[House Report 115-504]
[From the U.S. Government Publishing Office]



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115th Congress     }                               {          Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                               {          115-504
======================================================================


 
 PROVIDING FOR CONSIDERATION OF 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

                                _______
                                

  January 9, 2018.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

         Mr. Collins of Georgia, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 682]

    The Committee on Rules, having had under consideration 
House Resolution 682, by a record vote of 6 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of S. 139, the 
Rapid DNA Act of 2017, under a structured rule. The resolution 
provides one hour of debate with 40 minutes equally divided and 
controlled by the chair and ranking minority member of the 
Permanent Select Committee on Intelligence, and 20 minutes 
equally divided and controlled by the chair and ranking 
minority member of the Committee on the Judiciary. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 115-53 shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of against provisions in the bill, as 
amended. The resolution makes in order only the further 
amendment printed in this report, if offered by the Member 
designated in this report, which shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question. The 
resolution waives all points of order against the amendment 
printed in this report. The resolution provides one motion to 
commit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in the bill, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against the amendment 
printed in this report includes a waiver of clause 12(a)(2) of 
rule XXI, which prohibits consideration of an amendment in the 
nature of a substitute unless there is a searchable electronic 
comparative print that shows how the amendment proposes to 
change current law.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 173

    Motion by Mr. Polis to make in order and provide the 
appropriate waivers to amendment #3, offered by Rep. Poe (TX) 
and Rep. Nadler (NY) and Rep. Lofgren (CA) and Rep. Gabbard 
(HI) and Rep. Jayapal (WA) and Rep. Gomez (CA) and Rep. 
Farenthold (TX) and Rep. Polis (CO), which mandates a warrant 
requirement for a search of the 702 database on a US person. It 
also ends ``about'' collection. Defeated: 3-6

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Burgess.....................................  ............  Mr. Hastings of Florida...........  ............
Mr. Collins.....................................          Nay   Mr. Polis.........................          Yea
Mr. Byrne.......................................  ............
Mr. Newhouse....................................          Nay
Mr. Buck........................................  ............
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 174

    Motion by Mr. Cole to report the rule. Adopted: 6-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................          Yea   Mr. Hastings of Florida...........  ............
Mr. Collins.....................................          Yea   Mr. Polis.........................          Nay
Mr. Byrne.......................................  ............
Mr. Newhouse....................................          Yea
Mr. Buck........................................  ............
Ms. Cheney......................................  ............
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

  SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER

    1. Amash (MI): Replaces the text of S. 139 with the text of 
the USA RIGHTS Act, to protect Americans' Fourth Amendment 
rights. (20 minutes)

     TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER

    1. An Amendment in the Nature of a Substitute To Be Offered by 
  Representative Amash of Michigan or His Designee, Debatable for 20 
                                Minutes

  Page 1, strike line 1 and all that follows 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'' or the ``USA RIGHTS 
Act''.
  (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 1947 
          relating to United States persons.
Sec. 7. Reforms of the Privacy and Civil Liberties Oversight Board.
Sec. 8. Improved role in oversight of electronic surveillance by amici 
          curiae appointed by courts under Foreign Intelligence 
          Surveillance Act of 1978.
Sec. 9. Reforms to the Foreign Intelligence Surveillance Court.
Sec. 10. Study and report on diversity and representation on the FISA 
          Court and the FISA Court of Review.
Sec. 11. Grounds for determining injury in fact in civil action relating 
          to surveillance under certain provisions of Foreign 
          Intelligence Surveillance Act of 1978.
Sec. 12. Clarification of applicability of requirement to declassify 
          significant decisions of Foreign Intelligence Surveillance 
          Court and Foreign Intelligence Surveillance Court of Review.
Sec. 13. Clarification regarding treatment of information acquired under 
          Foreign Intelligence Surveillance Act of 1978.
Sec. 14. Limitation on technical assistance from electronic 
          communication service providers under the Foreign Intelligence 
          Surveillance Act of 1978.
Sec. 15. Modification of authorities for public reporting by persons 
          subject to nondisclosure requirement accompanying order under 
          Foreign Intelligence Surveillance Act of 1978.
Sec. 16. Annual publication of statistics on number of persons targeted 
          outside the United States under certain Foreign Intelligence 
          Surveillance Act of 1978 authority.
Sec. 17. Repeal of nonapplicability to Federal Bureau of Investigation 
          of certain reporting requirements under Foreign Intelligence 
          Surveillance Act of 1978.
Sec. 18. Publication of estimates regarding communications collected 
          under certain provision of Foreign Intelligence Surveillance 
          Act of 1978.
Sec. 19. Four-year extension of FISA Amendments Act of 2008.

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

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

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

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

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

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

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

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

SEC. 6. LIMITATION ON USE OF INFORMATION OBTAINED UNDER CERTAIN 
                    AUTHORITY OF FOREIGN INTELLIGENCE SURVEILLANCE ACT 
                    OF 1947 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 USA PATRIOT 
                        Act (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), by inserting ``and to conduct 
        foreign intelligence activities'' after ``terrorism'' 
        each place such term appears.
  (b) Submission of Whistleblower Complaints to the Privacy and 
Civil Liberties Oversight Board.--
          (1) In general.--Section 1061 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 
        2000ee), as amended by subsection (a), is further 
        amended--
                  (A) in subsection (d), by adding at the end 
                the following:
          ``(5) Whistleblower complaints.--
                  ``(A) Submission to board.--An employee of, 
                or contractor or detailee to, an element of the 
                intelligence community may submit to the Board 
                a complaint or information that such employee, 
                contractor, or detailee believes relates to a 
                privacy or civil liberties concern. The 
                confidentiality provisions under section 
                2409(b)(3) of title 10, United States Code, 
                shall apply to a submission under this 
                subparagraph. Any disclosure under this 
                subparagraph shall be protected against 
                discrimination under the procedures, burdens of 
                proof, and remedies set forth in section 2409 
                of such title.
                  ``(B) Authority of board.--The Board may take 
                such action as the Board considers appropriate 
                with respect to investigating a complaint or 
                information submitted under subparagraph (A) or 
                transmitting such complaint or information to 
                any other Executive agency or the congressional 
                intelligence committees.
                  ``(C) Relationship to existing laws.--The 
                authority under subparagraph (A) of an 
                employee, contractor, or detailee to submit to 
                the Board a complaint or information shall be 
                in addition to any other authority under 
                another provision of law to submit a complaint 
                or information. Any action taken under any 
                other provision of law by the recipient of a 
                complaint or information shall not preclude the 
                Board from taking action relating to the same 
                complaint or information.
                  ``(D) Relationship to actions taken under 
                other laws.--Nothing in this paragraph shall 
                prevent--
                          ``(i) any individual from submitting 
                        a complaint or information to any 
                        authorized recipient of the complaint 
                        or information; or
                          ``(ii) the recipient of a complaint 
                        or information from taking independent 
                        action on the complaint or 
                        information.''; and
                  (B) by adding at the end the following:
  ``(n) Definitions.--In this section, the terms `congressional 
intelligence committees' and `intelligence community' have the 
meanings given such terms in section 3 of the National Security 
Act of 1947 (50 U.S.C. 3003).''.
          (2) Prohibited personnel practices.--Section 
        2302(b)(8)(B) of title 5, United States Code, is 
        amended, in the matter preceding clause (i), by 
        striking ``or to the Inspector of an agency or another 
        employee designated by the head of the agency to 
        receive such disclosures'' and inserting ``the 
        Inspector General of an agency, a supervisor in the 
        employee's direct chain of command (up to and including 
        the head of the employing agency), the Privacy and 
        Civil Liberties Oversight Board, or an employee 
        designated by any of the aforementioned individuals for 
        the purpose of receiving such disclosures''.
  (c) Privacy and Civil Liberties Oversight Board Subpoena 
Power.--Section 1061(g) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 
amended--
          (1) in paragraph (1)(D), by striking ``submit a 
        written request to the Attorney General of the United 
        States that the Attorney General'';
          (2) by striking paragraph (2); and
          (3) by redesignating paragraphs (3) and (4) as 
        paragraphs (2) and (3), respectively.
  (d) Appointment of Staff of the Privacy and Civil Liberties 
Oversight Board.--Section 1061(j) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(j)) is 
amended--
          (1) by redesignating paragraphs (2) and (3) as 
        paragraphs (3) and (4), respectively; and
          (2) by inserting after paragraph (1) the following:
          ``(2) Appointment in absence of chairman.--If the 
        position of chairman of the Board is vacant, during the 
        period of the vacancy the Board, at the direction of 
        the majority of the members of the Board, may exercise 
        the authority of the chairman under paragraph (1).''.
  (e) Tenure and Compensation of Privacy and Civil Liberties 
Oversight Board Members and Staff.--
          (1) In general.--Section 1061 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 
        2000ee), as amended by subsections (a) and (b), is 
        further amended--
                  (A) in subsection (h)--
                          (i) in paragraph (1), by inserting 
                        ``full-time'' after ``4 additional''; 
                        and
                          (ii) in paragraph (4)(B), by striking 
                        ``, except that'' and all that follows 
                        through the end and inserting a period;
                  (B) in subsection (i)(1)--
                          (i) in subparagraph (A), by striking 
                        ``level III of the Executive Schedule 
                        under section 5314'' and inserting 
                        ``level II of the Executive Schedule 
                        under section 5313''; and
                          (ii) in subparagraph (B), by striking 
                        ``level IV of the Executive Schedule'' 
                        and all that follows through the end 
                        and inserting ``level III of the 
                        Executive Schedule under section 5314 
                        of title 5, United States Code.''; and
                  (C) in subsection (j)(1), by striking ``level 
                V of the Executive Schedule under section 
                5316'' and inserting ``level IV of the 
                Executive Schedule under section 5315''.
          (2) Effective date; applicability.--
                  (A) In general.--The amendments made by 
                paragraph (1)--
                          (i) shall take effect on the date of 
                        the enactment of this Act; and
                          (ii) except as provided in paragraph 
                        (2), shall apply to any appointment to 
                        a position as a member of the Privacy 
                        and Civil Liberties Oversight Board 
                        made on or after the date of the 
                        enactment of this Act.
                  (B) Exceptions.--
                          (i) Compensation changes.--The 
                        amendments made by subparagraphs (B)(i) 
                        and (C) of paragraph (1) shall take 
                        effect on the first day of the first 
                        pay period beginning after the date of 
                        the enactment of this Act.
                          (ii) Election to serve full time by 
                        incumbents.--
                                  (I) In general.--An 
                                individual serving as a member 
                                of the Privacy and Civil 
                                Liberties Oversight Board on 
                                the date of the enactment of 
                                this Act, including a member 
                                continuing to serve as a member 
                                under section 1061(h)(4)(B) of 
                                the Intelligence Reform and 
                                Terrorism Prevention Act of 
                                2004 (42 U.S.C. 
                                2000ee(h)(4)(B)), (referred to 
                                in this clause as a ``current 
                                member'') may make an election 
                                to--
                                          (aa) serve as a 
                                        member of the Privacy 
                                        and Civil Liberties 
                                        Oversight Board on a 
                                        full-time basis and in 
                                        accordance with section 
                                        1061 of the 
                                        Intelligence Reform and 
                                        Terrorism Prevention 
                                        Act of 2004 (42 U.S.C. 
                                        2000ee), as amended by 
                                        this section; or
                                          (bb) serve as a 
                                        member of the Privacy 
                                        and Civil Liberties 
                                        Oversight Board on a 
                                        part-time basis in 
                                        accordance with such 
                                        section 1061, as in 
                                        effect on the day 
                                        before the date of the 
                                        enactment of this Act, 
                                        including the 
                                        limitation on service 
                                        after the expiration of 
                                        the term of the member 
                                        under subsection 
                                        (h)(4)(B) of such 
                                        section, as in effect 
                                        on the day before the 
                                        date of the enactment 
                                        of this Act.
                                  (II) Election to serve full 
                                time.--A current member making 
                                an election under subclause 
                                (I)(aa) shall begin serving as 
                                a member of the Privacy and 
                                Civil Liberties Oversight Board 
                                on a full-time basis on the 
                                first day of the first pay 
                                period beginning not less than 
                                60 days after the date on which 
                                the current member makes such 
                                election.
  (f) Provision of Information About Government Activities 
Under the Foreign Intelligence Surveillance Act of 1978 to the 
Privacy and Civil Liberties Oversight Board.--The Attorney 
General shall fully inform the Privacy and Civil Liberties 
Oversight Board about any activities carried out by the 
Government under the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.), including by providing to the 
Board--
          (1) copies of each detailed report submitted to a 
        committee of Congress under such Act; and
          (2) copies of each decision, order, and opinion of 
        the Foreign Intelligence Surveillance Court or the 
        Foreign Intelligence Surveillance Court of Review 
        required to be included in the report under section 
        601(a) of such Act (50 U.S.C. 1871(a)).

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

  (a) Role of Amici Curiae Generally.--
          (1) In general.--Section 103(i)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1803(i)(1)) is amended by adding at the end the 
        following: ``Any amicus curiae designated pursuant to 
        this paragraph may raise any issue with the Court at 
        any time.''.
          (2) Referral of cases for review.--Section 103(i) of 
        such Act is amended--
                  (A) by redesignating paragraphs (5) through 
                (10) as paragraphs (6) through (11), 
                respectively; and
                  (B) by inserting after paragraph (4) the 
                following:
          ``(5) Referral for review.--
                  ``(A) Referral to foreign intelligence 
                surveillance court en banc.--If the court 
                established under subsection (a) appoints an 
                amicus curiae under paragraph (2)(A) to assist 
                the Court in the consideration of any matter 
                presented to the Court under this Act and the 
                Court makes a decision with respect to such 
                matter, the Court, in response to an 
                application by the amicus curiae or any other 
                individual designated under paragraph (1), may 
                refer the decision to the Court en banc for 
                review as the Court considers appropriate.
                  ``(B) Referral to foreign intelligence 
                surveillance court of review.--If the court 
                established under subsection (a) appoints an 
                amicus curiae under paragraph (2)(A) to assist 
                the Court in the consideration of any matter 
                presented to the Court under this Act and the 
                Court makes a decision with respect to such 
                matter, the Court, in response to an 
                application by the amicus curiae or any other 
                individual designated under paragraph (1) may 
                refer the decision to the court established 
                under subsection (b) for review as the Court 
                considers appropriate.
                  ``(C) Referral to supreme court.--If the 
                Court of Review appoints an amicus curiae under 
                paragraph (2) to assist the Court of Review in 
                the review of any matter presented to the Court 
                of Review under this Act or a question of law 
                that may affect resolution of a matter in 
                controversy and the Court of Review makes a 
                decision with respect to such matter or 
                question of law, the Court of Review, in 
                response to an application by the amicus curiae 
                or any other individual designated under 
                paragraph (1) may refer the decision to the 
                Supreme Court for review as the Court of Review 
                considers appropriate.
                  ``(D) Annual report.--Not later than 60 days 
                after the end of each calendar year, the Court 
                and the Court of Review shall each publish, on 
                their respective 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 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 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 
                website--
                          ``(i) a notice of the question of law 
                        to be reviewed; and
                          ``(ii) briefs submitted by the 
                        parties, which may be redacted at the 
                        discretion of the court to protect 
                        sources, methods, and other classified 
                        information.
                  ``(B) Protection of classified information, 
                sources, and methods.--Subparagraph (A) shall 
                apply to the greatest extent practicable, 
                consistent with otherwise applicable law on the 
                protection of classified information, sources, 
                and methods.''.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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