I 
115TH CONGRESS 
1ST SESSION H. R. 3989 
To amend the Foreign Intelligence Surveillance Act of 1978 to clarify and 
improve the procedures and accountability for authorizing certain acquisi-
tions of foreign intelligence, to extend title VII of such Act, to ensure 
that the barriers to sharing critical foreign intelligence among the intel-
ligence community that existed before September 11, 2001, are not 
reimposed, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 6, 2017 
Mr. GOODLATTE (for himself, Mr. CONYERS, Mr. SENSENBRENNER, Mr. NAD-
LER, Mr. SMITH of Texas, Ms. JACKSON LEE, Mr. COLLINS of Georgia, 
Mr. JOHNSON of Georgia, Mr. RUTHERFORD, Mr. DEUTCH, Mr. CHABOT, 
Mr. RASKIN, and Mr. JOHNSON of Louisiana) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committees on Oversight and Government Reform, Intel-
ligence (Permanent Select), and Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
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 intel-
ligence, 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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Uniting and Strengthening American Liberty Act of 
2017’’ or the ‘‘USA Liberty Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE AND 
ACCOUNTABILITY 
Sec. 101. Court orders and protection of incidentally collected United States 
person communications. 
Sec. 102. Limitation on collection and improvements to targeting procedures 
and minimization procedures. 
Sec. 103. Publication of minimization procedures under section 702. 
Sec. 104. Appointment of amicus curiae for annual certifications. 
Sec. 105. Increased accountability on incidentally collected communications. 
Sec. 106. Semiannual reports on certain queries by Federal Bureau of Inves-
tigation. 
Sec. 107. Additional reporting requirements. 
Sec. 108. 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 commu-
nity. 
TITLE III—EXTENSION OF AUTHORITIES, INCREASED 
PENALTIES, REPORTS, AND OTHER MATTERS 
Sec. 301. Extension of title VII of FISA. 
Sec. 302. Penalties for unauthorized removal and retention of classified docu-
ments or material. 
Sec. 303. Comptroller General study on unauthorized disclosures and the classi-
fication system. 
Sec. 304. Sense of Congress on information sharing among intelligence commu-
nity to protect national security. 
Sec. 305. Sense of Congress on combating terrorism. 
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Sec. 306. Technical amendments. 
Sec. 307. Severability. 
TITLE 
I—FOREIGN 
INTEL-
LIGENCE SURVEILLANCE AND 
ACCOUNTABILITY 
SEC. 101. COURT ORDERS AND PROTECTION OF INCIDEN-
TALLY COLLECTED UNITED STATES PERSON 
COMMUNICATIONS. 
(a) IN GENERAL.—Section 702 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1881a) is 
amended— 
(1) by redesignating subsections (j) through (l) 
as subsections (k) through (m), respectively; and 
(2) by inserting after subsection (i) the fol-
lowing new subsection (j): 
‘‘(j) REQUIREMENTS FOR ACCESS AND DISSEMINA-
TION OF COLLECTIONS OF COMMUNICATIONS.— 
‘‘(1) COURT
ORDERS
AND
OTHER
REQUIRE-
MENTS.— 
‘‘(A) COURT
ORDERS
TO
ACCESS
CON-
TENTS.—Except as provided by subparagraph 
(C), in response to a query for evidence of a 
crime, the contents of queried communications 
acquired under subsection (a) may be accessed 
or disseminated only upon— 
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‘‘(i) an application by the Attorney 
General to a judge of the Foreign Intel-
ligence Surveillance Court that describes 
the determination of the Attorney General 
that— 
‘‘(I) there is probable cause to 
believe that such contents may provide 
evidence of a crime specified in sec-
tion 2516 of title 18, United States 
Code (including crimes covered by 
paragraph (2) of such section); 
‘‘(II) 
noncontents 
information 
accessed or disseminated pursuant to 
subparagraph (B) is not the sole basis 
for such probable cause; 
‘‘(III) such queried communica-
tions are relevant to an authorized in-
vestigation or assessment, provided 
that such investigation or assessment 
is not conducted solely on the basis of 
activities 
protected 
by 
the 
first 
amendment to the Constitution of the 
United States; and 
‘‘(IV) any use of such queried 
communications pursuant to section 
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706 will be carried out in accordance 
with such section; and 
‘‘(ii) an order of the judge approving 
such application. 
‘‘(B) RELEVANCE AND SUPERVISORY AP-
PROVAL
TO
ACCESS
NONCONTENTS
INFORMA-
TION.—Except as provided by subparagraph 
(C), in response to a query for evidence of a 
crime, the information of queried communica-
tions acquired under subsection (a) relating to 
the dialing, routing, addressing, signaling, or 
other similar noncontents information may be 
accessed or disseminated only upon a deter-
mination by the Attorney General that— 
‘‘(i) such queried communications are 
relevant to an authorized investigation or 
assessment, provided that such investiga-
tion or assessment is not conducted solely 
on the basis of activities protected by the 
first amendment to the Constitution of the 
United States; and 
‘‘(ii) any use of such queried commu-
nications pursuant to section 706 will be 
carried out in accordance with such sec-
tion. 
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‘‘(C) EXCEPTIONS.—The requirement for 
an order of a judge pursuant to subparagraph 
(A) and the requirement for a determination by 
the Attorney General under subparagraph (B), 
respectively, shall not apply to accessing or dis-
seminating queried communications acquired 
under subsection (a) if one or more of the fol-
lowing conditions are met: 
‘‘(i) Such query is reasonably designed 
for the primary purpose of returning for-
eign intelligence information. 
‘‘(ii) The Attorney General makes the 
determination described in subparagraph 
(A)(i) and— 
‘‘(I) the person related to the 
queried term is the subject of an 
order or emergency authorization that 
authorizes electronic surveillance or 
physical search under this Act or title 
18, United States Code; or 
‘‘(II) the Attorney General has a 
reasonable belief that the life or safety 
of a person is threatened and such 
contents are sought for the purpose of 
assisting that person. 
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‘‘(iii) Pursuant to paragraph (5), the 
person related to the queried term consents 
to such access or dissemination. 
‘‘(D) LIMITATION
ON
ELECTRONIC
SUR-
VEILLANCE OF UNITED STATES PERSONS.—If 
the Attorney General determines that it is nec-
essary to conduct electronic surveillance on a 
known United States person who is related to 
a term used in a query of communications ac-
quired under subsection (a), the Attorney Gen-
eral may only conduct such electronic surveil-
lance using authority provided under other pro-
visions of law. 
‘‘(E) SIMULTANEOUS
ACCESS
OF
FBI 
DATABASES.—The Director of the Federal Bu-
reau of Investigation shall ensure that all avail-
able investigative or intelligence databases of 
the Federal Bureau of Investigation are simul-
taneously accessed when the Bureau properly 
uses an information system of the Bureau to 
determine whether information exists in such a 
database. Regardless of any positive result that 
may be returned pursuant to such access, the 
requirements of this subsection shall apply. 
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‘‘(F) DELEGATION.—The Attorney General 
shall delegate the authority under this para-
graph to the fewest number of officials that the 
Attorney General determines practicable. 
‘‘(2) AUTHORIZED PURPOSES FOR QUERIES.—A 
collection of communications acquired under sub-
section (a) may only be queried for legitimate na-
tional security purposes or legitimate law enforce-
ment purposes. 
‘‘(3) RETENTION OF AUDITABLE RECORDS.— 
The Attorney General and each Director concerned 
shall retain records of queries that return a positive 
result from a collection of communications acquired 
under subsection (a). Such records shall— 
‘‘(A) include such queries for not less than 
5 years after the date on which the query is 
made; and 
‘‘(B) be maintained in a manner that is 
auditable and available for congressional over-
sight. 
‘‘(4) COMPLIANCE
AND
MAINTENANCE.—The 
requirements of this subsection do not apply with re-
spect to queries made for the purpose of— 
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‘‘(A) submitting to Congress information 
required by this Act or otherwise ensuring com-
pliance with the requirements of this section; or 
‘‘(B) performing maintenance or testing of 
information systems. 
‘‘(5) CONSENT.—The requirements of this sub-
section do not apply with respect to— 
‘‘(A) queries made using a term relating to 
a person who consents to such queries; or 
‘‘(B) the accessing or the dissemination of 
the contents of queried communications of a 
person who consents to such access or dissemi-
nation. 
‘‘(6) DIRECTOR
CONCERNED.—In this sub-
section, the term ‘Director concerned’ means the fol-
lowing: 
‘‘(A) The Director of the National Security 
Agency, with respect to matters concerning the 
National Security Agency. 
‘‘(B) The Director of the Federal Bureau 
of Investigation, with respect to matters con-
cerning the Federal Bureau of Investigation. 
‘‘(C) The Director of the Central Intel-
ligence Agency, with respect to matters con-
cerning the Central Intelligence Agency. 
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‘‘(D) 
The 
Director 
of 
the 
National 
Counterterrorism Center, with respect to mat-
ters concerning the National Counterterrorism 
Center.’’. 
(b) PROCEDURES.—Subsection (e) of such section 
(50 U.S.C. 1881a(e)) is amended by adding at the end 
the following new paragraph: 
‘‘(3) CERTAIN PROCEDURES FOR QUERYING.— 
The minimization procedures adopted in accordance 
with paragraph (1) shall describe a query reasonably 
designed for the primary purpose of returning for-
eign intelligence information pursuant to subsection 
(j)(1)(C)(i).’’. 
(c) 
CONFORMING
AMENDMENT.—Subsection 
(g)(2)(B) of such section (50 U.S.C. 1881a(g)(2)(B)) is 
amended by striking ‘‘and (e)’’ and inserting ‘‘(e), and 
(j)’’. 
SEC. 102. LIMITATION ON COLLECTION AND IMPROVE-
MENTS TO TARGETING PROCEDURES AND 
MINIMIZATION PROCEDURES. 
(a) TARGETING PROCEDURES; LIMITATION ON COL-
LECTION.—Subsection (d) of section 702 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1881a(d)) is amended— 
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(1) in paragraph (1), by striking ‘‘The Attorney 
General’’ and inserting ‘‘In accordance with para-
graphs (3) and (4), the Attorney General’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(3) DUE DILIGENCE.—The procedures adopted 
in accordance with paragraph (1) shall require due 
diligence in determining whether a person targeted 
is a non-United States person reasonably believed to 
be located outside the United States by— 
‘‘(A) making the determination based on 
the totality of the circumstances, including by, 
to the extent practicable, ensuring that any con-
flicting information regarding whether the per-
son is reasonably believed to be located outside 
the United States or is a United States person 
is resolved before making such determination; 
‘‘(B) documenting the processes under sub-
paragraph (A); and 
‘‘(C) documenting the rationale for why 
targeting such person will result in the acquisi-
tion of foreign intelligence information author-
ized by subsection (a). 
‘‘(4) LIMITATION.—During the period pre-
ceding September 30, 2023, the procedures adopted 
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in accordance with paragraph (1) shall require that 
the targeting of a person is limited to communica-
tions to or from the targeted person.’’. 
(b) MINIMIZATION PROCEDURES.—Subsection (e) of 
such section (50 U.S.C. 1881a(e)), as amended by section 
101, is further amended— 
(1) in paragraph (1), by inserting ‘‘, and the re-
quirements of this subsection’’ before the period at 
the end; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) REQUESTS TO UNMASK INFORMATION.— 
The procedures adopted under paragraph (1) shall 
include specific procedures adopted by the Attorney 
General for elements of the Federal Government to 
submit requests to unmask information in dissemi-
nated intelligence reports. Such specific procedures 
shall— 
‘‘(A) require that an individual who is 
making the request documents the rationale 
that such request is for legitimate reasons au-
thorized pursuant to paragraph (1); and 
‘‘(B) require the requesting element of the 
Federal Government to retain records of each 
request, including— 
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‘‘(i) a copy of the request; 
‘‘(ii) the name and position of the in-
dividual who is making the request; and 
‘‘(iii) if the request is approved, the 
name and position of the individual who 
approved the request and the date of the 
approval.’’. 
(c) UNMASK DEFINED.—Section 701(b) of such Act 
(50 U.S.C. 1881(b)) is amended by adding at the end the 
following new paragraph: 
‘‘(6) UNMASK.—The term ‘unmask’ means, 
with respect to a disseminated intelligence report 
containing a reference to a United States person 
that does not identify that person (including by 
name or title), to disseminate the identity of the 
United States person, including the name or title of 
the person.’’. 
(d) 
CONSISTENT
REQUIREMENTS
TO
RETAIN 
RECORDS ON REQUESTS TO UNMASK INFORMATION.— 
The Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended as follows: 
(1) In section 101(h) (50 U.S.C. 1801(h))— 
(A) in paragraph (3), by striking ‘‘; and’’ 
and inserting a semicolon; 
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(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) specific procedures as described in section 
702(e)(4).’’. 
(2) In section 301(4) (50 U.S.C. 1821(4))— 
(A) in subparagraph (C), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(E) specific procedures as described in 
section 702(e)(4).’’. 
(3) In section 402(h) (50 U.S.C. 1842(h))— 
(A) by redesignating paragraph (2) as 
paragraph (3); and 
(B) by inserting after paragraph (1) the 
following new paragraph (2): 
‘‘(2) REQUESTS FOR NONPUBLICLY AVAILABLE 
INFORMATION.—The policies and procedures adopt-
ed under paragraph (1) shall include specific proce-
dures as described in section 702(e)(4).’’. 
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(4) 
In 
section 
501(g)(2) 
(50 
U.S.C. 
1861(g)(2))— 
(A) in subparagraph (B), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) specific procedures as described in 
section 702(e)(4).’’. 
(e) REPORT ON UNMASKING.—Not later than 90 
days after the date of the enactment of this Act, the Direc-
tor of National Intelligence shall submit to the Permanent 
Select Committee on Intelligence of the House of Rep-
resentatives, the Select Committee on Intelligence of the 
Senate, and the Committees on the Judiciary of the House 
of Representatives and the Senate a report on the progress 
made by the Director with respect to— 
(1) ensuring that incidentally collected commu-
nications of United States persons are properly 
masked if masking is necessary; and 
(2) implementing procedures for requests to 
unmask information under section 702(e)(4) of such 
Act (50 U.S.C. 1881a(e)(4)), as added by subsection 
(c). 
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SEC. 103. PUBLICATION OF MINIMIZATION PROCEDURES 
UNDER SECTION 702. 
Subsection (e) of section 702 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1881a(e)), as 
amended by sections 101 and 102, is further amended by 
adding at the end the following new paragraph: 
‘‘(5) PUBLICATION.—The Director of National 
Intelligence, in consultation with the Attorney Gen-
eral, shall— 
‘‘(A) conduct a declassification review of 
any minimization procedures adopted or amend-
ed in accordance with paragraph (1); and 
‘‘(B) consistent with such review, make 
such minimization procedures publicly available 
to the greatest extent practicable, which may be 
in redacted form.’’. 
SEC. 104. APPOINTMENT OF AMICUS CURIAE FOR ANNUAL 
CERTIFICATIONS. 
Section 103(i) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1803(i)(2)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
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(C) by inserting after subparagraph (A) 
the following new subparagraph (B): 
‘‘(B) shall appoint an individual who has 
been designated under paragraph (1) to serve 
as amicus curiae to assist such court in the re-
view of a certification under section 702(i), un-
less the court issues a finding that such ap-
pointment is not appropriate; and’’; and 
(2) in paragraphs (4) and (5), by striking 
‘‘paragraph (2)(A)’’ both places it appears and in-
serting ‘‘subparagraph (A) or (B) of paragraph (2)’’. 
SEC. 105. INCREASED ACCOUNTABILITY ON INCIDENTALLY 
COLLECTED COMMUNICATIONS. 
Section 707 of such Act (50 U.S.C. 1881f) is amend-
ed by adding at the end the following new subsection: 
‘‘(c) INCIDENTALLY COLLECTED COMMUNICATIONS 
AND OTHER INFORMATION.—Together with the semi-
annual report submitted under subsection (a), the Direc-
tor of National Intelligence shall submit to the congres-
sional committees specified in such subsection a report on 
incidentally collected communications and other informa-
tion regarding United States persons under section 702. 
Each such report shall include, with respect to the 6- 
month period covered by the report, the following: 
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‘‘(1) Except as provided by paragraph (2), the 
number, or a good faith estimate, of communications 
acquired under subsection (a) of such section of 
known United States persons that the National Se-
curity Agency positively identifies as such in the or-
dinary course of its business, including a description 
of any efforts of the intelligence community to ascer-
tain such number or good faith estimate. 
‘‘(2) If the Director determines that calculating 
the number, or a good faith estimate, under para-
graph (1) is not achievable, a detailed explanation 
for why such calculation is not achievable. 
‘‘(3) The number of— 
‘‘(A) United States persons whose informa-
tion is unmasked pursuant to subsection (e)(4) 
of such section; 
‘‘(B) requests made by an element of the 
Federal Government, listed by each such ele-
ment, to unmask information pursuant to such 
subsection; and 
‘‘(C) requests that resulted in the dissemi-
nation of names, titles, or other identifiers po-
tentially associated with individuals pursuant to 
such subsection, including the element of the in-
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telligence community and position of the indi-
vidual making the request. 
‘‘(4) The number of disseminations of commu-
nications acquired under subsection (a) of section 
702 to the Federal Bureau of Investigation for cases 
not pertaining to national security or foreign intel-
ligence. 
‘‘(5) The number of instances in which evidence 
of a crime not pertaining to national security or for-
eign intelligence that was identified in communica-
tions acquired under subsection (a) of section 702 
was disseminated from the national security branch 
of the Bureau to the criminal investigative division 
of the Bureau (or from such successor branch to 
such successor division).’’. 
SEC. 106. SEMIANNUAL REPORTS ON CERTAIN QUERIES BY 
FEDERAL BUREAU OF INVESTIGATION. 
Section 707 of such Act (50 U.S.C. 1881f), as 
amended by section 105, is further amended by adding 
at the end the following new subsection: 
‘‘(d) SEMIANNUAL FBI REPORTS.—Together with 
the semiannual report submitted under subsection (a), the 
Director of the Federal Bureau of Investigation shall sub-
mit to the congressional committees specified in such sub-
section, and make publicly available, a report containing, 
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with respect to the period covered by the report, the num-
ber of queries made by the Federal Bureau of Investiga-
tion described in subsection (j)(1) of section 702 that re-
sulted in communications being accessed or disseminated 
pursuant to such subsection.’’. 
SEC. 107. ADDITIONAL REPORTING REQUIREMENTS. 
(a) ELECTRONIC SURVEILLANCE.—Section 107 of 
such Act (50 U.S.C. 1807) is amended to read as follows: 
‘‘SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE. 
‘‘(a) ANNUAL REPORT.—In April of each year, the 
Attorney General shall transmit to the Administrative Of-
fice of the United States Courts and to Congress a report 
setting forth with respect to the preceding calendar year— 
‘‘(1) the total number of applications made for 
orders and extensions of orders approving electronic 
surveillance under this title; 
‘‘(2) the total number of such orders and exten-
sions either granted, modified, or denied; and 
‘‘(3) the total number of persons who were sub-
ject to electronic surveillance conducted under an 
order or emergency authorization under this title, 
rounded to the nearest 500, including the number of 
such individuals who are United States persons, re-
ported to the nearest band of 500, starting with 0– 
499. 
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‘‘(b) FORM.—Each report under subsection (a) shall 
be submitted in unclassified form. Not later than 7 days 
after the date on which the Attorney General submits each 
such report, the Attorney General shall make the report 
publicly available.’’. 
(b) PEN REGISTERS AND TRAP AND TRACE DE-
VICES.—Section 406 of such Act (50 U.S.C. 1846) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (4), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(6) a good faith estimate of the total number 
of persons who were targeted by the installation and 
use of a pen register or trap and trace device under 
an order or emergency authorization issued under 
this title, rounded to the nearest 500, including— 
‘‘(A) the number of such persons who are 
United States persons, reported to the nearest 
band of 500, starting with 0–499; and 
‘‘(B) of the number of United States per-
sons described in subparagraph (A), the num-
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ber of persons whose information acquired pur-
suant to such order was reviewed or accessed by 
a Federal officer, employee, or agent, reported 
to the nearest band of 500, starting with 0– 
499.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) Each report under subsection (b) shall be sub-
mitted in unclassified form. Not later than 7 days after 
the date on which the Attorney General submits such a 
report, the Attorney General shall make such report pub-
licly available.’’. 
SEC. 108. SENSE OF CONGRESS ON PURPOSE OF SECTION 
702 AND RESPECTING FOREIGN NATIONALS. 
It is the sense of Congress that— 
(1) the acquisition of communications by the 
National Security Agency under section 702 of the 
Foreign Intelligence Surveillance Act (50 U.S.C. 
1881a) should respect the norms of international 
comity by avoiding, both in actuality and appear-
ance, targeting of foreign individuals based on un-
founded discrimination or for the purpose of afford-
ing a commercial competitive advantage to compa-
nies and business sectors of the United States; and 
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(2) the collection of intelligence under such sec-
tion 702 is meant to shield the United States, and 
by extension, the allies of the United States, from 
foreign security threats. 
TITLE 
II—SAFEGUARDS 
AND 
OVERSIGHT OF PRIVACY AND 
CIVIL LIBERTIES 
SEC. 201. LIMITATION ON RETENTION OF CERTAIN DATA. 
(a) REQUIRED PURGING.—Subsection (e) of section 
702 of the of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(e)), as amended by title I, is fur-
ther amended by adding at the end the following new para-
graph: 
‘‘(6) LIMITATION ON RETENTION.— 
‘‘(A) PERIOD
OF
RETENTION
AND
RE-
QUIREMENT
FOR
PURGING.—Notwithstanding 
section 309 of the Intelligence Authorization 
Act for Fiscal Year 2015 (50 U.S.C. 1813), ex-
cept as provided by subparagraph (B), the pro-
cedures adopted under paragraph (1) shall en-
sure that any communications that do not con-
tain foreign intelligence information are purged 
by not later than 90 days after the date on 
which the communications are determined to 
not contain foreign intelligence information. 
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‘‘(B) WAIVER.—The Director of the Na-
tional Security Agency may waive the require-
ments of subparagraph (A), on an individual-
ized and specific basis, if the Director deter-
mines that such waiver is necessary to protect 
the national security of the United States.’’. 
(b) SEMIANNUAL ASSESSMENT.—Subsection (m) of 
such section, as redesignated by section 101, is amend-
ed— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) MATTERS INCLUDED IN SEMIANNUAL AS-
SESSMENT
TO
FISC
AND
CONGRESS.—Each semi-
annual assessment under paragraph (1) shall in-
clude, with respect to the 6-month period covered by 
the assessment, the following: 
‘‘(A) An affidavit by the Director of the 
National Security Agency, without delegation, 
that communications described in subsection 
(e)(6)(A) were purged pursuant to such sub-
section. 
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‘‘(B) The number of waivers made under 
subsection (e)(6)(B), including a description of 
the purpose for each such waiver.’’. 
SEC. 202. IMPROVEMENTS TO PRIVACY AND CIVIL LIB-
ERTIES OVERSIGHT BOARD. 
(a) APPOINTMENT OF STAFF.—Subsection (j) of sec-
tion 1061 of the Intelligence Reform and Terrorism Pre-
vention 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 new paragraph: 
‘‘(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 unanimous vote of the serving 
members of the Board, may exercise the authority of 
the chairman under paragraph (1).’’. 
(b) MEETINGS.—Subsection (f) of such section (42 
U.S.C. 2000ee(f)) is amended— 
(1) by striking ‘‘The Board shall’’ and inserting 
‘‘The Board’’; 
(2) in paragraph (1) by striking ‘‘make its’’ and 
inserting ‘‘shall make its’’; and 
(3) in paragraph (2)— 
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(A) by striking ‘‘hold public’’ and inserting 
‘‘shall hold public’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, but may, notwithstanding 
section 552b of title 5, United States Code, 
meet or otherwise communicate in any number 
to confer or deliberate in a manner that is 
closed to the public’’. 
(c) REPORT ON SECTION 702 AND TERRORISM.—Not 
later than 1 year after the date on which the Privacy and 
Civil Liberties Oversight Board first achieves a quorum 
following the date of the enactment of this Act, the Board 
shall submit to the Committee on the Judiciary and the 
Permanent Select Committee on Intelligence of the House 
of Representatives and the Committee on the Judiciary 
and the Select Committee on Intelligence of the Senate 
a report assessing— 
(1) how communications acquired under section 
702 of the of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881a) are used by the 
United States to prevent or defend against ter-
rorism; 
(2) how technological challenges and changes in 
technology affect such prevention and defense; and 
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(3) how privacy and civil liberties are affected 
by the actions identified under paragraph (1) and 
the changes in technology identified under para-
graph (2). 
SEC. 203. PRIVACY AND CIVIL LIBERTIES OFFICERS. 
(a) CODIFICATION OF CERTAIN OFFICERS.—Section 
1062(a) of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (42 U.S.C. 2000ee–1(a)) is amended by 
inserting ‘‘, the Director of the National Security Agency, 
the Director of the Federal Bureau of Investigation’’ after 
‘‘the Director of the Central Intelligence Agency’’. 
(b) ANNUAL REPORTS ON INCIDENTAL COMMUNICA-
TIONS
OF KNOWN UNITED STATES PERSONS.—Para-
graph (4)(A) of subsection (m) of section 702 of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1881a), as redesignated by sections 101 and 201, is 
amended— 
(1) in clause (iii), by striking ‘‘; and’’ and in-
serting a semicolon; 
(2) in clause (iv), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(v) a review by the privacy and civil 
liberties officer of the element of inciden-
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(b) CONFORMING AMENDMENTS.—Section 404(b) of 
the FISA Amendments Act of 2008 (Public Law 110–261; 
122 Stat. 2476) is amended— 
(1) in paragraph (1)— 
(A) in the heading, by striking ‘‘DECEM-
BER 31, 2017’’ and inserting ‘‘SEPTEMBER 30, 
2023’’; and 
(B) by inserting ‘‘and by the USA Liberty 
Act of 2017’’ after ‘‘section 101(a)’’; 
(2) in paragraph (2), by inserting ‘‘and by the 
USA Liberty Act of 2017’’ after ‘‘section 101(a)’’; 
and 
(3) in paragraph (4)— 
(A) by striking ‘‘702(l)’’ each place it ap-
pears and inserting ‘‘702(m)’’; 
(B) by inserting ‘‘and amended by the 
USA Liberty Act of 2017’’ after ‘‘as added by 
section 101(a)’’ both places it appears; and 
(C) by inserting ‘‘and by the USA Liberty 
Act of 2017’’ after ‘‘as amended by section 
101(a)’’ both places it appears. 
(c) EFFECTIVE DATE OF AMENDMENTS TO FISA 
AND FAA.—The amendments made to the FISA Amend-
ments Act of 2008 (Public Law 110–261) by subsections 
(a) and (b) and to the Foreign Intelligence Surveillance 
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