An act to amend the Foreign Intelligence Surveillance Act of 1978 to improve foreign intelligence collection and the safeguards, accountability, and oversight of acquisitions of foreign intelligence, to extend title VII of such Act, and for other purposes
PL 115-118 (S.139), enacted 01/19/2018

132 STAT. 3 
PUBLIC LAW 115–118—JAN. 19, 2018 
Public Law 115–118 
115th Congress 
An Act 
To amend the Foreign Intelligence Surveillance Act of 1978 to improve foreign 
intelligence collection and the safeguards, accountability, and oversight of acquisi-
tions of foreign intelligence, to extend title VII of such Act, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘FISA Amend-
ments Reauthorization Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 
TITLE I—ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLECTION AND 
SAFEGUARDS, ACCOUNTABILITY, AND OVERSIGHT 
Sec. 101. Querying procedures required. 
Sec. 102. Use and disclosure provisions. 
Sec. 103. Congressional review and oversight of abouts collection. 
Sec. 104. Publication of minimization procedures under section 702. 
Sec. 105. Section 705 emergency provision. 
Sec. 106. Compensation of amici curiae and technical experts. 
Sec. 107. Additional reporting requirements. 
Sec. 108. Improvements to Privacy and Civil Liberties Oversight Board. 
Sec. 109. Privacy and civil liberties officers. 
Sec. 110. Whistleblower protections for contractors of the intelligence community. 
Sec. 111. Briefing on notification requirements. 
Sec. 112. Inspector General report on queries conducted by Federal Bureau of In-
vestigation. 
TITLE II—EXTENSION OF AUTHORITIES, INCREASED PENALTIES, 
REPORTS, AND OTHER MATTERS 
Sec. 201. Extension of title VII of FISA; effective dates. 
Sec. 202. Increased penalty for unauthorized removal and retention of classified 
documents or material. 
Sec. 203. Report on challenges to the effectiveness of foreign intelligence surveil-
lance. 
Sec. 204. Comptroller General study on the classification system and protection of 
classified information. 
Sec. 205. Technical amendments and amendments to improve procedures of the 
Foreign Intelligence Surveillance Court of Review. 
Sec. 206. Severability. 
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEIL-
LANCE ACT OF 1978. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
FISA 
Amendments 
Reauthorization 
Act of 2017. 
50 USC 1801 
note. 
Jan. 19, 2018 
[S. 139] 
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132 STAT. 4 
PUBLIC LAW 115–118—JAN. 19, 2018 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.). 
TITLE I—ENHANCEMENTS TO FOREIGN 
INTELLIGENCE 
COLLECTION 
AND 
SAFEGUARDS, ACCOUNTABILITY, AND 
OVERSIGHT 
SEC. 101. QUERYING PROCEDURES REQUIRED. 
(a) QUERYING PROCEDURES.— 
(1) IN
GENERAL.—Section 702 (50 U.S.C. 1881a) is 
amended— 
(A) by redesignating subsections (f) through (l) as sub-
sections (g) through (m), respectively; and 
(B) by inserting after subsection (e) the following new 
subsection: 
‘‘(f) QUERIES.— 
‘‘(1) PROCEDURES REQUIRED.— 
‘‘(A) REQUIREMENT TO ADOPT.—The Attorney General, 
in consultation with the Director of National Intelligence, 
shall adopt querying procedures consistent with the 
requirements of the fourth amendment to the Constitution 
of the United States for information collected pursuant 
to an authorization under subsection (a). 
‘‘(B) RECORD
OF
UNITED
STATES
PERSON
QUERY 
TERMS.—The Attorney General, in consultation with the 
Director of National Intelligence, shall ensure that the 
procedures adopted under subparagraph (A) include a tech-
nical procedure whereby a record is kept of each United 
States person query term used for a query. 
‘‘(C) JUDICIAL
REVIEW.—The procedures adopted in 
accordance with subparagraph (A) shall be subject to 
judicial review pursuant to subsection (j). 
‘‘(2) ACCESS TO RESULTS OF CERTAIN QUERIES CONDUCTED 
BY FBI.— 
‘‘(A) COURT ORDER REQUIRED FOR FBI REVIEW OF CER-
TAIN QUERY RESULTS IN CRIMINAL INVESTIGATIONS UNRE-
LATED
TO
NATIONAL
SECURITY.—Except as provided by 
subparagraph (E), in connection with a predicated criminal 
investigation opened by the Federal Bureau of Investigation 
that does not relate to the national security of the United 
States, the Federal Bureau of Investigation may not access 
the contents of communications acquired under subsection 
(a) that were retrieved pursuant to a query made using 
a United States person query term that was not designed 
to find and extract foreign intelligence information unless— 
‘‘(i) the Federal Bureau of Investigation applies 
for an order of the Court under subparagraph (C); 
and 
‘‘(ii) the Court enters an order under subparagraph 
(D) approving such application. 
‘‘(B) JURISDICTION.—The Court shall have jurisdiction 
to review an application and to enter an order approving 
the access described in subparagraph (A). 
Consultations. 
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132 STAT. 5 
PUBLIC LAW 115–118—JAN. 19, 2018 
‘‘(C) APPLICATION.—Each application for an order under 
this paragraph shall be made by a Federal officer in writing 
upon oath or affirmation to a judge having jurisdiction 
under subparagraph (B). Each application shall require 
the approval of the Attorney General based upon the 
finding of the Attorney General that the application satis-
fies the criteria and requirements of such application, as 
set forth in this paragraph, and shall include— 
‘‘(i) the identity of the Federal officer making the 
application; and 
‘‘(ii) an affidavit or other information containing 
a statement of the facts and circumstances relied upon 
by the applicant to justify the belief of the applicant 
that the contents of communications described in 
subparagraph (A) covered by the application would 
provide evidence of— 
‘‘(I) criminal activity; 
‘‘(II) contraband, fruits of a crime, or other 
items illegally possessed by a third party; or 
‘‘(III) property designed for use, intended for 
use, or used in committing a crime. 
‘‘(D) ORDER.—Upon an application made pursuant to 
subparagraph (C), the Court shall enter an order approving 
the accessing of the contents of communications described 
in subparagraph (A) covered by the application if the Court 
finds probable cause to believe that such contents would 
provide any of the evidence described in subparagraph 
(C)(ii). 
‘‘(E) EXCEPTION.—The requirement for an order of the 
Court under subparagraph (A) to access the contents of 
communications described in such subparagraph shall not 
apply with respect to a query if the Federal Bureau of 
Investigation determines there is a reasonable belief that 
such contents could assist in mitigating or eliminating 
a threat to life or serious bodily harm. 
‘‘(F) RULE OF CONSTRUCTION.—Nothing in this para-
graph may be construed as— 
‘‘(i) limiting the authority of the Federal Bureau 
of Investigation to conduct lawful queries of informa-
tion acquired under subsection (a); 
‘‘(ii) limiting the authority of the Federal Bureau 
of Investigation to review, without a court order, the 
results of any query of information acquired under 
subsection (a) that was reasonably designed to find 
and extract foreign intelligence information, regardless 
of whether such foreign intelligence information could 
also be considered evidence of a crime; or 
‘‘(iii) prohibiting or otherwise limiting the ability 
of the Federal Bureau of Investigation to access the 
results of queries conducted when evaluating whether 
to open an assessment or predicated investigation 
relating to the national security of the United States. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘contents’ has the meaning given that 
term in section 2510(8) of title 18, United States Code. 
‘‘(B) The term ‘query’ means the use of one or more 
terms to retrieve the unminimized contents or noncontents 
Courts. 
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132 STAT. 6 
PUBLIC LAW 115–118—JAN. 19, 2018 
located in electronic and data storage systems of commu-
nications of or concerning United States persons obtained 
through acquisitions authorized under subsection (a).’’. 
(2) APPLICATION.—Subsection (f) of section 702 of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), 
as added by paragraph (1), shall apply with respect to certifi-
cations submitted under subsection (h) of such section to the 
Foreign Intelligence Surveillance Court after January 1, 2018. 
(b) CONFORMING AMENDMENTS.— 
(1) AMENDMENTS TO SECTION 702 OF FISA.—Such section 
702 is further amended— 
(A) in subsection (a), by striking ‘‘with subsection (i)(3)’’ 
and inserting ‘‘with subsection (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 sub-
section (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 sub-
section (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 accord-
ance with subsections (d) and (e)’’ and inserting 
‘‘targeting, minimization, and querying procedures 
adopted in accordance with subsections (d), (e), 
and (f)(1)’’; 
(II) in subparagraph (B), by striking ‘‘targeting 
and minimization procedures adopted in accord-
ance with subsections (d) and (e)’’ and inserting 
‘‘targeting, minimization, and querying procedures 
adopted in accordance with subsections (d), (e), 
and (f)(1)’’; and 
(III) in subparagraph (C), by striking ‘‘tar-
geting and minimization procedures adopted in 
accordance with subsections (d) and (e)’’ and 
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132 STAT. 7 
PUBLIC LAW 115–118—JAN. 19, 2018 
inserting ‘‘targeting, minimization, and querying 
procedures adopted in accordance with subsections 
(d), (e), and (f)(1)’’; 
(ii) in paragraph (2)— 
(I) in subparagraph (A), by striking ‘‘with sub-
section (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)(1) 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 minimiza-
tion procedures adopted in accordance with 
subsections (d) and (e)’’ and inserting ‘‘tar-
geting, minimization, and querying procedures 
adopted in accordance with subsections (d), 
(e), and (f)(1)’’; 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)(1)’’; 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)(1)’’; 
and 
(G) in subsection (m), as redesignated by subsection 
(a)(1)— 
(i) in paragraph (1), in the matter before subpara-
graph (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)(1)’’; 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)(1)’’; and 
(II) by striking ‘‘with subsection (f)’’ and 
inserting ‘‘with subsection (g)’’. 
(2) AMENDMENTS
TO
FISA.—The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further 
amended— 
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132 STAT. 8 
PUBLIC LAW 115–118—JAN. 19, 2018 
(A) by striking ‘‘section 702(h)’’ each place it appears 
and inserting ‘‘section 702(i)’’; 
(B) by striking ‘‘section 702(g)’’ each place it appears 
and inserting ‘‘section 702(h)’’; and 
(C) in section 707(b)(1)(G)(ii), by striking ‘‘subsections 
(d), (e), and (f)’’ and inserting ‘‘subsections (d), (e), (f)(1), 
and (g)’’. 
(3) AMENDMENTS TO FISA AMENDMENTS ACT OF 2008.—Sec-
tion 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 ‘‘of section 702(i)(4)’’ and inserting 
‘‘of section 702(j)(4)’’; 
(B) in subsection (b)— 
(i) in paragraph (3)— 
(I) in subparagraph (A), by striking ‘‘to section 
702(h)’’ and inserting ‘‘to 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 sec-
tions 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. 102. USE AND DISCLOSURE PROVISIONS. 
(a) END USE RESTRICTION.—Section 706(a) (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 information concerning a 
United States person acquired under section 702 shall not 
be used in evidence against that United States person 
pursuant to paragraph (1) in any criminal proceeding 
unless— 
‘‘(i) the Federal Bureau of Investigation obtained 
an order of the Foreign Intelligence Surveillance Court 
to access such information pursuant to section 702(f)(2); 
or 
‘‘(ii) 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— 
‘‘(aa) death; 
‘‘(bb) kidnapping; 
Determination. 
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132 STAT. 9 
PUBLIC LAW 115–118—JAN. 19, 2018 
‘‘(cc) serious bodily injury, as defined in 
section 1365 of title 18, United States Code; 
‘‘(dd) 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); 
‘‘(ee) incapacitation or destruction of crit-
ical infrastructure, as defined in section 
1016(e) of the USA PATRIOT Act (42 U.S.C. 
5195c(e)); 
‘‘(ff) 
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; 
‘‘(gg) 
transnational 
crime, 
including 
transnational 
narcotics 
trafficking 
and 
transnational organized crime; or 
‘‘(hh) human trafficking. 
‘‘(B) NO
JUDICIAL
REVIEW.—A determination by the 
Attorney General under subparagraph (A)(ii) is not subject 
to judicial review.’’. 
(b) INTELLIGENCE COMMUNITY DISCLOSURE PROVISION.—Section 
603 (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) in the matter preceding subparagraph (A), by 
inserting ‘‘, including pursuant to subsection (f)(2) of 
such section,’’ after ‘‘section 702’’; 
(ii) by redesignating subparagraphs (A) and (B) 
as subparagraphs (B) and (C), respectively; 
(iii) by inserting before subparagraph (B), as so 
redesignated, the following: 
‘‘(A) the number of targets of such orders;’’; 
(iv) in subparagraph (B), as so redesignated, by 
striking ‘‘and’’ at the end; and 
(v) by adding at the end the following: 
‘‘(D) the number of instances in which the Federal 
Bureau of Investigation opened, under the Criminal Inves-
tigative 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 acquisi-
tion 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 
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132 STAT. 10 
PUBLIC LAW 115–118—JAN. 19, 2018 
‘‘(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 elec-
tronic 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)— 
(i) by striking ‘‘Paragraphs (2)(A), (2)(B), and 
(5)(C)’’ and inserting ‘‘Paragraphs (2)(B), (2)(C), and 
(6)(C)’’; and 
(ii) by inserting before the period at the end the 
following: ‘‘, except with respect to information required 
under paragraph (2) relating to orders issued under 
section 702(f)(2)’’; and 
(C) in paragraph (3)(A), in the matter preceding clause 
(i), by striking ‘‘subsection (b)(2)(B)’’ and inserting ‘‘sub-
section (b)(2)(C)’’. 
SEC. 103. CONGRESSIONAL REVIEW AND OVERSIGHT OF ABOUTS 
COLLECTION. 
(a) IN
GENERAL.—Section 702(b) (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 target of 
an acquisition authorized under subsection (a), except as pro-
vided under section 103(b) of the FISA Amendments Reauthor-
ization Act of 2017; and’’. 
(b) CONGRESSIONAL
REVIEW
AND
OVERSIGHT
OF
ABOUTS 
COLLECTION.— 
(1) DEFINITIONS.—In this subsection: 
(A) The term ‘‘abouts communication’’ means a commu-
nication that contains a reference to, but is not to or 
from, a target of an acquisition authorized under section 
702(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(a)). 
(B) The term ‘‘material breach’’ means significant non-
compliance with applicable law or an order of the Foreign 
Intelligence Surveillance Court concerning any acquisition 
of abouts communications. 
(2) SUBMISSION TO CONGRESS.— 
(A) REQUIREMENT.—Notwithstanding any other provi-
sion of law, and except as provided in paragraph (4), if 
Notice. 
50 USC 1881a 
note. 
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132 STAT. 11 
PUBLIC LAW 115–118—JAN. 19, 2018 
the Attorney General and the Director of National Intel-
ligence intend to implement the authorization of the inten-
tional acquisition of abouts communications, before the first 
such implementation after the date of enactment of this 
Act, 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 Represent-
atives 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 sub-
mitted 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 Perma-
nent 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 (4), unless the Attorney 
General and the Director of National Intelligence make 
a determination pursuant to section 702(c)(2) of the Foreign 
Intelligence 
Surveillance 
Act 
of 
1978 
(50 
U.S.C. 
1881a(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). 
(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 section 702 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1881a), or amendment thereto, authorizing the 
intentional acquisition of abouts communications, including 
all affidavits, procedures, exhibits, and attachments sub-
mitted therewith. 
(B) The decision, order, or opinion of the Foreign Intel-
ligence Surveillance Court approving such certification, and 
any pleadings, applications, or memoranda of law associ-
ated 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 title 
VII of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881 et seq.), 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 (4), a state-
ment that no acquisition authorized under subsection (a) 
Certification. 
Records. 
Determination. 
Effective date. 
Hearings. 
Briefings. 
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132 STAT. 12 
PUBLIC LAW 115–118—JAN. 19, 2018 
of such section 702 shall include the intentional acquisition 
of an abouts communication until after the end of the 
30-day period described in paragraph (2)(B). 
(4) EXCEPTION FOR EMERGENCY ACQUISITION.— 
(A) NOTICE OF DETERMINATION.—If the Attorney Gen-
eral and the Director of National Intelligence make a deter-
mination pursuant to section 702(c)(2) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1881a(c)(2)) 
with respect to the intentional acquisition of abouts commu-
nications, 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 Perma-
nent 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 author-
izes the intentional acquisition of abouts communica-
tions before the end of the 30-day period described 
in paragraph (2)(B), the Attorney General and the 
Director of National Intelligence may authorize the 
immediate implementation or continuation of that cer-
tification 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 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 notifica-
tion of a determination pursuant to clause (i) as soon 
as practicable, but not later than 3 days after the 
determination is made. 
(5) REPORTING OF MATERIAL BREACH.—Subsection (m) of 
section 702 (50 U.S.C. 1881a), as redesignated by section 101, 
is amended— 
(A) in the heading by striking ‘‘AND REVIEWS’’ and 
inserting ‘‘REVIEWS, AND REPORTING’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(4) REPORTING OF MATERIAL BREACH.— 
‘‘(A) IN GENERAL.—The head of each element of the 
intelligence community involved in the acquisition of abouts 
communications shall fully and currently inform the 
Committees on the Judiciary of the House of Representa-
tives and the Senate and the congressional intelligence 
committees of a material breach. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘abouts communication’ means a 
communication that contains a reference to, but is 
not to or from, a target of an acquisition authorized 
under subsection (a). 
Deadline. 
Certification. 
Determinations. 
Deadline. 
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132 STAT. 13 
PUBLIC LAW 115–118—JAN. 19, 2018 
‘‘(ii) 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.’’. 
(6) APPOINTMENT
OF
AMICI
CURIAE
BY
FOREIGN
INTEL-
LIGENCE
SURVEILLANCE
COURT.—For purposes of section 
103(i)(2)(A) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(i)(2)(A)), the Foreign Intelligence Surveillance 
Court shall treat the first certification under section 702(h) 
of such Act (50 U.S.C. 1881a(h)) or amendment thereto that 
authorizes the acquisition of abouts communications as pre-
senting a novel or significant interpretation of the law, unless 
the court determines otherwise. 
SEC. 104. PUBLICATION OF MINIMIZATION PROCEDURES UNDER SEC-
TION 702. 
Section 702(e) (50 U.S.C. 1881a(e)) is amended by adding at 
the end the following new paragraph: 
‘‘(3) PUBLICATION.—The Director of National Intelligence, 
in consultation with the Attorney General, shall— 
‘‘(A) conduct a declassification review of any minimiza-
tion procedures adopted or amended in accordance with 
paragraph (1); and 
‘‘(B) consistent with such review, and not later than 
180 days after conducting such review, make such mini-
mization procedures publicly available to the greatest 
extent practicable, which may be in redacted form.’’. 
SEC. 105. SECTION 705 EMERGENCY PROVISION. 
Section 705 (50 U.S.C. 1881d) is amended by adding at the 
end the following: 
‘‘(c) EMERGENCY AUTHORIZATION.— 
‘‘(1) CONCURRENT 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 a United States person subject 
to such emergency employment for the purpose of acquiring 
foreign intelligence information while such United States per-
son is reasonably believed to be located outside the United 
States. 
‘‘(2) 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 pursuant to para-
graph (1) 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. 
106. 
COMPENSATION 
OF 
AMICI 
CURIAE 
AND 
TECHNICAL 
EXPERTS. 
Subsection (i) of section 103 (50 U.S.C. 1803) is amended by 
adding at the end the following: 
‘‘(11) COMPENSATION.—Notwithstanding any other provi-
sion of law, a court established under subsection (a) or (b) 
may compensate an amicus curiae appointed under paragraph 
Consultation. 
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132 STAT. 14 
PUBLIC LAW 115–118—JAN. 19, 2018 
(2) for assistance provided under such paragraph as the court 
considers appropriate and at such rate as the court considers 
appropriate.’’. 
SEC. 107. ADDITIONAL REPORTING REQUIREMENTS. 
(a) ELECTRONIC SURVEILLANCE.—Section 107 (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 Gen-
eral shall transmit to the Administrative Office of the United States 
Courts and to the congressional intelligence committees and the 
Committees on the Judiciary of the House of Representatives and 
the Senate 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 extensions either 
granted, modified, or denied; and 
‘‘(3) the total number of subjects targeted by electronic 
surveillance conducted under an order or emergency authoriza-
tion under this title, rounded to the nearest 500, including 
the number of such individuals who are United States persons, 
reported to the nearest band of 500, starting with 0–499. 
‘‘(b) FORM.—Each report under subsection (a) shall be submitted 
in unclassified form, to the extent consistent with national security. 
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, or, if the Attorney General determines 
that the report cannot be made publicly available consistent with 
national security, the Attorney General may make publicly available 
an unclassified summary of the report or a redacted version of 
the report.’’. 
(b) PEN REGISTERS AND TRAP AND TRACE DEVICES.—Section 
406 (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 period 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 subjects 
who were targeted by the installation and use of a pen register 
or trap and trace device under an order or emergency authoriza-
tion issued under this title, rounded to the nearest 500, 
including— 
‘‘(A) the number of such subjects who are United States 
persons, reported to the nearest band of 500, starting with 
0–499; and 
‘‘(B) of the number of United States persons described 
in subparagraph (A), the number of persons whose informa-
tion acquired pursuant 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 subsection: 
‘‘(c) Each report under subsection (b) shall be submitted in 
unclassified form, to the extent consistent with national security. 
Public 
information. 
Determination. 
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132 STAT. 15 
PUBLIC LAW 115–118—JAN. 19, 2018 
Not later than 7 days after the date on which the Attorney General 
submits such a report, the Attorney General shall make the report 
publicly available, or, if the Attorney General determines that the 
report cannot be made publicly available consistent with national 
security, the Attorney General may make publicly available an 
unclassified summary of the report or a redacted version of the 
report.’’. 
SEC. 108. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES OVER-
SIGHT BOARD. 
(a) APPOINTMENT OF STAFF.—Subsection (j) of section 1061 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 para-
graph: 
‘‘(2) APPOINTMENT IN ABSENCE OF CHAIRMAN.—If the posi-
tion 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)— 
(A) by striking ‘‘hold public’’ and inserting ‘‘shall hold 
public’’; and 
(B) by inserting before the period at the end the fol-
lowing: ‘‘, 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’’. 
SEC. 109. PRIVACY AND CIVIL LIBERTIES OFFICERS. 
Section 1062(a) of the Intelligence Reform and Terrorism 
Prevention 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’’. 
SEC. 110. WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE 
INTELLIGENCE COMMUNITY. 
(a) PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE 
COMMUNITY.—Section 1104 of the National Security Act of 1947 
(50 U.S.C. 3234) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by inserting ‘‘or a contractor 
employee’’ after ‘‘character)’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(4) 
CONTRACTOR
EMPLOYEE.—The 
term 
‘contractor 
employee’ means an employee of a contractor, subcontractor, 
grantee, subgrantee, or personal services contractor, of a cov-
ered intelligence community element.’’; 
(2) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; 
Definition. 
Public 
information. 
Determination. 
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132 STAT. 16 
PUBLIC LAW 115–118—JAN. 19, 2018 
(3) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) CONTRACTOR EMPLOYEES.—(1) Any employee of a con-
tractor, subcontractor, grantee, subgrantee, or personal services 
contractor, of a covered intelligence community element 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 Intelligence 
(or an employee designated by the Director of National Intelligence 
for such purpose), the Inspector General of the Intelligence Commu-
nity, the head of the contracting agency (or an employee designated 
by the head of that agency for such purpose), the appropriate 
inspector general of the contracting agency, a congressional intel-
ligence committee, or a member of a congressional intelligence 
committee, which the contractor employee reasonably believes evi-
dences— 
‘‘(A) a violation of any Federal law, rule, or regulation 
(including with respect to evidence of another employee or 
contractor employee accessing or sharing classified information 
without authorization); or 
‘‘(B) gross 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 prohibited 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 
(5) in subsection (e), as redesignated by paragraph (2), 
by inserting ‘‘contractor employee,’’ after ‘‘any employee,’’. 
(b) FEDERAL BUREAU OF INVESTIGATION.— 
(1) IN GENERAL.—Any employee of a contractor, subcon-
tractor, grantee, subgrantee, or personal services contractor, 
of the Federal Bureau of Investigation who has authority to 
take, direct others to take, recommend, or approve any per-
sonnel action, shall not, with respect to such authority, 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; 
(ii) to the Inspector General; 
(iii) to the Office of Professional Responsibility of 
the Department of Justice; 
(iv) to the Office of Professional Responsibility of 
the Federal Bureau of Investigation; 
(v) to the Inspection Division of the Federal Bureau 
of Investigation; 
(vi) to the Office of Special Counsel; or 
(vii) to an employee designated by any officer, 
employee, office, or division described in clauses (i) 
through (vii) for the purpose of receiving such disclo-
sures; and 
5 USC 2303 note. 
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132 STAT. 17 
PUBLIC LAW 115–118—JAN. 19, 2018 
(B) which the contractor employee reasonably believes 
evidences— 
(i) any violation of any law, rule, or regulation 
(including with respect to evidence of another employee 
or contractor employee accessing or sharing classified 
information 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 para-
graph (1) is prohibited even if the action is undertaken at 
the request of an official of the Federal Bureau of Investigation, 
unless the request takes the form of a nondiscretionary directive 
and is within the authority of the official making the request. 
(3) REGULATIONS.—The Attorney General shall prescribe 
regulations to ensure that a personnel action described in para-
graph (1) shall not be taken against a contractor employee 
of the Federal Bureau of Investigation as a reprisal for any 
disclosure of information described in subparagraph (A) of such 
paragraph. 
(4) ENFORCEMENT.—The President shall provide for the 
enforcement of this subsection. 
(5) DEFINITIONS.—In this subsection: 
(A) The term ‘‘contractor employee’’ means an employee 
of a contractor, subcontractor, grantee, subgrantee, or per-
sonal services 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 
employee. 
(c) RETALIATORY REVOCATION OF SECURITY CLEARANCES AND 
ACCESS
DETERMINATIONS.—Section 3001(j) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) 
is amended by adding at the end the following new paragraph: 
‘‘(8) INCLUSION OF CONTRACTOR EMPLOYEES.—In this sub-
section, the term ‘employee’ includes an employee of a con-
tractor, 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.’’. 
SEC. 111. BRIEFING ON NOTIFICATION REQUIREMENTS. 
Not later than 180 days after the date of the enactment of 
this Act, the Attorney General, in consultation with the Director 
of National Intelligence, shall provide 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 briefing 
with respect to how the Department of Justice interprets the 
requirements under sections 106(c), 305(d), and 405(c) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(c), 1825(d), 
and 1845(c)) to notify an aggrieved person under such sections 
of the use of information obtained or derived from electronic surveil-
lance, physical search, or the use of a pen register or trap and 
trace device. The briefing shall focus on how the Department inter-
prets the phrase ‘‘obtained or derived from’’ in such sections. 
Deadline. 
Consultation. 
President. 
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132 STAT. 18 
PUBLIC LAW 115–118—JAN. 19, 2018 
SEC. 112. INSPECTOR GENERAL REPORT ON QUERIES CONDUCTED 
BY FEDERAL BUREAU OF INVESTIGATION. 
(a) REPORT.—Not later than 1 year after the date on which 
the Foreign Intelligence Surveillance Court first approves the 
querying procedures adopted pursuant to section 702(f) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), 
as added by section 101, the Inspector General of the Department 
of Justice shall submit to the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate and the Com-
mittee on the Judiciary and the Permanent Select Committee on 
Intelligence of the House of Representatives a report containing 
a review by the Inspector General of the interpretation of, and 
compliance with, such procedures by the Federal Bureau of Inves-
tigation. 
(b) MATTERS INCLUDED.—The report under subsection (a) shall 
include, at a minimum, an assessment of the following: 
(1) The interpretations by the Federal Bureau of Investiga-
tion and the National Security Division of the Department 
of Justice, respectively, relating to the querying procedures 
adopted under subsection (f) of section 702 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), as 
added by section 101. 
(2) The handling by the Federal Bureau of Investigation 
of individuals whose citizenship status is unknown at the time 
of a query conducted under such section 702. 
(3) The practice of the Federal Bureau of Investigation 
with respect to retaining records of queries conducted under 
such section 702 for auditing purposes. 
(4) The training or other processes of the Federal Bureau 
of Investigation to ensure compliance with such querying proce-
dures. 
(5) The implementation of such querying procedures with 
respect to queries conducted when evaluating whether to open 
an assessment or predicated investigation relating to the 
national security of the United States. 
(6) The scope of access by the criminal division of the 
Federal Bureau of Investigation to information obtained pursu-
ant to the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), including with respect to information 
acquired under subsection (a) of such section 702 based on 
queries conducted by the criminal division. 
(7) The frequency and nature of the reviews conducted 
by the National Security Division of the Department of Justice 
and the Office of the Director of National Intelligence relating 
to the compliance by the Federal Bureau of Investigation with 
such querying procedures. 
(8) Any impediments, including operational, technical, or 
policy impediments, for the Federal Bureau of Investigation 
to count— 
(A) the total number of queries where the Federal 
Bureau of Investigation subsequently accessed information 
acquired under subsection (a) of such section 702; 
(B) the total number of such queries that used known 
United States person identifiers; and 
(C) the total number of queries for which the Federal 
Bureau of Investigation received an order of the Foreign 
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132 STAT. 19 
PUBLIC LAW 115–118—JAN. 19, 2018 
Intelligence Surveillance Court pursuant to subsection (f)(2) 
of such section 702. 
(c) FORM.—The report under subsection (a) shall be submitted 
in unclassified form to the extent consistent with national security, 
but may include a classified annex. 
TITLE II—EXTENSION OF AUTHORITIES, 
INCREASED 
PENALTIES, 
REPORTS, 
AND OTHER MATTERS 
SEC. 201. EXTENSION OF TITLE VII OF FISA; EFFECTIVE DATES. 
(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 
‘‘December 31, 2023’’; and 
(B) by inserting ‘‘and by the FISA Amendments 
Reauthorization 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 ‘‘December 
31, 2023’’. 
(b) CONFORMING AMENDMENTS.—Section 404(b) of the FISA 
Amendments Act of 2008 (Public Law 110–261; 122 Stat. 2476), 
as amended by section 101, is further amended— 
(1) in paragraph (1)— 
(A) in the heading, by striking ‘‘DECEMBER 31, 2017’’ 
and inserting ‘‘DECEMBER 31, 2023’’; and 
(B) by inserting ‘‘and by the FISA Amendments 
Reauthorization Act of 2017’’ after ‘‘section 101(a)’’; 
(2) in paragraph (2), by inserting ‘‘and by the FISA Amend-
ments Reauthorization Act of 2017’’ after ‘‘section 101(a)’’; and 
(3) in paragraph (4)— 
(A) by inserting ‘‘and amended by the FISA Amend-
ments Reauthorization Act of 2017’’ after ‘‘as added by 
section 101(a)’’ both places it appears; and 
(B) by inserting ‘‘and by the FISA Amendments 
Reauthorization Act of 2017’’ after ‘‘as amended by section 
101(a)’’ both places it appears. 
(c) EFFECTIVE DATE OF AMENDMENTS TO FAA.—The amend-
ments made to the FISA Amendments Act of 2008 (Public Law 
110–261) by this section shall take effect on December 31, 2017. 
SEC. 202. INCREASED PENALTY FOR UNAUTHORIZED REMOVAL AND 
RETENTION OF CLASSIFIED DOCUMENTS OR MATERIAL. 
Section 1924(a) of title 18, United States Code, is amended 
by striking ‘‘one year’’ and inserting ‘‘five years’’. 
SEC. 203. REPORT ON CHALLENGES TO THE EFFECTIVENESS OF FOR-
EIGN INTELLIGENCE SURVEILLANCE. 
(a) REPORT.—Not later than 270 days after the date of the 
enactment of this Act, the Attorney General, in coordination with 
the Director of National Intelligence, shall submit to the Committee 
on the Judiciary and the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Committee on 
the Judiciary and the Select Committee on Intelligence of the Senate 
Coordination. 
50 USC 1881 
note. 
50 USC 1801 
note. 
50 USC 2511 
note. 
50 USC 1881 
and note, 
1881a–1881g. 
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132 STAT. 20 
PUBLIC LAW 115–118—JAN. 19, 2018 
a report on current and future challenges to the effectiveness of 
the foreign intelligence surveillance activities of the United States 
authorized under the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.). 
(b) MATTERS INCLUDED.—The report under subsection (a) shall 
include, at a minimum, the following: 
(1) A discussion of any trends that currently challenge the 
effectiveness of the foreign intelligence surveillance activities of 
the United States, or could foreseeably challenge such activities 
during the decade following the date of the report, including with 
respect to— 
(A) the extraordinary and surging volume of data occur-
ring worldwide; 
(B) the use of encryption; 
(C) changes to worldwide telecommunications patterns 
or infrastructure; 
(D) technical obstacles in determining the location of 
data or persons; 
(E) the increasing complexity of the legal regime, 
including regarding requests for data in the custody of 
foreign governments; 
(F) the current and future ability of the United States 
to obtain, on a compulsory or voluntary basis, assistance 
from telecommunications providers or other entities; and 
(G) any other matters the Attorney General and the 
Director of National Intelligence determine appropriate. 
(2) Recommendations for changes, including, as appro-
priate, fundamental changes, to the foreign intelligence surveil-
lance activities of the United States to address the challenges 
identified under paragraph (1) and to ensure the long-term 
effectiveness of such activities. 
(3) Recommendations for any changes to the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that 
the Attorney General and the Director of National Intelligence 
determine necessary to address the challenges identified under 
paragraph (1). 
(c) FORM.—The report under subsection (a) may be submitted 
in classified or unclassified form. 
SEC. 204. COMPTROLLER GENERAL STUDY ON THE CLASSIFICATION 
SYSTEM AND PROTECTION OF CLASSIFIED INFORMATION. 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a study of the classification system of the United States 
and the methods by which the intelligence community (as defined 
in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
3003(4))) protects classified information. 
(b) MATTERS INCLUDED.—The study under subsection (a) shall 
address the following: 
(1) Whether sensitive information is properly classified. 
(2) The effect of modern technology on the storage and 
protection of classified information, including with respect to— 
(A) using cloud storage for classified information; and 
(B) any technological means to prevent or detect 
unauthorized access to such information. 
(3) Any ways to improve the classification system of the 
United States, including with respect to changing the levels 
Recommenda- 
tions. 
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132 STAT. 21 
PUBLIC LAW 115–118—JAN. 19, 2018 
of classification used in such system and to reduce overclassi-
fication. 
(4) How to improve the authorized sharing of classified 
information, including with respect to sensitive compartmented 
information. 
(5) The value of polygraph tests in determining who is 
authorized to access classified information and in investigating 
unauthorized disclosures of classified information. 
(6) Whether each element of the intelligence community— 
(A) applies uniform standards in determining who is 
authorized to access classified information; and 
(B) provides proper training with respect to the han-
dling of classified information and the avoidance of over-
classification. 
(c) 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 Permanent Select Com-
mittee on Intelligence of the House of Representatives and the 
Committee on the Judiciary and the Select Committee on Intel-
ligence of the Senate a report containing the study under subsection 
(a). 
(d) FORM.—The report under subsection (c) shall be submitted 
in unclassified form, but may include a classified annex. 
SEC. 205. TECHNICAL AMENDMENTS AND AMENDMENTS TO IMPROVE 
PROCEDURES OF THE FOREIGN INTELLIGENCE SURVEIL-
LANCE COURT OF REVIEW. 
(a) 
TECHNICAL
AMENDMENTS.—The 
Foreign 
Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended as 
follows: 
(1) In section 103(b) (50 U.S.C. 1803(b)), by striking ‘‘des-
ignate as the’’ and inserting ‘‘designated as the’’. 
(2) In section 302(a)(1)(A)(iii) (50 U.S.C. 1822(a)(1)(A)(iii)), 
by striking ‘‘paragraphs (1) through (4)’’ and inserting ‘‘subpara-
graphs (A) through (D)’’. 
(3) In section 406(b) (50 U.S.C. 1846(b)), by striking ‘‘and 
to the Committees on the Judiciary of the House of Representa-
tives and the Senate’’. 
(4) In section 604(a) (50 U.S.C. 1874(a))— 
(A) in paragraph (1)(D), by striking ‘‘contents’’ and 
inserting ‘‘contents,’’; and 
(B) in paragraph (3), by striking ‘‘comply in the into’’ 
and inserting ‘‘comply into’’. 
(5) In section 701 (50 U.S.C. 1881)— 
(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))’’. 
(6) In section 702(h)(2)(A)(i) (50 U.S.C. 1881a(h)(2)(A)(i)), 
as redesignated by section 101, by inserting ‘‘targeting’’ before 
‘‘procedures in place’’. 
(7) 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))’’. 
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132 STAT. 22 
PUBLIC LAW 115–118—JAN. 19, 2018 
LEGISLATIVE HISTORY—S. 139 (H.R. 510): 
HOUSE REPORTS: No. 115–117 (Comm. on the Judiciary) accompanying H.R. 510. 
CONGRESSIONAL RECORD: 
Vol. 163 (2017): May 16, considered and passed Senate. 
Vol. 164 (2018): Jan. 11, considered and passed House, amended. Considered 
in Senate. 
Jan. 16–18, Senate considered and concurred in House 
amendment. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
Jan. 19, Presidential statement. 
(b) COURT-RELATED AMENDMENTS.—The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended 
as follows: 
(1) In section 103 (50 U.S.C. 1803)— 
(A) in subsection (b), by striking ‘‘immediately’’; and 
(B) in subsection (h), by striking ‘‘the court established 
under subsection (a)’’ and inserting ‘‘a court established 
under this section’’. 
(2) In section 105(d) (50 U.S.C. 1805(d)), by adding at 
the end the following new paragraph: 
‘‘(4) A denial of the application made under section 104 may 
be reviewed as provided in section 103.’’. 
(3) In section 302(d) (50 U.S.C. 1822(d)), by striking ‘‘imme-
diately’’. 
(4) In section 402(d) (50 U.S.C. 1842(d)), by adding at 
the end the following new paragraph: 
‘‘(3) A denial of the application made under this subsection 
may be reviewed as provided in section 103.’’. 
(5) In section 403(c) (50 U.S.C. 1843(c)), by adding at the 
end the following new paragraph: 
‘‘(3) A denial of the application made under subsection (a)(2) 
may be reviewed as provided in section 103.’’. 
(6) In section 501(c) (50 U.S.C. 1861(c)), by adding at the 
end the following new paragraph: 
‘‘(4) A denial of the application made under this subsection 
may be reviewed as provided in section 103.’’. 
SEC. 206. 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 application of such provisions to 
other persons and circumstances shall not be affected thereby. 
Approved January 19, 2018. 
50 USC 1801 
note. 
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