[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 139 Enrolled Bill (ENR)]

        S.139

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to improve 
foreign intelligence collection and the safeguards, accountability, and 
 oversight of acquisitions of foreign intelligence, to extend title VII 
                  of such Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``FISA Amendments 
Reauthorization Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

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

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

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

Sec. 201. Extension of title VII of FISA; effective dates.
Sec. 202. Increased penalty for unauthorized removal and retention of 
          classified documents or material.
Sec. 203. Report on challenges to the effectiveness of foreign 
          intelligence surveillance.
Sec. 204. Comptroller General study on the classification system and 
          protection of classified information.
Sec. 205. Technical amendments and amendments to improve procedures of 
          the Foreign Intelligence Surveillance Court of Review.
Sec. 206. Severability.
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
1978.
    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

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

    SEC. 101. QUERYING PROCEDURES REQUIRED.
    (a) Querying Procedures.--
        (1) In general.--Section 702 (50 U.S.C. 1881a) is amended--
            (A) by redesignating subsections (f) through (l) as 
        subsections (g) through (m), respectively; and
            (B) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Queries.--
        ``(1) Procedures required.--
            ``(A) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National Intelligence, shall 
        adopt querying procedures consistent with the requirements of 
        the fourth amendment to the Constitution of the United States 
        for information collected pursuant to an authorization under 
        subsection (a).
            ``(B) Record of united states person query terms.--The 
        Attorney General, in consultation with the Director of National 
        Intelligence, shall ensure that the procedures adopted under 
        subparagraph (A) include a technical procedure whereby a record 
        is kept of each United States person query term used for a 
        query.
            ``(C) Judicial review.--The procedures adopted in 
        accordance with subparagraph (A) shall be subject to judicial 
        review pursuant to subsection (j).
        ``(2) Access to results of certain queries conducted by fbi.--
            ``(A) Court order required for fbi review of certain query 
        results in criminal investigations unrelated to national 
        security.--Except as provided by subparagraph (E), in 
        connection with a predicated criminal investigation opened by 
        the Federal Bureau of Investigation that does not relate to the 
        national security of the United States, the Federal Bureau of 
        Investigation may not access the contents of communications 
        acquired under subsection (a) that were retrieved pursuant to a 
        query made using a United States person query term that was not 
        designed to find and extract foreign intelligence information 
        unless--
                ``(i) the Federal Bureau of Investigation applies for 
            an order of the Court under subparagraph (C); and
                ``(ii) the Court enters an order under subparagraph (D) 
            approving such application.
            ``(B) Jurisdiction.--The Court shall have jurisdiction to 
        review an application and to enter an order approving the 
        access described in subparagraph (A).
            ``(C) Application.--Each application for an order under 
        this paragraph shall be made by a Federal officer in writing 
        upon oath or affirmation to a judge having jurisdiction under 
        subparagraph (B). Each application shall require the approval 
        of the Attorney General based upon the finding of the Attorney 
        General that the application satisfies the criteria and 
        requirements of such application, as set forth in this 
        paragraph, and shall include--
                ``(i) the identity of the Federal officer making the 
            application; and
                ``(ii) an affidavit or other information containing a 
            statement of the facts and circumstances relied upon by the 
            applicant to justify the belief of the applicant that the 
            contents of communications described in subparagraph (A) 
            covered by the application would provide evidence of--

                    ``(I) criminal activity;
                    ``(II) contraband, fruits of a crime, or other 
                items illegally possessed by a third party; or
                    ``(III) property designed for use, intended for 
                use, or used in committing a crime.

            ``(D) Order.--Upon an application made pursuant to 
        subparagraph (C), the Court shall enter an order approving the 
        accessing of the contents of communications described in 
        subparagraph (A) covered by the application if the Court finds 
        probable cause to believe that such contents would provide any 
        of the evidence described in subparagraph (C)(ii).
            ``(E) Exception.--The requirement for an order of the Court 
        under subparagraph (A) to access the contents of communications 
        described in such subparagraph shall not apply with respect to 
        a query if the Federal Bureau of Investigation determines there 
        is a reasonable belief that such contents could assist in 
        mitigating or eliminating a threat to life or serious bodily 
        harm.
            ``(F) Rule of construction.--Nothing in this paragraph may 
        be construed as--
                ``(i) limiting the authority of the Federal Bureau of 
            Investigation to conduct lawful queries of information 
            acquired under subsection (a);
                ``(ii) limiting the authority of the Federal Bureau of 
            Investigation to review, without a court order, the results 
            of any query of information acquired under subsection (a) 
            that was reasonably designed to find and extract foreign 
            intelligence information, regardless of whether such 
            foreign intelligence information could also be considered 
            evidence of a crime; or
                ``(iii) prohibiting or otherwise limiting the ability 
            of the Federal Bureau of Investigation to access the 
            results of queries conducted when evaluating whether to 
            open an assessment or predicated investigation relating to 
            the national security of the United States.
        ``(3) Definitions.--In this subsection:
            ``(A) The term `contents' has the meaning given that term 
        in section 2510(8) of title 18, United States Code.
            ``(B) The term `query' means the use of one or more terms 
        to retrieve the unminimized contents or noncontents located in 
        electronic and data storage systems of communications of or 
        concerning United States persons obtained through acquisitions 
        authorized under subsection (a).''.
        (2) Application.--Subsection (f) of section 702 of the Foreign 
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as added 
    by paragraph (1), shall apply with respect to certifications 
    submitted under subsection (h) of such section to the Foreign 
    Intelligence Surveillance Court after January 1, 2018.
    (b) Conforming Amendments.--
        (1) Amendments to section 702 of fisa.--Such section 702 is 
    further amended--
            (A) in subsection (a), by striking ``with subsection 
        (i)(3)'' and inserting ``with subsection (j)(3)'';
            (B) in subsection (c)--
                (i) in paragraph (1)(B), by striking ``with subsection 
            (g)'' and inserting ``with subsection (h)'';
                (ii) in paragraph (2), by striking ``to subsection 
            (i)(3)'' and inserting ``to subsection (j)(3)''; and
                (iii) in paragraph (3)--

                    (I) in subparagraph (A), by striking ``with 
                subsection (g)'' and inserting ``with subsection (h)''; 
                and
                    (II) in subparagraph (B)--

                        (aa) by striking ``to subsection (i)(1)(C)'' 
                    and inserting ``to subsection (j)(1)(C)''; and
                        (bb) by striking ``under subsection (i)'' and 
                    inserting ``under subsection (j)'';
            (C) in subsection (d)(2), by striking ``to subsection (i)'' 
        and inserting ``to subsection (j)'';
            (D) in subsection (e)(2), by striking ``to subsection (i)'' 
        and inserting ``to subsection (j)'';
            (E) in subsection (h), as redesignated by subsection 
        (a)(1)--
                (i) in paragraph (2)(A)(iii), by striking ``with 
            subsection (f)'' and inserting ``with subsection (g)'';
                (ii) in paragraph (3), by striking ``with subsection 
            (i)(1)(C)'' and inserting ``with subsection (j)(1)(C)''; 
            and
                (iii) in paragraph (6), by striking ``to subsection 
            (i)'' and inserting ``to subsection (j)'';
            (F) in subsection (j), as redesignated by subsection 
        (a)(1)--
                (i) in paragraph (1)--

                    (I) in subparagraph (A), by striking ``targeting 
                and minimization procedures adopted in accordance with 
                subsections (d) and (e)'' and inserting ``targeting, 
                minimization, and querying procedures adopted in 
                accordance with subsections (d), (e), and (f)(1)'';
                    (II) in subparagraph (B), by striking ``targeting 
                and minimization procedures adopted in accordance with 
                subsections (d) and (e)'' and inserting ``targeting, 
                minimization, and querying procedures adopted in 
                accordance with subsections (d), (e), and (f)(1)''; and
                    (III) in subparagraph (C), by striking ``targeting 
                and minimization procedures adopted in accordance with 
                subsections (d) and (e)'' and inserting ``targeting, 
                minimization, and querying procedures adopted in 
                accordance with subsections (d), (e), and (f)(1)'';

                (ii) in paragraph (2)--

                    (I) in subparagraph (A), by striking ``with 
                subsection (g)'' and inserting ``with subsection (h)''; 
                and
                    (II) by adding at the end the following:

            ``(D) Querying procedures.--The querying procedures adopted 
        in accordance with subsection (f)(1) to assess whether such 
        procedures comply with the requirements of such subsection.'';
                (iii) in paragraph (3)--

                    (I) in subparagraph (A)--

                        (aa) by striking ``with subsection (g)'' and 
                    inserting ``with subsection (h)''; and
                        (bb) by striking ``targeting and minimization 
                    procedures adopted in accordance with subsections 
                    (d) and (e)'' and inserting ``targeting, 
                    minimization, and querying procedures adopted in 
                    accordance with subsections (d), (e), and (f)(1)''; 
                    and

                    (II) in subparagraph (B), in the matter before 
                clause (i)--

                        (aa) by striking ``with subsection (g)'' and 
                    inserting ``with subsection (h)''; and
                        (bb) by striking ``with subsections (d) and 
                    (e)'' and inserting ``with subsections (d), (e), 
                    and (f)(1)''; and
                (iv) in paragraph (5)(A)--

                    (I) by striking ``with subsection (g)'' and 
                inserting ``with subsection (h)''; and
                    (II) by striking ``with subsections (d) and (e)'' 
                and inserting ``with subsections (d), (e), and 
                (f)(1)''; and

            (G) in subsection (m), as redesignated by subsection 
        (a)(1)--
                (i) in paragraph (1), in the matter before subparagraph 
            (A)--

                    (I) by striking ``targeting and minimization 
                procedures adopted in accordance with subsections (d) 
                and (e)'' and inserting ``targeting, minimization, and 
                querying procedures adopted in accordance with 
                subsections (d), (e), and (f)(1)''; and
                    (II) by striking ``with subsection (f)'' and 
                inserting ``with subsection (g)''; and

                (ii) in paragraph (2)(A)--

                    (I) by striking ``targeting and minimization 
                procedures adopted in accordance with subsections (d) 
                and (e)'' and inserting ``targeting, minimization, and 
                querying procedures adopted in accordance with 
                subsections (d), (e), and (f)(1)''; and
                    (II) by striking ``with subsection (f)'' and 
                inserting ``with subsection (g)''.

        (2) Amendments to fisa.--The Foreign Intelligence Surveillance 
    Act of 1978 (50 U.S.C. 1801 et seq.) is further amended--
            (A) by striking ``section 702(h)'' each place it appears 
        and inserting ``section 702(i)'';
            (B) by striking ``section 702(g)'' each place it appears 
        and inserting ``section 702(h)''; and
            (C) in section 707(b)(1)(G)(ii), by striking ``subsections 
        (d), (e), and (f)'' and inserting ``subsections (d), (e), 
        (f)(1), and (g)''.
        (3) Amendments to fisa amendments act of 2008.--Section 404 of 
    the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 
    2008 (Public Law 110-261; 50 U.S.C. 1801 note) is amended--
            (A) in subsection (a)(7)(B)--
                (i) by striking ``under section 702(i)(3)'' and 
            inserting ``under section 702(j)(3)''; and
                (ii) by striking ``of section 702(i)(4)'' and inserting 
            ``of section 702(j)(4)'';
            (B) in subsection (b)--
                (i) in paragraph (3)--

                    (I) in subparagraph (A), by striking ``to section 
                702(h)'' and inserting ``to section 702(i)''; and
                    (II) in subparagraph (B)--

                        (aa) by striking ``section 702(h)(3) of'' and 
                    inserting ``section 702(i)(3) of''; and
                        (bb) by striking ``to section 702(h)'' and 
                    inserting ``to section 702(i)''; and
                (ii) in paragraph (4)--

                    (I) in subparagraph (A), by striking ``and sections 
                702(l)'' and inserting ``and sections 702(m)''; and
                    (II) in subparagraph (B)(iv), by striking ``or 
                section 702(l)'' and inserting ``or section 702(m)''.

    SEC. 102. USE AND DISCLOSURE PROVISIONS.
    (a) End Use Restriction.--Section 706(a) (50 U.S.C. 1881e(a)) is 
amended--
        (1) by striking ``Information acquired'' and inserting the 
    following:
        ``(1) In general.--Information acquired''; and
        (2) by adding at the end the following:
        ``(2) United states persons.--
            ``(A) In general.--Any information concerning a United 
        States person acquired under section 702 shall not be used in 
        evidence against that United States person pursuant to 
        paragraph (1) in any criminal proceeding unless--
                ``(i) the Federal Bureau of Investigation obtained an 
            order of the Foreign Intelligence Surveillance Court to 
            access such information pursuant to section 702(f)(2); or
                ``(ii) the Attorney General determines that--

                    ``(I) the criminal proceeding affects, involves, or 
                is related to the national security of the United 
                States; or
                    ``(II) the criminal proceeding involves--

                        ``(aa) death;
                        ``(bb) kidnapping;
                        ``(cc) serious bodily injury, as defined in 
                    section 1365 of title 18, United States Code;
                        ``(dd) conduct that constitutes a criminal 
                    offense that is a specified offense against a 
                    minor, as defined in section 111 of the Adam Walsh 
                    Child Protection and Safety Act of 2006 (34 U.S.C. 
                    20911);
                        ``(ee) incapacitation or destruction of 
                    critical infrastructure, as defined in section 
                    1016(e) of the USA PATRIOT Act (42 U.S.C. 
                    5195c(e));
                        ``(ff) cybersecurity, including conduct 
                    described in section 1016(e) of the USA PATRIOT Act 
                    (42 U.S.C. 5195c(e)) or section 1029, 1030, or 2511 
                    of title 18, United States Code;
                        ``(gg) transnational crime, including 
                    transnational narcotics trafficking and 
                    transnational organized crime; or
                        ``(hh) human trafficking.
            ``(B) No judicial review.--A determination by the Attorney 
        General under subparagraph (A)(ii) is not subject to judicial 
        review.''.
    (b) Intelligence Community Disclosure Provision.--Section 603 (50 
U.S.C. 1873) is amended--
        (1) in subsection (b)--
            (A) in paragraph (1), by striking ``good faith estimate of 
        the number of targets of such orders;'' and inserting the 
        following: ``good faith estimate of--
            ``(A) the number of targets of such orders;
            ``(B) the number of targets of such orders who are known to 
        not be United States persons; and
            ``(C) the number of targets of such orders who are known to 
        be United States persons;'';
            (B) in paragraph (2)--
                (i) in the matter preceding subparagraph (A), by 
            inserting ``, including pursuant to subsection (f)(2) of 
            such section,'' after ``section 702'';
                (ii) by redesignating subparagraphs (A) and (B) as 
            subparagraphs (B) and (C), respectively;
                (iii) by inserting before subparagraph (B), as so 
            redesignated, the following:
            ``(A) the number of targets of such orders;'';
                (iv) in subparagraph (B), as so redesignated, by 
            striking ``and'' at the end; and
                (v) by adding at the end the following:
            ``(D) the number of instances in which the Federal Bureau 
        of Investigation opened, under the Criminal Investigative 
        Division or any successor division, an investigation of a 
        United States person (who is not considered a threat to 
        national security) based wholly or in part on an acquisition 
        authorized under such section;'';
            (C) in paragraph (3)(A), by striking ``orders; and'' and 
        inserting the following: ``orders, including--
                ``(i) the number of targets of such orders who are 
            known to not be United States persons; and
                ``(ii) the number of targets of such orders who are 
            known to be United States persons; and'';
            (D) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
            (E) by inserting after paragraph (3) the following:
        ``(4) the number of criminal proceedings in which the United 
    States or a State or political subdivision thereof provided notice 
    pursuant to subsection (c) or (d) of section 106 (including with 
    respect to information acquired from an acquisition conducted under 
    section 702) or subsection (d) or (e) of section 305 of the intent 
    of the government to enter into evidence or otherwise use or 
    disclose any information obtained or derived from electronic 
    surveillance, physical search, or an acquisition conducted pursuant 
    to this Act;''; and
        (2) in subsection (d)--
            (A) in paragraph (1), by striking ``(4), or (5)'' and 
        inserting ``(5), or (6)'';
            (B) in paragraph (2)(A)--
                (i) by striking ``Paragraphs (2)(A), (2)(B), and 
            (5)(C)'' and inserting ``Paragraphs (2)(B), (2)(C), and 
            (6)(C)''; and
                (ii) by inserting before the period at the end the 
            following: ``, except with respect to information required 
            under paragraph (2) relating to orders issued under section 
            702(f)(2)''; and
            (C) in paragraph (3)(A), in the matter preceding clause 
        (i), by striking ``subsection (b)(2)(B)'' and inserting 
        ``subsection (b)(2)(C)''.
    SEC. 103. CONGRESSIONAL REVIEW AND OVERSIGHT OF ABOUTS COLLECTION.
    (a) In General.--Section 702(b) (50 U.S.C. 1881a(b)) is amended--
        (1) in paragraph (4), by striking ``and'' at the end;
        (2) by redesignating paragraph (5) as paragraph (6); and
        (3) by inserting after paragraph (4) the following:
        ``(5) may not intentionally acquire communications that contain 
    a reference to, but are not to or from, a target of an acquisition 
    authorized under subsection (a), except as provided under section 
    103(b) of the FISA Amendments Reauthorization Act of 2017; and''.
    (b) Congressional Review and Oversight of Abouts Collection.--
        (1) Definitions.--In this subsection:
            (A) The term ``abouts communication'' means a communication 
        that contains a reference to, but is not to or from, a target 
        of an acquisition authorized under section 702(a) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1881a(a)).
            (B) The term ``material breach'' means significant 
        noncompliance with applicable law or an order of the Foreign 
        Intelligence Surveillance Court concerning any acquisition of 
        abouts communications.
        (2) Submission to congress.--
            (A) Requirement.--Notwithstanding any other provision of 
        law, and except as provided in paragraph (4), if the Attorney 
        General and the Director of National Intelligence intend to 
        implement the authorization of the intentional acquisition of 
        abouts communications, before the first such implementation 
        after the date of enactment of this Act, the Attorney General 
        and the Director of National Intelligence shall submit to the 
        Committee on the Judiciary and the Select Committee on 
        Intelligence of the Senate and the Committee on the Judiciary 
        and the Permanent Select Committee on Intelligence of the House 
        of Representatives a written notice of the intent to implement 
        the authorization of such an acquisition, and any supporting 
        materials in accordance with this subsection.
            (B) Congressional review period.--During the 30-day period 
        beginning on the date written notice is submitted under 
        subparagraph (A), the Committee on the Judiciary and the Select 
        Committee on Intelligence of the Senate and the Committee on 
        the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives shall, as 
        appropriate, hold hearings and briefings and otherwise obtain 
        information in order to fully review the written notice.
            (C) Limitation on action during congressional review 
        period.--Notwithstanding any other provision of law, and 
        subject to paragraph (4), unless the Attorney General and the 
        Director of National Intelligence make a determination pursuant 
        to section 702(c)(2) of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1881a(c)(2)), the Attorney General and 
        the Director of National Intelligence may not implement the 
        authorization of the intentional acquisition of abouts 
        communications before the end of the period described in 
        subparagraph (B).
        (3) Written notice.--Written notice under paragraph (2)(A) 
    shall include the following:
            (A) A copy of any certification submitted to the Foreign 
        Intelligence Surveillance Court pursuant to section 702 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1881a), or amendment thereto, authorizing the intentional 
        acquisition of abouts communications, including all affidavits, 
        procedures, exhibits, and attachments submitted therewith.
            (B) The decision, order, or opinion of the Foreign 
        Intelligence Surveillance Court approving such certification, 
        and any pleadings, applications, or memoranda of law associated 
        with such decision, order, or opinion.
            (C) A summary of the protections in place to detect any 
        material breach.
            (D) Data or other results of modeling, simulation, or 
        auditing of sample data demonstrating that any acquisition 
        method involving the intentional acquisition of abouts 
        communications shall be conducted in accordance with title VII 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1881 et seq.), if such data or other results exist at the time 
        the written notice is submitted and were provided to the 
        Foreign Intelligence Surveillance Court.
            (E) Except as provided under paragraph (4), a statement 
        that no acquisition authorized under subsection (a) of such 
        section 702 shall include the intentional acquisition of an 
        abouts communication until after the end of the 30-day period 
        described in paragraph (2)(B).
        (4) Exception for emergency acquisition.--
            (A) Notice of determination.--If the Attorney General and 
        the Director of National Intelligence make a determination 
        pursuant to section 702(c)(2) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1881a(c)(2)) with respect 
        to the intentional acquisition of abouts communications, the 
        Attorney General and the Director of National Intelligence 
        shall notify the Committee on the Judiciary and the Select 
        Committee on Intelligence of the Senate and the Committee on 
        the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives as soon as 
        practicable, but not later than 7 days after the determination 
        is made.
            (B) Implementation or continuation.--
                (i) In general.--If the Foreign Intelligence 
            Surveillance Court approves a certification that authorizes 
            the intentional acquisition of abouts communications before 
            the end of the 30-day period described in paragraph (2)(B), 
            the Attorney General and the Director of National 
            Intelligence may authorize the immediate implementation or 
            continuation of that certification if the Attorney General 
            and the Director of National Intelligence jointly determine 
            that exigent circumstances exist such that without such 
            immediate implementation or continuation intelligence 
            important to the national security of the United States may 
            be lost or not timely acquired.
                (ii) Notice.--The Attorney General and the Director of 
            National Intelligence shall submit to the Committee on the 
            Judiciary and the Select Committee on Intelligence of the 
            Senate and the Committee on the Judiciary and the Permanent 
            Select Committee on Intelligence of the House of 
            Representatives notification of a determination pursuant to 
            clause (i) as soon as practicable, but not later than 3 
            days after the determination is made.
        (5) Reporting of material breach.--Subsection (m) of section 
    702 (50 U.S.C. 1881a), as redesignated by section 101, is amended--
            (A) in the heading by striking ``and Reviews'' and 
        inserting ``Reviews, and Reporting''; and
            (B) by adding at the end the following new paragraph:
        ``(4) Reporting of material breach.--
            ``(A) In general.--The head of each element of the 
        intelligence community involved in the acquisition of abouts 
        communications shall fully and currently inform the Committees 
        on the Judiciary of the House of Representatives and the Senate 
        and the congressional intelligence committees of a material 
        breach.
            ``(B) Definitions.--In this paragraph:
                ``(i) The term `abouts communication' means a 
            communication that contains a reference to, but is not to 
            or from, a target of an acquisition authorized under 
            subsection (a).
                ``(ii) The term `material breach' means significant 
            noncompliance with applicable law or an order of the 
            Foreign Intelligence Surveillance Court concerning any 
            acquisition of abouts communications.''.
        (6) Appointment of amici curiae by foreign intelligence 
    surveillance court.--For purposes of section 103(i)(2)(A) of the 
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
    1803(i)(2)(A)), the Foreign Intelligence Surveillance Court shall 
    treat the first certification under section 702(h) of such Act (50 
    U.S.C. 1881a(h)) or amendment thereto that authorizes the 
    acquisition of abouts communications as presenting a novel or 
    significant interpretation of the law, unless the court determines 
    otherwise.
    SEC. 104. PUBLICATION OF MINIMIZATION PROCEDURES UNDER SECTION 702.
    Section 702(e) (50 U.S.C. 1881a(e)) is amended by adding at the end 
the following new paragraph:
        ``(3) Publication.--The Director of National Intelligence, in 
    consultation with the Attorney General, shall--
            ``(A) conduct a declassification review of any minimization 
        procedures adopted or amended in accordance with paragraph (1); 
        and
            ``(B) consistent with such review, and not later than 180 
        days after conducting such review, make such minimization 
        procedures publicly available to the greatest extent 
        practicable, which may be in redacted form.''.
    SEC. 105. SECTION 705 EMERGENCY PROVISION.
    Section 705 (50 U.S.C. 1881d) is amended by adding at the end the 
following:
    ``(c) Emergency Authorization.--
        ``(1) Concurrent authorization.--If the Attorney General 
    authorized the emergency employment of electronic surveillance or a 
    physical search pursuant to section 105 or 304, the Attorney 
    General may authorize, for the effective period of the emergency 
    authorization and subsequent order pursuant to section 105 or 304, 
    without a separate order under section 703 or 704, the targeting of 
    a United States person subject to such emergency employment for the 
    purpose of acquiring foreign intelligence information while such 
    United States person is reasonably believed to be located outside 
    the United States.
        ``(2) Use of information.--If an application submitted to the 
    Court pursuant to section 104 or 303 is denied, or in any other 
    case in which the acquisition pursuant to paragraph (1) is 
    terminated and no order with respect to the target of the 
    acquisition is issued under section 105 or 304, all information 
    obtained or evidence derived from such acquisition shall be handled 
    in accordance with section 704(d)(4).''.
    SEC. 106. COMPENSATION OF AMICI CURIAE AND TECHNICAL EXPERTS.
    Subsection (i) of section 103 (50 U.S.C. 1803) is amended by adding 
at the end the following:
        ``(11) Compensation.--Notwithstanding any other provision of 
    law, a court established under subsection (a) or (b) may compensate 
    an amicus curiae appointed under paragraph (2) for assistance 
    provided under such paragraph as the court considers appropriate 
    and at such rate as the court considers appropriate.''.
    SEC. 107. ADDITIONAL REPORTING REQUIREMENTS.
    (a) Electronic Surveillance.--Section 107 (50 U.S.C. 1807) is 
amended to read as follows:
    ``SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE.
    ``(a) Annual Report.--In April of each year, the Attorney General 
shall transmit to the Administrative Office of the United States Courts 
and to the congressional intelligence committees and the Committees on 
the Judiciary of the House of Representatives and the Senate a report 
setting forth with respect to the preceding calendar year--
        ``(1) the total number of applications made for orders and 
    extensions of orders approving electronic surveillance under this 
    title;
        ``(2) the total number of such orders and extensions either 
    granted, modified, or denied; and
        ``(3) the total number of subjects targeted by electronic 
    surveillance conducted under an order or emergency authorization 
    under this title, rounded to the nearest 500, including the number 
    of such individuals who are United States persons, reported to the 
    nearest band of 500, starting with 0-499.
    ``(b) Form.--Each report under subsection (a) shall be submitted in 
unclassified form, to the extent consistent with national security. Not 
later than 7 days 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. 108. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
      BOARD.
    (a) Appointment of Staff.--Subsection (j) of section 1061 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 
2000ee(j)) is amended--
        (1) by redesignating paragraphs (2) and (3) as paragraphs (3) 
    and (4), respectively; and
        (2) by inserting after paragraph (1) the following new 
    paragraph:
        ``(2) Appointment in absence of chairman.--If the position of 
    chairman of the Board is vacant, during the period of the vacancy, 
    the Board, at the direction of the unanimous vote of the serving 
    members of the Board, may exercise the authority of the chairman 
    under paragraph (1).''.
    (b) Meetings.--Subsection (f) of such section (42 U.S.C. 2000ee(f)) 
is amended--
        (1) by striking ``The Board shall'' and inserting ``The 
    Board'';
        (2) in paragraph (1) by striking ``make its'' and inserting 
    ``shall make its''; and
        (3) in paragraph (2)--
            (A) by striking ``hold public'' and inserting ``shall hold 
        public''; and
            (B) by inserting before the period at the end the 
        following: ``, but may, notwithstanding section 552b of title 
        5, United States Code, meet or otherwise communicate in any 
        number to confer or deliberate in a manner that is closed to 
        the public''.
    SEC. 109. PRIVACY AND CIVIL LIBERTIES OFFICERS.
    Section 1062(a) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee-1(a)) is amended by inserting ``, the 
Director of the National Security Agency, the Director of the Federal 
Bureau of Investigation'' after ``the Director of the Central 
Intelligence Agency''.
    SEC. 110. WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE 
      INTELLIGENCE COMMUNITY.
    (a) Prohibited Personnel Practices in the Intelligence Community.--
Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is 
amended--
        (1) in subsection (a)--
            (A) in paragraph (3), by inserting ``or a contractor 
        employee'' after ``character)''; and
            (B) by adding at the end the following new paragraph:
        ``(4) Contractor employee.--The term `contractor employee' 
    means an employee of a contractor, subcontractor, grantee, 
    subgrantee, or personal services contractor, of a covered 
    intelligence community element.'';
        (2) by redesignating subsections (c) and (d) as subsections (d) 
    and (e), respectively;
        (3) by inserting after subsection (b) the following new 
    subsection (c):
    ``(c) Contractor Employees.--(1) Any employee of a contractor, 
subcontractor, grantee, subgrantee, or personal services contractor, of 
a covered intelligence community element who has authority to take, 
direct others to take, recommend, or approve any personnel action, 
shall not, with respect to such authority, take or fail to take a 
personnel action with respect to any contractor employee as a reprisal 
for a lawful disclosure of information by the contractor employee to 
the Director of National Intelligence (or an employee designated by the 
Director of National Intelligence for such purpose), the Inspector 
General of the Intelligence Community, the head of the contracting 
agency (or an employee designated by the head of that agency for such 
purpose), the appropriate inspector general of the contracting agency, 
a congressional intelligence committee, or a member of a congressional 
intelligence committee, which the contractor employee reasonably 
believes evidences--
        ``(A) a violation of any Federal law, rule, or regulation 
    (including with respect to evidence of another employee or 
    contractor employee accessing or sharing classified information 
    without authorization); or
        ``(B) gross mismanagement, a gross waste of funds, an abuse of 
    authority, or a substantial and specific danger to public health or 
    safety.
    ``(2) A personnel action under paragraph (1) is prohibited even if 
the action is undertaken at the request of an agency official, unless 
the request takes the form of a nondiscretionary directive and is 
within the authority of the agency official making the request.'';
        (4) in subsection (b), by striking the heading and inserting 
    ``Agency Employees.--''; and
        (5) in subsection (e), as redesignated by paragraph (2), by 
    inserting ``contractor employee,'' after ``any employee,''.
    (b) Federal Bureau of Investigation.--
        (1) In general.--Any employee of a contractor, subcontractor, 
    grantee, subgrantee, or personal services contractor, of the 
    Federal Bureau of Investigation who has authority to take, direct 
    others to take, recommend, or approve any personnel action, shall 
    not, with respect to such authority, take or fail to take a 
    personnel action with respect to a contractor employee as a 
    reprisal for a disclosure of information--
            (A) made--
                (i) to a supervisor in the direct chain of command of 
            the contractor employee;
                (ii) to the Inspector General;
                (iii) to the Office of Professional Responsibility of 
            the Department of Justice;
                (iv) to the Office of Professional Responsibility of 
            the Federal Bureau of Investigation;
                (v) to the Inspection Division of the Federal Bureau of 
            Investigation;
                (vi) to the Office of Special Counsel; or
                (vii) to an employee designated by any officer, 
            employee, office, or division described in clauses (i) 
            through (vii) for the purpose of receiving such 
            disclosures; and
            (B) which the contractor employee reasonably believes 
        evidences--
                (i) any violation of any law, rule, or regulation 
            (including with respect to evidence of another employee or 
            contractor employee accessing or sharing classified 
            information without authorization); or
                (ii) gross mismanagement, a gross waste of funds, an 
            abuse of authority, or a substantial and specific danger to 
            public health or safety.
        (2) Actions by request.--A personnel action under paragraph (1) 
    is prohibited even if the action is undertaken at the request of an 
    official of the Federal Bureau of Investigation, unless the request 
    takes the form of a nondiscretionary directive and is within the 
    authority of the official making the request.
        (3) Regulations.--The Attorney General shall prescribe 
    regulations to ensure that a personnel action described in 
    paragraph (1) shall not be taken against a contractor employee of 
    the Federal Bureau of Investigation as a reprisal for any 
    disclosure of information described in subparagraph (A) of such 
    paragraph.
        (4) Enforcement.--The President shall provide for the 
    enforcement of this subsection.
        (5) Definitions.--In this subsection:
            (A) The term ``contractor employee'' means an employee of a 
        contractor, subcontractor, grantee, subgrantee, or personal 
        services contractor, of the Federal Bureau of Investigation.
            (B) The term ``personnel action'' means any action 
        described in clauses (i) through (x) of section 2302(a)(2)(A) 
        of title 5, United States Code, with respect to a contractor 
        employee.
    (c) Retaliatory Revocation of Security Clearances and Access 
Determinations.--Section 3001(j) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) is amended by 
adding at the end the following new paragraph:
        ``(8) Inclusion of contractor employees.--In this subsection, 
    the term `employee' includes an employee of a contractor, 
    subcontractor, grantee, subgrantee, or personal services 
    contractor, of an agency. With respect to such employees, the term 
    `employing agency' shall be deemed to be the contracting agency.''.
    SEC. 111. BRIEFING ON NOTIFICATION REQUIREMENTS.
    Not later than 180 days after the date of the enactment of this 
Act, the Attorney General, in consultation with the Director of 
National Intelligence, shall provide to the Committee on the Judiciary 
and the Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on the Judiciary and the Select 
Committee on Intelligence of the Senate a briefing with respect to how 
the Department of Justice interprets the requirements under sections 
106(c), 305(d), and 405(c) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1806(c), 1825(d), and 1845(c)) to notify an 
aggrieved person under such sections of the use of information obtained 
or derived from electronic surveillance, physical search, or the use of 
a pen register or trap and trace device. The briefing shall focus on 
how the Department interprets the phrase ``obtained or derived from'' 
in such sections.
    SEC. 112. INSPECTOR GENERAL REPORT ON QUERIES CONDUCTED BY FEDERAL 
      BUREAU OF INVESTIGATION.
    (a) Report.--Not later than 1 year after the date on which the 
Foreign Intelligence Surveillance Court first approves the querying 
procedures adopted pursuant to section 702(f) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), as added by 
section 101, the Inspector General of the Department of Justice shall 
submit to the Committee on the Judiciary and the Select Committee on 
Intelligence of the Senate and the Committee on the Judiciary and the 
Permanent Select Committee on Intelligence of the House of 
Representatives a report containing a review by the Inspector General 
of the interpretation of, and compliance with, such procedures by the 
Federal Bureau of Investigation.
    (b) Matters Included.--The report under subsection (a) shall 
include, at a minimum, an assessment of the following:
        (1) The interpretations by the Federal Bureau of Investigation 
    and the National Security Division of the Department of Justice, 
    respectively, relating to the querying procedures adopted under 
    subsection (f) of section 702 of the Foreign Intelligence 
    Surveillance Act of 1978 (50 U.S.C. 1881a(f)), as added by section 
    101.
        (2) The handling by the Federal Bureau of Investigation of 
    individuals whose citizenship status is unknown at the time of a 
    query conducted under such section 702.
        (3) The practice of the Federal Bureau of Investigation with 
    respect to retaining records of queries conducted under such 
    section 702 for auditing purposes.
        (4) The training or other processes of the Federal Bureau of 
    Investigation to ensure compliance with such querying procedures.
        (5) The implementation of such querying procedures with respect 
    to queries conducted when evaluating whether to open an assessment 
    or predicated investigation relating to the national security of 
    the United States.
        (6) The scope of access by the criminal division of the Federal 
    Bureau of Investigation to information obtained pursuant to the 
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
    seq.), including with respect to information acquired under 
    subsection (a) of such section 702 based on queries conducted by 
    the criminal division.
        (7) The frequency and nature of the reviews conducted by the 
    National Security Division of the Department of Justice and the 
    Office of the Director of National Intelligence relating to the 
    compliance by the Federal Bureau of Investigation with such 
    querying procedures.
        (8) Any impediments, including operational, technical, or 
    policy impediments, for the Federal Bureau of Investigation to 
    count--
            (A) the total number of queries where the Federal Bureau of 
        Investigation subsequently accessed information acquired under 
        subsection (a) of such section 702;
            (B) the total number of such queries that used known United 
        States person identifiers; and
            (C) the total number of queries for which the Federal 
        Bureau of Investigation received an order of the Foreign 
        Intelligence Surveillance Court pursuant to subsection (f)(2) 
        of such section 702.
    (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form to the extent consistent with national security, but 
may include a classified annex.

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

    SEC. 201. EXTENSION OF TITLE VII OF FISA; EFFECTIVE DATES.
    (a) Extension.--Section 403(b) of the FISA Amendments Act of 2008 
(Public Law 110-261; 122 Stat. 2474) is amended--
        (1) in paragraph (1)--
            (A) by striking ``December 31, 2017'' and inserting 
        ``December 31, 2023''; and
            (B) by inserting ``and by the FISA Amendments 
        Reauthorization Act of 2017'' after ``section 101(a)''; and
        (2) in paragraph (2) in the matter preceding subparagraph (A), 
    by striking ``December 31, 2017'' and inserting ``December 31, 
    2023''.
    (b) Conforming Amendments.--Section 404(b) of the FISA Amendments 
Act of 2008 (Public Law 110-261; 122 Stat. 2476), as amended by section 
101, is further amended--
        (1) in paragraph (1)--
            (A) in the heading, by striking ``December 31, 2017'' and 
        inserting ``December 31, 2023''; and
            (B) by inserting ``and by the FISA Amendments 
        Reauthorization Act of 2017'' after ``section 101(a)'';
        (2) in paragraph (2), by inserting ``and by the FISA Amendments 
    Reauthorization Act of 2017'' after ``section 101(a)''; and
        (3) in paragraph (4)--
            (A) by inserting ``and amended by the FISA Amendments 
        Reauthorization Act of 2017'' after ``as added by section 
        101(a)'' both places it appears; and
            (B) by inserting ``and by the FISA Amendments 
        Reauthorization Act of 2017'' after ``as amended by section 
        101(a)'' both places it appears.
    (c) Effective Date of Amendments to FAA.--The amendments made to 
the FISA Amendments Act of 2008 (Public Law 110-261) by this section 
shall take effect on December 31, 2017.
    SEC. 202. INCREASED PENALTY FOR UNAUTHORIZED REMOVAL AND RETENTION 
      OF CLASSIFIED DOCUMENTS OR MATERIAL.
    Section 1924(a) of title 18, United States Code, is amended by 
striking ``one year'' and inserting ``five years''.
    SEC. 203. REPORT ON CHALLENGES TO THE EFFECTIVENESS OF FOREIGN 
      INTELLIGENCE SURVEILLANCE.
    (a) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Attorney General, in coordination with the 
Director of National Intelligence, shall submit to the Committee on the 
Judiciary and the Permanent Select Committee on Intelligence of the 
House of Representatives and the Committee on the Judiciary and the 
Select Committee on Intelligence of the Senate a report on current and 
future challenges to the effectiveness of the foreign intelligence 
surveillance activities of the United States authorized under the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
    (b) Matters Included.--The report under subsection (a) shall 
include, at a minimum, the following:
        (1) A discussion of any trends that currently challenge the 
    effectiveness of the foreign intelligence surveillance activities 
    of the United States, or could foreseeably challenge such 
    activities during the decade following the date of the report, 
    including with respect to--
            (A) the extraordinary and surging volume of data occurring 
        worldwide;
            (B) the use of encryption;
            (C) changes to worldwide telecommunications patterns or 
        infrastructure;
            (D) technical obstacles in determining the location of data 
        or persons;
            (E) the increasing complexity of the legal regime, 
        including regarding requests for data in the custody of foreign 
        governments;
            (F) the current and future ability of the United States to 
        obtain, on a compulsory or voluntary basis, assistance from 
        telecommunications providers or other entities; and
            (G) any other matters the Attorney General and the Director 
        of National Intelligence determine appropriate.
        (2) Recommendations for changes, including, as appropriate, 
    fundamental changes, to the foreign intelligence surveillance 
    activities of the United States to address the challenges 
    identified under paragraph (1) and to ensure the long-term 
    effectiveness of such activities.
        (3) Recommendations for any changes to the Foreign Intelligence 
    Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that the Attorney 
    General and the Director of National Intelligence determine 
    necessary to address the challenges identified under paragraph (1).
    (c) Form.--The report under subsection (a) may be submitted in 
classified or unclassified form.
    SEC. 204. COMPTROLLER GENERAL STUDY ON THE CLASSIFICATION SYSTEM 
      AND PROTECTION OF CLASSIFIED INFORMATION.
    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the classification system of the United States and 
the methods by which the intelligence community (as defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) protects 
classified information.
    (b) Matters Included.--The study under subsection (a) shall address 
the following:
        (1) Whether sensitive information is properly classified.
        (2) The effect of modern technology on the storage and 
    protection of classified information, including with respect to--
            (A) using cloud storage for classified information; and
            (B) any technological means to prevent or detect 
        unauthorized access to such information.
        (3) Any ways to improve the classification system of the United 
    States, including with respect to changing the levels of 
    classification used in such system and to reduce 
    overclassification.
        (4) How to improve the authorized sharing of classified 
    information, including with respect to sensitive compartmented 
    information.
        (5) The value of polygraph tests in determining who is 
    authorized to access classified information and in investigating 
    unauthorized disclosures of classified information.
        (6) Whether each element of the intelligence community--
            (A) applies uniform standards in determining who is 
        authorized to access classified information; and
            (B) provides proper training with respect to the handling 
        of classified information and the avoidance of 
        overclassification.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committee on the Judiciary and the Permanent Select Committee on 
Intelligence of the House of Representatives and the Committee on the 
Judiciary and the Select Committee on Intelligence of the Senate a 
report containing the study under subsection (a).
    (d) Form.--The report under subsection (c) shall be submitted in 
unclassified form, but may include a classified annex.
    SEC. 205. TECHNICAL AMENDMENTS AND AMENDMENTS TO IMPROVE PROCEDURES 
      OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.
    (a) Technical Amendments.--The Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended as follows:
        (1) In section 103(b) (50 U.S.C. 1803(b)), by striking 
    ``designate as the'' and inserting ``designated as the''.
        (2) In section 302(a)(1)(A)(iii) (50 U.S.C. 
    1822(a)(1)(A)(iii)), by striking ``paragraphs (1) through (4)'' and 
    inserting ``subparagraphs (A) through (D)''.
        (3) In section 406(b) (50 U.S.C. 1846(b)), by striking ``and to 
    the Committees on the Judiciary of the House of Representatives and 
    the Senate''.
        (4) In section 604(a) (50 U.S.C. 1874(a))--
            (A) in paragraph (1)(D), by striking ``contents'' and 
        inserting ``contents,''; and
            (B) in paragraph (3), by striking ``comply in the into'' 
        and inserting ``comply into''.
        (5) In section 701 (50 U.S.C. 1881)--
            (A) in subsection (a), by striking ``The terms'' and 
        inserting ``In this title, the terms''; and
            (B) in subsection (b)--
                (i) by inserting ``In this title:'' after the 
            subsection heading; and
                (ii) in paragraph (5), by striking ``(50 U.S.C. 
            401a(4))'' and inserting ``(50 U.S.C. 3003(4))''.
        (6) In section 702(h)(2)(A)(i) (50 U.S.C. 1881a(h)(2)(A)(i)), 
    as redesignated by section 101, by inserting ``targeting'' before 
    ``procedures in place''.
        (7) In section 801(7) (50 U.S.C. 1885(7)), by striking ``(50 
    U.S.C. 401a(4))'' and inserting ``(50 U.S.C. 3003(4))''.
    (b) Court-related Amendments.--The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended as 
follows:
        (1) In section 103 (50 U.S.C. 1803)--
            (A) in subsection (b), by striking ``immediately''; and
            (B) in subsection (h), by striking ``the court established 
        under subsection (a)'' and inserting ``a court established 
        under this section''.
        (2) In section 105(d) (50 U.S.C. 1805(d)), by adding at the end 
    the following new paragraph:
    ``(4) A denial of the application made under section 104 may be 
reviewed as provided in section 103.''.
        (3) In section 302(d) (50 U.S.C. 1822(d)), by striking 
    ``immediately''.
        (4) In section 402(d) (50 U.S.C. 1842(d)), by adding at the end 
    the following new paragraph:
    ``(3) A denial of the application made under this subsection may be 
reviewed as provided in section 103.''.
        (5) In section 403(c) (50 U.S.C. 1843(c)), by adding at the end 
    the following new paragraph:
    ``(3) A denial of the application made under subsection (a)(2) may 
be reviewed as provided in section 103.''.
        (6) In section 501(c) (50 U.S.C. 1861(c)), by adding at the end 
    the following new paragraph:
        ``(4) A denial of the application made under this subsection 
    may be reviewed as provided in section 103.''.
    SEC. 206. 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.