II 

115TH CONGRESS 

1ST SESSION S. 1997 

To amend the Foreign Intelligence Surveillance Act of 1978 to protect privacy 

rights, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 24, 2017 

Mr. WYDEN (for himself, Mr. PAUL, Mr. UDALL, Ms. BALDWIN, Mr. HEINRICH, Ms. HIRONO, Mr. MERKLEY, Mr. MARKEY, Mr. SANDERS, Ms. 

WARREN, Mr. TESTER, Mr. HELLER, Mr. LEE, and Mr. DAINES) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Foreign Intelligence Surveillance Act of 1978 

to protect privacy rights, 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 ‘‘Uniting and Strengthening America by Reforming and 

6 Improving the Government’s High-Tech Surveillance Act 

7 of 2017’’ or the ‘‘USA RIGHTS Act of 2017’’. 

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

9 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

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

to conduct warrantless queries for the communications of 

United States persons and persons inside the United States. 

Sec. 3. Prohibition on reverse targeting under certain authorities of the Foreign 

Intelligence Surveillance Act of 1978. 

Sec. 4. Prohibition on acquisition, pursuant to certain FISA authorities to target certain persons outside the United States, of communications that do not include persons targeted under such authorities. 

Sec. 5. Prohibition on acquisition of entirely domestic communications under 

authorities to target certain persons outside the United States. 

Sec. 6. Limitation on use of information obtained under certain authority of 

Foreign Intelligence Surveillance Act of 1978 relating to 

United States persons. 

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

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

of 1978. 

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

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

and the FISA Court of Review. 

Sec. 11. Grounds for determining injury in fact in civil action relating to surveillance under certain provisions of Foreign Intelligence Surveillance Act of 1978. 

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

Intelligence Surveillance Court of Review. 

Sec. 13. Clarification regarding treatment of information acquired under Foreign Intelligence Surveillance Act of 1978. 

Sec. 14. Limitation on technical assistance from electronic communication service providers under the Foreign Intelligence Surveillance Act of 

1978. 

Sec. 15. Modification of authorities for public reporting by persons subject to 

nondisclosure requirement accompanying order under Foreign 

Intelligence Surveillance Act of 1978. 

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

the United States under certain Foreign Intelligence Surveillance Act of 1978 authority. 

Sec. 17. Repeal of nonapplicability to Federal Bureau of Investigation of certain reporting requirements under Foreign Intelligence Surveillance Act of 1978. 

Sec. 18. Publication of estimates regarding communications collected under certain provision of Foreign Intelligence Surveillance Act of 1978. 

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


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1 SEC. 2. CLARIFICATION ON PROHIBITION ON QUERYING OF 

2 COLLECTIONS OF COMMUNICATIONS TO 

3 CONDUCT WARRANTLESS QUERIES FOR THE 

4 COMMUNICATIONS OF UNITED STATES PER5 SONS AND PERSONS INSIDE THE UNITED 

6 STATES. 

7 Section 702(b) of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1881a(b)) is amended— 

9 (1) by redesignating paragraphs (1) through 

10 (5) as subparagraphs (A) through (E), respectively, 

11 and indenting such subparagraphs, as so redesig12 nated, an additional two ems from the left margin; 

13 (2) by striking ‘‘An acquisition’’ and inserting 

14 the following: 

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

16 (3) by adding at the end the following: 

17 ‘‘(2) CLARIFICATION ON PROHIBITION ON

18 QUERYING OF COLLECTIONS OF COMMUNICATIONS

19 OF UNITED STATES PERSONS AND PERSONS INSIDE

20 THE UNITED STATES.— 

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

22 subparagraphs (B) and (C), no officer or em23 ployee of the United States may conduct a 

24 query of information acquired under this sec25 tion in an effort to find communications of or 


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1 about a particular United States person or a 

2 person inside the United States. 

3 ‘‘(B) CONCURRENT AUTHORIZATION AND

4 EXCEPTION FOR EMERGENCY SITUATIONS.— 

5 Subparagraph (A) shall not apply to a query for 

6 communications related to a particular United 

7 States person or person inside the United 

8 States if— 

9 ‘‘(i) such United States person or per10 son inside the United States is the subject 

11 of an order or emergency authorization au12 thorizing electronic surveillance or physical 

13 search under section 105, 304, 703, 704, 

14 or 705 of this Act, or under title 18, 

15 United States Code, for the effective period 

16 of that order; 

17 ‘‘(ii) the entity carrying out the query 

18 has a reasonable belief that the life or safe19 ty of such United States person or person 

20 inside the United States is threatened and 

21 the information is sought for the purpose 

22 of assisting that person; 

23 ‘‘(iii) such United States person or 

24 person in the United States is a corpora25 tion; or 


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1 ‘‘(iv) such United States person or 

2 person inside the United States has con3 sented to the query. 

4 ‘‘(C) QUERIES OF FEDERATED DATA SETS

5 AND MIXED DATA.—If an officer or employee of 

6 the United States conducts a query of a data 

7 set, or of federated data sets, that includes any 

8 information acquired under this section, the 

9 system shall be configured not to return such 

10 information unless the officer or employee en11 ters a code or other information indicating 

12 that— 

13 ‘‘(i) the person associated with the 

14 search term is not a United States person 

15 or person inside the United States; or 

16 ‘‘(ii) if the person associated with the 

17 search term is a United States person or 

18 person inside the United States, one or 

19 more of the conditions of subparagraph 

20 (B) are satisfied. 

21 ‘‘(D) MATTERS RELATING TO EMERGENCY

22 QUERIES.— 

23 ‘‘(i) TREATMENT OF DENIALS.—In 

24 the event that a query for communications 

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1 son or a person inside the United States is 

2 conducted pursuant to an emergency au3 thorization authorizing electronic surveil4 lance or a physical search described in sub5 section (B)(i) and the application for such 

6 emergency authorization is denied, or in 

7 any other case in which the query has been 

8 conducted and no order is issued approving 

9 the query— 

10 ‘‘(I) no information obtained or 

11 evidence derived from such query may 

12 be received in evidence or otherwise 

13 disclosed in any trial, hearing, or 

14 other proceeding in or before any 

15 court, grand jury, department, office, 

16 agency, regulatory body, legislative 

17 committee, or other authority of the 

18 United States, a State, or political 

19 subdivision thereof; and 

20 ‘‘(II) no information concerning 

21 any United States person acquired 

22 from such query may subsequently be 

23 used or disclosed in any other manner 

24 by Federal officers or employees with25 out the consent of such person, except 


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1 with the approval of the Attorney 

2 General if the information indicates a 

3 threat of death or serious bodily harm 

4 to any person. 

5 ‘‘(ii) ASSESSMENT OF COMPLIANCE.— 

6 The Attorney General shall assess compli7 ance with the requirements under clause 

8 (i).’’. 

9 SEC. 3. PROHIBITION ON REVERSE TARGETING UNDER 

10 CERTAIN AUTHORITIES OF THE FOREIGN IN11 TELLIGENCE SURVEILLANCE ACT OF 1978. 

12 Section 702 of the Foreign Intelligence Surveillance 

13 Act of 1978 (50 U.S.C. 1881a), as amended by section 

14 2, is further amended— 

15 (1) in subsection (b)(1)(B), as redesignated by 

16 section 2, by striking ‘‘the purpose of such acquisi17 tion is to target’’ and inserting ‘‘a significant pur18 pose of such acquisition is to acquire the commu19 nications of’’; 

20 (2) in subsection (d)(1)(A)— 

21 (A) by striking ‘‘ensure that’’ and insert22 ing the following: ‘‘ensure— 

23 ‘‘(i) that’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(ii) that an application is filed under 

2 title I, if otherwise required, when a sig3 nificant purpose of an acquisition author4 ized under subsection (a) is to acquire the 

5 communications of a particular, known 

6 person reasonably believed to be located in 

7 the United States; and’’; 

8 (3) in subsection (g)(2)(A)(i)(I)— 

9 (A) by striking ‘‘ensure that’’ and insert10 ing the following: ‘‘ensure— 

11 ‘‘(aa) that’’; and 

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

13 ‘‘(bb) that an application is 

14 filed under title I, if otherwise re15 quired, when a significant pur16 pose of an acquisition authorized 

17 under subsection (a) is to acquire 

18 the communications of a par19 ticular, known person reasonably 

20 believed to be located in the 

21 United States; and’’; and 

22 (4) in subsection (i)(2)(B)(i)— 

23 (A) by striking ‘‘ensure that’’ and insert24 ing the following: ‘‘ensure— 

25 ‘‘(I) that’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(II) that an application is filed 

3 under title I, if otherwise required, 

4 when a significant purpose of an ac5 quisition authorized under subsection 

6 (a) is to acquire the communications 

7 of a particular, known person reason8 ably believed to be located in the 

9 United States; and’’. 

10 SEC. 4. PROHIBITION ON ACQUISITION, PURSUANT TO CER11 TAIN FISA AUTHORITIES TO TARGET CER12 TAIN PERSONS OUTSIDE THE UNITED 

13 STATES, OF COMMUNICATIONS THAT DO NOT 

14 INCLUDE PERSONS TARGETED UNDER SUCH 

15 AUTHORITIES. 

16 Section 702(b)(1) of the Foreign Intelligence Surveil17 lance Act of 1978, as redesignated by section 2, is amend18 ed— 

19 (1) in subparagraph (D), as redesignated by 

20 section 2, by striking ‘‘; and’’ and inserting a semi21 colon; 

22 (2) by redesignating subparagraph (E) as sub23 paragraph (G); and 

24 (3) by inserting after subparagraph (D) the fol25 lowing: 


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1 ‘‘(E) may not acquire a communication as 

2 to which no participant is a person who is tar3 geted pursuant to the authorized acquisition;’’. 

4 SEC. 5. PROHIBITION ON ACQUISITION OF ENTIRELY DO5 MESTIC COMMUNICATIONS UNDER AUTHORI6 TIES TO TARGET CERTAIN PERSONS OUTSIDE 

7 THE UNITED STATES. 

8 Section 702(b)(1) of the Foreign Intelligence Surveil9 lance Act of 1978, as redesignated by section 2 and 

10 amended by section 4, is further amended by inserting 

11 after subparagraph (E), as added by section 4, the fol12 lowing: 

13 ‘‘(F) may not acquire communications 

14 known to be entirely domestic; and’’. 

15 SEC. 6. LIMITATION ON USE OF INFORMATION OBTAINED 

16 UNDER CERTAIN AUTHORITY OF FOREIGN IN17 TELLIGENCE SURVEILLANCE ACT OF 1978 RE18 LATING TO UNITED STATES PERSONS. 

19 Section 706(a) of the Foreign Intelligence Surveil20 lance Act of 1978 (50 U.S.C. 1881e(a)) is amended— 

21 (1) by striking ‘‘Information acquired’’ and in22 serting the following: 

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

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


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1 ‘‘(2) LIMITATION ON USE IN CRIMINAL, CIVIL, 

2 AND ADMINISTRATIVE PROCEEDINGS AND INVES3 TIGATIONS.—No communication to or from, or infor4 mation about, a person acquired under section 702 

5 who is either a United States person or is located in 

6 the United States may be introduced as evidence 

7 against the person in any criminal, civil, or adminis8 trative proceeding or used as part of any criminal, 

9 civil, or administrative investigation, except— 

10 ‘‘(A) with the prior approval of the Attor11 ney General; and 

12 ‘‘(B) in a proceeding or investigation in 

13 which the information is directly related to and 

14 necessary to address a specific threat of— 

15 ‘‘(i) terrorism (as defined in clauses 

16 (i) through (iii) of section 2332(g)(5)(B) 

17 of title 18, United States Code); 

18 ‘‘(ii) espionage (as used in chapter 37 

19 of title 18, United States Code); 

20 ‘‘(iii) proliferation or use of a weapon 

21 of mass destruction (as defined in section 

22 2332a(c) of title 18, United States Code); 

23 ‘‘(iv) a cybersecurity threat from a 

24 foreign country; 


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1 ‘‘(v) incapacitation or destruction of 

2 critical infrastructure (as defined in section 

3 1016(e) of the Uniting and Strengthening 

4 America by Providing Appropriate Tools 

5 Required to Intercept and Obstruct Ter6 rorism (USA PATRIOT ACT) Act of 2001 

7 (42 U.S.C. 5195c(e))); or 

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

9 the United States or an ally of the United 

10 States or to other personnel of the United 

11 States Government or a government of an 

12 ally of the United States.’’. 

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

14 OVERSIGHT BOARD. 

15 (a) INCLUSION OF FOREIGN INTELLIGENCE ACTIVI16 TIES IN OVERSIGHT AUTHORITY OF THE PRIVACY AND

17 CIVIL LIBERTIES OVERSIGHT BOARD.—Section 1061 of 

18 the Intelligence Reform and Terrorism Prevention Act of 

19 2004 (42 U.S.C. 2000ee) is amended— 

20 (1) in subsection (c), by inserting ‘‘and to con21 duct foreign intelligence activities’’ after ‘‘terrorism’’ 

22 each place such term appears; and 

23 (2) in subsection (d), ‘‘and to conduct foreign 

24 intelligence activities’’ after ‘‘terrorism’’ each place 

25 such term appears. 


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1 (b) SUBMISSION OF WHISTLEBLOWER COMPLAINTS

2 TO THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT

3 BOARD.— 

4 (1) IN GENERAL.—Section 1061 of the Intel5 ligence Reform and Terrorism Prevention Act of 

6 2004 (42 U.S.C. 2000ee), as amended by subsection 

7 (a), is further amended— 

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

9 the following: 

10 ‘‘(5) WHISTLEBLOWER COMPLAINTS.— 

11 ‘‘(A) SUBMISSION TO BOARD.—An em12 ployee of, or contractor or detailee to, an ele13 ment of the intelligence community may submit 

14 to the Board a complaint or information that 

15 such employee, contractor, or detailee believes 

16 relates to a privacy or civil liberties concern. 

17 The confidentiality provisions under section 

18 2409(b)(3) of title 10, United States Code, 

19 shall apply to a submission under this subpara20 graph. Any disclosure under this subparagraph 

21 shall be protected against discrimination under 

22 the procedures, burdens of proof, and remedies 

23 set forth in section 2409 of such title. 

24 ‘‘(B) AUTHORITY OF BOARD.—The Board 

25 may take such action as the Board considers 


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1 appropriate with respect to investigating a com2 plaint or information submitted under subpara3 graph (A) or transmitting such complaint or in4 formation to any other Executive agency or the 

5 congressional intelligence committees. 

6 ‘‘(C) RELATIONSHIP TO EXISTING LAWS.— 

7 The authority under subparagraph (A) of an 

8 employee, contractor, or detailee to submit to 

9 the Board a complaint or information shall be 

10 in addition to any other authority under an11 other provision of law to submit a complaint or 

12 information. Any action taken under any other 

13 provision of law by the recipient of a complaint 

14 or information shall not preclude the Board 

15 from taking action relating to the same com16 plaint or information. 

17 ‘‘(D) RELATIONSHIP TO ACTIONS TAKEN

18 UNDER OTHER LAWS.—Nothing in this para19 graph shall prevent— 

20 ‘‘(i) any individual from submitting a 

21 complaint or information to any authorized 

22 recipient of the complaint or information; 

23 or 

24 ‘‘(ii) the recipient of a complaint or 

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1 tion on the complaint or information.’’; 

2 and 

3 (B) by adding at the end the following: 

4 ‘‘(n) DEFINITIONS.—In this section, the terms ‘con5 gressional intelligence committees’ and ‘intelligence com6 munity’ have the meanings given such terms in section 

7 3 of the National Security Act of 1947 (50 U.S.C. 

8 3003).’’. 

9 (2) PROHIBITED PERSONNEL PRACTICES.—Sec10 tion 2302(b)(8)(B) of title 5, United States Code, is 

11 amended, in the matter preceding clause (i), by 

12 striking ‘‘or to the Inspector of an agency or another 

13 employee designated by the head of the agency to re14 ceive such disclosures’’ and inserting ‘‘the Inspector 

15 General of an agency, a supervisor in the employee’s 

16 direct chain of command (up to and including the 

17 head of the employing agency), the Privacy and Civil 

18 Liberties Oversight Board, or an employee des19 ignated by any of the aforementioned individuals for 

20 the purpose of receiving such disclosures’’. 

21 (c) PRIVACY AND CIVIL LIBERTIES OVERSIGHT

22 BOARD SUBPOENA POWER.—Section 1061(g) of the Intel23 ligence Reform and Terrorism Prevention Act of 2004 (42 

24 U.S.C. 2000ee(g)) is amended— 


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

2 written request to the Attorney General of the 

3 United States that the Attorney General’’; 

4 (2) by striking paragraph (2); and 

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

6 paragraphs (2) and (3), respectively. 

7 (d) APPOINTMENT OF STAFF OF THE PRIVACY AND

8 CIVIL LIBERTIES OVERSIGHT BOARD.—Section 1061(j) 

9 of the Intelligence Reform and Terrorism Prevention Act 

10 of 2004 (42 U.S.C. 2000ee(j)) is amended— 

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

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

13 (2) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) APPOINTMENT IN ABSENCE OF CHAIR16 MAN.—If the position of chairman of the Board is 

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

18 at the direction of the majority of the members of 

19 the Board, may exercise the authority of the chair20 man under paragraph (1).’’. 

21 (e) TENURE AND COMPENSATION OF PRIVACY AND

22 CIVIL LIBERTIES OVERSIGHT BOARD MEMBERS AND

23 STAFF.— 

24 (1) IN GENERAL.—Section 1061 of the Intel25 ligence Reform and Terrorism Prevention Act of 


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1 2004 (42 U.S.C. 2000ee), as amended by sub2 sections (a) and (b), is further amended— 

3 (A) in subsection (h)— 

4 (i) in paragraph (1), by inserting 

5 ‘‘full-time’’ after ‘‘4 additional’’; and 

6 (ii) in paragraph (4)(B), by striking 

7 ‘‘, except that’’ and all that follows 

8 through the end and inserting a period; 

9 (B) in subsection (i)(1)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘level III of the Executive Schedule under 

12 section 5314’’ and inserting ‘‘level II of the 

13 Executive Schedule under section 5313’’; 

14 and 

15 (ii) in subparagraph (B), by striking 

16 ‘‘level IV of the Executive Schedule’’ and 

17 all that follows through the end and insert18 ing ‘‘level III of the Executive Schedule 

19 under section 5314 of title 5, United 

20 States Code.’’; and 

21 (C) in subsection (j)(1), by striking ‘‘level 

22 V of the Executive Schedule under section 

23 5316’’ and inserting ‘‘level IV of the Executive 

24 Schedule under section 5315’’. 

25 (2) EFFECTIVE DATE; APPLICABILITY.— 


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1 (A) IN GENERAL.—The amendments made 

2 by paragraph (1)— 

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

4 enactment of this Act; and 

5 (ii) except as provided in paragraph 

6 (2), shall apply to any appointment to a 

7 position as a member of the Privacy and 

8 Civil Liberties Oversight Board made on or 

9 after the date of the enactment of this Act. 

10 (B) EXCEPTIONS.— 

11 (i) COMPENSATION CHANGES.—The 

12 amendments made by subparagraphs 

13 (B)(i) and (C) of paragraph (1) shall take 

14 effect on the first day of the first pay pe15 riod beginning after the date of the enact16 ment of this Act. 

17 (ii) ELECTION TO SERVE FULL TIME

18 BY INCUMBENTS.— 

19 (I) IN GENERAL.—An individual 

20 serving as a member of the Privacy 

21 and Civil Liberties Oversight Board 

22 on the date of the enactment of this 

23 Act, including a member continuing to 

24 serve as a member under section 

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1 form and Terrorism Prevention Act of 

2 2004 (42 U.S.C. 2000ee(h)(4)(B)), 

3 (referred to in this clause as a ‘‘cur4 rent member’’) may make an election 

5 to— 

6 (aa) serve as a member of 

7 the Privacy and Civil Liberties 

8 Oversight Board on a full-time 

9 basis and in accordance with sec10 tion 1061 of the Intelligence Re11 form and Terrorism Prevention 

12 Act of 2004 (42 U.S.C. 2000ee), 

13 as amended by this section; or 

14 (bb) serve as a member of 

15 the Privacy and Civil Liberties 

16 Oversight Board on a part-time 

17 basis in accordance with such 

18 section 1061, as in effect on the 

19 day before the date of the enact20 ment of this Act, including the 

21 limitation on service after the ex22 piration of the term of the mem23 ber under subsection (h)(4)(B) of 

24 such section, as in effect on the 


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1 day before the date of the enact2 ment of this Act. 

3 (II) ELECTION TO SERVE FULL

4 TIME.—A current member making an 

5 election under subclause (I)(aa) shall 

6 begin serving as a member of the Pri7 vacy and Civil Liberties Oversight 

8 Board on a full-time basis on the first 

9 day of the first pay period beginning 

10 not less than 60 days after the date 

11 on which the current member makes 

12 such election. 

13 (f) PROVISION OF INFORMATION ABOUT GOVERN14 MENT ACTIVITIES UNDER THE FOREIGN INTELLIGENCE

15 SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND CIVIL

16 LIBERTIES OVERSIGHT BOARD.—The Attorney General 

17 shall fully inform the Privacy and Civil Liberties Oversight 

18 Board about any activities carried out by the Government 

19 under the Foreign Intelligence Surveillance Act of 1978 

20 (50 U.S.C. 1801 et seq.), including by providing to the 

21 Board— 

22 (1) copies of each detailed report submitted to 

23 a committee of Congress under such Act; and 

24 (2) copies of each decision, order, and opinion 

25 of the Foreign Intelligence Surveillance Court or the 


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1 Foreign Intelligence Surveillance Court of Review re2 quired to be included in the report under section 

3 601(a) of such Act (50 U.S.C. 1871(a)). 

4 SEC. 8. IMPROVED ROLE IN OVERSIGHT OF ELECTRONIC 

5 SURVEILLANCE BY AMICI CURIAE AP6 POINTED BY COURTS UNDER FOREIGN IN7 TELLIGENCE SURVEILLANCE ACT OF 1978. 

8 (a) ROLE OF AMICI CURIAE GENERALLY.— 

9 (1) IN GENERAL.—Section 103(i)(1) of the For10 eign Intelligence Surveillance Act of 1978 (50 

11 U.S.C. 1803(i)(1)) is amended by adding at the end 

12 the following: ‘‘Any amicus curiae designated pursu13 ant to this paragraph may raise any issue with the 

14 Court at any time.’’. 

15 (2) REFERRAL OF CASES FOR REVIEW.—Sec16 tion 103(i) of such Act is amended— 

17 (A) by redesignating paragraphs (5) 

18 through (10) as paragraphs (6) through (11), 

19 respectively; and 

20 (B) by inserting after paragraph (4) the 

21 following: 

22 ‘‘(5) REFERRAL FOR REVIEW.— 

23 ‘‘(A) REFERRAL TO FOREIGN INTEL24 LIGENCE SURVEILLANCE COURT EN BANC.—If 

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1 points an amicus curiae under paragraph 

2 (2)(A) to assist the Court in the consideration 

3 of any matter presented to the Court under this 

4 Act and the Court makes a decision with re5 spect to such matter, the Court, in response to 

6 an application by the amicus curiae or any 

7 other individual designated under paragraph 

8 (1), may refer the decision to the Court en banc 

9 for review as the Court considers appropriate. 

10 ‘‘(B) REFERRAL TO FOREIGN INTEL11 LIGENCE SURVEILLANCE COURT OF REVIEW.— 

12 If the court established under subsection (a) 

13 appoints an amicus curiae under paragraph 

14 (2)(A) to assist the Court in the consideration 

15 of any matter presented to the Court under this 

16 Act and the Court makes a decision with re17 spect to such matter, the Court, in response to 

18 an application by the amicus curiae or any 

19 other individual designated under paragraph (1) 

20 may refer the decision to the court established 

21 under subsection (b) for review as the Court 

22 considers appropriate. 

23 ‘‘(C) REFERRAL TO SUPREME COURT.—If 

24 the Court of Review appoints an amicus curiae 

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1 view in the review of any matter presented to 

2 the Court of Review under this Act or a ques3 tion of law that may affect resolution of a mat4 ter in controversy and the Court of Review 

5 makes a decision with respect to such matter or 

6 question of law, the Court of Review, in re7 sponse to an application by the amicus curiae 

8 or any other individual designated under para9 graph (1) may refer the decision to the Su10 preme Court for review as the Court of Review 

11 considers appropriate. 

12 ‘‘(D) ANNUAL REPORT.—Not later than 60 

13 days after the end of each calendar year, the 

14 Court and the Court of Review shall each pub15 lish, on their respective Internet websites, a re16 port listing— 

17 ‘‘(i) the number of applications for re18 ferral received by the Court or the Court 

19 of Review, as applicable, during the most 

20 recently concluded calendar year; and 

21 ‘‘(ii) the number of such applications 

22 for referral that were granted by the Court 

23 or the Court of Review, as applicable, dur24 ing such calendar year.’’. 


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1 (3) ASSISTANCE.—Section 103(i)(6) of such 

2 Act, as redesignated, is further amended to read as 

3 follows: 

4 ‘‘(6) ASSISTANCE.—Any individual designated 

5 pursuant to paragraph (1) may raise a legal or tech6 nical issue or any other issue with the Court or the 

7 Court of Review at any time. If an amicus curiae is 

8 appointed under paragraph (2)(A)— 

9 ‘‘(A) the court shall notify all other amicus 

10 curiae designated under paragraph (1) of such 

11 appointment; 

12 ‘‘(B) the appointed amicus curiae may re13 quest, either directly or through the court, the 

14 assistance of the other amici curiae designated 

15 under paragraph (1); and 

16 ‘‘(C) all amici curiae designated under 

17 paragraph (1) may provide input to the court 

18 whether or not such input was formally re19 quested by the court or the appointed amicus 

20 curiae.’’. 

21 (4) ACCESS TO INFORMATION.—Section 

22 103(i)(7) of such Act, as redesignated, is further 

23 amended— 

24 (A) in subparagraph (A)— 

25 (i) in clause (i)— 


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1 (I) by striking ‘‘that the court’’ 

2 and inserting the following: ‘‘that— 

3 ‘‘(I) the court’’; and 

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

5 and inserting the following: ‘‘or 

6 ‘‘(II) are cited by the Govern7 ment in an application or case with 

8 respect to which an amicus curiae is 

9 assisting a court under this sub10 section;’’; 

11 (ii) by redesignating clause (ii) as 

12 clause (iii); and 

13 (iii) by inserting after clause (i) the 

14 following: 

15 ‘‘(ii) shall have access to an 

16 unredacted copy of each decision made by 

17 a court established under subsection (a) or 

18 (b) in which the court decides a question 

19 of law, notwithstanding whether the deci20 sion is classified; and’’; 

21 (B) in subparagraph (B), by striking 

22 ‘‘may’’ and inserting ‘‘shall’’; and 

23 (C) in subparagraph (C)— 


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1 (i) in the subparagraph heading, by 

2 striking ‘‘CLASSIFIED INFORMATION’’ and 

3 inserting ‘‘ACCESS TO INFORMATION’’; and 

4 (ii) by striking ‘‘court may have ac5 cess’’ and inserting the following: ‘‘court— 

6 ‘‘(i) shall have access to unredacted 

7 copies of each opinion, order, transcript, 

8 pleading, or other document of the Court 

9 and the Court of Review; and 

10 ‘‘(ii) may have access’’. 

11 (5) PUBLIC NOTICE AND RECEIPT OF BRIEFS

12 FROM THIRD PARTIES.—Section 103(i) of such Act, 

13 as amended by this subsection, is further amended 

14 by adding at the end the following: 

15 ‘‘(12) PUBLIC NOTICE AND RECEIPT OF BRIEFS

16 FROM THIRD PARTIES.—Whenever a court estab17 lished under subsection (a) or (b) considers a novel 

18 a question of law that can be considered without dis19 closing classified information, sources, or methods, 

20 the court shall, to the greatest extent practicable, 

21 consider such question in an open manner— 

22 ‘‘(A) by publishing on its Internet website 

23 each question of law that the court is consid24 ering; and 


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1 ‘‘(B) by accepting briefs from third parties 

2 relating to the question under consideration by 

3 the court.’’. 

4 (b) PARTICIPATION OF AMICI CURIAE IN OVERSIGHT

5 OF AUTHORIZATIONS FOR TARGETING OF CERTAIN PER6 SONS OUTSIDE THE UNITED STATES OTHER THAN

7 UNITED STATES PERSONS.— 

8 (1) IN GENERAL.—Section 702(i)(2) of such 

9 Act (50 U.S.C. 1881a(i)(2)) is amended— 

10 (A) in subparagraph (B), by redesignating 

11 clauses (i) and (ii) as subclauses (I) and (II), 

12 respectively, and adjusting the indentation of 

13 the margin of such subclauses, as so redesig14 nated, two ems to the right; 

15 (B) by redesignating subparagraphs (A) 

16 through (C) as clauses (i) through (iii), respec17 tively, and adjusting the indentation of the 

18 margin of such clauses, as so redesignated, two 

19 ems to the right; 

20 (C) by inserting before clause (i), as redes21 ignated by subparagraph (B), the following: 

22 ‘‘(A) IN GENERAL.—’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(B) PARTICIPATION BY AMICI CURIAE.— 

25 In reviewing a certification under subparagraph 


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1 (A)(i), the Court shall randomly select an ami2 cus curiae designated under section 103(i) to 

3 assist with such review.’’. 

4 (2) SCHEDULE.—Section 702(i)(5)(A) of such 

5 Act is amended by striking ‘‘at least 30 days prior 

6 to the expiration of such authorization’’ and insert7 ing ‘‘such number of days before the expiration of 

8 such authorization as the Court considers necessary 

9 to comply with the requirements of paragraph 

10 (2)(B) or 30 days, whichever is greater’’. 

11 (c) PUBLIC NOTICE OF QUESTIONS OF LAW CER12 TIFIED FOR REVIEW.—Section 103(j) of such Act (50 

13 U.S.C. 1803(j)) is amended— 

14 (1) by striking ‘‘Following’’ and inserting the 

15 following: 

16 ‘‘(1) IN GENERAL.—Following’’; and 

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

18 ‘‘(2) PUBLIC NOTICE.— 

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

20 subparagraph (B), whenever a court established 

21 under subsection (a) certifies a question of law 

22 for review under paragraph (1) of this sub23 section, the court shall publish on its Internet 

24 website— 


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1 ‘‘(i) a notice of the question of law to 

2 be reviewed; and 

3 ‘‘(ii) briefs submitted by the parties, 

4 which may be redacted at the discretion of 

5 the court to protect sources, methods, and 

6 other classified information. 

7 ‘‘(B) PROTECTION OF CLASSIFIED INFOR8 MATION, SOURCES, AND METHODS.—Subpara9 graph (A) shall apply to the greatest extent 

10 practicable, consistent with otherwise applicable 

11 law on the protection of classified information, 

12 sources, and methods.’’. 

13 SEC. 9. REFORMS TO THE FOREIGN INTELLIGENCE SUR14 VEILLANCE COURT. 

15 (a) FISA COURT JUDGES.— 

16 (1) NUMBER AND DESIGNATION OF JUDGES.— 

17 Section 103(a)(1) of the Foreign Intelligence Sur18 veillance Act of 1978 (50 U.S.C. 1803(a)(1)) is 

19 amended to read as follows: 

20 ‘‘(1)(A) There is a court which shall have jurisdiction 

21 to hear applications for and to grant orders approving 

22 electronic surveillance anywhere within the United States 

23 under the procedures set forth in this Act. 

24 ‘‘(B)(i) The court established under subparagraph 

25 (A) shall consist of 13 judges, one of whom shall be desVerDate Sep 11 2014 03:43 Oct 25, 2017 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1997.IS S1997

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1 ignated from each judicial circuit (including the United 

2 States Court of Appeals for the District of Columbia and 

3 the United States Court of Appeals for the Federal Cir4 cuit). 

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

6 ‘‘(I) designate each judge of the court estab7 lished under subparagraph (A) from the nominations 

8 made under subparagraph (C); and 

9 ‘‘(II) make the name of each judge of such 

10 court available to the public. 

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

12 judge of the court established under subparagraph (A) 

13 from a judicial circuit, the chief judge of the circuit shall 

14 propose a district judge for a judicial district within the 

15 judicial circuit to be designated for that position. 

16 ‘‘(ii) If the Chief Justice does not designate a district 

17 judge proposed under clause (i), the chief judge shall pro18 pose 2 other district judges for a judicial district within 

19 the judicial circuit to be designated for that position and 

20 the Chief Justice shall designate 1 such district judge to 

21 that position. 

22 ‘‘(D) No judge of the court established under sub23 paragraph (A) (except when sitting en banc under para24 graph (2)) shall hear the same application for electronic 


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1 surveillance under this Act which has been denied pre2 viously by another judge of such court. 

3 ‘‘(E) If any judge of the court established under sub4 paragraph (A) denies an application for an order author5 izing electronic surveillance under this Act, such judge 

6 shall provide immediately for the record a written state7 ment of each reason for the judge’s decision and, on mo8 tion of the United States, the record shall be transmitted, 

9 under seal, to the court of review established in subsection 

10 (b).’’. 

11 (2) TENURE.—Section 103(d) of such Act is 

12 amended by striking ‘‘redesignation,’’ and all that 

13 follows through the end and inserting ‘‘redesigna14 tion.’’. 

15 (3) IMPLEMENTATION.— 

16 (A) INCUMBENTS.—A district judge des17 ignated to serve on the court established under 

18 subsection (a) of such section before the date of 

19 enactment of this Act may continue to serve in 

20 that position until the end of the term of the 

21 district judge under subsection (d) of such sec22 tion, as in effect on the day before the date of 

23 the enactment of this Act. 

24 (B) INITIAL APPOINTMENT AND TERM.— 

25 Notwithstanding any provision of such section, 


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1 as amended by paragraphs (1) and (2), and not 

2 later than 180 days after the date of enactment 

3 of this Act, the Chief Justice of the United 

4 States shall— 

5 (i) designate a district court judge 

6 who is serving in a judicial district within 

7 the District of Columbia circuit and pro8 posed by the chief judge of such circuit to 

9 be a judge of the court established under 

10 section 103(a) of the Foreign Intelligence 

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

12 1803(a)) for an initial term of 7 years; and 

13 (ii) designate a district court judge 

14 who is serving in a judicial district within 

15 the Federal circuit and proposed by the 

16 chief judge of such circuit to be a judge of 

17 such court for an initial term of 4 years. 

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

19 is amended— 

20 (1) by striking ‘‘The Chief Justice’’ and insert21 ing ‘‘(1) Subject to paragraph (2), the Chief Jus22 tice’’; and 

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

24 ‘‘(2) The Chief Justice may designate a district court 

25 judge or circuit court judge to a position on the court esVerDate Sep 11 2014 03:43 Oct 25, 2017 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1997.IS S1997

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1 tablished under paragraph (1) only if at least 5 associate 

2 justices approve the designation of such individual.’’. 

3 SEC. 10. STUDY AND REPORT ON DIVERSITY AND REP4 RESENTATION ON THE FISA COURT AND THE 

5 FISA COURT OF REVIEW. 

6 (a) STUDY.—The Committee on Intercircuit Assign7 ments of the Judicial Conference of the United States 

8 shall conduct a study on how to ensure judges are ap9 pointed to the court established under subsection (a) of 

10 section 103 of the Foreign Intelligence Surveillance Act 

11 of 1978 (50 U.S.C. 1803) and the court established under 

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

13 such courts are diverse and representative. 

14 (b) REPORT.—Not later than 1 year after the date 

15 of the enactment of this Act, the Committee on Intercir16 cuit Assignments shall submit to Congress a report on the 

17 study carried out under subsection (a). 

18 SEC. 11. GROUNDS FOR DETERMINING INJURY IN FACT IN 

19 CIVIL ACTION RELATING TO SURVEILLANCE 

20 UNDER CERTAIN PROVISIONS OF FOREIGN 

21 INTELLIGENCE SURVEILLANCE ACT OF 1978. 

22 Section 702 of the Foreign Intelligence Surveillance 

23 Act of 1978 (50 U.S.C. 1881a), as amended by sections 

24 2, 3, 4, 5, and 8(b), is further amended by adding at the 

25 end the following: 


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1 ‘‘(m) CHALLENGES TO GOVERNMENT SURVEIL2 LANCE.— 

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

4 action brought in a court of the United States relat5 ing to surveillance conducted under this section, the 

6 person asserting the claim has suffered an injury in 

7 fact if the person— 

8 ‘‘(A) has a reasonable basis to believe that 

9 the person’s communications will be acquired 

10 under this section; and 

11 ‘‘(B) has taken objectively reasonable steps 

12 to avoid surveillance under this section. 

13 ‘‘(2) REASONABLE BASIS.—A person shall be 

14 presumed to have demonstrated a reasonable basis 

15 to believe that the communications of the person will 

16 be acquired under this section if the profession of 

17 the person requires the person regularly to commu18 nicate foreign intelligence information with persons 

19 who— 

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

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

22 ‘‘(3) OBJECTIVE STEPS.—A person shall be pre23 sumed to have taken objectively reasonable steps to 

24 avoid surveillance under this section if the person 

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1 able response to rules of professional conduct or 

2 analogous professional rules.’’. 

3 SEC. 12. CLARIFICATION OF APPLICABILITY OF REQUIRE4 MENT TO DECLASSIFY SIGNIFICANT DECI5 SIONS OF FOREIGN INTELLIGENCE SURVEIL6 LANCE COURT AND FOREIGN INTELLIGENCE 

7 SURVEILLANCE COURT OF REVIEW. 

8 Section 602 of the Foreign Intelligence Surveillance 

9 Act of 1978 (50 U.S.C. 1872) shall apply with respect 

10 to decisions, orders, and opinions described in subsection 

11 (a) of such section that were issued on, before, or after 

12 the date of the enactment of the Uniting and Strength13 ening America by Fulfilling Rights and Ensuring Effective 

14 Discipline Over Monitoring Act of 2015 (Public Law 114– 

15 23). 

16 SEC. 13. CLARIFICATION REGARDING TREATMENT OF IN17 FORMATION ACQUIRED UNDER FOREIGN IN18 TELLIGENCE SURVEILLANCE ACT OF 1978. 

19 (a) DERIVED DEFINED.— 

20 (1) IN GENERAL.—Section 101 of the Foreign 

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

22 1801) is amended by adding at the end the fol23 lowing: 

24 ‘‘(q) For the purposes of notification provisions of 

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1 tronic surveillance, physical search, use of a pen register 

2 or trap and trace device, production of tangible things, 

3 or acquisition under this Act when the Government would 

4 not have originally possessed the information or evidence 

5 but for that electronic surveillance, physical search, use 

6 of a pen register or trap and trace device, production of 

7 tangible things, or acquisition, and regardless of any claim 

8 that the information or evidence is attenuated from the 

9 surveillance or search, would inevitably have been discov10 ered, or was subsequently reobtained through other 

11 means.’’. 

12 (2) POLICIES AND GUIDANCE.— 

13 (A) IN GENERAL.—Not later than 90 days 

14 after the date of the enactment of this Act, the 

15 Attorney General and the Director of National 

16 Intelligence shall publish the following: 

17 (i) Policies concerning the application 

18 of subsection (q) of section 101 of such 

19 Act, as added by paragraph (1). 

20 (ii) Guidance for all members of the 

21 intelligence community (as defined in sec22 tion 3 of the National Security Act of 

23 1947 (50 U.S.C. 3003)) and all Federal 

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1 ities concerning the application of such 

2 subsection. 

3 (B) MODIFICATIONS.—Whenever the At4 torney General and the Director modify a policy 

5 or guidance published under subparagraph (A), 

6 the Attorney General and the Director shall 

7 publish such modifications. 

8 (b) USE OF INFORMATION ACQUIRED UNDER TITLE

9 VII.—Section 706 of such Act (50 U.S.C. 1881e) is 

10 amended— 

11 (1) in subsection (a), by striking ‘‘, except for 

12 the purposes of subsection (j) of such section’’; and 

13 (2) by amending subsection (b) to read as fol14 lows: 

15 ‘‘(b) INFORMATION ACQUIRED UNDER SECTIONS

16 703–705.—Information acquired from an acquisition con17 ducted under section 703, 704, or 705 shall be deemed 

18 to be information acquired from an electronic surveillance 

19 pursuant to title I for the purposes of section 106.’’. 

20 SEC. 14. LIMITATION ON TECHNICAL ASSISTANCE FROM 

21 ELECTRONIC COMMUNICATION SERVICE 

22 PROVIDERS UNDER THE FOREIGN INTEL23 LIGENCE SURVEILLANCE ACT OF 1978. 

24 Section 702(h)(1) of the Foreign Intelligence Surveil25 lance Act of 1978 (50 U.S.C. 1881a(h)(1)) is amended— 


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1 (1) by redesignating subparagraphs (A) and 

2 (B) as clauses (i) and (ii), respectively, and moving 

3 such clauses 2 ems to the right; 

4 (2) by striking ‘‘With respect to’’ and inserting 

5 the following: 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), in carrying out’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(B) LIMITATIONS.—The Attorney Gen10 eral or the Director of National Intelligence 

11 may not request assistance from an electronic 

12 communication service provider under subpara13 graph (A) without demonstrating, to the satis14 faction of the Court, that the assistance 

15 sought— 

16 ‘‘(i) is necessary; 

17 ‘‘(ii) is narrowly tailored to the sur18 veillance at issue; and 

19 ‘‘(iii) would not pose an undue burden 

20 on the electronic communication service 

21 provider or its customers who are not an 

22 intended target of the surveillance. 

23 ‘‘(C) COMPLIANCE.—An electronic commu24 nication service provider is not obligated to 


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1 comply with a directive to provide assistance 

2 under this paragraph unless— 

3 ‘‘(i) such assistance is a manner or 

4 method that has been explicitly approved 

5 by the Court; and 

6 ‘‘(ii) the Court issues an order, which 

7 has been delivered to the provider, explic8 itly describing the assistance to be fur9 nished by the provider that has been ap10 proved by the Court.’’. 

11 SEC. 15. MODIFICATION OF AUTHORITIES FOR PUBLIC RE12 PORTING BY PERSONS SUBJECT TO NON13 DISCLOSURE REQUIREMENT ACCOMPANYING 

14 ORDER UNDER FOREIGN INTELLIGENCE SUR15 VEILLANCE ACT OF 1978. 

16 (a) MODIFICATION OF AGGREGATION BANDING.— 

17 Subsection (a) of section 604 of the Foreign Intelligence 

18 Surveillance Act of 1978 (50 U.S.C. 1874) is amended— 

19 (1) by striking paragraphs (1) through (3) and 

20 inserting the following: 

21 ‘‘(1) A semiannual report that aggregates the 

22 number of orders, directives, or national security let23 ters with which the person was required to comply 

24 into separate categories of— 


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1 ‘‘(A) the number of national security let2 ters received, reported— 

3 ‘‘(i) for the first 1000 national secu4 rity letters received, in bands of 200 start5 ing with 1–200; and 

6 ‘‘(ii) for more than 1000 national se7 curity letters received, the precise number 

8 of national security letters received; 

9 ‘‘(B) the number of customer selectors tar10 geted by national security letters, reported— 

11 ‘‘(i) for the first 1000 customer selec12 tors targeted, in bands of 200 starting 

13 with 1–200; and 

14 ‘‘(ii) for more than 1000 customer se15 lectors targeted, the precise number of cus16 tomer selectors targeted; 

17 ‘‘(C) the number of orders or directives re18 ceived, combined, under this Act for contents— 

19 ‘‘(i) reported— 

20 ‘‘(I) for the first 1000 orders and 

21 directives received, in bands of 200 

22 starting with 1–200; and 

23 ‘‘(II) for more than 1000 orders 

24 and directives received, the precise 

25 number of orders received; and 


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1 ‘‘(ii) disaggregated by whether the 

2 order or directive was issued under section 

3 105, 402, 501, 702, 703, or 704; 

4 ‘‘(D) the number of customer selectors tar5 geted under orders or directives received, com6 bined, under this Act for contents— 

7 ‘‘(i) reported— 

8 ‘‘(I) for the first 1000 customer 

9 selectors targeted, in bands of 200 

10 starting with 1–200; and 

11 ‘‘(II) for more than 1000 cus12 tomer selectors targeted, the precise 

13 number of customer selectors tar14 geted; and 

15 ‘‘(ii) disaggregated by whether the 

16 order or directive was issued under section 

17 105, 402, 501, 702, 703, or 704; 

18 ‘‘(E) the number of orders or directives re19 ceived under this Act for noncontents— 

20 ‘‘(i) reported— 

21 ‘‘(I) for the first 1000 orders or 

22 directives received, in bands of 200 

23 starting with 1–200; and 


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1 ‘‘(II) for more than 1000 orders 

2 or directives received, the precise 

3 number of orders received; and 

4 ‘‘(ii) disaggregated by whether the 

5 order or directive was issued under section 

6 105, 402, 501, 702, 703, or 704; and 

7 ‘‘(F) the number of customer selectors tar8 geted under orders or directives under this Act 

9 for noncontents— 

10 ‘‘(i) reported— 

11 ‘‘(I) for the first 1000 customer 

12 selectors targeted, in bands of 200 

13 starting with 1–200; and 

14 ‘‘(II) for more than 1000 cus15 tomer selectors targeted, the precise 

16 number of customer selectors tar17 geted; and 

18 ‘‘(ii) disaggregated by whether the 

19 order or directive was issued under section 

20 105, 402, 501, 702, 703, or 704.’’; and 

21 (2) by redesignating paragraph (4) as para22 graph (2). 

23 (b) ADDITIONAL DISCLOSURES.—Such section is 

24 amended— 


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1 (1) by redesignating subsections (b) through (d) 

2 as subsections (c) through (e), respectively; and 

3 (2) by inserting after subsection (a) the fol4 lowing: 

5 ‘‘(b) ADDITIONAL DISCLOSURES.—A person who 

6 publicly reports information under subsection (a) may also 

7 publicly report the following information, relating to the 

8 previous 180 days, using a semiannual report that indi9 cates whether the person was or was not required to com10 ply with an order, directive, or national security letter 

11 issued under each of sections 105, 402, 501, 702, 703, 

12 and 704 and the provisions listed in section 603(e)(3).’’. 

13 SEC. 16. ANNUAL PUBLICATION OF STATISTICS ON NUM14 BER OF PERSONS TARGETED OUTSIDE THE 

15 UNITED STATES UNDER CERTAIN FOREIGN 

16 INTELLIGENCE SURVEILLANCE ACT OF 1978 

17 AUTHORITY. 

18 Not less frequently than once each year, the Director 

19 of National Intelligence shall publish the following: 

20 (1) A description of the subject matter of each 

21 of the certifications provided under subsection (g) of 

22 section 702 of the Foreign Intelligence Surveillance 

23 Act of 1978 (50 U.S.C. 1881a) in the last calendar 

24 year. 


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1 (2) Statistics revealing the number of persons 

2 targeted in the last calendar year under subsection 

3 (a) of such section, disaggregated by certification 

4 under which the person was targeted. 

5 SEC. 17. REPEAL OF NONAPPLICABILITY TO FEDERAL BU6 REAU OF INVESTIGATION OF CERTAIN RE7 PORTING REQUIREMENTS UNDER FOREIGN 

8 INTELLIGENCE SURVEILLANCE ACT OF 1978. 

9 Section 603(d)(2) of the Foreign Intelligence Surveil10 lance Act of 1978 (50 U.S.C. 1873(d)(2)) is amended by 

11 striking ‘‘(A) FEDERAL BUREAU’’ and all that follows 

12 through ‘‘Paragraph (3)(B) of’’ and inserting ‘‘Paragraph 

13 (3)(B)’’. 

14 SEC. 18. PUBLICATION OF ESTIMATES REGARDING COMMU15 NICATIONS COLLECTED UNDER CERTAIN 

16 PROVISION OF FOREIGN INTELLIGENCE SUR17 VEILLANCE ACT OF 1978. 

18 (a) IN GENERAL.—Except as provided in subsection 

19 (b), not later than 90 days after the date of the enactment 

20 of this Act, the Director of National Intelligence shall pub21 lish an estimate of— 

22 (1) the number of United States persons whose 

23 communications are collected under section 702 of 

24 the Foreign Intelligence Surveillance Act of 1978 

25 (50 U.S.C. 1881a); or 


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1 (2) the number of communications collected 

2 under such section to which a party is a person in3 side the United States. 

4 (b) IN CASE OF TECHNICAL IMPOSSIBILITY.—If the 

5 Director determines that publishing an estimate pursuant 

6 to subsection (a) is not technically possible— 

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

8 (2) the Director shall publish an assessment in 

9 unclassified form explaining such determination, but 

10 may submit a classified annex to the appropriate 

11 committees of Congress as necessary. 

12 (c) APPROPRIATE COMMITTEES OF CONGRESS DE13 FINED.—In this section, the term ‘‘appropriate commit14 tees of Congress’’ means— 

15 (1) the congressional intelligence committees 

16 (as defined in section 3 of the National Security Act 

17 of 1947 (50 U.S.C. 3003)); 

18 (2) the Committee on the Judiciary of the Sen19 ate; and 

20 (3) the Committee on the Judiciary of the 

21 House of Representatives. 


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1 SEC. 19. FOUR-YEAR EXTENSION OF FISA AMENDMENTS 

2 ACT OF 2008. 

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

4 Amendments Act of 2008 (Public Law 110–261) is 

5 amended— 

6 (1) in paragraph (1) (50 U.S.C. 1881–1881g 

7 note), by striking ‘‘December 31, 2017’’ and insert8 ing ‘‘September 30, 2021’’; and 

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

10 the material preceding subparagraph (A), by striking 

11 ‘‘December 31, 2017’’ and inserting ‘‘September 30, 

12 2021’’. 

13 (b) CONFORMING AMENDMENT.—The heading of sec14 tion 404(b)(1) of the FISA Amendments Act of 2008 

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

16 by striking ‘‘DECEMBER 31, 2017’’ and inserting ‘‘SEP17 TEMBER 30, 2021’’. 

Æ 


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