[Congressional Record Volume 164, Number 9 (Tuesday, January 16, 2018)]
[Senate]
[Pages S190-S211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1875. Mr. LEE (for himself, Mr. Leahy, Mr. Daines, and Mr. 
Blumenthal) submitted an amendment intended to be proposed by him to 
the House amendment to the bill S. 139, to implement the use of Rapid 
DNA instruments to inform decisions about pretrial release or detention 
and their conditions, to solve and prevent violent crimes and other 
crimes, to exonerate the innocent, to prevent DNA analysis backlogs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 4, strike line 1 and all that follows through page 
     7, line 16, and insert the following:
       ``(2) Requirements for access and dissemination of 
     collections of communications.--
       ``(A) Court orders.--
       ``(i) In general.--Except as provided under subparagraph 
     (C), in response to a query relating to a United States 
     person or a person reasonably believed to be located in the 
     United States, the contents of queried communications 
     acquired under subsection (a) may be accessed or disseminated 
     only if--

       ``(I) the Attorney General submits to the Foreign 
     Intelligence Surveillance Court an application that 
     demonstrates that--

       ``(aa) there is probable cause to believe that--
       ``(AA) such contents provide evidence of a crime specified 
     in section 2516 of title 18, United States Code; or
       ``(BB) the individual is an agent of a foreign power; and
       ``(bb) any use of such communications pursuant to section 
     706 will be carried out in accordance with such section; and

       ``(II) a judge of the Foreign Intelligence Surveillance 
     Court reviews and approves such application under clause 
     (ii).

       ``(ii) Order.--

       ``(I) Approval.--Upon an application made under clause (i), 
     the Foreign Intelligence Surveillance Court shall enter an 
     order as requested or as modified by the Court approving the 
     access or dissemination of contents of communications covered 
     by the application if the Court determines that, based on an 
     independent review--

       ``(aa) the application contains all information required 
     under clause (i);
       ``(bb) on the basis of the facts in the application, there 
     is probable cause to believe that--
       ``(AA) such contents provide evidence of a crime specified 
     in section 2516 of title 18, United States Code; or
       ``(BB) the person identified by the queried term is an 
     agent of a foreign power; and
       ``(cc) the minimization procedures adopted pursuant to 
     subsection (e) will ensure compliance with clause (i)(I)(bb).

       ``(II) Review.--A denial of an application submitted under 
     clause (i) may be reviewed as provided in section 103.

       ``(B) Expeditious consideration.--Any application submitted 
     under subparagraph (A)(i) shall be considered by the Foreign 
     Intelligence Surveillance Court expeditiously and without 
     delay.
       ``(C) Exceptions.--The requirement for an order pursuant to 
     subparagraph (A) shall not apply to accessing or 
     disseminating communications acquired under subsection (a) 
     if--
       ``(i) the Attorney General determines that the person 
     identified by the queried term is the subject of an order 
     based upon a finding of probable cause, or emergency 
     authorization, that authorizes electronic surveillance or 
     physical search under this Act or title 18, United States 
     Code (other than such emergency authorizations under title IV 
     of this Act or section 3125 of title 18, United States Code);
       ``(ii) the Attorney General--

       ``(I) reasonably determines that an emergency situation 
     requires the accessing or dissemination of the communications 
     before an order pursuant to subparagraph (A) authorizing such 
     access or dissemination can with due diligence be obtained;
       ``(II) reasonably believes that the factual basis for the 
     issuance of such an order exists; and
       ``(III) with respect to the access or dissemination of the 
     contents of such communications--

       ``(aa) informs the Court at the time the Attorney General 
     requires the emergency access or dissemination that the 
     decision has been made to employ the authority under this 
     clause; and
       ``(bb) may not use the contents of such communications 
     pursuant to section 706 if the Court finds that the 
     determination by the Attorney General with respect to the 
     emergency situation was not appropriate; or
       ``(iii) there is consent provided in accordance with 
     subparagraph (D).
       ``(D) Consent.--The requirements of this paragraph do not 
     apply with respect to--
       ``(i) queries made using a term identifying a person who is 
     a party to the communications acquired under subsection (a), 
     or a person who otherwise has lawful authority to provide 
     consent, and who consents to such queries; or
       ``(ii) the accessing or the dissemination of the contents 
     or information of communications acquired under subsection 
     (a) of a person who is a party to the communications, or a 
     person who otherwise has lawful authority to provide consent, 
     and who consents to such access or dissemination.
                                 ______
                                 
  SA 1876. Mr. LEE (for himself, Mr. Leahy, Mr. Daines, and Mr. 
Blumenthal) submitted an amendment intended to be proposed by him to 
the House Amendment to the bill S. 139, to implement the use of Rapid 
DNA instruments to inform decisions about pretrial release or detention 
and their conditions, to solve and prevent violent crimes and other 
crimes, to exonerate the innocent, to prevent DNA analysis backlogs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

     TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE AND ACCOUNTABILITY

Sec. 101. Court orders and protection of incidentally collected United 
              States person communications.
Sec. 102. Attorney General approval and additional protection of 
              incidentally collected United States person 
              communications.
Sec. 103. Limitation on collection and improvements to targeting 
              procedures and minimization procedures.
Sec. 104. Publication of minimization procedures under section 702.
Sec. 105. Appointment of amicus curiae for annual certifications.
Sec. 106. Increased accountability on incidentally collected 
              communications.
Sec. 107. Semiannual reports on certain queries by Federal Bureau of 
              Investigation.
Sec. 108. Additional reporting requirements.
Sec. 109. Application of certain amendments.
Sec. 110. Sense of Congress on purpose of section 702 and respecting 
              foreign nationals.

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

Sec. 201. Limitation on retention of certain data.
Sec. 202. Improvements to Privacy and Civil Liberties Oversight Board.
Sec. 203. Privacy and civil liberties officers.
Sec. 204. Whistleblower protections for contractors of the intelligence 
              community.

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

Sec. 301. Extension of title VII of FISA; effective dates.
Sec. 302. Increased penalty for unauthorized removal and retention of 
              classified documents or material.
Sec. 303. Rule of construction regarding criminal penalties for 
              unauthorized use of information acquired under section 
              702 and unauthorized disclosure of United States person 
              information.
Sec. 304. Comptroller General study on unauthorized disclosures and the 
              classification system.
Sec. 305. Sense of Congress on information sharing among intelligence 
              community to protect national security.
Sec. 306. Sense of Congress on combating terrorism.
Sec. 307. Technical amendments and amendments to improve procedures of 
              the Foreign Intelligence Surveillance Court of Review.

[[Page S191]]

Sec. 308. Severability.
Sec. 309. Rule of construction.

     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--FOREIGN INTELLIGENCE SURVEILLANCE AND ACCOUNTABILITY

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

       (a) In General.--Section 702 (50 U.S.C. 1881a) is amended--
       (1) by redesignating subsections (j), (k), and (l) as 
     subsections (k), (l), and (m), respectively; and
       (2) by inserting after subsection (i) the following:
       ``(j) Requirements for Access and Dissemination of 
     Collections of Communications.--
       ``(1) Court orders.--
       ``(A) In general.--Except as provided under paragraph (3), 
     in response to a query relating to a United States person or 
     a person reasonably believed to be located in the United 
     States, the contents of queried communications acquired under 
     subsection (a) may be accessed or disseminated only if--
       ``(i) the Attorney General submits to the Foreign 
     Intelligence Surveillance Court an application that 
     demonstrates that--

       ``(I) there is probable cause to believe that--

       ``(aa) such contents provide evidence of a crime specified 
     in section 2516 of title 18, United States Code; or
       ``(bb) the individual is an agent of a foreign power; and

       ``(II) any use of such communications pursuant to section 
     706 will be carried out in accordance with such section; and

       ``(ii) a judge of the Foreign Intelligence Surveillance 
     Court reviews and approves such application under 
     subparagraph (B).
       ``(B) Order.--
       ``(i) Approval.--Upon an application made under 
     subparagraph (A), the Foreign Intelligence Surveillance Court 
     shall enter an order as requested or as modified by the Court 
     approving the access or dissemination of contents of 
     communications covered by the application if the Court 
     determines that, based on an independent review--

       ``(I) the application contains all information required 
     under subparagraph (A);
       ``(II) on the basis of the facts in the application, there 
     is probable cause to believe that--

       ``(aa) such contents provide evidence of a crime specified 
     in section 2516 of title 18, United States Code; or
       ``(bb) the person identified by the queried term is an 
     agent of a foreign power; and

       ``(III) the minimization procedures adopted pursuant to 
     subsection (e) will ensure compliance with subparagraph 
     (A)(i)(II).

       ``(ii) Review.--A denial of an application submitted under 
     subparagraph (A) may be reviewed as provided in section 103.
       ``(2) Expeditious consideration.--Any application submitted 
     under paragraph (1)(A) shall be considered by the Foreign 
     Intelligence Surveillance Court expeditiously and without 
     delay.
       ``(3) Exceptions.--The requirement for an order pursuant to 
     paragraph (1) shall not apply to accessing or disseminating 
     communications acquired under subsection (a) if--
       ``(A) the Attorney General determines that the person 
     identified by the queried term is the subject of an order 
     based upon a finding of probable cause, or emergency 
     authorization, that authorizes electronic surveillance or 
     physical search under this Act or title 18, United States 
     Code (other than such emergency authorizations under title IV 
     of this Act or section 3125 of title 18, United States Code);
       ``(B) the Attorney General--
       ``(i) reasonably determines that an emergency situation 
     requires the accessing or dissemination of the communications 
     before an order pursuant to paragraph (1) authorizing such 
     access or dissemination can with due diligence be obtained;
       ``(ii) reasonably believes that the factual basis for the 
     issuance of such an order exists; and
       ``(iii) with respect to the access or dissemination of the 
     contents of such communications--

       ``(I) informs the Court at the time the Attorney General 
     requires the emergency access or dissemination that the 
     decision has been made to employ the authority under this 
     paragraph; and
       ``(II) may not use the contents of such communications 
     pursuant to section 706 if the Court finds that the 
     determination by the Attorney General with respect to the 
     emergency situation was not appropriate; or

       ``(C) there is consent provided in accordance with 
     paragraph (12).''.
       (b) Technical and Conforming Amendment.--Section 404(b)(4) 
     of the Foreign Intelligence Surveillance Act of 1978 
     Amendments Act of 2008 (50 U.S.C. 1801 note) is amended by 
     striking ``702(l)'' each place it appears and inserting 
     ``702(m)''.

     SEC. 102. ATTORNEY GENERAL APPROVAL AND ADDITIONAL PROTECTION 
                   OF INCIDENTALLY COLLECTED UNITED STATES PERSON 
                   COMMUNICATIONS.

       Subsection (j) of section 702 (50 U.S.C. 1881a), as added 
     by section 101, is amended by inserting after paragraph (3) 
     the following:
       ``(4) Relevance and approval to access noncontents 
     information.--Except as provided under paragraph (5), in 
     response to a query relating to a United States person or a 
     person reasonably believed to be located in the United 
     States, the information of communications acquired under 
     subsection (a) relating to dialing, routing, addressing, or 
     signaling information that is not content and could otherwise 
     be lawfully obtained under title IV of this Act may be 
     accessed or disseminated only--
       ``(A) with the approval of the Attorney General;
       ``(B) if such information is relevant to an authorized 
     investigation or assessment and is not sought solely on the 
     basis of activities protected by the First Amendment to the 
     Constitution of the United States;
       ``(C) if an order based on probable cause would not be 
     required by law to obtain such information if requested as 
     part of an investigation of a Federal crime; and
       ``(D) if any use of such communications pursuant to section 
     706 will be carried out in accordance with such section.
       ``(5) Exceptions.--The requirement for approval of the 
     Attorney General under paragraph (4)(A) shall not apply to 
     accessing or disseminating information of communications 
     acquired under subsection (a) relating to dialing, routing, 
     addressing, or signaling information that is not content and 
     could otherwise be lawfully obtained under title IV of this 
     Act if--
       ``(A) the Attorney General determines that the person 
     identified by the queried term is the subject of an order 
     based upon a finding of probable cause, or emergency 
     authorization, that authorizes electronic surveillance or 
     physical search under this Act or title 18, United States 
     Code (other than such emergency authorizations under title IV 
     of this Act or section 3125 of title 18, United States Code);
       ``(B) a supervisory determination is obtained that--
       ``(i) reasonably determines that an emergency situation 
     requires the accessing or dissemination of the information of 
     communications before the approval of the Attorney General 
     under paragraph (4)(A) can with due diligence be obtained;
       ``(ii) reasonably believes that the factual basis for the 
     approval of the Attorney General under paragraph (4)(A) 
     exists; and
       ``(iii) with respect to the access or dissemination of such 
     information of communications--

       ``(I) informs the Attorney General at the time the 
     supervisor requires the emergency access or dissemination 
     that the decision has been made to employ the authority under 
     this subparagraph; and
       ``(II) may not use such information of communications 
     pursuant to section 706 if the Attorney General finds that 
     the determination by the supervisor with respect to the 
     emergency situation was not appropriate; or

       ``(C) there is consent provided in accordance with 
     paragraph (12).
       ``(6) Due diligence.--A determination of whether the person 
     identified by the queried term is a United States person or a 
     person reasonably believed to be located in the United States 
     under paragraph (1) or (4) shall be made based on the 
     totality of the circumstances, including by, to the extent 
     practicable, ensuring that any conflicting information 
     regarding whether the person is a United States person or is 
     reasonably believed to be located outside the United States 
     is resolved before making such determination. If there is 
     insufficient information available to make a determination, 
     the person identified by the queried term shall be considered 
     a United States person or person reasonably believed to be 
     located in the United States for purposes of paragraphs (1) 
     and (4).
       ``(7) Limitation on electronic surveillance of united 
     states persons.--If the Attorney General determines that it 
     is necessary to conduct electronic surveillance on a known 
     United States person whose communications have been acquired 
     under subsection (a), the Attorney General may only conduct 
     such electronic surveillance using authority provided under 
     other provisions of law.
       ``(8) Simultaneous query of fbi databases.--Except as 
     otherwise provided by law or applicable minimization 
     procedures, the Director of the Federal Bureau of 
     Investigation shall ensure that all available investigative 
     or intelligence databases of the Federal Bureau of 
     Investigation are simultaneously queried when the Federal 
     Bureau of Investigation properly uses an information system 
     of the Federal Bureau of Investigation to determine whether 
     information exists in such a database.
       ``(9) Delegation.--The Attorney General shall delegate the 
     authority under this subsection to the fewest number of 
     officials that the Attorney General determines practicable.
       ``(10) Retention of auditable records.--
       ``(A) Records.--The Attorney General shall retain records 
     of queries of a collection of communications acquired under 
     subsection (a). The heads of elements of the intelligence 
     community that are not components of the Department of 
     Justice shall retain records of queries of a collection of 
     communications acquired under subsection (a) that use a term 
     identifying a United States person or a person located in the 
     United States.

[[Page S192]]

       ``(B) Requirements.--Records retained under subparagraph 
     (A) shall--
       ``(i) include queries for not less than 5 years after the 
     date on which the query is made; and
       ``(ii) be maintained in a manner that is auditable and 
     available for congressional oversight.
       ``(11) Compliance and maintenance.--The requirements of 
     this subsection do not apply with respect to queries made for 
     the purpose of--
       ``(A) submitting to Congress information required by this 
     Act or otherwise ensuring compliance with the requirements of 
     this section; or
       ``(B) performing maintenance or testing of information 
     systems.
       ``(12) Consent.--The requirements of this subsection do not 
     apply with respect to--
       ``(A) queries made using a term identifying a person who is 
     a party to the communications acquired under subsection (a), 
     or a person who otherwise has lawful authority to provide 
     consent, and who consents to such queries; or
       ``(B) the accessing or the dissemination of the contents or 
     information of communications acquired under subsection (a) 
     of a person who is a party to the communications, or a person 
     who otherwise has lawful authority to provide consent, and 
     who consents to such access or dissemination.
       ``(13) Query purposes.--The contents of communications 
     acquired under subsection (a) and the information relating to 
     the dialing, routing, addressing, or signaling information of 
     such communications may only be queried if the query is 
     reasonably designed to return foreign intelligence 
     information or evidence of a crime.''.

     SEC. 103. LIMITATION ON COLLECTION AND IMPROVEMENTS TO 
                   TARGETING PROCEDURES AND MINIMIZATION 
                   PROCEDURES.

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

     SEC. 104. PUBLICATION OF MINIMIZATION PROCEDURES UNDER 
                   SECTION 702.

       Section 702(e) (50 U.S.C. 1881a(e)), as amended by section 
     103, is further amended by adding at the end the following:
       ``(4) 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. APPOINTMENT OF AMICUS CURIAE FOR ANNUAL 
                   CERTIFICATIONS.

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

     SEC. 106. INCREASED ACCOUNTABILITY ON INCIDENTALLY COLLECTED 
                   COMMUNICATIONS.

       Section 707 (50 U.S.C. 1881f) is amended by adding at the 
     end the following new subsection:
       ``(c) Incidentally Collected Communications and Other 
     Information.--Together with the semiannual report submitted 
     under subsection (a), the Director of National Intelligence 
     shall submit to the congressional committees specified in 
     such subsection a report on incidentally collected 
     communications and other information regarding United States 
     persons under section 702. Each such report shall include, 
     with respect to the 6-month period covered by the report, the 
     following:
       ``(1) Except as provided by paragraph (2), the number, or a 
     good faith estimate, of communications of United States 
     persons acquired under subsection (a) of such section, 
     including a description of any efforts of the intelligence 
     community to ascertain such number or good faith estimate.

[[Page S193]]

       ``(2) If the Director determines that the number, or a good 
     faith estimate, under paragraph (1) is not achievable, a 
     detailed explanation for why such number or good faith 
     estimate is not achievable.
       ``(3) The number of--
       ``(A) United States persons whose information is unmasked 
     pursuant to the procedures adopted under subsection (e)(3) of 
     such section;
       ``(B) requests made by an element of the intelligence 
     community, listed by each such element, to unmask information 
     pursuant to such subsection; and
       ``(C) requests that resulted in the dissemination of names, 
     titles, or other identifiers potentially associated with 
     individuals pursuant to such subsection, including the 
     element of the intelligence community and position of the 
     individual making the request.
       ``(4) The number of disseminations of communications 
     acquired under subsection (a) of section 702 to the Federal 
     Bureau of Investigation for cases unrelated to foreign 
     intelligence.
       ``(5) The number of instances in which evidence of a crime 
     unrelated to foreign intelligence that was identified in 
     communications acquired under subsection (a) of section 702 
     was disseminated from the national security branch of the 
     Bureau to the criminal investigative division of the Bureau 
     (or from such successor branch to such successor division).
       ``(6) The number of individuals to whom the Attorney 
     General has delegated authority pursuant to subsection 
     (j)(2)(G) of section 702.''.

     SEC. 107. SEMIANNUAL REPORTS ON CERTAIN QUERIES BY FEDERAL 
                   BUREAU OF INVESTIGATION.

       Section 707 (50 U.S.C. 1881f), as amended by section 106, 
     is further amended by adding at the end the following new 
     subsection:
       ``(d) Semiannual FBI Reports.--Together with the semiannual 
     report submitted under subsection (a), the Director of the 
     Federal Bureau of Investigation shall submit to the 
     congressional committees specified in such subsection, and 
     make publicly available, a report containing, with respect to 
     the period covered by the report--
       ``(1) the number of applications made by the Federal Bureau 
     of Investigation described in subsection (j)(1)(A) of section 
     702;
       ``(2) the number of such applications that were approved 
     and resulted in the contents of communications being accessed 
     or disseminated pursuant to such subsection; and
       ``(3) the number of Attorney General approvals made 
     pursuant to subsection (j)(4)(A) of such section.''.

     SEC. 108. 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 Congress a report setting forth 
     with respect to the preceding calendar year--
       ``(1) the total number of applications made for orders and 
     extensions of orders approving electronic surveillance under 
     this title;
       ``(2) the total number of such orders and extensions either 
     granted, modified, or denied; and
       ``(3) the total number of persons who were subject to 
     electronic surveillance conducted under an order or emergency 
     authorization under this title, rounded to the nearest 500, 
     including the number of such individuals who are United 
     States persons, reported to the nearest band of 500, starting 
     with 0-499.
       ``(b) Form.--Each report under subsection (a) shall be 
     submitted in unclassified form. Not later than 7 days after 
     the date on which the Attorney General submits each such 
     report, the Attorney General shall make the report publicly 
     available.''.
       (b) Pen Registers and Trap and Trace Devices.--Section 406 
     (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. Not later than 7 days after the date on 
     which the Attorney General submits such a report, the 
     Attorney General shall make such report publicly 
     available.''.

     SEC. 109. APPLICATION OF CERTAIN AMENDMENTS.

       The amendments made by sections 101, 102, and 103 of this 
     Act shall apply with respect to applications, certifications, 
     and procedures submitted to the Foreign Intelligence 
     Surveillance Court on or after the date that is 120 days 
     after the date of the enactment of this Act.

     SEC. 110. SENSE OF CONGRESS ON PURPOSE OF SECTION 702 AND 
                   RESPECTING FOREIGN NATIONALS.

       It is the sense of Congress that--
       (1) the acquisition of communications by the National 
     Security Agency under section 702 of the Foreign Intelligence 
     Surveillance Act (50 U.S.C. 1881a) should be conducted within 
     the bounds of treaties and agreements to which the United 
     States is a party, and there should be no targeting of non-
     United States persons for any unfounded discriminatory 
     purpose or for the purpose of affording a commercial 
     competitive advantage to companies and business sectors of 
     the United States; and
       (2) the authority to collect intelligence under such 
     section 702 is meant to shield the United States, and by 
     extension, the allies of the United States, from security 
     threats.

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

     SEC. 201. LIMITATION ON RETENTION OF CERTAIN DATA.

       Subsection (m) of section 702 (50 U.S.C. 1881a), as 
     redesignated by section 101, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Affidavit on deletion included in semiannual 
     assessment to fisc and congress.--Each semiannual assessment 
     under paragraph (1) shall include, with respect to the 6-
     month period covered by the assessment, an affidavit by the 
     Director of the National Security Agency, without delegation, 
     that communications acquired under subsection (a) determined 
     not to contain foreign intelligence information, if any, were 
     deleted.''.

     SEC. 202. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES 
                   OVERSIGHT BOARD.

       (a) Appointment of Staff.--Subsection (j) of section 1061 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (42 U.S.C. 2000ee(j)) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Appointment in absence of chairman.--If the position 
     of chairman of the Board is vacant, during the period of the 
     vacancy, the Board, at the direction of the unanimous vote of 
     the serving members of the Board, may exercise the authority 
     of the chairman under paragraph (1).''.
       (b) Meetings.--Subsection (f) of such section (42 U.S.C. 
     2000ee(f)) is amended--
       (1) by striking ``The Board shall'' and inserting ``The 
     Board'';
       (2) in paragraph (1) by striking ``make its'' and inserting 
     ``shall make its''; and
       (3) in paragraph (2)--
       (A) by striking ``hold public'' and inserting ``shall hold 
     public''; and
       (B) by inserting before the period at the end the 
     following: ``, but may, notwithstanding section 552b of title 
     5, United States Code, meet or otherwise communicate in any 
     number to confer or deliberate in a manner that is closed to 
     the public''.
       (c) Report on Section 702 and Terrorism.--Not later than 1 
     year after the date on which the Privacy and Civil Liberties 
     Oversight Board first achieves a quorum following the date of 
     the enactment of this Act, the Board shall submit to the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representatives and the 
     Committee on the Judiciary and the Select Committee on 
     Intelligence of the Senate a report assessing--
       (1) how communications acquired under section 702 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1881a) are used by the United States to prevent or defend 
     against terrorism;
       (2) whether technological challenges and changes in 
     technology affect the prevention of and defense against 
     terrorism, and how effectively the foreign intelligence 
     elements of the intelligence community (as defined in section 
     3(4) of the National Security Act of 1947 (50 U.S.C. 
     3003(4))) have responded to those challenges; and
       (3) how privacy and civil liberties are affected by the 
     actions identified under paragraph (1) and the changes in 
     technology identified under paragraph (2), and whether race, 
     religion, political affiliation, or activities protected by 
     the First Amendment to the Constitution of the United States 
     are determinative in the targeting or querying decisions made 
     pursuant to such section 702.

     SEC. 203. PRIVACY AND CIVIL LIBERTIES OFFICERS.

       (a) Codification of Certain Officers.--Section 1062(a) of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (42 U.S.C. 2000ee-1(a)) is amended in the matter preceding 
     paragraph (1) by inserting ``, the Director of the National 
     Security Agency, the Director of the Federal Bureau of 
     Investigation'' after ``the Director of the Central 
     Intelligence Agency''.
       (b) Annual Reports on Incidental Communications of United 
     States Persons.--Paragraph (4)(A) of subsection (m) of 
     section 702 (50 U.S.C. 1881a), as redesignated by sections 
     101 and 201, is amended--
       (1) in clause (iii), by striking ``; and'' and inserting a 
     semicolon;

[[Page S194]]

       (2) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new clause:
       ``(v) a review by the privacy and civil liberties officer 
     of the element of incidentally collected communications of 
     United States persons to assess compliance with the 
     minimization procedures adopted under subsection (e) and the 
     effect of this section on the privacy of United States 
     persons.''.

     SEC. 204. WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE 
                   INTELLIGENCE COMMUNITY.

       (a) Prohibited Personnel Practices in the Intelligence 
     Community.--Section 1104 of the National Security Act of 1947 
     (50 U.S.C. 3234) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) 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.''; and
       (C) in paragraph (4), as so redesignated, in the matter 
     preceding subparagraph (A) by inserting ``or a contractor 
     employee of a covered intelligence community element'' after 
     ``character)'';
       (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) A contractor employee or 
     employee 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) 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 officer 
     or employee of the applicable covered intelligence community 
     element, unless the request takes the form of a 
     nondiscretionary directive and is within the authority of the 
     officer or employee making the request.
       ``(3) A contractor employee may raise a violation of 
     paragraph (1) in any proceeding to implement or challenge a 
     personnel action described in such paragraph.'';
       (4) in subsection (b), by striking the heading and 
     inserting ``Agency Employees.--''; and
       (5) in subsection (e)(1), as redesignated by paragraph (2), 
     by inserting ``contractor employee,'' after ``any 
     employee,''.
       (b) Federal Bureau of Investigation.--
       (1) In general.--Any contractor employee or employee of the 
     Federal Bureau of Investigation who has authority to take, 
     direct others to take, recommend, or approve any personnel 
     action, shall not, with respect to such authority, take or 
     fail to take a personnel action with respect to a contractor 
     employee as a reprisal for a disclosure of information--
       (A) made--
       (i) to a supervisor in the direct chain of command of the 
     contractor employee, up to and including the Director of the 
     Federal Bureau of Investigation;
       (ii) to the Inspector General of the Department of Justice;
       (iii) to the Office of Professional Responsibility of the 
     Department of Justice;
       (iv) to the Office of Professional Responsibility of the 
     Federal Bureau of Investigation;
       (v) to the Inspection Division of the Federal Bureau of 
     Investigation;
       (vi) as described in section 7211 of title 5, United States 
     Code;
       (vii) to the Office of Special Counsel; or
       (viii) to an employee designated by any officer, employee, 
     office, or division described in clauses (i) through (vii) 
     for the purpose of receiving such disclosures; and
       (B) which the contractor employee reasonably believes 
     evidences--
       (i) any violation of any law, rule, or regulation 
     (including with respect to evidence of another employee or 
     contractor employee accessing or sharing classified 
     information without authorization); or
       (ii) gross mismanagement, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety.
       (2) Actions by request.--A personnel action under paragraph 
     (1) is prohibited even if the action is undertaken at the 
     request of an officer or employee of the Federal Bureau of 
     Investigation, unless the request takes the form of a 
     nondiscretionary directive and is within the authority of the 
     officer or employee making the request.
       (3) Violation.--A contractor employee may raise a violation 
     of paragraph (1) in any proceeding to implement or challenge 
     a personnel action described in such paragraph.
       (4) Regulations.--The Attorney General shall prescribe 
     regulations to ensure that a personnel action described in 
     paragraph (1) shall not be taken against a contractor 
     employee of the Bureau as a reprisal for any disclosure of 
     information described in such paragraph.
       (5) Enforcement.--The President shall provide for the 
     enforcement of this subsection in a manner consistent with 
     applicable provisions of sections 1214 and 1221 of title 5, 
     United States Code.
       (6) Definitions.--In this subsection:
       (A) The term ``contractor employee'' means an employee of a 
     contractor, subcontractor, grantee, subgrantee, or personal 
     services contractor, of the Federal Bureau of Investigation.
       (B) The term ``personnel action'' means any action 
     described in clauses (i) through (x) of section 2302(a)(2)(A) 
     of title 5, United States Code, with respect to a contractor 
     employee.
       (c) Retaliatory Revocation of Security Clearances and 
     Access Determinations.--Section 3001(j) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)) is amended by adding at the end the following new 
     paragraph:
       ``(8) Inclusion of contractor employees.--In this 
     subsection, the term `employee' includes an employee of a 
     contractor, subcontractor, grantee, subgrantee, or personal 
     services contractor, of an agency. With respect to such 
     employees, the term `employing agency' shall be deemed to be 
     the contracting agency.''.

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

     SEC. 301. EXTENSION OF TITLE VII OF FISA; 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 
     ``September 30, 2023''; and
       (B) by inserting ``and by the USA Liberty Act of 2017'' 
     after ``section 101(a)''; and
       (2) in paragraph (2) in the matter preceding subparagraph 
     (A), by striking ``December 31, 2017'' and inserting 
     ``September 30, 2023''.
       (b) Conforming Amendments.--Section 404(b) of the FISA 
     Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2476) 
     is amended--
       (1) in paragraph (1)--
       (A) in the heading, by striking ``December 31, 2017'' and 
     inserting ``September 30, 2023''; and
       (B) by inserting ``and by the USA Liberty Act of 2017'' 
     after ``section 101(a)'';
       (2) in paragraph (2), by inserting ``and by the USA Liberty 
     Act of 2017'' after ``section 101(a)''; and
       (3) in paragraph (4)--
       (A) by inserting ``and amended by the USA Liberty Act of 
     2017'' after ``as added by section 101(a)'' both places it 
     appears; and
       (B) by inserting ``and by the USA Liberty Act of 2017'' 
     after ``as amended by section 101(a)'' both places it 
     appears.
       (c) Effective Date of Amendments to FAA.--The amendments 
     made to the FISA Amendments Act of 2008 (Public Law 110-261) 
     by this section shall take effect on the earlier of the date 
     of the enactment of this Act or December 31, 2017.

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

       Section 1924(a) of title 18, United States Code, is amended 
     by striking ``one year'' and inserting ``5 years''.

     SEC. 303. RULE OF CONSTRUCTION REGARDING CRIMINAL PENALTIES 
                   FOR UNAUTHORIZED USE OF INFORMATION ACQUIRED 
                   UNDER SECTION 702 AND UNAUTHORIZED DISCLOSURE 
                   OF UNITED STATES PERSON INFORMATION.

       Nothing in this Act or the amendments made by this Act may 
     be construed to limit the application or effect of criminal 
     penalties under section 552a(i) of title 5, United States 
     Code, sections 1001, 1030, and 1924 of title 18, United 
     States Code, or any other relevant provision of law, with 
     respect to offenses relating to the unauthorized access or 
     use of information acquired under section 702 of the Foreign 
     Intelligence Surveillance Act (50 U.S.C. 1881a) or the 
     unauthorized disclosure of United States person information 
     acquired under such section.

     SEC. 304. COMPTROLLER GENERAL STUDY ON UNAUTHORIZED 
                   DISCLOSURES AND THE CLASSIFICATION SYSTEM.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the unauthorized disclosure of 
     classified information and the classification system of the 
     United States.
       (b) Matters Included.--The study under subsection (a) shall 
     address the following:
       (1) Insider threat risks to the unauthorized disclosure of 
     classified information.
       (2) The effect of modern technology on the unauthorized 
     disclosure of classified information, including with respect 
     to--
       (A) using cloud storage for classified information; and

[[Page S195]]

       (B) any technological means to prevent or detect such 
     unauthorized disclosure.
       (3) The effect of overclassification on the unauthorized 
     disclosure of classified information.
       (4) Any ways to improve the classification system of the 
     United States, including with respect to changing the levels 
     of classification used in such system and to reduce 
     overclassification.
       (5) How to improve the authorized sharing of classified 
     information, including with respect to sensitive 
     compartmented information.
       (6) The value of polygraph tests in determining who is 
     authorized to access classified information.
       (7) Whether each element of the intelligence community (as 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 3003(4)))--
       (A) applies uniform standards in determining who is 
     authorized to access classified information; and
       (B) provides proper training with respect to the handling 
     of classified information and the avoidance of 
     overclassification.
       (c) Cooperation.--The heads of the intelligence community 
     shall provide to the Comptroller General information the 
     Comptroller General determines necessary to carry out the 
     study under subsection (a).
       (d) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on the Judiciary and the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Committee on the Judiciary and the Select Committee on 
     Intelligence of the Senate a report containing the study 
     under subsection (a).
       (e) Form.--The report under subsection (d) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 305. SENSE OF CONGRESS ON INFORMATION SHARING AMONG 
                   INTELLIGENCE COMMUNITY TO PROTECT NATIONAL 
                   SECURITY.

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

     SEC. 306. SENSE OF CONGRESS ON COMBATING TERRORISM.

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

     SEC. 307. 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(g)(2)(A)(i) (50 U.S.C. 
     1881a(g)(2)(A)(i)), 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. 308. 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.

     SEC. 309. RULE OF CONSTRUCTION.

       Nothing in this Act or the amendments made by this Act 
     shall be construed to authorize the acquisition, querying, 
     retention, dissemination, or use of information not 
     previously authorized under the FISA Amendments Act of 2008 
     or the amendments made by that Act.
                                 ______
                                 
  SA 1877. Mr. LEE (for himself, Mr. Leahy, Mr. Daines, and Mr. 
Blumenthal) submitted an amendment intended to be proposed by him to 
the House Amendment to the bill S. 139, to implement the use of Rapid 
DNA instruments to inform decisions about pretrial release or detention 
and their conditions, to solve and prevent violent crimes and other 
crimes, to exonerate the innocent, to prevent DNA analysis backlogs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 20, strike line 13 and all that follows through 
     page 27, line 23 and insert the following:

     SEC. 103. LIMITATION ON COLLECTION AND IMPROVEMENTS TO 
                   TARGETING PROCEDURES AND MINIMIZATION 
                   PROCEDURES.

       (a) Targeting Procedures; Limitation on Collection.--
     Section 702(d) (50 U.S.C. 1881a(d)) is amended--
       (1) in paragraph (1), by striking ``The Attorney General'' 
     and inserting ``In accordance with paragraphs (3) and (4), 
     the Attorney General''; and
       (2) by adding at the end the following new paragraphs:
       ``(3) Due diligence.--The procedures adopted in accordance 
     with paragraph (1) shall require due diligence in determining 
     whether a person targeted is a non-United States person 
     reasonably believed to be located outside the United States 
     by--
       ``(A) making the determination based on the totality of the 
     circumstances, including by, to the extent practicable, 
     ensuring that any conflicting information regarding whether 
     the person is reasonably believed to be located outside the 
     United States or is a United States person is resolved before 
     making such determination;
       ``(B) documenting the processes used for determinations 
     described in subparagraph (A); and
       ``(C) documenting the rationale for why targeting such 
     person will result in the acquisition of foreign intelligence 
     information authorized by subsection (a).
       ``(4) Limitation.--
       ``(A) In general.--The procedures adopted in accordance 
     with paragraph (1) shall require that the targeting of a 
     person is limited to communications to or from the targeted 
     person.
       ``(B) Annual report.--On an annual basis, the Attorney 
     General shall submit to the congressional intelligence 
     committees and the Committees on the Judiciary of the House 
     of Representatives and the Senate a report on--
       ``(i) any difficulty relating to the limitation under 
     subparagraph (A); and
       ``(ii) the technical feasibility of ensuring that the 
     handling of communications acquired under subsection (a) with 
     respect to incidentally collected United States person 
     information complies with the minimization procedures adopted 
     under subsection (e).''.
       (b) Minimization Procedures.--Section 702(e) (50 U.S.C. 
     1881a(e)) is amended--
       (1) in paragraph (1), by inserting ``, and the requirements 
     of this subsection'' before the period at the end; and
       (2) by adding at the end the following new paragraph:
       ``(3) Requests to unmask information.--The procedures 
     adopted under paragraph (1) shall include specific procedures 
     adopted by the Attorney General for elements of the 
     intelligence community to submit requests to unmask 
     information in disseminated intelligence reports. Such 
     specific procedures shall--
       ``(A) require the documentation of the requesting 
     individual that such request is for legitimate reasons 
     authorized pursuant to paragraph (1); and
       ``(B) require the retention of the records of each request, 
     including--
       ``(i) a copy of the request;
       ``(ii) the name and position of the individual who is 
     making the request; and

[[Page S196]]

       ``(iii) if the request is approved, the name and position 
     of the individual who approved the request and the date of 
     the approval.''.
       (c) Unmask Defined.--Section 701(b) (50 U.S.C. 1881(b)) is 
     amended by adding at the end the following new paragraph:
       ``(6) Unmask.--The term `unmask' means, with respect to a 
     disseminated intelligence report containing a reference to a 
     United States person that does not identify that person 
     (including by name or title), to disseminate the identity of 
     the United States person, including the name or title of the 
     person.''.
       (d) Consistent Requirements To Retain Records on Requests 
     To Unmask Information.--The Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1801 et seq.) is amended as follows:
       (1) In section 101(h) (50 U.S.C. 1801(h))--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) specific procedures as described in section 
     702(e)(3).''.
       (2) In section 301(4) (50 U.S.C. 1821(4))--
       (A) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(E) specific procedures as described in section 
     702(e)(3).''.
       (3) In section 402(h) (50 U.S.C. 1842(h))--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Requests for nonpublicly available information.--The 
     policies and procedures adopted under paragraph (1) shall 
     include specific procedures as described in section 
     702(e)(3).''.
       (4) In section 501(g)(2) (50 U.S.C. 1861(g)(2))--
       (A) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) specific procedures as described in section 
     702(e)(3).''.
       (e) Report on Unmasking.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the Permanent Select Committee 
     on Intelligence of the House of Representatives, the Select 
     Committee on Intelligence of the Senate, and the Committees 
     on the Judiciary of the House of Representatives and the 
     Senate a report on the progress made by the Director with 
     respect to--
       (1) ensuring that incidentally collected communications of 
     United States persons (as defined in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801)) are properly masked if masking is necessary; and
       (2) implementing procedures for requests to unmask 
     information under section 702(e)(3) of such Act (50 U.S.C. 
     1881a(e)(3)), as added by subsection (c).
                                 ______
                                 
  SA 1878. Mrs. FEINSTEIN (for herself, Ms. Harris, Mr. Leahy, and Mr. 
Lee) submitted an amendment intended to be proposed by her to the House 
Amendment to the bill S. 139, to implement the use of Rapid DNA 
instruments to inform decisions about pretrial release or detention and 
their conditions, to solve and prevent violent crimes and other crimes, 
to exonerate the innocent, to prevent DNA analysis backlogs, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 4, strike line 1 and all that follows 
     through page 7, line 16, and insert the following:
       ``(2) Requirements for access to communications of united 
     states persons.--
       ``(A) Court orders.--Except as provided under subparagraph 
     (C), in response to a query relating to a United States 
     person, the contents of queried communications acquired under 
     subsection (a) may be accessed only if--
       ``(i) the Attorney General submits to the Foreign 
     Intelligence Surveillance Court an application that 
     demonstrates that there is probable cause to believe that--

       ``(I) such contents may relate to a crime a specified in 
     section 2516 of title 18, United States Code; or
       ``(II) the individual is the agent of a foreign power; and

       ``(ii) a judge of the Foreign Intelligence Surveillance 
     Court reviews and approves such application.
       ``(B) Expeditious consideration.--Any application under 
     subparagraph (A) shall be considered by the Foreign 
     Intelligence Surveillance Court expeditiously and without 
     delay.
       ``(C) Exception.--If the Attorney General determines that 
     exigent circumstances require access to contents before an 
     order can be obtained, the Attorney General may access such 
     contents without an order for a maximum period of 7 days.
       ``(D) Reporting.--Not less frequently than once every 6 
     months, the Attorney General 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 the number of times the 
     Attorney General has made a determination under subparagraph 
     (C) in the previous 6 months.

       On page 15, strike lines 20 through 23.

       On page 42, line 15, strike ``Federal Bureau of 
     Investigation'' and insert ``Attorney General''.
                                 ______
                                 
  SA 1879. Mr. PAUL (for himself, Mr. Wyden, and Mr. Markey) submitted 
an amendment intended to be proposed by him to the bill S. 139, to 
implement the use of Rapid DNA instruments to inform decisions about 
pretrial release or detention and their conditions, to solve and 
prevent violent crimes and other crimes, to exonerate the innocent, to 
prevent DNA analysis backlogs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       Section 702 (50 U.S.C. 1881a), as amended by section 101, 
     is further amended by adding at the end the following:
       ``(n) 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.''.
                                 ______
                                 
  SA 1880. Mr. PAUL (for himself, Mr. Wyden, and Mr. Markey) submitted 
an amendment intended to be proposed by him to the House Amendment to 
the bill S. 139, to implement the use of Rapid DNA instruments to 
inform decisions about pretrial release or detention and their 
conditions, to solve and prevent violent crimes and other crimes, to 
exonerate the innocent, to prevent DNA analysis backlogs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 15, strike line 8 and all that follows through page 
     17, line 11, and insert the following:
       (a) Limitation on Use of Information Obtained Under Certain 
     Authority of Foreign Intelligence Surveillance Act of 1978 
     Relating to United States Persons.--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) 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

[[Page S197]]

     or to other personnel of the United States Government or a 
     government of an ally of the United States.''.
                                 ______
                                 
  SA 1881. Mr. PAUL (for himself, Mr. Wyden, and Mr. Markey) submitted 
an amendment intended to be proposed by him to the House Amendment to 
the bill S. 139, to implement the use of Rapid DNA instruments to 
inform decisions about pretrial release or detention and their 
conditions, to solve and prevent violent crimes and other crimes, to 
exonerate the innocent, to prevent DNA analysis backlogs, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 2, strike line 14 and all that follows 
     through page 15, line 6, and insert the following:

     SEC. 101. 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).''.
                                 ______
                                 
  SA 1882. Mr. PAUL (for himself, Mr. Wyden, and Mr. Markey) submitted 
an amendment intended to be proposed by him to the House amendment to 
the bill S. 139, to implement the use of Rapid DNA instruments to 
inform decisions about pretrial release or detention and their 
conditions, to solve and prevent violent crimes and other crimes, to 
exonerate the innocent, to prevent DNA analysis backlogs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 41, after line 24, add the following:

     SEC. 206. 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)''.
                                 ______
                                 
  SA 1883. Mr. PAUL (for himself, Mr. Wyden, and Mr. Markey) submitted 
an amendment intended to be proposed by him to the House amendment to 
the bill S. 139, to implement the use of Rapid DNA instruments to 
inform decisions about pretrial release or detention and their 
conditions, to solve and prevent violent crimes and other crimes, to 
exonerate the innocent, to prevent DNA analysis backlogs, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 39, strike lines 6 through 22 and insert the 
     following:

     SEC. 111. 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.''.
                                 ______
                                 
  SA 1884. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the House amendment to the bill S. 
139, to implement the use of Rapid DNA instruments to inform decisions 
about pretrial release or detention and their conditions, to solve and 
prevent violent crimes and other crimes, to exonerate the innocent, to 
prevent DNA analysis backlogs, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 32, strike line 16 and all that follows 
     through page 33, line 21, and insert the following:

     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.

[[Page S198]]

       (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) Meetings.--Subsection (f) of such section 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''.
       (g) 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)).
                                 ______
                                 
  SA 1885. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the House amendment to the bill S. 
139, to implement the use of Rapid DNA instruments to inform decisions 
about pretrial release or detention and their conditions, to solve and 
prevent violent crimes and other crimes, to exonerate the innocent, to 
prevent DNA analysis backlogs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 41, after line 24, add the following:

     SEC. 206. 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)''.
                                 ______
                                 
  SA 1886. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the House amendment to the bill S. 
139, to implement the use of Rapid DNA instruments to inform decisions 
about pretrial release or detention and their conditions, to solve and 
prevent violent crimes and other crimes, to exonerate the innocent, to 
prevent DNA analysis backlogs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 42, after line 21, add the following:

[[Page S199]]

  


     SEC. 113. LIMITATION ON TECHNICAL ASSISTANCE FROM ELECTRONIC 
                   COMMUNICATION SERVICE PROVIDERS UNDER THE 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

       Section 702(i)(1) of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1881a(i)(1)), as redesignated by 
     section 101(a)(1)(A), 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.''.
                                 ______
                                 
  SA 1887. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the House amendment to the bill S. 
139, to implement the use of Rapid DNA instruments to inform decisions 
about pretrial release or detention and their conditions, to solve and 
prevent violent crimes and other crimes, to exonerate the innocent, to 
prevent DNA analysis backlogs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 39, strike lines 6 through 22 and insert the 
     following:

     SEC. 111. 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.''.
                                 ______
                                 
  SA 1888. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the House amendment to the bill S. 
139, to implement the use of Rapid DNA instruments to inform decisions 
about pretrial release or detention and their conditions, to solve and 
prevent violent crimes and other crimes, to exonerate the innocent, to 
prevent DNA analysis backlogs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 15, strike line 8 and all that follows through page 
     17, line 11, and insert the following:
       (a) Limitation on Use of Information Obtained Under Certain 
     Authority of Foreign Intelligence Surveillance Act of 1978 
     Relating to United States Persons.--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) 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.''.
                                 ______
                                 
  SA 1889. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end add the following:

     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.

[[Page S200]]

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

[[Page S201]]

       ``(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

[[Page S202]]

     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

[[Page S203]]

       (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

[[Page S204]]

       ``(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''.
                                 ______
                                 
  SA 1890. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 20, strike line 13 and all that follows through 
     page 27, line 23, and insert the following:

     SEC. 103. 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) (50 U.S.C. 1881a(b)) is amended--
       (1) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) may not acquire a communication as to which no 
     participant is a person who is targeted pursuant to the 
     authorized acquisition; and''.
                                 ______
                                 
  SA 1891. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 2, strike line 14 and all that follows 
     through page 15, line 6, and insert the following:

     SEC. 101. 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).''.

[[Page S205]]

  

                                 ______
                                 
  SA 1892. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 42, after line 21, add the following:

     SEC. 113. 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)(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''.

                                 ______
                                 
  SA 1893. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 42, after line 21, add the following:

     SEC. 113. PROHIBITION ON ACQUISITION OF ENTIRELY DOMESTIC 
                   COMMUNICATIONS UNDER AUTHORITIES TO TARGET 
                   CERTAIN PERSONS OUTSIDE THE UNITED STATES.

       Section 702(b) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 19881a(b)) is amended--
       (1) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) may not acquire communications known to be entirely 
     domestic; and''.
                                 ______
                                 
  SA 1894. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

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

       Section 702 (50 U.S.C. 1881a), as amended by section 101, 
     is further amended by adding at the end the following:
       ``(n) 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.''.
                                 ______
                                 
  SA 1895. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 29, strike lines 14 through 24 and insert the 
     following:

     SEC. 106. 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)--

[[Page S206]]

       (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.''.
       (6) Compensation of amici curiae and technical experts.--
     Such section, as so amended, is further amended by adding at 
     the end the following:
       ``(13) 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.''.
       (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.''.
                                 ______
                                 
  SA 1896. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``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

[[Page S207]]

     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

[[Page S208]]

     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)--

[[Page S209]]

       (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--
                                 ______
                                 
  SA 1897. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 42, after line 21, add the following:

     SEC. 113. PROHIBITION ON ACQUISITION OF ENTIRELY DOMESTIC 
                   COMMUNICATIONS UNDER AUTHORITIES TO TARGET 
                   CERTAIN PERSONS OUTSIDE THE UNITED STATES.

       Section 702(b) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 19881a(b)) is amended--
       (1) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) may not acquire communications known to be entirely 
     domestic; and''.
                                 ______
                                 
  SA 1898. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 29, strike lines 14 through 24 and insert the 
     following:

     SEC. 106. 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

[[Page S210]]

     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.''.
       (6) Compensation of amici curiae and technical experts.--
     Such section, as so amended, is further amended by adding at 
     the end the following:
       ``(13) 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.''.
       (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.''.
                                 ______
                                 
  SA 1899. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 32, strike line 16 and all that follows 
     through page 33, line 21, and insert the following:

     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

[[Page S211]]

     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) Meetings.--Subsection (f) of such section 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''.
       (g) 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)).
                                 ______
                                 
  SA 1900. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 41, after line 24, add the following:

     SEC. 206. 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)''.
                                 ______
                                 
  SA 1901. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 42, after line 21, add the following:

     SEC. 113. LIMITATION ON TECHNICAL ASSISTANCE FROM ELECTRONIC 
                   COMMUNICATION SERVICE PROVIDERS UNDER THE 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

       Section 702(i)(1) of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1881a(i)(1)), as redesignated by 
     section 101(a)(1)(A), 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.''.
                                 ______
                                 
  SA 1902. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 139, to implement the use 
of Rapid DNA instruments to inform decisions about pretrial release or 
detention and their conditions, to solve and prevent violent crimes and 
other crimes, to exonerate the innocent, to prevent DNA analysis 
backlogs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 39, strike lines 6 through 22 and insert the 
     following:

     SEC. 111. 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.''.

                          ____________________