[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3989 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3989

 To amend the Foreign Intelligence Surveillance Act of 1978 to clarify 
 and improve the procedures and accountability for authorizing certain 
acquisitions of foreign intelligence, to extend title VII of such Act, 
 to ensure that the barriers to sharing critical foreign intelligence 
  among the intelligence community that existed before September 11, 
            2001, are not reimposed, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2017

Mr. Goodlatte (for himself, Mr. Conyers, Mr. Sensenbrenner, Mr. Nadler, 
   Mr. Smith of Texas, Ms. Jackson Lee, Mr. Collins of Georgia, Mr. 
Johnson of Georgia, Mr. Rutherford, Mr. Deutch, Mr. Chabot, Mr. Raskin, 
and Mr. Johnson of Louisiana) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committees on Oversight and Government Reform, Intelligence (Permanent 
    Select), and Homeland Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to clarify 
 and improve the procedures and accountability for authorizing certain 
acquisitions of foreign intelligence, to extend title VII of such Act, 
 to ensure that the barriers to sharing critical foreign intelligence 
  among the intelligence community that existed before September 11, 
            2001, are not reimposed, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uniting and 
Strengthening American Liberty Act of 2017'' or the ``USA Liberty Act 
of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
     TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE AND ACCOUNTABILITY

Sec. 101. Court orders and protection of incidentally collected United 
                            States person communications.
Sec. 102. Limitation on collection and improvements to targeting 
                            procedures and minimization procedures.
Sec. 103. Publication of minimization procedures under section 702.
Sec. 104. Appointment of amicus curiae for annual certifications.
Sec. 105. Increased accountability on incidentally collected 
                            communications.
Sec. 106. Semiannual reports on certain queries by Federal Bureau of 
                            Investigation.
Sec. 107. Additional reporting requirements.
Sec. 108. Sense of Congress on purpose of section 702 and respecting 
                            foreign nationals.
   TITLE II--SAFEGUARDS AND OVERSIGHT OF PRIVACY AND CIVIL LIBERTIES

Sec. 201. Limitation on retention of certain data.
Sec. 202. Improvements to Privacy and Civil Liberties Oversight Board.
Sec. 203. Privacy and civil liberties officers.
Sec. 204. Whistleblower protections for contractors of the intelligence 
                            community.
TITLE III--EXTENSION OF AUTHORITIES, INCREASED PENALTIES, REPORTS, AND 
                             OTHER MATTERS

Sec. 301. Extension of title VII of FISA.
Sec. 302. Penalties for unauthorized removal and retention of 
                            classified documents or material.
Sec. 303. Comptroller General study on unauthorized disclosures and the 
                            classification system.
Sec. 304. Sense of Congress on information sharing among intelligence 
                            community to protect national security.
Sec. 305. Sense of Congress on combating terrorism.
Sec. 306. Technical amendments.
Sec. 307. Severability.

     TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE AND ACCOUNTABILITY

SEC. 101. COURT ORDERS AND PROTECTION OF INCIDENTALLY COLLECTED UNITED 
              STATES PERSON COMMUNICATIONS.

    (a) In General.--Section 702 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
            (1) by redesignating subsections (j) through (l) as 
        subsections (k) through (m), respectively; and
            (2) by inserting after subsection (i) the following new 
        subsection (j):
    ``(j) Requirements for Access and Dissemination of Collections of 
Communications.--
            ``(1) Court orders and other requirements.--
                    ``(A) Court orders to access contents.--Except as 
                provided by subparagraph (C), in response to a query 
                for evidence of a crime, the contents of queried 
                communications acquired under subsection (a) may be 
                accessed or disseminated only upon--
                            ``(i) an application by the Attorney 
                        General to a judge of the Foreign Intelligence 
                        Surveillance Court that describes the 
                        determination of the Attorney General that--
                                    ``(I) there is probable cause to 
                                believe that such contents may provide 
                                evidence of a crime specified in 
                                section 2516 of title 18, United States 
                                Code (including crimes covered by 
                                paragraph (2) of such section);
                                    ``(II) noncontents information 
                                accessed or disseminated pursuant to 
                                subparagraph (B) is not the sole basis 
                                for such probable cause;
                                    ``(III) such queried communications 
                                are relevant to an authorized 
                                investigation or assessment, provided 
                                that such investigation or assessment 
                                is not conducted solely on the basis of 
                                activities protected by the first 
                                amendment to the Constitution of the 
                                United States; and
                                    ``(IV) any use of such queried 
                                communications pursuant to section 706 
                                will be carried out in accordance with 
                                such section; and
                            ``(ii) an order of the judge approving such 
                        application.
                    ``(B) Relevance and supervisory approval to access 
                noncontents information.--Except as provided by 
                subparagraph (C), in response to a query for evidence 
                of a crime, the information of queried communications 
                acquired under subsection (a) relating to the dialing, 
                routing, addressing, signaling, or other similar 
                noncontents information may be accessed or disseminated 
                only upon a determination by the Attorney General 
                that--
                            ``(i) such queried communications are 
                        relevant to an authorized investigation or 
                        assessment, provided that such investigation or 
                        assessment is not conducted solely on the basis 
                        of activities protected by the first amendment 
                        to the Constitution of the United States; and
                            ``(ii) any use of such queried 
                        communications pursuant to section 706 will be 
                        carried out in accordance with such section.
                    ``(C) Exceptions.--The requirement for an order of 
                a judge pursuant to subparagraph (A) and the 
                requirement for a determination by the Attorney General 
                under subparagraph (B), respectively, shall not apply 
                to accessing or disseminating queried communications 
                acquired under subsection (a) if one or more of the 
                following conditions are met:
                            ``(i) Such query is reasonably designed for 
                        the primary purpose of returning foreign 
                        intelligence information.
                            ``(ii) The Attorney General makes the 
                        determination described in subparagraph (A)(i) 
                        and--
                                    ``(I) the person related to the 
                                queried term is the subject of an order 
                                or emergency authorization that 
                                authorizes electronic surveillance or 
                                physical search under this Act or title 
                                18, United States Code; or
                                    ``(II) the Attorney General has a 
                                reasonable belief that the life or 
                                safety of a person is threatened and 
                                such contents are sought for the 
                                purpose of assisting that person.
                            ``(iii) Pursuant to paragraph (5), the 
                        person related to the queried term consents to 
                        such access or dissemination.
                    ``(D) Limitation on electronic surveillance of 
                united states persons.--If the Attorney General 
                determines that it is necessary to conduct electronic 
                surveillance on a known United States person who is 
                related to a term used in a query of communications 
                acquired under subsection (a), the Attorney General may 
                only conduct such electronic surveillance using 
                authority provided under other provisions of law.
                    ``(E) Simultaneous access of fbi databases.--The 
                Director of the Federal Bureau of Investigation shall 
                ensure that all available investigative or intelligence 
                databases of the Federal Bureau of Investigation are 
                simultaneously accessed when the Bureau properly uses 
                an information system of the Bureau to determine 
                whether information exists in such a database. 
                Regardless of any positive result that may be returned 
                pursuant to such access, the requirements of this 
                subsection shall apply.
                    ``(F) Delegation.--The Attorney General shall 
                delegate the authority under this paragraph to the 
                fewest number of officials that the Attorney General 
                determines practicable.
            ``(2) Authorized purposes for queries.--A collection of 
        communications acquired under subsection (a) may only be 
        queried for legitimate national security purposes or legitimate 
        law enforcement purposes.
            ``(3) Retention of auditable records.--The Attorney General 
        and each Director concerned shall retain records of queries 
        that return a positive result from a collection of 
        communications acquired under subsection (a). Such records 
        shall--
                    ``(A) include such queries for not less than 5 
                years after the date on which the query is made; and
                    ``(B) be maintained in a manner that is auditable 
                and available for congressional oversight.
            ``(4) Compliance and maintenance.--The requirements of this 
        subsection do not apply with respect to queries made for the 
        purpose of--
                    ``(A) submitting to Congress information required 
                by this Act or otherwise ensuring compliance with the 
                requirements of this section; or
                    ``(B) performing maintenance or testing of 
                information systems.
            ``(5) Consent.--The requirements of this subsection do not 
        apply with respect to--
                    ``(A) queries made using a term relating to a 
                person who consents to such queries; or
                    ``(B) the accessing or the dissemination of the 
                contents of queried communications of a person who 
                consents to such access or dissemination.
            ``(6) Director concerned.--In this subsection, the term 
        `Director concerned' means the following:
                    ``(A) The Director of the National Security Agency, 
                with respect to matters concerning the National 
                Security Agency.
                    ``(B) The Director of the Federal Bureau of 
                Investigation, with respect to matters concerning the 
                Federal Bureau of Investigation.
                    ``(C) The Director of the Central Intelligence 
                Agency, with respect to matters concerning the Central 
                Intelligence Agency.
                    ``(D) The Director of the National Counterterrorism 
                Center, with respect to matters concerning the National 
                Counterterrorism Center.''.
    (b) Procedures.--Subsection (e) of such section (50 U.S.C. 
1881a(e)) is amended by adding at the end the following new paragraph:
            ``(3) Certain procedures for querying.--The minimization 
        procedures adopted in accordance with paragraph (1) shall 
        describe a query reasonably designed for the primary purpose of 
        returning foreign intelligence information pursuant to 
        subsection (j)(1)(C)(i).''.
    (c) Conforming Amendment.--Subsection (g)(2)(B) of such section (50 
U.S.C. 1881a(g)(2)(B)) is amended by striking ``and (e)'' and inserting 
``(e), and (j)''.

SEC. 102. LIMITATION ON COLLECTION AND IMPROVEMENTS TO TARGETING 
              PROCEDURES AND MINIMIZATION PROCEDURES.

    (a) Targeting Procedures; Limitation on Collection.--Subsection (d) 
of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1881a(d)) is amended--
            (1) in paragraph (1), by striking ``The Attorney General'' 
        and inserting ``In accordance with paragraphs (3) and (4), the 
        Attorney General''; and
            (2) by adding at the end the following new paragraphs:
            ``(3) Due diligence.--The procedures adopted in accordance 
        with paragraph (1) shall require due diligence in determining 
        whether a person targeted is a non-United States person 
        reasonably believed to be located outside the United States 
        by--
                    ``(A) making the determination based on the 
                totality of the circumstances, including by, to the 
                extent practicable, ensuring that any conflicting 
                information regarding whether the person is reasonably 
                believed to be located outside the United States or is 
                a United States person is resolved before making such 
                determination;
                    ``(B) documenting the processes under subparagraph 
                (A); and
                    ``(C) documenting the rationale for why targeting 
                such person will result in the acquisition of foreign 
                intelligence information authorized by subsection (a).
            ``(4) Limitation.--During the period preceding September 
        30, 2023, the procedures adopted in accordance with paragraph 
        (1) shall require that the targeting of a person is limited to 
        communications to or from the targeted person.''.
    (b) Minimization Procedures.--Subsection (e) of such section (50 
U.S.C. 1881a(e)), as amended by section 101, is further amended--
            (1) in paragraph (1), by inserting ``, and the requirements 
        of this subsection'' before the period at the end; and
            (2) by adding at the end the following new paragraph:
            ``(4) Requests to unmask information.--The procedures 
        adopted under paragraph (1) shall include specific procedures 
        adopted by the Attorney General for elements of the Federal 
        Government to submit requests to unmask information in 
        disseminated intelligence reports. Such specific procedures 
        shall--
                    ``(A) require that an individual who is making the 
                request documents the rationale that such request is 
                for legitimate reasons authorized pursuant to paragraph 
                (1); and
                    ``(B) require the requesting element of the Federal 
                Government to retain records of each request, 
                including--
                            ``(i) a copy of the request;
                            ``(ii) the name and position of the 
                        individual who is making the request; and
                            ``(iii) if the request is approved, the 
                        name and position of the individual who 
                        approved the request and the date of the 
                        approval.''.
    (c) Unmask Defined.--Section 701(b) of such Act (50 U.S.C. 1881(b)) 
is amended by adding at the end the following new paragraph:
            ``(6) Unmask.--The term `unmask' means, with respect to a 
        disseminated intelligence report containing a reference to a 
        United States person that does not identify that person 
        (including by name or title), to disseminate the identity of 
        the United States person, including the name or title of the 
        person.''.
    (d) Consistent Requirements To Retain Records on Requests To Unmask 
Information.--The Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended as follows:
            (1) In section 101(h) (50 U.S.C. 1801(h))--
                    (A) in paragraph (3), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) specific procedures as described in section 
        702(e)(4).''.
            (2) In section 301(4) (50 U.S.C. 1821(4))--
                    (A) in subparagraph (C), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) specific procedures as described in section 
                702(e)(4).''.
            (3) In section 402(h) (50 U.S.C. 1842(h))--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) Requests for nonpublicly available information.--The 
        policies and procedures adopted under paragraph (1) shall 
        include specific procedures as described in section 
        702(e)(4).''.
            (4) In section 501(g)(2) (50 U.S.C. 1861(g)(2))--
                    (A) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) specific procedures as described in section 
                702(e)(4).''.
    (e) Report on Unmasking.--Not later than 90 days after the date of 
the enactment of this Act, the Director of National Intelligence shall 
submit to the Permanent Select Committee on Intelligence of the House 
of Representatives, the Select Committee on Intelligence of the Senate, 
and the Committees on the Judiciary of the House of Representatives and 
the Senate a report on the progress made by the Director with respect 
to--
            (1) ensuring that incidentally collected communications of 
        United States persons are properly masked if masking is 
        necessary; and
            (2) implementing procedures for requests to unmask 
        information under section 702(e)(4) of such Act (50 U.S.C. 
        1881a(e)(4)), as added by subsection (c).

SEC. 103. PUBLICATION OF MINIMIZATION PROCEDURES UNDER SECTION 702.

    Subsection (e) of section 702 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(e)), as amended by sections 
101 and 102, is further amended by adding at the end the following new 
paragraph:
            ``(5) 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, make such 
                minimization procedures publicly available to the 
                greatest extent practicable, which may be in redacted 
                form.''.

SEC. 104. APPOINTMENT OF AMICUS CURIAE FOR ANNUAL CERTIFICATIONS.

    Section 103(i) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(i)(2)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph (B):
                    ``(B) shall appoint an individual who has been 
                designated under paragraph (1) to serve as amicus 
                curiae to assist such court in the review of a 
                certification under section 702(i), unless the court 
                issues a finding that such appointment is not 
                appropriate; and''; and
            (2) in paragraphs (4) and (5), by striking ``paragraph 
        (2)(A)'' both places it appears and inserting ``subparagraph 
        (A) or (B) of paragraph (2)''.

SEC. 105. INCREASED ACCOUNTABILITY ON INCIDENTALLY COLLECTED 
              COMMUNICATIONS.

    Section 707 of such Act (50 U.S.C. 1881f) is amended by adding at 
the end the following new subsection:
    ``(c) Incidentally Collected Communications and Other 
Information.--Together with the semiannual report submitted under 
subsection (a), the Director of National Intelligence shall submit to 
the congressional committees specified in such subsection a report on 
incidentally collected communications and other information regarding 
United States persons under section 702. Each such report shall 
include, with respect to the 6-month period covered by the report, the 
following:
            ``(1) Except as provided by paragraph (2), the number, or a 
        good faith estimate, of communications acquired under 
        subsection (a) of such section of known United States persons 
        that the National Security Agency positively identifies as such 
        in the ordinary course of its business, including a description 
        of any efforts of the intelligence community to ascertain such 
        number or good faith estimate.
            ``(2) If the Director determines that calculating the 
        number, or a good faith estimate, under paragraph (1) is not 
        achievable, a detailed explanation for why such calculation is 
        not achievable.
            ``(3) The number of--
                    ``(A) United States persons whose information is 
                unmasked pursuant to subsection (e)(4) of such section;
                    ``(B) requests made by an element of the Federal 
                Government, listed by each such element, to unmask 
                information pursuant to such subsection; and
                    ``(C) requests that resulted in the dissemination 
                of names, titles, or other identifiers potentially 
                associated with individuals pursuant to such 
                subsection, including the element of the intelligence 
                community and position of the individual making the 
                request.
            ``(4) The number of disseminations of communications 
        acquired under subsection (a) of section 702 to the Federal 
        Bureau of Investigation for cases not pertaining to national 
        security or foreign intelligence.
            ``(5) The number of instances in which evidence of a crime 
        not pertaining to national security or foreign intelligence 
        that was identified in communications acquired under subsection 
        (a) of section 702 was disseminated from the national security 
        branch of the Bureau to the criminal investigative division of 
        the Bureau (or from such successor branch to such successor 
        division).''.

SEC. 106. SEMIANNUAL REPORTS ON CERTAIN QUERIES BY FEDERAL BUREAU OF 
              INVESTIGATION.

    Section 707 of such Act (50 U.S.C. 1881f), as amended by section 
105, is further amended by adding at the end the following new 
subsection:
    ``(d) Semiannual FBI Reports.--Together with the semiannual report 
submitted under subsection (a), the Director of the Federal Bureau of 
Investigation shall submit to the congressional committees specified in 
such subsection, and make publicly available, a report containing, with 
respect to the period covered by the report, the number of queries made 
by the Federal Bureau of Investigation described in subsection (j)(1) 
of section 702 that resulted in communications being accessed or 
disseminated pursuant to such subsection.''.

SEC. 107. ADDITIONAL REPORTING REQUIREMENTS.

    (a) Electronic Surveillance.--Section 107 of such Act (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 Congress 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. 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.''.
    (b) Pen Registers and Trap and Trace Devices.--Section 406 of such 
Act (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 persons 
        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 persons 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. Not later than 7 days after the date on which the 
Attorney General submits such a report, the Attorney General shall make 
such report publicly available.''.

SEC. 108. SENSE OF CONGRESS ON PURPOSE OF SECTION 702 AND RESPECTING 
              FOREIGN NATIONALS.

    It is the sense of Congress that--
            (1) the acquisition of communications by the National 
        Security Agency under section 702 of the Foreign Intelligence 
        Surveillance Act (50 U.S.C. 1881a) should respect the norms of 
        international comity by avoiding, both in actuality and 
        appearance, targeting of foreign individuals based on unfounded 
        discrimination or for the purpose of affording a commercial 
        competitive advantage to companies and business sectors of the 
        United States; and
            (2) the collection of intelligence under such section 702 
        is meant to shield the United States, and by extension, the 
        allies of the United States, from foreign security threats.

   TITLE II--SAFEGUARDS AND OVERSIGHT OF PRIVACY AND CIVIL LIBERTIES

SEC. 201. LIMITATION ON RETENTION OF CERTAIN DATA.

    (a) Required Purging.--Subsection (e) of section 702 of the of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(e)), as 
amended by title I, is further amended by adding at the end the 
following new paragraph:
            ``(6) Limitation on retention.--
                    ``(A) Period of retention and requirement for 
                purging.--Notwithstanding section 309 of the 
                Intelligence Authorization Act for Fiscal Year 2015 (50 
                U.S.C. 1813), except as provided by subparagraph (B), 
                the procedures adopted under paragraph (1) shall ensure 
                that any communications that do not contain foreign 
                intelligence information are purged by not later than 
                90 days after the date on which the communications are 
                determined to not contain foreign intelligence 
                information.
                    ``(B) Waiver.--The Director of the National 
                Security Agency may waive the requirements of 
                subparagraph (A), on an individualized and specific 
                basis, if the Director determines that such waiver is 
                necessary to protect the national security of the 
                United States.''.
    (b) Semiannual Assessment.--Subsection (m) of such section, as 
redesignated by section 101, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) Matters included in semiannual assessment to fisc and 
        congress.--Each semiannual assessment under paragraph (1) shall 
        include, with respect to the 6-month period covered by the 
        assessment, the following:
                    ``(A) An affidavit by the Director of the National 
                Security Agency, without delegation, that 
                communications described in subsection (e)(6)(A) were 
                purged pursuant to such subsection.
                    ``(B) The number of waivers made under subsection 
                (e)(6)(B), including a description of the purpose for 
                each such waiver.''.

SEC. 202. 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''.
    (c) Report on Section 702 and Terrorism.--Not later than 1 year 
after the date on which the Privacy and Civil Liberties Oversight Board 
first achieves a quorum following the date of the enactment of this 
Act, the Board 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 assessing--
            (1) how communications acquired under section 702 of the of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1881a) are used by the United States to prevent or defend 
        against terrorism;
            (2) how technological challenges and changes in technology 
        affect such prevention and defense; and
            (3) how privacy and civil liberties are affected by the 
        actions identified under paragraph (1) and the changes in 
        technology identified under paragraph (2).

SEC. 203. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    (a) Codification of Certain 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''.
    (b) Annual Reports on Incidental Communications of Known United 
States Persons.--Paragraph (4)(A) of subsection (m) of section 702 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as 
redesignated by sections 101 and 201, is amended--
            (1) in clause (iii), by striking ``; and'' and inserting a 
        semicolon;
            (2) in clause (iv), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new clause:
                            ``(v) a review by the privacy and civil 
                        liberties officer of the element of 
                        incidentally collected communications of known 
                        United States persons.''.

SEC. 204. 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), 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 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 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) 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 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, up to and 
                        including the Director of the Federal Bureau of 
                        Investigation;
                            (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) as described in section 7211 of title 
                        5, United States Code;
                            (vii) to the Office of Special Counsel; or
                            (viii) 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 in a manner consistent with 
        applicable provisions of sections 1214 and 1221 of title 5, 
        United States Code.
            (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.''.

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

SEC. 301. EXTENSION OF TITLE VII OF FISA.

    (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 
                ``September 30, 2023''; and
                    (B) by inserting ``and by the USA Liberty 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 
        ``September 30, 2023''.
    (b) Conforming Amendments.--Section 404(b) of the FISA Amendments 
Act of 2008 (Public Law 110-261; 122 Stat. 2476) is amended--
            (1) in paragraph (1)--
                    (A) in the heading, by striking ``December 31, 
                2017'' and inserting ``September 30, 2023''; and
                    (B) by inserting ``and by the USA Liberty Act of 
                2017'' after ``section 101(a)'';
            (2) in paragraph (2), by inserting ``and by the USA Liberty 
        Act of 2017'' after ``section 101(a)''; and
            (3) in paragraph (4)--
                    (A) by striking ``702(l)'' each place it appears 
                and inserting ``702(m)'';
                    (B) by inserting ``and amended by the USA Liberty 
                Act of 2017'' after ``as added by section 101(a)'' both 
                places it appears; and
                    (C) by inserting ``and by the USA Liberty Act of 
                2017'' after ``as amended by section 101(a)'' both 
                places it appears.
    (c) Effective Date of Amendments to FISA and FAA.--The amendments 
made to the FISA Amendments Act of 2008 (Public Law 110-261) by 
subsections (a) and (b) and to the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) by titles I and II shall take 
effect on the earlier of the date of the enactment of this Act or 
December 31, 2017.

SEC. 302. PENALTIES FOR UNAUTHORIZED REMOVAL AND RETENTION OF 
              CLASSIFIED DOCUMENTS OR MATERIAL.

    Section 1924 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``five years'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) 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, 
negligently removes such documents or materials without authority and 
knowingly retains such documents or materials at an unauthorized 
location shall be fined under this title or imprisoned for not more 
than one year, or both.''.

SEC. 303. COMPTROLLER GENERAL STUDY ON UNAUTHORIZED DISCLOSURES AND THE 
              CLASSIFICATION SYSTEM.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the unauthorized disclosure of classified 
information and the classification system of the United States.
    (b) Matters Included.--The study under subsection (a) shall address 
the following:
            (1) Insider threat risks to the unauthorized disclosure of 
        classified information.
            (2) The effect of modern technology on the unauthorized 
        disclosure of classified information, including with respect 
        to--
                    (A) using cloud storage for classified information; 
                and
                    (B) any technological means to prevent or detect 
                such unauthorized disclosure.
            (3) The effect of overclassification on the unauthorized 
        disclosure of classified information.
            (4) Any ways to improve the classification system of the 
        United States, including with respect to changing the levels of 
        classification used in such system.
            (5) How to improve the authorized sharing of classified 
        information, including with respect to sensitive compartmented 
        information.
            (6) The value of polygraph tests in determining who is 
        authorized to access classified information.
            (7) Whether each element of the intelligence community (as 
        defined in section 3(4) of the National Security Act of 1947 
        (50 U.S.C. 3003(4)))--
                    (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.
    (c) Cooperation.--The heads of the intelligence community shall 
provide to the Comptroller General information the Comptroller General 
determines necessary to carry out the study under subsection (a).
    (d) 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).
    (e) Form.--The report under subsection (d) shall be submitted in 
unclassified form, but may include a classified annex.

SEC. 304. SENSE OF CONGRESS ON INFORMATION SHARING AMONG INTELLIGENCE 
              COMMUNITY TO PROTECT NATIONAL SECURITY.

    It is the sense of Congress that, in carrying out section 702 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as 
amended by this Act, the United States Government should ensure that 
the barriers, whether real or perceived, to sharing critical foreign 
intelligence among the intelligence community that existed before 
September 11, 2001, are not reimposed by sharing information vital to 
national security among the intelligence community in a manner that is 
consistent with such section, applicable provisions of law, and the 
Constitution of the United States.

SEC. 305. SENSE OF CONGRESS ON COMBATING TERRORISM.

    It is the sense of Congress that, consistent with the protection of 
sources and methods, the President should share information learned by 
acquiring communications under section 702 of the Foreign Intelligence 
Surveillance Act (50 U.S.C. 1881a) with allies of the United States to 
prevent and defend against terrorism.

SEC. 306. TECHNICAL AMENDMENTS.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.) is amended as follows:
            (1) 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)''.
            (2) 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''.
            (3) In section 604(a)(3) (50 U.S.C. 1874(a)(3)), by 
        striking ``comply in the into'' and inserting ``comply into''.
            (4) In section 701--
                    (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))''.
            (5) In section 702(g)(2)(A)(i) (50 U.S.C. 
        1881a(g)(2)(A)(i)), by inserting ``targeting'' before 
        ``procedures in place''.
            (6) 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))''.

SEC. 307. 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.
                                 <all>