RULES COMMITTEE PRINT 115–53 · JANUARY 05, 2018 RULES COMMITTEE PRINT 115–53 TEXT OF THE FISA...

JANUARY 05, 2018

RULES COMMITTEE PRINT 115–53

TEXT OF THE FISA AMENDMENTS

REAUTHORIZATION ACT OF 2017

[Based on the text of H.R. 4478, as reported by the Permanent Committee on Intelligence]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1

(a) SHORT TITLE.—This Act may be cited as the 2

‘‘FISA Amendments Reauthorization Act of 2017’’. 3

(b) TABLE OF CONTENTS.—The table of contents for 4

this Act is as follows:5

Sec. 1. Short title; table of contents.

Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978.

TITLE I—ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLEC-

TION 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 commu-

nity.

Sec. 111. Briefing on notification requirements.

Sec. 112. Inspector General report on queries conducted by Federal Bureau of

Investigation.

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 sur-

veillance.

VerDate 0ct 09 2002 14:44 Jan 05, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\AJSCIA~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\RCP447~1.XMJanuary 5, 2018 (2:44 p.m.)

G:\CMTE\RU\15\RCP\RCP4478_2.XML

g:\VHLC\010518\010518.098.xml (683498|12)

2

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 1

SURVEILLANCE ACT OF 1978. 2

Except as otherwise expressly provided, whenever in 3

this Act an amendment or repeal is expressed in terms 4

of an amendment to, or a repeal of, a section or other 5

provision, the reference shall be considered to be made to 6

a section or other provision of the Foreign Intelligence 7

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 8

TITLE I—ENHANCEMENTS TO 9

FOREIGN INTELLIGENCE 10

COLLECTION AND SAFE-11

GUARDS, ACCOUNTABILITY, 12

AND OVERSIGHT 13

SEC. 101. QUERYING PROCEDURES REQUIRED. 14

(a) QUERYING PROCEDURES.—15

(1) IN GENERAL.—Section 702 (50 U.S.C. 16

1881a) is amended—17

(A) by redesignating subsections (f) 18

through (l) as subsections (g) through (m), re-19

spectively; and 20

(B) by inserting after subsection (e) the 21

following new subsection: 22

‘‘(f) QUERIES.—23



g:\VHLC\010518\010518.098.xml (683498|12)

3

‘‘(1) PROCEDURES REQUIRED.—1

‘‘(A) REQUIREMENT TO ADOPT.—The At-2

torney General, in consultation with the Direc-3

tor of National Intelligence, shall adopt 4

querying procedures consistent with the require-5

ments of the fourth amendment to the Con-6

stitution of the United States for information 7

collected pursuant to an authorization under 8

subsection (a). 9

‘‘(B) RECORD OF UNITED STATES PERSON 10

QUERY TERMS.—The Attorney General, in con-11

sultation with the Director of National Intel-12

ligence, shall ensure that the procedures adopt-13

ed under subparagraph (A) include a technical 14

procedure whereby a record is kept of each 15

United States person query term used for a 16

query. 17

‘‘(C) JUDICIAL REVIEW.—The procedures 18

adopted in accordance with subparagraph (A) 19

shall be subject to judicial review pursuant to 20

subsection (j). 21

‘‘(2) ACCESS TO RESULTS OF CERTAIN QUERIES 22

CONDUCTED BY FBI.—23

‘‘(A) COURT ORDER REQUIRED FOR FBI 24

REVIEW OF CERTAIN QUERY RESULTS IN CRIMI-25



g:\VHLC\010518\010518.098.xml (683498|12)

4

NAL INVESTIGATIONS UNRELATED TO NA-1

TIONAL SECURITY.—Except as provided by sub-2

paragraph (E), in connection with a predicated 3

criminal investigation opened by the Federal 4

Bureau of Investigation that does not relate to 5

the national security of the United States, the 6

Federal Bureau of Investigation may not access 7

the contents of communications acquired under 8

subsection (a) that were retrieved pursuant to 9

a query made using a United States person 10

query term that was not designed to find and 11

extract foreign intelligence information unless—12

‘‘(i) the Federal Bureau of Investiga-13

tion applies for an order of the Court 14

under subparagraph (C); and 15

‘‘(ii) the Court enters an order under 16

subparagraph (D) approving such applica-17

tion. 18

‘‘(B) JURISDICTION.—The Court shall 19

have jurisdiction to review an application and to 20

enter an order approving the access described 21

in subparagraph (A). 22

‘‘(C) APPLICATION.—Each application for 23

an order under this paragraph shall be made by 24

a Federal officer in writing upon oath or affir-25



g:\VHLC\010518\010518.098.xml (683498|12)

5

mation to a judge having jurisdiction under 1

subparagraph (B). Each application shall re-2

quire the approval of the Attorney General 3

based upon the finding of the Attorney General 4

that the application satisfies the criteria and re-5

quirements of such application, as set forth in 6

this paragraph, and shall include—7

‘‘(i) the identity of the Federal officer 8

making the application; and 9

‘‘(ii) an affidavit or other information 10

containing a statement of the facts and 11

circumstances relied upon by the applicant 12

to justify the belief of the applicant that 13

the contents of communications described 14

in subparagraph (A) covered by the appli-15

cation would provide evidence of—16

‘‘(I) criminal activity; 17

‘‘(II) contraband, fruits of a 18

crime, or other items illegally pos-19

sessed by a third party; or 20

‘‘(III) property designed for use, 21

intended for use, or used in commit-22

ting a crime. 23

‘‘(D) ORDER.—Upon an application made 24

pursuant to subparagraph (C), the Court shall 25



g:\VHLC\010518\010518.098.xml (683498|12)

6

enter an order approving the accessing of the 1

contents of communications described in sub-2

paragraph (A) covered by the application if the 3

Court finds probable cause to believe that such 4

contents would provide any of the evidence de-5

scribed in subparagraph (C)(ii). 6

‘‘(E) EXCEPTION.—The requirement for 7

an order of the Court under subparagraph (A) 8

to access the contents of communications de-9

scribed in such subparagraph shall not apply 10

with respect to a query if the Federal Bureau 11

of Investigation determines there is a reason-12

able belief that such contents could assist in 13

mitigating or eliminating a threat to life or seri-14

ous bodily harm. 15

‘‘(F) RULE OF CONSTRUCTION.—Nothing 16

in this paragraph may be construed as—17

‘‘(i) limiting the authority of the Fed-18

eral Bureau of Investigation to conduct 19

lawful queries of information acquired 20

under subsection (a); 21

‘‘(ii) limiting the authority of the Fed-22

eral Bureau of Investigation to review, 23

without a court order, the results of any 24

query of information acquired under sub-25



g:\VHLC\010518\010518.098.xml (683498|12)

7

section (a) that was reasonably designed to 1

find and extract foreign intelligence infor-2

mation, regardless of whether such foreign 3

intelligence information could also be con-4

sidered evidence of a crime; or 5

‘‘(iii) prohibiting or otherwise limiting 6

the ability of the Federal Bureau of Inves-7

tigation to access the results of queries 8

conducted when evaluating whether to 9

open an assessment or predicated inves-10

tigation relating to the national security of 11

the United States. 12

‘‘(3) DEFINITIONS.—In this subsection: 13

‘‘(A) The term ‘contents’ has the meaning 14

given that term in section 2510(8) of title 18, 15

United States Code. 16

‘‘(B) The term ‘query’ means the use of 17

one or more terms to retrieve the unminimized 18

contents or noncontents located in electronic 19

and data storage systems of communications of 20

or concerning United States persons obtained 21

through acquisitions authorized under sub-22

section (a).’’. 23

(2) APPLICATION.—Subsection (f) of section 24

702 of the Foreign Intelligence Surveillance Act of 25



g:\VHLC\010518\010518.098.xml (683498|12)

8

1978 (50 U.S.C. 1881a), as added by paragraph (1), 1

shall apply with respect to certifications submitted 2

under subsection (h) of such section to the Foreign 3

Intelligence Surveillance Court after January 1, 4

2018. 5

(b) CONFORMING AMENDMENTS.—6

(1) AMENDMENTS TO SECTION 702 OF FISA.—7

Such section 702 is further amended—8

(A) in subsection (a), by striking ‘‘with 9

subsection (i)(3)’’ and inserting ‘‘with sub-10

section (j)(3)’’; 11

(B) in subsection (c)—12

(i) in paragraph (1)(B), by striking 13

‘‘with subsection (g)’’ and inserting ‘‘with 14

subsection (h)’’; 15

(ii) in paragraph (2), by striking ‘‘to 16

subsection (i)(3)’’ and inserting ‘‘to sub-17

section (j)(3)’’; and 18

(iii) in paragraph (3)—19

(I) in subparagraph (A), by strik-20

ing ‘‘with subsection (g)’’ and insert-21

ing ‘‘with subsection (h)’’; and 22

(II) in subparagraph (B)—23



g:\VHLC\010518\010518.098.xml (683498|12)

9

(aa) by striking ‘‘to sub-1

section (i)(1)(C)’’ and inserting 2

‘‘to subsection (j)(1)(C)’’; and 3

(bb) by striking ‘‘under sub-4

section (i)’’ and inserting ‘‘under 5

subsection (j)’’; 6

(C) in subsection (d)(2), by striking ‘‘to 7

subsection (i)’’ and inserting ‘‘to subsection 8

(j)’’; 9

(D) in subsection (e)(2), by striking ‘‘to 10

subsection (i)’’ and inserting ‘‘to subsection 11

(j)’’; 12

(E) in subsection (h), as redesignated by 13

subsection (a)(1)—14

(i) in paragraph (2)(A)(iii), by strik-15

ing ‘‘with subsection (f)’’ and inserting 16

‘‘with subsection (g)’’; 17

(ii) in paragraph (3), by striking 18

‘‘with subsection (i)(1)(C)’’ and inserting 19

‘‘with subsection (j)(1)(C)’’; and 20

(iii) in paragraph (6), by striking ‘‘to 21

subsection (i)’’ and inserting ‘‘to sub-22

section (j)’’; 23

(F) in subsection (j), as redesignated by 24




g:\VHLC\010518\010518.098.xml (683498|12)

10

(i) in paragraph (1)—1


ing ‘‘targeting and minimization pro-3

cedures adopted in accordance with 4

subsections (d) and (e)’’ and inserting 5

‘‘targeting, minimization, and 6

querying procedures adopted in ac-7

cordance with subsections (d), (e), 8

and (f)(1)’’; 9

(II) in subparagraph (B), by 10

striking ‘‘targeting and minimization 11

procedures adopted in accordance with 12





and (f)(1)’’; and 17

(III) in subparagraph (C), by 18

striking ‘‘targeting and minimization 19

procedures adopted in accordance with 20





and (f)(1)’’; 25



g:\VHLC\010518\010518.098.xml (683498|12)

11

(ii) in paragraph (2)—1


ing ‘‘with subsection (g)’’ and insert-3

ing ‘‘with subsection (h)’’; and 4

(II) by adding at the end the fol-5

lowing: 6

‘‘(D) QUERYING PROCEDURES.—The 7

querying procedures adopted in accordance with 8

subsection (f)(1) to assess whether such proce-9

dures comply with the requirements of such 10

subsection.’’; 11

(iii) in paragraph (3)—12

(I) in subparagraph (A)—13

(aa) by striking ‘‘with sub-14

section (g)’’ and inserting ‘‘with 15

subsection (h)’’; and 16

(bb) by striking ‘‘targeting 17

and minimization procedures 18

adopted in accordance with sub-19

sections (d) and (e)’’ and insert-20

ing ‘‘targeting, minimization, and 21

querying procedures adopted in 22

accordance with subsections (d), 23

(e), and (f)(1)’’; and 24



g:\VHLC\010518\010518.098.xml (683498|12)

12

(II) in subparagraph (B), in the 1

matter before clause (i)—2

(aa) by striking ‘‘with sub-3

section (g)’’ and inserting ‘‘with 4

subsection (h)’’; and 5

(bb) by striking ‘‘with sub-6

sections (d) and (e)’’ and insert-7

ing ‘‘with subsections (d), (e), 8

and (f)(1)’’; and 9

(iv) in paragraph (5)(A)—10

(I) by striking ‘‘with subsection 11

(g)’’ and inserting ‘‘with subsection 12

(h)’’; and 13

(II) by striking ‘‘with subsections 14

(d) and (e)’’ and inserting ‘‘with sub-15

sections (d), (e), and (f)(1)’’; and 16

(G) in subsection (m), as redesignated by 17


(i) in paragraph (1), in the matter be-19

fore subparagraph (A)—20

(I) by striking ‘‘targeting and 21

minimization procedures adopted in 22

accordance with subsections (d) and 23

(e)’’ and inserting ‘‘targeting, mini-24

mization, and querying procedures 25



g:\VHLC\010518\010518.098.xml (683498|12)

13



(II) by striking ‘‘with subsection 3

(f)’’ and inserting ‘‘with subsection 4

(g)’’; and 5

(ii) in paragraph (2)(A)—6

(I) by striking ‘‘targeting and 7

minimization procedures adopted in 8

accordance with subsections (d) and 9

(e)’’ and inserting ‘‘targeting, mini-10

mization, and querying procedures 11



(II) by striking ‘‘with subsection 14

(f)’’ and inserting ‘‘with subsection 15

(g)’’. 16

(2) AMENDMENTS TO FISA.—The Foreign In-17

telligence Surveillance Act of 1978 (50 U.S.C. 1801 18

et seq.) is further amended—19

(A) by striking ‘‘section 702(h)’’ each 20

place it appears and inserting ‘‘section 702(i)’’; 21

(B) by striking ‘‘section 702(g)’’ each 22

place it appears and inserting ‘‘section 702(h)’’; 23

and 24



g:\VHLC\010518\010518.098.xml (683498|12)

14

(C) in section 707(b)(1)(G)(ii), by striking 1

‘‘subsections (d), (e), and (f)’’ and inserting 2

‘‘subsections (d), (e), (f)(1), and (g)’’. 3

(3) AMENDMENTS TO FISA AMENDMENTS ACT 4

OF 2008.—Section 404 of the Foreign Intelligence 5

Surveillance Act of 1978 Amendments Act of 2008 6

(Public Law 110–261; 50 U.S.C. 1801 note) is 7

amended—8

(A) in subsection (a)(7)(B)—9

(i) by striking ‘‘under section 10

702(i)(3)’’ and inserting ‘‘under section 11

702(j)(3)’’; and 12

(ii) by striking ‘‘of section 702(i)(4)’’ 13

and inserting ‘‘of section 702(j)(4)’’; 14

(B) in subsection (b)—15

(i) in paragraph (3)—16


ing ‘‘to section 702(h)’’ and inserting 18

‘‘to section 702(i)’’; and 19

(II) in subparagraph (B)—20

(aa) by striking ‘‘section 21

702(h)(3) of’’ and inserting ‘‘sec-22

tion 702(i)(3) of’’; and 23



g:\VHLC\010518\010518.098.xml (683498|12)

15

(bb) by striking ‘‘to section 1

702(h)’’ and inserting ‘‘to section 2

702(i)’’; and 3

(ii) in paragraph (4)—4


ing ‘‘and sections 702(l)’’ and insert-6

ing ‘‘and sections 702(m)’’; and 7

(II) in subparagraph (B)(iv), by 8

striking ‘‘or section 702(l)’’ and in-9

serting ‘‘or section 702(m)’’. 10

SEC. 102. USE AND DISCLOSURE PROVISIONS. 11

(a) END USE RESTRICTION.—Section 706(a) (50 12

U.S.C. 1881e(a)) is amended—13

(1) by striking ‘‘Information acquired’’ and in-14

serting the following: 15

‘‘(1) IN GENERAL.—Information acquired’’; and 16

(2) by adding at the end the following: 17

‘‘(2) UNITED STATES PERSONS.—18

‘‘(A) IN GENERAL.—Any information con-19

cerning a United States person acquired under 20

section 702 shall not be used in evidence 21

against that United States person pursuant to 22

paragraph (1) in any criminal proceeding un-23

less—24



g:\VHLC\010518\010518.098.xml (683498|12)

16

‘‘(i) the Federal Bureau of Investiga-1

tion obtained an order of the Foreign In-2

telligence Surveillance Court to access such 3

information pursuant to section 702(f)(2); 4

or 5

‘‘(ii) the Attorney General determines 6

that—7

‘‘(I) the criminal proceeding af-8

fects, involves, or is related to the na-9

tional security of the United States; 10

or 11

‘‘(II) the criminal proceeding in-12

volves—13

‘‘(aa) death; 14

‘‘(bb) kidnapping; 15

‘‘(cc) serious bodily injury, 16

as defined in section 1365 of title 17

18, United States Code; 18

‘‘(dd) conduct that con-19

stitutes a criminal offense that is 20

a specified offense against a 21

minor, as defined in section 111 22

of the Adam Walsh Child Protec-23

tion and Safety Act of 2006 (34 24

U.S.C. 20911); 25



g:\VHLC\010518\010518.098.xml (683498|12)

17

‘‘(ee) incapacitation or de-1

struction of critical infrastruc-2

ture, as defined in section 3

1016(e) of the USA PATRIOT 4

Act (42 U.S.C. 5195c(e)); 5

‘‘(ff) cybersecurity, including 6

conduct described in section 7

1016(e) of the USA PATRIOT 8

Act (42 U.S.C. 5195c(e)) or sec-9

tion 1029, 1030, or 2511 of title 10

18, United States Code; 11

‘‘(gg) transnational crime, 12

including transnational narcotics 13

trafficking and transnational or-14

ganized crime; or 15

‘‘(hh) human trafficking. 16

‘‘(B) NO JUDICIAL REVIEW.—A determina-17

tion by the Attorney General under subpara-18

graph (A)(ii) is not subject to judicial review.’’. 19

(b) INTELLIGENCE COMMUNITY DISCLOSURE PROVI-20

SION.—Section 603 (50 U.S.C. 1873) is amended—21

(1) in subsection (b)—22

(A) in paragraph (1), by striking ‘‘good 23

faith estimate of the number of targets of such 24



g:\VHLC\010518\010518.098.xml (683498|12)

18

orders;’’ and inserting the following: ‘‘good faith 1

estimate of—2

‘‘(A) the number of targets of such orders; 3

‘‘(B) the number of targets of such orders 4

who are known to not be United States persons; 5

and 6

‘‘(C) the number of targets of such orders 7

who are known to be United States persons;’’; 8

(B) in paragraph (2)—9

(i) in the matter preceding subpara-10

graph (A), by inserting ‘‘, including pursu-11

ant to subsection (f)(2) of such section,’’ 12

after ‘‘section 702’’; 13

(ii) by redesignating subparagraphs 14

(A) and (B) as subparagraphs (B) and 15

(C), respectively; 16

(iii) by inserting before subparagraph 17

(B), as so redesignated, the following: 18

‘‘(A) the number of targets of such or-19

ders;’’; 20

(iv) in subparagraph (B), as so redes-21

ignated, by striking ‘‘and’’ at the end; and 22

(v) by adding at the end the following: 23

‘‘(D) the number of instances in which the 24

Federal Bureau of Investigation opened, under 25



g:\VHLC\010518\010518.098.xml (683498|12)

19

the Criminal Investigative Division or any suc-1

cessor division, an investigation of a United 2

States person (who is not considered a threat to 3

national security) based wholly or in part on an 4

acquisition authorized under such section;’’; 5

(C) in paragraph (3)(A), by striking ‘‘or-6

ders; and’’ and inserting the following: ‘‘orders, 7

including—8

‘‘(i) the number of targets of such or-9

ders who are known to not be United 10

States persons; and 11

‘‘(ii) the number of targets of such or-12

ders who are known to be United States 13

persons; and’’; 14

(D) by redesignating paragraphs (4), (5), 15

and (6) as paragraphs (5), (6), and (7), respec-16

tively; and 17

(E) by inserting after paragraph (3) the 18

following: 19

‘‘(4) the number of criminal proceedings in 20

which the United States or a State or political sub-21

division thereof provided notice pursuant to sub-22

section (c) or (d) of section 106 (including with re-23

spect to information acquired from an acquisition 24

conducted under section 702) or subsection (d) or 25



g:\VHLC\010518\010518.098.xml (683498|12)

20

(e) of section 305 of the intent of the government 1

to enter into evidence or otherwise use or disclose 2

any information obtained or derived from electronic 3

surveillance, physical search, or an acquisition con-4

ducted pursuant to this Act;’’; and 5

(2) in subsection (d)—6

(A) in paragraph (1), by striking ‘‘(4), or 7

(5)’’ and inserting ‘‘(5), or (6)’’; 8

(B) in paragraph (2)(A)—9

(i) by striking ‘‘Paragraphs (2)(A), 10

(2)(B), and (5)(C)’’ and inserting ‘‘Para-11

graphs (2)(B), (2)(C), and (6)(C)’’; and 12

(ii) by inserting before the period at 13

the end the following: ‘‘, except with re-14

spect to information required under para-15

graph (2) relating to orders issued under 16

section 702(f)(2)’’; and 17

(C) in paragraph (3)(A), in the matter 18

preceding clause (i), by striking ‘‘subsection 19

(b)(2)(B)’’ and inserting ‘‘subsection 20

(b)(2)(C)’’. 21

SEC. 103. CONGRESSIONAL REVIEW AND OVERSIGHT OF 22

ABOUTS COLLECTION. 23

(a) IN GENERAL.—Section 702(b) (50 U.S.C. 24

1881a(b)) is amended—25



g:\VHLC\010518\010518.098.xml (683498|12)

21

(1) in paragraph (4), by striking ‘‘and’’ at the 1

end; 2

(2) by redesignating paragraph (5) as para-3

graph (6); and 4

(3) by inserting after paragraph (4) the fol-5

lowing: 6

‘‘(5) may not intentionally acquire communica-7

tions that contain a reference to, but are not to or 8

from, a target of an acquisition authorized under 9

subsection (a), except as provided under section 10

103(b) of the FISA Amendments Reauthorization 11

Act of 2017; and’’. 12

(b) CONGRESSIONAL REVIEW AND OVERSIGHT OF 13

ABOUTS COLLECTION.—14

(1) DEFINITIONS.—In this subsection: 15

(A) The term ‘‘abouts communication’’ 16

means a communication that contains a ref-17

erence to, but is not to or from, a target of an 18

acquisition authorized under section 702(a) of 19

the Foreign Intelligence Surveillance Act of 20

1978 (50 U.S.C. 1881a(a)). 21

(B) The term ‘‘material breach’’ means 22

significant noncompliance with applicable law or 23

an order of the Foreign Intelligence Surveil-24



g:\VHLC\010518\010518.098.xml (683498|12)

22

lance Court concerning any acquisition of 1

abouts communications. 2

(2) SUBMISSION TO CONGRESS.—3

(A) REQUIREMENT.—Notwithstanding any 4

other provision of law, and except as provided 5

in paragraph (4), if the Attorney General and 6

the Director of National Intelligence intend to 7

implement the authorization of the intentional 8

acquisition of abouts communications, before 9

the first such implementation after the date of 10

enactment of this Act, the Attorney General 11

and the Director of National Intelligence shall 12

submit to the Committee on the Judiciary and 13

the Select Committee on Intelligence of the 14

Senate and the Committee on the Judiciary and 15

the Permanent Select Committee on Intelligence 16

of the House of Representatives a written no-17

tice of the intent to implement the authoriza-18

tion of such an acquisition, and any supporting 19

materials in accordance with this subsection. 20

(B) CONGRESSIONAL REVIEW PERIOD.—21

During the 30-day period beginning on the date 22

written notice is submitted under subparagraph 23

(A), the Committee on the Judiciary and the 24

Select Committee on Intelligence of the Senate 25



g:\VHLC\010518\010518.098.xml (683498|12)

23

and the Committee on the Judiciary and the 1

Permanent Select Committee on Intelligence of 2

the House of Representatives shall, as appro-3

priate, hold hearings and briefings and other-4

wise obtain information in order to fully review 5

the written notice. 6

(C) LIMITATION ON ACTION DURING CON-7

GRESSIONAL REVIEW PERIOD.—Notwith-8

standing any other provision of law, and subject 9

to paragraph (4), unless the Attorney General 10

and the Director of National Intelligence make 11

a determination pursuant to section 702(c)(2) 12

of the Foreign Intelligence Surveillance Act of 13

1978 (50 U.S.C. 1881a(c)(2)), the Attorney 14

General and the Director of National Intel-15

ligence may not implement the authorization of 16

the intentional acquisition of abouts commu-17

nications before the end of the period described 18

in subparagraph (B). 19

(3) WRITTEN NOTICE.—Written notice under 20

paragraph (2)(A) shall include the following: 21

(A) A copy of any certification submitted 22

to the Foreign Intelligence Surveillance Court 23

pursuant to section 702 of the Foreign Intel-24

ligence Surveillance Act of 1978 (50 U.S.C. 25



g:\VHLC\010518\010518.098.xml (683498|12)

24

1881a), or amendment thereto, authorizing the 1

intentional acquisition of abouts communica-2

tions, including all affidavits, procedures, exhib-3

its, and attachments submitted therewith. 4

(B) The decision, order, or opinion of the 5

Foreign Intelligence Surveillance Court approv-6

ing such certification, and any pleadings, appli-7

cations, or memoranda of law associated with 8

such decision, order, or opinion. 9

(C) A summary of the protections in place 10

to detect any material breach. 11

(D) Data or other results of modeling, sim-12

ulation, or auditing of sample data dem-13

onstrating that any acquisition method involv-14

ing the intentional acquisition of abouts com-15

munications shall be conducted in accordance 16

with title VII of the Foreign Intelligence Sur-17

veillance Act of 1978 (50 U.S.C. 1881 et seq.), 18

if such data or other results exist at the time 19

the written notice is submitted and were pro-20

vided to the Foreign Intelligence Surveillance 21

Court. 22

(E) Except as provided under paragraph 23

(4), a statement that no acquisition authorized 24

under subsection (a) of such section 702 shall 25



g:\VHLC\010518\010518.098.xml (683498|12)

25

include the intentional acquisition of an abouts 1

communication until after the end of the 30-day 2

period described in paragraph (2)(B). 3

(4) EXCEPTION FOR EMERGENCY ACQUISI-4

TION.—5

(A) NOTICE OF DETERMINATION.—If the 6

Attorney General and the Director of National 7

Intelligence make a determination pursuant to 8

section 702(c)(2) of the Foreign Intelligence 9

Surveillance Act of 1978 (50 U.S.C. 10

1881a(c)(2)) with respect to the intentional ac-11

quisition of abouts communications, the Attor-12

ney General and the Director of National Intel-13

ligence shall notify the Committee on the Judi-14

ciary and the Select Committee on Intelligence 15

of the Senate and the Committee on the Judici-16

ary and the Permanent Select Committee on 17

Intelligence of the House of Representatives as 18

soon as practicable, but not later than 7 days 19

after the determination is made. 20

(B) IMPLEMENTATION OR CONTINU-21

ATION.—22

(i) IN GENERAL.—If the Foreign In-23

telligence Surveillance Court approves a 24

certification that authorizes the intentional 25



g:\VHLC\010518\010518.098.xml (683498|12)

26

acquisition of abouts communications be-1

fore the end of the 30-day period described 2

in paragraph (2)(B), the Attorney General 3

and the Director of National Intelligence 4

may authorize the immediate implementa-5

tion or continuation of that certification if 6

the Attorney General and the Director of 7

National Intelligence jointly determine that 8

exigent circumstances exist such that with-9

out such immediate implementation or con-10

tinuation intelligence important to the na-11

tional security of the United States may be 12

lost or not timely acquired. 13

(ii) NOTICE.—The Attorney General 14

and the Director of National Intelligence 15

shall submit to the Committee on the Judi-16

ciary and the Select Committee on Intel-17

ligence of the Senate and the Committee 18

on the Judiciary and the Permanent Select 19

Committee on Intelligence of the House of 20

Representatives notification of a deter-21

mination pursuant to clause (i) as soon as 22

practicable, but not later than 3 days after 23

the determination is made. 24



g:\VHLC\010518\010518.098.xml (683498|12)

27

(5) REPORTING OF MATERIAL BREACH.—Sub-1

section (m) of section 702 (50 U.S.C. 1881a), as re-2

designated by section 101, is amended—3

(A) in the heading by striking ‘‘AND RE-4

VIEWS’’ and inserting ‘‘REVIEWS, AND REPORT-5

ING’’; and 6

(B) by adding at the end the following new 7

paragraph: 8

‘‘(4) REPORTING OF MATERIAL BREACH.—9

‘‘(A) IN GENERAL.—The head of each ele-10

ment of the intelligence community involved in 11

the acquisition of abouts communications shall 12

fully and currently inform the Committees on 13

the Judiciary of the House of Representatives 14

and the Senate and the congressional intel-15

ligence committees of a material breach. 16

‘‘(B) DEFINITIONS.—In this paragraph: 17

‘‘(i) The term ‘abouts communication’ 18

means a communication that contains a 19

reference to, but is not to or from, a target 20

of an acquisition authorized under sub-21

section (a). 22

‘‘(ii) The term ‘material breach’ 23

means significant noncompliance with ap-24

plicable law or an order of the Foreign In-25



g:\VHLC\010518\010518.098.xml (683498|12)

28

telligence Surveillance Court concerning 1

any acquisition of abouts communica-2

tions.’’. 3

(6) APPOINTMENT OF AMICI CURIAE BY FOR-4

EIGN INTELLIGENCE SURVEILLANCE COURT.—For 5

purposes of section 103(i)(2)(A) of the Foreign In-6

telligence Surveillance Act of 1978 (50 U.S.C. 7

1803(i)(2)(A)), the Foreign Intelligence Surveillance 8

Court shall treat the first certification under section 9

702(h) of such Act (50 U.S.C. 1881a(h)) or amend-10

ment thereto that authorizes the acquisition of 11

abouts communications as presenting a novel or sig-12

nificant interpretation of the law, unless the court 13

determines otherwise. 14

SEC. 104. PUBLICATION OF MINIMIZATION PROCEDURES 15

UNDER SECTION 702. 16

Section 702(e) (50 U.S.C. 1881a(e)) is amended by 17

adding at the end the following new paragraph: 18

‘‘(3) PUBLICATION.—The Director of National 19

Intelligence, in consultation with the Attorney Gen-20

eral, shall—21

‘‘(A) conduct a declassification review of 22

any minimization procedures adopted or amend-23

ed in accordance with paragraph (1); and 24



g:\VHLC\010518\010518.098.xml (683498|12)

29

‘‘(B) consistent with such review, and not 1

later than 180 days after conducting such re-2

view, make such minimization procedures pub-3

licly available to the greatest extent practicable, 4

which may be in redacted form.’’. 5

SEC. 105. SECTION 705 EMERGENCY PROVISION. 6

Section 705 (50 U.S.C. 1881d) is amended by adding 7

at the end the following: 8

‘‘(c) EMERGENCY AUTHORIZATION.—9

‘‘(1) CONCURRENT AUTHORIZATION.—If the 10

Attorney General authorized the emergency employ-11

ment of electronic surveillance or a physical search 12

pursuant to section 105 or 304, the Attorney Gen-13

eral may authorize, for the effective period of the 14

emergency authorization and subsequent order pur-15

suant to section 105 or 304, without a separate 16

order under section 703 or 704, the targeting of a 17

United States person subject to such emergency em-18

ployment for the purpose of acquiring foreign intel-19

ligence information while such United States person 20

is reasonably believed to be located outside the 21

United States. 22

‘‘(2) USE OF INFORMATION.—If an application 23

submitted to the Court pursuant to section 104 or 24

303 is denied, or in any other case in which the ac-25



g:\VHLC\010518\010518.098.xml (683498|12)

30

quisition pursuant to paragraph (1) is terminated 1

and no order with respect to the target of the acqui-2

sition is issued under section 105 or 304, all infor-3

mation obtained or evidence derived from such ac-4

quisition shall be handled in accordance with section 5

704(d)(4).’’. 6

SEC. 106. COMPENSATION OF AMICI CURIAE AND TECH-7

NICAL EXPERTS. 8

Subsection (i) of section 103 (50 U.S.C. 1803) is 9

amended by adding at the end the following: 10

‘‘(11) COMPENSATION.—Notwithstanding any 11

other provision of law, a court established under 12

subsection (a) or (b) may compensate an amicus cu-13

riae appointed under paragraph (2) for assistance 14

provided under such paragraph as the court con-15

siders appropriate and at such rate as the court con-16

siders appropriate.’’. 17

SEC. 107. ADDITIONAL REPORTING REQUIREMENTS. 18

(a) ELECTRONIC SURVEILLANCE.—Section 107 (50 19

U.S.C. 1807) is amended to read as follows: 20

‘‘SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE. 21

‘‘(a) ANNUAL REPORT.—In April of each year, the 22

Attorney General shall transmit to the Administrative Of-23

fice of the United States Courts and to the congressional 24

intelligence committees and the Committees on the Judici-25



g:\VHLC\010518\010518.098.xml (683498|12)

31

ary of the House of Representatives and the Senate a re-1

port setting forth with respect to the preceding calendar 2

year—3

‘‘(1) the total number of applications made for 4

orders and extensions of orders approving electronic 5

surveillance under this title; 6

‘‘(2) the total number of such orders and exten-7

sions either granted, modified, or denied; and 8

‘‘(3) the total number of subjects targeted by 9

electronic surveillance conducted under an order or 10

emergency authorization under this title, rounded to 11

the nearest 500, including the number of such indi-12

viduals who are United States persons, reported to 13

the nearest band of 500, starting with 0–499. 14

‘‘(b) FORM.—Each report under subsection (a) shall 15

be submitted in unclassified form, to the extent consistent 16

with national security. Not later than 7 days after the date 17

on which the Attorney General submits each such report, 18

the Attorney General shall make the report publicly avail-19

able, or, if the Attorney General determines that the re-20

port cannot be made publicly available consistent with na-21

tional security, the Attorney General may make publicly 22

available an unclassified summary of the report or a re-23

dacted version of the report.’’. 24



g:\VHLC\010518\010518.098.xml (683498|12)

32

(b) PEN REGISTERS AND TRAP AND TRACE DE-1

VICES.—Section 406 (50 U.S.C. 1846) is amended—2

(1) in subsection (b)—3

(A) in paragraph (4), by striking ‘‘; and’’ 4

and inserting a semicolon; 5

(B) in paragraph (5), by striking the pe-6

riod at the end and inserting ‘‘; and’’; and 7

(C) by adding at the end the following new 8

paragraph: 9

‘‘(6) a good faith estimate of the total number 10

of subjects who were targeted by the installation and 11

use of a pen register or trap and trace device under 12

an order or emergency authorization issued under 13

this title, rounded to the nearest 500, including—14

‘‘(A) the number of such subjects who are 15

United States persons, reported to the nearest 16

band of 500, starting with 0–499; and 17

‘‘(B) of the number of United States per-18

sons described in subparagraph (A), the num-19

ber of persons whose information acquired pur-20

suant to such order was reviewed or accessed by 21

a Federal officer, employee, or agent, reported 22

to the nearest band of 500, starting with 0–23

499.’’; and 24



g:\VHLC\010518\010518.098.xml (683498|12)

33

(2) by adding at the end the following new sub-1

section: 2

‘‘(c) Each report under subsection (b) shall be sub-3

mitted in unclassified form, to the extent consistent with 4

national security. Not later than 7 days after the date on 5

which the Attorney General submits such a report, the At-6

torney General shall make the report publicly available, 7

or, if the Attorney General determines that the report can-8

not be made publicly available consistent with national se-9

curity, the Attorney General may make publicly available 10

an unclassified summary of the report or a redacted 11

version of the report.’’. 12

SEC. 108. IMPROVEMENTS TO PRIVACY AND CIVIL LIB-13

ERTIES OVERSIGHT BOARD. 14

(a) APPOINTMENT OF STAFF.—Subsection (j) of sec-15

tion 1061 of the Intelligence Reform and Terrorism Pre-16

vention Act of 2004 (42 U.S.C. 2000ee(j)) is amended—17

(1) by redesignating paragraphs (2) and (3) as 18

paragraphs (3) and (4), respectively; and 19

(2) by inserting after paragraph (1) the fol-20

lowing new paragraph: 21

‘‘(2) APPOINTMENT IN ABSENCE OF CHAIR-22

MAN.—If the position of chairman of the Board is 23

vacant, during the period of the vacancy, the Board, 24

at the direction of the unanimous vote of the serving 25



g:\VHLC\010518\010518.098.xml (683498|12)

34

members of the Board, may exercise the authority of 1

the chairman under paragraph (1).’’. 2

(b) MEETINGS.—Subsection (f) of such section (42 3

U.S.C. 2000ee(f)) is amended—4

(1) by striking ‘‘The Board shall’’ and inserting 5

‘‘The Board’’; 6

(2) in paragraph (1) by striking ‘‘make its’’ and 7

inserting ‘‘shall make its’’; and 8

(3) in paragraph (2)—9

(A) by striking ‘‘hold public’’ and inserting 10

‘‘shall hold public’’; and 11

(B) by inserting before the period at the 12

end the following: ‘‘, but may, notwithstanding 13

section 552b of title 5, United States Code, 14

meet or otherwise communicate in any number 15

to confer or deliberate in a manner that is 16

closed to the public’’. 17

SEC. 109. PRIVACY AND CIVIL LIBERTIES OFFICERS. 18

Section 1062(a) of the Intelligence Reform and Ter-19

rorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(a)) 20

is amended by inserting ‘‘, the Director of the National 21

Security Agency, the Director of the Federal Bureau of 22

Investigation’’ after ‘‘the Director of the Central Intel-23

ligence Agency’’. 24



g:\VHLC\010518\010518.098.xml (683498|12)

35

SEC. 110. WHISTLEBLOWER PROTECTIONS FOR CONTRAC-1

TORS OF THE INTELLIGENCE COMMUNITY. 2

(a) PROHIBITED PERSONNEL PRACTICES IN THE IN-3

TELLIGENCE COMMUNITY.—Section 1104 of the National 4

Security Act of 1947 (50 U.S.C. 3234) is amended—5

(1) in subsection (a)—6

(A) in paragraph (3), by inserting ‘‘or a 7

contractor employee’’ after ‘‘character)’’; and 8

(B) by adding at the end the following new 9

paragraph: 10

‘‘(4) CONTRACTOR EMPLOYEE.—The term ‘con-11

tractor employee’ means an employee of a con-12

tractor, subcontractor, grantee, subgrantee, or per-13

sonal services contractor, of a covered intelligence 14

community element.’’; 15

(2) by redesignating subsections (c) and (d) as 16

subsections (d) and (e), respectively; 17

(3) by inserting after subsection (b) the fol-18

lowing new subsection (c): 19

‘‘(c) CONTRACTOR EMPLOYEES.—(1) Any employee 20

of a contractor, subcontractor, grantee, subgrantee, or 21

personal services contractor, of a covered intelligence com-22

munity element who has authority to take, direct others 23

to take, recommend, or approve any personnel action, shall 24

not, with respect to such authority, take or fail to take 25

a personnel action with respect to any contractor employee 26



g:\VHLC\010518\010518.098.xml (683498|12)

36

as a reprisal for a lawful disclosure of information by the 1

contractor employee to the Director of National Intel-2

ligence (or an employee designated by the Director of Na-3

tional Intelligence for such purpose), the Inspector Gen-4

eral of the Intelligence Community, the head of the con-5

tracting agency (or an employee designated by the head 6

of that agency for such purpose), the appropriate inspec-7

tor general of the contracting agency, a congressional in-8

telligence committee, or a member of a congressional intel-9

ligence committee, which the contractor employee reason-10

ably believes evidences—11

‘‘(A) a violation of any Federal law, rule, or 12

regulation (including with respect to evidence of an-13

other employee or contractor employee accessing or 14

sharing classified information without authoriza-15

tion); or 16

‘‘(B) gross mismanagement, a gross waste of 17

funds, an abuse of authority, or a substantial and 18

specific danger to public health or safety. 19

‘‘(2) A personnel action under paragraph (1) is pro-20

hibited even if the action is undertaken at the request of 21

an agency official, unless the request takes the form of 22

a nondiscretionary directive and is within the authority of 23

the agency official making the request.’’; 24



g:\VHLC\010518\010518.098.xml (683498|12)

37

(4) in subsection (b), by striking the heading 1

and inserting ‘‘AGENCY EMPLOYEES.—’’; and 2

(5) in subsection (e), as redesignated by para-3

graph (2), by inserting ‘‘contractor employee,’’ after 4

‘‘any employee,’’. 5

(b) FEDERAL BUREAU OF INVESTIGATION.—6

(1) IN GENERAL.—Any employee of a con-7

tractor, subcontractor, grantee, subgrantee, or per-8

sonal services contractor, of the Federal Bureau of 9

Investigation who has authority to take, direct oth-10

ers to take, recommend, or approve any personnel 11

action, shall not, with respect to such authority, take 12

or fail to take a personnel action with respect to a 13

contractor employee as a reprisal for a disclosure of 14

information—15

(A) made—16

(i) to a supervisor in the direct chain 17

of command of the contractor employee; 18

(ii) to the Inspector General; 19

(iii) to the Office of Professional Re-20

sponsibility of the Department of Justice; 21

(iv) to the Office of Professional Re-22

sponsibility of the Federal Bureau of In-23

vestigation; 24



g:\VHLC\010518\010518.098.xml (683498|12)

38

(v) to the Inspection Division of the 1

Federal Bureau of Investigation; 2

(vi) to the Office of Special Counsel; 3

or 4

(vii) to an employee designated by any 5

officer, employee, office, or division de-6

scribed in clauses (i) through (vii) for the 7

purpose of receiving such disclosures; and 8

(B) which the contractor employee reason-9

ably believes evidences—10

(i) any violation of any law, rule, or 11

regulation (including with respect to evi-12

dence of another employee or contractor 13

employee accessing or sharing classified in-14

formation without authorization); or 15

(ii) gross mismanagement, a gross 16

waste of funds, an abuse of authority, or 17

a substantial and specific danger to public 18

health or safety. 19

(2) ACTIONS BY REQUEST.—A personnel action 20

under paragraph (1) is prohibited even if the action 21

is undertaken at the request of an official of the 22

Federal Bureau of Investigation, unless the request 23

takes the form of a nondiscretionary directive and is 24



g:\VHLC\010518\010518.098.xml (683498|12)

39

within the authority of the official making the re-1

quest. 2

(3) REGULATIONS.—The Attorney General shall 3

prescribe regulations to ensure that a personnel ac-4

tion described in paragraph (1) shall not be taken 5

against a contractor employee of the Federal Bureau 6

of Investigation as a reprisal for any disclosure of 7

information described in subparagraph (A) of such 8

paragraph. 9

(4) ENFORCEMENT.—The President shall pro-10

vide for the enforcement of this subsection. 11

(5) DEFINITIONS.—In this subsection: 12

(A) The term ‘‘contractor employee’’ 13

means an employee of a contractor, subcon-14

tractor, grantee, subgrantee, or personal serv-15

ices contractor, of the Federal Bureau of Inves-16

tigation. 17

(B) The term ‘‘personnel action’’ means 18

any action described in clauses (i) through (x) 19

of section 2302(a)(2)(A) of title 5, United 20

States Code, with respect to a contractor em-21

ployee. 22

(c) RETALIATORY REVOCATION OF SECURITY 23

CLEARANCES AND ACCESS DETERMINATIONS.—Section 24

3001(j) of the Intelligence Reform and Terrorism Preven-25



g:\VHLC\010518\010518.098.xml (683498|12)

40

tion Act of 2004 (50 U.S.C. 3341(j)) is amended by add-1

ing at the end the following new paragraph: 2

‘‘(8) INCLUSION OF CONTRACTOR EMPLOY-3

EES.—In this subsection, the term ‘employee’ in-4

cludes an employee of a contractor, subcontractor, 5

grantee, subgrantee, or personal services contractor, 6

of an agency. With respect to such employees, the 7

term ‘employing agency’ shall be deemed to be the 8

contracting agency.’’. 9

SEC. 111. BRIEFING ON NOTIFICATION REQUIREMENTS. 10

Not later than 180 days after the date of the enact-11

ment of this Act, the Attorney General, in consultation 12

with the Director of National Intelligence, shall provide 13

to the Committee on the Judiciary and the Permanent Se-14

lect Committee on Intelligence of the House of Represent-15

atives and the Committee on the Judiciary and the Select 16

Committee on Intelligence of the Senate a briefing with 17

respect to how the Department of Justice interprets the 18

requirements under sections 106(c), 305(d), and 405(c) 19

of the Foreign Intelligence Surveillance Act of 1978 (50 20

U.S.C. 1806(c), 1825(d), and 1845(c)) to notify an ag-21

grieved person under such sections of the use of informa-22

tion obtained or derived from electronic surveillance, phys-23

ical search, or the use of a pen register or trap and trace 24

device. The briefing shall focus on how the Department 25



g:\VHLC\010518\010518.098.xml (683498|12)

41

interprets the phrase ‘‘obtained or derived from’’ in such 1

sections. 2

SEC. 112. INSPECTOR GENERAL REPORT ON QUERIES CON-3

DUCTED BY FEDERAL BUREAU OF INVES-4

TIGATION. 5

(a) REPORT.—Not later than 1 year after the date 6

on which the Foreign Intelligence Surveillance Court first 7

approves the querying procedures adopted pursuant to 8

section 702(f) of the Foreign Intelligence Surveillance Act 9

of 1978 (50 U.S.C. 1881a(f)), as added by section 101, 10

the Inspector General of the Department of Justice shall 11

submit to the Committee on the Judiciary and the Select 12

Committee on Intelligence of the Senate and the Com-13

mittee on the Judiciary and the Permanent Select Com-14

mittee on Intelligence of the House of Representatives a 15

report containing a review by the Inspector General of the 16

interpretation of, and compliance with, such procedures by 17

the Federal Bureau of Investigation. 18

(b) MATTERS INCLUDED.—The report under sub-19

section (a) shall include, at a minimum, an assessment 20

of the following: 21

(1) The interpretations by the Federal Bureau 22

of Investigation and the National Security Division 23

of the Department of Justice, respectively, relating 24

to the querying procedures adopted under subsection 25



g:\VHLC\010518\010518.098.xml (683498|12)

42

(f) of section 702 of the Foreign Intelligence Surveil-1

lance Act of 1978 (50 U.S.C. 1881a(f)), as added by 2

section 101. 3

(2) The handling by the Federal Bureau of In-4

vestigation of individuals whose citizenship status is 5

unknown at the time of a query conducted under 6

such section 702. 7

(3) The practice of the Federal Bureau of In-8

vestigation with respect to retaining records of que-9

ries conducted under such section 702 for auditing 10

purposes. 11

(4) The training or other processes of the Fed-12

eral Bureau of Investigation to ensure compliance 13

with such querying procedures. 14

(5) The implementation of such querying proce-15

dures with respect to queries conducted when evalu-16

ating whether to open an assessment or predicated 17

investigation relating to the national security of the 18

United States. 19

(6) The scope of access by the criminal division 20

of the Federal Bureau of Investigation to informa-21

tion obtained pursuant to the Foreign Intelligence 22

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 23

including with respect to information acquired under 24



g:\VHLC\010518\010518.098.xml (683498|12)

43

subsection (a) of such section 702 based on queries 1

conducted by the criminal division. 2

(7) The frequency and nature of the reviews 3

conducted by the National Security Division of the 4

Department of Justice and the Office of the Direc-5

tor of National Intelligence relating to the compli-6

ance by the Federal Bureau of Investigation with 7

such querying procedures. 8

(8) Any impediments, including operational, 9

technical, or policy impediments, for the Federal Bu-10

reau of Investigation to count—11

(A) the total number of queries where the 12

Federal Bureau of Investigation subsequently 13

accessed information acquired under subsection 14

(a) of such section 702; 15

(B) the total number of such queries that 16

used known United States person identifiers; 17

and 18

(C) the total number of queries for which 19

the Federal Bureau of Investigation received an 20

order of the Foreign Intelligence Surveillance 21

Court pursuant to subsection (f)(2) of such sec-22

tion 702. 23



g:\VHLC\010518\010518.098.xml (683498|12)

44

(c) FORM.—The report under subsection (a) shall be 1

submitted in unclassified form to the extent consistent 2

with national security, but may include a classified annex. 3

TITLE II—EXTENSION OF AU-4

THORITIES, INCREASED PEN-5

ALTIES, REPORTS, AND 6

OTHER MATTERS 7

SEC. 201. EXTENSION OF TITLE VII OF FISA; EFFECTIVE 8

DATES. 9

(a) EXTENSION.—Section 403(b) of the FISA 10

Amendments Act of 2008 (Public Law 110–261; 122 Stat. 11

2474) is amended—12


(A) by striking ‘‘December 31, 2017’’ and 14

inserting ‘‘December 31, 2023’’; and 15

(B) by inserting ‘‘and by the FISA 16

Amendments Reauthorization Act of 2017’’ 17

after ‘‘section 101(a)’’; and 18

(2) in paragraph (2) in the matter preceding 19

subparagraph (A), by striking ‘‘December 31, 2017’’ 20

and inserting ‘‘December 31, 2023’’. 21

(b) CONFORMING AMENDMENTS.—Section 404(b) of 22

the FISA Amendments Act of 2008 (Public Law 110–261; 23

122 Stat. 2476), as amended by section 101, is further 24

amended—25



g:\VHLC\010518\010518.098.xml (683498|12)

45


(A) in the heading, by striking ‘‘DECEM-2

BER 31, 2017’’ and inserting ‘‘DECEMBER 31, 3

2023’’; and 4



after ‘‘section 101(a)’’; 7

(2) in paragraph (2), by inserting ‘‘and by the 8

FISA Amendments Reauthorization Act of 2017’’ 9

after ‘‘section 101(a)’’; and 10


(A) by inserting ‘‘and amended by the 12

FISA Amendments Reauthorization Act of 13

2017’’ after ‘‘as added by section 101(a)’’ both 14

places it appears; and 15



after ‘‘as amended by section 101(a)’’ both 18

places it appears. 19

(c) EFFECTIVE DATE OF AMENDMENTS TO FAA.—20

The amendments made to the FISA Amendments Act of 21

2008 (Public Law 110–261) by this section shall take ef-22

fect on December 31, 2017. 23



g:\VHLC\010518\010518.098.xml (683498|12)

46

SEC. 202. INCREASED PENALTY FOR UNAUTHORIZED RE-1

MOVAL AND RETENTION OF CLASSIFIED DOC-2

UMENTS OR MATERIAL. 3

Section 1924(a) of title 18, United States Code, is 4

amended by striking ‘‘one year’’ and inserting ‘‘five 5

years’’. 6

SEC. 203. REPORT ON CHALLENGES TO THE EFFECTIVE-7

NESS OF FOREIGN INTELLIGENCE SURVEIL-8

LANCE. 9

(a) REPORT.—Not later than 270 days after the date 10

of the enactment of this Act, the Attorney General, in co-11

ordination with the Director of National Intelligence, shall 12

submit to the Committee on the Judiciary and the Perma-13

nent Select Committee on Intelligence of the House of 14

Representatives and the Committee on the Judiciary and 15

the Select Committee on Intelligence of the Senate a re-16

port on current and future challenges to the effectiveness 17

of the foreign intelligence surveillance activities of the 18

United States authorized under the Foreign Intelligence 19

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 20

(b) MATTERS INCLUDED.—The report under sub-21

section (a) shall include, at a minimum, the following: 22

(1) A discussion of any trends that currently 23

challenge the effectiveness of the foreign intelligence 24

surveillance activities of the United States, or could 25

foreseeably challenge such activities during the dec-26



g:\VHLC\010518\010518.098.xml (683498|12)

47

ade following the date of the report, including with 1

respect to—2

(A) the extraordinary and surging volume 3

of data occurring worldwide; 4

(B) the use of encryption; 5

(C) changes to worldwide telecommuni-6

cations patterns or infrastructure; 7

(D) technical obstacles in determining the 8

location of data or persons; 9

(E) the increasing complexity of the legal 10

regime, including regarding requests for data in 11

the custody of foreign governments; 12

(F) the current and future ability of the 13

United States to obtain, on a compulsory or 14

voluntary basis, assistance from telecommuni-15

cations providers or other entities; and 16

(G) any other matters the Attorney Gen-17

eral and the Director of National Intelligence 18

determine appropriate. 19

(2) Recommendations for changes, including, as 20

appropriate, fundamental changes, to the foreign in-21

telligence surveillance activities of the United States 22

to address the challenges identified under paragraph 23

(1) and to ensure the long-term effectiveness of such 24

activities. 25



g:\VHLC\010518\010518.098.xml (683498|12)

48

(3) Recommendations for any changes to the 1

Foreign Intelligence Surveillance Act of 1978 (50 2

U.S.C. 1801 et seq.) that the Attorney General and 3

the Director of National Intelligence determine nec-4

essary to address the challenges identified under 5

paragraph (1). 6

(c) FORM.—The report under subsection (a) may be 7

submitted in classified or unclassified form. 8

SEC. 204. COMPTROLLER GENERAL STUDY ON THE CLASSI-9

FICATION SYSTEM AND PROTECTION OF 10

CLASSIFIED INFORMATION. 11

(a) STUDY.—The Comptroller General of the United 12

States shall conduct a study of the classification system 13

of the United States and the methods by which the intel-14

ligence community (as defined in section 3(4) of the Na-15

tional Security Act of 1947 (50 U.S.C. 3003(4))) protects 16

classified information. 17

(b) MATTERS INCLUDED.—The study under sub-18

section (a) shall address the following: 19

(1) Whether sensitive information is properly 20

classified. 21

(2) The effect of modern technology on the 22

storage and protection of classified information, in-23

cluding with respect to—24



g:\VHLC\010518\010518.098.xml (683498|12)

49

(A) using cloud storage for classified infor-1

mation; and 2

(B) any technological means to prevent or 3

detect unauthorized access to such information. 4

(3) Any ways to improve the classification sys-5

tem of the United States, including with respect to 6

changing the levels of classification used in such sys-7

tem and to reduce overclassification. 8

(4) How to improve the authorized sharing of 9

classified information, including with respect to sen-10

sitive compartmented information. 11

(5) The value of polygraph tests in determining 12

who is authorized to access classified information 13

and in investigating unauthorized disclosures of clas-14

sified information. 15

(6) Whether each element of the intelligence 16

community—17

(A) applies uniform standards in deter-18

mining who is authorized to access classified in-19

formation; and 20

(B) provides proper training with respect 21

to the handling of classified information and 22

the avoidance of overclassification. 23

(c) REPORT.—Not later than 180 days after the date 24

of the enactment of this Act, the Comptroller General shall 25



g:\VHLC\010518\010518.098.xml (683498|12)

50

submit to the Committee on the Judiciary and the Perma-1

nent Select Committee on Intelligence of the House of 2

Representatives and the Committee on the Judiciary and 3

the Select Committee on Intelligence of the Senate a re-4

port containing the study under subsection (a). 5

(d) FORM.—The report under subsection (c) shall be 6

submitted in unclassified form, but may include a classi-7

fied annex. 8

SEC. 205. TECHNICAL AMENDMENTS AND AMENDMENTS TO 9

IMPROVE PROCEDURES OF THE FOREIGN IN-10

TELLIGENCE SURVEILLANCE COURT OF RE-11

VIEW. 12

(a) TECHNICAL AMENDMENTS.—The Foreign Intel-13

ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 14

is amended as follows: 15

(1) In section 103(b) (50 U.S.C. 1803(b)), by 16

striking ‘‘designate as the’’ and inserting ‘‘des-17

ignated as the’’. 18

(2) In section 302(a)(1)(A)(iii) (50 U.S.C. 19

1822(a)(1)(A)(iii)), by striking ‘‘paragraphs (1) 20

through (4)’’ and inserting ‘‘subparagraphs (A) 21

through (D)’’. 22

(3) In section 406(b) (50 U.S.C. 1846(b)), by 23

striking ‘‘and to the Committees on the Judiciary of 24

the House of Representatives and the Senate’’. 25



g:\VHLC\010518\010518.098.xml (683498|12)

51

(4) In section 604(a) (50 U.S.C. 1874(a))—1

(A) in paragraph (1)(D), by striking ‘‘con-2

tents’’ and inserting ‘‘contents,’’; and 3

(B) in paragraph (3), by striking ‘‘comply 4

in the into’’ and inserting ‘‘comply into’’. 5

(5) In section 701 (50 U.S.C. 1881)—6

(A) in subsection (a), by striking ‘‘The 7

terms’’ and inserting ‘‘In this title, the terms’’; 8

and 9

(B) in subsection (b)—10

(i) by inserting ‘‘In this title:’’ after 11

the subsection heading; and 12

(ii) in paragraph (5), by striking ‘‘(50 13

U.S.C. 401a(4))’’ and inserting ‘‘(50 14

U.S.C. 3003(4))’’. 15

(6) In section 702(h)(2)(A)(i) (50 U.S.C. 16

1881a(h)(2)(A)(i)), as redesignated by section 101, 17

by inserting ‘‘targeting’’ before ‘‘procedures in 18

place’’. 19

(7) In section 801(7) (50 U.S.C. 1885(7)), by 20

striking ‘‘(50 U.S.C. 401a(4))’’ and inserting ‘‘(50 21

U.S.C. 3003(4))’’. 22

(b) COURT-RELATED AMENDMENTS.—The Foreign 23

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 24

seq.) is further amended as follows: 25



g:\VHLC\010518\010518.098.xml (683498|12)

52

(1) In section 103 (50 U.S.C. 1803)—1

(A) in subsection (b), by striking ‘‘imme-2

diately’’; and 3

(B) in subsection (h), by striking ‘‘the 4

court established under subsection (a)’’ and in-5

serting ‘‘a court established under this section’’. 6

(2) In section 105(d) (50 U.S.C. 1805(d)), by 7


‘‘(4) A denial of the application made under section 9

104 may be reviewed as provided in section 103.’’. 10


striking ‘‘immediately’’. 12



‘‘(3) A denial of the application made under this sub-15

section may be reviewed as provided in section 103.’’. 16

(5) In section 403(c) (50 U.S.C. 1843(c)), by 17


‘‘(3) A denial of the application made under sub-19

section (a)(2) may be reviewed as provided in section 20

103.’’. 21

(6) In section 501(c) (50 U.S.C. 1861(c)), by 22




g:\VHLC\010518\010518.098.xml (683498|12)

53

‘‘(4) A denial of the application made under 1

this subsection may be reviewed as provided in sec-2

tion 103.’’. 3

SEC. 206. SEVERABILITY. 4

If any provision of this Act, any amendment made 5

by this Act, or the application thereof to any person or 6

circumstances is held invalid, the validity of the remainder 7

of the Act, of any such amendments, and of the applica-8

tion of such provisions to other persons and circumstances 9

shall not be affected thereby. 10

◊



g:\VHLC\010518\010518.098.xml (683498|12)

RULES COMMITTEE PRINT 115–53 · JANUARY 05, 2018 RULES COMMITTEE PRINT 115–53 TEXT OF THE FISA...

Documents

Transcript of RULES COMMITTEE PRINT 115–53 · JANUARY 05, 2018 RULES COMMITTEE PRINT 115–53 TEXT OF THE FISA...