[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 139 Enrolled Bill (ENR)]
S.139
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``FISA Amendments
Reauthorization Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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TITLE I

-ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLECTION AND SAFEGUARDS,

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TITLE II

-EXTENSION OF AUTHORITIES, INCREASED PENALTIES, REPORTS, AND

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the Foreign Intelligence Surveillance Court of Review.

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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 Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
SAFEGUARDS, ACCOUNTABILITY, AND OVERSIGHT

ff986d87dfd24e00f690ac27c13093f0a6abf7bdd779ba9bde679e236e2888a8

(a) Querying Procedures.--
(1) In general.--Section 702 (50 U.S.C. 1881a) is amended--
(A) by redesignating subsections (f) through (l) as
subsections (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 technical 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 certain query
results in criminal investigations unrelated 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).
``(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 satisfies 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 paragraph may
be construed as--
``(i) limiting the authority of the Federal Bureau of
Investigation to conduct lawful queries of information
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 located in
electronic and data storage systems of communications of or
concerning United States persons obtained through acquisitions
authorized under subsection (a).''.
(2) Application.--Subsection (f) of section 702 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as added
by paragraph (1), shall apply with respect to certifications
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
subsection (g)'' and inserting ``with subsection (h)'';
and
(II) in subparagraph (B)--
(aa) by striking ``to subsection (i)(1)(C)''
and inserting ``to subsection (j)(1)(C)''; and
(bb) by striking ``under subsection (i)'' and
inserting ``under subsection (j)'';
(C) in subsection (d)(2), by striking ``to subsection (i)''
and inserting ``to subsection (j)'';
(D) in subsection (e)(2), by striking ``to subsection (i)''
and inserting ``to subsection (j)'';
(E) in subsection (h), as redesignated by subsection
(a)(1)--
(i) in paragraph (2)(A)(iii), by striking ``with
subsection (f)'' and inserting ``with subsection (g)'';
(ii) in paragraph (3), by striking ``with subsection
(i)(1)(C)'' and inserting ``with subsection (j)(1)(C)'';
and
(iii) in paragraph (6), by striking ``to subsection
(i)'' and inserting ``to subsection (j)'';
(F) in subsection (j), as redesignated by subsection
(a)(1)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``targeting
and minimization procedures adopted in accordance with
subsections (d) and (e)'' and inserting ``targeting,
minimization, and querying procedures adopted in
accordance with subsections (d), (e), and (f)(1)'';
(II) in subparagraph (B), by striking ``targeting
and minimization procedures adopted in accordance with
subsections (d) and (e)'' and inserting ``targeting,
minimization, and querying procedures adopted in
accordance with subsections (d), (e), and (f)(1)''; and
(III) in subparagraph (C), by striking ``targeting
and minimization procedures adopted in accordance with
subsections (d) and (e)'' and inserting ``targeting,
minimization, and querying procedures adopted in
accordance with subsections (d), (e), and (f)(1)'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by striking ``with
subsection (g)'' and inserting ``with subsection (h)'';
and
(II) by adding at the end the following:
``(D) Querying procedures.--The querying procedures adopted
in accordance with subsection (f)(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 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) 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 subparagraph
(A)--
(I) by striking ``targeting and minimization
procedures adopted in accordance with subsections (d)
and (e)'' and inserting ``targeting, minimization, and
querying procedures adopted in accordance with
subsections (d), (e), and (f)(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--
(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.--Section 404 of
the Foreign Intelligence Surveillance Act of 1978 Amendments Act of
2008 (Public Law 110-261; 50 U.S.C. 1801 note) is amended--
(A) in subsection (a)(7)(B)--
(i) by striking ``under section 702(i)(3)'' and
inserting ``under section 702(j)(3)''; and
(ii) by striking ``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 sections
702(l)'' and inserting ``and sections 702(m)''; and
(II) in subparagraph (B)(iv), by striking ``or
section 702(l)'' and inserting ``or section 702(m)''.

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-ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLECTION AND

(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;
``(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
critical 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 Investigative
Division or any successor division, an investigation of a
United States person (who is not considered a threat to
national security) based wholly or in part on an acquisition
authorized under such section;'';
(C) in paragraph (3)(A), by striking ``orders; and'' and
inserting the following: ``orders, including--
``(i) the number of targets of such orders who are
known to not be United States persons; and
``(ii) the number of targets of such orders who are
known to be United States persons; and'';
(D) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(E) by inserting after paragraph (3) the following:
``(4) the number of criminal proceedings in which the United
States or a State or political subdivision thereof provided notice
pursuant to subsection (c) or (d) of section 106 (including with
respect to information acquired from an acquisition conducted under
section 702) or subsection (d) or (e) of section 305 of the intent
of the government to enter into evidence or otherwise use or
disclose any information obtained or derived from electronic
surveillance, physical search, or an acquisition conducted pursuant
to this Act;''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``(4), or (5)'' and
inserting ``(5), or (6)'';
(B) in paragraph (2)(A)--
(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
``subsection (b)(2)(C)''.

7e3f97fc49bccdbc29a8d8a5bfb3b14bf7538214f54191271db732b110744164

(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 provided under section
103(b) of the FISA Amendments Reauthorization Act of 2017; and''.
(b) Congressional Review and Oversight of Abouts Collection.--
(1) Definitions.--In this subsection:
(A) 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 section 702(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a(a)).
(B) 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.
(2) Submission to congress.--
(A) Requirement.--Notwithstanding any other provision of
law, and except as provided in paragraph (4), if the Attorney
General and the Director of National Intelligence intend to
implement the authorization of the intentional acquisition of
abouts communications, before the first such implementation
after the date of enactment of this 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 Representatives a written notice of the intent to implement
the authorization of such an acquisition, and any supporting
materials in accordance with this subsection.
(B) Congressional review period.--During the 30-day period
beginning on the date written notice is submitted under
subparagraph (A), the Committee on the Judiciary and the Select
Committee on Intelligence of the Senate and the Committee on
the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives shall, as
appropriate, hold hearings and briefings and otherwise obtain
information in order to fully review the written notice.
(C) Limitation on action during congressional review
period.--Notwithstanding any other provision of law, and
subject to paragraph (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 submitted therewith.
(B) The decision, order, or opinion of the Foreign
Intelligence Surveillance Court approving such certification,
and any pleadings, applications, or memoranda of law associated
with such decision, order, or opinion.
(C) A summary of the protections in place to detect any
material breach.
(D) Data or other results of modeling, simulation, or
auditing of sample data demonstrating that any acquisition
method involving the intentional acquisition of abouts
communications shall be conducted in accordance with 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 statement
that no acquisition authorized under subsection (a) 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 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)) with respect
to the intentional acquisition of abouts communications, the
Attorney General and the Director of National Intelligence
shall notify the Committee on the Judiciary and the Select
Committee on Intelligence of the Senate and the Committee on
the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives as soon as
practicable, but not later than 7 days after the determination
is made.
(B) Implementation or continuation.--
(i) In general.--If the Foreign Intelligence
Surveillance Court approves a certification that authorizes
the intentional acquisition of abouts communications before
the end of the 30-day period described in paragraph (2)(B),
the Attorney General and the Director of National
Intelligence may authorize the immediate implementation or
continuation of that certification if the Attorney General
and the Director of National Intelligence jointly determine
that exigent circumstances exist such that without such
immediate implementation or continuation intelligence
important to the national security of the United States may
be lost or not timely acquired.
(ii) Notice.--The Attorney General and 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 notification 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 Representatives 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).
``(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 intelligence
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 presenting a novel or
significant interpretation of the law, unless the court determines
otherwise.

e07ac17aa8250c57800fe63fc97e643cd8c6cade4363244d338640e6bea82e7a

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 minimization
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 minimization
procedures publicly available to the greatest extent
practicable, which may be in redacted form.''.

de8175b2bda3c02f68892c4685d23ae0bd16049c44fbc0055516443f3e9a68ae

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 person 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 paragraph (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).''.

f6a265b7acd5e3855ab6be140d2dfdd5d14c4a16b2e61d3ccf60a84add43703a

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

7df6382f3d7331bd013e16d27c47fd19e7d9a7f90f67d4cb86d3b2bdf318f8f5

(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 General
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 authorization
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 authorization 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 information
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. 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.''.

1b0aaa2d0600fc08e3e24bd52143b0e423efc10af7af07609efabc3c132eb8b7

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
paragraph:
``(2) Appointment in absence of chairman.--If the position of
chairman of the Board is vacant, during the period of the vacancy,
the Board, at the direction of the unanimous vote of the serving
members of the Board, may exercise the authority of the chairman
under paragraph (1).''.
(b) Meetings.--Subsection (f) of such section (42 U.S.C. 2000ee(f))
is amended--
(1) by striking ``The Board shall'' and inserting ``The
Board'';
(2) in paragraph (1) by striking ``make its'' and inserting
``shall make its''; and
(3) in paragraph (2)--
(A) by striking ``hold public'' and inserting ``shall hold
public''; and
(B) by inserting before the period at the end the
following: ``, but may, notwithstanding section 552b of title
5, United States Code, meet or otherwise communicate in any
number to confer or deliberate in a manner that is closed to
the public''.

6e8565c14b592f750683dabe289ce2ff82818e63b6a2cb0ecc45d575f32a6de8

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''.

98f9269b189edcba9ad5e525ee2e5569b58078b066968d239902b55af1ffc43f

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 covered
intelligence community element.'';
(2) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively;
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Contractor Employees.--(1) Any employee of a contractor,
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 Community, 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 intelligence committee, or a member of a congressional
intelligence committee, which the contractor employee reasonably
believes evidences--
``(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, subcontractor,
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 personnel 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
disclosures; and
(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 paragraph (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
paragraph (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 personal
services contractor, of the Federal Bureau of Investigation.
(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 subsection,
the term `employee' includes an employee of a contractor,
subcontractor, grantee, subgrantee, or personal services
contractor, of an agency. With respect to such employees, the term
`employing agency' shall be deemed to be the contracting agency.''.

4cb2b3eb6c0af6238b5be8cc2c979e0a42f035c5a00d3d8d09fb305955d2c99e

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 surveillance, physical search, or the use of
a pen register or trap and trace device. The briefing shall focus on
how the Department interprets the phrase ``obtained or derived from''
in such sections.

fe4d5f40e7f7e19ce34dc28f51213a3e8750becf431f2cac8cbb571af4e1dd25

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 Foreign
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 Committee 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 Investigation.
(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 Investigation
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 procedures.
(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 pursuant 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
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.
OTHER MATTERS

0645a528b6470652c2701daa2ea0753433e7a9a3500e745a645b6e5101ec5e82

(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 Amendments
Reauthorization Act of 2017'' after ``section 101(a)''; and
(3) in paragraph (4)--
(A) by inserting ``and amended by the FISA Amendments
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 amendments made to
the FISA Amendments Act of 2008 (Public Law 110-261) by this section
shall take effect on December 31, 2017.

05fdcf1c9a4fbb3d04d132a57375e97c556792862516a42ad9dfe2813ffbf9cd

OF CLASSIFIED DOCUMENTS OR MATERIAL.
Section 1924(a) of title 18, United States Code, is amended by
striking ``one year'' and inserting ``five years''.

18c2c0546a83b1aecd984fbdebe125b73aebfe0f345403a1e8f501c62a5c5666

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 Intelligence of the
House of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate 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 occurring
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 appropriate,
fundamental changes, to the foreign intelligence surveillance
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 Intelligence
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.

0d48b4c5eaa56211e2d45601b2ab371836446e64dcbfe674bc43875c164c06df

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 of
classification used in such system and to reduce
overclassification.
(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 handling
of classified information and the avoidance of
overclassification.
(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 Committee on
Intelligence of the House of Representatives and the Committee on the
Judiciary and the Select Committee on Intelligence of the Senate a
report 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.

7763af6878e421013e4da984f18a7e98048e2b2dbc219e02015072cb7a97e393

OF THE FOREIGN INTELLIGENCE SURVEILLANCE 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
``designate 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 ``subparagraphs (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 Representatives 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))''.
(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
``immediately''.
(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.''.

b0652c6f95b2b6177f7ff88562920c383cb6d7d9185c620f87a230b357679c82

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

d4dedf9c8d2b254c4941780ba674e4845be562d7cd84eca04050cde63f3d37ac

FISA Amendments Reauthorization Act of 2017 — S. 139

Other Sections

TITLE I

TITLE II

TITLE I

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