[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4478 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 2017

  Mr. Nunes introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
 Intelligence (Permanent Select), Oversight and Government Reform, 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 improve 
foreign intelligence collection and the safeguards, accountability, and 
oversight of acquisitions of foreign intelligence, to extend title VII 
                  of such Act, and for other purposes.

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

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.
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. Comptroller General study on the classification system and 
                            protection of classified information.
Sec. 304. Technical amendments and amendments to improve procedures of 
                            the Foreign Intelligence Surveillance Court 
                            of Review.
Sec. 305. 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) The term `international malicious cyber activity' means 
activity on or through an information system (as defined by section 102 
of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501))--
            ``(1) originating from, or directed by persons located, in 
        whole or in substantial part, outside the United States;
            ``(2) 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
            ``(3) that is not authorized by the United States 
        Government or otherwise carried out in accordance with Federal 
        law.''.

          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 to apply for court order.--Before 
                accessing 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 
                Federal Bureau of Investigation 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).
            ``(3) Query defined.--In this subsection, the term `query' 
        means any instance in which information the United States 
        Government has acquired is searched using one or more specific 
        terms for the purpose of discovering or retrieving unminimized 
        contents or noncontents of the communications of United States 
        persons.''.
            (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 subsections 
                (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)''; and
                    (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 
                reasonably designed to find evidence of a crime that 
                would not be considered 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 
                subsection 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''.

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. 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. 304. 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. 305. SEVERABILITY.

    If any provision of this Act, any amendment made by this Act, or 
the application thereof to any person or circumstance 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>