(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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 tar-
get certain persons outside the United States, of communica-
tions that do not include persons targeted under such authori-
ties. 
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 1947 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 ap-
pointed 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 sur-
veillance under certain provisions of Foreign Intelligence Sur-
veillance Act of 1978. 
Sec. 12. Clarification of applicability of requirement to declassify significant de-
cisions of Foreign Intelligence Surveillance Court and Foreign 
Intelligence Surveillance Court of Review. 
Sec. 13. Clarification regarding treatment of information acquired under For-
eign Intelligence Surveillance Act of 1978. 
Sec. 14. Limitation on technical assistance from electronic communication serv-
ice 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 Surveil-
lance Act of 1978 authority. 
Sec. 17. Repeal of nonapplicability to Federal Bureau of Investigation of cer-
tain reporting requirements under Foreign Intelligence Surveil-
lance Act of 1978. 
Sec. 18. Publication of estimates regarding communications collected under cer-
tain provision of Foreign Intelligence Surveillance Act of 1978. 
Sec. 19. Four-year extension of FISA Amendments Act of 2008. 
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SEC. 2. CLARIFICATION ON PROHIBITION ON QUERYING OF 
COLLECTIONS 
OF 
COMMUNICATIONS 
TO 
CONDUCT WARRANTLESS QUERIES FOR THE 
COMMUNICATIONS OF UNITED STATES PER-
SONS AND PERSONS INSIDE THE UNITED 
STATES. 
Section 702(b) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1881a(b)) is amended— 
(1) by redesignating paragraphs (1) through 
(5) as subparagraphs (A) through (E), respectively, 
and indenting such subparagraphs, as so redesig-
nated, an additional two ems from the left margin; 
(2) by striking ‘‘An acquisition’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—An acquisition’’; and 
(3) by adding at the end the following: 
‘‘(2) CLARIFICATION
ON
PROHIBITION
ON 
QUERYING
OF
COLLECTIONS
OF
COMMUNICATIONS 
OF UNITED STATES PERSONS AND PERSONS INSIDE 
THE UNITED STATES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), no officer or em-
ployee of the United States may conduct a 
query of information acquired under this sec-
tion in an effort to find communications of or 
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about a particular United States person or a 
person inside the United States. 
‘‘(B) CONCURRENT
AUTHORIZATION
AND 
EXCEPTION
FOR
EMERGENCY
SITUATIONS.— 
Subparagraph (A) shall not apply to a query for 
communications related to a particular United 
States person or person inside the United 
States if— 
‘‘(i) such United States person or per-
son inside the United States is the subject 
of an order or emergency authorization au-
thorizing electronic surveillance or physical 
search under section 105, 304, 703, 704, 
or 705 of this Act, or under title 18, 
United States Code, for the effective period 
of that order; 
‘‘(ii) the entity carrying out the query 
has a reasonable belief that the life or safe-
ty of such United States person or person 
inside the United States is threatened and 
the information is sought for the purpose 
of assisting that person; 
‘‘(iii) such United States person or 
person in the United States is a corpora-
tion; or 
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‘‘(iv) such United States person or 
person inside the United States has con-
sented to the query. 
‘‘(C) QUERIES OF FEDERATED DATA SETS 
AND MIXED DATA.—If an officer or employee of 
the United States conducts a query of a data 
set, or of federated data sets, that includes any 
information acquired under this section, the 
system shall be configured not to return such 
information unless the officer or employee en-
ters a code or other information indicating 
that— 
‘‘(i) the person associated with the 
search term is not a United States person 
or person inside the United States; or 
‘‘(ii) if the person associated with the 
search term is a United States person or 
person inside the United States, one or 
more of the conditions of subparagraph 
(B) are satisfied. 
‘‘(D) MATTERS RELATING TO EMERGENCY 
QUERIES.— 
‘‘(i) TREATMENT
OF
DENIALS.—In 
the event that a query for communications 
related to a particular United States per-
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son or a person inside the United States is 
conducted pursuant to an emergency au-
thorization authorizing electronic surveil-
lance or a physical search described in sub-
section (B)(i) and the application for such 
emergency authorization is denied, or in 
any other case in which the query has been 
conducted and no order is issued approving 
the query— 
‘‘(I) no information obtained or 
evidence derived from such query may 
be received in evidence or otherwise 
disclosed in any trial, hearing, or 
other proceeding in or before any 
court, grand jury, department, office, 
agency, regulatory body, legislative 
committee, or other authority of the 
United States, a State, or political 
subdivision thereof; and 
‘‘(II) no information concerning 
any United States person acquired 
from such query may subsequently be 
used or disclosed in any other manner 
by Federal officers or employees with-
out the consent of such person, except 
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with the approval of the Attorney 
General if the information indicates a 
threat of death or serious bodily harm 
to any person. 
‘‘(ii) ASSESSMENT OF COMPLIANCE.— 
The Attorney General shall assess compli-
ance with the requirements under clause 
(i).’’. 
SEC. 3. PROHIBITION ON REVERSE TARGETING UNDER 
CERTAIN AUTHORITIES OF THE FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978. 
Section 702 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881a), as amended by section 
2, is further amended— 
(1) in subsection (b)(1)(B), as redesignated by 
section 2, by striking ‘‘the purpose of such acquisi-
tion is to target’’ and inserting ‘‘a significant pur-
pose of such acquisition is to acquire the commu-
nications of’’; 
(2) in subsection (d)(1)(A)— 
(A) by striking ‘‘ensure that’’ and insert-
ing the following: ‘‘ensure— 
‘‘(i) that’’; and 
(B) by adding at the end the following: 
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‘‘(ii) that an application is filed under 
title I, if otherwise required, when a sig-
nificant purpose of an acquisition author-
ized under subsection (a) is to acquire the 
communications of a particular, known 
person reasonably believed to be located in 
the United States; and’’; 
(3) in subsection (g)(2)(A)(i)(I)— 
(A) by striking ‘‘ensure that’’ and insert-
ing the following: ‘‘ensure— 
‘‘(aa) that’’; and 
(B) by adding at the end the following: 
‘‘(bb) that an application is 
filed under title I, if otherwise re-
quired, when a significant pur-
pose of an acquisition authorized 
under subsection (a) is to acquire 
the communications of a par-
ticular, known person reasonably 
believed to be located in the 
United States; and’’; and 
(4) in subsection (i)(2)(B)(i)— 
(A) by striking ‘‘ensure that’’ and insert-
ing the following: ‘‘ensure— 
‘‘(I) that’’; and 
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(B) by adding at the end the following: 
‘‘(II) that an application is filed 
under title I, if otherwise required, 
when a significant purpose of an ac-
quisition authorized under subsection 
(a) is to acquire the communications 
of a particular, known person reason-
ably believed to be located in the 
United States; and’’. 
SEC. 4. PROHIBITION ON ACQUISITION, PURSUANT TO CER-
TAIN FISA AUTHORITIES TO TARGET CER-
TAIN 
PERSONS 
OUTSIDE 
THE 
UNITED 
STATES, OF COMMUNICATIONS THAT DO NOT 
INCLUDE PERSONS TARGETED UNDER SUCH 
AUTHORITIES. 
Section 702(b)(1) of the Foreign Intelligence Surveil-
lance Act of 1978, as redesignated by section 2, is amend-
ed— 
(1) in subparagraph (D), as redesignated by 
section 2, by striking ‘‘; and’’ and inserting a semi-
colon; 
(2) by redesignating subparagraph (E) as sub-
paragraph (G); and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
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‘‘(E) may not acquire a communication as 
to which no participant is a person who is tar-
geted pursuant to the authorized acquisition;’’. 
SEC. 5. PROHIBITION ON ACQUISITION OF ENTIRELY DO-
MESTIC COMMUNICATIONS UNDER AUTHORI-
TIES TO TARGET CERTAIN PERSONS OUTSIDE 
THE UNITED STATES. 
Section 702(b)(1) of the Foreign Intelligence Surveil-
lance Act of 1978, as redesignated by section 2 and 
amended by section 4, is further amended by inserting 
after subparagraph (E), as added by section 4, the fol-
lowing: 
‘‘(F) may not acquire communications 
known to be entirely domestic; and’’. 
SEC. 6. LIMITATION ON USE OF INFORMATION OBTAINED 
UNDER CERTAIN AUTHORITY OF FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1947 RE-
LATING TO UNITED STATES PERSONS. 
Section 706(a) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1881e(a)) is amended— 
(1) by striking ‘‘Information acquired’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—Information acquired’’; and 
(2) by adding at the end the following: 
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‘‘(2) LIMITATION ON USE IN CRIMINAL, CIVIL, 
AND
ADMINISTRATIVE
PROCEEDINGS
AND
INVES-
TIGATIONS.—No communication to or from, or infor-
mation about, a person acquired under section 702 
who is either a United States person or is located in 
the United States may be introduced as evidence 
against the person in any criminal, civil, or adminis-
trative proceeding or used as part of any criminal, 
civil, or administrative investigation, except— 
‘‘(A) with the prior approval of the Attor-
ney General; and 
‘‘(B) in a proceeding or investigation in 
which the information is directly related to and 
necessary to address a specific threat of— 
‘‘(i) terrorism (as defined in clauses 
(i) through (iii) of section 2332(g)(5)(B) 
of title 18, United States Code); 
‘‘(ii) espionage (as used in chapter 37 
of title 18, United States Code); 
‘‘(iii) proliferation or use of a weapon 
of mass destruction (as defined in section 
2332a(c) of title 18, United States Code); 
‘‘(iv) a cybersecurity threat from a 
foreign country; 
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‘‘(v) incapacitation or destruction of 
critical infrastructure (as defined in section 
1016(e) of the USA PATRIOT Act (42 
U.S.C. 5195c(e))); or 
‘‘(vi) a threat to the armed forces of 
the United States or an ally of the United 
States or to other personnel of the United 
States Government or a government of an 
ally of the United States.’’. 
SEC. 7. REFORMS OF THE PRIVACY AND CIVIL LIBERTIES 
OVERSIGHT BOARD. 
(a) INCLUSION OF FOREIGN INTELLIGENCE ACTIVI-
TIES IN OVERSIGHT AUTHORITY OF THE PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD.—Section 1061 of 
the Intelligence Reform and Terrorism Prevention Act of 
2004 (42 U.S.C. 2000ee) is amended— 
(1) in subsection (c), by inserting ‘‘and to con-
duct foreign intelligence activities’’ after ‘‘terrorism’’ 
each place such term appears; and 
(2) in subsection (d), by inserting ‘‘and to con-
duct foreign intelligence activities’’ after ‘‘terrorism’’ 
each place such term appears. 
(b) SUBMISSION OF WHISTLEBLOWER COMPLAINTS 
TO
THE PRIVACY
AND CIVIL LIBERTIES OVERSIGHT 
BOARD.— 
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(1) IN GENERAL.—Section 1061 of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004 (42 U.S.C. 2000ee), as amended by subsection 
(a), is further amended— 
(A) in subsection (d), by adding at the end 
the following: 
‘‘(5) WHISTLEBLOWER COMPLAINTS.— 
‘‘(A) SUBMISSION
TO
BOARD.—An em-
ployee of, or contractor or detailee to, an ele-
ment of the intelligence community may submit 
to the Board a complaint or information that 
such employee, contractor, or detailee believes 
relates to a privacy or civil liberties concern. 
The confidentiality provisions under section 
2409(b)(3) of title 10, United States Code, 
shall apply to a submission under this subpara-
graph. Any disclosure under this subparagraph 
shall be protected against discrimination under 
the procedures, burdens of proof, and remedies 
set forth in section 2409 of such title. 
‘‘(B) AUTHORITY OF BOARD.—The Board 
may take such action as the Board considers 
appropriate with respect to investigating a com-
plaint or information submitted under subpara-
graph (A) or transmitting such complaint or in-
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formation to any other Executive agency or the 
congressional intelligence committees. 
‘‘(C) RELATIONSHIP TO EXISTING LAWS.— 
The authority under subparagraph (A) of an 
employee, contractor, or detailee to submit to 
the Board a complaint or information shall be 
in addition to any other authority under an-
other provision of law to submit a complaint or 
information. Any action taken under any other 
provision of law by the recipient of a complaint 
or information shall not preclude the Board 
from taking action relating to the same com-
plaint or information. 
‘‘(D) RELATIONSHIP TO ACTIONS TAKEN 
UNDER OTHER LAWS.—Nothing in this para-
graph shall prevent— 
‘‘(i) any individual from submitting a 
complaint or information to any authorized 
recipient of the complaint or information; 
or 
‘‘(ii) the recipient of a complaint or 
information from taking independent ac-
tion on the complaint or information.’’; 
and 
(B) by adding at the end the following: 
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‘‘(n) DEFINITIONS.—In this section, the terms ‘con-
gressional intelligence committees’ and ‘intelligence com-
munity’ have the meanings given such terms in section 
3 of the National Security Act of 1947 (50 U.S.C. 
3003).’’. 
(2) PROHIBITED PERSONNEL PRACTICES.—Sec-
tion 2302(b)(8)(B) of title 5, United States Code, is 
amended, in the matter preceding clause (i), by 
striking ‘‘or to the Inspector of an agency or another 
employee designated by the head of the agency to re-
ceive such disclosures’’ and inserting ‘‘the Inspector 
General of an agency, a supervisor in the employee’s 
direct chain of command (up to and including the 
head of the employing agency), the Privacy and Civil 
Liberties Oversight Board, or an employee des-
ignated by any of the aforementioned individuals for 
the purpose of receiving such disclosures’’. 
(c) PRIVACY
AND CIVIL LIBERTIES OVERSIGHT 
BOARD SUBPOENA POWER.—Section 1061(g) of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (42 
U.S.C. 2000ee(g)) is amended— 
(1) in paragraph (1)(D), by striking ‘‘submit a 
written request to the Attorney General of the 
United States that the Attorney General’’; 
(2) by striking paragraph (2); and 
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(3) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively. 
(d) APPOINTMENT OF STAFF OF THE PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD.—Section 1061(j) 
of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (42 U.S.C. 2000ee(j)) is amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) APPOINTMENT
IN
ABSENCE
OF
CHAIR-
MAN.—If the position of chairman of the Board is 
vacant, during the period of the vacancy the Board, 
at the direction of the majority of the members of 
the Board, may exercise the authority of the chair-
man under paragraph (1).’’. 
(e) TENURE AND COMPENSATION OF PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD MEMBERS
AND 
STAFF.— 
(1) IN GENERAL.—Section 1061 of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004 (42 U.S.C. 2000ee), as amended by sub-
sections (a) and (b), is further amended— 
(A) in subsection (h)— 
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(i) in paragraph (1), by inserting 
‘‘full-time’’ after ‘‘4 additional’’; and 
(ii) in paragraph (4)(B), by striking 
‘‘, except that’’ and all that follows 
through the end and inserting a period; 
(B) in subsection (i)(1)— 
(i) in subparagraph (A), by striking 
‘‘level III of the Executive Schedule under 
section 5314’’ and inserting ‘‘level II of the 
Executive Schedule under section 5313’’; 
and 
(ii) in subparagraph (B), by striking 
‘‘level IV of the Executive Schedule’’ and 
all that follows through the end and insert-
ing ‘‘level III of the Executive Schedule 
under section 5314 of title 5, United 
States Code.’’; and 
(C) in subsection (j)(1), by striking ‘‘level 
V of the Executive Schedule under section 
5316’’ and inserting ‘‘level IV of the Executive 
Schedule under section 5315’’. 
(2) EFFECTIVE DATE; APPLICABILITY.— 
(A) IN GENERAL.—The amendments made 
by paragraph (1)— 
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(referred to in this clause as a ‘‘cur-
rent member’’) may make an election 
to— 
(aa) serve as a member of 
the Privacy and Civil Liberties 
Oversight Board on a full-time 
basis and in accordance with sec-
tion 1061 of the Intelligence Re-
form and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee), 
as amended by this section; or 
(bb) serve as a member of 
the Privacy and Civil Liberties 
Oversight Board on a part-time 
basis in accordance with such 
section 1061, as in effect on the 
day before the date of the enact-
ment of this Act, including the 
limitation on service after the ex-
piration of the term of the mem-
ber under subsection (h)(4)(B) of 
such section, as in effect on the 
day before the date of the enact-
ment of this Act. 
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(II) ELECTION TO SERVE FULL 
TIME.—A current member making an 
election under subclause (I)(aa) shall 
begin serving as a member of the Pri-
vacy and Civil Liberties Oversight 
Board on a full-time basis on the first 
day of the first pay period beginning 
not less than 60 days after the date 
on which the current member makes 
such election. 
(f) PROVISION OF INFORMATION ABOUT GOVERN-
MENT ACTIVITIES UNDER THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND CIVIL 
LIBERTIES OVERSIGHT BOARD.—The Attorney General 
shall fully inform the Privacy and Civil Liberties Oversight 
Board about any activities carried out by the Government 
under the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), including by providing to the 
Board— 
(1) copies of each detailed report submitted to 
a committee of Congress under such Act; and 
(2) copies of each decision, order, and opinion 
of the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review re-
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quired to be included in the report under section 
601(a) of such Act (50 U.S.C. 1871(a)). 
SEC. 8. IMPROVED ROLE IN OVERSIGHT OF ELECTRONIC 
SURVEILLANCE 
BY 
AMICI 
CURIAE 
AP-
POINTED BY COURTS UNDER FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978. 
(a) ROLE OF AMICI CURIAE GENERALLY.— 
(1) IN GENERAL.—Section 103(i)(1) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803(i)(1)) is amended by adding at the end 
the following: ‘‘Any amicus curiae designated pursu-
ant to this paragraph may raise any issue with the 
Court at any time.’’. 
(2) REFERRAL OF CASES FOR REVIEW.—Sec-
tion 103(i) of such Act is amended— 
(A) 
by 
redesignating 
paragraphs 
(5) 
through (10) as paragraphs (6) through (11), 
respectively; and 
(B) by inserting after paragraph (4) the 
following: 
‘‘(5) REFERRAL FOR REVIEW.— 
‘‘(A) REFERRAL
TO
FOREIGN
INTEL-
LIGENCE SURVEILLANCE COURT EN BANC.—If 
the court established under subsection (a) ap-
points an amicus curiae under paragraph 
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(2)(A) to assist the Court in the consideration 
of any matter presented to the Court under this 
Act and the Court makes a decision with re-
spect to such matter, the Court, in response to 
an application by the amicus curiae or any 
other individual designated under paragraph 
(1), may refer the decision to the Court en banc 
for review as the Court considers appropriate. 
‘‘(B) REFERRAL
TO
FOREIGN
INTEL-
LIGENCE SURVEILLANCE COURT OF REVIEW.— 
If the court established under subsection (a) 
appoints an amicus curiae under paragraph 
(2)(A) to assist the Court in the consideration 
of any matter presented to the Court under this 
Act and the Court makes a decision with re-
spect to such matter, the Court, in response to 
an application by the amicus curiae or any 
other individual designated under paragraph (1) 
may refer the decision to the court established 
under subsection (b) for review as the Court 
considers appropriate. 
‘‘(C) REFERRAL TO SUPREME COURT.—If 
the Court of Review appoints an amicus curiae 
under paragraph (2) to assist the Court of Re-
view in the review of any matter presented to 
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the Court of Review under this Act or a ques-
tion of law that may affect resolution of a mat-
ter in controversy and the Court of Review 
makes a decision with respect to such matter or 
question of law, the Court of Review, in re-
sponse to an application by the amicus curiae 
or any other individual designated under para-
graph (1) may refer the decision to the Su-
preme Court for review as the Court of Review 
considers appropriate. 
‘‘(D) ANNUAL REPORT.—Not later than 60 
days after the end of each calendar year, the 
Court and the Court of Review shall each pub-
lish, on their respective websites, a report list-
ing— 
‘‘(i) the number of applications for re-
ferral received by the Court or the Court 
of Review, as applicable, during the most 
recently concluded calendar year; and 
‘‘(ii) the number of such applications 
for referral that were granted by the Court 
or the Court of Review, as applicable, dur-
ing such calendar year.’’. 
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(3) ASSISTANCE.—Section 103(i)(6) of such 
Act, as redesignated, is further amended to read as 
follows: 
‘‘(6) ASSISTANCE.—Any individual designated 
pursuant to paragraph (1) may raise a legal or tech-
nical issue or any other issue with the Court or the 
Court of Review at any time. If an amicus curiae is 
appointed under paragraph (2)(A)— 
‘‘(A) the court shall notify all other amicus 
curiae designated under paragraph (1) of such 
appointment; 
‘‘(B) the appointed amicus curiae may re-
quest, either directly or through the court, the 
assistance of the other amici curiae designated 
under paragraph (1); and 
‘‘(C) all amici curiae designated under 
paragraph (1) may provide input to the court 
whether or not such input was formally re-
quested by the court or the appointed amicus 
curiae.’’. 
(4) 
ACCESS
TO
INFORMATION.—Section 
103(i)(7) of such Act, as redesignated, is further 
amended— 
(A) in subparagraph (A)— 
(i) in clause (i)— 
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(I) by striking ‘‘that the court’’ 
and inserting the following: ‘‘that— 
‘‘(I) the court’’; and 
(II) by striking ‘‘and’’ at the end 
and inserting the following: ‘‘or 
‘‘(II) are cited by the Govern-
ment in an application or case with 
respect to which an amicus curiae is 
assisting a court under this sub-
section;’’; 
(ii) by redesignating clause (ii) as 
clause (iii); and 
(iii) by inserting after clause (i) the 
following: 
‘‘(ii) 
shall 
have 
access 
to 
an 
unredacted copy of each decision made by 
a court established under subsection (a) or 
(b) in which the court decides a question 
of law, notwithstanding whether the deci-
sion is classified; and’’; 
(B) in subparagraph (B), by striking 
‘‘may’’ and inserting ‘‘shall’’; and 
(C) in subparagraph (C)— 
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(i) in the subparagraph heading, by 
striking ‘‘CLASSIFIED INFORMATION’’ and 
inserting ‘‘ACCESS TO INFORMATION’’; and 
(ii) by striking ‘‘court may have ac-
cess’’ and inserting the following: ‘‘court— 
‘‘(i) shall have access to unredacted 
copies of each opinion, order, transcript, 
pleading, or other document of the Court 
and the Court of Review; and 
‘‘(ii) may have access’’. 
(5) PUBLIC NOTICE AND RECEIPT OF BRIEFS 
FROM THIRD PARTIES.—Section 103(i) of such Act, 
as amended by this subsection, is further amended 
by adding at the end the following: 
‘‘(12) PUBLIC NOTICE AND RECEIPT OF BRIEFS 
FROM
THIRD
PARTIES.—Whenever a court estab-
lished under subsection (a) or (b) considers a novel 
question of law that can be considered without dis-
closing classified information, sources, or methods, 
the court shall, to the greatest extent practicable, 
consider such question in an open manner— 
‘‘(A) by publishing on its website each 
question of law that the court is considering; 
and 
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‘‘(B) by accepting briefs from third parties 
relating to the question under consideration by 
the court.’’. 
(b) PARTICIPATION OF AMICI CURIAE IN OVERSIGHT 
OF AUTHORIZATIONS FOR TARGETING OF CERTAIN PER-
SONS OUTSIDE
THE UNITED STATES OTHER THAN 
UNITED STATES PERSONS.— 
(1) IN
GENERAL.—Section 702(i)(2) of such 
Act (50 U.S.C. 1881a(i)(2)) is amended— 
(A) in subparagraph (B), by redesignating 
clauses (i) and (ii) as subclauses (I) and (II), 
respectively, and adjusting the indentation of 
the margin of such subclauses, as so redesig-
nated, two ems to the right; 
(B) by redesignating subparagraphs (A) 
through (C) as clauses (i) through (iii), respec-
tively, and adjusting the indentation of the 
margin of such clauses, as so redesignated, two 
ems to the right; 
(C) by inserting before clause (i), as redes-
ignated by subparagraph (B), the following: 
‘‘(A) IN GENERAL.—’’; and 
(D) by adding at the end the following: 
‘‘(B) PARTICIPATION BY AMICI CURIAE.— 
In reviewing a certification under subparagraph 
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(A)(i), the Court shall randomly select an ami-
cus curiae designated under section 103(i) to 
assist with such review.’’. 
(2) SCHEDULE.—Section 702(i)(5)(A) of such 
Act is amended by striking ‘‘at least 30 days prior 
to the expiration of such authorization’’ and insert-
ing ‘‘such number of days before the expiration of 
such authorization as the Court considers necessary 
to comply with the requirements of paragraph 
(2)(B) or 30 days, whichever is greater’’. 
(c) PUBLIC NOTICE OF QUESTIONS OF LAW CER-
TIFIED FOR REVIEW.—Section 103(j) of such Act (50 
U.S.C. 1803(j)) is amended— 
(1) by striking ‘‘Following’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Following’’; and 
(2) by adding at the end the following: 
‘‘(2) PUBLIC NOTICE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), whenever a court established 
under subsection (a) certifies a question of law 
for review under paragraph (1) of this sub-
section, the court shall publish on its website— 
‘‘(i) a notice of the question of law to 
be reviewed; and 
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‘‘(ii) briefs submitted by the parties, 
which may be redacted at the discretion of 
the court to protect sources, methods, and 
other classified information. 
‘‘(B) PROTECTION OF CLASSIFIED INFOR-
MATION, SOURCES, AND METHODS.—Subpara-
graph (A) shall apply to the greatest extent 
practicable, consistent with otherwise applicable 
law on the protection of classified information, 
sources, and methods.’’. 
SEC. 9. REFORMS TO THE FOREIGN INTELLIGENCE SUR-
VEILLANCE COURT. 
(a) FISA COURT JUDGES.— 
(1) NUMBER AND DESIGNATION OF JUDGES.— 
Section 103(a)(1) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1803(a)(1)) is 
amended to read as follows: 
‘‘(1)(A) There is a court which shall have jurisdiction 
to hear applications for and to grant orders approving 
electronic surveillance anywhere within the United States 
under the procedures set forth in this Act. 
‘‘(B)(i) The court established under subparagraph 
(A) shall consist of 13 judges, one of whom shall be des-
ignated from each judicial circuit (including the United 
States Court of Appeals for the District of Columbia and 
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the United States Court of Appeals for the Federal Cir-
cuit). 
‘‘(ii) The Chief Justice of the United States shall— 
‘‘(I) designate each judge of the court estab-
lished under subparagraph (A) from the nominations 
made under subparagraph (C); and 
‘‘(II) make the name of each judge of such 
court available to the public. 
‘‘(C)(i) When a vacancy occurs in the position of a 
judge of the court established under subparagraph (A) 
from a judicial circuit, the chief judge of the circuit shall 
propose a district judge for a judicial district within the 
judicial circuit to be designated for that position. 
‘‘(ii) If the Chief Justice does not designate a district 
judge proposed under clause (i), the chief judge shall pro-
pose 2 other district judges for a judicial district within 
the judicial circuit to be designated for that position and 
the Chief Justice shall designate 1 such district judge to 
that position. 
‘‘(D) No judge of the court established under sub-
paragraph (A) (except when sitting en banc under para-
graph (2)) shall hear the same application for electronic 
surveillance under this Act which has been denied pre-
viously by another judge of such court. 
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‘‘(E) If any judge of the court established under sub-
paragraph (A) denies an application for an order author-
izing electronic surveillance under this Act, such judge 
shall provide immediately for the record a written state-
ment of each reason for the judge’s decision and, on mo-
tion of the United States, the record shall be transmitted, 
under seal, to the court of review established in subsection 
(b).’’. 
(2) TENURE.—Section 103(d) of such Act is 
amended by striking ‘‘redesignation,’’ and all that 
follows through the end and inserting ‘‘redesigna-
tion.’’. 
(3) IMPLEMENTATION.— 
(A) INCUMBENTS.—A district judge des-
ignated to serve on the court established under 
subsection (a) of such section before the date of 
enactment of this Act may continue to serve in 
that position until the end of the term of the 
district judge under subsection (d) of such sec-
tion, as in effect on the day before the date of 
the enactment of this Act. 
(B) INITIAL APPOINTMENT AND TERM.— 
Notwithstanding any provision of such section, 
as amended by paragraphs (1) and (2), and not 
later than 180 days after the date of enactment 
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of this Act, the Chief Justice of the United 
States shall— 
(i) designate a district court judge 
who is serving in a judicial district within 
the District of Columbia circuit and pro-
posed by the chief judge of such circuit to 
be a judge of the court established under 
section 103(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 
1803(a)) for an initial term of 7 years; and 
(ii) designate a district court judge 
who is serving in a judicial district within 
the Federal circuit and proposed by the 
chief judge of such circuit to be a judge of 
such court for an initial term of 4 years. 
(b) COURT OF REVIEW.—Section 103(b) of such Act 
is amended— 
(1) by striking ‘‘The Chief Justice’’ and insert-
ing ‘‘(1) Subject to paragraph (2), the Chief Jus-
tice’’; and 
(2) by adding at the end the following: 
‘‘(2) The Chief Justice may designate a district court 
judge or circuit court judge to a position on the court es-
tablished under paragraph (1) only if at least 5 associate 
justices approve the designation of such individual.’’. 
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SEC. 10. STUDY AND REPORT ON DIVERSITY AND REP-
RESENTATION ON THE FISA COURT AND THE 
FISA COURT OF REVIEW. 
(a) STUDY.—The Committee on Intercircuit Assign-
ments of the Judicial Conference of the United States 
shall conduct a study on how to ensure judges are ap-
pointed to the court established under subsection (a) of 
section 103 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803) and the court established under 
subsection (b) of such section in a manner that ensures 
such courts are diverse and representative. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Committee on Intercir-
cuit Assignments shall submit to Congress a report on the 
study carried out under subsection (a). 
SEC. 11. GROUNDS FOR DETERMINING INJURY IN FACT IN 
CIVIL ACTION RELATING TO SURVEILLANCE 
UNDER CERTAIN PROVISIONS OF FOREIGN 
INTELLIGENCE SURVEILLANCE ACT OF 1978. 
Section 702 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881a), as amended by sections 
2, 3, 4, 5, and 8(b), is further amended by adding at the 
end the following: 
‘‘(m) CHALLENGES
TO
GOVERNMENT
SURVEIL-
LANCE.— 
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SEC. 12. CLARIFICATION OF APPLICABILITY OF REQUIRE-
MENT TO DECLASSIFY SIGNIFICANT DECI-
SIONS OF FOREIGN INTELLIGENCE SURVEIL-
LANCE COURT AND FOREIGN INTELLIGENCE 
SURVEILLANCE COURT OF REVIEW. 
Section 602 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1872) shall apply with respect 
to decisions, orders, and opinions described in subsection 
(a) of such section that were issued on, before, or after 
the date of the enactment of the Uniting and Strength-
ening America by Fulfilling Rights and Ensuring Effective 
Discipline Over Monitoring Act of 2015 (Public Law 114– 
23). 
SEC. 13. CLARIFICATION REGARDING TREATMENT OF IN-
FORMATION ACQUIRED UNDER FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978. 
(a) DERIVED DEFINED.— 
(1) IN GENERAL.—Section 101 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801) is amended by adding at the end the fol-
lowing: 
‘‘(q) For the purposes of notification provisions of 
this Act, information or evidence is ‘derived’ from an elec-
tronic surveillance, physical search, use of a pen register 
or trap and trace device, production of tangible things, 
or acquisition under this Act when the Government would 
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not have originally possessed the information or evidence 
but for that electronic surveillance, physical search, use 
of a pen register or trap and trace device, production of 
tangible things, or acquisition, and regardless of any claim 
that the information or evidence is attenuated from the 
surveillance or search, would inevitably have been discov-
ered, or was subsequently reobtained through other 
means.’’. 
(2) POLICIES AND GUIDANCE.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
Attorney General and the Director of National 
Intelligence shall publish the following: 
(i) Policies concerning the application 
of subsection (q) of section 101 of such 
Act, as added by paragraph (1). 
(ii) Guidance for all members of the 
intelligence community (as defined in sec-
tion 3 of the National Security Act of 
1947 (50 U.S.C. 3003)) and all Federal 
agencies with law enforcement responsibil-
ities concerning the application of such 
subsection. 
(B) MODIFICATIONS.—Whenever the At-
torney General and the Director modify a policy 
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or guidance published under subparagraph (A), 
the Attorney General and the Director shall 
publish such modifications. 
(b) USE OF INFORMATION ACQUIRED UNDER TITLE 
VII.—Section 706 of such Act (50 U.S.C. 1881e) is 
amended— 
(1) in subsection (a), by striking ‘‘, except for 
the purposes of subsection (j) of such section’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) INFORMATION ACQUIRED UNDER SECTIONS 
703–705.—Information acquired from an acquisition con-
ducted under section 703, 704, or 705 shall be deemed 
to be information acquired from an electronic surveillance 
pursuant to title I for the purposes of section 106.’’. 
SEC. 14. LIMITATION ON TECHNICAL ASSISTANCE FROM 
ELECTRONIC 
COMMUNICATION 
SERVICE 
PROVIDERS UNDER THE FOREIGN INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
Section 702(h)(1) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1881a(h)(1)) is amended— 
(1) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively, and moving 
such clauses 2 ems to the right; 
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(2) by striking ‘‘With respect to’’ and inserting 
the following: 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in carrying out’’; and 
(3) by adding at the end the following: 
‘‘(B) LIMITATIONS.—The Attorney Gen-
eral or the Director of National Intelligence 
may not request assistance from an electronic 
communication service provider under subpara-
graph (A) without demonstrating, to the satis-
faction of the Court, that the assistance 
sought— 
‘‘(i) is necessary; 
‘‘(ii) is narrowly tailored to the sur-
veillance at issue; and 
‘‘(iii) would not pose an undue burden 
on the electronic communication service 
provider or its customers who are not an 
intended target of the surveillance. 
‘‘(C) COMPLIANCE.—An electronic commu-
nication service provider is not obligated to 
comply with a directive to provide assistance 
under this paragraph unless— 
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‘‘(i) such assistance is a manner or 
method that has been explicitly approved 
by the Court; and 
‘‘(ii) the Court issues an order, which 
has been delivered to the provider, explic-
itly describing the assistance to be fur-
nished by the provider that has been ap-
proved by the Court.’’. 
SEC. 15. MODIFICATION OF AUTHORITIES FOR PUBLIC RE-
PORTING BY PERSONS SUBJECT TO NON-
DISCLOSURE REQUIREMENT ACCOMPANYING 
ORDER UNDER FOREIGN INTELLIGENCE SUR-
VEILLANCE ACT OF 1978. 
(a) MODIFICATION OF AGGREGATION BANDING.— 
Subsection (a) of section 604 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1874) is amended— 
(1) by striking paragraphs (1) through (3) and 
inserting the following: 
‘‘(1) A semiannual report that aggregates the 
number of orders, directives, or national security let-
ters with which the person was required to comply 
into separate categories of— 
‘‘(A) the number of national security let-
ters received, reported— 
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