Title: FISA Amendments Reauthorization Act of 2017
Policy area: Armed Forces and National Security

Summary:
FISA Amendments Reauthorization Act of 2017
This bill amends the FISA Amendments Act of 2008 to extend the Act through December 31, 2025.
The bill prohibits the intelligence community from intentionally acquiring a communication about a non-U.S. entity if the communication contains a reference to the entity but is not from or directed to that entity (this kind of communications collecting is called abouts collection) unless the Department of Justice (DOJ) and the Office of the Director of National Intelligence (ODNI) submit to Congress a written notice of the intent to implement the authorization of such communications collection. The notice triggers a 30-day congressional review period that requires Congress to pass specific legislation in order to prohibit the authorization of such communications collection. Information obtained about a U.S. person through an abouts collection can only be used against that U.S. person for specified criminal proceedings.
The bill allows the FISA court's amici curiae (lawyers who argue against the government's FISA requests) to participate in matters pertaining to abouts collection.
DOJ and the ODNI must create procedures and keep records pertaining to queries, which are searches done with data the government already acquired and use a specific search term for the purpose of discovering or retrieving content or metadata.
The bill exempts the Privacy and Civil Liberties Oversight Board from certain open meetings laws.
The penalty for the unauthorized removal of classified documents or materials is increased to up to 10 years in prison.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2010 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 252
115th CONGRESS
  1st Session
                                S. 2010

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2017

   Mr. Burr, from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FISA Amendments Reauthorization Act 
of 2017''.

SEC. 2. EIGHT-YEAR EXTENSION OF FISA AMENDMENTS ACT OF 2008.

    (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), by striking ``December 31, 2017'' and 
        inserting ``December 31, 2025''; and
            (2) in paragraph (2) in the matter preceding subparagraph 
        (A), by striking ``December 31, 2017'' and inserting ``December 
        31, 2025''.
    (b) Conforming Amendment.--The heading for section 404(b)(1) of the 
FISA Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2476) is 
amended by striking ``December 31, 2017'' and inserting ``December 31, 
2025''.

SEC. 3. CONGRESSIONAL REVIEW AND OVERSIGHT OF ABOUTS COLLECTION.

    (a) In General.--Section 702(b) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following:
            ``(5) may not intentionally acquire communications that 
        contain a reference to, but are not to or from, a facility, 
        place, premises, or property at which an acquisition authorized 
        under subsection (a) is directed or conducted, except as 
        provided under subsection (m); and''.
    (b) Congressional Review and Oversight of Communications of Abouts 
Collection.--Section 702 of the Foreign Intelligence Surveillance Act 
(50 U.S.C. 1881a) is amended by adding at the end the following:
    ``(m) Congressional Review and Oversight of Abouts Collection.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Abouts communication.--The term `abouts 
                communication' means a communication that contains 
                reference to, but is not to or from, a facility, a 
                place, premises, or property at which an acquisition 
                authorized under subsection (a) is directed or 
                conducted.
                    ``(B) Material breach.--The term `material breach' 
                means significant noncompliance with applicable law or 
                an order of the Foreign Intelligence Surveillance Court 
                concerning any acquisition of abouts communications.
                    ``(C) Qualifying legislation.--The term `qualifying 
                legislation' means a bill of either House of Congress--
                            ``(i) the title of which is as follows `A 
                        bill to prohibit the acquisition of abouts 
                        communications.'; and
                            ``(ii) the matter after the enacting clause 
                        of which is as follows: `Congress disapproves 
                        the intentional acquisition under section 702 
                        of the Foreign Intelligence Surveillance Act of 
                        1978 (50 U.S.C. 1881a) of abouts communications 
                        (as defined in subsection (m) of such section 
                        702).'.
            ``(2) Submission to congress.--
                    ``(A) Requirement.--Notwithstanding any other 
                provision of law, and except as provided in paragraph 
                (5), if the Attorney General and the Director of 
                National Intelligence intend to implement the 
                authorization of the intentional acquisition of abouts 
                communications, before the first such implementation 
                after the date of enactment of this subsection, the 
                Attorney General and the Director of National 
                Intelligence shall submit to the Committee on the 
                Judiciary and the Select Committee on Intelligence of 
                the Senate and the Committee on the Judiciary and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives a written notice of the intent to 
                implement the authorization of such an acquisition, and 
                any supporting materials in accordance with this 
                subsection.
                    ``(B) Congressional review period.--During the 30-
                day period beginning on the date written notice is 
                submitted under subparagraph (A), the Committee on the 
                Judiciary and the Select Committee on Intelligence of 
                the Senate and the Committee on the Judiciary and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives shall, as appropriate, hold hearings 
                and briefings and otherwise obtain information in order 
                to fully review the written notice.
                    ``(C) Limitation on action during congressional 
                review period.--Notwithstanding any other provision of 
                law, and subject to paragraph (5), unless the Attorney 
                General and the Director of National Intelligence make 
                a determination pursuant to subsection (c)(2), the 
                Attorney General and the Director of National 
                Intelligence may not implement the authorization of the 
                intentional acquisition of abouts communications before 
                the end of the period described in subparagraph (B).
                    ``(D) Effect of enactment of disapproval.--If 
                qualifying legislation is enacted during the 30-day 
                period described in subparagraph (B), the Attorney 
                General and the Director of National Intelligence may 
                not implement the authorization of the intentional 
                acquisition of abouts communications.
                    ``(E) Effect of failure to enact disapproval.--If 
                qualifying legislation is not enacted during the 30-day 
                period described in subparagraph (B), after the end of 
                such period, the Attorney General and the Director of 
                National Intelligence may implement the authorization 
                of the intentional acquisition of abouts 
                communications.
            ``(3) Written notice.--Written notice under paragraph 
        (2)(A) shall include the following:
                    ``(A) A copy of any certification submitted to the 
                Foreign Intelligence Surveillance Court pursuant to 
                subsection (g), or amendment thereto, authorizing the 
                intentional acquisition of abouts communications, 
                including all affidavits, procedures, exhibits, and 
                attachments submitted therewith.
                    ``(B) The decision, order, or opinion of the 
                Foreign Intelligence Surveillance Court approving such 
                certification, and any pleadings, applications, or 
                memoranda of law associated with such decision, order, 
                or opinion.
                    ``(C) A summary of the protections in place to 
                detect any material breach.
                    ``(D) Data or other results of modeling, 
                simulation, or auditing of sample data demonstrating 
                that any acquisition method involving the intentional 
                acquisition of abouts communications shall be conducted 
                in accordance with this title, if such data or other 
                results exist at the time the written notice is 
                submitted and were provided to the Foreign Intelligence 
                Surveillance Court.
                    ``(E) Except as provided under paragraph (5), a 
                statement that no acquisition authorized under 
                subsection (a) shall include the intentional 
                acquisition of an abouts communication until after the 
                end of the 30-day period described in paragraph (2)(B).
            ``(4) Expedited consideration of legislation.--
                    ``(A) Introduction.--It shall be in order in the 
                Senate and the House of Representatives, not later than 
                30 days after the date on which written notice is 
                submitted under paragraph (2)(A), or notice of an 
                emergency authorization is provided under paragraph 
                (5), to introduce qualifying legislation, which shall 
                be entitled to expedited consideration under this 
                paragraph.
                    ``(B) Consideration in the house of 
                representatives.--
                            ``(i) Reporting and discharge.--Any 
                        committee of the House of Representatives to 
                        which qualifying legislation is referred shall 
                        report it to the House of Representatives not 
                        later than 10 legislative days after the date 
                        of the referral.
                            ``(ii) Proceeding to consideration.--On and 
                        after the third legislative day after each 
                        committee to which qualifying legislation has 
                        been referred reports it to the House of 
                        Representatives from its further consideration, 
                        it shall be in order to move to proceed to 
                        consider the qualifying legislation. The motion 
                        to proceed to consideration of the qualifying 
                        legislation shall not be debatable.
                    ``(C) Consideration in the senate.--
                            ``(i) Reporting and discharge.--Any 
                        committee of the Senate to which qualifying 
                        legislation is referred shall report it to the 
                        Senate not later than 10 days in which the 
                        Senate is in session after the date of the 
                        referral.
                            ``(ii) Proceeding to consideration.--
                        Notwithstanding rule XXII of the Standing Rules 
                        of the Senate, it is in order at any time after 
                        the committee to which qualifying legislation 
                        is referred reports it to the Senate (even 
                        though a previous motion to the same effect has 
                        been disagreed to) to move to proceed to the 
                        consideration of the qualifying legislation. 
                        The motion to proceed to consideration of the 
                        qualifying legislation shall not be debatable.
                            ``(iii) Consideration.--
                                    ``(I) In general.--If the Senate 
                                proceeds to the consideration of 
                                qualifying legislation, consideration 
                                of the qualifying legislation, and all 
                                amendments, debatable motions, and 
                                appeals in connection therewith, shall 
                                be limited to not more than 10 hours, 
                                which shall be divided equally between 
                                the majority and minority leaders or 
                                their designees.
                                    ``(II) Vote on passage.--The vote 
                                on passage shall occur immediately 
                                following the conclusion of the 
                                consideration of the qualifying 
                                legislation, and a single quorum call 
                                at the conclusion of the debate if 
                                requested in accordance with the rules 
                                of the Senate.
                                    ``(III) Consideration of veto 
                                messages.--Consideration in the Senate 
                                of any veto message with respect to 
                                qualifying legislation, including all 
                                debatable messages and appeals in 
                                connection therewith, shall be limited 
                                to 10 hours, to be equally divided 
                                between, and controlled by, the 
                                majority leader and the minority leader 
                                or their designees.
            ``(5) Exception for emergency acquisition.--
                    ``(A) Notice of determination.--If the Attorney 
                General and the Director of National Intelligence make 
                a determination pursuant to subsection (c)(2) with 
                respect to the intentional acquisition of abouts 
                communications, the Attorney General and the Director 
                of National Intelligence shall notify the Committee on 
                the Judiciary and the Select Committee on Intelligence 
                of the Senate and the Committee on the Judiciary and 
                the Permanent Select Committee on Intelligence of the 
                House of Representatives as soon as practicable, but 
                not later than 7 days after the determination is made.
                    ``(B) Implementation or continuation.--
                            ``(i) In general.--If the Foreign 
                        Intelligence Surveillance Court approves a 
                        certification that authorizes the intentional 
                        acquisition of abouts communications before the 
                        end of the 30-day period described in paragraph 
                        (2)(B) and qualifying legislation has not been 
                        enacted, the Attorney General and the Director 
                        of National Intelligence may authorize the 
                        immediate implementation or continuation of 
                        that certification if the Attorney General and 
                        the Director of National Intelligence jointly 
                        determine that exigent circumstances exist such 
                        that without such immediate implementation or 
                        continuation intelligence important to the 
                        national security of the United States may be 
                        lost or not timely acquired.
                            ``(ii) Notice.--The Attorney General and 
                        Director of National Intelligence shall submit 
                        to the Committee on the Judiciary and the 
                        Select Committee on Intelligence of the Senate 
                        and the Committee on the Judiciary and the 
                        Permanent Select Committee on Intelligence of 
                        the House of Representatives notification of a 
                        determination pursuant to clause (i) as soon as 
                        practicable, but not later than 3 days after 
                        the determination is made.
            ``(6) Reporting of material breach.--The head of any agency 
        involved in the acquisition of abouts communications shall 
        fully and concurrently inform the Committee on the Judiciary 
        and the Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives of a material 
        breach.''.

SEC. 4. APPOINTMENT OF AMICI CURIAE BY FOREIGN INTELLIGENCE 
              SURVEILLANCE COURT.

    (a) In General.--Section 103(i)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and adjusting the margin 
        accordingly;
            (2) in the matter before clause (i), as redesignated by 
        paragraph (1), by striking ``A court established'' and 
        inserting the following:
                    ``(A) In general.--A court established''; and
            (3) by adding at the end the following:
                    ``(B) Presumption in section 702 certifications.--
                For purposes of subparagraph (A)(i), the first 
                certification under section 702(g) or amendment thereto 
                that authorizes the acquisition of communications that 
                contain a reference to, but are not to or from, a 
                facility, place, premises, or property at which an 
                acquisition authorized under section 702(a) is directed 
                or conducted, presents a novel or significant 
                interpretation of the law, unless the court determines 
                otherwise.''.
    (b) Technical and Conforming Amendments.--Section 103(i) of such 
Act (50 U.S.C. 1803(i)) is amended--
            (1) in paragraph (4), in the matter preceding subparagraph 
        (A), by striking ``paragraph (2)(A)'' and inserting ``paragraph 
        (2)(A)(i)''; and
            (2) in paragraph (5), by striking ``paragraph (2)(A)'' and 
        inserting ``paragraph (2)(A)(i)''.

SEC. 5. AUTHORIZATION FOR FOREIGN INTELLIGENCE SURVEILLANCE COURT TO 
              COMPENSATE AMICI CURIAE AND TECHNICAL ADVISORS FOR 
              ASSISTANCE PROVIDED.

    Section 103(i) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(i)) is amended by adding at the end the following:
            ``(11) Compensation.--Notwithstanding any other provision 
        of law, a court established under subsection (a) or (b) may 
        compensate an amicus curiae appointed under paragraph (2) for 
        assistance provided under such paragraph as the court considers 
        appropriate and at such rate as the court considers 
        appropriate.''.

SEC. 6. MINIMIZATION AND DISCLOSURE PROVISIONS.

    (a) End Use Restriction.--Section 706(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e(a)) is amended--
            (1) by striking ``Information acquired'' and inserting the 
        following:
            ``(1) In general.--Information acquired''; and
            (2) by adding at the end the following:
            ``(2) United states persons.--
                    ``(A) In general.--Any communication to, from, or 
                which contains a reference to a United States person 
                acquired under section 702 shall not be used in 
                evidence against that United States person in any 
                criminal proceeding unless the Attorney General 
                determines that--
                            ``(i) the criminal proceeding affects, 
                        involves, or is related to the national 
                        security of the United States; or
                            ``(ii) the criminal proceeding involves--
                                    ``(I) death;
                                    ``(II) kidnapping;
                                    ``(III) serious bodily injury, as 
                                defined in section 1365 of title 18, 
                                United States Code;
                                    ``(IV) conduct that constitutes a 
                                criminal offense that is a specified 
                                offense against a minor, as defined in 
                                section 111 of the Adam Walsh Child 
                                Protection and Safety Act of 2006 (34 
                                U.S.C. 20911);
                                    ``(V) incapacitation or destruction 
                                of critical infrastructure, as defined 
                                in section 1016(e) of the USA PATRIOT 
                                Act (42 U.S.C. 5195c(e));
                                    ``(VI) cybersecurity, including 
                                conduct described in section 1016(e) of 
                                the USA PATRIOT Act (42 U.S.C. 
                                5195c(e)) or section 1029, 1030, or 
                                2511 of title 18, United States Code;
                                    ``(VII) transnational crime, 
                                including transnational narcotics 
                                trafficking and transnational organized 
                                crime; or
                                    ``(VIII) human trafficking.
                    ``(B) No judicial review.--A determination by the 
                Attorney General under subparagraph (A) is not subject 
                to judicial review.''.
    (b) Intelligence Community Disclosure Provision.--Section 603 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``good faith 
                estimate of the number of targets of such orders;'' and 
                inserting the following: ``good faith estimate of--
                    ``(A) the number of targets of such orders;
                    ``(B) the number of targets of such orders who are 
                known to not be United States persons; and
                    ``(C) the number of targets of such orders who are 
                known to be United States persons;'';
                    (B) in paragraph (2)--
                            (i) by redesignating subparagraphs (A) and 
                        (B) as subparagraphs (B) and (C), respectively;
                            (ii) by inserting before subparagraph (B), 
                        as so redesignated, the following:
                    ``(A) the number of targets of such orders;'';
                            (iii) in subparagraph (B), as so 
                        redesignated, by striking ``and'' at the end; 
                        and
                            (iv) by adding at the end the following:
                    ``(D) the number of instances in which the Federal 
                Bureau of Investigation has received and reviewed the 
                unminimized contents of electronic communications or 
                wire communications concerning a United States person 
                obtained through acquisitions authorized under such 
                section in response to a search term that was 
                reasonably designed to find evidence of a crime that 
                would not be considered foreign intelligence 
                information; and
                    ``(E) the number of instances in which the Federal 
                Bureau of Investigation opened, under the Criminal 
                Investigative Division or any successor division, an 
                investigation of a United States person (who is not 
                considered a threat to national security) based wholly 
                or in part on an acquisition authorized under such 
                section;'';
                    (C) in paragraph (3)(A), by striking ``orders; 
                and'' and inserting the following: ``orders, 
                including--
                            ``(i) the number of targets of such orders 
                        who are known to not be United States persons; 
                        and
                            ``(ii) the number of targets of such orders 
                        who are known to be United States persons; 
                        and'';
                    (D) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (5), (6), and (7), respectively; and
                    (E) by inserting after paragraph (3) the following:
            ``(4) the number of criminal proceedings in which the 
        United States or a State or political subdivision thereof 
        provided notice pursuant to subsection (c) or (d) of section 
        106 (including with respect to information acquired from an 
        acquisition conducted under section 702) or subsection (d) or 
        (e) of section 305 of the intent of the government to enter 
        into evidence or otherwise use or disclose any information 
        obtained or derived from electronic surveillance, physical 
        search, or an acquisition conducted pursuant to this Act;''; 
        and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``(4), or (5)'' 
                and inserting ``(5), or (6)'';
                    (B) in paragraph (2)(A), by striking ``(2)(A), 
                (2)(B), and (5)(C)'' and inserting ``(2)(B), (2)(C), 
                and (6)(C)''; and
                    (C) in paragraph (3)(A), in the matter preceding 
                clause (i), by striking ``subsection (b)(2)(B)'' and 
                inserting ``subsection (b)(2)(C)''.

SEC. 7. QUERYING PROCEDURES REQUIRED.

    (a) In General.--Section 702 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a), as amended by section 3, is 
further amended--
            (1) by redesignating subsections (f) through (m) as 
        subsections (g) through (n), respectively;
            (2) by inserting after subsection (e) the following:
    ``(f) Querying Procedures.--
            ``(1) Procedures required.--
                    ``(A) In general.--The Attorney General, in 
                consultation with the Director of National 
                Intelligence, shall adopt querying procedures for 
                queries of data collected pursuant to an authorization 
                under subsection (a).
                    ``(B) Record of queries.--The Attorney General, in 
                consultation with the Director of National 
                Intelligence, shall ensure that the procedures adopted 
                under subparagraph (A) include a technical procedure 
                whereby a record is kept of all queries using a known 
                United States person identifier.
            ``(2) Judicial review.--The querying procedures adopted in 
        accordance with paragraph (1) shall be subject to judicial 
        review pursuant to subsection (j).
            ``(3) Query defined.--In this subsection, the term `query' 
        means any instance in which data the Government has already 
        acquired is searched using a specific term or terms for the 
        purpose of discovering or retrieving unminimized content or 
        metadata.''.
    (b) Conforming Amendments.--
            (1) Amendments to section 702 of the foreign intelligence 
        surveillance act of 1978.--Such section is further amended--
                    (A) in subsection (a), by striking ``with 
                subsection (i)(3)'' and inserting ``with subsections 
                (j)(3)'';
                    (B) in subsection (c)--
                            (i) in paragraph (1)(B), by striking ``with 
                        subsection (g)'' and inserting ``with 
                        subsection (h)'';
                            (ii) in paragraph (2), by striking ``to 
                        subsection (i)(3)'' and inserting ``to 
                        subsection (j)(3)''; and
                            (iii) in paragraph (3)--
                                    (I) in subparagraph (A), by 
                                striking ``with subsection (g)'' and 
                                inserting ``with subsection (h)''; and
                                    (II) in subparagraph (B)--
                                            (aa) by striking ``to 
                                        subsection (i)(1)(C)'' and 
                                        inserting ``to subsection 
                                        (j)(1)(C)''; and
                                            (bb) by striking ``under 
                                        subsection (i)'' and inserting 
                                        ``under subsection (j)'';
                    (C) in subsection (d)(2), by striking ``to 
                subsection (i)'' and inserting ``to subsection (j)'';
                    (D) in subsection (e)(2), by striking ``to 
                subsection (i)'' and inserting ``to subsection (j)'';
                    (E) in subsection (h), as redesignated by 
                subsection (a)(1)--
                            (i) in paragraph (2)(A)(iii), by striking 
                        ``with subsection (f)'' and inserting ``with 
                        subsection (g)'';
                            (ii) in paragraph (3), by striking ``with 
                        subsection (i)(1)(C)'' and inserting ``with 
                        subsection (j)(1)(C)''; and
                            (iii) in paragraph (6), by striking ``to 
                        subsection (i)'' and inserting ``to subsection 
                        (j)'';
                    (F) in subsection (j), as redesignated by 
                subsection (a)(1)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A), by 
                                striking ``targeting and minimization 
                                procedures adopted in accordance with 
                                subsections (d) and (e)'' and inserting 
                                ``targeting, minimization, and querying 
                                procedures adopted in accordance with 
                                subsections (d), (e), and (f)'';
                                    (II) in subparagraph (B), by 
                                striking ``targeting and minimization 
                                procedures adopted in accordance with 
                                subsections (d) and (e)'' and inserting 
                                ``targeting, minimization, and querying 
                                procedures adopted in accordance with 
                                subsections (d), (e), and (f)''; and
                                    (III) in subparagraph (C), by 
                                striking ``targeting and minimization 
                                procedures adopted in accordance with 
                                subsections (d) and (e)'' and inserting 
                                ``targeting, minimization, and querying 
                                procedures adopted in accordance with 
                                subsections (d), (e), and (f)'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``with subsection (g)'' and 
                                inserting ``with subsection (h)''; and
                                    (II) by adding at the end the 
                                following:
                    ``(D) Querying procedures.--The querying procedures 
                adopted in accordance with subsection (f) to assess 
                whether such procedures comply with the requirements of 
                such subsection.'';
                            (iii) in paragraph (3)--
                                    (I) in subparagraph (A)--
                                            (aa) by striking ``with 
                                        subsection (g)'' and inserting 
                                        ``with subsection (h)''; and
                                            (bb) by striking 
                                        ``targeting and minimization 
                                        procedures adopted in 
                                        accordance with subsections (d) 
                                        and (e)'' and inserting 
                                        ``targeting, minimization, and 
                                        querying procedures adopted in 
                                        accordance with subsections 
                                        (d), (e), and (f)''; and
                                    (II) in subparagraph (B), in the 
                                matter before clause (i)--
                                            (aa) by striking ``with 
                                        subsection (g)'' and inserting 
                                        ``with subsection (h)''; and
                                            (bb) by striking ``with 
                                        subsections (d) and (e)'' and 
                                        inserting ``with subsections 
                                        (d), (e), and (f)''; and
                            (iv) in paragraph (5)(A)--
                                    (I) by striking ``with subsection 
                                (g)'' and inserting ``with subsection 
                                (h)''; and
                                    (II) by striking ``with subsections 
                                (d) and (e)'' and inserting ``with 
                                subsections (d), (e), and (f)''; and
                    (G) in subsection (m), as redesignated by 
                subsection (a)(1)--
                            (i) in paragraph (1), in the matter before 
                        subparagraph (A)--
                                    (I) by striking ``targeting and 
                                minimization procedures adopted in 
                                accordance with subsections (d) and 
                                (e)'' and inserting ``targeting, 
                                minimization, and querying procedures 
                                adopted in accordance with subsections 
                                (d), (e), and (f)''; and
                                    (II) by striking ``with subsection 
                                (f)'' and inserting ``with subsection 
                                (g)''; and
                            (ii) in paragraph (2)(A)--
                                    (I) by striking ``targeting and 
                                minimization procedures adopted in 
                                accordance with subsections (d) and 
                                (e)'' and inserting ``targeting, 
                                minimization, and querying procedures 
                                adopted in accordance with subsections 
                                (d), (e), and (f)''; and
                                    (II) by striking ``with subsection 
                                (f)'' and inserting ``with subsection 
                                (g)''.
            (2) Amendments to foreign intelligence surveillance act of 
        1978 amendments act of 2008.--Section 404 of the Foreign 
        Intelligence Surveillance Act of 1978 Amendments Act of 2008 
        (Public Law 110-261; 50 U.S.C. 1801 note) is amended--
                    (A) in subsection (a)(7)(B)--
                            (i) by striking ``under section 702(i)(3)'' 
                        and inserting ``under section 702(j)(3)''; and
                            (ii) by striking ``under section 
                        702(i)(4)'' and inserting ``under section 
                        702(j)(4)'';
                    (B) in subsection (b)--
                            (i) in paragraph (3)--
                                    (I) in subparagraph (A), by 
                                striking ``in section 702(h)'' and 
                                inserting ``in section 702(i)''; and
                                    (II) in subparagraph (B)--
                                            (aa) by striking ``section 
                                        702(h)(3) of'' and inserting 
                                        ``section 702(i)(3) of''; and
                                            (bb) by striking ``to 
                                        section 702(h)'' and inserting 
                                        ``to section 702(i)''; and
                            (ii) in paragraph (4)--
                                    (I) in subparagraph (A), by 
                                striking ``and sections 702(l)'' and 
                                inserting ``and sections 702(m)''; and
                                    (II) in subparagraph (B)(iv), by 
                                striking ``or section 702(l)'' and 
                                inserting ``or section 702(m)''.

SEC. 8. REVIEW OF QUERIES CONDUCTED BY FEDERAL BUREAU OF INVESTIGATION 
              OF ACQUISITIONS OBTAINED UNDER SECTION 702 OF THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) In General.--Section 702 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a), as amended by sections 3 
and 7, is further amended by adding at the end the following:
    ``(o) Review of Queries Conducted by Federal Bureau of 
Investigation.--
            ``(1) Submittal.--Not later than 1 business day after the 
        Director of the Federal Bureau of Investigation conducts a 
        query of acquisitions obtained under this section which the 
        Director finds to have been responsive and which returns 
        information that concerns a known United States person, the 
        Director of the Federal Bureau of Investigation shall submit to 
        the Foreign Intelligence Surveillance Court the query, the 
        responsive information, and a justification for executing the 
        query.
            ``(2) Review.--Not later than 2 business days after 
        receiving a submittal under paragraph (1), the Foreign 
        Intelligence Surveillance Court shall review the submittal for 
        consistency with the Fourth Amendment to the Constitution and 
        submit to the Director the findings of the Court with respect 
        to the review.
            ``(3) Prohibition on use of information responsive to 
        improper queries.--If the Foreign Intelligence Surveillance 
        Court determines under paragraph (2) that a submittal received 
        under paragraph (2) regarding information responsive to a query 
        is not consistent with the Fourth Amendment, such information 
        shall not be used in any court proceeding.
            ``(4) Annual report.--Not less frequently than once each 
        year, the Foreign Intelligence Surveillance Court shall submit 
        to the congressional intelligence committees (as defined in 
        section 3 of the National Security Act of 1947 (50 U.S.C. 
        3003)) a report on the reviews conducted by the Court under 
        paragraph (2) in the previous year. Such report shall include 
        the number of submittals received under such paragraph in such 
        year and the number that the Court determined were not 
        consistent with the Fourth Amendment to the Constitution.''.
    (b) Rule of Construction.--Subsection (o) of such section, as added 
by subsection (a), shall not be construed to require any action to 
determine the nationality of an individual that would not have been 
required to be carried out on the day before the date of the enactment 
of this Act.
    (c) Effective Date.--Subsection (o) of such section, as added by 
subsection (a), shall take effect on the date that is 90 days after the 
date of the enactment of this Act.

SEC. 9. SECTION 705 EMERGENCY PROVISION.

    Section 705 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881d) is amended by adding at the end the following:
    ``(c) Emergency Authorization.--If the Attorney General authorized 
the emergency employment of electronic surveillance or a physical 
search pursuant to section 105 or 304, the Attorney General may 
authorize, for the effective period of the emergency authorization and 
subsequent order pursuant to section 105 or 304, without a separate 
order under section 703 or 704, the targeting of the United States 
person that is the target for the purpose of acquiring foreign 
intelligence information while such United States person is reasonably 
believed to be located outside the United States.
    ``(d) Use of Information.--If an application submitted to the Court 
pursuant to section 104 or 303 is denied, or in any other case in which 
the acquisition is terminated and no order with respect to the target 
of the acquisition is issued under section 105 or 304, all information 
obtained or evidence derived from such acquisition shall be handled in 
accordance with section 704(d)(4).''.

SEC. 10. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD REFORM.

    Section 552b(a)(1) of title 5, United States Code, is amended--
            (1) by striking ``term `agency' means'' and inserting the 
        following: ``term `agency'--
                    ``(A) means'';
            (2) by inserting ``and'' after ``the agency;''; and
            (3) by adding at the end the following:
                    ``(B) does not include the Privacy and Civil 
                Liberties Oversight Board;''.

SEC. 11. FLEXIBILITY FOR PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD IN 
              STAFFING MATTERS.

    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 following new 
        paragraph:
            ``(2) Appointment in absence of chairman or absence of a 
        quorum.--If the position of chairman of the Board is vacant or 
        a quorum is absent, during the period of the vacancy or 
        vacancies, the Board, at the direction of the unanimous vote of 
        the remaining member or members of the Board, may exercise the 
        authority of the chairman under paragraph (1).''.

SEC. 12. INCREASED PENALTIES FOR UNAUTHORIZED REMOVAL AND RETENTION OF 
              CLASSIFIED DOCUMENTS OR MATERIAL.

    Section 1924(a) of title 18, United States Code, is amended by 
striking ``fined'' and all that follows through ``both'' and inserting 
``fined under this title, imprisoned for not more than 10 years, or 
both''.
                                                       Calendar No. 252

115th CONGRESS

  1st Session

                                S. 2010

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 25, 2017

                 Read twice and placed on the calendar