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115th Congress    }                                 {    Rept. 115-475
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                 {           Part 1

======================================================================



 
              FISA AMENDMENTS REAUTHORIZATION ACT OF 2017

                                _______
                                

               December 19, 2017.--Ordered to be printed

                                _______
                                

    Mr. Nunes, from the Permanent Select Committee on Intelligence, 
                        submitted the following

                              R E P O R T

                             together with

                     MINORITY AND ADDITIONAL VIEWS

                        [To accompany H.R. 4478]

    The Permanent Select Committee on Intelligence, to whom was 
referred the bill (H.R. 4478) 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, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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

Sec. 101. Section 705 emergency provision.
Sec. 102. Modification to definitions of foreign power and agent of a 
foreign power.

          TITLE II--SAFEGUARDS, ACCOUNTABILITY, AND OVERSIGHT

Sec. 201. Querying procedures required.
Sec. 202. Use and disclosure provisions.
Sec. 203. Congressional review and oversight of abouts collection.
Sec. 204. Publication of minimization procedures under section 702.
Sec. 205. Compensation of amici curiae and technical experts.
Sec. 206. Additional reporting requirements.
Sec. 207. Procedures regarding dissemination of nonpublicly available 
information concerning United States persons.
Sec. 208. Improvements to Privacy and Civil Liberties Oversight Board.
Sec. 209. Privacy and civil liberties officers.
Sec. 210. Whistleblower protections for contractors of the intelligence 
community.
Sec. 211. Briefing on notification requirements.

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

Sec. 301. Extension of title VII of FISA; effective dates.
Sec. 302. Increased penalty for unauthorized removal and retention of 
classified documents or material.
Sec. 303. Report on challenges to the effectiveness of foreign 
intelligence surveillance.
Sec. 304. Comptroller General study on the classification system and 
protection of classified information.
Sec. 305. Technical amendments and amendments to improve procedures of 
the Foreign Intelligence Surveillance Court of Review.
Sec. 306. 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 Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

        TITLE I--ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLECTION

SEC. 101. 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 304 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. 102. MODIFICATION TO DEFINITIONS OF FOREIGN POWER AND AGENT OF A 
                    FOREIGN POWER.

  (a) Foreign Power.--Subsection (a) of section 101 (50 U.S.C. 1801) is 
amended--
          (1) in paragraph (6), by striking ``; or'' and inserting a 
        semicolon;
          (2) in paragraph (7), by striking the period at the end and 
        inserting ``; or''; and
          (3) by adding at the end the following new paragraph:
                  ``(8) an entity not substantially composed of United 
                States persons that is engaged in international 
                malicious cyber activity, or activities in preparation 
                therefor, that threatens the national defense or 
                security of the United States.''.
  (b) Agent of a Foreign Power.--Subsection (b)(1) of such section (50 
U.S.C. 1801) is amended--
          (1) in subparagraph (D), by striking ``; or'' and inserting a 
        semicolon; and
          (2) by adding at the end the following new subparagraph:
                  ``(F) engages in international malicious cyber 
                activity that threatens the national defense or 
                security of the United States, or activities in 
                preparation therefor, for or on behalf of a foreign 
                power, or knowingly aids or abets any person in the 
                conduct of such international malicious cyber activity 
                or activities in preparation therefor, or knowingly 
                conspires with any person to engage in such 
                international malicious cyber activity or activities in 
                preparation therefor; or''.
  (c) International Malicious Cyber Activity Defined.--Such section (50 
U.S.C. 1801) is further amended by adding at the end the following new 
subsection:
          ``(q)(1) The term `international malicious cyber activity' 
        means activity on or through an information system--
                  ``(A) originating from, or directed by, persons 
                located, in whole or in substantial part, outside the 
                United States;
                  ``(B) that seeks to compromise or impair the 
                confidentiality, integrity, or availability of 
                computers, information systems or communications 
                systems, networks, physical or virtual infrastructure 
                controlled by computers or information systems, or 
                information resident thereon; and
                  ``(C) that is not authorized by the United States 
                Government or otherwise carried out in accordance with 
                Federal law.
          ``(2) In paragraph (1), the term `information system' has the 
        meaning given that term in section 102 of the Cybersecurity 
        Information Sharing Act of 2015 (6 U.S.C. 1501), and includes 
        national security systems (as defined in section 11103 of title 
        40, United States Code).''.

          TITLE II--SAFEGUARDS, ACCOUNTABILITY, AND OVERSIGHT

SEC. 201. 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) 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) Court orders for access of contents from certain 
        queries.--
                  ``(A) Discretion for fbi to apply for court order.--
                Before the Federal Bureau of Investigation accesses the 
                contents of communications acquired under subsection 
                (a) that were retrieved using a United States person 
                query term that was not designed to find and extract 
                foreign intelligence information, the Bureau may apply 
                for an order of the Court under subparagraph (C).
                  ``(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 access 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) Rule of construction.--Nothing in this 
                paragraph may be construed to prohibit the Federal 
                Bureau of Investigation from querying information 
                acquired under subsection (a), or accessing the results 
                of such a query, regardless of whether the Bureau 
                applies for or receives an order under this paragraph.
          ``(3) Query defined.--In this subsection, the term `query' 
        means the use of one or more terms to retrieve the unminimized 
        contents (as defined in section 2510(8) of title 18, United 
        States Code) 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)''.

SEC. 202. USE AND DISCLOSURE PROVISIONS.

  (a) End Use Restriction.--Section 706(a) (50 U.S.C. 1881e(a)) is 
amended--
          (1) by striking ``Information acquired'' and inserting the 
        following:
          ``(1) In general.--Information acquired''; and
          (2) by adding at the end the following:
          ``(2) United states persons.--
                  ``(A) In general.--Any information concerning a 
                United States person acquired under section 702 shall 
                not be used in evidence against that United States 
                person pursuant to paragraph (1) in any criminal 
                proceeding unless--
                          ``(i) the Federal Bureau of Investigation 
                        obtained an order of the Foreign Intelligence 
                        Surveillance Court to access such information 
                        pursuant to section 702(f)(2); or
                          ``(ii) the Attorney General determines that--
                                  ``(I) the criminal proceeding 
                                affects, involves, or is related to the 
                                national security of the United States; 
                                or
                                  ``(II) the criminal proceeding 
                                involves--
                                          ``(aa) death;
                                          ``(bb) kidnapping;
                                          ``(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) by redesignating subparagraphs (A) and 
                        (B) as subparagraphs (B) and (C), respectively;
                          (ii) by inserting before subparagraph (B), as 
                        so redesignated, the following:
                  ``(A) the number of targets of such orders;'';
                          (iii) in subparagraph (B), as so 
                        redesignated, by striking ``and'' at the end; 
                        and
                          (iv) by adding at the end the following:
                  ``(D) the number of instances in which the Federal 
                Bureau of Investigation has received and reviewed the 
                unminimized contents of electronic communications or 
                wire communications concerning a United States person 
                obtained through acquisitions authorized under such 
                section in response to a search term that was not 
                designed to find and extract foreign intelligence 
                information; and
                  ``(E) the number of instances in which the Federal 
                Bureau of Investigation opened, under the Criminal 
                Investigative Division or any successor division, an 
                investigation of a United States person (who is not 
                considered a threat to national security) based wholly 
                or in part on an acquisition authorized under such 
                section;'';
                  (C) in paragraph (3)(A), by striking ``orders; and'' 
                and inserting the following: ``orders, including--
                          ``(i) the number of targets of such orders 
                        who are known to not be United States persons; 
                        and
                          ``(ii) the number of targets of such orders 
                        who are known to be United States persons; 
                        and'';
                  (D) by redesignating paragraphs (4), (5), and (6) as 
                paragraphs (5), (6), and (7), respectively; and
                  (E) by inserting after paragraph (3) the following:
          ``(4) the number of criminal proceedings in which the United 
        States or a State or political subdivision thereof provided 
        notice pursuant to subsection (c) or (d) of section 106 
        (including with respect to information acquired from an 
        acquisition conducted under section 702) or subsection (d) or 
        (e) of section 305 of the intent of the government to enter 
        into evidence or otherwise use or disclose any information 
        obtained or derived from electronic surveillance, physical 
        search, or an acquisition conducted pursuant to this Act;''; 
        and
          (2) in subsection (d)--
                  (A) in paragraph (1), by striking ``(4), or (5)'' and 
                inserting ``(5), or (6)'';
                  (B) in paragraph (2)(A), by striking ``(2)(A), 
                (2)(B), and (5)(C)'' and inserting ``(2)(B), (2)(C), 
                and (6)(C)''; and
                  (C) in paragraph (3)(A), in the matter preceding 
                clause (i), by striking ``subsection (b)(2)(B)'' and 
                inserting ``subsection (b)(2)(C)''.

SEC. 203. 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 facility, 
        place, premises, or property at which an acquisition authorized 
        under subsection (a) is directed or conducted, except as 
        provided under section 203(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 reference to, but is not to 
                or from, a facility, a place, premises, or property at 
                which an acquisition authorized under section 702(a) of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1881a(a)) is directed or conducted.
                  (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 
                        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 201, 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 reference to, but 
                        is not to or from, a facility, a place, 
                        premises, or property at which an acquisition 
                        authorized under subsection (a) is directed or 
                        conducted.
                          ``(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(g) of 
        such Act (50 U.S.C. 1881a(g)) 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. 204. 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) 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. 205. 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 (2) for 
        assistance provided under such paragraph as the court considers 
        appropriate and at such rate as the court considers 
        appropriate.''.

SEC. 206. 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 persons who were subject to 
        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.''.

SEC. 207. PROCEDURES REGARDING DISSEMINATION OF NONPUBLICLY AVAILABLE 
                    INFORMATION CONCERNING UNITED STATES PERSONS.

  (a) Procedures.--
          (1) In general.--Title V of the National Security Act of 1947 
        (50 U.S.C. 3091 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 512. PROCEDURES REGARDING DISSEMINATION OF NONPUBLICLY AVAILABLE 
                    INFORMATION CONCERNING UNITED STATES PERSONS.

  ``(a) Procedures.--The head of each element of the intelligence 
community, in consultation with the Director of National Intelligence, 
shall develop and maintain procedures for that element to respond to 
covered requests.
  ``(b) Requirements.--The procedures under subsection (a) shall 
ensure, at a minimum, the following:
          ``(1) The originating element documents in writing each 
        covered request received by the element, including--
                  ``(A) the name or title of the individual of the 
                requesting element who is making the request;
                  ``(B) the name or title of each individual who will 
                receive the United States person identity information 
                sought by the covered request; and
                  ``(C) a fact-based justification describing why such 
                United States person identity information is required 
                by each individual described in subparagraph (B) to 
                carry out the duties of the individual.
          ``(2) A covered request may only be approved by the head of 
        the originating element or by officers or employees of such 
        element to whom the head has specifically delegated such 
        authority.
          ``(3) The originating element retains records on covered 
        requests, including the disposition of such requests, for not 
        less than 5 years.
          ``(4) The records described in paragraph (3) include, with 
        respect to approved covered requests, the name or title of the 
        individual of the originating element who approved such 
        request.
          ``(5) The procedures include an exception that--
                  ``(A) allows for the immediate disclosure of United 
                States person identity information in the event of 
                exigent circumstances or where a delay could result in 
                the loss of intelligence; and
                  ``(B) requires that promptly after such disclosure 
                the requesting element makes a covered request with 
                respect to such information.
          ``(6) If a covered request is made during a period beginning 
        on the date of a general election for President and ending on 
        the date on which such President is inaugurated--
                  ``(A) the documentation under paragraph (1) includes 
                whether--
                          ``(i) the individual of a requesting element 
                        who is making the request knows or believes 
                        that any United States person identity sought 
                        by the request is of an individual who is a 
                        member of the transition team of the President-
                        elect and Vice-President-elect; or
                          ``(ii) based on the intelligence community 
                        report to which the request pertains, the 
                        originating element knows or reasonably 
                        believes that any United States person identity 
                        sought by the request is of an individual who 
                        is a member of the transition team of the 
                        President-elect and Vice-President-elect;
                  ``(B) the approval made pursuant to paragraph (2) of 
                a covered request that contains a United States person 
                identity described in subparagraph (A) is subject to 
                the concurrence of the general counsel of the 
                originating element (or, in the absence of the general 
                counsel, the first assistant general counsel) that the 
                dissemination of such identity information is in 
                accordance with the procedures under subsection (a); 
                and
                  ``(C) consistent with due regard for the protection 
                from unauthorized disclosure of classified information 
                relating to sensitive intelligence sources and methods 
                or other exceptionally sensitive matters, the head of 
                the originating element notifies the chairmen and 
                ranking minority members of the congressional 
                intelligence committees of any approval described in 
                subparagraph (B) by not later than 14 days after the 
                date of such approval.
  ``(c) Annual Reports.--Not later than April 30 of each year, the head 
of each element of the intelligence community shall submit to the 
congressional intelligence committees a report documenting, with 
respect to the year covered by the report--
          ``(1) the total number of covered requests received by that 
        element;
          ``(2) of such total number, the number of requests approved;
          ``(3) of such total number, the number of requests denied; 
        and
          ``(4) for each number calculated under paragraphs (1) through 
        (3), the number listed by each requesting element.
  ``(d) Certain Procedures Regarding Congressional Identity 
Information.--
          ``(1) Requirements.--With respect to the dissemination of 
        congressional identity information, the head of each element of 
        the intelligence community shall carry out this section in 
        accordance with annex A of Intelligence Community Directive 
        112, or successor annex or directive.
          ``(2) Notification.--The Director of National Intelligence 
        may not modify or supersede annex A of Intelligence Community 
        Directive 112, or successor annex or directive, unless--
                  ``(A) the Director notifies the congressional 
                intelligence committees of the proposed modifications 
                or new annex or directive; and
                  ``(B) a period of 30 days elapses following such 
                notification.
  ``(e) Effect on Minimization Procedures.--The requirements of this 
section are in addition to any minimization procedures established 
pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), Executive Order No. 12333 (50 U.S.C. 3001 note), 
or successor order, or other relevant provision of law or executive 
order.
  ``(f) Definitions.--In this section:
          ``(1) The term `covered request' means a request by a 
        requesting element to an originating element for nonpublic 
        identifying information with respect to a known unconsenting 
        United States person that was omitted from an intelligence 
        community report disseminated by the originating element.
          ``(2) The term `originating element' means an element of the 
        intelligence community that disseminates an intelligence 
        community report that contains a reference to a known 
        unconsenting United States person but omits nonpublic 
        identifying information with respect to such person.
          ``(3) The term `requesting element' means an element of the 
        United States Government that receives an intelligence 
        community report from an originating element and makes a 
        covered request with respect to such report.
          ``(4) The term `United States person' has the meaning given 
        the term in section 101 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801).''.
          (2) Clerical amendment.--The table of contents in the first 
        section of the National Security Act of 1947 is amended by 
        inserting after the item relating to section 511 the following 
        new item:

``Sec. 512. Procedures regarding dissemination of nonpublicly available 
information concerning United States persons.''.

  (b) Development of Procedures.--The head of each element of the 
intelligence community shall develop the procedures required by section 
512(a) of the National Security Act of 1947, as added by subsection 
(a)(1), by not later than 90 days after the date of the enactment of 
this Act.
  (c) Report.--Not later than December 31, 2018, the Director of 
National Intelligence shall submit to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate a report assessing the compliance with 
the procedures required by section 512(a) of the National Security Act 
of 1947, as added by subsection (a)(1).

SEC. 208. 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. 209. 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. 210. WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE INTELLIGENCE 
                    COMMUNITY.

  (a) Prohibited Personnel Practices in the Intelligence Community.--
Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is 
amended--
          (1) in subsection (a)--
                  (A) in paragraph (3), by inserting ``or a contractor 
                employee'' after ``character)''; and
                  (B) by adding at the end the following new paragraph:
          ``(4) Contractor employee.--The term `contractor employee' 
        means an employee of a contractor, subcontractor, grantee, 
        subgrantee, or personal services contractor, of a 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 Bureau, 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 Bureau 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.''.

SEC. 211. 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.

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

SEC. 301. EXTENSION OF TITLE VII OF FISA; EFFECTIVE DATES.

  (a) Extension.--Section 403(b) of the FISA Amendments Act of 2008 
(Public Law 110-261; 122 Stat. 2474) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``December 31, 2017'' and inserting 
                ``December 31, 2021''; 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, 2021''.
  (b) Conforming Amendments.--Section 404(b) of the FISA Amendments Act 
of 2008 (Public Law 110-261; 122 Stat. 2476), as amended by section 
201, is further amended--
          (1) in paragraph (1)--
                  (A) in the heading, by striking ``december 31, 2017'' 
                and inserting ``december 31, 2021''; 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 the earlier of the date of the enactment of this Act or 
December 31, 2017.

SEC. 302. 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. 303. REPORT ON CHALLENGES TO THE EFFECTIVENESS OF FOREIGN 
                    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 
        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. 304. 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 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. 305. 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 201, 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.''.

SEC. 306. 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.

                                Purposes

    The purposes of H.R. 4478 are to reauthorize title VII of 
the Foreign Intelligence Surveillance Act (FISA) for four 
years, to enhance surveillance authorities, and to provide 
additional transparency and reporting requirements and privacy 
safeguards. Title VII of FISA is imperative to the national 
security of the United States, assists the armed forces of the 
United States, and supports the President in the execution of 
the foreign policy of the United States, particularly as it 
relates to counterterrorism matters.

                       Scope of Committee Review

    The bill reauthorizes title VII of FISA, which includes 
FISA Section 702. FISA Section 702 provides a framework for the 
Government to target non-U.S. people located overseas to obtain 
foreign intelligence information, with the assistance of 
electronic communication service providers. The bill also makes 
critical amendments to other provisions of FISA, increases the 
effectiveness of the Privacy and Civil Liberties Oversight 
Board, amends the National Security Act of 1947 to add new 
procedures related to the dissemination of U.S. person 
identities that were previously redacted in intelligence 
community reporting, enhances penalties for the unauthorized 
removal of classified information, codifies privacy and civil 
liberties officers at specified Intelligence Community 
elements, and enhances whistleblower protections for 
contractors. The Committee has legislative and oversight 
jurisdiction over activities conducted pursuant to title VII of 
FISA.

                     Committee Statement and Views

    In the thirty years following FISA's enactment, in 1978, 
changes in communications technology came to strain, and in 
some cases even to thwart, some U.S. surveillance activities 
directed at foreigners overseas. Because foreign terrorists' 
communications were sometimes conveyed by electronic 
communication service providers located in the United States, 
the Government was forced to obtain individual, probable cause-
based orders to conduct electronic surveillance against them--
despite the U.S. Supreme Court's view that the Fourth Amendment 
does not protect foreign persons, overseas, from U.S. searches 
or seizures. The FISA Amendments Acts (``FAA'') of 2008 updated 
FISA to address these issues.
    The FAA of 2008 added title VII to FISA, which includes, 
among other things, FISA Section 702. Section 702 grants the 
Government the authority to target foreigners reasonably 
believed to be located outside the United States, with the 
directed assistance of electronic communication service 
providers, to obtain foreign intelligence information. Section 
702 is a critical national security tool that provides 
invaluable assistance to the United States and its allies 
regarding counterterrorism efforts worldwide. H.R. 4478 not 
only reauthorizes title VII of FISA for four years, but also 
makes critical improvements to privacy and civil liberties 
while resulting in no negative operational impact to United 
States' surveillance authorities. The Committee believes that 
H.R. 4478 strikes the appropriate balance between privacy and 
national security.

Section 705 emergency provision

    FISA Section 705(b) permits the government to obtain the 
Attorney General's approval, rather than seeking a separate 
FISA Court (FISC) order under FISA Sections 703 or 704, to 
conduct certain types of collection overseas against a United 
States person located outside the United States who is already 
subject to a FISC order under Title I or Title III of FISA. 
Under the current statutory framework, there is no comparable 
concurrent authority in emergency situations. As a result, in 
emergency situations where the government wants to target a 
United States person located outside the United States under 
Titles I or III and Sections 703 or 704 of FISA, the Government 
must obtain two emergency authorization from the Attorney 
General, and then file two court applications with the FISC 
within seven days of the Attorney General granting the 
emergency authorizations.
    Revising Section 705 to include an emergency provision will 
remove unnecessary resource costs and provide a more 
streamlined process in emergency situations, which is both 
consistent with the design and purpose of Section 705, as 
originally crafted in 2008.

Modification to definitions of foreign power and agent of a foreign 
        power

    Over the past several years, the number of cyber-related 
incidents impacting the United States has grown exponentially. 
With respect to activities under FISA, one obstacle to 
addressing that problem is that, unless the government can 
attribute malicious cyber activities to a foreign power, as 
currently defined in FISA, the government also cannot obtain a 
probable cause order to conduct electronic surveillance on the 
particular malicious cyber actor. Therefore, H.R. 4478 modifies 
FISA's definitions of ``foreign power'' and ``agent of a 
foreign power'' in order to make clear that certain non-state 
actors engaged in international malicious cyber activity, or 
activities in preparation therefor, that threaten the national 
defense or security of the United States, may be subject to a 
probable cause order for electronic surveillance under FISA.
    It is not possible to anticipate all technologies and its 
potential uses, whether beneficial or malicious. The Committee 
wishes to note, therefore, its intention that the amended 
definitions be interpreted as broadly as possible, consistent 
with the U.S. Constitution, in order to enable collection 
targeting individuals and entities that use cyber tools and 
systems with the intention or actual effect of harming the 
national defense or security of the United States.

Querying procedures required

    The Committee understands that certain lawmakers and 
privacy advocates worry about the ability of the Intelligence 
Community to query lawfully acquired data using query terms 
belonging to United States persons. This concern has been 
addressed, as the FISC and other federal courts have found that 
the incidental collection of non-target communications during 
authorized surveillance is lawful and consistent with the 
Fourth Amendment to the U.S. Constitution. Additionally, the 
courts have also determined the act of querying lawfully 
acquired FISA Section 702 data is lawful and permitted under 
the Fourth Amendment.
    The Committee is dedicated to providing assurances to the 
American public that the procedures and processes currently in 
place satisfy the Fourth Amendment, and do not impede on United 
States person privacy. Therefore, the Committee believes that 
the Intelligence Community should have separate procedures 
documenting their current policies and practices related to the 
querying of lawfully acquired FISA Section 702 data. Such 
procedures must be reviewed annually by the FISC.
    This section requires that the Attorney General, in 
consultation with the Director of National Intelligence, adopt 
procedures that govern United States person queries of 
unminimized FISA Section 702 collection by any Intelligence 
Community element with access to such information. Although 
Section 201 of this bill requires the adoption of querying 
procedures, query refers only to retrievals ``of or concerning 
United States persons,'' and therefore, the new querying 
procedures requirement does not apply to queries that are not 
specifically intended to return communications ``of or 
concerning United States persons.''
    Regarding whether a query retrieval is ``of or concerning 
United States persons,'' this section is not intended to and 
does not require that Intelligence Community personnel 
investigate or determine whether every query term pertains to a 
United States person before or after conducting a query. 
Congress understands that, for many queries, personnel will 
have no reason to think the query will or will not bring back 
information ``of or concerning United States persons'' and in 
those instances does not intend for the procedures to apply.
    The Attorney General has the discretion to adopt either a 
single set of procedures, which would be applicable to all 
Intelligence Community elements that receive unminimized FISA 
Section 702 collection, or discrete sets of procedures for each 
such element that are designed to account for the differing 
missions of those elements. Regardless of the approach taken by 
the Attorney General, any procedures ultimately adopted must be 
submitted to the FISC for judicial review to ensure that such 
procedures are consistent with the requirements of the Fourth 
Amendment to the U.S. Constitution.
    Section 201 further mandates that all querying procedures 
include a provision requiring that a record is kept for each 
United States person query term used for a query of FISA 
Section 702 data. With respect to the retention of such 
records, Congress intends that the privacy interests of United 
States persons be protected by requiring the Government to 
apply a reasonable retention period consistent with each 
agency's mission and the desire to ensure such records are 
retained for appropriate oversight purposes. This section is 
not intended to, and does not impose a requirement that an 
Intelligence Community element maintain records of United 
States person query terms in any particular manner, so long as 
appropriate records are retained and thus available for 
subsequent oversight. This section ensures that the manner in 
which the element retains records of United States person query 
terms is within the discretion of the Attorney General, in 
consultation with the Director of National Intelligence and 
subject to the approval of the FISC.

Restrictions on the Use of Incidentally Collected U.S. Person 
        Information in Criminal Matters

    Section 201 provides the Federal Bureau of Investigation 
(FBI) with discretion to apply for an order from the FISC prior 
to initially accessing the contents of communications that were 
retrieved using a United States person query term that was not 
designed by FBI, in whole or in part, to find and extract 
foreign intelligence information. Section 201 does not require 
that the FBI obtain an order before either conducting a query, 
or accessing the results of that query. Accordingly, the 
section does not interfere with the FBI's ability to find, 
identify, and act upon information within the Section 702 
collection concerning threats to national security.
    At the same time, together with Section 202, Section 201 
furnishes an incentive for FBI criminal investigators to seek 
court approval, should they seek to review U.S. person 
communications obtained pursuant to Section 702 for the 
specific purpose of finding evidence of, and later prosecuting, 
the commission by U.S. persons of ``garden variety'' crimes 
like bank robbery or tax fraud. The Committee does not believe 
that the FBI currently uses Section 702 in this fashion, or 
intends to. Nevertheless, during debate over Section 702's 
reauthorization, the concern was raised that FBI might do so at 
some stage in the future.
    To address that concern, Sections 201 and 202 employ an 
exclusionary rule, in criminal prosecutions of U.S. persons. As 
noted above, before FBI initially accesses the contents of 
communications retrieved using a query subject to Section 201, 
the FBI must decide whether to seek a court order authorizing 
such access. Should the FBI opt not to apply for an order, or 
if the FISC denies such an application, prosecutors thereafter 
will be precluded from using the query results in evidence 
against the United States person in any criminal proceeding, 
subject to exceptions set out in the statute.
    Specifically: Absent a court order, information concerning 
a U.S. person acquired under Section 702 may be introduced into 
evidence against the U.S. person in question, only if the 
Attorney General has determined that the criminal proceeding 
affects, involves, or is related to U.S. national security; or 
involves extremely serious conduct or offenses outside the 
national security context.
    Sections 201 and 202 do not reflect the Committee's 
disagreement with past court opinions, or a view that lawfully 
collected FISA Section 702 data should be subject to a 
different Fourth Amendment analysis than other lawfully 
collected data. Instead, language in Section 201 and 202 
regarding court orders and criminal prosecutions is intended to 
provide a safeguard against the potential use of U.S. person 
information incidentally collected pursuant to Section 702, for 
inappropriate criminal purposes.

Congressional review and oversight of abouts collection

    Under FISA Section 702, the National Security Agency (NSA) 
has the ability to collect internet communications in its so-
called ``upstream'' collection (i.e. collection with the 
assistance of providers that control the telecommunications 
backbone). Because of the way communications are packaged and 
traverse the telecommunications backbone, the NSA was not only 
able to retrieve the communications ``to'' or ``from'' a FISA 
Section 702 target, but also ``about'' a FISA Section 702 
target, subject to procedures annually approved by the FISC. 
This Committee does not believe that ``abouts'' collection is 
outside the scope of FISA Section 702. However, due to a 
compliance incident of a technical nature that was reported to 
the FISC last year, the NSA proactively and temporarily halted 
its ``abouts'' communication collection in order to make 
necessary technical changes. The NSA has kept Congress fully 
and currently informed of this issue.
    Section 203 adds a new limitation concerning ``abouts'' 
collection. Specifically, Section 203 prohibits the intentional 
acquisition of ``abouts'' communications unless Congress is 
provided with notice of, and an opportunity to review such 
collection before it begins. The Committee understands that the 
targeting procedures currently used by the NSA to conduct 
acquisitions pursuant to FISA Section 702 prohibit the 
acquisition of communications that are not ``to'' or ``from'' a 
FISA Section 702 target. The new limitation established by 
Section 203 is intended to codify only current procedures and 
is not intended to affect acquisitions currently being 
conducted under FISA Section 702.

Compensation of amici curiae and technical experts

    Section 205 of H.R. 4478 authorizes the FISC to compensate 
court-appointed amici curiae and technical experts, in the same 
fashion and to the same extent as other federal courts. The 
authority is important, given the increasingly complicated 
technological issues which the FISC regularly confronts.
    The authority to appoint amici--including for the purpose 
of ``providing technical expertise'' to the FISC--is forth at 
50 U.S.C. 1803(i)(2). Appointed amici may be required, 
moreover, to furnish to the FISC ``information related to 
intelligence collection or communications technology.'' Id. at 
1803(i)(4)(B).
    The Committee fully expects and encourages the appointment 
and compensation of technical experts, in order to ensure that 
in relevant cases, the FISC has the fullest possible 
understanding of complex technical matters.

              Committee Consideration and Roll Call Votes

    On December 1, 2017, the committee met in open session and 
ordered the bill H.R. 4478 favorably reported.
    In open session, the committee considered the text of the 
bill H.R. 4478. Chairman Nunes offered an Amendment in the 
Nature of a Substitute (ANS), making technical edits to H.R. 
4478, as well as adding three new sections of the bill: 
increased whistleblower protections for IC contractors, a 
briefing on the Government's interpretation and implement of 
``derived from'' in the FISA context, and a report on any 
future implementation challenges associated with FISA 
collection. Chairman Nunes' ANS passed by a voice vote.
    Ranking Member Schiff offered an amendment to the ANS which 
would seek to strike Section 207 of the bill related to 
procedures associated with the dissemination of U.S. person 
information in disseminated intelligence community reporting. 
The amendment was voted down by voice vote.
    Chairman Nunes then moved for final consideration of H.R. 
4478, as amended. The motion was agreed to by a record vote of 
13 ayes and 8 noes:
          Voting aye: Chairman Nunes, Mr. Conaway, Mr. King, 
        Mr. LoBiondo, Ms. Ros-Lehtinen, Mr. Rooney, Mr. Turner, 
        Mr. Wenstrup, Mr. Stewart, Mr. Crawford, Mr. Gowdy, Ms. 
        Stefanik, and Mr. Hurd.
          Vote no: Ranking Member Schiff, Mr. Himes, Ms. 
        Sewell, Mr. Carson, Ms. Speier, Mr. Swalwell, Mr. 
        Castro, and Mr. Heck.
    The Committee then agreed to a motion by the Chairman to 
favorably report the bill H.R. 4478 to the House, as amended. 
The motion was agreed to by a voice vote.

        Section-by-Section Analysis and Explanation of Amendment


Section 1--Short title; table of contents

    Section 1 lists the short title and table of contents of 
the FISA Amendments Reauthorization Act of 2017 (the Act).

Section 2--Amendments to the Foreign Intelligence Surveillance Act of 
        1978

    Section 2 provides clarity that any amendment or repeal 
shall be considered to be made to a section or other provision 
of the Foreign Intelligence Surveillance Act of 1978 (FISA), 
unless otherwise specified.

        TITLE I--ENHANCEMENTS TO FOREIGN INTELLIGENCE COLLECTION


Section 101--Section 705 emergency fix

    Section 101 adds an emergency authorization provision to 
FISA Section 705, which governs joint applications and 
concurrent authorizations.

Section 102--Modification to definitions of foreign power and agent of 
        a foreign power

    Section 102 amends the FISA definitions of ``foreign 
power'' and ``agent of a foreign power'' to account for foreign 
entities engaged in international malicious cyber activity that 
threatens the national defense or security of the United 
States.

          TITLE II--SAFEGUARDS, ACCOUNTABILITY, AND OVERSIGHT


Section 201--Querying procedures required

    Section 201 requires that the Intelligence Community 
develop separate procedures related to the querying of lawfully 
acquired FISA Section 702 information. These procedures will be 
reviewed by the Foreign Intelligence Surveillance Court (FISC) 
every year.
    Furthermore, Section 201 institutes an optional order 
requirement, which states that the FBI may obtain an order to 
initially view the content of FISA Section 702 communications 
that were responsive to U.S. person queries that were not 
designed to return foreign intelligence information. As 
provided in Section 202 of the Act, if the FBI decides to 
obtain an order to initially view the content, they may use the 
communication in a criminal case. If the FBI decides to forego 
an order, the responsive FISA Section 702 communication may 
only be used in prosecutions pursuant to the ``use'' 
restrictions identified in Section 202 of the Act.

Section 202--Use and disclosure provisions

    Section 202 sets restrictions on the Government's use of 
FISA Section 702 communications of a U.S. person as evidence 
against that U.S. person in any criminal proceeding unless the 
FBI obtains an order as described in Section 201 of the Act, or 
the Attorney General authorizes such use in a criminal 
proceeding that falls into one of the serious crimes designated 
in the section. The section also provides for increased 
transparency by adding new reporting requirements related to 
various FISA provisions.

Section 203--Congressional review and oversight of abouts collection

    Section 203 limits the collection of communications that 
contain a reference to, but are not to or from (i.e. ``abouts'' 
collection), a FISA Section 702 foreign intelligence 
surveillance target. The section provides that the Government 
may initiate this collection only after obtaining approval from 
the FISC and submitting all supporting documents to the 
congressional intelligence and judiciary committees for review 
no less than 30 days prior to recommencing this type of 
collection. This section also requires additional incident 
compliance notification related to ``abouts'' collection.
    Section 203 also presumes the appointment of amici curiae 
during the FISC's review of the first FISA Section 702 
certification that reconstitutes collection of communications 
that contain a reference to, but are not to or from, a FISA 
Section 702 foreign intelligence surveillance target.

Section 204--Publication of minimization procedures under Section 702

    Section 204 requires that the Director of National 
Intelligence and the Attorney General conduct a 
declassification review and publicly release the FISA Section 
702 minimization procedures every year.

Section 205--Compensation of amici curiae and technical experts

    Section 205 grants the FISC the authority to compensate any 
appointed amicus curiae.

Section 206--Additional reporting requirements

    Section 206 requires additional reporting requirements 
related to how the Intelligence Community (IC) utilizes other 
sections of FISA.

Section 207--Procedures regarding dissemination of nonpublicly 
        available information concerning United States persons

    Section 207 adds a new section to the National Security Act 
of 1947 that requires certain procedures governing the handling 
of requests for nonpublicly available U.S. person identities 
that were originally redacted in intelligence community 
reporting. These procedures must include, but are not limited 
to, the requirement that an individual requesting a U.S. person 
identity include a fact-based, individualized justification as 
to why that individual needs the U.S. person identity, new 
congressional reporting requirements, and an elevated review 
for U.S. person identity requests that pertain to members of 
the president or vice-president's transition teams during times 
of presidential transition.

Section 208--Improvements to Privacy and Civil Liberties Oversight 
        Board

    Section 208 reforms the Privacy and Civil Liberties 
Oversight Board (the Board) such that the Board no longer falls 
under the requirement for open meetings pursuant to Section 
552b(a)(1) of title 5, United States Code. Section 208 also 
amends the Intelligence Reform and Terrorism Prevention Act of 
2004 such that the Board now has the ability to exercise the 
authority of the Chairman of the Board if such position is 
vacant or a quorum is absent, so long as such authority is 
exercised by a unanimous vote of the serving members of the 
Board.

Section 209--Privacy and civil liberties officers

    Section 209 codifies the requirement that certain elements 
of the Intelligence Community maintain privacy and civil 
liberties officers.

Section 210--Whistleblower protections for contractors of the 
        intelligence community

    Section 210 increases whistleblower protections for IC 
contractors by providing protection from reprisals made in 
response to IC contractors exercising their right to report 
fraud, waste, or abuse.

Section 211--Briefing on notification requirements

    Section 211 requires the Attorney General and Director of 
National Intelligence to brief the congressional intelligence 
and judiciary committees on their interpretation of the 
``derived from'' standard in FISA, as well as how the 
Government interprets certain notification requirements in FISA 
related to aggrieved persons.

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


Section 301--Extension of title VII of FISA; effective dates

    Section 301 reauthorizes title VII of FISA, which includes 
FISA Section 702, for four years.

Section 302--Increased penalty for unauthorized removal and retention 
        of classified documents or material

    Section 302 increases the penalties for the unauthorized 
removal and retention of classified documents or material from 
one year to five years.

Section 303--Report on challenges to the effectiveness of foreign 
        intelligence surveillance

    Section 303 requires the Attorney General and Director of 
National Intelligence to submit to the congressional 
intelligence and judiciary committees a report on current and 
future challenges to the effectiveness of FISA surveillance 
authorities.

Section 304--Comptroller General study on the classification system and 
        protection of classified information

    Section 304 requires the Comptroller General to conduct a 
study and report on the U.S. classification system and how the 
IC protects classified information.

Section 305--Technical amendments and amendments to improve procedures 
        of the Foreign Intelligence Surveillance Court of Review

    Section 305 makes several technical amendments to FISA and 
amendments to clarify procedures related to the Foreign 
Intelligence Surveillance Court of Review.

Section 306--Severability

                 Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, over the past two years, the 
Committee held multiple hearings and hosted various Member and 
staff-level education sessions related to the authorities 
reauthorized in H.R. 4478. The bill, as reported by the 
Committee, is the product of these various oversight sessions.

                General Performance Goals And Objectives

    The goals and objectives of H.R. 4478 are to reauthorize 
title VII of FISA for four years, as well as enhance 
surveillance authorities and provide additional transparency 
and reporting requirements. Title VII of FISA is imperative to 
the national security of the United States, supports and 
assists the armed forces of the United States, and supports the 
President in the execution of the foreign policy of the United 
States, particularly as it relates to counterterrorism matters.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provision of the reported bill include unfunded 
mandates. In compliance with this requirement, the Committee 
has received a letter from the Congressional Budget Office 
included herein.

                  Statement on Congressional Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the committee states that the bill as 
reported contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

             FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

   Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Intelligence Surveillance Act 
of 1978''.

           *       *       *       *       *       *       *


 TITLE I--ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN 
                         INTELLIGENCE PURPOSES


                              definitions

  Sec. 101. As used in this title:
          (a) ``Foreign power'' means--
                  (1) a foreign government or any component, 
                thereof, whether or not recognized by the 
                United States;
                  (2) a faction of a foreign nation or nations, 
                not substantially composed of United States 
                persons;
                  (3) an entity that is openly acknowledged by 
                a foreign government or governments to be 
                directed and controlled by such foreign 
                government or governments;
                  (4) a group engaged in international 
                terrorism or activities in preparation 
                therefor;
                  (5) a foreign-based political organization, 
                not substantially composed of United States 
                persons;
                  (6) an entity that is directed and controlled 
                by a foreign government or governments[; or];
                  (7) an entity not substantially composed of 
                United States persons that is engaged in the 
                international proliferation of weapons of mass 
                destruction[.]; or
                  (8) an entity not substantially composed of 
                United States persons that is engaged in 
                international malicious cyber activity, or 
                activities in preparation therefor, that 
                threatens the national defense or security of 
                the United States.
          (b) ``Agent of a foreign power'' means--
                  (1) any person other than a United States 
                person, who--
                          (A) acts in the United States as an 
                        officer or employee of a foreign power, 
                        or as a member of a foreign power as 
                        defined in subsection (a)(4), 
                        irrespective of whether the person is 
                        inside the United States;
                          (B) acts for or on behalf of a 
                        foreign power which engages in 
                        clandestine intelligence activities in 
                        the United States contrary to the 
                        interests of the United States, when 
                        the circumstances indicate that such 
                        person may engage in such activities, 
                        or when such person knowingly aids or 
                        abets any person in the conduct of such 
                        activities or knowingly conspires with 
                        any person to engage in such 
                        activities;
                          (C) engages in international 
                        terrorism or activities in preparation 
                        therefore;
                          (D) engages in the international 
                        proliferation of weapons of mass 
                        destruction, or activities in 
                        preparation therefor[; or];
                          (E) engages in the international 
                        proliferation of weapons of mass 
                        destruction, or activities in 
                        preparation therefor, for or on behalf 
                        of a foreign power, or knowingly aids 
                        or abets any person in the conduct of 
                        such proliferation or activities in 
                        preparation therefor, or knowingly 
                        conspires with any person to engage in 
                        such proliferation or activities in 
                        preparation therefor; or
                          (F) engages in international 
                        malicious cyber activity that threatens 
                        the national defense or security of the 
                        United States, or activities in 
                        preparation therefor, for or on behalf 
                        of a foreign power, or knowingly aids 
                        or abets any person in the conduct of 
                        such international malicious cyber 
                        activity or activities in preparation 
                        therefor, or knowingly conspires with 
                        any person to engage in such 
                        international malicious cyber activity 
                        or activities in preparation therefor; 
                        or
                  (2) any person who--
                          (A) knowingly engages in clandestine 
                        intelligence gathering activities for 
                        or on behalf of a foreign power, which 
                        activities involve or may involve a 
                        violation of the criminal statutes of 
                        the United States;
                          (B) pursuant to the direction of an 
                        intelligence service or network of a 
                        foreign power, knowingly engages in any 
                        other clandestine intelligence 
                        activities for or on behalf of such 
                        foreign power, which activities involve 
                        or are about to involve a violation of 
                        the criminal statutes of the United 
                        States;
                          (C) knowingly engages in sabotage or 
                        international terrorism, or activities 
                        that are in preparation therefor, for 
                        or on behalf of a foreign power;
                          (D) knowingly enters the United 
                        States under a false or fraudulent 
                        identity for or on behalf of a foreign 
                        power or, while in the United States, 
                        knowingly assumes a false or fraudulent 
                        identity for or on behalf of a foreign 
                        power; or
                          (E) knowingly aids or abets any 
                        person in the conduct of activities 
                        described in subparagraph (A), (B), or 
                        (C) or knowingly conspires with any 
                        person to engage in activities 
                        described in subparagraph (A), (B), or 
                        (C).
          (c) ``International terrorism'' means activities 
        that--
                  (1) involve violent acts or acts dangerous to 
                human life that are a violation of the criminal 
                laws of the United States or of any State, or 
                that would be a criminal violation if committed 
                within the jurisdiction of the United States or 
                any State;
                  (2) appear to be intended--
                          (A) to intimidate or coerce a 
                        civilian population;
                          (B) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (C) to affect the conduct of a 
                        government by assassination or 
                        kidnapping; and
                  (3) occur totally outside the United States, 
                or transcend national boundaries in terms of 
                the means by which they are accomplished, the 
                persons they appear intended to coerce or 
                intimidate, or the locale in which their 
                perpetrators operate or seek asylum.
          (d) ``Sabotage'' means activities that involve a 
        violation of chapter 105 of title 18, United States 
        Code, or that would involve such a violation if 
        committed against the United States.
          (e) ``Foreign intelligence information'' means--
                  (1) information that relates to, and if 
                concerning a United States person is necessary 
                to, the ability of the United States to protect 
                against--
                          (A) actual or potential attack or 
                        other grave hostile acts of a foreign 
                        power or an agent of a foreign power;
                          (B) sabotage, international 
                        terrorism, or the international 
                        proliferation of weapons of mass 
                        destruction by a foreign power or an 
                        agent of a foreign power; or
                          (C) clandestine intelligence 
                        activities by an intelligence service 
                        or network of a foreign power or by an 
                        agent of a foreign power; or
                  (2) information with respect to a foreign 
                power or foreign territory that relates to, and 
                if concerning a United States person is 
                necessary to--
                          (A) the national defense or the 
                        security of the United States; or
                          (B) the conduct of the foreign 
                        affairs of the United States.
          (f) ``Electronic surveillance'' means--
                  (1) the acquisition by an electronic, 
                mechanical, or other surveillance device of the 
                contents of any wire or radio communications 
                sent by or intended to be received by a 
                particular, known United States person who is 
                in the United States, if the contents are 
                acquired by intentionally targeting that United 
                States person, under circumstances in which a 
                person has a reasonable expectation of privacy 
                and a warrant would be required for law 
                enforcement purposes;
                  (2) the acquisition by an electronic, 
                mechanical, or other surveillance device of the 
                contents of any wire communication to or from a 
                person in the United States, without the 
                consent of any party thereto, if such 
                acquisition occurs in the United States, but 
                does not include the acquisition of those 
                communications of computer trespassers that 
                would be permissible under section 2511(2)(i) 
                of title 18, United States Code;
                  (3) the intentional acquisition by an 
                electronic, mechanical, or other surveillance 
                device of the contents of any radio 
                communication, under circumstances in which a 
                person has a reasonable expectation of privacy 
                and a warrant would be required for law 
                enforcement purposes, and if both the sender 
                and all intended recipients are located within 
                the United States; or
                  (4) the installation or use of an electronic, 
                mechanical, or other surveillance device in the 
                United States for monitoring to acquire 
                information, other than from a wire or radio 
                communication, under circumstances in which a 
                person has a reasonable expectation of privacy 
                and a warrant would be required for law 
                enforcement purposes.
          (g) ``Attorney General'' means the Attorney General 
        of the United States (or Acting Attorney General), the 
        Deputy Attorney General, or, upon the designation of 
        the Attorney General, the Assistant Attorney General 
        designated as the Assistant Attorney General for 
        National Security under section 507A of title 28, 
        United States Code.
          (h) ``Minimization procedures'', with respect to 
        electronic surveillance, means--
                  (1) specific procedures, which shall be 
                adopted by the Attorney General, that are 
                reasonably designed in light of the purpose and 
                technique of the particular surveillance, to 
                minimize the acquisition and retention, and 
                prohibit the dissemination, of nonpublicly 
                available information concerning unconsenting 
                United States persons consistent with the need 
                of the United States to obtain, produce, and 
                disseminate foreign intelligence information;
                  (2) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information, as defined in 
                subsection (e)(1), shall not be disseminated in 
                a manner that identifies any United States 
                person, without such person's consent, unless 
                such person's identity is necessary to 
                understand foreign intelligence information or 
                assess its importance;
                  (3) notwithstanding paragraphs (1) and (2), 
                procedures that allow for the retention and 
                dissemination of information that is evidence 
                of a crime which has been, is being, or is 
                about to be committed and that is to be 
                retained or disseminated for law enforcement 
                purposes; and
                  (4) notwithstanding paragraphs (1), (2), and 
                (3), with respect to any electronic 
                surveillance approved pursuant to section 
                102(a), procedures that require that no 
                contents of any communication to which a United 
                States person is a party shall be disclosed, 
                disseminated, or used for any purpose or 
                retained for longer than 72 hours unless a 
                court order under section 105 is obtained or 
                unless the Attorney General determines that the 
                information indicates a threat of death or 
                serious bodily harm to any person.
          (i) ``United States person'' means a citizen of the 
        United States, an alien lawfully admitted for permanent 
        residence (as defined in section 101(a)(20) of the 
        Immigration and Nationality Act), an unincorporated 
        association a substantial number of members of which 
        are citizens of the United States or aliens lawfully 
        admitted for permanent residence, or a corporation 
        which is incorporated in the United States, but does 
        not include a corporation or an association which is a 
        foreign power, as defined in subsection (a) (1), (2), 
        or (3).
          (j) ``United States'', when used in a geographic 
        sense, means all areas under the territorial 
        sovereignty of the United States and the Trust 
        Territory of the Pacific Islands.
          (k) ``Aggrieved person'' means a person who is the 
        target of an electronic surveillance or any other 
        person whose communications or activities were subject 
        to electronic surveillance.
          (l) ``Wire communication'' means any communications 
        while it is being carried by a wire, cable, or other 
        like connection furnished or operated by any person 
        engaged as a common carrier in providing or operating 
        such facilities for the transmission of interstate or 
        foreign communications.
          (m) ``Person'' means any individual, including any 
        officer or employee of the Federal Government, or any 
        group, entity, association, corporation, or foreign 
        power.
          (n) ``Contents'', when used with respect to a 
        communication, includes any information concerning the 
        identity of the parties to such communications or the 
        existence, substance, purport, or meaning of that 
        communication.
          (o) ``State'' means any State of the United States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, the Trust Territory of the Pacific Islands, an 
        any territory or possession of the United States.
          (p) ``Weapon of mass destruction'' means--
                  (1) any explosive, incendiary, or poison gas 
                device that is designed, intended, or has the 
                capability to cause a mass casualty incident;
                  (2) any weapon that is designed, intended, or 
                has the capability to cause death or serious 
                bodily injury to a significant number of 
                persons through the release, dissemination, or 
                impact of toxic or poisonous chemicals or their 
                precursors;
                  (3) any weapon involving a biological agent, 
                toxin, or vector (as such terms are defined in 
                section 178 of title 18, United States Code) 
                that is designed, intended, or has the 
                capability to cause death, illness, or serious 
                bodily injury to a significant number of 
                persons; or
                  (4) any weapon that is designed, intended, or 
                has the capability to release radiation or 
                radioactivity causing death, illness, or 
                serious bodily injury to a significant number 
                of persons.
          (q)(1) The term ``international malicious cyber 
        activity'' means activity on or through an information 
        system--
                          (A) originating from, or directed by, 
                        persons located, in whole or in 
                        substantial part, outside the United 
                        States;
                          (B) that seeks to compromise or 
                        impair the confidentiality, integrity, 
                        or availability of computers, 
                        information systems or communications 
                        systems, networks, physical or virtual 
                        infrastructure controlled by computers 
                        or information systems, or information 
                        resident thereon; and
                          (C) that is not authorized by the 
                        United States Government or otherwise 
                        carried out in accordance with Federal 
                        law.
          (2) In paragraph (1), the term ``information system'' 
        has the meaning given that term in section 102 of the 
        Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
        1501), and includes national security systems (as 
        defined in section 11103 of title 40, United States 
        Code).

           *       *       *       *       *       *       *


                         designation of judges

  Sec. 103. (a)(1) The Chief Justice of the United States shall 
publicly designate 11 district court judges from at least seven 
of the United States judicial circuits of whom no fewer than 3 
shall reside within 20 miles of the District of Columbia who 
shall constitute a court which shall have jurisdiction to hear 
applications for and grant orders approving electronic 
surveillance anywhere within the United States under the 
procedures set forth in this Act, except that no judge 
designated under this subsection (except when sitting en banc 
under paragraph (2)) shall hear the same application for 
electronic surveillance under this Act which has been denied 
previously by another judge designated under this subsection. 
If any judge so designated denies an application for an order 
authorizing electronic surveillance under this Act, such judge 
shall provide immediately for the record a written statement of 
each reason for his decision and, on motion of the United 
States, the record shall be transmitted, under seal, to the 
court of review established in subsection (b).
  (2)(A) The court established under this subsection may, on 
its own initiative, or upon the request of the Government in 
any proceeding or a party under section 501(f) or paragraph (4) 
or (5) of [section 702(h)] section 702(i), hold a hearing or 
rehearing, en banc, when ordered by a majority of the judges 
that constitute such court upon a determination that--
          (i) en banc consideration is necessary to secure or 
        maintain uniformity of the court's decisions; or
          (ii) the proceeding involves a question of 
        exceptional importance.
  (B) Any authority granted by this Act to a judge of the court 
established under this subsection may be exercised by the court 
en banc. When exercising such authority, the court en banc 
shall comply with any requirements of this Act on the exercise 
of such authority.
  (C) For purposes of this paragraph, the court en banc shall 
consist of all judges who constitute the court established 
under this subsection.
  (b) The Chief Justice shall publicly designate three judges, 
one of whom shall be publicly [designate as the] designated as 
the presiding judge, from the United States district courts or 
courts of appeals who together shall comprise a court of review 
which shall have jurisdiction to review the denial of any 
application made under this Act. If such court determines that 
the application was properly denied, the court shall 
[immediately] provide for the record a written statement of 
each reason for its decision and, on petition of the United 
States for a writ of certiorari, the record shall be 
transmitted under seal to the Supreme Court, which shall have 
jurisdiction to review such decision.
  (c) Proceedings under this Act shall be conducted as 
expeditiously as possible. The record of proceedings under this 
Act, including applications made and orders granted, shall be 
maintained under security measures established by the Chief 
Justice in consultation with the Attorney General and the 
Director of National Intelligence.
  (d) Each judge designated under this section shall so serve 
for a maximum of seven years and shall not be eligible for 
redesignation, except that the judges first designated under 
subsection (a) shall be designated for terms of from one to 
seven years so that one term expires each year, and that judges 
first designated under subsection (b) shall be designated for 
terms of three, five, and seven years.
  (e)(1) Three judges designated under subsection (a) who 
reside within 20 miles of the District of Columbia, or, if all 
of such judges are unavailable, other judges of the court 
established under subsection (a) as may be designated by the 
presiding judge of such court, shall comprise a petition review 
pool which shall have jurisdiction to review petitions filed 
pursuant to section 501(f)(1) or 702(h)(4).
  (2) Not later than 60 days after the date of the enactment of 
the USA PATRIOT Improvement and Reauthorization Act of 2005, 
the court established under subsection (a) shall adopt and, 
consistent with the protection of national security, publish 
procedures for the review of petitions filed pursuant to 
section 501(f)(1) or 702(h)(4) by the panel established under 
paragraph (1). Such procedures shall provide that review of a 
petition shall be conducted in camera and shall also provide 
for the designation of an acting presiding judge.
  (f)(1) A judge of the court established under subsection (a), 
the court established under subsection (b) or a judge of that 
court, or the Supreme Court of the United States or a justice 
of that court, may, in accordance with the rules of their 
respective courts, enter a stay of an order or an order 
modifying an order of the court established under subsection 
(a) or the court established under subsection (b) entered under 
any title of this Act, while the court established under 
subsection (a) conducts a rehearing, while an appeal is pending 
to the court established under subsection (b), or while a 
petition of certiorari is pending in the Supreme Court of the 
United States, or during the pendency of any review by that 
court.
  (2) The authority described in paragraph (1) shall apply to 
an order entered under any provision of this Act.
  (g)(1) The courts established pursuant to subsections (a) and 
(b) may establish such rules and procedures, and take such 
actions, as are reasonably necessary to administer their 
responsibilities under this Act.
  (2) The rules and procedures established under paragraph (1), 
and any modifications of such rules and procedures, shall be 
recorded, and shall be transmitted to the following:
          (A) All of the judges on the court established 
        pursuant to subsection (a).
          (B) All of the judges on the court of review 
        established pursuant to subsection (b).
          (C) The Chief Justice of the United States.
          (D) The Committee on the Judiciary of the Senate.
          (E) The Select Committee on Intelligence of the 
        Senate.
          (F) The Committee on the Judiciary of the House of 
        Representatives.
          (G) The Permanent Select Committee on Intelligence of 
        the House of Representatives.
  (3) The transmissions required by paragraph (2) shall be 
submitted in unclassified form, but may include a classified 
annex.
  (h) Nothing in this Act shall be construed to reduce or 
contravene the inherent authority of [the court established 
under subsection (a)] a court established under this section to 
determine or enforce compliance with an order or a rule of such 
court or with a procedure approved by such court.
  (i) Amicus Curiae.--
          (1) Designation.--The presiding judges of the courts 
        established under subsections (a) and (b) shall, not 
        later than 180 days after the enactment of this 
        subsection, jointly designate not fewer than 5 
        individuals to be eligible to serve as amicus curiae, 
        who shall serve pursuant to rules the presiding judges 
        may establish. In designating such individuals, the 
        presiding judges may consider individuals recommended 
        by any source, including members of the Privacy and 
        Civil Liberties Oversight Board, the judges determine 
        appropriate.
          (2) Authorization.--A court established under 
        subsection (a) or (b), consistent with the requirement 
        of subsection (c) and any other statutory requirement 
        that the court act expeditiously or within a stated 
        time--
                  (A) shall appoint an individual who has been 
                designated under paragraph (1) to serve as 
                amicus curiae to assist such court in the 
                consideration of any application for an order 
                or review that, in the opinion of the court, 
                presents a novel or significant interpretation 
                of the law, unless the court issues a finding 
                that such appointment is not appropriate; and
                  (B) may appoint an individual or organization 
                to serve as amicus curiae, including to provide 
                technical expertise, in any instance as such 
                court deems appropriate or, upon motion, permit 
                an individual or organization leave to file an 
                amicus curiae brief.
          (3) Qualifications of amicus curiae.--
                  (A) Expertise.--Individuals designated under 
                paragraph (1) shall be persons who possess 
                expertise in privacy and civil liberties, 
                intelligence collection, communications 
                technology, or any other area that may lend 
                legal or technical expertise to a court 
                established under subsection (a) or (b).
                  (B) Security clearance.--Individuals 
                designated pursuant to paragraph (1) shall be 
                persons who are determined to be eligible for 
                access to classified information necessary to 
                participate in matters before the courts. 
                Amicus curiae appointed by the court pursuant 
                to paragraph (2) shall be persons who are 
                determined to be eligible for access to 
                classified information, if such access is 
                necessary to participate in the matters in 
                which they may be appointed.
          (4) Duties.--If a court established under subsection 
        (a) or (b) appoints an amicus curiae under paragraph 
        (2)(A), the amicus curiae shall provide to the court, 
        as appropriate--
                  (A) legal arguments that advance the 
                protection of individual privacy and civil 
                liberties;
                  (B) information related to intelligence 
                collection or communications technology; or
                  (C) legal arguments or information regarding 
                any other area relevant to the issue presented 
                to the court.
          (5) Assistance.--An amicus curiae appointed under 
        paragraph (2)(A) may request that the court designate 
        or appoint additional amici curiae pursuant to 
        paragraph (1) or paragraph (2), to be available to 
        assist the amicus curiae.
          (6) Access to information.--
                  (A) In general.--If a court established under 
                subsection (a) or (b) appoints an amicus curiae 
                under paragraph (2), the amicus curiae--
                          (i) shall have access to any legal 
                        precedent, application, certification, 
                        petition, motion, or such other 
                        materials that the court determines are 
                        relevant to the duties of the amicus 
                        curiae; and
                          (ii) may, if the court determines 
                        that it is relevant to the duties of 
                        the amicus curiae, consult with any 
                        other individuals designated pursuant 
                        to paragraph (1) regarding information 
                        relevant to any assigned proceeding.
                  (B) Briefings.--The Attorney General may 
                periodically brief or provide relevant 
                materials to individuals designated pursuant to 
                paragraph (1) regarding constructions and 
                interpretations of this Act and legal, 
                technological, and other issues related to 
                actions authorized by this Act.
                  (C) Classified information.--An amicus curiae 
                designated or appointed by the court may have 
                access to classified documents, information, 
                and other materials or proceedings only if that 
                individual is eligible for access to classified 
                information and to the extent consistent with 
                the national security of the United States.
                  (D) Rule of construction.--Nothing in this 
                section shall be construed to require the 
                Government to provide information to an amicus 
                curiae appointed by the court that is 
                privileged from disclosure.
          (7) Notification.--A presiding judge of a court 
        established under subsection (a) or (b) shall notify 
        the Attorney General of each exercise of the authority 
        to appoint an individual to serve as amicus curiae 
        under paragraph (2).
          (8) Assistance.--A court established under subsection 
        (a) or (b) may request and receive (including on a 
        nonreimbursable basis) the assistance of the executive 
        branch in the implementation of this subsection.
          (9) Administration.--A court established under 
        subsection (a) or (b) may provide for the designation, 
        appointment, removal, training, or other support for an 
        individual designated to serve as amicus curiae under 
        paragraph (1) or appointed to serve as amicus curiae 
        under paragraph (2) in a manner that is not 
        inconsistent with this subsection.
          (10) Receipt of information.--Nothing in this 
        subsection shall limit the ability of a court 
        established under subsection (a) or (b) to request or 
        receive information or materials from, or otherwise 
        communicate with, the Government or amicus curiae 
        appointed under paragraph (2) on an ex parte basis, nor 
        limit any special or heightened obligation in any ex 
        parte communication or proceeding.
          (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.
  (j) Review of FISA Court Decisions.--Following issuance of an 
order under this Act, a court established under subsection (a) 
shall certify for review to the court established under 
subsection (b) any question of law that may affect resolution 
of the matter in controversy that the court determines warrants 
such review because of a need for uniformity or because 
consideration by the court established under subsection (b) 
would serve the interests of justice. Upon certification of a 
question of law under this subsection, the court established 
under subsection (b) may give binding instructions or require 
the entire record to be sent up for decision of the entire 
matter in controversy.
  (k) Review of FISA Court of Review Decisions.--
          (1) Certification.--For purposes of section 1254(2) 
        of title 28, United States Code, the court of review 
        established under subsection (b) shall be considered to 
        be a court of appeals.
          (2) Amicus curiae briefing.--Upon certification of an 
        application under paragraph (1), the Supreme Court of 
        the United States may appoint an amicus curiae 
        designated under subsection (i)(1), or any other 
        person, to provide briefing or other assistance.

           *       *       *       *       *       *       *


                          issuance of an order

  Sec. 105. (a) Upon an application made pursuant to section 
104, the judge shall enter an ex parte order as requested or as 
modified approving the electronic surveillance if he finds 
that--
          (1) the application has been made by a Federal 
        officer and approved by the Attorney General;
          (2) on the basis of the facts submitted by the 
        applicant there is probable cause to believe that--
                  (A) the target of the electronic surveillance 
                is a foreign power or an agent of a foreign 
                power: Provided, That no United States person 
                may be considered a foreign power or an agent 
                of a foreign power solely upon the basis of 
                activities protected by the first amendment to 
                the Constitution of the United States; and
                  (B) each of the facilities or places at which 
                the electronic surveillance is directed is 
                being used, or is about to be used, by a 
                foreign power or an agent of a foreign power;
          (3) the proposed minimization procedures meet the 
        definition of minimization procedures under section 
        101(h); and
          (4) the application which has been filed contains all 
        statements and certifications required by section 104 
        and, if the target is a United States person, the 
        certification or certifications are not clearly 
        erroneous on the basis of the statement made under 
        section 104(a)(7)(E) and any other information 
        furnished under section 104(d).
  (b) In determining whether or not probable cause exists for 
purposes of an order under subsection (a)(2), a judge may 
consider past activities of the target, as well as facts and 
circumstances relating to current or future activities of the 
target.
  (c)(1) specifications.--An order approving an electronic 
surveillance under this section shall specify--
                  (A) the identity, if known, or a description 
                of the specific target of the electronic 
                surveillance identified or described in the 
                application pursuant to section 104(a)(3);
                  (B) the nature and location of each of the 
                facilities or places at which the electronic 
                surveillance will be directed, if known;
                  (C) the type of information sought to be 
                acquired and the type of communications or 
                activities to be subjected to the surveillance;
                  (D) the means by which the electronic 
                surveillance will be effected and whether 
                physical entry will be used to effect the 
                surveillance; and
                  (E) the period of time during which the 
                electronic surveillance is approved.
          (2) Directions.--An order approving an electronic 
        surveillance under this section shall direct--
                  (A) that the minimization procedures be 
                followed;
                  (B) that, upon the request of the applicant, 
                a specified communication or other common 
                carrier, landlord, custodian, or other 
                specified person, or in circumstances where the 
                Court finds, based upon specific facts provided 
                in the application, that the actions of the 
                target of the application may have the effect 
                of thwarting the identification of a specified 
                person, such other persons, furnish the 
                applicant forthwith all information, 
                facilities, or technical assistance necessary 
                to accomplish the electronic surveillance in 
                such a manner as will protect its secrecy and 
                produce a minimum of interference with the 
                services that such carrier, landlord, 
                custodian, or other person is providing that 
                target of electronic surveillance;
                  (C) that such carrier, landlord, custodian, 
                or other person maintain under security 
                procedures approved by the Attorney General and 
                the Director of National Intelligence any 
                records concerning the surveillance or the aid 
                furnished that such person wishes to retain; 
                and
                  (D) that the applicant compensate, at the 
                prevailing rate, such carrier, landlord, 
                custodian, or other person for furnishing such 
                aid.
          (3) Special directions for certain orders.--An order 
        approving an electronic surveillance under this section 
        in circumstances where the nature and location of each 
        of the facilities or places at which the surveillance 
        will be directed is unknown shall direct the applicant 
        to provide notice to the court within ten days after 
        the date on which surveillance begins to be directed at 
        any new facility or place, unless the court finds good 
        cause to justify a longer period of up to 60 days, of--
                  (A) the nature and location of each new 
                facility or place at which the electronic 
                surveillance is directed;
                  (B) the facts and circumstances relied upon 
                by the applicant to justify the applicant's 
                belief that each new facility or place at which 
                the electronic surveillance is directed is or 
                was being used, or is about to be used, by the 
                target of the surveillance;
                  (C) a statement of any proposed minimization 
                procedures that differ from those contained in 
                the original application or order, that may be 
                necessitated by a change in the facility or 
                place at which the electronic surveillance is 
                directed; and
                  (D) the total number of electronic 
                surveillances that have been or are being 
                conducted under the authority of the order.
  (d)(1) An order issued under this section may approve an 
electronic surveillance for the period necessary to achieve its 
purpose, or for ninety days, whichever is less, except that (A) 
an order under this section shall approve an electronic 
surveillance targeted against a foreign power, as defined in 
section 101(a), (1), (2), or (3), for the period specified in 
the application or for one year, whichever is less, and (B) an 
order under this Act for a surveillance targeted against an 
agent of a foreign power who is not a United States person may 
be for the period specified in the application or for 120 days, 
whichever is less.
  (2) Extensions of an order issued under this title may be 
granted on the same basis as an original order upon an 
application for an extension and new findings made in the same 
manner as required for an original order, except that (A) an 
extension of an order under this Act for a surveillance 
targeted against a foreign power, a defined in paragraph (5), 
(6), or (7) of section 101(a), or against a foreign power as 
defined in section 101(a)(4) that is not a United States 
person, may be for a period not to exceed one year if the judge 
finds probable cause to believe that no communication of any 
individual United States person will be acquired during the 
period, and (B) an extension of an order under this Act for a 
surveillance targeted against an agent of a foreign power who 
is not a United States person may be for a period not to exceed 
1 year.
  (3) At or before the end of the period of time for which 
electronic surveillance is approved by an order or an 
extension, the judge may assess compliance with the 
minimization procedures by reviewing the circumstances under 
which information concerning United States persons was 
acquired, retained, or disseminated.
  (4) A denial of the application made under section 104 may be 
reviewed as provided in section 103.
  (e)(1) Notwithstanding any other provision of this title, the 
Attorney General may authorize the emergency employment of 
electronic surveillance if the Attorney General--
          (A) reasonably determines that an emergency situation 
        exists with respect to the employment of electronic 
        surveillance to obtain foreign intelligence information 
        before an order authorizing such surveillance can with 
        due diligence be obtained;
          (B) reasonably determines that the factual basis for 
        the issuance of an order under this title to approve 
        such electronic surveillance exists;
          (C) informs, either personally or through a designee, 
        a judge having jurisdiction under section 103 at the 
        time of such authorization that the decision has been 
        made to employ emergency electronic surveillance; and
          (D) makes an application in accordance with this 
        title to a judge having jurisdiction under section 103 
        as soon as practicable, but not later than 7 days after 
        the Attorney General authorizes such surveillance.
  (2) If the Attorney General authorizes the emergency 
employment of electronic surveillance under paragraph (1), the 
Attorney General shall require that the minimization procedures 
required by this title for the issuance of a judicial order be 
followed.
  (3) In the absence of a judicial order approving such 
electronic surveillance, the surveillance shall terminate when 
the information sought is obtained, when the application for 
the order is denied, or after the expiration of 7 days from the 
time of authorization by the Attorney General, whichever is 
earliest.
  (4) A denial of the application made under this subsection 
may be reviewed as provided in section 103.
  (5) In the event that such application for approval is 
denied, or in any other case where the electronic surveillance 
is terminated and no order is issued approving the 
surveillance, no information obtained or evidence derived from 
such surveillance shall be received in evidence or otherwise 
disclosed in any trial, hearing, or other proceeding in or 
before any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other authority of 
the United States, a State, or political subdivision thereof, 
and no information concerning any United States person acquired 
from such surveillance shall subsequently be used or disclosed 
in any other manner by Federal officers or employees without 
the consent of such person, except with the approval of the 
Attorney General if the information indicates a threat of death 
or serious bodily harm to any person.
  (6) The Attorney General shall assess compliance with the 
requirements of paragraph (5).
  (f)(1) Notwithstanding any other provision of this Act, the 
lawfully authorized targeting of a non-United States person 
previously believed to be located outside the United States for 
the acquisition of foreign intelligence information may 
continue for a period not to exceed 72 hours from the time that 
the non-United States person is reasonably believed to be 
located inside the United States and the acquisition is subject 
to this title or to title III of this Act, provided that the 
head of an element of the intelligence community--
          (A) reasonably determines that a lapse in the 
        targeting of such non-United States person poses a 
        threat of death or serious bodily harm to any person;
          (B) promptly notifies the Attorney General of a 
        determination under subparagraph (A); and
          (C) requests, as soon as practicable, the employment 
        of emergency electronic surveillance under subsection 
        (e) or the employment of an emergency physical search 
        pursuant to section 304(e), as warranted.
  (2) The authority under this subsection to continue the 
acquisition of foreign intelligence information is limited to a 
period not to exceed 72 hours and shall cease upon the earlier 
of the following:
          (A) The employment of emergency electronic 
        surveillance under subsection (e) or the employment of 
        an emergency physical search pursuant to section 
        304(e).
          (B) An issuance of a court order under this title or 
        title III of this Act.
          (C) The Attorney General provides direction that the 
        acquisition be terminated.
          (D) The head of the element of the intelligence 
        community conducting the acquisition determines that a 
        request under paragraph (1)(C) is not warranted.
          (E) When the threat of death or serious bodily harm 
        to any person is no longer reasonably believed to 
        exist.
  (3) Nonpublicly available information concerning unconsenting 
United States persons acquired under this subsection shall not 
be disseminated during the 72 hour time period under paragraph 
(1) unless necessary to investigate, reduce, or eliminate the 
threat of death or serious bodily harm to any person.
  (4) If the Attorney General declines to authorize the 
employment of emergency electronic surveillance under 
subsection (e) or the employment of an emergency physical 
search pursuant to section 304(e), or a court order is not 
obtained under this title or title III of this Act, information 
obtained during the 72 hour acquisition time period under 
paragraph (1) shall not be retained, except with the approval 
of the Attorney General if the information indicates a threat 
of death or serious bodily harm to any person.
  (5) Paragraphs (5) and (6) of subsection (e) shall apply to 
this subsection.
  (g) Notwithstanding any other provision of this title, 
officers, employees, or agents of the United States are 
authorized in the normal course of their official duties to 
conduct electronic surveillance not targeted against the 
communications of any particular person or persons, under 
procedures approved by the Attorney General, solely to--
          (1) test the capability of electronic equipment, if--
                  (A) it is not reasonable to obtain the 
                consent of the persons incidentally subjected 
                to the surveillance;
                  (B) the test is limited in extent and 
                duration to that necessary to determine to 
                capability of the equipment;
                  (C) the contents of any communication 
                acquired are retained and used only for the 
                purpose of determining the capability of the 
                equipment, are disclosed only to test 
                personnel, and are destroyed before or 
                immediately upon completion of the test; and
                  (D) Provided, That the test may exceed ninety 
                days only with the prior approval of the 
                Attorney General;
          (2) determine the existence and capability of 
        electronic surveillance equipment being used by persons 
        not authorized to conduct electronic surveillance, if--
                  (A) it is not reasonable to obtain the 
                consent of persons incidentally subjected to 
                the surveillance;
                  (B) such electronic surveillance is limited 
                in extent and duration to that necessary to 
                determine the existence and capability of such 
                equipment; and
                  (C) any information acquired by such 
                surveillance is used only to enforce chapter 
                119 of title 18, United States Code, or section 
                705 of the Communications Act of 1934, or to 
                protect information from unauthorized 
                surveillance; or
          (3) train intelligence personnel in the use of 
        electronic surveillance equipment, if--
                  (A) it is not reasonable to--
                          (i) obtain the consent of the persons 
                        incidentally subjected to the 
                        surveillance;
                          (ii) train persons in the course of 
                        surveillances otherwise authorized by 
                        this title; or
                          (iii) train persons in the use of 
                        such equipment without engaging in 
                        electronic surveillance;
                  (B) such electronic surveillance is limited 
                in extent and duration to that necessary to 
                train the personnel in the use of the 
                equipment; and
                  (C) no contents of any communication acquired 
                are retained or disseminated for any purpose, 
                but are destroyed as soon as reasonably 
                possible.
  (h) Certifications made by the Attorney General pursuant to 
section 102(a) and applications made and orders granted under 
this title shall be retained for a period of at least ten years 
from the date of the certification or application.
  (i) No cause of action shall lie in any court against any 
provider of a wire or electronic communication service, 
landlord, custodian, or other person (including any officer, 
employee, agent, or other specified person thereof) that 
furnishes any information, facilities, or technical assistance 
in accordance with a court order or request for emergency 
assistance under this Act for electronic surveillance or 
physical search.
  (j) In any case in which the Government makes an application 
to a judge under this title to conduct electronic surveillance 
involving communications and the judge grants such application, 
upon the request of the applicant, the judge shall also 
authorize the installation and use of pen registers and trap 
and trace devices, and direct the disclosure of the information 
set forth in section 402(d)(2).

           *       *       *       *       *       *       *


                   [report of electronic surveillance

  [Sec. 107. In April of each year, the Attorney General shall 
transmit to the Administrative Office of the United States 
Court and to Congress a report setting forth with respect to 
the preceding calendar year--
          [(a) the total number of applications made for orders 
        and extensions of orders approving electronic 
        surveillance under this title; and
          [(b) the total number of such orders and extensions 
        either granted, modified, or denied.]

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 persons who were subject to 
        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.

           *       *       *       *       *       *       *


   TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN 
INTELLIGENCE PURPOSES

           *       *       *       *       *       *       *


  AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN INTELLIGENCE PURPOSES

  Sec. 302. (a)(1) Notwithstanding any other provision of law, 
the President, acting through the Attorney General, may 
authorize physical searches without a court order under this 
title to acquire foreign intelligence information for periods 
of up to one year if--
          (A) the Attorney General certifies in writing under 
        oath that--
                  (i) the physical search is solely directed at 
                premises, information, material, or property 
                used exclusively by, or under the open and 
                exclusive control of, a foreign power or powers 
                (as defined in section 101(a) (1), (2), or 
                (3));
                  (ii) there is no substantial likelihood that 
                the physical search will involve the premises, 
                information, material, or property of a United 
                States person; and
                  (iii) the proposed minimization procedures 
                with respect to such physical search meet the 
                definition of minimization procedures under 
                [paragraphs (1) through (4)] subparagraphs (A) 
                through (D) of section 301(4); and
          (B) the Attorney General reports such minimization 
        procedures and any changes thereto to the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on 
        Intelligence of the Senate at least 30 days before 
        their effective date, unless the Attorney General 
        determines that immediate action is required and 
        notifies the committees immediately of such 
        minimization procedures and the reason for their 
        becoming effective immediately.
  (2) A physical search authorized by this subsection may be 
conducted only in accordance with the certification and 
minimization procedures adopted by the Attorney General. The 
Attorney General shall assess compliance with such procedures 
and shall report such assessments to the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate under the 
provisions of section 306.
  (3) The Attorney General shall immediately transmit under 
seal to the Foreign Intelligence Surveillance Court a copy of 
the certification. Such certification shall be maintained under 
security measures established by the Chief Justice of the 
United States with the concurrence of the Attorney General, in 
consultation with the Director of National Intelligence, and 
shall remain sealed unless--
          (A) an application for a court order with respect to 
        the physical search is made under section 301(4) and 
        section 303; or
          (B) the certification is necessary to determine the 
        legality of the physical search under section 305(g).
  (4)(A) With respect to physical searches authorized by this 
subsection, the Attorney General may direct a specified 
landlord, custodian, or other specified person to--
          (i) furnish all information, facilities, or 
        assistance necessary to accomplish the physical search 
        in such a manner as will protect its secrecy and 
        produce a minimum of interference with the services 
        that such landlord, custodian, or other person is 
        providing the target of the physical search; and
          (ii) maintain under security procedures approved by 
        the Attorney General and the Director of National 
        Intelligence any records concerning the search or the 
        aid furnished that such person wishes to retain.
  (B) The Government shall compensate, at the prevailing rate, 
such landlord, custodian, or other person for furnishing such 
aid.
  (b) Applications for a court order under this title are 
authorized if the President has, by written authorization, 
empowered the Attorney General to approve applications to the 
Foreign Intelligence Surveillance Court. Notwithstanding any 
other provision of law, a judge of the court to whom 
application is made may grant an order in accordance with 
section 304 approving a physical search in the United States of 
the premises, property, information, or material of a foreign 
power or an agent of a foreign power for the purpose of 
collecting foreign intelligence information.
  (c) The Foreign Intelligence Surveillance Court shall have 
jurisdiction to hear applications for and grant orders 
approving a physical search for the purpose of obtaining 
foreign intelligence information anywhere within the United 
States under the procedures set forth in this title, except 
that no judge (except when sitting en banc) shall hear the same 
application which has been denied previously by another judge 
designated under section 103(a) of this Act. If any judge so 
designated denies an application for an order authorizing a 
physical search under this title, such judge shall provide 
immediately for the record a written statement of each reason 
for such decision and, on motion of the United States, the 
record shall be transmitted, under seal, to the court of review 
established under section 103(b).
  (d) The court of review established under section 103(b) 
shall have jurisdiction to review the denial of any application 
made under this title. If such court determines that the 
application was properly denied, the court shall [immediately] 
provide for the record a written statement of each reason for 
its decision and, on petition of the United States for a writ 
of certiorari, the record shall be transmitted under seal to 
the Supreme Court, which shall have jurisdiction to review such 
decision.
  (e) Judicial proceedings under this title shall be concluded 
as expeditiously as possible. The record of proceedings under 
this title, including applications made and orders granted, 
shall be maintained under security measures established by the 
Chief Justice of the United States in consultation with the 
Attorney General and the Director of National Intelligence.

           *       *       *       *       *       *       *


    TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
INTELLIGENCE PURPOSES

           *       *       *       *       *       *       *



 pen registers and trap and trace devices for foreign intelligence and 
                 international terrorism investigations

  Sec. 402. (a)(1) Notwithstanding any other provision of law, 
the Attorney General or a designated attorney for the 
Government may make an application for an order or an extension 
of an order authorizing or approving the installation and use 
of a pen register or trap and trace device for any 
investigation to obtain foreign intelligence information not 
concerning a United States person or to protect against 
international terrorism or clandestine intelligence activities, 
provided that such investigation of a United States person is 
not conducted solely upon the basis of activities protected by 
the first amendment to the Constitution which is being 
conducted by the Federal Bureau of Investigation under such 
guidelines as the Attorney General approves pursuant to 
Executive Order No. 12333, or a successor order.
  (2) The authority under paragraph (1) is in addition to the 
authority under title I of this Act to conduct the electronic 
surveillance referred to in that paragraph.
  (b) Each application under this section shall be in writing 
under oath or affirmation to--
          (1) a judge of the court established by section 
        103(a) of this Act; or
          (2) a United States Magistrate Judge under chapter 43 
        of title 28, United States Code, who is publicly 
        designated by the Chief Justice of the United States to 
        have the power to hear applications for and grant 
        orders approving the installation and use of a pen 
        register or trap and trace device on behalf of a judge 
        of that court.
  (c) Each application under this section shall require the 
approval of the Attorney General, or a designated attorney for 
the Government, and shall include--
          (1) the identity of the Federal officer seeking to 
        use the pen register or trap and trace device covered 
        by the application;
          (2) a certification by the applicant that the 
        information likely to be obtained is foreign 
        intelligence information not concerning a United States 
        person or is relevant to an ongoing investigation to 
        protect against international terrorism or clandestine 
        intelligence activities, provided that such 
        investigation of a United States person is not 
        conducted solely upon the basis of activities protected 
        by the first amendment to the Constitution; and
          (3) a specific selection term to be used as the basis 
        for the use of the pen register or trap and trace 
        device.
  (d)(1) Upon an application made pursuant to this section, the 
judge shall enter an ex parte order as requested, or as 
modified, approving the installation and use of a pen register 
or trap and trace device if the judge finds that the 
application satisfies the requirements of this section.
  (2) An order issued under this section--
          (A) shall specify--
                  (i) the identity, if known, of the person who 
                is the subject of the investigation;
                  (ii) the identity, if known, of the person to 
                whom is leased or in whose name is listed the 
                telephone line or other facility to which the 
                pen register or trap and trace device is to be 
                attached or applied; and
                  (iii) the attributes of the communications to 
                which the order applies, such as the number or 
                other identifier, and, if known, the location 
                of the telephone line or other facility to 
                which the pen register or trap and trace device 
                is to be attached or applied and, in the case 
                of a trap and trace device, the geographic 
                limits of the trap and trace order;
          (B) shall direct that--
                  (i) upon request of the applicant, the 
                provider of a wire or electronic communication 
                service, landlord, custodian, or other person 
                shall furnish any information, facilities, or 
                technical assistance necessary to accomplish 
                the installation and operation of the pen 
                register or trap and trace device in such a 
                manner as will protect its secrecy and produce 
                a minimum amount of interference with the 
                services that such provider, landlord, 
                custodian, or other person is providing the 
                person concerned;
                  (ii) such provider, landlord, custodian, or 
                other person--
                          (I) shall not disclose the existence 
                        of the investigation or of the pen 
                        register or trap and trace device to 
                        any person unless or until ordered by 
                        the court; and
                          (II) shall maintain, under security 
                        procedures approved by the Attorney 
                        General and the Director of National 
                        Intelligence pursuant to section 
                        105(b)(2)(C) of this Act, any records 
                        concerning the pen register or trap and 
                        trace device or the aid furnished; and
                  (iii) the applicant shall compensate such 
                provider, landlord, custodian, or other person 
                for reasonable expenses incurred by such 
                provider, landlord, custodian, or other person 
                in providing such information, facilities, or 
                technical assistance; and
          (C) shall direct that, upon the request of the 
        applicant, the provider of a wire or electronic 
        communication service shall disclose to the Federal 
        officer using the pen register or trap and trace device 
        covered by the order--
                  (i) in the case of the customer or subscriber 
                using the service covered by the order (for the 
                period specified by the order)--
                          (I) the name of the customer or 
                        subscriber;
                          (II) the address of the customer or 
                        subscriber;
                          (III) the telephone or instrument 
                        number, or other subscriber number or 
                        identifier, of the customer or 
                        subscriber, including any temporarily 
                        assigned network address or associated 
                        routing or transmission information;
                          (IV) the length of the provision of 
                        service by such provider to the 
                        customer or subscriber and the types of 
                        services utilized by the customer or 
                        subscriber;
                          (V) in the case of a provider of 
                        local or long distance telephone 
                        service, any local or long distance 
                        telephone records of the customer or 
                        subscriber;
                          (VI) if applicable, any records 
                        reflecting period of usage (or 
                        sessions) by the customer or 
                        subscriber; and
                          (VII) any mechanisms and sources of 
                        payment for such service, including the 
                        number of any credit card or bank 
                        account utilized for payment for such 
                        service; and
                  (ii) if available, with respect to any 
                customer or subscriber of incoming or outgoing 
                communications to or from the service covered 
                by the order--
                          (I) the name of such customer or 
                        subscriber;
                          (II) the address of such customer or 
                        subscriber;
                          (III) the telephone or instrument 
                        number, or other subscriber number or 
                        identifier, of such customer or 
                        subscriber, including any temporarily 
                        assigned network address or associated 
                        routing or transmission information; 
                        and
                          (IV) the length of the provision of 
                        service by such provider to such 
                        customer or subscriber and the types of 
                        services utilized by such customer or 
                        subscriber.
  (3) A denial of the application made under this subsection 
may be reviewed as provided in section 103.
  (e)(1) Except as provided in paragraph (2), an order issued 
under this section shall authorize the installation and use of 
a pen register or trap and trace device for a period not to 
exceed 90 days. Extensions of such an order may be granted, but 
only upon an application for an order under this section and 
upon the judicial finding required by subsection (d). The 
period of extension shall be for a period not to exceed 90 
days.
  (2) In the case of an application under subsection (c) where 
the applicant has certified that the information likely to be 
obtained is foreign intelligence information not concerning a 
United States person, an order, or an extension of an order, 
under this section may be for a period not to exceed one year.
  (f) No cause of action shall lie in any court against any 
provider of a wire or electronic communication service, 
landlord, custodian, or other person (including any officer, 
employee, agent, or other specified person thereof) that 
furnishes any information, facilities, or technical assistance 
under subsection (d) in accordance with the terms of an order 
issued under this section.
  (g) Unless otherwise ordered by the judge, the results of a 
pen register or trap and trace device shall be furnished at 
reasonable intervals during regular business hours for the 
duration of the order to the authorized Government official or 
officials.
  (h) Privacy Procedures.--
          (1) In general.--The Attorney General shall ensure 
        that appropriate policies and procedures are in place 
        to safeguard nonpublicly available information 
        concerning United States persons that is collected 
        through the use of a pen register or trap and trace 
        device installed under this section. Such policies and 
        procedures shall, to the maximum extent practicable and 
        consistent with the need to protect national security, 
        include privacy protections that apply to the 
        collection, retention, and use of information 
        concerning United States persons.
          (2) Rule of construction.--Nothing in this subsection 
        limits the authority of the court established under 
        section 103(a) or of the Attorney General to impose 
        additional privacy or minimization procedures with 
        regard to the installation or use of a pen register or 
        trap and trace device.

                    authorization during emergencies

  Sec. 403. (a) Notwithstanding any other provision of this 
title, when the Attorney General makes a determination 
described in subsection (b), the Attorney General may authorize 
the installation and use of a pen register or trap and trace 
device on an emergency basis to gather foreign intelligence 
information not concerning a United States person or 
information to protect against international terrorism or 
clandestine intelligence activities, provided that such 
investigation of a United States person is not conducted solely 
upon the basis of activities protected by the first amendment 
to the Constitution if--
          (1) a judge referred to in section 402(b) of this Act 
        is informed by the Attorney General or his designee at 
        the time of such authorization that the decision has 
        been made to install and use the pen register or trap 
        and trace device, as the case may be, on an emergency 
        basis; and
          (2) an application in accordance with section 402 of 
        this Act is made to such judge as soon as practicable, 
        but not more than 7 days, after the Attorney General 
        authorizes the installation and use of the pen register 
        or trap and trace device, as the case may be, under 
        this section.
  (b) A determination under this subsection is a reasonable 
determination by the Attorney General that--
          (1) an emergency requires the installation and use of 
        a pen register or trap and trace device to obtain 
        foreign intelligence information not concerning a 
        United States person or information to protect against 
        international terrorism or clandestine intelligence 
        activities, provided that such investigation of a 
        United States person is not conducted solely upon the 
        basis of activities protected by the first amendment to 
        the Constitution before an order authorizing the 
        installation and use of the pen register or trap and 
        trace device, as the case may be, can with due 
        diligence be obtained under section 402 of this Act; 
        and
          (2) the factual basis for issuance of an order under 
        such section 402 to approve the installation and use of 
        the pen register or trap and trace device, as the case 
        may be, exists.
  (c)(1) In the absence of an order applied for under 
subsection (a)(2) approving the installation and use of a pen 
register or trap and trace device authorized under this 
section, the installation and use of the pen register or trap 
and trace device, as the case may be, shall terminate at the 
earlier of--
          (A) when the information sought is obtained;
          (B) when the application for the order is denied 
        under section 402 of this Act; or
          (C) 7 days after the time of the authorization by the 
        Attorney General.
  (2) In the event that an application for an order applied for 
under subsection (a)(2) is denied, or in any other case where 
the installation and use of a pen register or trap and trace 
device under this section is terminated and no order under 
section 402 of this Act is issued approving the installation 
and use of the pen register or trap and trace device, as the 
case may be, no information obtained or evidence derived from 
the use of the pen register or trap and trace device, as the 
case may be, shall be received in evidence or otherwise 
disclosed in any trial, hearing, or other proceeding in or 
before any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other authority of 
the United States, a State, or political subdivision thereof, 
and no information concerning any United States person acquired 
from the use of the pen register or trap and trace device, as 
the case may be, shall subsequently be used or disclosed in any 
other manner by Federal officers or employees without the 
consent of such person, except with the approval of the 
Attorney General if the information indicates a threat of death 
or serious bodily harm to any person.
  (3) A denial of the application made under subsection (a)(2) 
may be reviewed as provided in section 103.
  (d) Privacy Procedures.--Information collected through the 
use of a pen register or trap and trace device installed under 
this section shall be subject to the policies and procedures 
required under section 402(h).

           *       *       *       *       *       *       *


                        congressional oversight

  Sec. 406. (a) On a semiannual basis, the Attorney General 
shall fully inform the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate, and the Committee on 
the Judiciary of the House of Representatives and the Committee 
on the Judiciary of the Senate, concerning all uses of pen 
registers and trap and trace devices pursuant to this title.
  (b) On a semiannual basis, the Attorney General shall also 
provide to the committees referred to in subsection (a) [and to 
the Committees on the Judiciary of the House of Representatives 
and the Senate] a report setting forth with respect to the 
preceding 6-month period--
          (1) the total number of applications made for orders 
        approving the use of pen registers or trap and trace 
        devices under this title;
          (2) the total number of such orders either granted, 
        modified, or denied;
          (3) the total number of pen registers and trap and 
        trace devices whose installation and use was authorized 
        by the Attorney General on an emergency basis under 
        section 403, and the total number of subsequent orders 
        approving or denying the installation and use of such 
        pen registers and trap and trace devices;
          (4) each department or agency on behalf of which the 
        Attorney General or a designated attorney for the 
        Government has made an application for an order 
        authorizing or approving the installation and use of a 
        pen register or trap and trace device under this 
        title[; and];
          (5) for each department or agency described in 
        paragraph (4), each number described in paragraphs (1), 
        (2), and (3)[.]; and
          (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.
  (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.

 TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                                PURPOSES


SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                    AND INTERNATIONAL TERRORISM INVESTIGATIONS.

  (a)(1) Subject to paragraph (3), the Director of the Federal 
Bureau of Investigation or a designee of the Director (whose 
rank shall be no lower than Assistant Special Agent in Charge) 
may make an application for an order requiring the production 
of any tangible things (including books, records, papers, 
documents, and other items) for an investigation to obtain 
foreign intelligence information not concerning a United States 
person or to protect against international terrorism or 
clandestine intelligence activities, provided that such 
investigation of a United States person is not conducted solely 
upon the basis of activities protected by the first amendment 
to the Constitution.
  (2) An investigation conducted under this section shall--
          (A) be conducted under guidelines approved by the 
        Attorney General under Executive Order 12333 (or a 
        successor order); and
          (B) not be conducted of a United States person solely 
        upon the basis of activities protected by the first 
        amendment to the Constitution of the United States.
          (3) In the case of an application for an order 
        requiring the production of library circulation 
        records, library patron lists, book sales records, book 
        customer lists, firearms sales records, tax return 
        records, educational records, or medical records 
        containing information that would identify a person, 
        the Director of the Federal Bureau of Investigation may 
        delegate the authority to make such application to 
        either the Deputy Director of the Federal Bureau of 
        Investigation or the Executive Assistant Director for 
        National Security (or any successor position). The 
        Deputy Director or the Executive Assistant Director may 
        not further delegate such authority.
  (b) Each application under this section--
          (1) shall be made to--
                  (A) a judge of the court established by 
                section 103(a); or
                  (B) a United States Magistrate Judge under 
                chapter 43 of title 28, United States Code, who 
                is publicly designated by the Chief Justice of 
                the United States to have the power to hear 
                applications and grant orders for the 
                production of tangible things under this 
                section on behalf of a judge of that court; and
          (2) shall include--
                  (A) a specific selection term to be used as 
                the basis for the production of the tangible 
                things sought;
                  (B) in the case of an application other than 
                an application described in subparagraph (C) 
                (including an application for the production of 
                call detail records other than in the manner 
                described in subparagraph (C)), a statement of 
                facts showing that there are reasonable grounds 
                to believe that the tangible things sought are 
                relevant to an authorized investigation (other 
                than a threat assessment) conducted in 
                accordance with subsection (a)(2) to obtain 
                foreign intelligence information not concerning 
                a United States person or to protect against 
                international terrorism or clandestine 
                intelligence activities, such things being 
                presumptively relevant to an authorized 
                investigation if the applicant shows in the 
                statement of the facts that they pertain to--
                          (i) a foreign power or an agent of a 
                        foreign power;
                          (ii) the activities of a suspected 
                        agent of a foreign power who is the 
                        subject of such authorized 
                        investigation; or
                          (iii) an individual in contact with, 
                        or known to, a suspected agent of a 
                        foreign power who is the subject of 
                        such authorized investigation;
                  (C) in the case of an application for the 
                production on an ongoing basis of call detail 
                records created before, on, or after the date 
                of the application relating to an authorized 
                investigation (other than a threat assessment) 
                conducted in accordance with subsection (a)(2) 
                to protect against international terrorism, a 
                statement of facts showing that--
                          (i) there are reasonable grounds to 
                        believe that the call detail records 
                        sought to be produced based on the 
                        specific selection term required under 
                        subparagraph (A) are relevant to such 
                        investigation; and
                          (ii) there is a reasonable, 
                        articulable suspicion that such 
                        specific selection term is associated 
                        with a foreign power engaged in 
                        international terrorism or activities 
                        in preparation therefor, or an agent of 
                        a foreign power engaged in 
                        international terrorism or activities 
                        in preparation therefor; and
                  (D) an enumeration of the minimization 
                procedures adopted by the Attorney General 
                under subsection (g) that are applicable to the 
                retention and dissemination by the Federal 
                Bureau of Investigation of any tangible things 
                to be made available to the Federal Bureau of 
                Investigation based on the order requested in 
                such application.
  (c)(1) Upon an application made pursuant to this section, if 
the judge finds that the application meets the requirements of 
subsections (a) and (b) and that the minimization procedures 
submitted in accordance with subsection (b)(2)(D) meet the 
definition of minimization procedures under subsection (g), the 
judge shall enter an ex parte order as requested, or as 
modified, approving the release of tangible things. Such order 
shall direct that minimization procedures adopted pursuant to 
subsection (g) be followed.
          (2) An order under this subsection--
                  (A) shall describe the tangible things that 
                are ordered to be produced with sufficient 
                particularity to permit them to be fairly 
                identified, including each specific selection 
                term to be used as the basis for the 
                production;
                  (B) shall include the date on which the 
                tangible things must be provided, which shall 
                allow a reasonable period of time within which 
                the tangible things can be assembled and made 
                available;
                  (C) shall provide clear and conspicuous 
                notice of the principles and procedures 
                described in subsection (d);
                  (D) may only require the production of a 
                tangible thing if such thing can be obtained 
                with a subpoena duces tecum issued by a court 
                of the United States in aid of a grand jury 
                investigation or with any other order issued by 
                a court of the United States directing the 
                production of records or tangible things;
                  (E) shall not disclose that such order is 
                issued for purposes of an investigation 
                described in subsection (a); and
                  (F) in the case of an application described 
                in subsection (b)(2)(C), shall--
                          (i) authorize the production on a 
                        daily basis of call detail records for 
                        a period not to exceed 180 days;
                          (ii) provide that an order for such 
                        production may be extended upon 
                        application under subsection (b) and 
                        the judicial finding under paragraph 
                        (1) of this subsection;
                          (iii) provide that the Government may 
                        require the prompt production of a 
                        first set of call detail records using 
                        the specific selection term that 
                        satisfies the standard required under 
                        subsection (b)(2)(C)(ii);
                          (iv) provide that the Government may 
                        require the prompt production of a 
                        second set of call detail records using 
                        session-identifying information or a 
                        telephone calling card number 
                        identified by the specific selection 
                        term used to produce call detail 
                        records under clause (iii);
                          (v) provide that, when produced, such 
                        records be in a form that will be 
                        useful to the Government;
                          (vi) direct each person the 
                        Government directs to produce call 
                        detail records under the order to 
                        furnish the Government forthwith all 
                        information, facilities, or technical 
                        assistance necessary to accomplish the 
                        production in such a manner as will 
                        protect the secrecy of the production 
                        and produce a minimum of interference 
                        with the services that such person is 
                        providing to each subject of the 
                        production; and
                          (vii) direct the Government to--
                                  (I) adopt minimization 
                                procedures that require the 
                                prompt destruction of all call 
                                detail records produced under 
                                the order that the Government 
                                determines are not foreign 
                                intelligence information; and
                                  (II) destroy all call detail 
                                records produced under the 
                                order as prescribed by such 
                                procedures.
          (3) No order issued under this subsection may 
        authorize the collection of tangible things without the 
        use of a specific selection term that meets the 
        requirements of subsection (b)(2).
          (4) A denial of the application made under this 
        subsection may be reviewed as provided in section 103.
  (d)(1) No person shall disclose to any other person that the 
Federal Bureau of Investigation has sought or obtained tangible 
things pursuant to an order issued or an emergency production 
required under this section, other than to--
          (A) those persons to whom disclosure is necessary to 
        comply with such order or such emergency production;
          (B) an attorney to obtain legal advice or assistance 
        with respect to the production of things in response to 
        the order or the emergency production; or
          (C) other persons as permitted by the Director of the 
        Federal Bureau of Investigation or the designee of the 
        Director.
  (2)(A) A person to whom disclosure is made pursuant to 
paragraph (1) shall be subject to the nondisclosure 
requirements applicable to a person to whom an order or 
emergency production is directed under this section in the same 
manner as such person.
  (B) Any person who discloses to a person described in 
subparagraph (A), (B), or (C) of paragraph (1) that the Federal 
Bureau of Investigation has sought or obtained tangible things 
pursuant to an order or emergency production under this section 
shall notify such person of the nondisclosure requirements of 
this subsection.
  (C) At the request of the Director of the Federal Bureau of 
Investigation or the designee of the Director, any person 
making or intending to make a disclosure under subparagraph (A) 
or (C) of paragraph (1) shall identify to the Director or such 
designee the person to whom such disclosure will be made or to 
whom such disclosure was made prior to the request.
  (e)(1) No cause of action shall lie in any court against a 
person who--
          (A) produces tangible things or provides information, 
        facilities, or technical assistance in accordance with 
        an order issued or an emergency production required 
        under this section; or
          (B) otherwise provides technical assistance to the 
        Government under this section or to implement the 
        amendments made to this section by the USA FREEDOM Act 
        of 2015.
  (2) A production or provision of information, facilities, or 
technical assistance described in paragraph (1) shall not be 
deemed to constitute a waiver of any privilege in any other 
proceeding or context.
  (f)(1) In this subsection--
          (A) the term ``production order'' means an order to 
        produce any tangible thing under this section; and
          (B) the term ``nondisclosure order'' means an order 
        imposed under subsection (d).
  (2)(A)(i) A person receiving a production order may challenge 
the legality of the production order or any nondisclosure order 
imposed in connection with the production order by filing a 
petition with the pool established by section 103(e)(1).
  (ii) The presiding judge shall immediately assign a petition 
under clause (i) to 1 of the judges serving in the pool 
established by section 103(e)(1). Not later than 72 hours after 
the assignment of such petition, the assigned judge shall 
conduct an initial review of the petition. If the assigned 
judge determines that the petition is frivolous, the assigned 
judge shall immediately deny the petition and affirm the 
production order or nondisclosure order. If the assigned judge 
determines the petition is not frivolous, the assigned judge 
shall promptly consider the petition in accordance with the 
procedures established under section 103(e)(2).
  (iii) The assigned judge shall promptly provide a written 
statement for the record of the reasons for any determination 
under this subsection. Upon the request of the Government, any 
order setting aside a nondisclosure order shall be stayed 
pending review pursuant to paragraph (3).
  (B) A judge considering a petition to modify or set aside a 
production order may grant such petition only if the judge 
finds that such order does not meet the requirements of this 
section or is otherwise unlawful. If the judge does not modify 
or set aside the production order, the judge shall immediately 
affirm such order, and order the recipient to comply therewith.
  (C)(i) A judge considering a petition to modify or set aside 
a nondisclosure order may grant such petition only if the judge 
finds that there is no reason to believe that disclosure may 
endanger the national security of the United States, interfere 
with a criminal, counterterrorism, or counterintelligence 
investigation, interfere with diplomatic relations, or endanger 
the life or physical safety of any person.
  (ii) If the judge denies a petition to modify or set aside a 
nondisclosure order, the recipient of such order shall be 
precluded for a period of 1 year from filing another such 
petition with respect to such nondisclosure order.
  (D) Any production or nondisclosure order not explicitly 
modified or set aside consistent with this subsection shall 
remain in full effect.
  (3) A petition for review of a decision under paragraph (2) 
to affirm, modify, or set aside an order by the Government or 
any person receiving such order shall be made to the court of 
review established under section 103(b), which shall have 
jurisdiction to consider such petitions. The court of review 
shall provide for the record a written statement of the reasons 
for its decision and, on petition by the Government or any 
person receiving such order for writ of certiorari, the record 
shall be transmitted under seal to the Supreme Court of the 
United States, which shall have jurisdiction to review such 
decision.
  (4) Judicial proceedings under this subsection shall be 
concluded as expeditiously as possible. The record of 
proceedings, including petitions filed, orders granted, and 
statements of reasons for decision, shall be maintained under 
security measures established by the Chief Justice of the 
United States, in consultation with the Attorney General and 
the Director of National Intelligence.
  (5) All petitions under this subsection shall be filed under 
seal. In any proceedings under this subsection, the court 
shall, upon request of the Government, review ex parte and in 
camera any Government submission, or portions thereof, which 
may include classified information.
  (g) Minimization Procedures.--
          (1) In general.--The Attorney General shall adopt, 
        and update as appropriate, specific minimization 
        procedures governing the retention and dissemination by 
        the Federal Bureau of Investigation of any tangible 
        things, or information therein, received by the Federal 
        Bureau of Investigation in response to an order under 
        this title.
          (2) Defined.--In this section, the term 
        ``minimization procedures'' means--
                  (A) specific procedures that are reasonably 
                designed in light of the purpose and technique 
                of an order for the production of tangible 
                things, to minimize the retention, and prohibit 
                the dissemination, of nonpublicly available 
                information concerning unconsenting United 
                States persons consistent with the need of the 
                United States to obtain, produce, and 
                disseminate foreign intelligence information;
                  (B) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information, as defined in section 
                101(e)(1), shall not be disseminated in a 
                manner that identifies any United States 
                person, without such person's consent, unless 
                such person's identity is necessary to 
                understand foreign intelligence information or 
                assess its importance; and
                  (C) notwithstanding subparagraphs (A) and 
                (B), procedures that allow for the retention 
                and dissemination of information that is 
                evidence of a crime which has been, is being, 
                or is about to be committed and that is to be 
                retained or disseminated for law enforcement 
                purposes.
          (3) Rule of construction.--Nothing in this subsection 
        shall limit the authority of the court established 
        under section 103(a) to impose additional, 
        particularized minimization procedures with regard to 
        the production, retention, or dissemination of 
        nonpublicly available information concerning 
        unconsenting United States persons, including 
        additional, particularized procedures related to the 
        destruction of information within a reasonable time 
        period.
  (h) Use of Information.--Information acquired from tangible 
things received by the Federal Bureau of Investigation in 
response to an order under this title concerning any United 
States person may be used and disclosed by Federal officers and 
employees without the consent of the United States person only 
in accordance with the minimization procedures adopted pursuant 
to subsection (g). No otherwise privileged information acquired 
from tangible things received by the Federal Bureau of 
Investigation in accordance with the provisions of this title 
shall lose its privileged character. No information acquired 
from tangible things received by the Federal Bureau of 
Investigation in response to an order under this title may be 
used or disclosed by Federal officers or employees except for 
lawful purposes.
  (i) Emergency Authority for Production of Tangible Things.--
          (1) Notwithstanding any other provision of this 
        section, the Attorney General may require the emergency 
        production of tangible things if the Attorney General--
                  (A) reasonably determines that an emergency 
                situation requires the production of tangible 
                things before an order authorizing such 
                production can with due diligence be obtained;
                  (B) reasonably determines that the factual 
                basis for the issuance of an order under this 
                section to approve such production of tangible 
                things exists;
                  (C) informs, either personally or through a 
                designee, a judge having jurisdiction under 
                this section at the time the Attorney General 
                requires the emergency production of tangible 
                things that the decision has been made to 
                employ the authority under this subsection; and
                  (D) makes an application in accordance with 
                this section to a judge having jurisdiction 
                under this section as soon as practicable, but 
                not later than 7 days after the Attorney 
                General requires the emergency production of 
                tangible things under this subsection.
          (2) If the Attorney General requires the emergency 
        production of tangible things under paragraph (1), the 
        Attorney General shall require that the minimization 
        procedures required by this section for the issuance of 
        a judicial order be followed.
          (3) In the absence of a judicial order approving the 
        production of tangible things under this subsection, 
        the production shall terminate when the information 
        sought is obtained, when the application for the order 
        is denied, or after the expiration of 7 days from the 
        time the Attorney General begins requiring the 
        emergency production of such tangible things, whichever 
        is earliest.
          (4) A denial of the application made under this 
        subsection may be reviewed as provided in section 103.
          (5) If such application for approval is denied, or in 
        any other case where the production of tangible things 
        is terminated and no order is issued approving the 
        production, no information obtained or evidence derived 
        from such production shall be received in evidence or 
        otherwise disclosed in any trial, hearing, or other 
        proceeding in or before any court, grand jury, 
        department, office, agency, regulatory body, 
        legislative committee, or other authority of the United 
        States, a State, or a political subdivision thereof, 
        and no information concerning any United States person 
        acquired from such production shall subsequently be 
        used or disclosed in any other manner by Federal 
        officers or employees without the consent of such 
        person, except with the approval of the Attorney 
        General if the information indicates a threat of death 
        or serious bodily harm to any person.
          (6) The Attorney General shall assess compliance with 
        the requirements of paragraph (5).
  (j) Compensation.--The Government shall compensate a person 
for reasonable expenses incurred for--
          (1) producing tangible things or providing 
        information, facilities, or assistance in accordance 
        with an order issued with respect to an application 
        described in subsection (b)(2)(C) or an emergency 
        production under subsection (i) that, to comply with 
        subsection (i)(1)(D), requires an application described 
        in subsection (b)(2)(C); or
          (2) otherwise providing technical assistance to the 
        Government under this section or to implement the 
        amendments made to this section by the USA FREEDOM Act 
        of 2015.
  (k) Definitions.--In this section:
          (1) In general.--The terms ``foreign power'', ``agent 
        of a foreign power'', ``international terrorism'', 
        ``foreign intelligence information'', ``Attorney 
        General'', ``United States person'', ``United States'', 
        ``person'', and ``State'' have the meanings provided 
        those terms in section 101.
          (2) Address.--The term ``address'' means a physical 
        address or electronic address, such as an electronic 
        mail address or temporarily assigned network address 
        (including an Internet protocol address).
          (3) Call detail record.--The term ``call detail 
        record''--
                  (A) means session-identifying information 
                (including an originating or terminating 
                telephone number, an International Mobile 
                Subscriber Identity number, or an International 
                Mobile Station Equipment Identity number), a 
                telephone calling card number, or the time or 
                duration of a call; and
                  (B) does not include--
                          (i) the contents (as defined in 
                        section 2510(8) of title 18, United 
                        States Code) of any communication;
                          (ii) the name, address, or financial 
                        information of a subscriber or 
                        customer; or
                          (iii) cell site location or global 
                        positioning system information.
          (4) Specific selection term.--
                  (A) Tangible things.--
                          (i) In general.--Except as provided 
                        in subparagraph (B), a ``specific 
                        selection term''--
                                  (I) is a term that 
                                specifically identifies a 
                                person, account, address, or 
                                personal device, or any other 
                                specific identifier; and
                                  (II) is used to limit, to the 
                                greatest extent reasonably 
                                practicable, the scope of 
                                tangible things sought 
                                consistent with the purpose for 
                                seeking the tangible things.
                          (ii) Limitation.--A specific 
                        selection term under clause (i) does 
                        not include an identifier that does not 
                        limit, to the greatest extent 
                        reasonably practicable, the scope of 
                        tangible things sought consistent with 
                        the purpose for seeking the tangible 
                        things, such as an identifier that--
                                  (I) identifies an electronic 
                                communication service provider 
                                (as that term is defined in 
                                section 701) or a provider of 
                                remote computing service (as 
                                that term is defined in section 
                                2711 of title 18, United States 
                                Code), when not used as part of 
                                a specific identifier as 
                                described in clause (i), unless 
                                the provider is itself a 
                                subject of an authorized 
                                investigation for which the 
                                specific selection term is used 
                                as the basis for the 
                                production; or
                                  (II) identifies a broad 
                                geographic region, including 
                                the United States, a city, a 
                                county, a State, a zip code, or 
                                an area code, when not used as 
                                part of a specific identifier 
                                as described in clause (i).
                          (iii) Rule of construction.--Nothing 
                        in this paragraph shall be construed to 
                        preclude the use of multiple terms or 
                        identifiers to meet the requirements of 
                        clause (i).
                  (B) Call detail record applications.--For 
                purposes of an application submitted under 
                subsection (b)(2)(C), the term ``specific 
                selection term'' means a term that specifically 
                identifies an individual, account, or personal 
                device.

           *       *       *       *       *       *       *


TITLE VI--OVERSIGHT

           *       *       *       *       *       *       *


SEC. 603. ANNUAL REPORTS.

  (a) Report by Director of the Administrative Office of the 
United States Courts.--
          (1) Report required.--The Director of the 
        Administrative Office of the United States Courts shall 
        annually submit to the Permanent Select Committee on 
        Intelligence and the Committee on the Judiciary of the 
        House of Representatives and the Select Committee on 
        Intelligence and the Committee on the Judiciary of the 
        Senate, subject to a declassification review by the 
        Attorney General and the Director of National 
        Intelligence, a report that includes--
                  (A) the number of applications or 
                certifications for orders submitted under each 
                of sections 105, 304, 402, 501, 702, 703, and 
                704;
                  (B) the number of such orders granted under 
                each of those sections;
                  (C) the number of orders modified under each 
                of those sections;
                  (D) the number of applications or 
                certifications denied under each of those 
                sections;
                  (E) the number of appointments of an 
                individual to serve as amicus curiae under 
                section 103, including the name of each 
                individual appointed to serve as amicus curiae; 
                and
                  (F) the number of findings issued under 
                section 103(i) that such appointment is not 
                appropriate and the text of any such findings.
          (2) Publication.--The Director shall make the report 
        required under paragraph (1) publicly available on an 
        Internet Web site, except that the Director shall not 
        make publicly available on an Internet Web site the 
        findings described in subparagraph (F) of paragraph 
        (1).
  (b) Mandatory Reporting by Director of National 
Intelligence.--Except as provided in subsection (d), the 
Director of National Intelligence shall annually make publicly 
available on an Internet Web site a report that identifies, for 
the preceding 12-month period--
          (1) the total number of orders issued pursuant to 
        titles I and III and sections 703 and 704 and a [good 
        faith estimate of the number of targets of such 
        orders;] 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; 
          (2) the total number of orders issued pursuant to 
        section 702 and a good faith estimate of--
                  (A) the number of targets of such orders;
                  [(A)] (B) the number of search terms 
                concerning a known United States person used to 
                retrieve the unminimized contents of electronic 
                communications or wire communications obtained 
                through acquisitions authorized under such 
                section, excluding the number of search terms 
                used to prevent the return of information 
                concerning a United States person; [and]
                  [(B)] (C) the number of queries concerning a 
                known United States person of unminimized 
                noncontents information relating to electronic 
                communications or wire communications obtained 
                through acquisitions authorized under such 
                section, excluding the number of queries 
                containing information used to prevent the 
                return of information concerning a United 
                States person;
                  (D) the number of instances in which the 
                Federal Bureau of Investigation has received 
                and reviewed the unminimized contents of 
                electronic communications or wire 
                communications concerning a United States 
                person obtained through acquisitions authorized 
                under such section in response to a search term 
                that was not designed to find and extract 
                foreign intelligence information; and
                  (E) the number of instances in which the 
                Federal Bureau of Investigation opened, under 
                the Criminal Investigative Division or any 
                successor division, an investigation of a 
                United States person (who is not considered a 
                threat to national security) based wholly or in 
                part on an acquisition authorized under such 
                section;
          (3) the total number of orders issued pursuant to 
        title IV and a good faith estimate of--
                  (A) the number of targets of such [orders; 
                and] 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 
                  (B) the number of unique identifiers used to 
                communicate information collected pursuant to 
                such orders;
          (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;
          [(4)] (5) the total number of orders issued pursuant 
        to applications made under section 501(b)(2)(B) and a 
        good faith estimate of--
                  (A) the number of targets of such orders; and
                  (B) the number of unique identifiers used to 
                communicate information collected pursuant to 
                such orders;
          [(5)] (6) the total number of orders issued pursuant 
        to applications made under section 501(b)(2)(C) and a 
        good faith estimate of--
                  (A) the number of targets of such orders;
                  (B) the number of unique identifiers used to 
                communicate information collected pursuant to 
                such orders; and
                  (C) the number of search terms that included 
                information concerning a United States person 
                that were used to query any database of call 
                detail records obtained through the use of such 
                orders; and
          [(6)] (7) the total number of national security 
        letters issued and the number of requests for 
        information contained within such national security 
        letters.
  (c) Timing.--The annual reports required by subsections (a) 
and (b) shall be made publicly available during April of each 
year and include information relating to the previous calendar 
year.
  (d) Exceptions.--
          (1) Statement of numerical range.--If a good faith 
        estimate required to be reported under subparagraph (B) 
        of any of paragraphs (3), [(4), or (5)] (5), or (6) of 
        subsection (b) is fewer than 500, it shall be expressed 
        as a numerical range of ``fewer than 500'' and shall 
        not be expressed as an individual number.
          (2) Nonapplicability to certain information.--
                  (A) Federal bureau of investigation.--
                Paragraphs [(2)(A), (2)(B), and (5)(C)] (2)(B), 
                (2)(C), and (6)(C) of subsection (b) shall not 
                apply to information or records held by, or 
                queries conducted by, the Federal Bureau of 
                Investigation.
                  (B) Electronic mail address and telephone 
                numbers.--Paragraph (3)(B) of subsection (b) 
                shall not apply to orders resulting in the 
                acquisition of information by the Federal 
                Bureau of Investigation that does not include 
                electronic mail addresses or telephone numbers.
          (3) Certification.--
                  (A) In general.--If the Director of National 
                Intelligence concludes that a good faith 
                estimate required to be reported under 
                [subsection (b)(2)(B)] subsection (b)(2)(C) 
                cannot be determined accurately because some 
                but not all of the relevant elements of the 
                intelligence community are able to provide such 
                good faith estimate, the Director shall--
                          (i) certify that conclusion in 
                        writing to the Select Committee on 
                        Intelligence and the Committee on the 
                        Judiciary of the Senate and the 
                        Permanent Select Committee on 
                        Intelligence and the Committee on the 
                        Judiciary of the House of 
                        Representatives;
                          (ii) report the good faith estimate 
                        for those relevant elements able to 
                        provide such good faith estimate;
                          (iii) explain when it is reasonably 
                        anticipated that such an estimate will 
                        be able to be determined fully and 
                        accurately; and
                          (iv) make such certification publicly 
                        available on an Internet Web site.
                  (B) Form.--A certification described in 
                subparagraph (A) shall be prepared in 
                unclassified form, but may contain a classified 
                annex.
                  (C) Timing.--If the Director of National 
                Intelligence continues to conclude that the 
                good faith estimates described in this 
                paragraph cannot be determined accurately, the 
                Director shall annually submit a certification 
                in accordance with this paragraph.
  (e) Definitions.--In this section:
          (1) Contents.--The term ``contents'' has the meaning 
        given that term under section 2510 of title 18, United 
        States Code.
          (2) Electronic communication.--The term ``electronic 
        communication'' has the meaning given that term under 
        section 2510 of title 18, United States Code.
          (3) National security letter.--The term ``national 
        security letter'' means a request for a report, 
        records, or other information under--
                  (A) section 2709 of title 18, United States 
                Code;
                  (B) section 1114(a)(5)(A) of the Right to 
                Financial Privacy Act of 1978 (12 U.S.C. 
                3414(a)(5)(A));
                  (C) subsection (a) or (b) of section 626 of 
                the Fair Credit Reporting Act (15 U.S.C. 
                1681u(a), 1681u(b)); or
                  (D) section 627(a) of the Fair Credit 
                Reporting Act (15 U.S.C. 1681v(a)).
          (4) United states person.--The term ``United States 
        person'' means a citizen of the United States or an 
        alien lawfully admitted for permanent residence (as 
        defined in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a))).
          (5) Wire communication.--The term ``wire 
        communication'' has the meaning given that term under 
        section 2510 of title 18, United States Code.

SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.

  (a) Reporting.--A person subject to a nondisclosure 
requirement accompanying an order or directive under this Act 
or a national security letter may, with respect to such order, 
directive, or national security letter, publicly report the 
following information using one of the following structures:
          (1) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with 
        which the person was required to comply into separate 
        categories of--
                  (A) the number of national security letters 
                received, reported in bands of 1000 starting 
                with 0-999;
                  (B) the number of customer selectors targeted 
                by national security letters, reported in bands 
                of 1000 starting with 0-999;
                  (C) the number of orders or directives 
                received, combined, under this Act for 
                contents, reported in bands of 1000 starting 
                with 0-999;
                  (D) the number of customer selectors targeted 
                under orders or directives received, combined, 
                under this Act for [contents] contents, 
                reported in bands of 1000 starting with 0-999;
                  (E) the number of orders received under this 
                Act for noncontents, reported in bands of 1000 
                starting with 0-999; and
                  (F) the number of customer selectors targeted 
                under orders under this Act for noncontents, 
                reported in bands of 1000 starting with 0-999, 
                pursuant to--
                          (i) title IV;
                          (ii) title V with respect to 
                        applications described in section 
                        501(b)(2)(B); and
                          (iii) title V with respect to 
                        applications described in section 
                        501(b)(2)(C).
          (2) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with 
        which the person was required to comply into separate 
        categories of--
                  (A) the number of national security letters 
                received, reported in bands of 500 starting 
                with 0-499;
                  (B) the number of customer selectors targeted 
                by national security letters, reported in bands 
                of 500 starting with 0-499;
                  (C) the number of orders or directives 
                received, combined, under this Act for 
                contents, reported in bands of 500 starting 
                with 0-499;
                  (D) the number of customer selectors targeted 
                under orders or directives received, combined, 
                under this Act for contents, reported in bands 
                of 500 starting with 0-499;
                  (E) the number of orders received under this 
                Act for noncontents, reported in bands of 500 
                starting with 0-499; and
                  (F) the number of customer selectors targeted 
                under orders received under this Act for 
                noncontents, reported in bands of 500 starting 
                with 0-499.
          (3) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with 
        which the person was required to [comply in the into] 
        comply into separate categories of--
                  (A) the total number of all national security 
                process received, including all national 
                security letters, and orders or directives 
                under this Act, combined, reported in bands of 
                250 starting with 0-249; and
                  (B) the total number of customer selectors 
                targeted under all national security process 
                received, including all national security 
                letters, and orders or directives under this 
                Act, combined, reported in bands of 250 
                starting with 0-249.
          (4) An annual report that aggregates the number of 
        orders, directives, and national security letters the 
        person was required to comply with into separate 
        categories of--
                  (A) the total number of all national security 
                process received, including all national 
                security letters, and orders or directives 
                under this Act, combined, reported in bands of 
                100 starting with 0-99; and
                  (B) the total number of customer selectors 
                targeted under all national security process 
                received, including all national security 
                letters, and orders or directives under this 
                Act, combined, reported in bands of 100 
                starting with 0-99.
  (b) Period of Time Covered by Reports.--
          (1) A report described in paragraph (1) or (2) of 
        subsection (a) shall include only information--
                  (A) relating to national security letters for 
                the previous 180 days; and
                  (B) relating to authorities under this Act 
                for the 180-day period of time ending on the 
                date that is not less than 180 days prior to 
                the date of the publication of such report, 
                except that with respect to a platform, 
                product, or service for which a person did not 
                previously receive an order or directive (not 
                including an enhancement to or iteration of an 
                existing publicly available platform, product, 
                or service) such report shall not include any 
                information relating to such new order or 
                directive until 540 days after the date on 
                which such new order or directive is received.
          (2) A report described in paragraph (3) of subsection 
        (a) shall include only information relating to the 
        previous 180 days.
          (3) A report described in paragraph (4) of subsection 
        (a) shall include only information for the 1-year 
        period of time ending on the date that is not less than 
        1 year prior to the date of the publication of such 
        report.
  (c) Other Forms of Agreed to Publication.--Nothing in this 
section prohibits the Government and any person from jointly 
agreeing to the publication of information referred to in this 
subsection in a time, form, or manner other than as described 
in this section.
  (d) Definitions.--In this section:
          (1) Contents.--The term ``contents'' has the meaning 
        given that term under section 2510 of title 18, United 
        States Code.
          (2) National security letter.--The term ``national 
        security letter'' has the meaning given that term under 
        section 603.

TITLE VII--ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE 
                             UNITED STATES

SEC. 701. DEFINITIONS.

  (a) In General.--[The terms] In this title, the terms ``agent 
of a foreign power'', ``Attorney General'', ``contents'', 
``electronic surveillance'', ``foreign intelligence 
information'', ``foreign power'', ``person'', ``United 
States'', and ``United States person'' have the meanings given 
such terms in section 101, except as specifically provided in 
this title.
  (b) Additional Definitions.--In this title:
          (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                  (A) the Select Committee on Intelligence of 
                the Senate; and
                  (B) the Permanent Select Committee on 
                Intelligence of the House of Representatives.
          (2) Foreign intelligence surveillance court; court.--
        The terms ``Foreign Intelligence Surveillance Court'' 
        and ``Court'' mean the court established under section 
        103(a).
          (3) Foreign intelligence surveillance court of 
        review; court of review.--The terms ``Foreign 
        Intelligence Surveillance Court of Review'' and ``Court 
        of Review'' mean the court established under section 
        103(b).
          (4) Electronic communication service provider.--The 
        term ``electronic communication service provider'' 
        means--
                  (A) a telecommunications carrier, as that 
                term is defined in section 3 of the 
                Communications Act of 1934 (47 U.S.C. 153);
                  (B) a provider of electronic communication 
                service, as that term is defined in section 
                2510 of title 18, United States Code;
                  (C) a provider of a remote computing service, 
                as that term is defined in section 2711 of 
                title 18, United States Code;
                  (D) any other communication service provider 
                who has access to wire or electronic 
                communications either as such communications 
                are transmitted or as such communications are 
                stored; or
                  (E) an officer, employee, or agent of an 
                entity described in subparagraph (A), (B), (C), 
                or (D).
          (5) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 
        3(4) of the National Security Act of 1947 [(50 U.S.C. 
        401a(4))] (50 U.S.C. 3003(4)).

SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED 
                    STATES OTHER THAN UNITED STATES PERSONS.

  (a) Authorization.--Notwithstanding any other provision of 
law, upon the issuance of an order in accordance [with 
subsection (i)(3)] with subsection (j)(3) or a determination 
under subsection (c)(2), the Attorney General and the Director 
of National Intelligence may authorize jointly, for a period of 
up to 1 year from the effective date of the authorization, the 
targeting of persons reasonably believed to be located outside 
the United States to acquire foreign intelligence information.
  (b) Limitations.--An acquisition authorized under subsection 
(a)--
          (1) may not intentionally target any person known at 
        the time of acquisition to be located in the United 
        States;
          (2) may not intentionally target a person reasonably 
        believed to be located outside the United States if the 
        purpose of such acquisition is to target a particular, 
        known person reasonably believed to be in the United 
        States;
          (3) may not intentionally target a United States 
        person reasonably believed to be located outside the 
        United States;
          (4) may not intentionally acquire any communication 
        as to which the sender and all intended recipients are 
        known at the time of the acquisition to be located in 
        the United States; [and]
          (5) may not intentionally acquire communications that 
        contain a reference to, but are not to or from, a 
        facility, place, premises, or property at which an 
        acquisition authorized under subsection (a) is directed 
        or conducted, except as provided under section 203(b) 
        of the FISA Amendments Reauthorization Act of 2017; and
          [(5)] (6) shall be conducted in a manner consistent 
        with the fourth amendment to the Constitution of the 
        United States.
  (c) Conduct of Acquisition.--
          (1) In general.--An acquisition authorized under 
        subsection (a) shall be conducted only in accordance 
        with--
                  (A) the targeting and minimization procedures 
                adopted in accordance with subsections (d) and 
                (e); and
                  (B) upon submission of a certification in 
                accordance [with subsection (g)] with 
                subsection (h), such certification.
          (2) Determination.--A determination under this 
        paragraph and for purposes of subsection (a) is a 
        determination by the Attorney General and the Director 
        of National Intelligence that exigent circumstances 
        exist because, without immediate implementation of an 
        authorization under subsection (a), intelligence 
        important to the national security of the United States 
        may be lost or not timely acquired and time does not 
        permit the issuance of an order pursuant [to subsection 
        (i)(3)] to subsection (j)(3) prior to the 
        implementation of such authorization.
          (3) Timing of determination.--The Attorney General 
        and the Director of National Intelligence may make the 
        determination under paragraph (2)--
                  (A) before the submission of a certification 
                in accordance [with subsection (g)] with 
                subsection (h); or
                  (B) by amending a certification pursuant [to 
                subsection (i)(1)(C)] to subsection (j)(1)(C) 
                at any time during which judicial review [under 
                subsection (i)] under subsection (j) of such 
                certification is pending.
          (4) Construction.--Nothing in title I shall be 
        construed to require an application for a court order 
        under such title for an acquisition that is targeted in 
        accordance with this section at a person reasonably 
        believed to be located outside the United States.
  (d) Targeting Procedures.--
          (1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National 
        Intelligence, shall adopt targeting procedures that are 
        reasonably designed to--
                  (A) ensure that any acquisition authorized 
                under subsection (a) is limited to targeting 
                persons reasonably believed to be located 
                outside the United States; and
                  (B) prevent the intentional acquisition of 
                any communication as to which the sender and 
                all intended recipients are known at the time 
                of the acquisition to be located in the United 
                States.
          (2) Judicial review.--The procedures adopted in 
        accordance with paragraph (1) shall be subject to 
        judicial review pursuant [to subsection (i)] to 
        subsection (j).
  (e) Minimization Procedures.--
          (1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National 
        Intelligence, shall adopt minimization procedures that 
        meet the definition of minimization procedures under 
        section 101(h) or 301(4), as appropriate, for 
        acquisitions authorized under subsection (a).
          (2) Judicial review.--The minimization procedures 
        adopted in accordance with paragraph (1) shall be 
        subject to judicial review pursuant [to subsection (i)] 
        to subsection (j).
          (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.
  (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) Court orders for access of contents from certain 
        queries.--
                  (A) Discretion for fbi to apply for court 
                order.--Before the Federal Bureau of 
                Investigation accesses the contents of 
                communications acquired under subsection (a) 
                that were retrieved using a United States 
                person query term that was not designed to find 
                and extract foreign intelligence information, 
                the Bureau may apply for an order of the Court 
                under subparagraph (C).
                  (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 access 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) Rule of construction.--Nothing in this 
                paragraph may be construed to prohibit the 
                Federal Bureau of Investigation from querying 
                information acquired under subsection (a), or 
                accessing the results of such a query, 
                regardless of whether the Bureau applies for or 
                receives an order under this paragraph.
          (3) Query defined.--In this subsection, the term 
        ``query'' means the use of one or more terms to 
        retrieve the unminimized contents (as defined in 
        section 2510(8) of title 18, United States Code) or 
        noncontents located in electronic and data storage 
        systems of communications of or concerning United 
        States persons obtained through acquisitions authorized 
        under subsection (a).
  [(f)] (g) Guidelines for Compliance With Limitations.--
          (1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National 
        Intelligence, shall adopt guidelines to ensure--
                  (A) compliance with the limitations in 
                subsection (b); and
                  (B) that an application for a court order is 
                filed as required by this Act.
          (2) Submission of guidelines.--The Attorney General 
        shall provide the guidelines adopted in accordance with 
        paragraph (1) to--
                  (A) the congressional intelligence 
                committees;
                  (B) the Committees on the Judiciary of the 
                Senate and the House of Representatives; and
                  (C) the Foreign Intelligence Surveillance 
                Court.
  [(g)] (h) Certification.--
          (1) In general.--
                  (A) Requirement.--Subject to subparagraph 
                (B), prior to the implementation of an 
                authorization under subsection (a), the 
                Attorney General and the Director of National 
                Intelligence shall provide to the Foreign 
                Intelligence Surveillance Court a written 
                certification and any supporting affidavit, 
                under oath and under seal, in accordance with 
                this subsection.
                  (B) Exception.--If the Attorney General and 
                the Director of National Intelligence make a 
                determination under subsection (c)(2) and time 
                does not permit the submission of a 
                certification under this subsection prior to 
                the implementation of an authorization under 
                subsection (a), the Attorney General and the 
                Director of National Intelligence shall submit 
                to the Court a certification for such 
                authorization as soon as practicable but in no 
                event later than 7 days after such 
                determination is made.
          (2) Requirements.--A certification made under this 
        subsection shall--
                  (A) attest that--
                          (i) there are targeting procedures in 
                        place that have been approved, have 
                        been submitted for approval, or will be 
                        submitted with the certification for 
                        approval by the Foreign Intelligence 
                        Surveillance Court that are reasonably 
                        designed to--
                                  (I) ensure that an 
                                acquisition authorized under 
                                subsection (a) is limited to 
                                targeting persons reasonably 
                                believed to be located outside 
                                the United States; and
                                  (II) prevent the intentional 
                                acquisition of any 
                                communication as to which the 
                                sender and all intended 
                                recipients are known at the 
                                time of the acquisition to be 
                                located in the United States;
                          (ii) the minimization procedures to 
                        be used with respect to such 
                        acquisition--
                                  (I) meet the definition of 
                                minimization procedures under 
                                section 101(h) or 301(4), as 
                                appropriate; and
                                  (II) have been approved, have 
                                been submitted for approval, or 
                                will be submitted with the 
                                certification for approval by 
                                the Foreign Intelligence 
                                Surveillance Court;
                          (iii) guidelines have been adopted in 
                        accordance [with subsection (f)] with 
                        subsection (g) to ensure compliance 
                        with the limitations in subsection (b) 
                        and to ensure that an application for a 
                        court order is filed as required by 
                        this Act;
                          (iv) the procedures and guidelines 
                        referred to in clauses (i), (ii), and 
                        (iii) are consistent with the 
                        requirements of the fourth amendment to 
                        the Constitution of the United States;
                          (v) a significant purpose of the 
                        acquisition is to obtain foreign 
                        intelligence information;
                          (vi) the acquisition involves 
                        obtaining foreign intelligence 
                        information from or with the assistance 
                        of an electronic communication service 
                        provider; and
                          (vii) the acquisition complies with 
                        the limitations in subsection (b);
                  (B) include the procedures adopted in 
                accordance with subsections (d) and (e);
                  (C) be supported, as appropriate, by the 
                affidavit of any appropriate official in the 
                area of national security who is--
                          (i) appointed by the President, by 
                        and with the advice and consent of the 
                        Senate; or
                          (ii) the head of an element of the 
                        intelligence community;
                  (D) include--
                          (i) an effective date for the 
                        authorization that is at least 30 days 
                        after the submission of the written 
                        certification to the court; or
                          (ii) if the acquisition has begun or 
                        the effective date is less than 30 days 
                        after the submission of the written 
                        certification to the court, the date 
                        the acquisition began or the effective 
                        date for the acquisition; and
                  (E) if the Attorney General and the Director 
                of National Intelligence make a determination 
                under subsection (c)(2), include a statement 
                that such determination has been made.
          (3) Change in effective date.--The Attorney General 
        and the Director of National Intelligence may advance 
        or delay the effective date referred to in paragraph 
        (2)(D) by submitting an amended certification in 
        accordance [with subsection (i)(1)(C)] with subsection 
        (j)(1)(C) to the Foreign Intelligence Surveillance 
        Court for review pursuant to subsection (i).
          (4) Limitation.--A certification made under this 
        subsection is not required to identify the specific 
        facilities, places, premises, or property at which an 
        acquisition authorized under subsection (a) will be 
        directed or conducted.
          (5) Maintenance of certification.--The Attorney 
        General or a designee of the Attorney General shall 
        maintain a copy of a certification made under this 
        subsection.
          (6) Review.--A certification submitted in accordance 
        with this subsection shall be subject to judicial 
        review pursuant [to subsection (i)] to subsection (j).
  [(h)] (i) Directives and Judicial Review of Directives.--
          (1) Authority.--With respect to an acquisition 
        authorized under subsection (a), the Attorney General 
        and the Director of National Intelligence may direct, 
        in writing, an electronic communication service 
        provider to--
                  (A) immediately provide the Government with 
                all information, facilities, or assistance 
                necessary to accomplish the acquisition in a 
                manner that will protect the secrecy of the 
                acquisition and produce a minimum of 
                interference with the services that such 
                electronic communication service provider is 
                providing to the target of the acquisition; and
                  (B) maintain under security procedures 
                approved by the Attorney General and the 
                Director of National Intelligence any records 
                concerning the acquisition or the aid furnished 
                that such electronic communication service 
                provider wishes to maintain.
          (2) Compensation.--The Government shall compensate, 
        at the prevailing rate, an electronic communication 
        service provider for providing information, facilities, 
        or assistance in accordance with a directive issued 
        pursuant to paragraph (1).
          (3) Release from liability.--No cause of action shall 
        lie in any court against any electronic communication 
        service provider for providing any information, 
        facilities, or assistance in accordance with a 
        directive issued pursuant to paragraph (1).
          (4) Challenging of directives.--
                  (A) Authority to challenge.--An electronic 
                communication service provider receiving a 
                directive issued pursuant to paragraph (1) may 
                file a petition to modify or set aside such 
                directive with the Foreign Intelligence 
                Surveillance Court, which shall have 
                jurisdiction to review such petition.
                  (B) Assignment.--The presiding judge of the 
                Court shall assign a petition filed under 
                subparagraph (A) to 1 of the judges serving in 
                the pool established under section 103(e)(1) 
                not later than 24 hours after the filing of 
                such petition.
                  (C) Standards for review.--A judge 
                considering a petition filed under subparagraph 
                (A) may grant such petition only if the judge 
                finds that the directive does not meet the 
                requirements of this section, or is otherwise 
                unlawful.
                  (D) Procedures for initial review.--A judge 
                shall conduct an initial review of a petition 
                filed under subparagraph (A) not later than 5 
                days after being assigned such petition. If the 
                judge determines that such petition does not 
                consist of claims, defenses, or other legal 
                contentions that are warranted by existing law 
                or by a nonfrivolous argument for extending, 
                modifying, or reversing existing law or for 
                establishing new law, the judge shall 
                immediately deny such petition and affirm the 
                directive or any part of the directive that is 
                the subject of such petition and order the 
                recipient to comply with the directive or any 
                part of it. Upon making a determination under 
                this subparagraph or promptly thereafter, the 
                judge shall provide a written statement for the 
                record of the reasons for such determination.
                  (E) Procedures for plenary review.--If a 
                judge determines that a petition filed under 
                subparagraph (A) requires plenary review, the 
                judge shall affirm, modify, or set aside the 
                directive that is the subject of such petition 
                not later than 30 days after being assigned 
                such petition. If the judge does not set aside 
                the directive, the judge shall immediately 
                affirm or affirm with modifications the 
                directive, and order the recipient to comply 
                with the directive in its entirety or as 
                modified. The judge shall provide a written 
                statement for the record of the reasons for a 
                determination under this subparagraph.
                  (F) Continued effect.--Any directive not 
                explicitly modified or set aside under this 
                paragraph shall remain in full effect.
                  (G) Contempt of court.--Failure to obey an 
                order issued under this paragraph may be 
                punished by the Court as contempt of court.
          (5) Enforcement of directives.--
                  (A) Order to compel.--If an electronic 
                communication service provider fails to comply 
                with a directive issued pursuant to paragraph 
                (1), the Attorney General may file a petition 
                for an order to compel the electronic 
                communication service provider to comply with 
                the directive with the Foreign Intelligence 
                Surveillance Court, which shall have 
                jurisdiction to review such petition.
                  (B) Assignment.--The presiding judge of the 
                Court shall assign a petition filed under 
                subparagraph (A) to 1 of the judges serving in 
                the pool established under section 103(e)(1) 
                not later than 24 hours after the filing of 
                such petition.
                  (C) Procedures for review.--A judge 
                considering a petition filed under subparagraph 
                (A) shall, not later than 30 days after being 
                assigned such petition, issue an order 
                requiring the electronic communication service 
                provider to comply with the directive or any 
                part of it, as issued or as modified, if the 
                judge finds that the directive meets the 
                requirements of this section and is otherwise 
                lawful. The judge shall provide a written 
                statement for the record of the reasons for a 
                determination under this paragraph.
                  (D) Contempt of court.--Failure to obey an 
                order issued under this paragraph may be 
                punished by the Court as contempt of court.
                  (E) Process.--Any process under this 
                paragraph may be served in any judicial 
                district in which the electronic communication 
                service provider may be found.
          (6) Appeal.--
                  (A) Appeal to the court of review.--The 
                Government or an electronic communication 
                service provider receiving a directive issued 
                pursuant to paragraph (1) may file a petition 
                with the Foreign Intelligence Surveillance 
                Court of Review for review of a decision issued 
                pursuant to paragraph (4) or (5). The Court of 
                Review shall have jurisdiction to consider such 
                petition and shall provide a written statement 
                for the record of the reasons for a decision 
                under this subparagraph.
                  (B) Certiorari to the supreme court.--The 
                Government or an electronic communication 
                service provider receiving a directive issued 
                pursuant to paragraph (1) may file a petition 
                for a writ of certiorari for review of a 
                decision of the Court of Review issued under 
                subparagraph (A). The record for such review 
                shall be transmitted under seal to the Supreme 
                Court of the United States, which shall have 
                jurisdiction to review such decision.
  [(i)] (j) Judicial Review of Certifications and Procedures.--
          (1) In general.--
                  (A) Review by the foreign intelligence 
                surveillance court.--The Foreign Intelligence 
                Surveillance Court shall have jurisdiction to 
                review a certification submitted in accordance 
                with subsection (g) and the [targeting and 
                minimization procedures adopted in accordance 
                with subsections (d) and (e)] targeting, 
                minimization, and querying procedures adopted 
                in accordance with subsections (d), (e), and 
                (f)(1), and amendments to such certification or 
                such procedures.
                  (B) Time period for review.--The Court shall 
                review a certification submitted in accordance 
                with subsection (g) and the [targeting and 
                minimization procedures adopted in accordance 
                with subsections (d) and (e)] targeting, 
                minimization, and querying procedures adopted 
                in accordance with subsections (d), (e), and 
                (f)(1) and shall complete such review and issue 
                an order under paragraph (3) not later than 30 
                days after the date on which such certification 
                and such procedures are submitted.
                  (C) Amendments.--The Attorney General and the 
                Director of National Intelligence may amend a 
                certification submitted in accordance with 
                subsection (g) or the [targeting and 
                minimization procedures adopted in accordance 
                with subsections (d) and (e)] targeting, 
                minimization, and querying procedures adopted 
                in accordance with subsections (d), (e), and 
                (f)(1) as necessary at any time, including if 
                the Court is conducting or has completed review 
                of such certification or such procedures, and 
                shall submit the amended certification or 
                amended procedures to the Court not later than 
                7 days after amending such certification or 
                such procedures. The Court shall review any 
                amendment under this subparagraph under the 
                procedures set forth in this subsection. The 
                Attorney General and the Director of National 
                Intelligence may authorize the use of an 
                amended certification or amended procedures 
                pending the Court's review of such amended 
                certification or amended procedures.
          (2) Review.--The Court shall review the following:
                  (A) Certification.--A certification submitted 
                in accordance [with subsection (g)] with 
                subsection (h) to determine whether the 
                certification contains all the required 
                elements.
                  (B) Targeting procedures.--The targeting 
                procedures adopted in accordance with 
                subsection (d) to assess whether the procedures 
                are reasonably designed to--
                          (i) ensure that an acquisition 
                        authorized under subsection (a) is 
                        limited to targeting persons reasonably 
                        believed to be located outside the 
                        United States; and
                          (ii) prevent the intentional 
                        acquisition of any communication as to 
                        which the sender and all intended 
                        recipients are known at the time of the 
                        acquisition to be located in the United 
                        States.
                  (C) Minimization procedures.--The 
                minimization procedures adopted in accordance 
                with subsection (e) to assess whether such 
                procedures meet the definition of minimization 
                procedures under section 101(h) or section 
                301(4), as appropriate.
                  (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.
          (3) Orders.--
                  (A) Approval.--If the Court finds that a 
                certification submitted in accordance [with 
                subsection (g)] with subsection (h) contains 
                all the required elements and that the 
                [targeting and minimization procedures adopted 
                in accordance with subsections (d) and (e)] 
                targeting, minimization, and querying 
                procedures adopted in accordance with 
                subsections (d), (e), and (f)(1) are consistent 
                with the requirements of those subsections and 
                with the fourth amendment to the Constitution 
                of the United States, the Court shall enter an 
                order approving the certification and the use, 
                or continued use in the case of an acquisition 
                authorized pursuant to a determination under 
                subsection (c)(2), of the procedures for the 
                acquisition.
                  (B) Correction of deficiencies.--If the Court 
                finds that a certification submitted in 
                accordance [with subsection (g)] with 
                subsection (h) does not contain all the 
                required elements, or that the procedures 
                adopted in accordance [with subsections (d) and 
                (e)] with subsections (d), (e), and (f)(1) are 
                not consistent with the requirements of those 
                subsections or the fourth amendment to the 
                Constitution of the United States, the Court 
                shall issue an order directing the Government 
                to, at the Government's election and to the 
                extent required by the Court's order--
                          (i) correct any deficiency identified 
                        by the Court's order not later than 30 
                        days after the date on which the Court 
                        issues the order; or
                          (ii) cease, or not begin, the 
                        implementation of the authorization for 
                        which such certification was submitted.
                  (C) Requirement for written statement.--In 
                support of an order under this subsection, the 
                Court shall provide, simultaneously with the 
                order, for the record a written statement of 
                the reasons for the order.
                  (D) Limitation on use of information.--
                          (i) In general.--Except as provided 
                        in clause (ii), if the Court orders a 
                        correction of a deficiency in a 
                        certification or procedures under 
                        subparagraph (B), no information 
                        obtained or evidence derived pursuant 
                        to the part of the certification or 
                        procedures that has been identified by 
                        the Court as deficient concerning any 
                        United States person shall be received 
                        in evidence or otherwise disclosed in 
                        any trial, hearing, or other proceeding 
                        in or before any court, grand jury, 
                        department, office, agency, regulatory 
                        body, legislative committee, or other 
                        authority of the United States, a 
                        State, or political subdivision 
                        thereof, and no information concerning 
                        any United States person acquired 
                        pursuant to such part of such 
                        certification or procedures shall 
                        subsequently be used or disclosed in 
                        any other manner by Federal officers or 
                        employees without the consent of the 
                        United States person, except with the 
                        approval of the Attorney General if the 
                        information indicates a threat of death 
                        or serious bodily harm to any person.
                          (ii) Exception.--If the Government 
                        corrects any deficiency identified by 
                        the order of the Court under 
                        subparagraph (B), the Court may permit 
                        the use or disclosure of information 
                        obtained before the date of the 
                        correction under such minimization 
                        procedures as the Court may approve for 
                        purposes of this clause.
          (4) Appeal.--
                  (A) Appeal to the court of review.--The 
                Government may file a petition with the Foreign 
                Intelligence Surveillance Court of Review for 
                review of an order under this subsection. The 
                Court of Review shall have jurisdiction to 
                consider such petition. For any decision under 
                this subparagraph affirming, reversing, or 
                modifying an order of the Foreign Intelligence 
                Surveillance Court, the Court of Review shall 
                provide for the record a written statement of 
                the reasons for the decision.
                  (B) Continuation of acquisition pending 
                rehearing or appeal.--Any acquisition affected 
                by an order under paragraph (3)(B) may 
                continue--
                          (i) during the pendency of any 
                        rehearing of the order by the Court en 
                        banc; and
                          (ii) if the Government files a 
                        petition for review of an order under 
                        this section, until the Court of Review 
                        enters an order under subparagraph (C).
                  (C) Implementation pending appeal.--Not later 
                than 60 days after the filing of a petition for 
                review of an order under paragraph (3)(B) 
                directing the correction of a deficiency, the 
                Court of Review shall determine, and enter a 
                corresponding order regarding, whether all or 
                any part of the correction order, as issued or 
                modified, shall be implemented during the 
                pendency of the review.
                  (D) Certiorari to the supreme court.--The 
                Government may file a petition for a writ of 
                certiorari for review of a decision of the 
                Court of Review issued under subparagraph (A). 
                The record for such review shall be transmitted 
                under seal to the Supreme Court of the United 
                States, which shall have jurisdiction to review 
                such decision.
          (5) Schedule.--
                  (A) Reauthorization of authorizations in 
                effect.--If the Attorney General and the 
                Director of National Intelligence seek to 
                reauthorize or replace an authorization issued 
                under subsection (a), the Attorney General and 
                the Director of National Intelligence shall, to 
                the extent practicable, submit to the Court the 
                certification prepared in accordance [with 
                subsection (g)] with subsection (h) and the 
                procedures adopted in accordance [with 
                subsections (d) and (e)] with subsections (d), 
                (e), and (f)(1) at least 30 days prior to the 
                expiration of such authorization.
                  (B) Reauthorization of orders, 
                authorizations, and directives.--If the 
                Attorney General and the Director of National 
                Intelligence seek to reauthorize or replace an 
                authorization issued under subsection (a) by 
                filing a certification pursuant to subparagraph 
                (A), that authorization, and any directives 
                issued thereunder and any order related 
                thereto, shall remain in effect, 
                notwithstanding the expiration provided for in 
                subsection (a), until the Court issues an order 
                with respect to such certification under 
                paragraph (3) at which time the provisions of 
                that paragraph and paragraph (4) shall apply 
                with respect to such certification.
  [(j)] (k) Judicial Proceedings.--
          (1) Expedited judicial proceedings.--Judicial 
        proceedings under this section shall be conducted as 
        expeditiously as possible.
          (2) Time limits.--A time limit for a judicial 
        decision in this section shall apply unless the Court, 
        the Court of Review, or any judge of either the Court 
        or the Court of Review, by order for reasons stated, 
        extends that time as necessary for good cause in a 
        manner consistent with national security.
  [(k)] (l) Maintenance and Security of Records and 
Proceedings.--
          (1) Standards.--The Foreign Intelligence Surveillance 
        Court shall maintain a record of a proceeding under 
        this section, including petitions, appeals, orders, and 
        statements of reasons for a decision, under security 
        measures adopted by the Chief Justice of the United 
        States, in consultation with the Attorney General and 
        the Director of National Intelligence.
          (2) Filing and review.--All petitions under this 
        section shall be filed under seal. In any proceedings 
        under this section, the Court shall, upon request of 
        the Government, review ex parte and in camera any 
        Government submission, or portions of a submission, 
        which may include classified information.
          (3) Retention of records.--The Attorney General and 
        the Director of National Intelligence shall retain a 
        directive or an order issued under this section for a 
        period of not less than 10 years from the date on which 
        such directive or such order is issued.
  [(l)] (m) Assesments [and Reviews] Reviews, and Reporting.--
          (1) Semiannual assessment.--Not less frequently than 
        once every 6 months, the Attorney General and Director 
        of National Intelligence shall assess compliance with 
        the [targeting and minimization procedures adopted in 
        accordance with subsections (d) and (e)] targeting, 
        minimization, and querying procedures adopted in 
        accordance with subsections (d), (e), and (f)(1) and 
        the guidelines adopted in accordance [with subsection 
        (f)] with subsection (g) and shall submit each 
        assessment to--
                  (A) the Foreign Intelligence Surveillance 
                Court; and
                  (B) consistent with the Rules of the House of 
                Representatives, the Standing Rules of the 
                Senate, and Senate Resolution 400 of the 94th 
                Congress or any successor Senate resolution--
                          (i) the congressional intelligence 
                        committees; and
                          (ii) the Committees on the Judiciary 
                        of the House of Representatives and the 
                        Senate.
          (2) Agency assessment.--The Inspector General of the 
        Department of Justice and the Inspector General of each 
        element of the intelligence community authorized to 
        acquire foreign intelligence information under 
        subsection (a), with respect to the department or 
        element of such Inspector General--
                  (A) are authorized to review compliance with 
                the [targeting and minimization procedures 
                adopted in accordance with subsections (d) and 
                (e)] targeting, minimization, and querying 
                procedures adopted in accordance with 
                subsections (d), (e), and (f)(1) and the 
                guidelines adopted in accordance [with 
                subsection (f)] with subsection (g);
                  (B) with respect to acquisitions authorized 
                under subsection (a), shall review the number 
                of disseminated intelligence reports containing 
                a reference to a United States-person identity 
                and the number of United States-person 
                identities subsequently disseminated by the 
                element concerned in response to requests for 
                identities that were not referred to by name or 
                title in the original reporting;
                  (C) with respect to acquisitions authorized 
                under subsection (a), shall review the number 
                of targets that were later determined to be 
                located in the United States and, to the extent 
                possible, whether communications of such 
                targets were reviewed; and
                  (D) shall provide each such review to--
                          (i) the Attorney General;
                          (ii) the Director of National 
                        Intelligence; and
                          (iii) consistent with the Rules of 
                        the House of Representatives, the 
                        Standing Rules of the Senate, and 
                        Senate Resolution 400 of the 94th 
                        Congress or any successor Senate 
                        resolution--
                                  (I) the congressional 
                                intelligence committees; and
                                  (II) the Committees on the 
                                Judiciary of the House of 
                                Representatives and the Senate.
          (3) Annual review.--
                  (A) Requirement to conduct.--The head of each 
                element of the intelligence community 
                conducting an acquisition authorized under 
                subsection (a) shall conduct an annual review 
                to determine whether there is reason to believe 
                that foreign intelligence information has been 
                or will be obtained from the acquisition. The 
                annual review shall provide, with respect to 
                acquisitions authorized under subsection (a)--
                          (i) an accounting of the number of 
                        disseminated intelligence reports 
                        containing a reference to a United 
                        States-person identity;
                          (ii) an accounting of the number of 
                        United States-person identities 
                        subsequently disseminated by that 
                        element in response to requests for 
                        identities that were not referred to by 
                        name or title in the original 
                        reporting;
                          (iii) the number of targets that were 
                        later determined to be located in the 
                        United States and, to the extent 
                        possible, whether communications of 
                        such targets were reviewed; and
                          (iv) a description of any procedures 
                        developed by the head of such element 
                        of the intelligence community and 
                        approved by the Director of National 
                        Intelligence to assess, in a manner 
                        consistent with national security, 
                        operational requirements and the 
                        privacy interests of United States 
                        persons, the extent to which the 
                        acquisitions authorized under 
                        subsection (a) acquire the 
                        communications of United States 
                        persons, and the results of any such 
                        assessment.
                  (B) Use of review.--The head of each element 
                of the intelligence community that conducts an 
                annual review under subparagraph (A) shall use 
                each such review to evaluate the adequacy of 
                the minimization procedures utilized by such 
                element and, as appropriate, the application of 
                the minimization procedures to a particular 
                acquisition authorized under subsection (a).
                  (C) Provision of review.--The head of each 
                element of the intelligence community that 
                conducts an annual review under subparagraph 
                (A) shall provide such review to--
                          (i) the Foreign Intelligence 
                        Surveillance Court;
                          (ii) the Attorney General;
                          (iii) the Director of National 
                        Intelligence; and
                          (iv) consistent with the Rules of the 
                        House of Representatives, the Standing 
                        Rules of the Senate, and Senate 
                        Resolution 400 of the 94th Congress or 
                        any successor Senate resolution--
                                  (I) the congressional 
                                intelligence committees; and
                                  (II) the Committees on the 
                                Judiciary of the House of 
                                Representatives and the Senate.
          (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 
                        reference to, but is not to or from, a 
                        facility, a place, premises, or 
                        property at which an acquisition 
                        authorized under subsection (a) is 
                        directed or conducted.
                          (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.

           *       *       *       *       *       *       *


SEC. 705. JOINT APPLICATIONS AND CONCURRENT AUTHORIZATIONS.

  (a) Joint Applications and Orders.--If an acquisition 
targeting a United States person under section 703 or 704 is 
proposed to be conducted both inside and outside the United 
States, a judge having jurisdiction under section 703(a)(1) or 
704(a)(1) may issue simultaneously, upon the request of the 
Government in a joint application complying with the 
requirements of sections 703(b) and 704(b), orders under 
sections 703(c) and 704(c), as appropriate.
  (b) Concurrent Authorization.--If an order authorizing 
electronic surveillance or physical search has been obtained 
under section 105 or 304, the Attorney General may authorize, 
for the effective period of that order, without an order under 
section 703 or 704, the targeting of that United States person 
for the purpose of acquiring foreign intelligence information 
while such person is reasonably believed to be located outside 
the United States.
  (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 304 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. 706. USE OF INFORMATION ACQUIRED UNDER TITLE VII.

  (a) Information Acquired Under Section 702.--[Information 
acquired]
          (1) In general._Information acquired  from an 
        acquisition conducted under section 702 shall be deemed 
        to be information acquired from an electronic 
        surveillance pursuant to title I for purposes of 
        section 106, except for the purposes of subsection (j) 
        of such section.
          (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) Information Acquired Under Section 703.--Information 
acquired from an acquisition conducted under section 703 shall 
be deemed to be information acquired from an electronic 
surveillance pursuant to title I for purposes of section 106.

SEC. 707. CONGRESSIONAL OVERSIGHT.

  (a) Semiannual Report.--Not less frequently than once every 6 
months, the Attorney General shall fully inform, in a manner 
consistent with national security, the congressional 
intelligence committees and the Committees on the Judiciary of 
the Senate and the House of Representatives, consistent with 
the Rules of the House of Representatives, the Standing Rules 
of the Senate, and Senate Resolution 400 of the 94th Congress 
or any successor Senate resolution, concerning the 
implementation of this title.
  (b) Content.--Each report under subsection (a) shall 
include--
          (1) with respect to section 702--
                  (A) any certifications submitted in 
                accordance with [section 702(g)] section 702(h) 
                during the reporting period;
                  (B) with respect to each determination under 
                section 702(c)(2), the reasons for exercising 
                the authority under such section;
                  (C) any directives issued under [section 
                702(h)] section 702(i) during the reporting 
                period;
                  (D) a description of the judicial review 
                during the reporting period of such 
                certifications and targeting and minimization 
                procedures adopted in accordance with 
                subsections (d) and (e) of section 702 and 
                utilized with respect to an acquisition under 
                such section, including a copy of an order or 
                pleading in connection with such review that 
                contains a significant legal interpretation of 
                the provisions of section 702;
                  (E) any actions taken to challenge or enforce 
                a directive under paragraph (4) or (5) of 
                [section 702(h)] section 702(i);
                  (F) any compliance reviews conducted by the 
                Attorney General or the Director of National 
                Intelligence of acquisitions authorized under 
                section 702(a);
                  (G) a description of any incidents of 
                noncompliance--
                          (i) with a directive issued by the 
                        Attorney General and the Director of 
                        National Intelligence under [section 
                        702(h)] section 702(i), including 
                        incidents of noncompliance by a 
                        specified person to whom the Attorney 
                        General and Director of National 
                        Intelligence issued a directive under 
                        [section 702(h)] section 702(i); and
                          (ii) by an element of the 
                        intelligence community with procedures 
                        and guidelines adopted in accordance 
                        with [subsections (d), (e), and (f)] 
                        subsections (d), (e), (f)(1), and (g) 
                        of section 702; and
                  (H) any procedures implementing section 702;
          (2) with respect to section 703--
                  (A) the total number of applications made for 
                orders under section 703(b);
                  (B) the total number of such orders--
                          (i) granted;
                          (ii) modified; and
                          (iii) denied; and
                  (C) the total number of emergency 
                acquisitions authorized by the Attorney General 
                under section 703(d) and the total number of 
                subsequent orders approving or denying such 
                acquisitions; and
          (3) with respect to section 704--
                  (A) the total number of applications made for 
                orders under section 704(b);
                  (B) the total number of such orders--
                          (i) granted;
                          (ii) modified; and
                          (iii) denied; and
                  (C) the total number of emergency 
                acquisitions authorized by the Attorney General 
                under section 704(d) and the total number of 
                subsequent orders approving or denying such 
                applications.

           *       *       *       *       *       *       *


       TITLE VIII--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

SEC. 801. DEFINITIONS.

   In this title:
          (1) Assistance.--The term ``assistance'' means the 
        provision of, or the provision of access to, 
        information (including communication contents, 
        communications records, or other information relating 
        to a customer or communication), facilities, or another 
        form of assistance.
          (2) Civil action.--The term ``civil action'' includes 
        a covered civil action.
          (3) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                  (A) the Select Committee on Intelligence of 
                the Senate; and
                  (B) the Permanent Select Committee on 
                Intelligence of the House of Representatives.
          (4) Contents.--The term ``contents'' has the meaning 
        given that term in section 101(n).
          (5) Covered civil action.--The term ``covered civil 
        action'' means a civil action filed in a Federal or 
        State court that--
                  (A) alleges that an electronic communication 
                service provider furnished assistance to an 
                element of the intelligence community; and
                  (B) seeks monetary or other relief from the 
                electronic communication service provider 
                related to the provision of such assistance.
          (6) Electronic communication service provider.--The 
        term ``electronic communication service provider'' 
        means--
                  (A) a telecommunications carrier, as that 
                term is defined in section 3 of the 
                Communications Act of 1934 (47 U.S.C. 153);
                  (B) a provider of electronic communication 
                service, as that term is defined in section 
                2510 of title 18, United States Code;
                  (C) a provider of a remote computing service, 
                as that term is defined in section 2711 of 
                title 18, United States Code;
                  (D) any other communication service provider 
                who has access to wire or electronic 
                communications either as such communications 
                are transmitted or as such communications are 
                stored;
                  (E) a parent, subsidiary, affiliate, 
                successor, or assignee of an entity described 
                in subparagraph (A), (B), (C), or (D); or
                  (F) an officer, employee, or agent of an 
                entity described in subparagraph (A), (B), (C), 
                (D), or (E).
          (7) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 
        3(4) of the National Security Act of 1947 [(50 U.S.C. 
        401a(4))] (50 U.S.C. 3003(4)).
          (8) Person.--The term ``person'' means--
                  (A) an electronic communication service 
                provider; or
                  (B) a landlord, custodian, or other person 
                who may be authorized or required to furnish 
                assistance pursuant to--
                          (i) an order of the court established 
                        under section 103(a) directing such 
                        assistance;
                          (ii) a certification in writing under 
                        section 2511(2)(a)(ii)(B) or 2709(b) of 
                        title 18, United States Code; or
                          (iii) a directive under section 
                        102(a)(4), 105B(e), as added by section 
                        2 of the Protect America Act of 2007 
                        (Public Law 110-55), or 702(h).
          (9) State.--The term ``State'' means any State, 
        political subdivision of a State, the Commonwealth of 
        Puerto Rico, the District of Columbia, and any 
        territory or possession of the United States, and 
        includes any officer, public utility commission, or 
        other body authorized to regulate an electronic 
        communication service provider.

           *       *       *       *       *       *       *

                              ----------                              


FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 AMENDMENTS ACT OF 2008

           *       *       *       *       *       *       *



TITLE IV--OTHER PROVISIONS

           *       *       *       *       *       *       *


SEC. 404. TRANSITION PROCEDURES.

  (a) Transition Procedures for Protect America Act of 2007 
Provisions.--
          (1) Continued effect of orders, authorizations, 
        directives.--Except as provided in paragraph (7), 
        notwithstanding any other provision of law, any order, 
        authorization, or directive issued or made pursuant to 
        section 105B of the Foreign Intelligence Surveillance 
        Act of 1978, as added by section 2 of the Protect 
        America Act of 2007 (Public Law 110-55; 121 Stat. 552), 
        shall continue in effect until the expiration of such 
        order, authorization, or directive.
          (2) Applicability of protect america act of 2007 to 
        continued orders, authorizations, directives.--
        Notwithstanding any other provision of this Act, any 
        amendment made by this Act, or the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)--
                  (A) subject to paragraph (3), section 105A of 
                such Act, as added by section 2 of the Protect 
                America Act of 2007 (Public Law 110-55; 121 
                Stat. 552), shall continue to apply to any 
                acquisition conducted pursuant to an order, 
                authorization, or directive referred to in 
                paragraph (1); and
                  (B) sections 105B and 105C of the Foreign 
                Intelligence Surveillance Act of 1978, as added 
                by sections 2 and 3, respectively, of the 
                Protect America Act of 2007, shall continue to 
                apply with respect to an order, authorization, 
                or directive referred to in paragraph (1) until 
                the later of--
                          (i) the expiration of such order, 
                        authorization, or directive; or
                          (ii) the date on which final judgment 
                        is entered for any petition or other 
                        litigation relating to such order, 
                        authorization, or directive.
          (3) Use of information.--Information acquired from an 
        acquisition conducted pursuant to an order, 
        authorization, or directive referred to in paragraph 
        (1) shall be deemed to be information acquired from an 
        electronic surveillance pursuant to title I of the 
        Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.) for purposes of section 106 of 
        such Act (50 U.S.C. 1806), except for purposes of 
        subsection (j) of such section.
          (4) Protection from liability.--Subsection (l) of 
        section 105B of the Foreign Intelligence Surveillance 
        Act of 1978, as added by section 2 of the Protect 
        America Act of 2007, shall continue to apply with 
        respect to any directives issued pursuant to such 
        section 105B.
          (5) Jurisdiction of foreign intelligence surveillance 
        court.--Notwithstanding any other provision of this Act 
        or of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1801 et seq.), section 103(e) of the Foreign 
        Intelligence Surveillance Act (50 U.S.C. 1803(e)), as 
        amended by section 5(a) of the Protect America Act of 
        2007 (Public Law 110-55; 121 Stat. 556), shall continue 
        to apply with respect to a directive issued pursuant to 
        section 105B of the Foreign Intelligence Surveillance 
        Act of 1978, as added by section 2 of the Protect 
        America Act of 2007, until the later of--
                  (A) the expiration of all orders, 
                authorizations, or directives referred to in 
                paragraph (1); or
                  (B) the date on which final judgment is 
                entered for any petition or other litigation 
                relating to such order, authorization, or 
                directive.
          (6) Reporting requirements.--
                  (A) Continued applicability.--Notwithstanding 
                any other provision of this Act, any amendment 
                made by this Act, the Protect America Act of 
                2007 (Public Law 110-55), or the Foreign 
                Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801 et seq.), section 4 of the Protect 
                America Act of 2007 shall continue to apply 
                until the date that the certification described 
                in subparagraph (B) is submitted.
                  (B) Certification.--The certification 
                described in this subparagraph is a 
                certification--
                          (i) made by the Attorney General;
                          (ii) submitted as part of a semi-
                        annual report required by section 4 of 
                        the Protect America Act of 2007;
                          (iii) that states that there will be 
                        no further acquisitions carried out 
                        under section 105B of the Foreign 
                        Intelligence Surveillance Act of 1978, 
                        as added by section 2 of the Protect 
                        America Act of 2007, after the date of 
                        such certification; and
                          (iv) that states that the information 
                        required to be included under such 
                        section 4 relating to any acquisition 
                        conducted under such section 105B has 
                        been included in a semi-annual report 
                        required by such section 4.
          (7) Replacement of orders, authorizations, and 
        directives.--
                  (A) In general.--If the Attorney General and 
                the Director of National Intelligence seek to 
                replace an authorization issued pursuant to 
                section 105B of the Foreign Intelligence 
                Surveillance Act of 1978, as added by section 2 
                of the Protect America Act of 2007 (Public Law 
                110-55), with an authorization under section 
                702 of the Foreign Intelligence Surveillance 
                Act of 1978 (as added by section 101(a) of this 
                Act), the Attorney General and the Director of 
                National Intelligence shall, to the extent 
                practicable, submit to the Foreign Intelligence 
                Surveillance Court (as such term is defined in 
                section 701(b)(2) of such Act (as so added)) a 
                certification prepared in accordance with 
                subsection (g) of such section 702 and the 
                procedures adopted in accordance with 
                subsections (d) and (e) of such section 702 at 
                least 30 days before the expiration of such 
                authorization.
                  (B) Continuation of existing orders.--If the 
                Attorney General and the Director of National 
                Intelligence seek to replace an authorization 
                made pursuant to section 105B of the Foreign 
                Intelligence Surveillance Act of 1978, as added 
                by section 2 of the Protect America Act of 2007 
                (Public Law 110-55; 121 Stat. 522), by filing a 
                certification in accordance with subparagraph 
                (A), that authorization, and any directives 
                issued thereunder and any order related 
                thereto, shall remain in effect, 
                notwithstanding the expiration provided for in 
                subsection (a) of such section 105B, until the 
                Foreign Intelligence Surveillance Court (as 
                such term is defined in section 701(b)(2) of 
                the Foreign Intelligence Surveillance Act of 
                1978 (as so added)) issues an order with 
                respect to that certification [under section 
                702(i)(3)] under section 702(j)(3) of such Act 
                (as so added) at which time the provisions of 
                that section and [of section 702(i)(4)] of 
                section 702(j)(4) of such Act (as so added) 
                shall apply.
          (8) Effective date.--Paragraphs (1) through (7) shall 
        take effect as if enacted on August 5, 2007.
  (b) Transition Procedures for FISA Amendments Act of 2008 
Provisions.--
          (1) Orders in effect on december 31, 2017.--
        Notwithstanding any other provision of this Act, any 
        amendment made by this Act, or the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), any 
        order, authorization, or directive issued or made under 
        title VII of the Foreign Intelligence Surveillance Act 
        of 1978, as amended by section 101(a), shall continue 
        in effect until the date of the expiration of such 
        order, authorization, or directive.
          (2) Applicability of title vii of fisa to continued 
        orders, authorizations, directives.--Notwithstanding 
        any other provision of this Act, any amendment made by 
        this Act, or the Foreign Intelligence Surveillance Act 
        of 1978 (50 U.S.C. 1801 et seq.), with respect to any 
        order, authorization, or directive referred to in 
        paragraph (1), title VII of such Act, as amended by 
        section 101(a), shall continue to apply until the later 
        of--
                  (A) the expiration of such order, 
                authorization, or directive; or
                  (B) the date on which final judgment is 
                entered for any petition or other litigation 
                relating to such order, authorization, or 
                directive.
          (3) Challenge of directives; protection from 
        liability; use of information.--Notwithstanding any 
        other provision of this Act or of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
        et seq.)--
                  (A) section 103(e) of such Act, as amended by 
                section 403(a)(1)(B)(ii), shall continue to 
                apply with respect to any directive issued 
                pursuant [to section 702(h)] to section 702(i) 
                of such Act, as added by section 101(a);
                  (B) [section 702(h)(3) of] section 702(i)(3) 
                of such Act (as so added) shall continue to 
                apply with respect to any directive issued 
                pursuant [to section 702(h)] to section 702(i) 
                of such Act (as so added);
                  (C) section 703(e) of such Act (as so added) 
                shall continue to apply with respect to an 
                order or request for emergency assistance under 
                that section;
                  (D) section 706 of such Act (as so added) 
                shall continue to apply to an acquisition 
                conducted under section 702 or 703 of such Act 
                (as so added); and
                  (E) section 2511(2)(a)(ii)(A) of title 18, 
                United States Code, as amended by section 
                101(c)(1), shall continue to apply to an order 
                issued pursuant to section 704 of the Foreign 
                Intelligence Surveillance Act of 1978, as added 
                by section 101(a).
          (4) Reporting requirements.--
                  (A) Continued applicability.--Notwithstanding 
                any other provision of this Act or of the 
                Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801 et seq.), section 601(a) of 
                such Act (50 U.S.C. 1871(a)), as amended by 
                section 101(c)(2), [and sections 702(l)] and 
                sections 702(m) and 707 of such Act, as added 
                by section 101(a), shall continue to apply 
                until the date that the certification described 
                in subparagraph (B) is submitted.
                  (B) Certification.--The certification 
                described in this subparagraph is a 
                certification--
                          (i) made by the Attorney General;
                          (ii) submitted to the Select 
                        Committee on Intelligence of the 
                        Senate, the Permanent Select Committee 
                        on Intelligence of the House of 
                        Representatives, and the Committees on 
                        the Judiciary of the Senate and the 
                        House of Representatives;
                          (iii) that states that there will be 
                        no further acquisitions carried out 
                        under title VII of the Foreign 
                        Intelligence Surveillance Act of 1978, 
                        as amended by section 101(a), after the 
                        date of such certification; and
                          (iv) that states that the information 
                        required to be included in a review, 
                        assessment, or report under section 601 
                        of such Act, as amended by section 
                        101(c), [or section 702(l)] or section 
                        702(m) or 707 of such Act, as added by 
                        section 101(a), relating to any 
                        acquisition conducted under title VII 
                        of such Act, as amended by section 
                        101(a), has been included in a review, 
                        assessment, or report under such 
                        section 601, 702(l), or 707.
          (5) Transition procedures concerning the targeting of 
        united states persons overseas.--Any authorization in 
        effect on the date of enactment of this Act under 
        section 2.5 of Executive Order 12333 to intentionally 
        target a United States person reasonably believed to be 
        located outside the United States shall continue in 
        effect, and shall constitute a sufficient basis for 
        conducting such an acquisition targeting a United 
        States person located outside the United States until 
        the earlier of--
                  (A) the date that authorization expires; or
                  (B) the date that is 90 days after the date 
                of the enactment of this Act.
                              ----------                              


                     NATIONAL SECURITY ACT OF 1947


                              short title

  That this Act may be cited as the ``National Security Act of 
1947''.

                            TABLE OF CONTENTS

Sec. 2. Declaration of policy.
     * * * * * * *

           Title V--Accountability for Intelligence Activities

     * * * * * * *
Sec. 511. Annual report on violations of law or executive order.
Sec. 512. Procedures regarding dissemination of nonpublicly available 
          information concerning United States persons.

           *       *       *       *       *       *       *


TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

           *       *       *       *       *       *       *



SEC. 512. PROCEDURES REGARDING DISSEMINATION OF NONPUBLICLY AVAILABLE 
                    INFORMATION CONCERNING UNITED STATES PERSONS.

  (a) Procedures.--The head of each element of the intelligence 
community, in consultation with the Director of National 
Intelligence, shall develop and maintain procedures for that 
element to respond to covered requests.
  (b) Requirements.--The procedures under subsection (a) shall 
ensure, at a minimum, the following:
          (1) The originating element documents in writing each 
        covered request received by the element, including--
                  (A) the name or title of the individual of 
                the requesting element who is making the 
                request;
                  (B) the name or title of each individual who 
                will receive the United States person identity 
                information sought by the covered request; and
                  (C) a fact-based justification describing why 
                such United States person identity information 
                is required by each individual described in 
                subparagraph (B) to carry out the duties of the 
                individual.
          (2) A covered request may only be approved by the 
        head of the originating element or by officers or 
        employees of such element to whom the head has 
        specifically delegated such authority.
          (3) The originating element retains records on 
        covered requests, including the disposition of such 
        requests, for not less than 5 years.
          (4) The records described in paragraph (3) include, 
        with respect to approved covered requests, the name or 
        title of the individual of the originating element who 
        approved such request.
          (5) The procedures include an exception that--
                  (A) allows for the immediate disclosure of 
                United States person identity information in 
                the event of exigent circumstances or where a 
                delay could result in the loss of intelligence; 
                and
                  (B) requires that promptly after such 
                disclosure the requesting element makes a 
                covered request with respect to such 
                information.
          (6) If a covered request is made during a period 
        beginning on the date of a general election for 
        President and ending on the date on which such 
        President is inaugurated--
                  (A) the documentation under paragraph (1) 
                includes whether--
                          (i) the individual of a requesting 
                        element who is making the request knows 
                        or believes that any United States 
                        person identity sought by the request 
                        is of an individual who is a member of 
                        the transition team of the President-
                        elect and Vice-President-elect; or
                          (ii) based on the intelligence 
                        community report to which the request 
                        pertains, the originating element knows 
                        or reasonably believes that any United 
                        States person identity sought by the 
                        request is of an individual who is a 
                        member of the transition team of the 
                        President-elect and Vice-President-
                        elect;
                  (B) the approval made pursuant to paragraph 
                (2) of a covered request that contains a United 
                States person identity described in 
                subparagraph (A) is subject to the concurrence 
                of the general counsel of the originating 
                element (or, in the absence of the general 
                counsel, the first assistant general counsel) 
                that the dissemination of such identity 
                information is in accordance with the 
                procedures under subsection (a); and
                  (C) consistent with due regard for the 
                protection from unauthorized disclosure of 
                classified information relating to sensitive 
                intelligence sources and methods or other 
                exceptionally sensitive matters, the head of 
                the originating element notifies the chairmen 
                and ranking minority members of the 
                congressional intelligence committees of any 
                approval described in subparagraph (B) by not 
                later than 14 days after the date of such 
                approval.
  (c) Annual Reports.--Not later than April 30 of each year, 
the head of each element of the intelligence community shall 
submit to the congressional intelligence committees a report 
documenting, with respect to the year covered by the report--
          (1) the total number of covered requests received by 
        that element;
          (2) of such total number, the number of requests 
        approved;
          (3) of such total number, the number of requests 
        denied; and
          (4) for each number calculated under paragraphs (1) 
        through (3), the number listed by each requesting 
        element.
  (d) Certain Procedures Regarding Congressional Identity 
Information.--
          (1) Requirements.--With respect to the dissemination 
        of congressional identity information, the head of each 
        element of the intelligence community shall carry out 
        this section in accordance with annex A of Intelligence 
        Community Directive 112, or successor annex or 
        directive.
          (2) Notification.--The Director of National 
        Intelligence may not modify or supersede annex A of 
        Intelligence Community Directive 112, or successor 
        annex or directive, unless--
                  (A) the Director notifies the congressional 
                intelligence committees of the proposed 
                modifications or new annex or directive; and
                  (B) a period of 30 days elapses following 
                such notification.
  (e) Effect on Minimization Procedures.--The requirements of 
this section are in addition to any minimization procedures 
established pursuant to the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.), Executive Order No. 12333 
(50 U.S.C. 3001 note), or successor order, or other relevant 
provision of law or executive order.
  (f) Definitions.--In this section:
          (1) The term ``covered request'' means a request by a 
        requesting element to an originating element for 
        nonpublic identifying information with respect to a 
        known unconsenting United States person that was 
        omitted from an intelligence community report 
        disseminated by the originating element.
          (2) The term ``originating element'' means an element 
        of the intelligence community that disseminates an 
        intelligence community report that contains a reference 
        to a known unconsenting United States person but omits 
        nonpublic identifying information with respect to such 
        person.
          (3) The term ``requesting element'' means an element 
        of the United States Government that receives an 
        intelligence community report from an originating 
        element and makes a covered request with respect to 
        such report.
          (4) The term ``United States person'' has the meaning 
        given the term in section 101 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

           *       *       *       *       *       *       *


TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *



SEC. 1104. PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE 
                    COMMUNITY.

  (a) Definitions.--In this section:
          (1) Agency.--The term ``agency'' means an executive 
        department or independent establishment, as defined 
        under sections 101 and 104 of title 5, United States 
        Code, that contains an intelligence community element, 
        except the Federal Bureau of Investigation.
          (2) Covered intelligence community element.--The term 
        ``covered intelligence community element''--
                  (A) means--
                          (i) the Central Intelligence Agency, 
                        the Defense Intelligence Agency, the 
                        National Geospatial-Intelligence 
                        Agency, the National Security Agency, 
                        the Office of the Director of National 
                        Intelligence, and the National 
                        Reconnaissance Office; and
                          (ii) any executive agency or unit 
                        thereof determined by the President 
                        under section 2302(a)(2)(C)(ii) of 
                        title 5, United States Code, to have as 
                        its principal function the conduct of 
                        foreign intelligence or 
                        counterintelligence activities; and
                  (B) does not include the Federal Bureau of 
                Investigation.
          (3) Personnel action.--The term ``personnel action'' 
        means, with respect to an employee in a position in a 
        covered intelligence community element (other than a 
        position excepted from the competitive service due to 
        its confidential, policy-determining, policymaking, or 
        policy-advocating character) or a contractor employee--
                  (A) an appointment;
                  (B) a promotion;
                  (C) a disciplinary or corrective action;
                  (D) a detail, transfer, or reassignment;
                  (E) a demotion, suspension, or termination;
                  (F) a reinstatement or restoration;
                  (G) a performance evaluation;
                  (H) a decision concerning pay, benefits, or 
                awards;
                  (I) a decision concerning education or 
                training if such education or training may 
                reasonably be expected to lead to an 
                appointment, promotion, or performance 
                evaluation; or
                  (J) any other significant change in duties, 
                responsibilities, or working conditions.
          (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.
  (b)  [In General.--] Agency Employees._Any employee of an 
agency 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 employee of a covered intelligence 
community element as a reprisal for a lawful disclosure of 
information by the 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 employing agency 
(or an employee designated by the head of that agency for such 
purpose), the appropriate inspector general of the employing 
agency, a congressional intelligence committee, or a member of 
a congressional intelligence committee, which the employee 
reasonably believes evidences--
          (1) a violation of any Federal law, rule, or 
        regulation; or
          (2) mismanagement, a gross waste of funds, an abuse 
        of authority, or a substantial and specific danger to 
        public health or safety.
  (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.
  [(c)] (d) Enforcement.--The President shall provide for the 
enforcement of this section.
  [(d)] (e) Existing Rights Preserved.--Nothing in this section 
shall be construed to--
          (1) preempt or preclude any employee, contractor 
        employee, or applicant for employment, at the Federal 
        Bureau of Investigation from exercising rights provided 
        under any other law, rule, or regulation, including 
        section 2303 of title 5, United States Code; or
          (2) repeal section 2303 of title 5, United States 
        Code.
                              ----------                              


INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

           *       *       *       *       *       *       *



TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

           *       *       *       *       *       *       *


                Subtitle F--Privacy and Civil Liberties

SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

  (a) In General.--There is established as an independent 
agency within the executive branch a Privacy and Civil 
Liberties Oversight Board (referred to in this section as the 
``Board'').
  (b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, 
Congress makes the following findings:
          (1) In conducting the war on terrorism, the 
        Government may need additional powers and may need to 
        enhance the use of its existing powers.
          (2) This shift of power and authority to the 
        Government calls for an enhanced system of checks and 
        balances to protect the precious liberties that are 
        vital to our way of life and to ensure that the 
        Government uses its powers for the purposes for which 
        the powers were given.
          (3) The National Commission on Terrorist Attacks Upon 
        the United States correctly concluded that ``The choice 
        between security and liberty is a false choice, as 
        nothing is more likely to endanger America's liberties 
        than the success of a terrorist attack at home. Our 
        history has shown us that insecurity threatens liberty. 
        Yet, if our liberties are curtailed, we lose the values 
        that we are struggling to defend.''.
  (c) Purpose.--The Board shall--
          (1) analyze and review actions the executive branch 
        takes to protect the Nation from terrorism, ensuring 
        that the need for such actions is balanced with the 
        need to protect privacy and civil liberties; and
          (2) ensure that liberty concerns are appropriately 
        considered in the development and implementation of 
        laws, regulations, and policies related to efforts to 
        protect the Nation against terrorism.
  (d) Functions.--
          (1) Advice and counsel on policy development and 
        implementation.--The Board shall--
                  (A) review proposed legislation, regulations, 
                and policies related to efforts to protect the 
                Nation from terrorism, including the 
                development and adoption of information sharing 
                guidelines under subsections (d) and (f) of 
                section 1016;
                  (B) review the implementation of new and 
                existing legislation, regulations, and policies 
                related to efforts to protect the Nation from 
                terrorism, including the implementation of 
                information sharing guidelines under 
                subsections (d) and (f) of section 1016;
                  (C) advise the President and the departments, 
                agencies, and elements of the executive branch 
                to ensure that privacy and civil liberties are 
                appropriately considered in the development and 
                implementation of such legislation, 
                regulations, policies, and guidelines; and
                  (D) in providing advice on proposals to 
                retain or enhance a particular governmental 
                power, consider whether the department, agency, 
                or element of the executive branch has 
                established--
                          (i) that the need for the power is 
                        balanced with the need to protect 
                        privacy and civil liberties;
                          (ii) that there is adequate 
                        supervision of the use by the executive 
                        branch of the power to ensure 
                        protection of privacy and civil 
                        liberties; and
                          (iii) that there are adequate 
                        guidelines and oversight to properly 
                        confine its use.
          (2) Oversight.--The Board shall continually review--
                  (A) the regulations, policies, and 
                procedures, and the implementation of the 
                regulations, policies, and procedures, of the 
                departments, agencies, and elements of the 
                executive branch relating to efforts to protect 
                the Nation from terrorism to ensure that 
                privacy and civil liberties are protected;
                  (B) the information sharing practices of the 
                departments, agencies, and elements of the 
                executive branch relating to efforts to protect 
                the Nation from terrorism to determine whether 
                they appropriately protect privacy and civil 
                liberties and adhere to the information sharing 
                guidelines issued or developed under 
                subsections (d) and (f) of section 1016 and to 
                other governing laws, regulations, and policies 
                regarding privacy and civil liberties; and
                  (C) other actions by the executive branch 
                relating to efforts to protect the Nation from 
                terrorism to determine whether such actions--
                          (i) appropriately protect privacy and 
                        civil liberties; and
                          (ii) are consistent with governing 
                        laws, regulations, and policies 
                        regarding privacy and civil liberties.
          (3) Relationship with privacy and civil liberties 
        officers.--The Board shall--
                  (A) receive and review reports and other 
                information from privacy officers and civil 
                liberties officers under section 1062;
                  (B) when appropriate, make recommendations to 
                such privacy officers and civil liberties 
                officers regarding their activities; and
                  (C) when appropriate, coordinate the 
                activities of such privacy officers and civil 
                liberties officers on relevant interagency 
                matters.
          (4) Testimony.--The members of the Board shall appear 
        and testify before Congress upon request.
  (e) Reports.--
          (1) In general.--The Board shall--
                  (A) receive and review reports from privacy 
                officers and civil liberties officers under 
                section 1062; and
                  (B) periodically submit, not less than 
                semiannually, reports--
                          (i)(I) to the appropriate committees 
                        of Congress, including the Committee on 
                        the Judiciary of the Senate, the 
                        Committee on the Judiciary of the House 
                        of Representatives, the Committee on 
                        Homeland Security and Governmental 
                        Affairs of the Senate, the Committee on 
                        Homeland Security of the House of 
                        Representatives, the Committee on 
                        Oversight and Government Reform of the 
                        House of Representatives, the Select 
                        Committee on Intelligence of the 
                        Senate, and the Permanent Select 
                        Committee on Intelligence of the House 
                        of Representatives; and
                          (II) to the President; and
                          (ii) which shall be in unclassified 
                        form to the greatest extent possible, 
                        with a classified annex where 
                        necessary.
          (2) Contents.--Not less than 2 reports submitted each 
        year under paragraph (1)(B) shall include--
                  (A) a description of the major activities of 
                the Board during the preceding period;
                  (B) information on the findings, conclusions, 
                and recommendations of the Board resulting from 
                its advice and oversight functions under 
                subsection (d);
                  (C) the minority views on any findings, 
                conclusions, and recommendations of the Board 
                resulting from its advice and oversight 
                functions under subsection (d);
                  (D) each proposal reviewed by the Board under 
                subsection (d)(1) that--
                          (i) the Board advised against 
                        implementation; and
                          (ii) notwithstanding such advice, 
                        actions were taken to implement; and
                  (E) for the preceding period, any requests 
                submitted under subsection (g)(1)(D) for the 
                issuance of subpoenas that were modified or 
                denied by the Attorney General.
  (f) Informing the Public.--[The Board shall] The Board--
          (1) [make its] shall make its reports, including its 
        reports to Congress, available to the public to the 
        greatest extent that is consistent with the protection 
        of classified information and applicable law; and
          (2) [hold public] shall hold public hearings and 
        otherwise inform the public of its activities, as 
        appropriate and in a manner consistent with the 
        protection of classified information and applicable 
        law, 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.
  (g) Access to Information.--
          (1) Authorization.--If determined by the Board to be 
        necessary to carry out its responsibilities under this 
        section, the Board is authorized to--
                  (A) have access from any department, agency, 
                or element of the executive branch, or any 
                Federal officer or employee of any such 
                department, agency, or element, to all relevant 
                records, reports, audits, reviews, documents, 
                papers, recommendations, or other relevant 
                material, including classified information 
                consistent with applicable law;
                  (B) interview, take statements from, or take 
                public testimony from personnel of any 
                department, agency, or element of the executive 
                branch, or any Federal officer or employee of 
                any such department, agency, or element;
                  (C) request information or assistance from 
                any State, tribal, or local government; and
                  (D) at the direction of a majority of the 
                members of the Board, submit a written request 
                to the Attorney General of the United States 
                that the Attorney General require, by subpoena, 
                persons (other than departments, agencies, and 
                elements of the executive branch) to produce 
                any relevant information, documents, reports, 
                answers, records, accounts, papers, and other 
                documentary or testimonial evidence.
          (2) Review of subpoena request.--
                  (A) In general.--Not later than 30 days after 
                the date of receipt of a request by the Board 
                under paragraph (1)(D), the Attorney General 
                shall--
                          (i) issue the subpoena as requested; 
                        or
                          (ii) provide the Board, in writing, 
                        with an explanation of the grounds on 
                        which the subpoena request has been 
                        modified or denied.
                  (B) Notification.--If a subpoena request is 
                modified or denied under subparagraph (A)(ii), 
                the Attorney General shall, not later than 30 
                days after the date of that modification or 
                denial, notify the Committee on the Judiciary 
                of the Senate and the Committee on the 
                Judiciary of the House of Representatives.
          (3) Enforcement of subpoena.--In the case of 
        contumacy or failure to obey a subpoena issued pursuant 
        to paragraph (1)(D), the United States district court 
        for the judicial district in which the subpoenaed 
        person resides, is served, or may be found may issue an 
        order requiring such person to produce the evidence 
        required by such subpoena.
          (4) Agency cooperation.--Whenever information or 
        assistance requested under subparagraph (A) or (B) of 
        paragraph (1) is, in the judgment of the Board, 
        unreasonably refused or not provided, the Board shall 
        report the circumstances to the head of the department, 
        agency, or element concerned without delay. The head of 
        the department, agency, or element concerned shall 
        ensure that the Board is given access to the 
        information, assistance, material, or personnel the 
        Board determines to be necessary to carry out its 
        functions.
          (5) Access.--Nothing in this section shall be 
        construed to authorize the Board, or any agent thereof, 
        to gain access to information regarding an activity 
        covered by section 503(a) of the National Security Act 
        of 1947 (50 U.S.C. 3093(a)).
  (h) Membership.--
          (1) Members.--The Board shall be composed of a full-
        time chairman and 4 additional members, who shall be 
        appointed by the President, by and with the advice and 
        consent of the Senate.
          (2) Qualifications.--Members of the Board shall be 
        selected solely on the basis of their professional 
        qualifications, achievements, public stature, expertise 
        in civil liberties and privacy, and relevant 
        experience, and without regard to political 
        affiliation, but in no event shall more than 3 members 
        of the Board be members of the same political party. 
        The President shall, before appointing an individual 
        who is not a member of the same political party as the 
        President, consult with the leadership of that party, 
        if any, in the Senate and House of Representatives.
          (3) Incompatible office.--An individual appointed to 
        the Board may not, while serving on the Board, be an 
        elected official, officer, or employee of the Federal 
        Government, other than in the capacity as a member of 
        the Board.
          (4) Term.--Each member of the Board shall serve a 
        term of 6 years, except that--
                  (A) a member appointed to a term of office 
                after the commencement of such term may serve 
                under such appointment only for the remainder 
                of such term; and
                  (B) upon the expiration of the term of office 
                of a member, the member shall continue to serve 
                until the member's successor has been appointed 
                and qualified, except that no member may serve 
                under this subparagraph--
                          (i) for more than 60 days when 
                        Congress is in session unless a 
                        nomination to fill the vacancy shall 
                        have been submitted to the Senate; or
                          (ii) after the adjournment sine die 
                        of the session of the Senate in which 
                        such nomination is submitted.
          (5) Quorum and meetings.--The Board shall meet upon 
        the call of the chairman or a majority of its members. 
        Three members of the Board shall constitute a quorum.
  (i) Compensation and Travel Expenses.--
          (1) Compensation.--
                  (A) Chairman.--The chairman of the Board 
                shall be compensated at the rate of pay payable 
                for a position at level III of the Executive 
                Schedule under section 5314 of title 5, United 
                States Code.
                  (B) Members.--Each member of the Board shall 
                be compensated at a rate of pay payable for a 
                position at level IV of the Executive Schedule 
                under section 5315 of title 5, United States 
                Code, for each day during which that member is 
                engaged in the actual performance of the duties 
                of the Board.
          (2) Travel expenses.--Members of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for persons employed 
        intermittently by the Government under section 5703(b) 
        of title 5, United States Code, while away from their 
        homes or regular places of business in the performance 
        of services for the Board.
  (j) Staff.--
          (1) Appointment and compensation.--The chairman of 
        the Board, in accordance with rules agreed upon by the 
        Board, shall appoint and fix the compensation of a 
        full-time executive director and such other personnel 
        as may be necessary to enable the Board to carry out 
        its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in 
        the competitive service, and without regard to the 
        provisions of chapter 51 and subchapter III of chapter 
        53 of such title relating to classification and General 
        Schedule pay rates, except that no rate of pay fixed 
        under this subsection may exceed the equivalent of that 
        payable for a position at level V of the Executive 
        Schedule under section 5316 of title 5, United States 
        Code.
          (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).
          [(2)] (3) Detailees.--Any Federal employee may be 
        detailed to the Board without reimbursement from the 
        Board, and such detailee shall retain the rights, 
        status, and privileges of the detailee's regular 
        employment without interruption.
          [(3)] (4) Consultant services.--The Board may procure 
        the temporary or intermittent services of experts and 
        consultants in accordance with section 3109 of title 5, 
        United States Code, at rates that do not exceed the 
        daily rate paid a person occupying a position at level 
        IV of the Executive Schedule under section 5315 of such 
        title.
  (k) Security Clearances.--
          (1) In general.--The appropriate departments, 
        agencies, and elements of the executive branch shall 
        cooperate with the Board to expeditiously provide the 
        Board members and staff with appropriate security 
        clearances to the extent possible under existing 
        procedures and requirements.
          (2) Rules and procedures.--After consultation with 
        the Secretary of Defense, the Attorney General, and the 
        Director of National Intelligence, the Board shall 
        adopt rules and procedures of the Board for physical, 
        communications, computer, document, personnel, and 
        other security relating to carrying out the functions 
        of the Board.
  (l) Treatment as Agency, Not as Advisory Committee.--The 
Board--
          (1) is an agency (as defined in section 551(1) of 
        title 5, United States Code); and
          (2) is not an advisory committee (as defined in 
        section 3(2) of the Federal Advisory Committee Act (5 
        U.S.C. App.)).
  (m) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section amounts as follows:
          (1) For fiscal year 2008, $5,000,000.
          (2) For fiscal year 2009, $6,650,000.
          (3) For fiscal year 2010, $8,300,000.
          (4) For fiscal year 2011, $10,000,000.
          (5) For fiscal year 2012 and each subsequent fiscal 
        year, such sums as may be necessary.

SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

  (a) Designation and Functions.--The Attorney General, the 
Secretary of Defense, the Secretary of State, the Secretary of 
the Treasury, the Secretary of Health and Human Services, the 
Secretary of Homeland Security, the Director of National 
Intelligence, the Director of the Central Intelligence Agency, 
the Director of the National Security Agency, the Director of 
the Federal Bureau of Investigation, and the head of any other 
department, agency, or element of the executive branch 
designated by the Privacy and Civil Liberties Oversight Board 
under section 1061 to be appropriate for coverage under this 
section shall designate not less than 1 senior officer to serve 
as the principal advisor to--
          (1) assist the head of such department, agency, or 
        element and other officials of such department, agency, 
        or element in appropriately considering privacy and 
        civil liberties concerns when such officials are 
        proposing, developing, or implementing laws, 
        regulations, policies, procedures, or guidelines 
        related to efforts to protect the Nation against 
        terrorism;
          (2) periodically investigate and review department, 
        agency, or element actions, policies, procedures, 
        guidelines, and related laws and their implementation 
        to ensure that such department, agency, or element is 
        adequately considering privacy and civil liberties in 
        its actions;
          (3) ensure that such department, agency, or element 
        has adequate procedures to receive, investigate, 
        respond to, and redress complaints from individuals who 
        allege such department, agency, or element has violated 
        their privacy or civil liberties; and
          (4) in providing advice on proposals to retain or 
        enhance a particular governmental power the officer 
        shall consider whether such department, agency, or 
        element has established--
                  (A) that the need for the power is balanced 
                with the need to protect privacy and civil 
                liberties;
                  (B) that there is adequate supervision of the 
                use by such department, agency, or element of 
                the power to ensure protection of privacy and 
                civil liberties; and
                  (C) that there are adequate guidelines and 
                oversight to properly confine its use.
  (b) Exception to Designation Authority.--
          (1) Privacy officers.--In any department, agency, or 
        element referred to in subsection (a) or designated by 
        the Privacy and Civil Liberties Oversight Board, which 
        has a statutorily created privacy officer, such officer 
        shall perform the functions specified in subsection (a) 
        with respect to privacy.
          (2) Civil liberties officers.--In any department, 
        agency, or element referred to in subsection (a) or 
        designated by the Board, which has a statutorily 
        created civil liberties officer, such officer shall 
        perform the functions specified in subsection (a) with 
        respect to civil liberties.
  (c) Supervision and Coordination.--Each privacy officer or 
civil liberties officer described in subsection (a) or (b) 
shall--
          (1) report directly to the head of the department, 
        agency, or element concerned; and
          (2) coordinate their activities with the Inspector 
        General of such department, agency, or element to avoid 
        duplication of effort.
  (d) Agency Cooperation.--The head of each department, agency, 
or element shall ensure that each privacy officer and civil 
liberties officer--
          (1) has the information, material, and resources 
        necessary to fulfill the functions of such officer;
          (2) is advised of proposed policy changes;
          (3) is consulted by decision makers; and
          (4) is given access to material and personnel the 
        officer determines to be necessary to carry out the 
        functions of such officer.
  (e) Reprisal for Making Complaint.--No action constituting a 
reprisal, or threat of reprisal, for making a complaint or for 
disclosing information to a privacy officer or civil liberties 
officer described in subsection (a) or (b), or to the Privacy 
and Civil Liberties Oversight Board, that indicates a possible 
violation of privacy protections or civil liberties in the 
administration of the programs and operations of the Federal 
Government relating to efforts to protect the Nation from 
terrorism shall be taken by any Federal employee in a position 
to take such action, unless the complaint was made or the 
information was disclosed with the knowledge that it was false 
or with willful disregard for its truth or falsity.
  (f) Periodic Reports.--
          (1) In general.--The privacy officers and civil 
        liberties officers of each department, agency, or 
        element referred to or described in subsection (a) or 
        (b) shall periodically, but not less than semiannually, 
        submit a report on the activities of such officers--
                  (A)(i) to the appropriate committees of 
                Congress, including the Committee on the 
                Judiciary of the Senate, the Committee on the 
                Judiciary of the House of Representatives, the 
                Committee on Homeland Security and Governmental 
                Affairs of the Senate, the Committee on 
                Oversight and Government Reform of the House of 
                Representatives, the Select Committee on 
                Intelligence of the Senate, and the Permanent 
                Select Committee on Intelligence of the House 
                of Representatives;
                  (ii) to the head of such department, agency, 
                or element; and
                  (iii) to the Privacy and Civil Liberties 
                Oversight Board; and
                  (B) which shall be in unclassified form to 
                the greatest extent possible, with a classified 
                annex where necessary.
          (2) Contents.--Each report submitted under paragraph 
        (1) shall include information on the discharge of each 
        of the functions of the officer concerned, including--
                  (A) information on the number and types of 
                reviews undertaken;
                  (B) the type of advice provided and the 
                response given to such advice;
                  (C) the number and nature of the complaints 
                received by the department, agency, or element 
                concerned for alleged violations; and
                  (D) a summary of the disposition of such 
                complaints, the reviews and inquiries 
                conducted, and the impact of the activities of 
                such officer.
  (g) Informing the Public.--Each privacy officer and civil 
liberties officer shall--
          (1) make the reports of such officer, including 
        reports to Congress, available to the public to the 
        greatest extent that is consistent with the protection 
        of classified information and applicable law; and
          (2) otherwise inform the public of the activities of 
        such officer, as appropriate and in a manner consistent 
        with the protection of classified information and 
        applicable law.
  (h) Savings Clause.--Nothing in this section shall be 
construed to limit or otherwise supplant any other authorities 
or responsibilities provided by law to privacy officers or 
civil liberties officers.

           *       *       *       *       *       *       *


                     TITLE III--SECURITY CLEARANCES

SEC. 3001. SECURITY CLEARANCES.

  (a) Definitions.--In this section:
          (1) The term ``agency'' means--
                  (A) an executive agency (as that term is 
                defined in section 105 of title 5, United 
                States Code);
                  (B) a military department (as that term is 
                defined in section 102 of title 5, United 
                States Code); and
                  (C) an element of the intelligence community.
          (2) The term ``authorized investigative agency'' 
        means an agency designated by the head of the agency 
        selected pursuant to subsection (b) to conduct a 
        counterintelligence investigation or investigation of 
        persons who are proposed for access to classified 
        information to ascertain whether such persons satisfy 
        the criteria for obtaining and retaining access to such 
        information.
          (3) The term ``authorized adjudicative agency'' means 
        an agency authorized by law, regulation, or direction 
        of the Director of National Intelligence to determine 
        eligibility for access to classified information in 
        accordance with Executive Order 12968.
          (4) The term ``highly sensitive program'' means--
                  (A) a government program designated as a 
                Special Access Program (as that term is defined 
                in section 4.1(h) of Executive Order 12958 or 
                any successor Executive order); or
                  (B) a government program that applies 
                restrictions required for--
                          (i) restricted data (as that term is 
                        defined in section 11 y. of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2014(y)); 
                        or
                          (ii) other information commonly 
                        referred to as ``sensitive 
                        compartmented information''.
          (5) The term ``current investigation file'' means, 
        with respect to a security clearance, a file on an 
        investigation or adjudication that has been conducted 
        during--
                  (A) the 5-year period beginning on the date 
                the security clearance was granted, in the case 
                of a Top Secret Clearance, or the date access 
                was granted to a highly sensitive program;
                  (B) the 10-year period beginning on the date 
                the security clearance was granted in the case 
                of a Secret Clearance; and
                  (C) the 15-year period beginning on the date 
                the security clearance was granted in the case 
                of a Confidential Clearance.
          (6) The term ``personnel security investigation'' 
        means any investigation required for the purpose of 
        determining the eligibility of any military, civilian, 
        or government contractor personnel to access classified 
        information.
          (7) The term ``periodic reinvestigations'' means 
        investigations conducted for the purpose of updating a 
        previously completed background investigation--
                  (A) every 5 years in the case of a top secret 
                clearance or access to a highly sensitive 
                program;
                  (B) every 10 years in the case of a secret 
                clearance; or
                  (C) every 15 years in the case of a 
                Confidential Clearance.
          (8) The term ``appropriate committees of Congress'' 
        means--
                  (A) the Permanent Select Committee on 
                Intelligence and the Committees on Armed 
                Services, Homeland Security, Government Reform, 
                and the Judiciary of the House of 
                Representatives; and
                  (B) the Select Committee on Intelligence and 
                the Committees on Armed Services, Homeland 
                Security and Governmental Affairs, and the 
                Judiciary of the Senate.
          (9) Access determination.--The term ``access 
        determination'' means the determination regarding 
        whether an employee--
                  (A) is eligible for access to classified 
                information in accordance with Executive Order 
                12968 (60 Fed. Reg. 40245; relating to access 
                to classified information), or any successor 
                thereto, and Executive Order 10865 (25 Fed. 
                Reg. 1583; relating to safeguarding classified 
                information with industry), or any successor 
                thereto; and
                  (B) possesses a need to know under such an 
                Order.
  (b) Selection of Entity.--Except as otherwise provided, not 
later than 90 days after the date of the enactment of this Act, 
the President shall select a single department, agency, or 
element of the executive branch to be responsible for--
          (1) directing day-to-day oversight of investigations 
        and adjudications for personnel security clearances, 
        including for highly sensitive programs, throughout the 
        United States Government;
          (2) developing and implementing uniform and 
        consistent policies and procedures to ensure the 
        effective, efficient, and timely completion of security 
        clearances and determinations for access to highly 
        sensitive programs, including the standardization of 
        security questionnaires, financial disclosure 
        requirements for security clearance applicants, and 
        polygraph policies and procedures;
          (3) serving as the final authority to designate an 
        authorized investigative agency or authorized 
        adjudicative agency;
          (4) ensuring reciprocal recognition of access to 
        classified information among the agencies of the United 
        States Government, including acting as the final 
        authority to arbitrate and resolve disputes involving 
        the reciprocity of security clearances and access to 
        highly sensitive programs pursuant to subsection (d);
          (5) ensuring, to the maximum extent practicable, that 
        sufficient resources are available in each agency to 
        achieve clearance and investigative program goals;
          (6) reviewing and coordinating the development of 
        tools and techniques for enhancing the conduct of 
        investigations and granting of clearances; and
          (7) not later than 180 days after the date of the 
        enactment of the Intelligence Authorization Act for 
        Fiscal Year 2014, and consistent with subsection (j)--
                  (A) developing policies and procedures that 
                permit, to the extent practicable, individuals 
                alleging reprisal for having made a protected 
                disclosure (provided the individual does not 
                disclose classified information or other 
                information contrary to law) to appeal any 
                action affecting an employee's access to 
                classified information and to retain their 
                government employment status while such 
                challenge is pending; and
                  (B) developing and implementing uniform and 
                consistent policies and procedures to ensure 
                proper protections during the process for 
                denying, suspending, or revoking a security 
                clearance or access to classified information 
                following a protected disclosure, including the 
                ability to appeal such a denial, suspension, or 
                revocation, except that there shall be no 
                appeal of an agency's suspension of a security 
                clearance or access determination for purposes 
                of conducting an investigation, if that 
                suspension lasts no longer than 1 year or the 
                head of the agency or a designee of the head of 
                the agency certifies that a longer suspension 
                is needed before a final decision on denial or 
                revocation to prevent imminent harm to the 
                national security.
  (c) Performance of Security Clearance Investigations.--(1) 
Notwithstanding any other provision of law, not later than 180 
days after the date of the enactment of this Act, the President 
shall, in consultation with the head of the entity selected 
pursuant to subsection (b), select a single agency of the 
executive branch to conduct, to the maximum extent practicable, 
security clearance investigations of employees and contractor 
personnel of the United States Government who require access to 
classified information and to provide and maintain all security 
clearances of such employees and contractor personnel. The head 
of the entity selected pursuant to subsection (b) may designate 
other agencies to conduct such investigations if the head of 
the entity selected pursuant to subsection (b) considers it 
appropriate for national security and efficiency purposes.
  (2) The agency selected under paragraph (1) shall--
          (A) take all necessary actions to carry out the 
        requirements of this section, including entering into a 
        memorandum of understanding with any agency carrying 
        out responsibilities relating to security clearances or 
        security clearance investigations before the date of 
        the enactment of this Act;
          (B) as soon as practicable, integrate reporting of 
        security clearance applications, security clearance 
        investigations, and determinations of eligibility for 
        security clearances, with the database required by 
        subsection (e); and
          (C) ensure that security clearance investigations are 
        conducted in accordance with uniform standards and 
        requirements established under subsection (b), 
        including uniform security questionnaires and financial 
        disclosure requirements.
  (d) Reciprocity of Security Clearance and Access 
Determinations.--(1) All security clearance background 
investigations and determinations completed by an authorized 
investigative agency or authorized adjudicative agency shall be 
accepted by all agencies.
  (2) All security clearance background investigations 
initiated by an authorized investigative agency shall be 
transferable to any other authorized investigative agency.
  (3)(A) An authorized investigative agency or authorized 
adjudicative agency may not establish additional investigative 
or adjudicative requirements (other than requirements for the 
conduct of a polygraph examination) that exceed requirements 
specified in Executive Orders establishing security 
requirements for access to classified information without the 
approval of the head of the entity selected pursuant to 
subsection (b).
  (B) Notwithstanding subparagraph (A), the head of the entity 
selected pursuant to subsection (b) may establish such 
additional requirements as the head of such entity considers 
necessary for national security purposes.
  (4) An authorized investigative agency or authorized 
adjudicative agency may not conduct an investigation for 
purposes of determining whether to grant a security clearance 
to an individual where a current investigation or clearance of 
equal level already exists or has been granted by another 
authorized adjudicative agency.
  (5) The head of the entity selected pursuant to subsection 
(b) may disallow the reciprocal recognition of an individual 
security clearance by an agency under this section on a case-
by-case basis if the head of the entity selected pursuant to 
subsection (b) determines that such action is necessary for 
national security purposes.
  (6) The head of the entity selected pursuant to subsection 
(b) shall establish a review procedure by which agencies can 
seek review of actions required under this section.
  (e) Database on Security Clearances.--(1) Not later than 12 
months after the date of the enactment of this Act, the 
Director of the Office of Personnel Management shall, in 
cooperation with the heads of the entities selected pursuant to 
subsections (b) and (c), establish and commence operating and 
maintaining an integrated, secure, database into which 
appropriate data relevant to the granting, denial, or 
revocation of a security clearance or access pertaining to 
military, civilian, or government contractor personnel shall be 
entered from all authorized investigative and adjudicative 
agencies.
  (2) The database under this subsection shall function to 
integrate information from existing Federal clearance tracking 
systems from other authorized investigative and adjudicative 
agencies into a single consolidated database.
  (3) Each authorized investigative or adjudicative agency 
shall check the database under this subsection to determine 
whether an individual the agency has identified as requiring a 
security clearance has already been granted or denied a 
security clearance, or has had a security clearance revoked, by 
any other authorized investigative or adjudicative agency.
  (4) The head of the entity selected pursuant to subsection 
(b) shall evaluate the extent to which an agency is submitting 
information to, and requesting information from, the database 
under this subsection as part of a determination of whether to 
certify the agency as an authorized investigative agency or 
authorized adjudicative agency.
  (5) The head of the entity selected pursuant to subsection 
(b) may authorize an agency to withhold information about 
certain individuals from the database under this subsection if 
the head of the entity considers it necessary for national 
security purposes.
  (f) Evaluation of Use of Available Technology in Clearance 
Investigations and Adjudications.--(1) The head of the entity 
selected pursuant to subsection (b) shall evaluate the use of 
available information technology and databases to expedite 
investigative and adjudicative processes for all and to verify 
standard information submitted as part of an application for a 
security clearance.
  (2) The evaluation shall assess the application of the 
technologies described in paragraph (1) for--
          (A) granting interim clearances to applicants at the 
        secret, top secret, and special access program levels 
        before the completion of the appropriate full 
        investigation;
          (B) expediting investigations and adjudications of 
        security clearances, including verification of 
        information submitted by the applicant;
          (C) ongoing verification of suitability of personnel 
        with security clearances in effect for continued access 
        to classified information;
          (D) use of such technologies to augment periodic 
        reinvestigations;
          (E) assessing the impact of the use of such 
        technologies on the rights of applicants to verify, 
        correct, or challenge information obtained through such 
        technologies; and
          (F) such other purposes as the head of the entity 
        selected pursuant to subsection (b) considers 
        appropriate.
  (3) An individual subject to verification utilizing the 
technology described in paragraph (1) shall be notified of such 
verification, shall provide consent to such use, and shall have 
access to data being verified in order to correct errors or 
challenge information the individual believes is incorrect.
  (4) Not later than one year after the date of the enactment 
of this Act, the head of the entity selected pursuant to 
subsection (b) shall submit to the President and the 
appropriate committees of Congress a report on the results of 
the evaluation, including recommendations on the use of 
technologies described in paragraph (1).
  (g) Reduction in Length of Personnel Security Clearance 
Process.--(1) The head of the entity selected pursuant to 
subsection (b) shall, within 90 days of selection under that 
subsection, develop, in consultation with the appropriate 
committees of Congress and each authorized adjudicative agency, 
a plan to reduce the length of the personnel security clearance 
process.
  (2)(A) To the extent practical the plan under paragraph (1) 
shall require that each authorized adjudicative agency make a 
determination on at least 90 percent of all applications for a 
personnel security clearance within an average of 60 days after 
the date of receipt of the completed application for a security 
clearance by an authorized investigative agency. Such 60-day 
average period shall include--
          (i) a period of not longer than 40 days to complete 
        the investigative phase of the clearance review; and
          (ii) a period of not longer than 20 days to complete 
        the adjudicative phase of the clearance review.
  (B) Determinations on clearances not made within 60 days 
shall be made without delay.
  (3)(A) The plan under paragraph (1) shall take effect 5 years 
after the date of the enactment of this Act.
  (B) During the period beginning on a date not later than 2 
years after the date after the enactment of this Act and ending 
on the date on which the plan under paragraph (1) takes effect, 
each authorized adjudicative agency shall make a determination 
on at least 80 percent of all applications for a personnel 
security clearance pursuant to this section within an average 
of 120 days after the date of receipt of the application for a 
security clearance by an authorized investigative agency. Such 
120-day average period shall include--
          (i) a period of not longer than 90 days to complete 
        the investigative phase of the clearance review; and
          (ii) a period of not longer than 30 days to complete 
        the adjudicative phase of the clearance review.
  (h) Reports.--(1) Not later than February 15, 2006, and 
annually thereafter through 2011, the head of the entity 
selected pursuant to subsection (b) shall submit to the 
appropriate committees of Congress a report on the progress 
made during the preceding year toward meeting the requirements 
of this section.
  (2) Each report shall include, for the period covered by such 
report--
          (A) the periods of time required by the authorized 
        investigative agencies and authorized adjudicative 
        agencies for conducting investigations, adjudicating 
        cases, and granting clearances, from date of submission 
        to ultimate disposition and notification to the subject 
        and the subject's employer;
          (B) a discussion of any impediments to the smooth and 
        timely functioning of the requirements of this section; 
        and
          (C) such other information or recommendations as the 
        head of the entity selected pursuant to subsection (b) 
        considers appropriate.
  (i) Authorization of Appropriations.--There is authorized to 
be appropriated such sums as may be necessary for fiscal year 
2005 and each fiscal year thereafter for the implementation, 
maintenance, and operation of the database required by 
subsection (e).
  (j) Retaliatory Revocation of Security Clearances and Access 
Determinations.--
          (1) In general.--Agency personnel with authority over 
        personnel security clearance or access determinations 
        shall not take or fail to take, or threaten to take or 
        fail to take, any action with respect to any employee's 
        security clearance or access determination in 
        retaliation for--
                  (A) any lawful disclosure of information to 
                the Director of National Intelligence (or an 
                employee designated by the Director of National 
                Intelligence for such purpose) or the head of 
                the employing agency (or employee designated by 
                the head of that agency for such purpose) by an 
                employee that the employee reasonably believes 
                evidences--
                          (i) a violation of any Federal law, 
                        rule, or regulation; or
                          (ii) gross mismanagement, a gross 
                        waste of funds, an abuse of authority, 
                        or a substantial and specific danger to 
                        public health or safety;
                  (B) any lawful disclosure to the Inspector 
                General of an agency or another employee 
                designated by the head of the agency to receive 
                such disclosures, of information which the 
                employee reasonably believes evidences--
                          (i) a violation of any Federal law, 
                        rule, or regulation; or
                          (ii) gross mismanagement, a gross 
                        waste of funds, an abuse of authority, 
                        or a substantial and specific danger to 
                        public health or safety;
                  (C) any lawful disclosure that complies 
                with--
                          (i) subsections (a)(1), (d), and (h) 
                        of section 8H of the Inspector General 
                        Act of 1978 (5 U.S.C. App.);
                          (ii) subparagraphs (A), (D), and (H) 
                        of section 17(d)(5) of the Central 
                        Intelligence Agency Act of 1949 (50 
                        U.S.C. 3517(d)(5)); or
                          (iii) subparagraphs (A), (D), and (I) 
                        of section 103H(k)(5) of the National 
                        Security Act of 1947 (50 U.S.C. 
                        3033(k)(5)); and
                  (D) if the actions do not result in the 
                employee or applicant unlawfully disclosing 
                information specifically required by Executive 
                order to be kept classified in the interest of 
                national defense or the conduct of foreign 
                affairs, any lawful disclosure in conjunction 
                with--
                          (i) the exercise of any appeal, 
                        complaint, or grievance right granted 
                        by any law, rule, or regulation;
                          (ii) testimony for or otherwise 
                        lawfully assisting any individual in 
                        the exercise of any right referred to 
                        in clause (i); or
                          (iii) cooperation with or disclosing 
                        information to the Inspector General of 
                        an agency, in accordance with 
                        applicable provisions of law in 
                        connection with an audit, inspection, 
                        or investigation conducted by the 
                        Inspector General.
          (2) Rule of construction.--Consistent with the 
        protection of sources and methods, nothing in paragraph 
        (1) shall be construed to authorize the withholding of 
        information from Congress or the taking of any 
        personnel action against an employee who lawfully 
        discloses information to Congress.
          (3) Disclosures.--
                  (A) In general.--A disclosure shall not be 
                excluded from paragraph (1) because--
                          (i) the disclosure was made to a 
                        person, including a supervisor, who 
                        participated in an activity that the 
                        employee reasonably believed to be 
                        covered by paragraph (1)(A)(ii);
                          (ii) the disclosure revealed 
                        information that had been previously 
                        disclosed;
                          (iii) the disclosure was not made in 
                        writing;
                          (iv) the disclosure was made while 
                        the employee was off duty; or
                          (v) of the amount of time which has 
                        passed since the occurrence of the 
                        events described in the disclosure.
                  (B) Reprisals.--If a disclosure is made 
                during the normal course of duties of an 
                employee, the disclosure shall not be excluded 
                from paragraph (1) if any employee who has 
                authority to take, direct others to take, 
                recommend, or approve any personnel action with 
                respect to the employee making the disclosure, 
                took, failed to take, or threatened to take or 
                fail to take a personnel action with respect to 
                that employee in reprisal for the disclosure.
          (4) Agency adjudication.--
                  (A) Remedial procedure.--An employee or 
                former employee who believes that he or she has 
                been subjected to a reprisal prohibited by 
                paragraph (1) may, within 90 days after the 
                issuance of notice of such decision, appeal 
                that decision within the agency of that 
                employee or former employee through proceedings 
                authorized by subsection (b)(7), except that 
                there shall be no appeal of an agency's 
                suspension of a security clearance or access 
                determination for purposes of conducting an 
                investigation, if that suspension lasts not 
                longer than 1 year (or a longer period in 
                accordance with a certification made under 
                subsection (b)(7)).
                  (B) Corrective action.--If, in the course of 
                proceedings authorized under subparagraph (A), 
                it is determined that the adverse security 
                clearance or access determination violated 
                paragraph (1), the agency shall take specific 
                corrective action to return the employee or 
                former employee, as nearly as practicable and 
                reasonable, to the position such employee or 
                former employee would have held had the 
                violation not occurred. Such corrective action 
                may include back pay and related benefits, 
                travel expenses, and compensatory damages not 
                to exceed $300,000.
                  (C) Contributing factor.--In determining 
                whether the adverse security clearance or 
                access determination violated paragraph (1), 
                the agency shall find that paragraph (1) was 
                violated if a disclosure described in paragraph 
                (1) was a contributing factor in the adverse 
                security clearance or access determination 
                taken against the individual, unless the agency 
                demonstrates by a preponderance of the evidence 
                that it would have taken the same action in the 
                absence of such disclosure, giving the utmost 
                deference to the agency's assessment of the 
                particular threat to the national security 
                interests of the United States in the instant 
                matter.
          (5) Appellate review of security clearance access 
        determinations by director of national intelligence.--
                  (A) Appeal.--Within 60 days after receiving 
                notice of an adverse final agency determination 
                under a proceeding under paragraph (4), an 
                employee or former employee may appeal that 
                determination in accordance with the procedures 
                established under subparagraph (B).
                  (B) Policies and procedures.--The Director of 
                National Intelligence, in consultation with the 
                Attorney General and the Secretary of Defense, 
                shall develop and implement policies and 
                procedures for adjudicating the appeals 
                authorized by subparagraph (A).
                  (C) Congressional notification.--Consistent 
                with the protection of sources and methods, at 
                the time the Director of National Intelligence 
                issues an order regarding an appeal pursuant to 
                the policies and procedures established by this 
                paragraph, the Director of National 
                Intelligence shall notify the congressional 
                intelligence committees.
          (6) Judicial review.--Nothing in this section shall 
        be construed to permit or require judicial review of 
        any--
                  (A) agency action under this section; or
                  (B) action of the appellate review procedures 
                established under paragraph (5).
          (7) Private cause of action.--Nothing in this section 
        shall be construed to permit, authorize, or require a 
        private cause of action to challenge the merits of a 
        security clearance determination.
          (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.

           *       *       *       *       *       *       *

                              ----------                              


FISA AMENDMENTS ACT OF 2008

           *       *       *       *       *       *       *



TITLE IV--OTHER PROVISIONS

           *       *       *       *       *       *       *


SEC. 403. REPEALS.

  (a) Repeal of Protect America Act of 2007 Provisions.--
          (1) Amendments to fisa.--
                  (A) In general.--Except as provided in 
                section 404, sections 105A, 105B, and 105C of 
                the Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1805a, 1805b, and 1805c) are 
                repealed.
                  (B) Technical and conforming amendments.--
                          (i) Table of contents.--The table of 
                        contents in the first section of the 
                        Foreign Intelligence Surveillance Act 
                        of 1978 (50 U.S.C. 1801 et seq.) is 
                        amended by striking the items relating 
                        to sections 105A, 105B, and 105C.
                          (ii) Conforming amendments.--Except 
                        as provided in section 404, section 
                        103(e) of the Foreign Intelligence 
                        Surveillance Act of 1978 (50 U.S.C. 
                        1803(e)) is amended--
                                  (I) in paragraph (1), by 
                                striking ``105B(h) or 
                                501(f)(1)'' and inserting 
                                ``501(f)(1) or 702(h)(4)''; and
                                  (II) in paragraph (2), by 
                                striking ``105B(h) or 
                                501(f)(1)'' and inserting 
                                ``501(f)(1) or 702(h)(4)''.
          (2) Reporting requirements.--Except as provided in 
        section 404, section 4 of the Protect America Act of 
        2007 (Public Law 110-55; 121 Stat. 555) is repealed.
          (3) Transition procedures.--Except as provided in 
        section 404, subsection (b) of section 6 of the Protect 
        America Act of 2007 (Public Law 110-55; 121 Stat. 556) 
        is repealed.
  (b) FISA Amendments Act of 2008.--
          (1) In general.--Except as provided in section 404, 
        effective [December 31, 2017] December 31, 2021, title 
        VII of the Foreign Intelligence Surveillance Act of 
        1978, as amended by section 101(a) and by the FISA 
        Amendments Reauthorization Act of 2017, is repealed.
          (2) Technical and conforming amendments.--Effective 
        [December 31, 2017] December 31, 2021--
                  (A) the table of contents in the first 
                section of such Act (50 U.S.C. 1801 et seq.) is 
                amended by striking the items related to title 
                VII;
                  (B) except as provided in section 404, 
                section 601(a)(1) of such Act (50 U.S.C. 
                1871(a)(1)) is amended to read as such section 
                read on the day before the date of the 
                enactment of this Act; and
                  (C) except as provided in section 404, 
                section 2511(2)(a)(ii)(A) of title 18, United 
                States Code, is amended by striking ``or a 
                court order pursuant to section 704 of the 
                Foreign Intelligence Surveillance Act of 
                1978''.

SEC. 404. TRANSITION PROCEDURES.

  (a) Transition Procedures for Protect America Act of 2007 
Provisions.--
          (1) Continued effect of orders, authorizations, 
        directives.--Except as provided in paragraph (7), 
        notwithstanding any other provision of law, any order, 
        authorization, or directive issued or made pursuant to 
        section 105B of the Foreign Intelligence Surveillance 
        Act of 1978, as added by section 2 of the Protect 
        America Act of 2007 (Public Law 110-55; 121 Stat. 552), 
        shall continue in effect until the expiration of such 
        order, authorization, or directive.
          (2) Applicability of protect america act of 2007 to 
        continued orders, authorizations, directives.--
        Notwithstanding any other provision of this Act, any 
        amendment made by this Act, or the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)--
                  (A) subject to paragraph (3), section 105A of 
                such Act, as added by section 2 of the Protect 
                America Act of 2007 (Public Law 110-55; 121 
                Stat. 552), shall continue to apply to any 
                acquisition conducted pursuant to an order, 
                authorization, or directive referred to in 
                paragraph (1); and
                  (B) sections 105B and 105C of the Foreign 
                Intelligence Surveillance Act of 1978, as added 
                by sections 2 and 3, respectively, of the 
                Protect America Act of 2007, shall continue to 
                apply with respect to an order, authorization, 
                or directive referred to in paragraph (1) until 
                the later of--
                          (i) the expiration of such order, 
                        authorization, or directive; or
                          (ii) the date on which final judgment 
                        is entered for any petition or other 
                        litigation relating to such order, 
                        authorization, or directive.
          (3) Use of information.--Information acquired from an 
        acquisition conducted pursuant to an order, 
        authorization, or directive referred to in paragraph 
        (1) shall be deemed to be information acquired from an 
        electronic surveillance pursuant to title I of the 
        Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.) for purposes of section 106 of 
        such Act (50 U.S.C. 1806), except for purposes of 
        subsection (j) of such section.
          (4) Protection from liability.--Subsection (l) of 
        section 105B of the Foreign Intelligence Surveillance 
        Act of 1978, as added by section 2 of the Protect 
        America Act of 2007, shall continue to apply with 
        respect to any directives issued pursuant to such 
        section 105B.
          (5) Jurisdiction of foreign intelligence surveillance 
        court.--Notwithstanding any other provision of this Act 
        or of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1801 et seq.), section 103(e) of the Foreign 
        Intelligence Surveillance Act (50 U.S.C. 1803(e)), as 
        amended by section 5(a) of the Protect America Act of 
        2007 (Public Law 110-55; 121 Stat. 556), shall continue 
        to apply with respect to a directive issued pursuant to 
        section 105B of the Foreign Intelligence Surveillance 
        Act of 1978, as added by section 2 of the Protect 
        America Act of 2007, until the later of--
                  (A) the expiration of all orders, 
                authorizations, or directives referred to in 
                paragraph (1); or
                  (B) the date on which final judgment is 
                entered for any petition or other litigation 
                relating to such order, authorization, or 
                directive.
          (6) Reporting requirements.--
                  (A) Continued applicability.--Notwithstanding 
                any other provision of this Act, any amendment 
                made by this Act, the Protect America Act of 
                2007 (Public Law 110-55), or the Foreign 
                Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801 et seq.), section 4 of the Protect 
                America Act of 2007 shall continue to apply 
                until the date that the certification described 
                in subparagraph (B) is submitted.
                  (B) Certification.--The certification 
                described in this subparagraph is a 
                certification--
                          (i) made by the Attorney General;
                          (ii) submitted as part of a semi-
                        annual report required by section 4 of 
                        the Protect America Act of 2007;
                          (iii) that states that there will be 
                        no further acquisitions carried out 
                        under section 105B of the Foreign 
                        Intelligence Surveillance Act of 1978, 
                        as added by section 2 of the Protect 
                        America Act of 2007, after the date of 
                        such certification; and
                          (iv) that states that the information 
                        required to be included under such 
                        section 4 relating to any acquisition 
                        conducted under such section 105B has 
                        been included in a semi-annual report 
                        required by such section 4.
          (7) Replacement of orders, authorizations, and 
        directives.--
                  (A) In general.--If the Attorney General and 
                the Director of National Intelligence seek to 
                replace an authorization issued pursuant to 
                section 105B of the Foreign Intelligence 
                Surveillance Act of 1978, as added by section 2 
                of the Protect America Act of 2007 (Public Law 
                110-55), with an authorization under section 
                702 of the Foreign Intelligence Surveillance 
                Act of 1978 (as added by section 101(a) of this 
                Act), the Attorney General and the Director of 
                National Intelligence shall, to the extent 
                practicable, submit to the Foreign Intelligence 
                Surveillance Court (as such term is defined in 
                section 701(b)(2) of such Act (as so added)) a 
                certification prepared in accordance with 
                subsection (g) of such section 702 and the 
                procedures adopted in accordance with 
                subsections (d) and (e) of such section 702 at 
                least 30 days before the expiration of such 
                authorization.
                  (B) Continuation of existing orders.--If the 
                Attorney General and the Director of National 
                Intelligence seek to replace an authorization 
                made pursuant to section 105B of the Foreign 
                Intelligence Surveillance Act of 1978, as added 
                by section 2 of the Protect America Act of 2007 
                (Public Law 110-55; 121 Stat. 522), by filing a 
                certification in accordance with subparagraph 
                (A), that authorization, and any directives 
                issued thereunder and any order related 
                thereto, shall remain in effect, 
                notwithstanding the expiration provided for in 
                subsection (a) of such section 105B, until the 
                Foreign Intelligence Surveillance Court (as 
                such term is defined in section 701(b)(2) of 
                the Foreign Intelligence Surveillance Act of 
                1978 (as so added)) issues an order with 
                respect to that certification under section 
                702(i)(3) of such Act (as so added) at which 
                time the provisions of that section and of 
                section 702(i)(4) of such Act (as so added) 
                shall apply.
          (8) Effective date.--Paragraphs (1) through (7) shall 
        take effect as if enacted on August 5, 2007.
  (b) Transition Procedures for FISA Amendments Act of 2008 
Provisions.--
          (1) Orders in effect on [december 31, 2017] december 
        31, 2021.--Notwithstanding any other provision of this 
        Act, any amendment made by this Act, or the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
        et seq.), any order, authorization, or directive issued 
        or made under title VII of the Foreign Intelligence 
        Surveillance Act of 1978, as amended by section 101(a) 
        and by the FISA Amendments Reauthorization Act of 2017, 
        shall continue in effect until the date of the 
        expiration of such order, authorization, or directive.
          (2) Applicability of title vii of fisa to continued 
        orders, authorizations, directives.--Notwithstanding 
        any other provision of this Act, any amendment made by 
        this Act, or the Foreign Intelligence Surveillance Act 
        of 1978 (50 U.S.C. 1801 et seq.), with respect to any 
        order, authorization, or directive referred to in 
        paragraph (1), title VII of such Act, as amended by 
        section 101(a) and by the FISA Amendments 
        Reauthorization Act of 2017, shall continue to apply 
        until the later of--
                  (A) the expiration of such order, 
                authorization, or directive; or
                  (B) the date on which final judgment is 
                entered for any petition or other litigation 
                relating to such order, authorization, or 
                directive.
          (3) Challenge of directives; protection from 
        liability; use of information.--Notwithstanding any 
        other provision of this Act or of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
        et seq.)--
                  (A) section 103(e) of such Act, as amended by 
                section 403(a)(1)(B)(ii), shall continue to 
                apply with respect to any directive issued 
                pursuant to section 702(h) of such Act, as 
                added by section 101(a);
                  (B) section 702(h)(3) of such Act (as so 
                added) shall continue to apply with respect to 
                any directive issued pursuant to section 702(h) 
                of such Act (as so added);
                  (C) section 703(e) of such Act (as so added) 
                shall continue to apply with respect to an 
                order or request for emergency assistance under 
                that section;
                  (D) section 706 of such Act (as so added) 
                shall continue to apply to an acquisition 
                conducted under section 702 or 703 of such Act 
                (as so added); and
                  (E) section 2511(2)(a)(ii)(A) of title 18, 
                United States Code, as amended by section 
                101(c)(1), shall continue to apply to an order 
                issued pursuant to section 704 of the Foreign 
                Intelligence Surveillance Act of 1978, as added 
                by section 101(a).
          (4) Reporting requirements.--
                  (A) Continued applicability.--Notwithstanding 
                any other provision of this Act or of the 
                Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801 et seq.), section 601(a) of 
                such Act (50 U.S.C. 1871(a)), as amended by 
                section 101(c)(2), and sections 702(l) and 707 
                of such Act, as added by section 101(a) and 
                amended by the FISA Amendments Reauthorization 
                Act of 2017, shall continue to apply until the 
                date that the certification described in 
                subparagraph (B) is submitted.
                  (B) Certification.--The certification 
                described in this subparagraph is a 
                certification--
                          (i) made by the Attorney General;
                          (ii) submitted to the Select 
                        Committee on Intelligence of the 
                        Senate, the Permanent Select Committee 
                        on Intelligence of the House of 
                        Representatives, and the Committees on 
                        the Judiciary of the Senate and the 
                        House of Representatives;
                          (iii) that states that there will be 
                        no further acquisitions carried out 
                        under title VII of the Foreign 
                        Intelligence Surveillance Act of 1978, 
                        as amended by section 101(a) and by the 
                        FISA Amendments Reauthorization Act of 
                        2017, after the date of such 
                        certification; and
                          (iv) that states that the information 
                        required to be included in a review, 
                        assessment, or report under section 601 
                        of such Act, as amended by section 
                        101(c), or section 702(l) or 707 of 
                        such Act, as added by section 101(a) 
                        and amended by the FISA Amendments 
                        Reauthorization Act of 2017, relating 
                        to any acquisition conducted under 
                        title VII of such Act, as amended by 
                        section 101(a) and by the FISA 
                        Amendments Reauthorization Act of 2017, 
                        has been included in a review, 
                        assessment, or report under such 
                        section 601, 702(l), or 707.
          (5) Transition procedures concerning the targeting of 
        united states persons overseas.--Any authorization in 
        effect on the date of enactment of this Act under 
        section 2.5 of Executive Order 12333 to intentionally 
        target a United States person reasonably believed to be 
        located outside the United States shall continue in 
        effect, and shall constitute a sufficient basis for 
        conducting such an acquisition targeting a United 
        States person located outside the United States until 
        the earlier of--
                  (A) the date that authorization expires; or
                  (B) the date that is 90 days after the date 
                of the enactment of this Act.
                              ----------                              


TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *



PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES

           *       *       *       *       *       *       *



Sec. 1924. Unauthorized removal and retention of classified documents 
                    or material

  (a) Whoever, being an officer, employee, contractor, or 
consultant of the United States, and, by virtue of his office, 
employment, position, or contract, becomes possessed of 
documents or materials containing classified information of the 
United States, knowingly removes such documents or materials 
without authority and with the intent to retain such documents 
or materials at an unauthorized location shall be fined under 
this title or imprisoned for not more than [one year] five 
years, or both.
  (b) For purposes of this section, the provision of documents 
and materials to the Congress shall not constitute an offense 
under subsection (a).
  (c) In this section, the term ``classified information of the 
United States'' means information originated, owned, or 
possessed by the United States Government concerning the 
national defense or foreign relations of the United States that 
has been determined pursuant to law or Executive order to 
require protection against unauthorized disclosure in the 
interests of national security.

           *       *       *       *       *       *       *


                   Disclosure of Directed Rule Making

    H.R. 4478 does not specifically direct any rule makings 
within the meaning of 5 U.S.C. 551.

                    Duplication of Federal Programs

    H.R. 4478 does not duplicate or reauthorize an established 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report form the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                     Minority and Additional Views

                              ----------                              


                             MINORITY VIEWS

    Section 702 of the Foreign Intelligence Surveillance Act is 
a critical Intelligence Community (IC) tool. We will continue 
to work to reauthorize and reform this authority in a way which 
will enhance privacy and transparency, while maintaining 
operational effectiveness.
    We regret the Majority's inclusion, in must-pass 
legislation to reauthorize Section 702, an unnecessary and 
politicized provision which purports to address deficiencies in 
the process for ``unmasking'' U.S. person identity information 
contained in intelligence reports.
    Of greatest concern is the creation of special review and 
congressional notification procedures for requests made to the 
IC during a presidential transition. These would be triggered 
when the sought information, if ``unmasked,'' might identify 
personnel of a presidential or vice presidential transition 
team.
    This language is intended to bolster the false claim that, 
during the 2016 presidential transition and before, officials 
of the last Administration surveilled Trump Tower, and sought 
identifying information contained in intelligence reports for 
improper or even illegal purposes, including to leak classified 
information to journalists.
    The Committee has seen no evidence, heard no testimony, and 
has no grounds for believing that senior officials of the Obama 
Administration--or any Administration--abused the identity 
request process. And, although the topics of Section 702 and 
``unmasking'' frequently have been conflated, the Committee 
also has seen no evidence that U.S. person identity information 
incidentally collected pursuant to Section 702 has been 
improperly ``unmasked.'' The Chairman's own inquiry has yielded 
no evidence that IC professionals who adjudicate identity 
requests acted inappropriately.
    Nonetheless, the IC is taking action to further heighten 
privacy protection. On the day before Committee markup of the 
Section 702 reauthorization, the Director of National 
Intelligence pledged to strengthen existing procedures 
governing identity requests--including with regard to 
presidential transitions--and to seek greater harmonization of 
those procedures across the IC. Given this commitment, there is 
simply no policy reason to insist on including the presidential 
transition language in Section 702's reauthorization.
    During markup, Minority Members expressed different views 
about the sorts of additional privacy safeguards that Congress 
ought to establish as a condition for Section 702's 
reauthorization. We each believe, however, that legislation so 
vital to national security cannot include language obviously 
meant to further a partisan agenda.
    In the short time that remains before Section 702's 
expiration at the end of this month, we will work to remove the 
offending ``unmasking'' language, and to add privacy and 
transparency safeguards without diminishing Section 702's 
proven capability to protect national security.

                                   Adam B. Schiff.
                                   James A. Himes.
                                   Terri A. Sewell.
                                   Andre Carson.
                                   Jackie Speier.
                                   Mike Quigley.
                                   Eric Swalwell.
                                   Joaquin Castro.

                            ADDITIONAL VIEWS

    Section 702 of the Foreign Intelligence Surveillance Act is 
an important national security tool, but a balance that must be 
struck between security and civil liberties. The last time we 
reviewed and debated these surveillance authorities in 2012, I 
voted against reauthorization of 702 authorities because of 
concerns over Americans' most fundamental civil rights.
    Since that time, significant numbers of Americans have been 
improperly swept up in surveillance activities that the law 
says must not target Americans. This improperly obtained 
information is retained for years. It has been used in court 
against Americans charged with crimes that have nothing to do 
with national security, with no warrants and without the 
required notifications to the defense. The government 
selectively publicizes what it calls Section 702 successes, but 
has defied Congress by refusing share information on how many 
Americans are impacted by Section 702 failures. The checks and 
balances built into the system are insufficient: a rotating 
cast of federal oversight judges are expected to grapple with 
the highly technical aspects of electronic surveillance, 
outmatched by an army of expert government lawyers.
    Unfortunately, this bill fails to allay my concerns. 
Specifically, it omits two measures I advocated for during 
drafting: the appointment of a permanent, expert ``special 
master'' to advise the Foreign Intelligence Surveillance Court 
on technical matters; and, an independent assessment by the 
Comptroller General of the United States of the government's 
claims to the efficacy of Section 702 authorities.
    My concerns are shared widely on both sides of the aisle, 
and civil liberties groups have assessed that the so-called 
fixes in this bill would be worse than no fixes at all. We must 
instead work together to address these problems. This is far 
too serious of a matter to ram through a renewal of these 
authorities with limited debate, particularly given the 
profound implications for all Americans and for American 
businesses operating overseas.
    I serve in Congress because I love this country, and I am 
driven to protect it both from external national security 
threats and from internal weakening of our Constitutional 
protections. This bill fails to balance those concerns, and so 
I must oppose it.

                                                     Jackie Speier.

                            ADDITIONAL VIEWS

    Like Section 702 of the Foreign Intelligence Surveillance 
Act (FISA) itself, H.R. 4478, the FISA Amendments 
Reauthorization Act of 2017, is designed to ensure security. It 
seeks to accomplish that goal, in my view, at too great a cost 
to privacy. The tradeoff embodied in this bill is not the only, 
or even the best, option available. With a little more work, 
deliberation and debate, we could reform the Section 702 
program--which is necessary for security--in a fashion that 
would more effectively safeguard privacy.
    The Committee has not sufficiently considered the serious 
legal and policy concerns associated with ``about collection'' 
by the NSA, pursuant to Section 702. That form of surveillance 
has been troubled by compliance difficulties and inadvertent 
collection, and drawn criticism from the Foreign Intelligence 
Surveillance Court. Compounding the problem, ``about 
collection'' was not explicitly authorized by the original text 
of Section 702 itself. Although the practice has been 
discontinued by NSA, issues implicated by it remain very real 
and have not been addressed. I am thus uncomfortable with 
provisions of H.R. 4478--which contemplate the resumption of 
``about collection'' in the future. The issue deserves fuller 
discussion here in Congress, before we sign off.
    Furthermore, H.R. 4478 does not adequately address law 
enforcement's practice of querying the Section 702 database, 
through use of an American's identifying information, without 
first obtaining judicial approval. Although courts have 
approved such queries, they nevertheless are, in my view, 
inconsistent with values we hold dear in the United States. 
Though H.R. 4478 contains reforms intended to address law 
enforcement uses of Section 702 data, these may not protect 
Americans' privacy interests in an adequate way.
    Finally, H.R. 4478 newly authorizes surveillance, under 
provisions of FISA other than Section 702, of persons engaged 
in international malicious cyber activities against the United 
States. The bill's definition of ``malicious cyber activities'' 
appears to conflict with other legal and policy definitions of 
the term. That inconsistency could cause confusion and 
conflicts, both at home and abroad. Additionally, the new 
language obviously expands the scope of permitted surveillance 
under FISA; I have not yet been furnished with adequate 
information to conclude that such an expansion is necessary.
    For these reasons, I oppose this bill.

                                                        Denny Heck.

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