II 

115TH CONGRESS 

1ST SESSION S. 2158 

To amend the Foreign Intelligence Surveillance Act of 1978 to clarify and 

improve the procedures and accountability for authorizing certain acquisitions of foreign intelligence, to extend title VII of such Act, to ensure 

that the barriers to sharing critical foreign intelligence among the intelligence community that existed before September 11, 2001, are not 

reimposed, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2017 

Mr. LEE (for himself and Mr. LEAHY) 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 clarify and improve the procedures and accountability 

for authorizing certain acquisitions of foreign intelligence, to extend title VII of such Act, to ensure that 

the barriers to sharing critical foreign intelligence among 

the intelligence community that existed before September 

11, 2001, are not reimposed, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Uniting and Strengthening American Liberty Act of 

4 2017’’ or the ‘‘USA Liberty Act of 2017’’. 

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

6 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—FOREIGN INTELLIGENCE SURVEILLANCE AND 

ACCOUNTABILITY 

Sec. 101. Court orders and protection of incidentally collected United States 

person communications. 

Sec. 102. Attorney General approval and additional protection of incidentally 

collected United States person communications. 

Sec. 103. Limitation on collection and improvements to targeting procedures 

and minimization procedures. 

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

Sec. 105. Appointment of amicus curiae for annual certifications. 

Sec. 106. Increased accountability on incidentally collected communications. 

Sec. 107. Semiannual reports on certain queries by Federal Bureau of Investigation. 

Sec. 108. Additional reporting requirements. 

Sec. 109. Application of certain amendments. 

Sec. 110. Sense of Congress on purpose of section 702 and respecting foreign 

nationals. 

TITLE II—SAFEGUARDS AND OVERSIGHT OF PRIVACY AND CIVIL 

LIBERTIES 

Sec. 201. Limitation on retention of certain data. 

Sec. 202. Improvements to Privacy and Civil Liberties Oversight Board. 

Sec. 203. Privacy and civil liberties officers. 

Sec. 204. Whistleblower protections for contractors of the intelligence community. 

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. Rule of construction regarding criminal penalties for unauthorized 

use of information acquired under section 702 and unauthorized disclosure of United States person information. 

Sec. 304. Comptroller General study on unauthorized disclosures and the classification system. 

Sec. 305. Sense of Congress on information sharing among intelligence community to protect national security. 


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Sec. 306. Sense of Congress on combating terrorism. 

Sec. 307. Technical amendments and amendments to improve procedures of the 

Foreign Intelligence Surveillance Court of Review. 

Sec. 308. Severability. 

Sec. 309. Rule of construction. 

1 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

2 SURVEILLANCE ACT OF 1978. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

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

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

7 a section or other provision of the Foreign Intelligence 

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

9 TITLE I—FOREIGN INTEL10 LIGENCE SURVEILLANCE AND 

11 ACCOUNTABILITY 

12 SEC. 101. COURT ORDERS AND PROTECTION OF INCIDEN13 TALLY COLLECTED UNITED STATES PERSON 

14 COMMUNICATIONS. 

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

16 is amended— 

17 (1) by redesignating subsections (j), (k), and (l) 

18 as subsections (k), (l), and (m), respectively; and 

19 (2) by inserting after subsection (i) the fol20 lowing: 

21 ‘‘(j) REQUIREMENTS FOR ACCESS AND DISSEMINA22 TION OF COLLECTIONS OF COMMUNICATIONS.— 

23 ‘‘(1) COURT ORDERS.— 


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1 ‘‘(A) IN GENERAL.—Except as provided 

2 under paragraph (3), in response to a query re3 lating to a United States person or a person 

4 reasonably believed to be located in the United 

5 States, the contents of queried communications 

6 acquired under subsection (a) may be accessed 

7 or disseminated only if— 

8 ‘‘(i) the Attorney General submits to 

9 the Foreign Intelligence Surveillance Court 

10 an application that demonstrates that— 

11 ‘‘(I) there is probable cause to 

12 believe that— 

13 ‘‘(aa) such contents provide 

14 evidence of a crime specified in 

15 section 2516 of title 18, United 

16 States Code; or 

17 ‘‘(bb) the individual is an 

18 agent of a foreign power; and 

19 ‘‘(II) any use of such commu20 nications pursuant to section 706 will 

21 be carried out in accordance with such 

22 section; and 

23 ‘‘(ii) a judge of the Foreign Intel24 ligence Surveillance Court reviews and apVerDate Sep 11 2014 01:06 Nov 25, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2158.IS S2158

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1 proves such application under subpara2 graph (B). 

3 ‘‘(B) ORDER.— 

4 ‘‘(i) APPROVAL.—Upon an application 

5 made under subparagraph (A), the Foreign 

6 Intelligence Surveillance Court shall enter 

7 an order as requested or as modified by 

8 the Court approving the access or dissemi9 nation of contents of communications cov10 ered by the application if the Court deter11 mines that, based on an independent re12 view— 

13 ‘‘(I) the application contains all 

14 information required under subpara15 graph (A); 

16 ‘‘(II) on the basis of the facts in 

17 the application, there is probable 

18 cause to believe that— 

19 ‘‘(aa) such contents provide 

20 evidence of a crime specified in 

21 section 2516 of title 18, United 

22 States Code; or 

23 ‘‘(bb) the person identified 

24 by the queried term is an agent 

25 of a foreign power; and 


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1 ‘‘(III) the minimization proce2 dures adopted pursuant to subsection 

3 (e) will ensure compliance with sub4 paragraph (A)(i)(II). 

5 ‘‘(ii) REVIEW.—A denial of an appli6 cation submitted under subparagraph (A) 

7 may be reviewed as provided in section 

8 103. 

9 ‘‘(2) EXPEDITIOUS CONSIDERATION.—Any ap10 plication submitted under paragraph (1)(A) shall be 

11 considered by the Foreign Intelligence Surveillance 

12 Court expeditiously and without delay. 

13 ‘‘(3) EXCEPTIONS.—The requirement for an 

14 order pursuant to paragraph (1) shall not apply to 

15 accessing or disseminating communications acquired 

16 under subsection (a) if— 

17 ‘‘(A) the Attorney General determines that 

18 the person identified by the queried term is the 

19 subject of an order based upon a finding of 

20 probable cause, or emergency authorization, 

21 that authorizes electronic surveillance or phys22 ical search under this Act or title 18, United 

23 States Code (other than such emergency au24 thorizations under title IV of this Act or section 

25 3125 of title 18, United States Code); 


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1 ‘‘(B) the Attorney General— 

2 ‘‘(i) reasonably determines that an 

3 emergency situation requires the accessing 

4 or dissemination of the communications be5 fore an order pursuant to paragraph (1) 

6 authorizing such access or dissemination 

7 can with due diligence be obtained; 

8 ‘‘(ii) reasonably believes that the fac9 tual basis for the issuance of such an order 

10 exists; and 

11 ‘‘(iii) with respect to the access or dis12 semination of the contents of such commu13 nications— 

14 ‘‘(I) informs the Court at the 

15 time the Attorney General requires 

16 the emergency access or dissemination 

17 that the decision has been made to 

18 employ the authority under this para19 graph; and 

20 ‘‘(II) may not use the contents of 

21 such communications pursuant to sec22 tion 706 if the Court finds that the 

23 determination by the Attorney Gen24 eral with respect to the emergency sit25 uation was not appropriate; or 


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1 ‘‘(C) there is consent provided in accord2 ance with paragraph (12).’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 Section 404(b)(4) of the Foreign Intelligence Surveillance 

5 Act of 1978 Amendments Act of 2008 (50 U.S.C. 1801 

6 note) is amended by striking ‘‘702(l)’’ each place it ap7 pears and inserting ‘‘702(m)’’. 

8 SEC. 102. ATTORNEY GENERAL APPROVAL AND ADDI9 TIONAL PROTECTION OF INCIDENTALLY COL10 LECTED UNITED STATES PERSON COMMU11 NICATIONS. 

12 Subsection (j) of section 702 (50 U.S.C. 1881a), as 

13 added by section 101, is amended by inserting after para14 graph (3) the following: 

15 ‘‘(4) RELEVANCE AND APPROVAL TO ACCESS

16 NONCONTENTS INFORMATION.—Except as provided 

17 under paragraph (5), in response to a query relating 

18 to a United States person or a person reasonably be19 lieved to be located in the United States, the infor20 mation of communications acquired under subsection 

21 (a) relating to dialing, routing, addressing, or sig22 naling information that is not content and could oth23 erwise be lawfully obtained under title IV of this Act 

24 may be accessed or disseminated only— 


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1 ‘‘(A) with the approval of the Attorney 

2 General; 

3 ‘‘(B) if such information is relevant to an 

4 authorized investigation or assessment and is 

5 not sought solely on the basis of activities pro6 tected by the First Amendment to the Constitu7 tion of the United States; 

8 ‘‘(C) if an order based on probable cause 

9 would not be required by law to obtain such in10 formation if requested as part of an investiga11 tion of a Federal crime; and 

12 ‘‘(D) if any use of such communications 

13 pursuant to section 706 will be carried out in 

14 accordance with such section. 

15 ‘‘(5) EXCEPTIONS.—The requirement for ap16 proval of the Attorney General under paragraph 

17 (4)(A) shall not apply to accessing or disseminating 

18 information of communications acquired under sub19 section (a) relating to dialing, routing, addressing, 

20 or signaling information that is not content and 

21 could otherwise be lawfully obtained under title IV 

22 of this Act if— 

23 ‘‘(A) the Attorney General determines that 

24 the person identified by the queried term is the 

25 subject of an order based upon a finding of 


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1 probable cause, or emergency authorization, 

2 that authorizes electronic surveillance or phys3 ical search under this Act or title 18, United 

4 States Code (other than such emergency au5 thorizations under title IV of this Act or section 

6 3125 of title 18, United States Code); 

7 ‘‘(B) a supervisory determination is ob8 tained that— 

9 ‘‘(i) reasonably determines that an 

10 emergency situation requires the accessing 

11 or dissemination of the information of 

12 communications before the approval of the 

13 Attorney General under paragraph (4)(A) 

14 can with due diligence be obtained; 

15 ‘‘(ii) reasonably believes that the fac16 tual basis for the approval of the Attorney 

17 General under paragraph (4)(A) exists; 

18 and 

19 ‘‘(iii) with respect to the access or dis20 semination of such information of commu21 nications— 

22 ‘‘(I) informs the Attorney Gen23 eral at the time the supervisor re24 quires the emergency access or dis25 semination that the decision has been 


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1 made to employ the authority under 

2 this subparagraph; and 

3 ‘‘(II) may not use such informa4 tion of communications pursuant to 

5 section 706 if the Attorney General 

6 finds that the determination by the 

7 supervisor with respect to the emer8 gency situation was not appropriate; 

9 or 

10 ‘‘(C) there is consent provided in accord11 ance with paragraph (12). 

12 ‘‘(6) DUE DILIGENCE.—A determination of 

13 whether the person identified by the queried term is 

14 a United States person or a person reasonably be15 lieved to be located in the United States under para16 graph (1) or (4) shall be made based on the totality 

17 of the circumstances, including by, to the extent 

18 practicable, ensuring that any conflicting informa19 tion regarding whether the person is a United States 

20 person or is reasonably believed to be located outside 

21 the United States is resolved before making such de22 termination. If there is insufficient information 

23 available to make a determination, the person identi24 fied by the queried term shall be considered a 

25 United States person or person reasonably believed 


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1 to be located in the United States for purposes of 

2 paragraphs (1) and (4). 

3 ‘‘(7) LIMITATION ON ELECTRONIC SURVEIL4 LANCE OF UNITED STATES PERSONS.—If the Attor5 ney General determines that it is necessary to con6 duct electronic surveillance on a known United 

7 States person whose communications have been ac8 quired under subsection (a), the Attorney General 

9 may only conduct such electronic surveillance using 

10 authority provided under other provisions of law. 

11 ‘‘(8) SIMULTANEOUS QUERY OF FBI DATA12 BASES.—Except as otherwise provided by law or ap13 plicable minimization procedures, the Director of the 

14 Federal Bureau of Investigation shall ensure that all 

15 available investigative or intelligence databases of 

16 the Federal Bureau of Investigation are simulta17 neously queried when the Federal Bureau of Inves18 tigation properly uses an information system of the 

19 Federal Bureau of Investigation to determine wheth20 er information exists in such a database. 

21 ‘‘(9) DELEGATION.—The Attorney General 

22 shall delegate the authority under this subsection to 

23 the fewest number of officials that the Attorney 

24 General determines practicable. 

25 ‘‘(10) RETENTION OF AUDITABLE RECORDS.— 


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1 ‘‘(A) RECORDS.—The Attorney General 

2 shall retain records of queries of a collection of 

3 communications acquired under subsection (a). 

4 The heads of elements of the intelligence com5 munity that are not components of the Depart6 ment of Justice shall retain records of queries 

7 of a collection of communications acquired 

8 under subsection (a) that use a term identifying 

9 a United States person or a person located in 

10 the United States. 

11 ‘‘(B) REQUIREMENTS.—Records retained 

12 under subparagraph (A) shall— 

13 ‘‘(i) include queries for not less than 

14 5 years after the date on which the query 

15 is made; and 

16 ‘‘(ii) be maintained in a manner that 

17 is auditable and available for congressional 

18 oversight. 

19 ‘‘(11) COMPLIANCE AND MAINTENANCE.—The 

20 requirements of this subsection do not apply with re21 spect to queries made for the purpose of— 

22 ‘‘(A) submitting to Congress information 

23 required by this Act or otherwise ensuring com24 pliance with the requirements of this section; or 


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1 ‘‘(B) performing maintenance or testing of 

2 information systems. 

3 ‘‘(12) CONSENT.—The requirements of this 

4 subsection do not apply with respect to— 

5 ‘‘(A) queries made using a term identifying 

6 a person who is a party to the communications 

7 acquired under subsection (a), or a person who 

8 otherwise has lawful authority to provide con9 sent, and who consents to such queries; or 

10 ‘‘(B) the accessing or the dissemination of 

11 the contents or information of communications 

12 acquired under subsection (a) of a person who 

13 is a party to the communications, or a person 

14 who otherwise has lawful authority to provide 

15 consent, and who consents to such access or 

16 dissemination. 

17 ‘‘(13) QUERY PURPOSES.—The contents of 

18 communications acquired under subsection (a) and 

19 the information relating to the dialing, routing, ad20 dressing, or signaling information of such commu21 nications may only be queried if the query is reason22 ably designed to return foreign intelligence informa23 tion or evidence of a crime.’’. 


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1 SEC. 103. LIMITATION ON COLLECTION AND IMPROVE2 MENTS TO TARGETING PROCEDURES AND 

3 MINIMIZATION PROCEDURES. 

4 (a) TARGETING PROCEDURES; LIMITATION ON COL5 LECTION.—Section 702(d) (50 U.S.C. 1881a(d)) is 

6 amended— 

7 (1) in paragraph (1), by striking ‘‘The Attorney 

8 General’’ and inserting ‘‘In accordance with para9 graphs (3) and (4), the Attorney General’’; and 

10 (2) by adding at the end the following new 

11 paragraphs: 

12 ‘‘(3) DUE DILIGENCE.—The procedures adopted 

13 in accordance with paragraph (1) shall require due 

14 diligence in determining whether a person targeted 

15 is a non-United States person reasonably believed to 

16 be located outside the United States by— 

17 ‘‘(A) making the determination based on 

18 the totality of the circumstances, including by, 

19 to the extent practicable, ensuring that any con20 flicting information regarding whether the per21 son is reasonably believed to be located outside 

22 the United States or is a United States person 

23 is resolved before making such determination; 

24 ‘‘(B) documenting the processes used for 

25 determinations described in subparagraph (A); 

26 and 


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1 ‘‘(C) documenting the rationale for why 

2 targeting such person will result in the acquisi3 tion of foreign intelligence information author4 ized by subsection (a). 

5 ‘‘(4) LIMITATION.— 

6 ‘‘(A) IN GENERAL.—The procedures adopt7 ed in accordance with paragraph (1) shall re8 quire that the targeting of a person is limited 

9 to communications to or from the targeted per10 son. 

11 ‘‘(B) ANNUAL REPORT.—On an annual 

12 basis, the Attorney General shall submit to the 

13 congressional intelligence committees and the 

14 Committees on the Judiciary of the House of 

15 Representatives and the Senate a report on— 

16 ‘‘(i) any difficulty relating to the limi17 tation under subparagraph (A); and 

18 ‘‘(ii) the technical feasibility of ensur19 ing that the handling of communications 

20 acquired under subsection (a) with respect 

21 to incidentally collected United States per22 son information complies with the mini23 mization procedures adopted under sub24 section (e).’’. 


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1 (b) MINIMIZATION PROCEDURES.—Section 702(e) 

2 (50 U.S.C. 1881a(e)) is amended— 

3 (1) in paragraph (1), by inserting ‘‘, and the re4 quirements of this subsection’’ before the period at 

5 the end; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(3) REQUESTS TO UNMASK INFORMATION.— 

9 The procedures adopted under paragraph (1) shall 

10 include specific procedures adopted by the Attorney 

11 General for elements of the intelligence community 

12 to submit requests to unmask information in dis13 seminated intelligence reports. Such specific proce14 dures shall— 

15 ‘‘(A) require the documentation of the re16 questing individual that such request is for le17 gitimate reasons authorized pursuant to para18 graph (1); and 

19 ‘‘(B) require the retention of the records of 

20 each request, including— 

21 ‘‘(i) a copy of the request; 

22 ‘‘(ii) the name and position of the in23 dividual who is making the request; and 

24 ‘‘(iii) if the request is approved, the 

25 name and position of the individual who 


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1 approved the request and the date of the 

2 approval.’’. 

3 (c) UNMASK DEFINED.—Section 701(b) (50 U.S.C. 

4 1881(b)) is amended by adding at the end the following 

5 new paragraph: 

6 ‘‘(6) UNMASK.—The term ‘unmask’ means, 

7 with respect to a disseminated intelligence report 

8 containing a reference to a United States person 

9 that does not identify that person (including by 

10 name or title), to disseminate the identity of the 

11 United States person, including the name or title of 

12 the person.’’. 

13 (d) CONSISTENT REQUIREMENTS TO RETAIN

14 RECORDS ON REQUESTS TO UNMASK INFORMATION.— 

15 The Foreign Intelligence Surveillance Act of 1978 (50 

16 U.S.C. 1801 et seq.) is amended as follows: 

17 (1) In section 101(h) (50 U.S.C. 1801(h))— 

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

19 and inserting a semicolon; 

20 (B) in paragraph (4), by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

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

23 paragraph: 

24 ‘‘(5) specific procedures as described in section 

25 702(e)(3).’’. 


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1 (2) In section 301(4) (50 U.S.C. 1821(4))— 

2 (A) in subparagraph (C), by striking ‘‘; 

3 and’’ and inserting a semicolon; 

4 (B) in subparagraph (D), by striking the 

5 period at the end and inserting ‘‘; and’’; and 

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

7 subparagraph: 

8 ‘‘(E) specific procedures as described in 

9 section 702(e)(3).’’. 

10 (3) In section 402(h) (50 U.S.C. 1842(h))— 

11 (A) by redesignating paragraph (2) as 

12 paragraph (3); and 

13 (B) by inserting after paragraph (1) the 

14 following new paragraph (2): 

15 ‘‘(2) REQUESTS FOR NONPUBLICLY AVAILABLE

16 INFORMATION.—The policies and procedures adopt17 ed under paragraph (1) shall include specific proce18 dures as described in section 702(e)(3).’’. 

19 (4) In section 501(g)(2) (50 U.S.C. 

20 1861(g)(2))— 

21 (A) in subparagraph (B), by striking ‘‘; 

22 and’’ and inserting a semicolon; 

23 (B) in subparagraph (C), by striking the 

24 period at the end and inserting ‘‘; and’’; and 


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

2 subparagraph: 

3 ‘‘(D) specific procedures as described in 

4 section 702(e)(3).’’. 

5 (e) REPORT ON UNMASKING.—Not later than 90 

6 days after the date of the enactment of this Act, the Direc7 tor of National Intelligence shall submit to the Permanent 

8 Select Committee on Intelligence of the House of Rep9 resentatives, the Select Committee on Intelligence of the 

10 Senate, and the Committees on the Judiciary of the House 

11 of Representatives and the Senate a report on the progress 

12 made by the Director with respect to— 

13 (1) ensuring that incidentally collected commu14 nications of United States persons (as defined in 

15 section 101 of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1801)) are properly masked 

17 if masking is necessary; and 

18 (2) implementing procedures for requests to 

19 unmask information under section 702(e)(3) of such 

20 Act (50 U.S.C. 1881a(e)(3)), as added by subsection 

21 (c). 


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1 SEC. 104. PUBLICATION OF MINIMIZATION PROCEDURES 

2 UNDER SECTION 702. 

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

4 section 103, is further amended by adding at the end the 

5 following: 

6 ‘‘(4) PUBLICATION.—The Director of National 

7 Intelligence, in consultation with the Attorney Gen8 eral, shall— 

9 ‘‘(A) conduct a declassification review of 

10 any minimization procedures adopted or amend11 ed in accordance with paragraph (1); and 

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

13 later than 180 days after conducting such re14 view, make such minimization procedures pub15 licly available to the greatest extent practicable, 

16 which may be in redacted form.’’. 

17 SEC. 105. APPOINTMENT OF AMICUS CURIAE FOR ANNUAL 

18 CERTIFICATIONS. 

19 Section 103(i) (50 U.S.C. 1803(i)(2)) is amended— 

20 (1) in paragraph (2)— 

21 (A) in subparagraph (A), by striking ‘‘; 

22 and’’ and inserting a semicolon; 

23 (B) by redesignating subparagraph (B) as 

24 subparagraph (C); and 

25 (C) by inserting after subparagraph (A) 

26 the following new subparagraph (B): 


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1 ‘‘(B) shall appoint an individual who has 

2 been designated under paragraph (1) to serve 

3 as amicus curiae to assist such court in the re4 view of a certification under section 702(i), un5 less the court issues a finding that such ap6 pointment is not necessary; and’’; and 

7 (2) in paragraphs (4) and (5), by striking 

8 ‘‘paragraph (2)(A)’’ both places it appears and in9 serting ‘‘subparagraph (A) or (B) of paragraph (2)’’. 

10 SEC. 106. INCREASED ACCOUNTABILITY ON INCIDENTALLY 

11 COLLECTED COMMUNICATIONS. 

12 Section 707 (50 U.S.C. 1881f) is amended by adding 

13 at the end the following new subsection: 

14 ‘‘(c) INCIDENTALLY COLLECTED COMMUNICATIONS

15 AND OTHER INFORMATION.—Together with the semi16 annual report submitted under subsection (a), the Direc17 tor of National Intelligence shall submit to the congres18 sional committees specified in such subsection a report on 

19 incidentally collected communications and other informa20 tion regarding United States persons under section 702. 

21 Each such report shall include, with respect to the 6- 

22 month period covered by the report, the following: 

23 ‘‘(1) Except as provided by paragraph (2), the 

24 number, or a good faith estimate, of communications 

25 of United States persons acquired under subsection 


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1 (a) of such section, including a description of any ef2 forts of the intelligence community to ascertain such 

3 number or good faith estimate. 

4 ‘‘(2) If the Director determines that the num5 ber, or a good faith estimate, under paragraph (1) 

6 is not achievable, a detailed explanation for why 

7 such number or good faith estimate is not achiev8 able. 

9 ‘‘(3) The number of— 

10 ‘‘(A) United States persons whose informa11 tion is unmasked pursuant to the procedures 

12 adopted under subsection (e)(3) of such section; 

13 ‘‘(B) requests made by an element of the 

14 intelligence community, listed by each such ele15 ment, to unmask information pursuant to such 

16 subsection; and 

17 ‘‘(C) requests that resulted in the dissemi18 nation of names, titles, or other identifiers po19 tentially associated with individuals pursuant to 

20 such subsection, including the element of the in21 telligence community and position of the indi22 vidual making the request. 

23 ‘‘(4) The number of disseminations of commu24 nications acquired under subsection (a) of section 


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1 702 to the Federal Bureau of Investigation for cases 

2 unrelated to foreign intelligence. 

3 ‘‘(5) The number of instances in which evidence 

4 of a crime unrelated to foreign intelligence that was 

5 identified in communications acquired under sub6 section (a) of section 702 was disseminated from the 

7 national security branch of the Bureau to the crimi8 nal investigative division of the Bureau (or from 

9 such successor branch to such successor division). 

10 ‘‘(6) The number of individuals to whom the 

11 Attorney General has delegated authority pursuant 

12 to subsection (j)(2)(G) of section 702.’’. 

13 SEC. 107. SEMIANNUAL REPORTS ON CERTAIN QUERIES BY 

14 FEDERAL BUREAU OF INVESTIGATION. 

15 Section 707 (50 U.S.C. 1881f), as amended by sec16 tion 106, is further amended by adding at the end the 

17 following new subsection: 

18 ‘‘(d) SEMIANNUAL FBI REPORTS.—Together with 

19 the semiannual report submitted under subsection (a), the 

20 Director of the Federal Bureau of Investigation shall sub21 mit to the congressional committees specified in such sub22 section, and make publicly available, a report containing, 

23 with respect to the period covered by the report— 


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1 ‘‘(1) the number of applications made by the 

2 Federal Bureau of Investigation described in sub3 section (j)(1)(A) of section 702; 

4 ‘‘(2) the number of such applications that were 

5 approved and resulted in the contents of communica6 tions being accessed or disseminated pursuant to 

7 such subsection; and 

8 ‘‘(3) the number of Attorney General approvals 

9 made pursuant to subsection (j)(4)(A) of such sec10 tion.’’. 

11 SEC. 108. ADDITIONAL REPORTING REQUIREMENTS. 

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

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

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

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

16 Attorney General shall transmit to the Administrative Of17 fice of the United States Courts and to Congress a report 

18 setting forth with respect to the preceding calendar year— 

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

20 orders and extensions of orders approving electronic 

21 surveillance under this title; 

22 ‘‘(2) the total number of such orders and exten23 sions either granted, modified, or denied; and 

24 ‘‘(3) the total number of persons who were sub25 ject to electronic surveillance conducted under an 


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1 order or emergency authorization under this title, 

2 rounded to the nearest 500, including the number of 

3 such individuals who are United States persons, re4 ported to the nearest band of 500, starting with 0– 

5 499. 

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

7 be submitted in unclassified form. Not later than 7 days 

8 after the date on which the Attorney General submits each 

9 such report, the Attorney General shall make the report 

10 publicly available.’’. 

11 (b) PEN REGISTERS AND TRAP AND TRACE DE12 VICES.—Section 406 (50 U.S.C. 1846) is amended— 

13 (1) in subsection (b)— 

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

15 and inserting a semicolon; 

16 (B) in paragraph (5), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

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

19 paragraph: 

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

21 of subjects who were targeted by the installation and 

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

23 an order or emergency authorization issued under 

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


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

2 United States persons, reported to the nearest 

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

4 ‘‘(B) of the number of United States per5 sons described in subparagraph (A), the num6 ber of persons whose information acquired pur7 suant to such order was reviewed or accessed by 

8 a Federal officer, employee, or agent, reported 

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

10 499.’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(c) Each report under subsection (b) shall be sub14 mitted in unclassified form. Not later than 7 days after 

15 the date on which the Attorney General submits such a 

16 report, the Attorney General shall make such report pub17 licly available.’’. 

18 SEC. 109. APPLICATION OF CERTAIN AMENDMENTS. 

19 The amendments made by sections 101, 102, and 103 

20 of this Act shall apply with respect to applications, certifi21 cations, and procedures submitted to the Foreign Intel22 ligence Surveillance Court on or after the date that is 120 

23 days after the date of the enactment of this Act. 


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1 SEC. 110. SENSE OF CONGRESS ON PURPOSE OF SECTION 

2 702 AND RESPECTING FOREIGN NATIONALS. 

3 It is the sense of Congress that— 

4 (1) the acquisition of communications by the 

5 National Security Agency under section 702 of the 

6 Foreign Intelligence Surveillance Act (50 U.S.C. 

7 1881a) should be conducted within the bounds of 

8 treaties and agreements to which the United States 

9 is a party, and there should be no targeting of non10 United States persons for any unfounded discrimina11 tory purpose or for the purpose of affording a com12 mercial competitive advantage to companies and 

13 business sectors of the United States; and 

14 (2) the authority to collect intelligence under 

15 such section 702 is meant to shield the United 

16 States, and by extension, the allies of the United 

17 States, from security threats. 

18 TITLE II—SAFEGUARDS AND 

19 OVERSIGHT OF PRIVACY AND 

20 CIVIL LIBERTIES 

21 SEC. 201. LIMITATION ON RETENTION OF CERTAIN DATA. 

22 Subsection (m) of section 702 (50 U.S.C. 1881a), as 

23 redesignated by section 101, is amended— 

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

25 paragraphs (3) and (4); and 


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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2): 

3 ‘‘(2) AFFIDAVIT ON DELETION INCLUDED IN

4 SEMIANNUAL ASSESSMENT TO FISC AND CON5 GRESS.—Each semiannual assessment under para6 graph (1) shall include, with respect to the 6-month 

7 period covered by the assessment, an affidavit by the 

8 Director of the National Security Agency, without 

9 delegation, that communications acquired under sub10 section (a) determined not to contain foreign intel11 ligence information, if any, were deleted.’’. 

12 SEC. 202. IMPROVEMENTS TO PRIVACY AND CIVIL LIB13 ERTIES OVERSIGHT BOARD. 

14 (a) APPOINTMENT OF STAFF.—Subsection (j) of sec15 tion 1061 of the Intelligence Reform and Terrorism Pre16 vention Act of 2004 (42 U.S.C. 2000ee(j)) is amended— 

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

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

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraph: 

21 ‘‘(2) APPOINTMENT IN ABSENCE OF CHAIR22 MAN.—If the position of chairman of the Board is 

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

24 at the direction of the unanimous vote of the serving 


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1 members of the Board, may exercise the authority of 

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

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

4 U.S.C. 2000ee(f)) is amended— 

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

6 ‘‘The Board’’; 

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

8 inserting ‘‘shall make its’’; and 

9 (3) in paragraph (2)— 

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

11 ‘‘shall hold public’’; and 

12 (B) by inserting before the period at the 

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

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

15 meet or otherwise communicate in any number 

16 to confer or deliberate in a manner that is 

17 closed to the public’’. 

18 (c) REPORT ON SECTION 702 AND TERRORISM.—Not 

19 later than 1 year after the date on which the Privacy and 

20 Civil Liberties Oversight Board first achieves a quorum 

21 following the date of the enactment of this Act, the Board 

22 shall submit to the Committee on the Judiciary and the 

23 Permanent Select Committee on Intelligence of the House 

24 of Representatives and the Committee on the Judiciary 


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1 and the Select Committee on Intelligence of the Senate 

2 a report assessing— 

3 (1) how communications acquired under section 

4 702 of the Foreign Intelligence Surveillance Act of 

5 1978 (50 U.S.C. 1881a) are used by the United 

6 States to prevent or defend against terrorism; 

7 (2) whether technological challenges and 

8 changes in technology affect the prevention of and 

9 defense against terrorism, and how effectively the 

10 foreign intelligence elements of the intelligence com11 munity (as defined in section 3(4) of the National 

12 Security Act of 1947 (50 U.S.C. 3003(4))) have re13 sponded to those challenges; and 

14 (3) how privacy and civil liberties are affected 

15 by the actions identified under paragraph (1) and 

16 the changes in technology identified under para17 graph (2), and whether race, religion, political affili18 ation, or activities protected by the First Amend19 ment to the Constitution of the United States are 

20 determinative in the targeting or querying decisions 

21 made pursuant to such section 702. 

22 SEC. 203. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

23 (a) CODIFICATION OF CERTAIN OFFICERS.—Section 

24 1062(a) of the Intelligence Reform and Terrorism Preven25 tion Act of 2004 (42 U.S.C. 2000ee–1(a)) is amended in 


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1 the matter preceding paragraph (1) by inserting ‘‘, the 

2 Director of the National Security Agency, the Director of 

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

4 of the Central Intelligence Agency’’. 

5 (b) ANNUAL REPORTS ON INCIDENTAL COMMUNICA6 TIONS OF UNITED STATES PERSONS.—Paragraph (4)(A) 

7 of subsection (m) of section 702 (50 U.S.C. 1881a), as 

8 redesignated by sections 101 and 201, is amended— 

9 (1) in clause (iii), by striking ‘‘; and’’ and in10 serting a semicolon; 

11 (2) in clause (iv), by striking the period at the 

12 end and inserting ‘‘; and’’; and 

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

14 clause: 

15 ‘‘(v) a review by the privacy and civil 

16 liberties officer of the element of inciden17 tally collected communications of United 

18 States persons to assess compliance with 

19 the minimization procedures adopted under 

20 subsection (e) and the effect of this section 

21 on the privacy of United States persons.’’. 


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1 SEC. 204. WHISTLEBLOWER PROTECTIONS FOR CONTRAC2 TORS OF THE INTELLIGENCE COMMUNITY. 

3 (a) PROHIBITED PERSONNEL PRACTICES IN THE IN4 TELLIGENCE COMMUNITY.—Section 1104 of the National 

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

6 (1) in subsection (a)— 

7 (A) by redesignating paragraphs (2) and 

8 (3) as paragraphs (3) and (4), respectively; 

9 (B) by inserting after paragraph (1) the 

10 following: 

11 ‘‘(2) CONTRACTOR EMPLOYEE.—The term ‘con12 tractor employee’ means an employee of a con13 tractor, subcontractor, grantee, subgrantee, or per14 sonal services contractor of a covered intelligence 

15 community element.’’; and 

16 (C) in paragraph (4), as so redesignated, 

17 in the matter preceding subparagraph (A) by 

18 inserting ‘‘or a contractor employee of a covered 

19 intelligence community element’’ after ‘‘char20 acter)’’; 

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

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

23 (3) by inserting after subsection (b) the fol24 lowing new subsection (c): 

25 ‘‘(c) CONTRACTOR EMPLOYEES.—(1) A contractor 

26 employee or employee of a covered intelligence community 


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1 element who has authority to take, direct others to take, 

2 recommend, or approve any personnel action, shall not, 

3 with respect to such authority, take or fail to take a per4 sonnel action with respect to any contractor employee as 

5 a reprisal for a lawful disclosure of information by the con6 tractor employee to the Director of National Intelligence 

7 (or an employee designated by the Director of National 

8 Intelligence for such purpose), the Inspector General of 

9 the Intelligence Community, the head of the contracting 

10 agency (or an employee designated by the head of that 

11 agency for such purpose), the appropriate inspector gen12 eral of the contracting agency, a congressional intelligence 

13 committee, or a member of a congressional intelligence 

14 committee, which the contractor employee reasonably be15 lieves evidences— 

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

17 regulation (including with respect to evidence of an18 other employee or contractor employee accessing or 

19 sharing classified information without authoriza20 tion); or 

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

22 an abuse of authority, or a substantial and specific 

23 danger to public health or safety. 

24 ‘‘(2) A personnel action under paragraph (1) is pro25 hibited even if the action is undertaken at the request of 


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1 an officer or employee of the applicable covered intel2 ligence community element, unless the request takes the 

3 form of a nondiscretionary directive and is within the au4 thority of the officer or employee making the request. 

5 ‘‘(3) A contractor employee may raise a violation of 

6 paragraph (1) in any proceeding to implement or challenge 

7 a personnel action described in such paragraph.’’; 

8 (4) in subsection (b), by striking the heading 

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

10 (5) in subsection (e)(1), as redesignated by 

11 paragraph (2), by inserting ‘‘contractor employee,’’ 

12 after ‘‘any employee,’’. 

13 (b) FEDERAL BUREAU OF INVESTIGATION.— 

14 (1) IN GENERAL.—Any contractor employee or 

15 employee of the Federal Bureau of Investigation who 

16 has authority to take, direct others to take, rec17 ommend, or approve any personnel action, shall not, 

18 with respect to such authority, take or fail to take 

19 a personnel action with respect to a contractor em20 ployee as a reprisal for a disclosure of information— 

21 (A) made— 

22 (i) to a supervisor in the direct chain 

23 of command of the contractor employee, up 

24 to and including the Director of the Fed25 eral Bureau of Investigation; 


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1 (ii) to the Inspector General of the 

2 Department of Justice; 

3 (iii) to the Office of Professional Re4 sponsibility of the Department of Justice; 

5 (iv) to the Office of Professional Re6 sponsibility of the Federal Bureau of In7 vestigation; 

8 (v) to the Inspection Division of the 

9 Federal Bureau of Investigation; 

10 (vi) as described in section 7211 of 

11 title 5, United States Code; 

12 (vii) to the Office of Special Counsel; 

13 or 

14 (viii) to an employee designated by 

15 any officer, employee, office, or division de16 scribed in clauses (i) through (vii) for the 

17 purpose of receiving such disclosures; and 

18 (B) which the contractor employee reason19 ably believes evidences— 

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

21 regulation (including with respect to evi22 dence of another employee or contractor 

23 employee accessing or sharing classified in24 formation without authorization); or 


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1 (ii) gross mismanagement, a gross 

2 waste of funds, an abuse of authority, or 

3 a substantial and specific danger to public 

4 health or safety. 

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

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

7 is undertaken at the request of an officer or em8 ployee of the Federal Bureau of Investigation, unless 

9 the request takes the form of a nondiscretionary di10 rective and is within the authority of the officer or 

11 employee making the request. 

12 (3) VIOLATION.—A contractor employee may 

13 raise a violation of paragraph (1) in any proceeding 

14 to implement or challenge a personnel action de15 scribed in such paragraph. 

16 (4) REGULATIONS.—The Attorney General shall 

17 prescribe regulations to ensure that a personnel ac18 tion described in paragraph (1) shall not be taken 

19 against a contractor employee of the Bureau as a re20 prisal for any disclosure of information described in 

21 such paragraph. 

22 (5) ENFORCEMENT.—The President shall pro23 vide for the enforcement of this subsection in a man24 ner consistent with applicable provisions of sections 

25 1214 and 1221 of title 5, United States Code. 


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1 (6) DEFINITIONS.—In this subsection: 

2 (A) The term ‘‘contractor employee’’ 

3 means an employee of a contractor, subcon4 tractor, grantee, subgrantee, or personal serv5 ices contractor, of the Federal Bureau of Inves6 tigation. 

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

8 any action described in clauses (i) through (x) 

9 of section 2302(a)(2)(A) of title 5, United 

10 States Code, with respect to a contractor em11 ployee. 

12 (c) RETALIATORY REVOCATION OF SECURITY

13 CLEARANCES AND ACCESS DETERMINATIONS.—Section 

14 3001(j) of the Intelligence Reform and Terrorism Preven15 tion Act of 2004 (50 U.S.C. 3341(j)) is amended by add16 ing at the end the following new paragraph: 

17 ‘‘(8) INCLUSION OF CONTRACTOR EMPLOY18 EES.—In this subsection, the term ‘employee’ in19 cludes an employee of a contractor, subcontractor, 

20 grantee, subgrantee, or personal services contractor, 

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

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

23 contracting 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 ‘‘September 30, 2023’’; and 

13 (B) by inserting ‘‘and by the USA Liberty 

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

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

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

17 and inserting ‘‘September 30, 2023’’. 

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

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

20 122 Stat. 2476) is amended— 

21 (1) in paragraph (1)— 

22 (A) in the heading, by striking ‘‘DECEM23 BER 31, 2017’’ and inserting ‘‘SEPTEMBER 30, 

24 2023’’; and 


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1 (B) by inserting ‘‘and by the USA Liberty 

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

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

4 USA Liberty Act of 2017’’ after ‘‘section 101(a)’’; 

5 and 

6 (3) in paragraph (4)— 

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

8 USA Liberty Act of 2017’’ after ‘‘as added by 

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

10 (B) by inserting ‘‘and by the USA Liberty 

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

12 101(a)’’ both places it appears. 

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

14 The amendments made to the FISA Amendments Act of 

15 2008 (Public Law 110–261) by this section shall take ef16 fect on the earlier of the date of the enactment of this 

17 Act or December 31, 2017. 

18 SEC. 302. INCREASED PENALTY 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 ‘‘one year’’ and inserting ‘‘5 years’’. 


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1 SEC. 303. RULE OF CONSTRUCTION REGARDING CRIMINAL 

2 PENALTIES FOR UNAUTHORIZED USE OF IN3 FORMATION ACQUIRED UNDER SECTION 702 

4 AND UNAUTHORIZED DISCLOSURE OF 

5 UNITED STATES PERSON INFORMATION. 

6 Nothing in this Act or the amendments made by this 

7 Act may be construed to limit the application or effect of 

8 criminal penalties under section 552a(i) of title 5, United 

9 States Code, sections 1001, 1030, and 1924 of title 18, 

10 United States Code, or any other relevant provision of law, 

11 with respect to offenses relating to the unauthorized ac12 cess or use of information acquired under section 702 of 

13 the Foreign Intelligence Surveillance Act (50 U.S.C. 

14 1881a) or the unauthorized disclosure of United States 

15 person information acquired under such section. 

16 SEC. 304. COMPTROLLER GENERAL STUDY ON UNAUTHOR17 IZED DISCLOSURES AND THE CLASSIFICA18 TION SYSTEM. 

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

20 States shall conduct a study of the unauthorized disclosure 

21 of classified information and the classification system of 

22 the United States. 

23 (b) MATTERS INCLUDED.—The study under sub24 section (a) shall address the following: 

25 (1) Insider threat risks to the unauthorized dis26 closure of classified information. 


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1 (2) The effect of modern technology on the un2 authorized disclosure of classified information, in3 cluding with respect to— 

4 (A) using cloud storage for classified infor5 mation; and 

6 (B) any technological means to prevent or 

7 detect such unauthorized disclosure. 

8 (3) The effect of overclassification on the unau9 thorized disclosure of classified information. 

10 (4) Any ways to improve the classification sys11 tem of the United States, including with respect to 

12 changing the levels of classification used in such sys13 tem and to reduce overclassification. 

14 (5) How to improve the authorized sharing of 

15 classified information, including with respect to sen16 sitive compartmented information. 

17 (6) The value of polygraph tests in determining 

18 who is authorized to access classified information. 

19 (7) Whether each element of the intelligence 

20 community (as defined in section 3(4) of the Na21 tional Security Act of 1947 (50 U.S.C. 3003(4)))— 

22 (A) applies uniform standards in deter23 mining who is authorized to access classified in24 formation; and 


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1 (B) provides proper training with respect 

2 to the handling of classified information and 

3 the avoidance of overclassification. 

4 (c) COOPERATION.—The heads of the intelligence 

5 community shall provide to the Comptroller General infor6 mation the Comptroller General determines necessary to 

7 carry out the study under subsection (a). 

8 (d) REPORT.—Not later than 180 days after the date 

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

10 submit to the Committee on the Judiciary and the Perma11 nent Select Committee on Intelligence of the House of 

12 Representatives and the Committee on the Judiciary and 

13 the Select Committee on Intelligence of the Senate a re14 port containing the study under subsection (a). 

15 (e) FORM.—The report under subsection (d) shall be 

16 submitted in unclassified form, but may include a classi17 fied annex. 

18 SEC. 305. SENSE OF CONGRESS ON INFORMATION SHARING 

19 AMONG INTELLIGENCE COMMUNITY TO PRO20 TECT NATIONAL SECURITY. 

21 It is the sense of Congress that, in carrying out sec22 tion 702 of the Foreign Intelligence Surveillance Act of 

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

24 United States Government should ensure that the bar25 riers, whether real or perceived, to sharing critical foreign 


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1 intelligence among the intelligence community that existed 

2 before September 11, 2001, are not reimposed by sharing 

3 information vital to national security among the intel4 ligence community in a manner that is consistent with 

5 such section, applicable provisions of law, and the Con6 stitution of the United States. 

7 SEC. 306. SENSE OF CONGRESS ON COMBATING TER8 RORISM. 

9 It is the sense of Congress that, consistent with the 

10 protection of sources and methods, when lawful and ap11 propriate, the President should share information learned 

12 by acquiring communications under section 702 of the 

13 Foreign Intelligence Surveillance Act (50 U.S.C. 1881a) 

14 with allies of the United States to prevent and defend 

15 against terrorism. 

16 SEC. 307. TECHNICAL AMENDMENTS AND AMENDMENTS TO 

17 IMPROVE PROCEDURES OF THE FOREIGN IN18 TELLIGENCE SURVEILLANCE COURT OF RE19 VIEW. 

20 (a) TECHNICAL AMENDMENTS.—The Foreign Intel21 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 

22 is amended as follows: 

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

24 striking ‘‘designate as the’’ and inserting ‘‘des25 ignated as the’’. 


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

2 1822(a)(1)(A)(iii)), by striking ‘‘paragraphs (1) 

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

4 through (D)’’. 

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

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

7 the House of Representatives and the Senate’’. 

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

9 (A) in paragraph (1)(D), by striking ‘‘con10 tents’’ and inserting ‘‘contents,’’; and 

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

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

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

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

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

16 and 

17 (B) in subsection (b)— 

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

19 the subsection heading; and 

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

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

22 U.S.C. 3003(4))’’. 

23 (6) In section 702(g)(2)(A)(i) (50 U.S.C. 

24 1881a(g)(2)(A)(i)), by inserting ‘‘targeting’’ before 

25 ‘‘procedures in place’’. 


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

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

3 U.S.C. 3003(4))’’. 

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

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

6 seq.) is further amended as follows: 

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

8 (A) in subsection (b), by striking ‘‘imme9 diately’’; and 

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

11 court established under subsection (a)’’ and in12 serting ‘‘a court established under this section’’. 

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

14 adding at the end the following new paragraph: 

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

16 104 may be reviewed as provided in section 103.’’. 

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

18 striking ‘‘immediately’’. 

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

20 adding at the end the following new paragraph: 

21 ‘‘(3) A denial of the application made under this sub22 section may be reviewed as provided in section 103.’’. 

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

24 adding at the end the following new paragraph: 


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1 ‘‘(3) A denial of the application made under sub2 section (a)(2) may be reviewed as provided in section 

3 103.’’. 

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

5 adding at the end the following new paragraph: 

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

7 this subsection may be reviewed as provided in sec8 tion 103.’’. 

9 SEC. 308. SEVERABILITY. 

10 If any provision of this Act, any amendment made 

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

12 circumstances is held invalid, the validity of the remainder 

13 of the Act, of any such amendments, and of the applica14 tion of such provisions to other persons and circumstances 

15 shall not be affected thereby. 

16 SEC. 309. RULE OF CONSTRUCTION. 

17 Nothing in this Act or the amendments made by this 

18 Act shall be construed to authorize the acquisition, 

19 querying, retention, dissemination, or use of information 

20 not previously authorized under the FISA Amendments 

21 Act of 2008 or the amendments made by that Act. 

Æ 


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