II 

Calendar No. 252 

115TH CONGRESS 

1ST SESSION S. 2010 

To extend the FISA Amendments Act of 2008 for 8 years, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 25, 2017 

Mr. BURR, from the Select Committee on Intelligence, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To extend the FISA Amendments Act of 2008 for 8 years, 

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. 

4 This Act may be cited as the ‘‘FISA Amendments 

5 Reauthorization Act of 2017’’. 


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1 SEC. 2. EIGHT-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; 122 Stat. 

5 2474) is amended— 

6 (1) in paragraph (1), by striking ‘‘December 

7 31, 2017’’ and inserting ‘‘December 31, 2025’’; and 

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

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

10 and inserting ‘‘December 31, 2025’’. 

11 (b) CONFORMING AMENDMENT.—The heading for 

12 section 404(b)(1) of the FISA Amendments Act of 2008 

13 (Public Law 110–261; 122 Stat. 2476) is amended by 

14 striking ‘‘DECEMBER 31, 2017’’ and inserting ‘‘DECEMBER

15 31, 2025’’. 

16 SEC. 3. CONGRESSIONAL REVIEW AND OVERSIGHT OF 

17 ABOUTS COLLECTION. 

18 (a) IN GENERAL.—Section 702(b) of the Foreign In19 telligence Surveillance Act of 1978 (50 U.S.C. 1881a(b)) 

20 is amended— 

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

22 end; 

23 (2) by redesignating paragraph (5) as para24 graph (6); and 

25 (3) by inserting after paragraph (4) the fol26 lowing: 


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1 ‘‘(5) may not intentionally acquire communica2 tions that contain a reference to, but are not to or 

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

4 which an acquisition authorized under subsection (a) 

5 is directed or conducted, except as provided under 

6 subsection (m); and’’. 

7 (b) CONGRESSIONAL REVIEW AND OVERSIGHT OF

8 COMMUNICATIONS OF ABOUTS COLLECTION.—Section 

9 702 of the Foreign Intelligence Surveillance Act (50 

10 U.S.C. 1881a) is amended by adding at the end the fol11 lowing: 

12 ‘‘(m) CONGRESSIONAL REVIEW AND OVERSIGHT OF

13 ABOUTS COLLECTION.— 

14 ‘‘(1) DEFINITIONS.—In this subsection: 

15 ‘‘(A) ABOUTS COMMUNICATION.—The term 

16 ‘abouts communication’ means a communication 

17 that contains reference to, but is not to or 

18 from, a facility, a place, premises, or property 

19 at which an acquisition authorized under sub20 section (a) is directed or conducted. 

21 ‘‘(B) MATERIAL BREACH.—The term ‘ma22 terial breach’ means significant noncompliance 

23 with applicable law or an order of the Foreign 

24 Intelligence Surveillance Court concerning any 

25 acquisition of abouts communications. 


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1 ‘‘(C) QUALIFYING LEGISLATION.—The 

2 term ‘qualifying legislation’ means a bill of ei3 ther House of Congress— 

4 ‘‘(i) the title of which is as follows ‘A 

5 bill to prohibit the acquisition of abouts 

6 communications.’; and 

7 ‘‘(ii) the matter after the enacting 

8 clause of which is as follows: ‘Congress dis9 approves the intentional acquisition under 

10 section 702 of the Foreign Intelligence 

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

12 1881a) of abouts communications (as de13 fined in subsection (m) of such section 

14 702).’. 

15 ‘‘(2) SUBMISSION TO CONGRESS.— 

16 ‘‘(A) REQUIREMENT.—Notwithstanding 

17 any other provision of law, and except as pro18 vided in paragraph (5), if the Attorney General 

19 and the Director of National Intelligence intend 

20 to implement the authorization of the inten21 tional acquisition of abouts communications, be22 fore the first such implementation after the 

23 date of enactment of this subsection, the Attor24 ney General and the Director of National Intel25 ligence shall submit to the Committee on the 


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1 Judiciary and the Select Committee on Intel2 ligence of the Senate and the Committee on the 

3 Judiciary and the Permanent Select Committee 

4 on Intelligence of the House of Representatives 

5 a written notice of the intent to implement the 

6 authorization of such an acquisition, and any 

7 supporting materials in accordance with this 

8 subsection. 

9 ‘‘(B) CONGRESSIONAL REVIEW PERIOD.— 

10 During the 30-day period beginning on the date 

11 written notice is submitted under subparagraph 

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

13 Select Committee on Intelligence of the Senate 

14 and the Committee on the Judiciary and the 

15 Permanent Select Committee on Intelligence of 

16 the House of Representatives shall, as appro17 priate, hold hearings and briefings and other18 wise obtain information in order to fully review 

19 the written notice. 

20 ‘‘(C) LIMITATION ON ACTION DURING CON21 GRESSIONAL REVIEW PERIOD.—Notwith22 standing any other provision of law, and subject 

23 to paragraph (5), unless the Attorney General 

24 and the Director of National Intelligence make 

25 a determination pursuant to subsection (c)(2), 


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1 the Attorney General and the Director of Na2 tional Intelligence may not implement the au3 thorization of the intentional acquisition of 

4 abouts communications before the end of the 

5 period described in subparagraph (B). 

6 ‘‘(D) EFFECT OF ENACTMENT OF DIS7 APPROVAL.—If qualifying legislation is enacted 

8 during the 30-day period described in subpara9 graph (B), the Attorney General and the Direc10 tor of National Intelligence may not implement 

11 the authorization of the intentional acquisition 

12 of abouts communications. 

13 ‘‘(E) EFFECT OF FAILURE TO ENACT DIS14 APPROVAL.—If qualifying legislation is not en15 acted during the 30-day period described in 

16 subparagraph (B), after the end of such period, 

17 the Attorney General and the Director of Na18 tional Intelligence may implement the author19 ization of the intentional acquisition of abouts 

20 communications. 

21 ‘‘(3) WRITTEN NOTICE.—Written notice under 

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

23 ‘‘(A) A copy of any certification submitted 

24 to the Foreign Intelligence Surveillance Court 

25 pursuant to subsection (g), or amendment 


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1 thereto, authorizing the intentional acquisition 

2 of abouts communications, including all affida3 vits, procedures, exhibits, and attachments sub4 mitted therewith. 

5 ‘‘(B) The decision, order, or opinion of the 

6 Foreign Intelligence Surveillance Court approv7 ing such certification, and any pleadings, appli8 cations, or memoranda of law associated with 

9 such decision, order, or opinion. 

10 ‘‘(C) A summary of the protections in 

11 place to detect any material breach. 

12 ‘‘(D) Data or other results of modeling, 

13 simulation, or auditing of sample data dem14 onstrating that any acquisition method involv15 ing the intentional acquisition of abouts com16 munications shall be conducted in accordance 

17 with this title, if such data or other results exist 

18 at the time the written notice is submitted and 

19 were provided to the Foreign Intelligence Sur20 veillance Court. 

21 ‘‘(E) Except as provided under paragraph 

22 (5), a statement that no acquisition authorized 

23 under subsection (a) shall include the inten24 tional acquisition of an abouts communication 


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1 until after the end of the 30-day period de2 scribed in paragraph (2)(B). 

3 ‘‘(4) EXPEDITED CONSIDERATION OF LEGISLA4 TION.— 

5 ‘‘(A) INTRODUCTION.—It shall be in order 

6 in the Senate and the House of Representa7 tives, not later than 30 days after the date on 

8 which written notice is submitted under para9 graph (2)(A), or notice of an emergency author10 ization is provided under paragraph (5), to in11 troduce qualifying legislation, which shall be en12 titled to expedited consideration under this 

13 paragraph. 

14 ‘‘(B) CONSIDERATION IN THE HOUSE OF

15 REPRESENTATIVES.— 

16 ‘‘(i) REPORTING AND DISCHARGE.— 

17 Any committee of the House of Represent18 atives to which qualifying legislation is re19 ferred shall report it to the House of Rep20 resentatives not later than 10 legislative 

21 days after the date of the referral. 

22 ‘‘(ii) PROCEEDING TO CONSIDER23 ATION.—On and after the third legislative 

24 day after each committee to which quali25 fying legislation has been referred reports 


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1 it to the House of Representatives from its 

2 further consideration, it shall be in order 

3 to move to proceed to consider the quali4 fying legislation. The motion to proceed to 

5 consideration of the qualifying legislation 

6 shall not be debatable. 

7 ‘‘(C) CONSIDERATION IN THE SENATE.— 

8 ‘‘(i) REPORTING AND DISCHARGE.— 

9 Any committee of the Senate to which 

10 qualifying legislation is referred shall re11 port it to the Senate not later than 10 

12 days in which the Senate is in session after 

13 the date of the referral. 

14 ‘‘(ii) PROCEEDING TO CONSIDER15 ATION.—Notwithstanding rule XXII of the 

16 Standing Rules of the Senate, it is in order 

17 at any time after the committee to which 

18 qualifying legislation is referred reports it 

19 to the Senate (even though a previous mo20 tion to the same effect has been disagreed 

21 to) to move to proceed to the consideration 

22 of the qualifying legislation. The motion to 

23 proceed to consideration of the qualifying 

24 legislation shall not be debatable. 

25 ‘‘(iii) CONSIDERATION.— 


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1 ‘‘(I) IN GENERAL.—If the Senate 

2 proceeds to the consideration of quali3 fying legislation, consideration of the 

4 qualifying legislation, and all amend5 ments, debatable motions, and appeals 

6 in connection therewith, shall be lim7 ited to not more than 10 hours, which 

8 shall be divided equally between the 

9 majority and minority leaders or their 

10 designees. 

11 ‘‘(II) VOTE ON PASSAGE.—The 

12 vote on passage shall occur imme13 diately following the conclusion of the 

14 consideration of the qualifying legisla15 tion, and a single quorum call at the 

16 conclusion of the debate if requested 

17 in accordance with the rules of the 

18 Senate. 

19 ‘‘(III) CONSIDERATION OF VETO

20 MESSAGES.—Consideration in the 

21 Senate of any veto message with re22 spect to qualifying legislation, includ23 ing all debatable messages and ap24 peals in connection therewith, shall be 

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1 vided between, and controlled by, the 

2 majority leader and the minority lead3 er or their designees. 

4 ‘‘(5) EXCEPTION FOR EMERGENCY ACQUISI5 TION.— 

6 ‘‘(A) NOTICE OF DETERMINATION.—If the 

7 Attorney General and the Director of National 

8 Intelligence make a determination pursuant to 

9 subsection (c)(2) with respect to the intentional 

10 acquisition of abouts communications, the At11 torney General and the Director of National In12 telligence shall notify the Committee on the Ju13 diciary and the Select Committee on Intel14 ligence of the Senate and the Committee on the 

15 Judiciary and the Permanent Select Committee 

16 on Intelligence of the House of Representatives 

17 as soon as practicable, but not later than 7 

18 days after the determination is made. 

19 ‘‘(B) IMPLEMENTATION OR CONTINU20 ATION.— 

21 ‘‘(i) IN GENERAL.—If the Foreign In22 telligence Surveillance Court approves a 

23 certification that authorizes the intentional 

24 acquisition of abouts communications be25 fore the end of the 30-day period described 


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1 in paragraph (2)(B) and qualifying legisla2 tion has not been enacted, the Attorney 

3 General and the Director of National Intel4 ligence may authorize the immediate imple5 mentation or continuation of that certifi6 cation if the Attorney General and the Di7 rector of National Intelligence jointly de8 termine that exigent circumstances exist 

9 such that without such immediate imple10 mentation or continuation intelligence im11 portant to the national security of the 

12 United States may be lost or not timely ac13 quired. 

14 ‘‘(ii) NOTICE.—The Attorney General 

15 and Director of National Intelligence shall 

16 submit to the Committee on the Judiciary 

17 and the Select Committee on Intelligence 

18 of the Senate and the Committee on the 

19 Judiciary and the Permanent Select Com20 mittee on Intelligence of the House of Rep21 resentatives notification of a determination 

22 pursuant to clause (i) as soon as prac23 ticable, but not later than 3 days after the 

24 determination is made. 


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1 ‘‘(6) REPORTING OF MATERIAL BREACH.—The 

2 head of any agency involved in the acquisition of 

3 abouts communications shall fully and concurrently 

4 inform the Committee on the Judiciary and the Se5 lect Committee on Intelligence of the Senate and the 

6 Committee on the Judiciary and the Permanent Se7 lect Committee on Intelligence of the House of Rep8 resentatives of a material breach.’’. 

9 SEC. 4. APPOINTMENT OF AMICI CURIAE BY FOREIGN IN10 TELLIGENCE SURVEILLANCE COURT. 

11 (a) IN GENERAL.—Section 103(i)(2) of the Foreign 

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

13 1803(i)(2)) is amended— 

14 (1) by redesignating subparagraphs (A) and 

15 (B) as clauses (i) and (ii), respectively, and adjust16 ing the margin accordingly; 

17 (2) in the matter before clause (i), as redesig18 nated by paragraph (1), by striking ‘‘A court estab19 lished’’ and inserting the following: 

20 ‘‘(A) IN GENERAL.—A court established’’; 

21 and 

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

23 ‘‘(B) PRESUMPTION IN SECTION 702 CER24 TIFICATIONS.—For purposes of subparagraph 

25 (A)(i), the first certification under section 


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1 702(g) or amendment thereto that authorizes 

2 the acquisition of communications that contain 

3 a reference to, but are not to or from, a facility, 

4 place, premises, or property at which an acqui5 sition authorized under section 702(a) is di6 rected or conducted, presents a novel or signifi7 cant interpretation of the law, unless the court 

8 determines otherwise.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 Section 103(i) of such Act (50 U.S.C. 1803(i)) is amend11 ed— 

12 (1) in paragraph (4), in the matter preceding 

13 subparagraph (A), by striking ‘‘paragraph (2)(A)’’ 

14 and inserting ‘‘paragraph (2)(A)(i)’’; and 

15 (2) in paragraph (5), by striking ‘‘paragraph 

16 (2)(A)’’ and inserting ‘‘paragraph (2)(A)(i)’’. 

17 SEC. 5. AUTHORIZATION FOR FOREIGN INTELLIGENCE 

18 SURVEILLANCE COURT TO COMPENSATE 

19 AMICI CURIAE AND TECHNICAL ADVISORS 

20 FOR ASSISTANCE PROVIDED. 

21 Section 103(i) of the Foreign Intelligence Surveil22 lance Act of 1978 (50 U.S.C. 1803(i)) is amended by add23 ing at the end the following: 

24 ‘‘(11) COMPENSATION.—Notwithstanding any 

25 other provision of law, a court established under 


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1 subsection (a) or (b) may compensate an amicus cu2 riae appointed under paragraph (2) for assistance 

3 provided under such paragraph as the court con4 siders appropriate and at such rate as the court con5 siders appropriate.’’. 

6 SEC. 6. MINIMIZATION AND DISCLOSURE PROVISIONS. 

7 (a) END USE RESTRICTION.—Section 706(a) of the 

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

9 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 communication 

16 to, from, or which contains a reference to a 

17 United States person acquired under section 

18 702 shall not be used in evidence against that 

19 United States person in any criminal pro20 ceeding unless the Attorney General determines 

21 that— 

22 ‘‘(i) the criminal proceeding affects, 

23 involves, or is related to the national secu24 rity of the United States; or 


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1 ‘‘(ii) the criminal proceeding in2 volves— 

3 ‘‘(I) death; 

4 ‘‘(II) kidnapping; 

5 ‘‘(III) serious bodily injury, as 

6 defined in section 1365 of title 18, 

7 United States Code; 

8 ‘‘(IV) conduct that constitutes a 

9 criminal offense that is a specified of10 fense against a minor, as defined in 

11 section 111 of the Adam Walsh Child 

12 Protection and Safety Act of 2006 

13 (34 U.S.C. 20911); 

14 ‘‘(V) incapacitation or destruc15 tion of critical infrastructure, as de16 fined in section 1016(e) of the USA 

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

18 ‘‘(VI) cybersecurity, including 

19 conduct described in section 1016(e) 

20 of the USA PATRIOT Act (42 U.S.C. 

21 5195c(e)) or section 1029, 1030, or 

22 2511 of title 18, United States Code; 

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1 ficking and transnational organized 

2 crime; or 

3 ‘‘(VIII) human trafficking. 

4 ‘‘(B) NO JUDICIAL REVIEW.—A determina5 tion by the Attorney General under subpara6 graph (A) is not subject to judicial review.’’. 

7 (b) INTELLIGENCE COMMUNITY DISCLOSURE PROVI8 SION.—Section 603 of the Foreign Intelligence Surveil9 lance Act of 1978 (50 U.S.C. 1873) is amended— 

10 (1) in subsection (b)— 

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

12 faith estimate of the number of targets of such 

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

14 estimate of— 

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

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

17 who are known to not be United States persons; 

18 and 

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

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

21 (B) in paragraph (2)— 

22 (i) by redesignating subparagraphs 

23 (A) and (B) as subparagraphs (B) and 

24 (C), respectively; 


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1 (ii) by inserting before subparagraph 

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

3 ‘‘(A) the number of targets of such or4 ders;’’; 

5 (iii) in subparagraph (B), as so redes6 ignated, by striking ‘‘and’’ at the end; and 

7 (iv) by adding at the end the fol8 lowing: 

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

10 Federal Bureau of Investigation has received 

11 and reviewed the unminimized contents of elec12 tronic communications or wire communications 

13 concerning a United States person obtained 

14 through acquisitions authorized under such sec15 tion in response to a search term that was rea16 sonably designed to find evidence of a crime 

17 that would not be considered foreign intel18 ligence information; and 

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

20 Federal Bureau of Investigation opened, under 

21 the Criminal Investigative Division or any suc22 cessor division, an investigation of a United 

23 States person (who is not considered a threat to 

24 national security) based wholly or in part on an 

25 acquisition authorized under such section;’’; 


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1 (C) in paragraph (3)(A), by striking ‘‘or2 ders; and’’ and inserting the following: ‘‘orders, 

3 including— 

4 ‘‘(i) the number of targets of such or5 ders who are known to not be United 

6 States persons; and 

7 ‘‘(ii) the number of targets of such or8 ders who are known to be United States 

9 persons; and’’; 

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

11 and (6) as paragraphs (5), (6), and (7), respec12 tively; and 

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

14 following: 

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

16 which the United States or a State or political sub17 division thereof provided notice pursuant to sub18 section (c) or (d) of section 106 (including with re19 spect to information acquired from an acquisition 

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

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

22 to enter into evidence or otherwise use or disclose 

23 any information obtained or derived from electronic 

24 surveillance, physical search, or an acquisition con25 ducted pursuant to this Act;’’; and 


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1 (2) in subsection (d)— 

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

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

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

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

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

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

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

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

10 (b)(2)(C)’’. 

11 SEC. 7. QUERYING PROCEDURES REQUIRED. 

12 (a) IN GENERAL.—Section 702 of the Foreign Intel13 ligence Surveillance Act of 1978 (50 U.S.C. 1881a), as 

14 amended by section 3, is further amended— 

15 (1) by redesignating subsections (f) through 

16 (m) as subsections (g) through (n), respectively; 

17 (2) by inserting after subsection (e) the fol18 lowing: 

19 ‘‘(f) QUERYING PROCEDURES.— 

20 ‘‘(1) PROCEDURES REQUIRED.— 

21 ‘‘(A) IN GENERAL.—The Attorney General, 

22 in consultation with the Director of National 

23 Intelligence, shall adopt querying procedures for 

24 queries of data collected pursuant to an author25 ization under subsection (a). 


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1 ‘‘(B) RECORD OF QUERIES.—The Attorney 

2 General, in consultation with the Director of 

3 National Intelligence, shall ensure that the pro4 cedures adopted under subparagraph (A) in5 clude a technical procedure whereby a record is 

6 kept of all queries using a known United States 

7 person identifier. 

8 ‘‘(2) JUDICIAL REVIEW.—The querying proce9 dures adopted in accordance with paragraph (1) 

10 shall be subject to judicial review pursuant to sub11 section (j). 

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

13 term ‘query’ means any instance in which data the 

14 Government has already acquired is searched using 

15 a specific term or terms for the purpose of discov16 ering or retrieving unminimized content or 

17 metadata.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) AMENDMENTS TO SECTION 702 OF THE

20 FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

21 1978.—Such section is further amended— 

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

23 subsection (i)(3)’’ and inserting ‘‘with sub24 sections (j)(3)’’; 

25 (B) in subsection (c)— 


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

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

3 subsection (h)’’; 

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

5 subsection (i)(3)’’ and inserting ‘‘to sub6 section (j)(3)’’; and 

7 (iii) in paragraph (3)— 

8 (I) in subparagraph (A), by strik9 ing ‘‘with subsection (g)’’ and insert10 ing ‘‘with subsection (h)’’; and 

11 (II) in subparagraph (B)— 

12 (aa) by striking ‘‘to sub13 section (i)(1)(C)’’ and inserting 

14 ‘‘to subsection (j)(1)(C)’’; and 

15 (bb) by striking ‘‘under sub16 section (i)’’ and inserting ‘‘under 

17 subsection (j)’’; 

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

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

20 (j)’’; 

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

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

23 (j)’’; 

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

25 subsection (a)(1)— 


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1 (i) in paragraph (2)(A)(iii), by strik2 ing ‘‘with subsection (f)’’ and inserting 

3 ‘‘with subsection (g)’’; 

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

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

6 ‘‘with subsection (j)(1)(C)’’; and 

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

8 subsection (i)’’ and inserting ‘‘to sub9 section (j)’’; 

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

11 subsection (a)(1)— 

12 (i) in paragraph (1)— 

13 (I) in subparagraph (A), by strik14 ing ‘‘targeting and minimization pro15 cedures adopted in accordance with 

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

17 ‘‘targeting, minimization, and 

18 querying procedures adopted in ac19 cordance with subsections (d), (e), 

20 and (f)’’; 

21 (II) in subparagraph (B), by 

22 striking ‘‘targeting and minimization 

23 procedures adopted in accordance with 

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

25 ‘‘targeting, minimization, and 


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1 querying procedures adopted in ac2 cordance with subsections (d), (e), 

3 and (f)’’; and 

4 (III) in subparagraph (C), by 

5 striking ‘‘targeting and minimization 

6 procedures adopted in accordance with 

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

8 ‘‘targeting, minimization, and 

9 querying procedures adopted in ac10 cordance with subsections (d), (e), 

11 and (f)’’; 

12 (ii) in paragraph (2)— 

13 (I) in subparagraph (A), by strik14 ing ‘‘with subsection (g)’’ and insert15 ing ‘‘with subsection (h)’’; and 

16 (II) by adding at the end the fol17 lowing: 

18 ‘‘(D) QUERYING PROCEDURES.—The 

19 querying procedures adopted in accordance with 

20 subsection (f) to assess whether such proce21 dures comply with the requirements of such 

22 subsection.’’; 

23 (iii) in paragraph (3)— 

24 (I) in subparagraph (A)— 


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1 (aa) by striking ‘‘with sub2 section (g)’’ and inserting ‘‘with 

3 subsection (h)’’; and 

4 (bb) by striking ‘‘targeting 

5 and minimization procedures 

6 adopted in accordance with sub7 sections (d) and (e)’’ and insert8 ing ‘‘targeting, minimization, and 

9 querying procedures adopted in 

10 accordance with subsections (d), 

11 (e), and (f)’’; and 

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

13 matter before clause (i)— 

14 (aa) by striking ‘‘with sub15 section (g)’’ and inserting ‘‘with 

16 subsection (h)’’; and 

17 (bb) by striking ‘‘with sub18 sections (d) and (e)’’ and insert19 ing ‘‘with subsections (d), (e), 

20 and (f)’’; and 

21 (iv) in paragraph (5)(A)— 

22 (I) by striking ‘‘with subsection 

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

24 (h)’’; and 


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1 (II) by striking ‘‘with subsections 

2 (d) and (e)’’ and inserting ‘‘with sub3 sections (d), (e), and (f)’’; and 

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

5 subsection (a)(1)— 

6 (i) in paragraph (1), in the matter be7 fore subparagraph (A)— 

8 (I) by striking ‘‘targeting and 

9 minimization procedures adopted in 

10 accordance with subsections (d) and 

11 (e)’’ and inserting ‘‘targeting, mini12 mization, and querying procedures 

13 adopted in accordance with sub14 sections (d), (e), and (f)’’; and 

15 (II) by striking ‘‘with subsection 

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

17 (g)’’; and 

18 (ii) in paragraph (2)(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)’’; and 


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1 (II) by striking ‘‘with subsection 

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

3 (g)’’. 

4 (2) AMENDMENTS TO FOREIGN INTELLIGENCE

5 SURVEILLANCE ACT OF 1978 AMENDMENTS ACT OF

6 2008.—Section 404 of the Foreign Intelligence Sur7 veillance Act of 1978 Amendments Act of 2008 

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

9 amended— 

10 (A) in subsection (a)(7)(B)— 

11 (i) by striking ‘‘under section 

12 702(i)(3)’’ and inserting ‘‘under section 

13 702(j)(3)’’; and 

14 (ii) by striking ‘‘under section 

15 702(i)(4)’’ and inserting ‘‘under section 

16 702(j)(4)’’; 

17 (B) in subsection (b)— 

18 (i) in paragraph (3)— 

19 (I) in subparagraph (A), by strik20 ing ‘‘in section 702(h)’’ and inserting 

21 ‘‘in section 702(i)’’; and 

22 (II) in subparagraph (B)— 

23 (aa) by striking ‘‘section 

24 702(h)(3) of’’ and inserting ‘‘sec25 tion 702(i)(3) of’’; and 


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1 (bb) by striking ‘‘to section 

2 702(h)’’ and inserting ‘‘to section 

3 702(i)’’; and 

4 (ii) in paragraph (4)— 

5 (I) in subparagraph (A), by strik6 ing ‘‘and sections 702(l)’’ and insert7 ing ‘‘and sections 702(m)’’; and 

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

9 striking ‘‘or section 702(l)’’ and in10 serting ‘‘or section 702(m)’’. 

11 SEC. 8. REVIEW OF QUERIES CONDUCTED BY FEDERAL BU12 REAU OF INVESTIGATION OF ACQUISITIONS 

13 OBTAINED UNDER SECTION 702 OF THE FOR14 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

15 1978. 

16 (a) IN GENERAL.—Section 702 of the Foreign Intel17 ligence Surveillance Act of 1978 (50 U.S.C. 1881a), as 

18 amended by sections 3 and 7, is further amended by add19 ing at the end the following: 

20 ‘‘(o) REVIEW OF QUERIES CONDUCTED BY FEDERAL

21 BUREAU OF INVESTIGATION.— 

22 ‘‘(1) SUBMITTAL.—Not later than 1 business 

23 day after the Director of the Federal Bureau of In24 vestigation conducts a query of acquisitions obtained 

25 under this section which the Director finds to have 


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1 been responsive and which returns information that 

2 concerns a known United States person, the Direc3 tor of the Federal Bureau of Investigation shall sub4 mit to the Foreign Intelligence Surveillance Court 

5 the query, the responsive information, and a jus6 tification for executing the query. 

7 ‘‘(2) REVIEW.—Not later than 2 business days 

8 after receiving a submittal under paragraph (1), the 

9 Foreign Intelligence Surveillance Court shall review 

10 the submittal for consistency with the Fourth 

11 Amendment to the Constitution and submit to the 

12 Director the findings of the Court with respect to 

13 the review. 

14 ‘‘(3) PROHIBITION ON USE OF INFORMATION

15 RESPONSIVE TO IMPROPER QUERIES.—If the For16 eign Intelligence Surveillance Court determines 

17 under paragraph (2) that a submittal received under 

18 paragraph (2) regarding information responsive to a 

19 query is not consistent with the Fourth Amendment, 

20 such information shall not be used in any court pro21 ceeding. 

22 ‘‘(4) ANNUAL REPORT.—Not less frequently 

23 than once each year, the Foreign Intelligence Sur24 veillance Court shall submit to the congressional in25 telligence committees (as defined in section 3 of the 


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1 National Security Act of 1947 (50 U.S.C. 3003)) a 

2 report on the reviews conducted by the Court under 

3 paragraph (2) in the previous year. Such report 

4 shall include the number of submittals received 

5 under such paragraph in such year and the number 

6 that the Court determined were not consistent with 

7 the Fourth Amendment to the Constitution.’’. 

8 (b) RULE OF CONSTRUCTION.—Subsection (o) of 

9 such section, as added by subsection (a), shall not be con10 strued to require any action to determine the nationality 

11 of an individual that would not have been required to be 

12 carried out on the day before the date of the enactment 

13 of this Act. 

14 (c) EFFECTIVE DATE.—Subsection (o) of such sec15 tion, as added by subsection (a), shall take effect on the 

16 date that is 90 days after the date of the enactment of 

17 this Act. 

18 SEC. 9. SECTION 705 EMERGENCY PROVISION. 

19 Section 705 of the Foreign Intelligence Surveillance 

20 Act of 1978 (50 U.S.C. 1881d) is amended by adding at 

21 the end the following: 

22 ‘‘(c) EMERGENCY AUTHORIZATION.—If the Attorney 

23 General authorized the emergency employment of elec24 tronic surveillance or a physical search pursuant to section 

25 105 or 304, the Attorney General may authorize, for the 


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1 effective period of the emergency authorization and subse2 quent order pursuant to section 105 or 304, without a 

3 separate order under section 703 or 704, the targeting of 

4 the United States person that is the target for the purpose 

5 of acquiring foreign intelligence information while such 

6 United States person is reasonably believed to be located 

7 outside the United States. 

8 ‘‘(d) USE OF INFORMATION.—If an application sub9 mitted to the Court pursuant to section 104 or 303 is de10 nied, or in any other case in which the acquisition is termi11 nated and no order with respect to the target of the acqui12 sition is issued under section 105 or 304, all information 

13 obtained or evidence derived from such acquisition shall 

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

15 SEC. 10. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

16 BOARD REFORM. 

17 Section 552b(a)(1) of title 5, United States Code, is 

18 amended— 

19 (1) by striking ‘‘term ‘agency’ means’’ and in20 serting the following: ‘‘term ‘agency’— 

21 ‘‘(A) means’’; 

22 (2) by inserting ‘‘and’’ after ‘‘the agency;’’; and 

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

24 ‘‘(B) does not include the Privacy and Civil 

25 Liberties Oversight Board;’’. 


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1 SEC. 11. FLEXIBILITY FOR PRIVACY AND CIVIL LIBERTIES 

2 OVERSIGHT BOARD IN STAFFING MATTERS. 

3 Section 1061(j) of the Intelligence Reform and Ter4 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(j)) is 

5 amended— 

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

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

8 (2) by inserting after paragraph (1) the fol9 lowing new paragraph: 

10 ‘‘(2) APPOINTMENT IN ABSENCE OF CHAIRMAN

11 OR ABSENCE OF A QUORUM.—If the position of 

12 chairman of the Board is vacant or a quorum is ab13 sent, during the period of the vacancy or vacancies, 

14 the Board, at the direction of the unanimous vote of 

15 the remaining member or members of the Board, 

16 may exercise the authority of the chairman under 

17 paragraph (1).’’. 

18 SEC. 12. INCREASED PENALTIES FOR UNAUTHORIZED RE19 MOVAL AND RETENTION OF CLASSIFIED DOC20 UMENTS OR MATERIAL. 

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

22 amended by striking ‘‘fined’’ and all that follows through 

23 ‘‘both’’ and inserting ‘‘fined under this title, imprisoned 

24 for not more than 10 years, or both’’. 


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Calendar No. 252 

115TH CONGRESS 

1ST SESSION S. 2010 

A BILL 

To extend the FISA Amendments Act of 2008 for 

8 years, and for other purposes. 

OCTOBER 25, 2017 

Read twice and placed on the calendar 


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