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Public Law No: 115-118 (01/19/2018)

 
[115th Congress Public Law 118]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 3]]

Public Law 115-118
115th Congress

                                 An Act


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to improve 
foreign intelligence collection and the safeguards, accountability, and 
 oversight of acquisitions of foreign intelligence, to extend title VII 
   of such Act, and for other purposes. <<NOTE: Jan. 19, 2018 -  [S. 
                                 139]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: FISA Amendments 
Reauthorization Act of 2017. 50 USC 1801 note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (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:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978.

TITLE I--ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLECTION AND SAFEGUARDS, 
                      ACCOUNTABILITY, AND OVERSIGHT

Sec. 101. Querying procedures required.
Sec. 102. Use and disclosure provisions.
Sec. 103. Congressional review and oversight of abouts collection.
Sec. 104. Publication of minimization procedures under section 702.
Sec. 105. Section 705 emergency provision.
Sec. 106. Compensation of amici curiae and technical experts.
Sec. 107. Additional reporting requirements.
Sec. 108. Improvements to Privacy and Civil Liberties Oversight Board.
Sec. 109. Privacy and civil liberties officers.
Sec. 110. Whistleblower protections for contractors of the intelligence 
           community.
Sec. 111. Briefing on notification requirements.
Sec. 112. Inspector General report on queries conducted by Federal 
           Bureau of 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 surveillance.
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 SURVEILLANCE ACT OF 
                    1978.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the

[[Page 132 STAT. 4]]

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

TITLE I--ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLECTION AND SAFEGUARDS, 
                      ACCOUNTABILITY, AND OVERSIGHT

SEC. 101. QUERYING PROCEDURES REQUIRED.

    (a) Querying Procedures.--
            (1) In general.--Section 702 (50 U.S.C. 1881a) is amended--
                    (A) by redesignating subsections (f) through (l) as 
                subsections (g) through (m), respectively; and
                    (B) by inserting after subsection (e) the following 
                new subsection:

    ``(f) Queries.--
            ``(1) <<NOTE: Consultations.>>  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).

[[Page 132 STAT. 5]]

                    ``(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) <<NOTE: Courts.>>  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

[[Page 132 STAT. 6]]

                located in electronic and data storage systems of 
                communications of or concerning United States persons 
                obtained through acquisitions authorized under 
                subsection (a).''.
            (2) <<NOTE: Certifications.>>  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

[[Page 132 STAT. 7]]

                                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--

[[Page 132 STAT. 8]]

                    (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)''.
SEC. 102. USE AND DISCLOSURE PROVISIONS.

    (a) End Use Restriction.--Section 706(a) (50 U.S.C. 1881e(a)) is 
amended--
            (1) by striking ``Information acquired'' and inserting the 
        following:
            ``(1) In general.--Information acquired''; and
            (2) by adding at the end the following:
            ``(2) United states persons.--
                    ``(A) In general.--Any information concerning a 
                United States person acquired under section 702 shall 
                not be used in evidence against that United States 
                person pursuant to paragraph (1) in any criminal 
                proceeding unless--
                          ``(i) the Federal Bureau of Investigation 
                      obtained an order of the Foreign Intelligence 
                      Surveillance Court to access such information 
                      pursuant to section 702(f)(2); or
                          ``(ii) <<NOTE: Determination.>>  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;

[[Page 132 STAT. 9]]

                                            ``(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

[[Page 132 STAT. 10]]

                          ``(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)''.
SEC. 103. CONGRESSIONAL REVIEW AND OVERSIGHT OF ABOUTS COLLECTION.

    (a) In General.--Section 702(b) (50 U.S.C. 1881a(b)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following:
            ``(5) may not intentionally acquire communications that 
        contain a reference to, but are not to or from, a target of an 
        acquisition authorized under subsection (a), except as provided 
        under section 103(b) of the FISA Amendments Reauthorization Act 
        of 2017; and''.

    (b) <<NOTE: 50 USC 1881a note.>>  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) <<NOTE: Notice.>>  Requirement.--Notwithstanding 
                any other provision of law, and except as provided in 
                paragraph (4), if

[[Page 132 STAT. 11]]

                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) <<NOTE: Effective date. Hearings. Briefings.>>  
                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) <<NOTE: Determination.>>  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) <<NOTE: Records.>>  Written notice.--Written notice 
        under paragraph (2)(A) shall include the following:
                    (A) <<NOTE: Certification.>>  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)

[[Page 132 STAT. 12]]

                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) <<NOTE: Deadline.>>  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) <<NOTE: Certification. Determination.>>  
                      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) <<NOTE: Determination. Deadline.>>  
                      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).

[[Page 132 STAT. 13]]

                          ``(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.
SEC. 104. PUBLICATION OF MINIMIZATION PROCEDURES UNDER SECTION 
                        702.

    Section 702(e) (50 U.S.C. 1881a(e)) is amended by adding at the end 
the following new paragraph:
            ``(3) <<NOTE: Consultation.>>  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.''.
SEC. 105. SECTION 705 EMERGENCY PROVISION.

    Section 705 (50 U.S.C. 1881d) is amended by adding at the end the 
following:
    ``(c) Emergency Authorization.--
            ``(1) Concurrent authorization.--If the Attorney General 
        authorized the emergency employment of electronic surveillance 
        or a physical search pursuant to section 105 or 304, the 
        Attorney General may authorize, for the effective period of the 
        emergency authorization and subsequent order pursuant to section 
        105 or 304, without a separate order under section 703 or 704, 
        the targeting of a United States person subject to such 
        emergency employment for the purpose of acquiring foreign 
        intelligence information while such United States 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).''.
SEC. 106. COMPENSATION OF AMICI CURIAE AND TECHNICAL EXPERTS.

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

[[Page 132 STAT. 14]]

        (2) for assistance provided under such paragraph as the court 
        considers appropriate and at such rate as the court considers 
        appropriate.''.
SEC. 107. ADDITIONAL REPORTING REQUIREMENTS.

    (a) Electronic Surveillance.--Section 107 (50 U.S.C. 1807) is 
amended to read as follows:
``SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE.

    ``(a) Annual Report.--In April of each year, the Attorney 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 <<NOTE: Public information. Determination.>>  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.

[[Page 132 STAT. 15]]

Not later than 7 days <<NOTE: Deadline. Determination.>>  after the date 
on which the Attorney General submits such a report, the Attorney 
General shall make the report publicly available, or, if the Attorney 
General determines that the report cannot be made publicly available 
consistent with national security, the Attorney General may make 
publicly available an unclassified summary of the report or a redacted 
version of the report.''.
SEC. 108. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
                        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''.
SEC. 109. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    Section 1062(a) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee-1(a)) is amended by inserting ``, the 
Director of the National Security Agency, the Director of the Federal 
Bureau of Investigation'' after ``the Director of the Central 
Intelligence Agency''.
SEC. 110. WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE 
                        INTELLIGENCE COMMUNITY.

    (a) Prohibited Personnel Practices in the Intelligence Community.--
Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by inserting ``or a contractor 
                employee'' after ``character)''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) <<NOTE: Definition.>>  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;

[[Page 132 STAT. 16]]

            (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) <<NOTE: 5 USC 2303 note.>>  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

[[Page 132 STAT. 17]]

                    (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) <<NOTE: President.>>  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.''.
SEC. 111. <<NOTE: Deadline. Consultation.>>  BRIEFING ON 
                        NOTIFICATION REQUIREMENTS.

    Not later than 180 days after the date of the enactment of this Act, 
the Attorney General, in consultation with the Director of National 
Intelligence, shall provide to the Committee on the Judiciary and the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on the Judiciary and the Select 
Committee on Intelligence of the Senate a briefing with respect to how 
the Department of Justice interprets the requirements under sections 
106(c), 305(d), and 405(c) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1806(c), 1825(d), and 1845(c)) to notify an aggrieved 
person under such sections of the use of information obtained or derived 
from electronic 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.

[[Page 132 STAT. 18]]

SEC. 112. INSPECTOR GENERAL REPORT ON QUERIES CONDUCTED BY FEDERAL 
                        BUREAU OF INVESTIGATION.

    (a) Report.--Not later than 1 year after the date on which the 
Foreign Intelligence Surveillance Court first approves the querying 
procedures adopted pursuant to section 702(f) of the 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

[[Page 132 STAT. 19]]

                Intelligence Surveillance Court pursuant to subsection 
                (f)(2) of such section 702.

    (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form to the extent consistent with national security, but 
may include a classified annex.

 TITLE II--EXTENSION OF AUTHORITIES, INCREASED PENALTIES, REPORTS, AND 
                              OTHER MATTERS

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

    (a) Extension.--Section 403(b) of the FISA Amendments Act of 2008 
(Public Law 110-261; 122 Stat. 2474) is amended--
            (1) <<NOTE: 50 USC 1881 and note, 1881a-1881g.>>  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) <<NOTE: 50 USC 2511 note.>>  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, <<NOTE: 50 USC 1801 note.>>  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) <<NOTE: 50 USC 1881 note.>>  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.
SEC. 202. INCREASED PENALTY FOR UNAUTHORIZED REMOVAL AND RETENTION 
                        OF CLASSIFIED DOCUMENTS OR MATERIAL.

    Section 1924(a) of title 18, United States Code, is amended by 
striking ``one year'' and inserting ``five years''.
SEC. 203. REPORT ON CHALLENGES TO THE EFFECTIVENESS OF FOREIGN 
                        INTELLIGENCE SURVEILLANCE.

    (a) <<NOTE: Coordination.>>  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

[[Page 132 STAT. 20]]

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) <<NOTE: Recommenda- tions.>>  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.
SEC. 204. COMPTROLLER GENERAL STUDY ON THE CLASSIFICATION SYSTEM 
                        AND PROTECTION OF CLASSIFIED INFORMATION.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the classification system of the United States and 
the methods by which the intelligence community (as defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) protects 
classified information.
    (b) Matters Included.--The study under subsection (a) shall address 
the following:
            (1) Whether sensitive information is properly classified.
            (2) The effect of modern technology on the storage and 
        protection of classified information, including with respect 
        to--
                    (A) using cloud storage for classified information; 
                and
                    (B) any technological means to prevent or detect 
                unauthorized access to such information.
            (3) Any ways to improve the classification system of the 
        United States, including with respect to changing the levels

[[Page 132 STAT. 21]]

        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.
SEC. 205. TECHNICAL AMENDMENTS AND AMENDMENTS TO IMPROVE 
                        PROCEDURES 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))''.

[[Page 132 STAT. 22]]

    (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.''.
SEC. 206. <<NOTE: 50 USC 1801 note.>>  SEVERABILITY.

    If any provision of this Act, any amendment made by this Act, or the 
application thereof to any person or circumstances is held invalid, the 
validity of the remainder of the Act, of any such amendments, and of the 
application of such provisions to other persons and circumstances shall 
not be affected thereby.

    Approved January 19, 2018.

LEGISLATIVE HISTORY--S. 139:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    May 16, considered and passed 
                                        Senate.
                                                        Vol. 164 (2018):
                                    Jan. 11, considered and passed 
                                        House, amended. Considered in 
                                        Senate.
                                    Jan. 16-18, Senate considered and 
                                        concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
            Jan. 19, Presidential statement.

                                  <all>