intelligence make 

9 a determination pursuant to section 702(c)(2) 

10 of the Foreign Intelligence Surveillance Act of 

11 1978 (50 U.S.C. 1881a(c)(2)), the Attorney 

12 General and the Director of National Intel13 ligence may not implement the authorization of 

14 the intentional acquisition of abouts commu15 nications before the end of the period described 

16 in subparagraph (B). 

17 (3) WRITTEN NOTICE.—Written notice under 

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

19 (A) A copy of any certification submitted 

20 to the Foreign Intelligence Surveillance Court 

21 pursuant to subsection section 702 of the For22 eign Intelligence Surveillance Act of 1978 (50 

23 U.S.C. 1881a), or amendment thereto, author24 izing the intentional acquisition of abouts com25 munications, including all affidavits, proceVerDate Sep 11 2014 02:25 Nov 30, 2017 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4478.IH H4478

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1 dures, exhibits, and attachments submitted 

2 therewith. 

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

4 Foreign Intelligence Surveillance Court approv5 ing such certification, and any pleadings, appli6 cations, or memoranda of law associated with 

7 such decision, order, or opinion. 

8 (C) A summary of the protections in place 

9 to detect any material breach. 

10 (D) Data or other results of modeling, sim11 ulation, or auditing of sample data dem12 onstrating that any acquisition method involv13 ing the intentional acquisition of abouts com14 munications shall be conducted in accordance 

15 with title VII of the Foreign Intelligence Sur16 veillance Act of 1978 (50 U.S.C. 1881 et seq.), 

17 if such data or other results exist at the time 

18 the written notice is submitted and were pro19 vided to the Foreign Intelligence Surveillance 

20 Court. 

21 (E) Except as provided under paragraph 

22 (4), a statement that no acquisition authorized 

23 under subsection (a) of such section 702 shall 

24 include the intentional acquisition of an abouts 


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1 communication until after the end of the 30-day 

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

3 (4) EXCEPTION FOR EMERGENCY ACQUISI4 TION.— 

5 (A) NOTICE OF DETERMINATION.—If the 

6 Attorney General and the Director of National 

7 Intelligence make a determination pursuant to 

8 section 702(c)(2) of the Foreign Intelligence 

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

10 1881a(c)(2)) with respect to the intentional ac11 quisition of abouts communications, the Attor12 ney General and the Director of National Intel13 ligence shall notify the Committee on the Judi14 ciary and the Select Committee on Intelligence 

15 of the Senate and the Committee on the Judici16 ary and the Permanent Select Committee on 

17 Intelligence of the House of Representatives as 

18 soon as practicable, but not later than 7 days 

19 after the determination is made. 

20 (B) IMPLEMENTATION OR CONTINU21 ATION.— 

22 (i) IN GENERAL.—If the Foreign In23 telligence Surveillance Court approves a 

24 certification that authorizes the intentional 

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1 fore the end of the 30-day period described 

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

3 and the Director of National Intelligence 

4 may authorize the immediate implementa5 tion or continuation of that certification if 

6 the Attorney General and the Director of 

7 National Intelligence jointly determine that 

8 exigent circumstances exist such that with9 out such immediate implementation or con10 tinuation intelligence important to the na11 tional security of the United States may be 

12 lost or not timely acquired. 

13 (ii) NOTICE.—The Attorney General 

14 and Director of National Intelligence shall 

15 submit to the Committee on the Judiciary 

16 and the Select Committee on Intelligence 

17 of the Senate and the Committee on the 

18 Judiciary and the Permanent Select Com19 mittee on Intelligence of the House of Rep20 resentatives notification of a determination 

21 pursuant to clause (i) as soon as prac22 ticable, but not later than 3 days after the 

23 determination is made. 


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1 (5) REPORTING OF MATERIAL BREACH.—Sub2 section (m) of section 702 (50 U.S.C. 1881a), as re3 designated by section 201, is amended— 

4 (A) in the heading by striking ‘‘AND RE5 VIEWS’’ and inserting ‘‘REVIEWS, AND REPORT6 ING’’; and 

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

8 paragraph: 

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

10 ‘‘(A) IN GENERAL.—The head of each ele11 ment of the intelligence community involved in 

12 the acquisition of abouts communications shall 

13 fully and currently inform the Committees on 

14 the Judiciary of the House of Representatives 

15 and the Senate and the congressional intel16 ligence committees of a material breach. 

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

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

19 means a communication that contains ref20 erence to, but is not to or from, a facility, 

21 a place, premises, or property at which an 

22 acquisition authorized under subsection (a) 

23 is directed or conducted. 

24 ‘‘(ii) The term ‘material breach’ 

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1 plicable law or an order of the Foreign In2 telligence Surveillance Court concerning 

3 any acquisition of abouts communica4 tions.’’. 

5 (6) APPOINTMENT OF AMICI CURIAE BY FOR6 EIGN INTELLIGENCE SURVEILLANCE COURT.—For 

7 purposes of section 103(i)(2)(A) of the Foreign In8 telligence Surveillance Act of 1978 (50 U.S.C. 

9 1803(i)(2)(A)), the Foreign Intelligence Surveillance 

10 Court shall treat the first certification under section 

11 702(g) of such Act (50 U.S.C. 1881a(g)) or amend12 ment thereto that authorizes the acquisition of 

13 abouts communications as presenting a novel or sig14 nificant interpretation of the law, unless the court 

15 determines otherwise. 

16 SEC. 204. PUBLICATION OF MINIMIZATION PROCEDURES 

17 UNDER SECTION 702. 

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

19 adding at the end the following new paragraph: 

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

21 Intelligence, in consultation with the Attorney Gen22 eral, shall— 

23 ‘‘(A) conduct a declassification review of 

24 any minimization procedures adopted or amend25 ed in accordance with paragraph (1); and 


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

2 later than 180 days after conducting such re3 view, make such minimization procedures pub4 licly available to the greatest extent practicable, 

5 which may be in redacted form.’’. 

6 SEC. 205. COMPENSATION OF AMICI CURIAE AND TECH7 NICAL EXPERTS. 

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

9 amended by adding at the end the following: 

10 ‘‘(11) COMPENSATION.—Notwithstanding any 

11 other provision of law, a court established under 

12 subsection (a) or (b) may compensate an amicus cu13 riae appointed under paragraph (2) for assistance 

14 provided under such paragraph as the court con15 siders appropriate and at such rate as the court con16 siders appropriate.’’. 

17 SEC. 206. ADDITIONAL REPORTING REQUIREMENTS. 

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

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

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

21 ‘‘(a) ANNUAL REPORT.—In April of each year, the 

22 Attorney General shall transmit to the Administrative Of23 fice of the United States Courts and to the congressional 

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1 port setting forth with respect to the preceding calendar 

2 year— 

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

4 orders and extensions of orders approving electronic 

5 surveillance under this title; 

6 ‘‘(2) the total number of such orders and exten7 sions either granted, modified, or denied; and 

8 ‘‘(3) the total number of persons who were sub9 ject to electronic surveillance conducted under an 

10 order or emergency authorization under this title, 

11 rounded to the nearest 500, including the number of 

12 such individuals who are United States persons, re13 ported to the nearest band of 500, starting with 0– 

14 499. 

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

16 be submitted in unclassified form, to the extent consistent 

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

18 on which the Attorney General submits each such report, 

19 the Attorney General shall make the report publicly avail20 able, or, if the Attorney General determines that the re21 port cannot be made publicly available consistent with na22 tional security, the Attorney General may make publicly 

23 available an unclassified summary of the report or a re24 dacted version of the report.’’. 


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1 (b) PEN REGISTERS AND TRAP AND TRACE DE2 VICES.—Section 406 (50 U.S.C. 1846) is amended— 

3 (1) in subsection (b)— 

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

5 and inserting a semicolon; 

6 (B) in paragraph (5), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

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

9 paragraph: 

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

11 of subjects who were targeted by the installation and 

12 use of a pen register or trap and trace device under 

13 an order or emergency authorization issued under 

14 this title, rounded to the nearest 500, including— 

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

16 United States persons, reported to the nearest 

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

18 ‘‘(B) of the number of United States per19 sons described in subparagraph (A), the num20 ber of persons whose information acquired pur21 suant to such order was reviewed or accessed by 

22 a Federal officer, employee, or agent, reported 

23 to the nearest band of 500, starting with 0– 

24 499.’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(c) Each report under subsection (b) shall be sub4 mitted in unclassified form, to the extent consistent with 

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

6 which the Attorney General submits such a report, the At7 torney General shall make the report publicly available, 

8 or, if the Attorney General determines that the report can9 not be made publicly available consistent with national se10 curity, the Attorney General may make publicly available 

11 an unclassified summary of the report or a redacted 

12 version of the report.’’. 

13 SEC. 207. PROCEDURES REGARDING DISSEMINATION OF 

14 NONPUBLICLY AVAILABLE INFORMATION 

15 CONCERNING UNITED STATES PERSONS. 

16 (a) PROCEDURES.— 

17 (1) IN GENERAL.—Title V of the National Se18 curity Act of 1947 (50 U.S.C. 3091 et seq.) is 

19 amended by adding at the end the following new sec20 tion: 

21 ‘‘SEC. 512. PROCEDURES REGARDING DISSEMINATION OF 

22 NONPUBLICLY AVAILABLE INFORMATION 

23 CONCERNING UNITED STATES PERSONS. 

24 ‘‘(a) PROCEDURES.—The head of each element of the 

25 intelligence community, in consultation with the Director 


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1 of National Intelligence, shall develop and maintain proce2 dures for that element to respond to covered requests. 

3 ‘‘(b) REQUIREMENTS.—The procedures under sub4 section (a) shall ensure, at a minimum, the following: 

5 ‘‘(1) The originating element documents in 

6 writing each covered request received by the element, 

7 including— 

8 ‘‘(A) the name or title of the individual of 

9 the requesting element who is making the re10 quest; 

11 ‘‘(B) the name or title of each individual 

12 who will receive the United States person iden13 tity information sought by the covered request; 

14 and 

15 ‘‘(C) a fact-based justification describing 

16 why such United States person identity infor17 mation is required by each individual described 

18 in subparagraph (B) to carry out the duties of 

19 the individual. 

20 ‘‘(2) A covered request may only be approved 

21 by the head of the originating element or by officers 

22 or employees of such element to whom the head has 

23 specifically delegated such authority. 


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1 ‘‘(3) The originating element retains records on 

2 covered requests, including the disposition of such 

3 requests, for not less than 5 years. 

4 ‘‘(4) The records described in paragraph (3) in5 clude, with respect to approved covered requests, the 

6 name or title of the individual of the originating ele7 ment who approved such request. 

8 ‘‘(5) The procedures include an exception 

9 that— 

10 ‘‘(A) allows for the immediate disclosure of 

11 United States person identity information in 

12 the event of exigent circumstances or where a 

13 delay could result in the loss of intelligence; and 

14 ‘‘(B) requires that promptly after such dis15 closure the requesting element makes a covered 

16 request with respect to such information. 

17 ‘‘(6) If a covered request is made during a pe18 riod beginning on the date of a general election for 

19 President and ending on the date on which such 

20 President is inaugurated— 

21 ‘‘(A) the documentation under paragraph 

22 (1) includes whether— 

23 ‘‘(i) the individual of a requesting ele24 ment who is making the request knows or 

25 believes that any United States person 


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1 identity sought by the request is of an in2 dividual who is a member of the transition 

3 team of the President-elect and Vice-Presi4 dent-elect; or 

5 ‘‘(ii) based on the intelligence commu6 nity report to which the request pertains, 

7 the originating element knows or reason8 ably believes that any United States person 

9 identity sought by the request is of an in10 dividual who is a member of the transition 

11 team of the President-elect and Vice-Presi12 dent-elect; 

13 ‘‘(B) the approval made pursuant to para14 graph (2) of a covered request that contains a 

15 United States person identity described in sub16 paragraph (A) is subject to the concurrence of 

17 the general counsel of the originating element 

18 (or, in the absence of the general counsel, the 

19 first assistant general counsel) that the dissemi20 nation of such identity information is in accord21 ance with the procedures under subsection (a); 

22 and 

23 ‘‘(C) consistent with due regard for the 

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1 ligence sources and methods or other exception2 ally sensitive matters, the head of the origi3 nating element notifies the chairmen and rank4 ing minority members of the congressional in5 telligence committees of any approval described 

6 in subparagraph (B) by not later than 14 days 

7 after the date of such approval. 

8 ‘‘(c) ANNUAL REPORTS.—Not later than April 30 of 

9 each year, the head of each element of the intelligence 

10 community shall submit to the congressional intelligence 

11 committees a report documenting, with respect to the year 

12 covered by the report— 

13 ‘‘(1) the total number of covered requests re14 ceived by that element; 

15 ‘‘(2) of such total number, the number of re16 quests approved; 

17 ‘‘(3) of such total number, the number of re18 quests denied; and 

19 ‘‘(4) for each number calculated under para20 graphs (1) through (3), the number listed by each 

21 requesting element. 

22 ‘‘(d) CERTAIN PROCEDURES REGARDING CONGRES23 SIONAL IDENTITY INFORMATION.— 

24 ‘‘(1) REQUIREMENTS.—With respect to the dis25 semination of congressional identity information, the 


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1 head of each element of the intelligence community 

2 shall carry out this section in accordance with annex 

3 A of Intelligence Community Directive 112, or suc4 cessor annex or directive. 

5 ‘‘(2) NOTIFICATION.—The Director of National 

6 Intelligence may not modify or supersede annex A of 

7 Intelligence Community Directive 112, or successor 

8 annex or directive, unless— 

9 ‘‘(A) the Director notifies the congressional 

10 intelligence committees of the proposed modi11 fications or new annex or directive; and 

12 ‘‘(B) a period of 30 days elapses following 

13 such notification. 

14 ‘‘(e) EFFECT ON MINIMIZATION PROCEDURES.—The 

15 requirements of this section are in addition to any mini16 mization procedures established pursuant to the Foreign 

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

18 seq.), Executive Order No. 12333 (50 U.S.C. 3001 note), 

19 or successor order, or other relevant provision of law or 

20 Executive order. 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘covered request’ means a re23 quest by a requesting element to an originating ele24 ment for nonpublic identifying information with re25 spect to a known unconsenting United States person 


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1 that was omitted from an intelligence community re2 port disseminated by the originating element. 

3 ‘‘(2) The term ‘originating element’ means an 

4 element of the intelligence community that dissemi5 nates an intelligence community report that contains 

6 a reference to a known unconsenting United States 

7 person but omits nonpublic identifying information 

8 with respect to such person. 

9 ‘‘(3) The term ‘requesting element’ means an 

10 element of the United States Government that re11 ceives an intelligence community report from an 

12 originating element and makes a covered request 

13 with respect to such report. 

14 ‘‘(4) The term ‘United States person’ has the 

15 meaning given the term in section 101 of the For16 eign Intelligence Surveillance Act of 1978 (50 

17 U.S.C. 1801).’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents in the first section of the National Security 

20 Act of 1947 is amended by inserting after the item 

21 relating to section 511 the following new item: 

‘‘Sec. 512. Procedures regarding dissemination of nonpublicly available information concerning United States persons.’’. 

22 (b) DEVELOPMENT OF PROCEDURES.—The head of 

23 each element of the intelligence community shall develop 

24 the procedures required by section 512(a) of the National 


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1 Security Act of 1947, as added by subsection (a)(1), by 

2 not later than 90 days after the date of the enactment 

3 of this Act. 

4 (c) REPORT.—Not later than December 31, 2018, the 

5 Director of National Intelligence shall submit to the Per6 manent Select Committee on Intelligence of the House of 

7 Representatives and the Select Committee on Intelligence 

8 of the Senate a report assessing the compliance with the 

9 procedures required by section 512(a) of the National Se10 curity Act of 1947, as added by subsection (a)(1). 

11 SEC. 208. IMPROVEMENTS TO PRIVACY AND CIVIL LIB12 ERTIES OVERSIGHT BOARD. 

13 (a) APPOINTMENT OF STAFF.—Subsection (j) of sec14 tion 1061 of the Intelligence Reform and Terrorism Pre15 vention Act of 2004 (42 U.S.C. 2000ee(j)) is amended— 

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

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

18 (2) by inserting after paragraph (1) the fol19 lowing new paragraph: 

20 ‘‘(2) APPOINTMENT IN ABSENCE OF CHAIR21 MAN.—If the position of chairman of the Board is 

22 vacant, during the period of the vacancy, the Board, 

23 at the direction of the unanimous vote of the serving 

24 members of the Board, may exercise the authority of 

25 the chairman under paragraph (1).’’. 


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

2 U.S.C. 2000ee(f)) is amended— 

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

4 ‘‘The Board’’; 

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

6 inserting ‘‘shall make its’’; and 

7 (3) in paragraph (2)— 

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

9 ‘‘shall hold public’’; and 

10 (B) by inserting before the period at the 

11 end the following: ‘‘, but may, notwithstanding 

12 section 552b of title 5, United States Code, 

13 meet or otherwise communicate in any number 

14 to confer or deliberate in a manner that is 

15 closed to the public’’. 

16 SEC. 209. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

17 Section 1062(a) of the Intelligence Reform and Ter18 rorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(a)) 

19 is amended by inserting ‘‘, the Director of the National 

20 Security Agency, the Director of the Federal Bureau of 

21 Investigation’’ after ‘‘the Director of the Central Intel22 ligence Agency’’. 


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1 TITLE III—EXTENSION OF AU2 THORITIES, INCREASED PEN3 ALTIES, REPORTS, AND 

4 OTHER MATTERS 

5 SEC. 301. EXTENSION OF TITLE VII OF FISA; EFFECTIVE 

6 DATES. 

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

8 Amendments Act of 2008 (Public Law 110–261; 122 Stat. 

9 2474) is amended— 

10 (1) in paragraph (1)— 

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

12 inserting ‘‘December 31, 2021’’; and 

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

14 Amendments Reauthorization Act of 2017’’ 

15 after ‘‘section 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, 2021’’. 

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

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

21 122 Stat. 2476), as amended by section 201, is further 

22 amended— 

23 (1) in paragraph (1)— 


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1 (A) in the heading, by striking ‘‘DECEM2 BER 31, 2017’’ and inserting ‘‘DECEMBER 31, 

3 2021’’; and 

4 (B) by inserting ‘‘and by the FISA 

5 Amendments Reauthorization Act of 2017’’ 

6 after ‘‘section 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 

13 2017’’ after ‘‘as added by section 101(a)’’ both 

14 places it appears; and 

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

16 Amendments Reauthorization Act of 2017’’ 

17 after ‘‘as amended by section 101(a)’’ both 

18 places it appears. 

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

20 The amendments made to the FISA Amendments Act of 

21 2008 (Public Law 110–261) by this section shall take ef22 fect on the earlier of the date of the enactment of this 

23 Act or December 31, 2017. 


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1 SEC. 302. 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 

6 years’’. 

7 SEC. 303. COMPTROLLER GENERAL STUDY ON THE CLASSI8 FICATION SYSTEM AND PROTECTION OF 

9 CLASSIFIED INFORMATION. 

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

11 States shall conduct a study of the classification system 

12 of the United States and the methods by which the intel13 ligence community (as defined in section 3(4) of the Na14 tional Security Act of 1947 (50 U.S.C. 3003(4))) protects 

15 classified information. 

16 (b) MATTERS INCLUDED.—The study under sub17 section (a) shall address the following: 

18 (1) Whether sensitive information is properly 

19 classified. 

20 (2) The effect of modern technology on the 

21 storage and protection of classified information, in22 cluding with respect to— 

23 (A) using cloud storage for classified infor24 mation; and 

25 (B) any technological means to prevent or 

26 detect unauthorized access to such information. 


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1 (3) Any ways to improve the classification sys2 tem of the United States, including with respect to 

3 changing the levels of classification used in such sys4 tem and to reduce overclassification. 

5 (4) How to improve the authorized sharing of 

6 classified information, including with respect to sen7 sitive compartmented information. 

8 (5) The value of polygraph tests in determining 

9 who is authorized to access classified information 

10 and in investigating unauthorized disclosures of clas11 sified information. 

12 (6) Whether each element of the intelligence 

13 community— 

14 (A) applies uniform standards in deter15 mining who is authorized to access classified in16 formation; and 

17 (B) provides proper training with respect 

18 to the handling of classified information and 

19 the avoidance of overclassification. 

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

21 of the enactment of this Act, the Comptroller General shall 

22 submit to the Committee on the Judiciary and the Perma23 nent Select Committee on Intelligence of the House of 

24 Representatives and the Committee on the Judiciary and 


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1 the Select Committee on Intelligence of the Senate a re2 port containing the study under subsection (a). 

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

4 submitted in unclassified form, but may include a classi5 fied annex. 

6 SEC. 304. TECHNICAL AMENDMENTS AND AMENDMENTS TO 

7 IMPROVE PROCEDURES OF THE FOREIGN IN8 TELLIGENCE SURVEILLANCE COURT OF RE9 VIEW. 

10 (a) TECHNICAL AMENDMENTS.—The Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 

12 is amended as follows: 

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

14 striking ‘‘designate as the’’ and inserting ‘‘des15 ignated as the’’. 

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

17 1822(a)(1)(A)(iii)), by striking ‘‘paragraphs (1) 

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

19 through (D)’’. 

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

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

22 the House of Representatives and the Senate’’. 

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

24 (A) in paragraph (1)(D), by striking ‘‘con25 tents’’ and inserting ‘‘contents,’’; and 


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

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

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

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

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

6 and 

7 (B) in subsection (b)— 

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

9 the subsection heading; and 

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

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

12 U.S.C. 3003(4))’’. 

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

14 1881a(h)(2)(A)(i)), as redesignated by section 201, 

15 by inserting ‘‘targeting’’ before ‘‘procedures in 

16 place’’. 

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

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

19 U.S.C. 3003(4))’’. 

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

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

22 seq.) is further amended as follows: 

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

24 (A) in subsection (b), by striking ‘‘imme25 diately’’; and 


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1 (B) in subsection (h), by striking ‘‘the 

2 court established under subsection (a)’’ and in3 serting ‘‘a court established under this section’’. 

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

5 adding at the end the following new paragraph: 

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

7 104 may be reviewed as provided in section 103.’’. 

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

9 striking ‘‘immediately’’. 

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

11 adding at the end the following new paragraph: 

12 ‘‘(3) A denial of the application made under this sub13 section may be reviewed as provided in section 103.’’. 

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

15 adding at the end the following new paragraph: 

16 ‘‘(3) A denial of the application made under sub17 section (a)(2) may be reviewed as provided in section 

18 103.’’. 

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

20 adding at the end the following new paragraph: 

21 ‘‘(4) A denial of the application made under 

22 this subsection may be reviewed as provided in sec23 tion 103.’’. 


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1 SEC. 305. SEVERABILITY. 

2 If any provision of this Act, any amendment made 

3 by this Act, or the application thereof to any person or 

4 circumstance is held invalid, the validity of the remainder 

5 of the Act, of any such amendments, and of the applica6 tion of such provisions to other persons and circumstances 

7 shall not be affected thereby. 

Æ 


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