tally collected communications of known 
United States persons.’’. 
SEC. 204. WHISTLEBLOWER PROTECTIONS FOR CONTRAC-
TORS OF THE INTELLIGENCE COMMUNITY. 
(a) PROHIBITED PERSONNEL PRACTICES IN THE IN-
TELLIGENCE COMMUNITY.—Section 1104 of the National 
Security Act of 1947 (50 U.S.C. 3234) is amended— 
(1) in subsection (a), by adding at the end the 
following new paragraph: 
‘‘(4) CONTRACTOR EMPLOYEE.—The term ‘con-
tractor employee’ means an employee of a con-
tractor, subcontractor, grantee, subgrantee, or per-
sonal services contractor, of a covered intelligence 
community element.’’; 
(2) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(3) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) CONTRACTOR EMPLOYEES.—(1) Any employee 
of an agency who has authority to take, direct others to 
take, recommend, or approve any personnel action, shall 
not, with respect to such authority, take or fail to take 
a personnel action with respect to any contractor employee 
as a reprisal for a lawful disclosure of information by the 
contractor employee to the Director of National Intel-
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
ligence (or an employee designated by the Director of Na-
tional Intelligence for such purpose), the Inspector Gen-
eral of the Intelligence Community, the head of the con-
tracting agency (or an employee designated by the head 
of that agency for such purpose), the appropriate inspec-
tor general of the contracting agency, a congressional in-
telligence committee, or a member of a congressional intel-
ligence committee, which the contractor employee reason-
ably believes evidences— 
‘‘(A) a violation of any Federal law, rule, or 
regulation (including with respect to evidence of an-
other employee or contractor employee accessing or 
sharing classified information without authoriza-
tion); or 
‘‘(B) mismanagement, a gross waste of funds, 
an abuse of authority, or a substantial and specific 
danger to public health or safety. 
‘‘(2) A personnel action under paragraph (1) is pro-
hibited even if the action is undertaken at the request of 
an agency official, unless the request takes the form of 
a nondiscretionary directive and is within the authority of 
the agency official making the request.’’; 
(4) in subsection (b), by striking the heading 
and inserting ‘‘AGENCY EMPLOYEES.—’’; and 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
(5) in subsection (e), as redesignated by para-
graph (2), by inserting ‘‘contractor employee,’’ after 
‘‘any employee,’’. 
(b) FEDERAL BUREAU OF INVESTIGATION.— 
(1) IN GENERAL.—Any employee of the Federal 
Bureau of Investigation who has authority to take, 
direct others to take, recommend, or approve any 
personnel action, shall not, with respect to such au-
thority, take or fail to take a personnel action with 
respect to a contractor employee as a reprisal for a 
disclosure of information— 
(A) made— 
(i) to a supervisor in the direct chain 
of command of the contractor employee, up 
to and including the Director of the Fed-
eral Bureau of Investigation; 
(ii) to the Inspector General; 
(iii) to the Office of Professional Re-
sponsibility of the Department of Justice; 
(iv) to the Office of Professional Re-
sponsibility of the Federal Bureau of In-
vestigation; 
(v) to the Inspection Division of the 
Federal Bureau of Investigation; 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
(vi) as described in section 7211 of 
title 5, United States Code; 
(vii) to the Office of Special Counsel; 
or 
(viii) to an employee designated by 
any officer, employee, office, or division de-
scribed in clauses (i) through (vii) for the 
purpose of receiving such disclosures; and 
(B) which the contractor employee reason-
ably believes evidences— 
(i) any violation of any law, rule, or 
regulation (including with respect to evi-
dence of another employee or contractor 
employee accessing or sharing classified in-
formation without authorization); or 
(ii) gross mismanagement, a gross 
waste of funds, an abuse of authority, or 
a substantial and specific danger to public 
health or safety. 
(2) ACTIONS BY REQUEST.—A personnel action 
under paragraph (1) is prohibited even if the action 
is undertaken at the request of an official of the Bu-
reau, unless the request takes the form of a nondis-
cretionary directive and is within the authority of 
the official making the request. 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
(3) REGULATIONS.—The Attorney General shall 
prescribe regulations to ensure that a personnel ac-
tion described in paragraph (1) shall not be taken 
against a contractor employee of the Bureau as a re-
prisal for any disclosure of information described in 
subparagraph (A) of such paragraph. 
(4) ENFORCEMENT.—The President shall pro-
vide for the enforcement of this subsection in a man-
ner consistent with applicable provisions of sections 
1214 and 1221 of title 5, United States Code. 
(5) DEFINITIONS.—In this subsection: 
(A) The term ‘‘contractor employee’’ 
means an employee of a contractor, subcon-
tractor, grantee, subgrantee, or personal serv-
ices contractor, of the Federal Bureau of Inves-
tigation. 
(B) The term ‘‘personnel action’’ means 
any action described in clauses (i) through (x) 
of section 2302(a)(2)(A) of title 5, United 
States Code, with respect to a contractor em-
ployee. 
(c) 
RETALIATORY
REVOCATION
OF
SECURITY 
CLEARANCES
AND ACCESS DETERMINATIONS.—Section 
3001(j) of the Intelligence Reform and Terrorism Preven-
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
tion Act of 2004 (50 U.S.C. 3341(j)) is amended by add-
ing at the end the following new paragraph: 
‘‘(8) INCLUSION
OF
CONTRACTOR
EMPLOY-
EES.—In this subsection, the term ‘employee’ in-
cludes an employee of a contractor, subcontractor, 
grantee, subgrantee, or personal services contractor, 
of an agency. With respect to such employees, the 
term ‘employing agency’ shall be deemed to be the 
contracting agency.’’. 
TITLE III—EXTENSION OF AU-
THORITIES, INCREASED PEN-
ALTIES, 
REPORTS, 
AND 
OTHER MATTERS 
SEC. 301. EXTENSION OF TITLE VII OF FISA. 
(a) EXTENSION.—Section 403(b) of the FISA 
Amendments Act of 2008 (Public Law 110–261; 122 Stat. 
2474) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘December 31, 2017’’ and 
inserting ‘‘September 30, 2023’’; and 
(B) by inserting ‘‘and by the USA Liberty 
Act of 2017’’ after ‘‘section 101(a)’’; and 
(2) in paragraph (2) in the matter preceding 
subparagraph (A), by striking ‘‘December 31, 2017’’ 
and inserting ‘‘September 30, 2023’’. 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
Act of 1978 (50 U.S.C. 1801 et seq.) by titles I and II 
shall take effect on the earlier of the date of the enactment 
of this Act or December 31, 2017. 
SEC. 302. PENALTIES FOR UNAUTHORIZED REMOVAL AND 
RETENTION OF CLASSIFIED DOCUMENTS OR 
MATERIAL. 
Section 1924 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘one year’’ 
and inserting ‘‘five years’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) Whoever, being an officer, employee, contractor, 
or consultant of the United States, and, by virtue of his 
office, employment, position, or contract, becomes pos-
sessed of documents or materials containing classified in-
formation of the United States, negligently removes such 
documents or materials without authority and knowingly 
retains such documents or materials at an unauthorized 
location shall be fined under this title or imprisoned for 
not more than one year, or both.’’. 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
SEC. 303. COMPTROLLER GENERAL STUDY ON UNAUTHOR-
IZED DISCLOSURES AND THE CLASSIFICA-
TION SYSTEM. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study of the unauthorized disclosure 
of classified information and the classification system of 
the United States. 
(b) MATTERS INCLUDED.—The study under sub-
section (a) shall address the following: 
(1) Insider threat risks to the unauthorized dis-
closure of classified information. 
(2) The effect of modern technology on the un-
authorized disclosure of classified information, in-
cluding with respect to— 
(A) using cloud storage for classified infor-
mation; and 
(B) any technological means to prevent or 
detect such unauthorized disclosure. 
(3) The effect of overclassification on the unau-
thorized disclosure of classified information. 
(4) Any ways to improve the classification sys-
tem of the United States, including with respect to 
changing the levels of classification used in such sys-
tem. 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
(5) How to improve the authorized sharing of 
classified information, including with respect to sen-
sitive compartmented information. 
(6) The value of polygraph tests in determining 
who is authorized to access classified information. 
(7) Whether each element of the intelligence 
community (as defined in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 3003(4)))— 
(A) applies uniform standards in deter-
mining who is authorized to access classified in-
formation; and 
(B) provides proper training with respect 
to the handling of classified information. 
(c) COOPERATION.—The heads of the intelligence 
community shall provide to the Comptroller General infor-
mation the Comptroller General determines necessary to 
carry out the study under subsection (a). 
(d) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committee on the Judiciary and the Perma-
nent 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 re-
port containing the study under subsection (a). 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
(e) FORM.—The report under subsection (d) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
SEC. 304. SENSE OF CONGRESS ON INFORMATION SHARING 
AMONG INTELLIGENCE COMMUNITY TO PRO-
TECT NATIONAL SECURITY. 
It is the sense of Congress that, in carrying out sec-
tion 702 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a), as amended by this Act, the 
United States Government should ensure that the bar-
riers, whether real or perceived, to sharing critical foreign 
intelligence among the intelligence community that existed 
before September 11, 2001, are not reimposed by sharing 
information vital to national security among the intel-
ligence community in a manner that is consistent with 
such section, applicable provisions of law, and the Con-
stitution of the United States. 
SEC. 305. SENSE OF CONGRESS ON COMBATING TER-
RORISM. 
It is the sense of Congress that, consistent with the 
protection of sources and methods, the President should 
share information learned by acquiring communications 
under section 702 of the Foreign Intelligence Surveillance 
Act (50 U.S.C. 1881a) with allies of the United States 
to prevent and defend against terrorism. 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
SEC. 306. TECHNICAL AMENDMENTS. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended as follows: 
(1) In section 302(a)(1)(A)(iii) (50 U.S.C. 
1822(a)(1)(A)(iii)), by striking ‘‘paragraphs (1) 
through (4)’’ and inserting ‘‘subparagraphs (A) 
through (D)’’. 
(2) In section 406(b) (50 U.S.C. 1846(b)), by 
striking ‘‘and to the Committees on the Judiciary of 
the House of Representatives and the Senate’’. 
(3) 
In 
section 
604(a)(3) 
(50 
U.S.C. 
1874(a)(3)), by striking ‘‘comply in the into’’ and 
inserting ‘‘comply into’’. 
(4) In section 701— 
(A) in subsection (a), by striking ‘‘The 
terms’’ and inserting ‘‘In this title, the terms’’; 
and 
(B) in subsection (b)— 
(i) by inserting ‘‘In this title:’’ after 
the subsection heading; and 
(ii) in paragraph (5), by striking ‘‘(50 
U.S.C. 401a(4))’’ and inserting ‘‘(50 
U.S.C. 3003(4))’’. 
(5) In section 702(g)(2)(A)(i) (50 U.S.C. 
1881a(g)(2)(A)(i)), by inserting ‘‘targeting’’ before 
‘‘procedures in place’’. 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS
(6) In section 801(7) (50 U.S.C. 1885(7)), by 
striking ‘‘(50 U.S.C. 401a(4))’’ and inserting ‘‘(50 
U.S.C. 3003(4))’’. 
SEC. 307. SEVERABILITY. 
If any provision of this Act, any amendment made 
by this Act, or the application thereof to any person or 
circumstances is held invalid, the validity of the remainder 
of the Act, of any such amendments, and of the applica-
tion of such provisions to other persons and circumstances 
shall not be affected thereby. 
Æ 
VerDate Sep 11 2014 
23:00 Oct 10, 2017
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6301
E:\BILLS\H3989.IH
H3989
sradovich on DSK3GMQ082PROD with BILLS