[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1997 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1997

 To amend the Foreign Intelligence Surveillance Act of 1978 to protect 
                privacy rights, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 24, 2017

Mr. Wyden (for himself, Mr. Paul, Mr. Udall, Ms. Baldwin, Mr. Heinrich, 
   Ms. Hirono, Mr. Merkley, Mr. Markey, Mr. Sanders, Ms. Warren, Mr. 
 Tester, Mr. Heller, Mr. Lee, and Mr. Daines) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to protect 
                privacy rights, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uniting and 
Strengthening America by Reforming and Improving the Government's High-
Tech Surveillance Act of 2017'' or the ``USA RIGHTS 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. Clarification on prohibition on querying of collections of 
                            communications to conduct warrantless 
                            queries for the communications of United 
                            States persons and persons inside the 
                            United States.
Sec. 3. Prohibition on reverse targeting under certain authorities of 
                            the Foreign Intelligence Surveillance Act 
                            of 1978.
Sec. 4. Prohibition on acquisition, pursuant to certain FISA 
                            authorities to target certain persons 
                            outside the United States, of 
                            communications that do not include persons 
                            targeted under such authorities.
Sec. 5. Prohibition on acquisition of entirely domestic communications 
                            under authorities to target certain persons 
                            outside the United States.
Sec. 6. Limitation on use of information obtained under certain 
                            authority of Foreign Intelligence 
                            Surveillance Act of 1978 relating to United 
                            States persons.
Sec. 7. Reforms of the Privacy and Civil Liberties Oversight Board.
Sec. 8. Improved role in oversight of electronic surveillance by amici 
                            curiae appointed by courts under Foreign 
                            Intelligence Surveillance Act of 1978.
Sec. 9. Reforms to the Foreign Intelligence Surveillance Court.
Sec. 10. Study and report on diversity and representation on the FISA 
                            Court and the FISA Court of Review.
Sec. 11. Grounds for determining injury in fact in civil action 
                            relating to surveillance under certain 
                            provisions of Foreign Intelligence 
                            Surveillance Act of 1978.
Sec. 12. Clarification of applicability of requirement to declassify 
                            significant decisions of Foreign 
                            Intelligence Surveillance Court and Foreign 
                            Intelligence Surveillance Court of Review.
Sec. 13. Clarification regarding treatment of information acquired 
                            under Foreign Intelligence Surveillance Act 
                            of 1978.
Sec. 14. Limitation on technical assistance from electronic 
                            communication service providers under the 
                            Foreign Intelligence Surveillance Act of 
                            1978.
Sec. 15. Modification of authorities for public reporting by persons 
                            subject to nondisclosure requirement 
                            accompanying order under Foreign 
                            Intelligence Surveillance Act of 1978.
Sec. 16. Annual publication of statistics on number of persons targeted 
                            outside the United States under certain 
                            Foreign Intelligence Surveillance Act of 
                            1978 authority.
Sec. 17. Repeal of nonapplicability to Federal Bureau of Investigation 
                            of certain reporting requirements under 
                            Foreign Intelligence Surveillance Act of 
                            1978.
Sec. 18. Publication of estimates regarding communications collected 
                            under certain provision of Foreign 
                            Intelligence Surveillance Act of 1978.
Sec. 19. Four-year extension of FISA Amendments Act of 2008.

SEC. 2. CLARIFICATION ON PROHIBITION ON QUERYING OF COLLECTIONS OF 
              COMMUNICATIONS TO CONDUCT WARRANTLESS QUERIES FOR THE 
              COMMUNICATIONS OF UNITED STATES PERSONS AND PERSONS 
              INSIDE THE UNITED STATES.

    Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(b)) is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively, and indenting such 
        subparagraphs, as so redesignated, an additional two ems from 
        the left margin;
            (2) by striking ``An acquisition'' and inserting the 
        following:
            ``(1) In general.--An acquisition''; and
            (3) by adding at the end the following:
            ``(2) Clarification on prohibition on querying of 
        collections of communications of united states persons and 
        persons inside the united states.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no officer or employee of 
                the United States may conduct a query of information 
                acquired under this section in an effort to find 
                communications of or about a particular United States 
                person or a person inside the United States.
                    ``(B) Concurrent authorization and exception for 
                emergency situations.--Subparagraph (A) shall not apply 
                to a query for communications related to a particular 
                United States person or person inside the United States 
                if--
                            ``(i) such United States person or person 
                        inside the United States is the subject of an 
                        order or emergency authorization authorizing 
                        electronic surveillance or physical search 
                        under section 105, 304, 703, 704, or 705 of 
                        this Act, or under title 18, United States 
                        Code, for the effective period of that order;
                            ``(ii) the entity carrying out the query 
                        has a reasonable belief that the life or safety 
                        of such United States person or person inside 
                        the United States is threatened and the 
                        information is sought for the purpose of 
                        assisting that person;
                            ``(iii) such United States person or person 
                        in the United States is a corporation; or
                            ``(iv) such United States person or person 
                        inside the United States has consented to the 
                        query.
                    ``(C) Queries of federated data sets and mixed 
                data.--If an officer or employee of the United States 
                conducts a query of a data set, or of federated data 
                sets, that includes any information acquired under this 
                section, the system shall be configured not to return 
                such information unless the officer or employee enters 
                a code or other information indicating that--
                            ``(i) the person associated with the search 
                        term is not a United States person or person 
                        inside the United States; or
                            ``(ii) if the person associated with the 
                        search term is a United States person or person 
                        inside the United States, one or more of the 
                        conditions of subparagraph (B) are satisfied.
                    ``(D) Matters relating to emergency queries.--
                            ``(i) Treatment of denials.--In the event 
                        that a query for communications related to a 
                        particular United States person or a person 
                        inside the United States is conducted pursuant 
                        to an emergency authorization authorizing 
                        electronic surveillance or a physical search 
                        described in subsection (B)(i) and the 
                        application for such emergency authorization is 
                        denied, or in any other case in which the query 
                        has been conducted and no order is issued 
                        approving the query--
                                    ``(I) no information obtained or 
                                evidence derived from such query may be 
                                received in evidence or otherwise 
                                disclosed in any trial, hearing, or 
                                other proceeding in or before any 
                                court, grand jury, department, office, 
                                agency, regulatory body, legislative 
                                committee, or other authority of the 
                                United States, a State, or political 
                                subdivision thereof; and
                                    ``(II) no information concerning 
                                any United States person acquired from 
                                such query may subsequently be used or 
                                disclosed in any other manner by 
                                Federal officers or employees without 
                                the consent of such person, except with 
                                the approval of the Attorney General if 
                                the information indicates a threat of 
                                death or serious bodily harm to any 
                                person.
                            ``(ii) Assessment of compliance.--The 
                        Attorney General shall assess compliance with 
                        the requirements under clause (i).''.

SEC. 3. PROHIBITION ON REVERSE TARGETING UNDER CERTAIN AUTHORITIES OF 
              THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a), as amended by section 2, is further amended--
            (1) in subsection (b)(1)(B), as redesignated by section 2, 
        by striking ``the purpose of such acquisition is to target'' 
        and inserting ``a significant purpose of such acquisition is to 
        acquire the communications of'';
            (2) in subsection (d)(1)(A)--
                    (A) by striking ``ensure that'' and inserting the 
                following: ``ensure--
                            ``(i) that''; and
                    (B) by adding at the end the following:
                            ``(ii) that an application is filed under 
                        title I, if otherwise required, when a 
                        significant purpose of an acquisition 
                        authorized under subsection (a) is to acquire 
                        the communications of a particular, known 
                        person reasonably believed to be located in the 
                        United States; and'';
            (3) in subsection (g)(2)(A)(i)(I)--
                    (A) by striking ``ensure that'' and inserting the 
                following: ``ensure--
                                            ``(aa) that''; and
                    (B) by adding at the end the following:
                                            ``(bb) that an application 
                                        is filed under title I, if 
                                        otherwise required, when a 
                                        significant purpose of an 
                                        acquisition authorized under 
                                        subsection (a) is to acquire 
                                        the communications of a 
                                        particular, known person 
                                        reasonably believed to be 
                                        located in the United States; 
                                        and''; and
            (4) in subsection (i)(2)(B)(i)--
                    (A) by striking ``ensure that'' and inserting the 
                following: ``ensure--
                                    ``(I) that''; and
                    (B) by adding at the end the following:
                                    ``(II) that an application is filed 
                                under title I, if otherwise required, 
                                when a significant purpose of an 
                                acquisition authorized under subsection 
                                (a) is to acquire the communications of 
                                a particular, known person reasonably 
                                believed to be located in the United 
                                States; and''.

SEC. 4. PROHIBITION ON ACQUISITION, PURSUANT TO CERTAIN FISA 
              AUTHORITIES TO TARGET CERTAIN PERSONS OUTSIDE THE UNITED 
              STATES, OF COMMUNICATIONS THAT DO NOT INCLUDE PERSONS 
              TARGETED UNDER SUCH AUTHORITIES.

    Section 702(b)(1) of the Foreign Intelligence Surveillance Act of 
1978, as redesignated by section 2, is amended--
            (1) in subparagraph (D), as redesignated by section 2, by 
        striking ``; and'' and inserting a semicolon;
            (2) by redesignating subparagraph (E) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) may not acquire a communication as to which 
                no participant is a person who is targeted pursuant to 
                the authorized acquisition;''.

SEC. 5. PROHIBITION ON ACQUISITION OF ENTIRELY DOMESTIC COMMUNICATIONS 
              UNDER AUTHORITIES TO TARGET CERTAIN PERSONS OUTSIDE THE 
              UNITED STATES.

    Section 702(b)(1) of the Foreign Intelligence Surveillance Act of 
1978, as redesignated by section 2 and amended by section 4, is further 
amended by inserting after subparagraph (E), as added by section 4, the 
following:
                    ``(F) may not acquire communications known to be 
                entirely domestic; and''.

SEC. 6. LIMITATION ON USE OF INFORMATION OBTAINED UNDER CERTAIN 
              AUTHORITY OF FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978 RELATING TO UNITED STATES PERSONS.

    Section 706(a) of the Foreign Intelligence Surveillance Act of 1978 
(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) Limitation on use in criminal, civil, and 
        administrative proceedings and investigations.--No 
        communication to or from, or information about, a person 
        acquired under section 702 who is either a United States person 
        or is located in the United States may be introduced as 
        evidence against the person in any criminal, civil, or 
        administrative proceeding or used as part of any criminal, 
        civil, or administrative investigation, except--
                    ``(A) with the prior approval of the Attorney 
                General; and
                    ``(B) in a proceeding or investigation in which the 
                information is directly related to and necessary to 
                address a specific threat of--
                            ``(i) terrorism (as defined in clauses (i) 
                        through (iii) of section 2332(g)(5)(B) of title 
                        18, United States Code);
                            ``(ii) espionage (as used in chapter 37 of 
                        title 18, United States Code);
                            ``(iii) proliferation or use of a weapon of 
                        mass destruction (as defined in section 
                        2332a(c) of title 18, United States Code);
                            ``(iv) a cybersecurity threat from a 
                        foreign country;
                            ``(v) incapacitation or destruction of 
                        critical infrastructure (as defined in section 
                        1016(e) of the Uniting and Strengthening 
                        America by Providing Appropriate Tools Required 
                        to Intercept and Obstruct Terrorism (USA 
                        PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e))); 
                        or
                            ``(vi) a threat to the armed forces of the 
                        United States or an ally of the United States 
                        or to other personnel of the United States 
                        Government or a government of an ally of the 
                        United States.''.

SEC. 7. REFORMS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    (a) Inclusion of Foreign Intelligence Activities in Oversight 
Authority of the Privacy and Civil Liberties Oversight Board.--Section 
1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 
(42 U.S.C. 2000ee) is amended--
            (1) in subsection (c), by inserting ``and to conduct 
        foreign intelligence activities'' after ``terrorism'' each 
        place such term appears; and
            (2) in subsection (d), ``and to conduct foreign 
        intelligence activities'' after ``terrorism'' each place such 
        term appears.
    (b) Submission of Whistleblower Complaints to the Privacy and Civil 
Liberties Oversight Board.--
            (1) In general.--Section 1061 of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as 
        amended by subsection (a), is further amended--
                    (A) in subsection (d), by adding at the end the 
                following:
            ``(5) Whistleblower complaints.--
                    ``(A) Submission to board.--An employee of, or 
                contractor or detailee to, an element of the 
                intelligence community may submit to the Board a 
                complaint or information that such employee, 
                contractor, or detailee believes relates to a privacy 
                or civil liberties concern. The confidentiality 
                provisions under section 2409(b)(3) of title 10, United 
                States Code, shall apply to a submission under this 
                subparagraph. Any disclosure under this subparagraph 
                shall be protected against discrimination under the 
                procedures, burdens of proof, and remedies set forth in 
                section 2409 of such title.
                    ``(B) Authority of board.--The Board may take such 
                action as the Board considers appropriate with respect 
                to investigating a complaint or information submitted 
                under subparagraph (A) or transmitting such complaint 
                or information to any other Executive agency or the 
                congressional intelligence committees.
                    ``(C) Relationship to existing laws.--The authority 
                under subparagraph (A) of an employee, contractor, or 
                detailee to submit to the Board a complaint or 
                information shall be in addition to any other authority 
                under another provision of law to submit a complaint or 
                information. Any action taken under any other provision 
                of law by the recipient of a complaint or information 
                shall not preclude the Board from taking action 
                relating to the same complaint or information.
                    ``(D) Relationship to actions taken under other 
                laws.--Nothing in this paragraph shall prevent--
                            ``(i) any individual from submitting a 
                        complaint or information to any authorized 
                        recipient of the complaint or information; or
                            ``(ii) the recipient of a complaint or 
                        information from taking independent action on 
                        the complaint or information.''; and
                    (B) by adding at the end the following:
    ``(n) Definitions.--In this section, the terms `congressional 
intelligence committees' and `intelligence community' have the meanings 
given such terms in section 3 of the National Security Act of 1947 (50 
U.S.C. 3003).''.
            (2) Prohibited personnel practices.--Section 2302(b)(8)(B) 
        of title 5, United States Code, is amended, in the matter 
        preceding clause (i), by striking ``or to the Inspector of an 
        agency or another employee designated by the head of the agency 
        to receive such disclosures'' and inserting ``the Inspector 
        General of an agency, a supervisor in the employee's direct 
        chain of command (up to and including the head of the employing 
        agency), the Privacy and Civil Liberties Oversight Board, or an 
        employee designated by any of the aforementioned individuals 
        for the purpose of receiving such disclosures''.
    (c) Privacy and Civil Liberties Oversight Board Subpoena Power.--
Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (42 U.S.C. 2000ee(g)) is amended--
            (1) in paragraph (1)(D), by striking ``submit a written 
        request to the Attorney General of the United States that the 
        Attorney General'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.
    (d) Appointment of Staff of the Privacy and Civil Liberties 
Oversight Board.--Section 1061(j) 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:
            ``(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 majority of the 
        members of the Board, may exercise the authority of the 
        chairman under paragraph (1).''.
    (e) Tenure and Compensation of Privacy and Civil Liberties 
Oversight Board Members and Staff.--
            (1) In general.--Section 1061 of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as 
        amended by subsections (a) and (b), is further amended--
                    (A) in subsection (h)--
                            (i) in paragraph (1), by inserting ``full-
                        time'' after ``4 additional''; and
                            (ii) in paragraph (4)(B), by striking ``, 
                        except that'' and all that follows through the 
                        end and inserting a period;
                    (B) in subsection (i)(1)--
                            (i) in subparagraph (A), by striking 
                        ``level III of the Executive Schedule under 
                        section 5314'' and inserting ``level II of the 
                        Executive Schedule under section 5313''; and
                            (ii) in subparagraph (B), by striking 
                        ``level IV of the Executive Schedule'' and all 
                        that follows through the end and inserting 
                        ``level III of the Executive Schedule under 
                        section 5314 of title 5, United States Code.''; 
                        and
                    (C) in subsection (j)(1), by striking ``level V of 
                the Executive Schedule under section 5316'' and 
                inserting ``level IV of the Executive Schedule under 
                section 5315''.
            (2) Effective date; applicability.--
                    (A) In general.--The amendments made by paragraph 
                (1)--
                            (i) shall take effect on the date of the 
                        enactment of this Act; and
                            (ii) except as provided in paragraph (2), 
                        shall apply to any appointment to a position as 
                        a member of the Privacy and Civil Liberties 
                        Oversight Board made on or after the date of 
                        the enactment of this Act.
                    (B) Exceptions.--
                            (i) Compensation changes.--The amendments 
                        made by subparagraphs (B)(i) and (C) of 
                        paragraph (1) shall take effect on the first 
                        day of the first pay period beginning after the 
                        date of the enactment of this Act.
                            (ii) Election to serve full time by 
                        incumbents.--
                                    (I) In general.--An individual 
                                serving as a member of the Privacy and 
                                Civil Liberties Oversight Board on the 
                                date of the enactment of this Act, 
                                including a member continuing to serve 
                                as a member under section 1061(h)(4)(B) 
                                of the Intelligence Reform and 
                                Terrorism Prevention Act of 2004 (42 
                                U.S.C. 2000ee(h)(4)(B)), (referred to 
                                in this clause as a ``current member'') 
                                may make an election to--
                                            (aa) serve as a member of 
                                        the Privacy and Civil Liberties 
                                        Oversight Board on a full-time 
                                        basis and in accordance with 
                                        section 1061 of the 
                                        Intelligence Reform and 
                                        Terrorism Prevention Act of 
                                        2004 (42 U.S.C. 2000ee), as 
                                        amended by this section; or
                                            (bb) serve as a member of 
                                        the Privacy and Civil Liberties 
                                        Oversight Board on a part-time 
                                        basis in accordance with such 
                                        section 1061, as in effect on 
                                        the day before the date of the 
                                        enactment of this Act, 
                                        including the limitation on 
                                        service after the expiration of 
                                        the term of the member under 
                                        subsection (h)(4)(B) of such 
                                        section, as in effect on the 
                                        day before the date of the 
                                        enactment of this Act.
                                    (II) Election to serve full time.--
                                A current member making an election 
                                under subclause (I)(aa) shall begin 
                                serving as a member of the Privacy and 
                                Civil Liberties Oversight Board on a 
                                full-time basis on the first day of the 
                                first pay period beginning not less 
                                than 60 days after the date on which 
                                the current member makes such election.
    (f) Provision of Information About Government Activities Under the 
Foreign Intelligence Surveillance Act of 1978 to the Privacy and Civil 
Liberties Oversight Board.--The Attorney General shall fully inform the 
Privacy and Civil Liberties Oversight Board about any activities 
carried out by the Government under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), including by 
providing to the Board--
            (1) copies of each detailed report submitted to a committee 
        of Congress under such Act; and
            (2) copies of each decision, order, and opinion of the 
        Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review required to be 
        included in the report under section 601(a) of such Act (50 
        U.S.C. 1871(a)).

SEC. 8. IMPROVED ROLE IN OVERSIGHT OF ELECTRONIC SURVEILLANCE BY AMICI 
              CURIAE APPOINTED BY COURTS UNDER FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    (a) Role of Amici Curiae Generally.--
            (1) In general.--Section 103(i)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(1)) is 
        amended by adding at the end the following: ``Any amicus curiae 
        designated pursuant to this paragraph may raise any issue with 
        the Court at any time.''.
            (2) Referral of cases for review.--Section 103(i) of such 
        Act is amended--
                    (A) by redesignating paragraphs (5) through (10) as 
                paragraphs (6) through (11), respectively; and
                    (B) by inserting after paragraph (4) the following:
            ``(5) Referral for review.--
                    ``(A) Referral to foreign intelligence surveillance 
                court en banc.--If the court established under 
                subsection (a) appoints an amicus curiae under 
                paragraph (2)(A) to assist the Court in the 
                consideration of any matter presented to the Court 
                under this Act and the Court makes a decision with 
                respect to such matter, the Court, in response to an 
                application by the amicus curiae or any other 
                individual designated under paragraph (1), may refer 
                the decision to the Court en banc for review as the 
                Court considers appropriate.
                    ``(B) Referral to foreign intelligence surveillance 
                court of review.--If the court established under 
                subsection (a) appoints an amicus curiae under 
                paragraph (2)(A) to assist the Court in the 
                consideration of any matter presented to the Court 
                under this Act and the Court makes a decision with 
                respect to such matter, the Court, in response to an 
                application by the amicus curiae or any other 
                individual designated under paragraph (1) may refer the 
                decision to the court established under subsection (b) 
                for review as the Court considers appropriate.
                    ``(C) Referral to supreme court.--If the Court of 
                Review appoints an amicus curiae under paragraph (2) to 
                assist the Court of Review in the review of any matter 
                presented to the Court of Review under this Act or a 
                question of law that may affect resolution of a matter 
                in controversy and the Court of Review makes a decision 
                with respect to such matter or question of law, the 
                Court of Review, in response to an application by the 
                amicus curiae or any other individual designated under 
                paragraph (1) may refer the decision to the Supreme 
                Court for review as the Court of Review considers 
                appropriate.
                    ``(D) Annual report.--Not later than 60 days after 
                the end of each calendar year, the Court and the Court 
                of Review shall each publish, on their respective 
                Internet websites, a report listing--
                            ``(i) the number of applications for 
                        referral received by the Court or the Court of 
                        Review, as applicable, during the most recently 
                        concluded calendar year; and
                            ``(ii) the number of such applications for 
                        referral that were granted by the Court or the 
                        Court of Review, as applicable, during such 
                        calendar year.''.
            (3) Assistance.--Section 103(i)(6) of such Act, as 
        redesignated, is further amended to read as follows:
            ``(6) Assistance.--Any individual designated pursuant to 
        paragraph (1) may raise a legal or technical issue or any other 
        issue with the Court or the Court of Review at any time. If an 
        amicus curiae is appointed under paragraph (2)(A)--
                    ``(A) the court shall notify all other amicus 
                curiae designated under paragraph (1) of such 
                appointment;
                    ``(B) the appointed amicus curiae may request, 
                either directly or through the court, the assistance of 
                the other amici curiae designated under paragraph (1); 
                and
                    ``(C) all amici curiae designated under paragraph 
                (1) may provide input to the court whether or not such 
                input was formally requested by the court or the 
                appointed amicus curiae.''.
            (4) Access to information.--Section 103(i)(7) of such Act, 
        as redesignated, is further amended--
                    (A) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by striking ``that the court'' 
                                and inserting the following: ``that--
                                    ``(I) the court''; and
                                    (II) by striking ``and'' at the end 
                                and inserting the following: ``or
                                    ``(II) are cited by the Government 
                                in an application or case with respect 
                                to which an amicus curiae is assisting 
                                a court under this subsection;'';
                            (ii) by redesignating clause (ii) as clause 
                        (iii); and
                            (iii) by inserting after clause (i) the 
                        following:
                            ``(ii) shall have access to an unredacted 
                        copy of each decision made by a court 
                        established under subsection (a) or (b) in 
                        which the court decides a question of law, 
                        notwithstanding whether the decision is 
                        classified; and'';
                    (B) in subparagraph (B), by striking ``may'' and 
                inserting ``shall''; and
                    (C) in subparagraph (C)--
                            (i) in the subparagraph heading, by 
                        striking ``Classified information'' and 
                        inserting ``Access to information''; and
                            (ii) by striking ``court may have access'' 
                        and inserting the following: ``court--
                            ``(i) shall have access to unredacted 
                        copies of each opinion, order, transcript, 
                        pleading, or other document of the Court and 
                        the Court of Review; and
                            ``(ii) may have access''.
            (5) Public notice and receipt of briefs from third 
        parties.--Section 103(i) of such Act, as amended by this 
        subsection, is further amended by adding at the end the 
        following:
            ``(12) Public notice and receipt of briefs from third 
        parties.--Whenever a court established under subsection (a) or 
        (b) considers a novel a question of law that can be considered 
        without disclosing classified information, sources, or methods, 
        the court shall, to the greatest extent practicable, consider 
        such question in an open manner--
                    ``(A) by publishing on its Internet website each 
                question of law that the court is considering; and
                    ``(B) by accepting briefs from third parties 
                relating to the question under consideration by the 
                court.''.
    (b) Participation of Amici Curiae in Oversight of Authorizations 
for Targeting of Certain Persons Outside the United States Other Than 
United States Persons.--
            (1) In general.--Section 702(i)(2) of such Act (50 U.S.C. 
        1881a(i)(2)) is amended--
                    (A) in subparagraph (B), by redesignating clauses 
                (i) and (ii) as subclauses (I) and (II), respectively, 
                and adjusting the indentation of the margin of such 
                subclauses, as so redesignated, two ems to the right;
                    (B) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively, and 
                adjusting the indentation of the margin of such 
                clauses, as so redesignated, two ems to the right;
                    (C) by inserting before clause (i), as redesignated 
                by subparagraph (B), the following:
                    ``(A) In general.--''; and
                    (D) by adding at the end the following:
                    ``(B) Participation by amici curiae.--In reviewing 
                a certification under subparagraph (A)(i), the Court 
                shall randomly select an amicus curiae designated under 
                section 103(i) to assist with such review.''.
            (2) Schedule.--Section 702(i)(5)(A) of such Act is amended 
        by striking ``at least 30 days prior to the expiration of such 
        authorization'' and inserting ``such number of days before the 
        expiration of such authorization as the Court considers 
        necessary to comply with the requirements of paragraph (2)(B) 
        or 30 days, whichever is greater''.
    (c) Public Notice of Questions of Law Certified for Review.--
Section 103(j) of such Act (50 U.S.C. 1803(j)) is amended--
            (1) by striking ``Following'' and inserting the following:
            ``(1) In general.--Following''; and
            (2) by adding at the end the following:
            ``(2) Public notice.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), whenever a court established under 
                subsection (a) certifies a question of law for review 
                under paragraph (1) of this subsection, the court shall 
                publish on its Internet website--
                            ``(i) a notice of the question of law to be 
                        reviewed; and
                            ``(ii) briefs submitted by the parties, 
                        which may be redacted at the discretion of the 
                        court to protect sources, methods, and other 
                        classified information.
                    ``(B) Protection of classified information, 
                sources, and methods.--Subparagraph (A) shall apply to 
                the greatest extent practicable, consistent with 
                otherwise applicable law on the protection of 
                classified information, sources, and methods.''.

SEC. 9. REFORMS TO THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.

    (a) FISA Court Judges.--
            (1) Number and designation of judges.--Section 103(a)(1) of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1803(a)(1)) is amended to read as follows:
    ``(1)(A) There is a court which shall have jurisdiction to hear 
applications for and to grant orders approving electronic surveillance 
anywhere within the United States under the procedures set forth in 
this Act.
    ``(B)(i) The court established under subparagraph (A) shall consist 
of 13 judges, one of whom shall be designated from each judicial 
circuit (including the United States Court of Appeals for the District 
of Columbia and the United States Court of Appeals for the Federal 
Circuit).
    ``(ii) The Chief Justice of the United States shall--
            ``(I) designate each judge of the court established under 
        subparagraph (A) from the nominations made under subparagraph 
        (C); and
            ``(II) make the name of each judge of such court available 
        to the public.
    ``(C)(i) When a vacancy occurs in the position of a judge of the 
court established under subparagraph (A) from a judicial circuit, the 
chief judge of the circuit shall propose a district judge for a 
judicial district within the judicial circuit to be designated for that 
position.
    ``(ii) If the Chief Justice does not designate a district judge 
proposed under clause (i), the chief judge shall propose 2 other 
district judges for a judicial district within the judicial circuit to 
be designated for that position and the Chief Justice shall designate 1 
such district judge to that position.
    ``(D) No judge of the court established under subparagraph (A) 
(except when sitting en banc under paragraph (2)) shall hear the same 
application for electronic surveillance under this Act which has been 
denied previously by another judge of such court.
    ``(E) If any judge of the court established under subparagraph (A) 
denies an application for an order authorizing electronic surveillance 
under this Act, such judge shall provide immediately for the record a 
written statement of each reason for the judge's decision and, on 
motion of the United States, the record shall be transmitted, under 
seal, to the court of review established in subsection (b).''.
            (2) Tenure.--Section 103(d) of such Act is amended by 
        striking ``redesignation,'' and all that follows through the 
        end and inserting ``redesignation.''.
            (3) Implementation.--
                    (A) Incumbents.--A district judge designated to 
                serve on the court established under subsection (a) of 
                such section before the date of enactment of this Act 
                may continue to serve in that position until the end of 
                the term of the district judge under subsection (d) of 
                such section, as in effect on the day before the date 
                of the enactment of this Act.
                    (B) Initial appointment and term.--Notwithstanding 
                any provision of such section, as amended by paragraphs 
                (1) and (2), and not later than 180 days after the date 
                of enactment of this Act, the Chief Justice of the 
                United States shall--
                            (i) designate a district court judge who is 
                        serving in a judicial district within the 
                        District of Columbia circuit and proposed by 
                        the chief judge of such circuit to be a judge 
                        of the court established under section 103(a) 
                        of the Foreign Intelligence Surveillance Act of 
                        1978 (50 U.S.C. 1803(a)) for an initial term of 
                        7 years; and
                            (ii) designate a district court judge who 
                        is serving in a judicial district within the 
                        Federal circuit and proposed by the chief judge 
                        of such circuit to be a judge of such court for 
                        an initial term of 4 years.
    (b) Court of Review.--Section 103(b) of such Act is amended--
            (1) by striking ``The Chief Justice'' and inserting ``(1) 
        Subject to paragraph (2), the Chief Justice''; and
            (2) by adding at the end the following:
    ``(2) The Chief Justice may designate a district court judge or 
circuit court judge to a position on the court established under 
paragraph (1) only if at least 5 associate justices approve the 
designation of such individual.''.

SEC. 10. STUDY AND REPORT ON DIVERSITY AND REPRESENTATION ON THE FISA 
              COURT AND THE FISA COURT OF REVIEW.

    (a) Study.--The Committee on Intercircuit Assignments of the 
Judicial Conference of the United States shall conduct a study on how 
to ensure judges are appointed to the court established under 
subsection (a) of section 103 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803) and the court established under subsection 
(b) of such section in a manner that ensures such courts are diverse 
and representative.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Committee on Intercircuit Assignments shall submit to 
Congress a report on the study carried out under subsection (a).

SEC. 11. GROUNDS FOR DETERMINING INJURY IN FACT IN CIVIL ACTION 
              RELATING TO SURVEILLANCE UNDER CERTAIN PROVISIONS OF 
              FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a), as amended by sections 2, 3, 4, 5, and 8(b), is 
further amended by adding at the end the following:
    ``(m) Challenges to Government Surveillance.--
            ``(1) Injury in fact.--In any claim in a civil action 
        brought in a court of the United States relating to 
        surveillance conducted under this section, the person asserting 
        the claim has suffered an injury in fact if the person--
                    ``(A) has a reasonable basis to believe that the 
                person's communications will be acquired under this 
                section; and
                    ``(B) has taken objectively reasonable steps to 
                avoid surveillance under this section.
            ``(2) Reasonable basis.--A person shall be presumed to have 
        demonstrated a reasonable basis to believe that the 
        communications of the person will be acquired under this 
        section if the profession of the person requires the person 
        regularly to communicate foreign intelligence information with 
        persons who--
                    ``(A) are not United States persons; and
                    ``(B) are located outside the United States.
            ``(3) Objective steps.--A person shall be presumed to have 
        taken objectively reasonable steps to avoid surveillance under 
        this section if the person demonstrates that the steps were 
        taken in reasonable response to rules of professional conduct 
        or analogous professional rules.''.

SEC. 12. CLARIFICATION OF APPLICABILITY OF REQUIREMENT TO DECLASSIFY 
              SIGNIFICANT DECISIONS OF FOREIGN INTELLIGENCE 
              SURVEILLANCE COURT AND FOREIGN INTELLIGENCE SURVEILLANCE 
              COURT OF REVIEW.

    Section 602 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1872) shall apply with respect to decisions, orders, and 
opinions described in subsection (a) of such section that were issued 
on, before, or after the date of the enactment of the Uniting and 
Strengthening America by Fulfilling Rights and Ensuring Effective 
Discipline Over Monitoring Act of 2015 (Public Law 114-23).

SEC. 13. CLARIFICATION REGARDING TREATMENT OF INFORMATION ACQUIRED 
              UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Derived Defined.--
            (1) In general.--Section 101 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801) is amended by adding 
        at the end the following:
    ``(q) For the purposes of notification provisions of this Act, 
information or evidence is `derived' from an electronic surveillance, 
physical search, use of a pen register or trap and trace device, 
production of tangible things, or acquisition under this Act when the 
Government would not have originally possessed the information or 
evidence but for that electronic surveillance, physical search, use of 
a pen register or trap and trace device, production of tangible things, 
or acquisition, and regardless of any claim that the information or 
evidence is attenuated from the surveillance or search, would 
inevitably have been discovered, or was subsequently reobtained through 
other means.''.
            (2) Policies and guidance.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Attorney General 
                and the Director of National Intelligence shall publish 
                the following:
                            (i) Policies concerning the application of 
                        subsection (q) of section 101 of such Act, as 
                        added by paragraph (1).
                            (ii) Guidance for all members of the 
                        intelligence community (as defined in section 3 
                        of the National Security Act of 1947 (50 U.S.C. 
                        3003)) and all Federal agencies with law 
                        enforcement responsibilities concerning the 
                        application of such subsection.
                    (B) Modifications.--Whenever the Attorney General 
                and the Director modify a policy or guidance published 
                under subparagraph (A), the Attorney General and the 
                Director shall publish such modifications.
    (b) Use of Information Acquired Under Title VII.--Section 706 of 
such Act (50 U.S.C. 1881e) is amended--
            (1) in subsection (a), by striking ``, except for the 
        purposes of subsection (j) of such section''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Information Acquired Under Sections 703-705.--Information 
acquired from an acquisition conducted under section 703, 704, or 705 
shall be deemed to be information acquired from an electronic 
surveillance pursuant to title I for the purposes of section 106.''.

SEC. 14. LIMITATION ON TECHNICAL ASSISTANCE FROM ELECTRONIC 
              COMMUNICATION SERVICE PROVIDERS UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 702(h)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(h)(1)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and moving such clauses 2 ems to 
        the right;
            (2) by striking ``With respect to'' and inserting the 
        following:
                    ``(A) In general.--Subject to subparagraph (B), in 
                carrying out''; and
            (3) by adding at the end the following:
                    ``(B) Limitations.--The Attorney General or the 
                Director of National Intelligence may not request 
                assistance from an electronic communication service 
                provider under subparagraph (A) without demonstrating, 
                to the satisfaction of the Court, that the assistance 
                sought--
                            ``(i) is necessary;
                            ``(ii) is narrowly tailored to the 
                        surveillance at issue; and
                            ``(iii) would not pose an undue burden on 
                        the electronic communication service provider 
                        or its customers who are not an intended target 
                        of the surveillance.
                    ``(C) Compliance.--An electronic communication 
                service provider is not obligated to comply with a 
                directive to provide assistance under this paragraph 
                unless--
                            ``(i) such assistance is a manner or method 
                        that has been explicitly approved by the Court; 
                        and
                            ``(ii) the Court issues an order, which has 
                        been delivered to the provider, explicitly 
                        describing the assistance to be furnished by 
                        the provider that has been approved by the 
                        Court.''.

SEC. 15. MODIFICATION OF AUTHORITIES FOR PUBLIC REPORTING BY PERSONS 
              SUBJECT TO NONDISCLOSURE REQUIREMENT ACCOMPANYING ORDER 
              UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Modification of Aggregation Banding.--Subsection (a) of section 
604 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1874) is amended--
            (1) by striking paragraphs (1) through (3) and inserting 
        the following:
            ``(1) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply into separate categories of--
                    ``(A) the number of national security letters 
                received, reported--
                            ``(i) for the first 1000 national security 
                        letters received, in bands of 200 starting with 
                        1-200; and
                            ``(ii) for more than 1000 national security 
                        letters received, the precise number of 
                        national security letters received;
                    ``(B) the number of customer selectors targeted by 
                national security letters, reported--
                            ``(i) for the first 1000 customer selectors 
                        targeted, in bands of 200 starting with 1-200; 
                        and
                            ``(ii) for more than 1000 customer 
                        selectors targeted, the precise number of 
                        customer selectors targeted;
                    ``(C) the number of orders or directives received, 
                combined, under this Act for contents--
                            ``(i) reported--
                                    ``(I) for the first 1000 orders and 
                                directives received, in bands of 200 
                                starting with 1-200; and
                                    ``(II) for more than 1000 orders 
                                and directives received, the precise 
                                number of orders received; and
                            ``(ii) disaggregated by whether the order 
                        or directive was issued under section 105, 402, 
                        501, 702, 703, or 704;
                    ``(D) the number of customer selectors targeted 
                under orders or directives received, combined, under 
                this Act for contents--
                            ``(i) reported--
                                    ``(I) for the first 1000 customer 
                                selectors targeted, in bands of 200 
                                starting with 1-200; and
                                    ``(II) for more than 1000 customer 
                                selectors targeted, the precise number 
                                of customer selectors targeted; and
                            ``(ii) disaggregated by whether the order 
                        or directive was issued under section 105, 402, 
                        501, 702, 703, or 704;
                    ``(E) the number of orders or directives received 
                under this Act for noncontents--
                            ``(i) reported--
                                    ``(I) for the first 1000 orders or 
                                directives received, in bands of 200 
                                starting with 1-200; and
                                    ``(II) for more than 1000 orders or 
                                directives received, the precise number 
                                of orders received; and
                            ``(ii) disaggregated by whether the order 
                        or directive was issued under section 105, 402, 
                        501, 702, 703, or 704; and
                    ``(F) the number of customer selectors targeted 
                under orders or directives under this Act for 
                noncontents--
                            ``(i) reported--
                                    ``(I) for the first 1000 customer 
                                selectors targeted, in bands of 200 
                                starting with 1-200; and
                                    ``(II) for more than 1000 customer 
                                selectors targeted, the precise number 
                                of customer selectors targeted; and
                            ``(ii) disaggregated by whether the order 
                        or directive was issued under section 105, 402, 
                        501, 702, 703, or 704.''; and
            (2) by redesignating paragraph (4) as paragraph (2).
    (b) Additional Disclosures.--Such section is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Additional Disclosures.--A person who publicly reports 
information under subsection (a) may also publicly report the following 
information, relating to the previous 180 days, using a semiannual 
report that indicates whether the person was or was not required to 
comply with an order, directive, or national security letter issued 
under each of sections 105, 402, 501, 702, 703, and 704 and the 
provisions listed in section 603(e)(3).''.

SEC. 16. ANNUAL PUBLICATION OF STATISTICS ON NUMBER OF PERSONS TARGETED 
              OUTSIDE THE UNITED STATES UNDER CERTAIN FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978 AUTHORITY.

    Not less frequently than once each year, the Director of National 
Intelligence shall publish the following:
            (1) A description of the subject matter of each of the 
        certifications provided under subsection (g) of section 702 of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1881a) in the last calendar year.
            (2) Statistics revealing the number of persons targeted in 
        the last calendar year under subsection (a) of such section, 
        disaggregated by certification under which the person was 
        targeted.

SEC. 17. REPEAL OF NONAPPLICABILITY TO FEDERAL BUREAU OF INVESTIGATION 
              OF CERTAIN REPORTING REQUIREMENTS UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 603(d)(2) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1873(d)(2)) is amended by striking ``(A) Federal 
bureau'' and all that follows through ``Paragraph (3)(B) of'' and 
inserting ``Paragraph (3)(B)''.

SEC. 18. PUBLICATION OF ESTIMATES REGARDING COMMUNICATIONS COLLECTED 
              UNDER CERTAIN PROVISION OF FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    (a) In General.--Except as provided in subsection (b), not later 
than 90 days after the date of the enactment of this Act, the Director 
of National Intelligence shall publish an estimate of--
            (1) the number of United States persons whose 
        communications are collected under section 702 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a); or
            (2) the number of communications collected under such 
        section to which a party is a person inside the United States.
    (b) In Case of Technical Impossibility.--If the Director determines 
that publishing an estimate pursuant to subsection (a) is not 
technically possible--
            (1) subsection (a) shall not apply; and
            (2) the Director shall publish an assessment in 
        unclassified form explaining such determination, but may submit 
        a classified annex to the appropriate committees of Congress as 
        necessary.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the congressional intelligence committees (as defined 
        in section 3 of the National Security Act of 1947 (50 U.S.C. 
        3003));
            (2) the Committee on the Judiciary of the Senate; and
            (3) the Committee on the Judiciary of the House of 
        Representatives.

SEC. 19. FOUR-YEAR EXTENSION OF FISA AMENDMENTS ACT OF 2008.

    (a) Extension.--Section 403(b) of the FISA Amendments Act of 2008 
(Public Law 110-261) is amended--
            (1) in paragraph (1) (50 U.S.C. 1881-1881g note), by 
        striking ``December 31, 2017'' and inserting ``September 30, 
        2021''; and
            (2) in paragraph (2) (18 U.S.C. 2511 note), in the material 
        preceding subparagraph (A), by striking ``December 31, 2017'' 
        and inserting ``September 30, 2021''.
    (b) Conforming Amendment.--The heading of section 404(b)(1) of the 
FISA Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 note) 
is amended by striking ``December 31, 2017'' and inserting ``September 
30, 2021''.
                                 <all>