    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-118
    115th Congress

    An Act

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

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``FISA Amendments
    Reauthorization Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as
    follows:

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

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

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

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

    Sec. 201. Extension of title VII of FISA; effective dates.
    Sec. 202. Increased penalty for unauthorized removal and retention of
    classified documents or material.
    Sec. 203. Report on challenges to the effectiveness of foreign
    intelligence surveillance.
    Sec. 204. Comptroller General study on the classification system and
    protection of classified information.
    Sec. 205. Technical amendments and amendments to improve procedures of
    the Foreign Intelligence Surveillance Court of Review.
    Sec. 206. Severability.

    SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
    1978.

    Except as otherwise expressly provided, whenever in this Act an
    amendment or repeal is expressed in terms of an amendment to, or a
    repeal of, a section or other provision, the reference shall be
    considered to be made to a section or other provision of the

    [[Page 4]]

    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

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

    SEC. 101. QUERYING PROCEDURES REQUIRED.

    (a) Querying Procedures.--
    (1) In general.--Section 702 (50 U.S.C. 1881a) is amended--
    (A) by redesignating subsections (f) through (l) as
    subsections (g) through (m), respectively; and
    (B) by inserting after subsection (e) the following
    new subsection:

    ``(f) Queries.--
    ``(1) <>  Procedures required.--
    ``(A) Requirement to adopt.--The Attorney General,
    in consultation with the Director of National
    Intelligence, shall adopt querying procedures consistent
    with the requirements of the fourth amendment to the
    Constitution of the United States for information
    collected pursuant to an authorization under subsection
    (a).
    ``(B) Record of united states person query terms.--
    The Attorney General, in consultation with the Director
    of National Intelligence, shall ensure that the
    procedures adopted under subparagraph (A) include a
    technical procedure whereby a record is kept of each
    United States person query term used for a query.
    ``(C) Judicial review.--The procedures adopted in
    accordance with subparagraph (A) shall be subject to
    judicial review pursuant to subsection (j).
    ``(2) Access to results of certain queries conducted by
    fbi.--
    ``(A) Court order required for fbi review of certain
    query results in criminal investigations unrelated to
    national security.--Except as provided by subparagraph
    (E), in connection with a predicated criminal
    investigation opened by the Federal Bureau of
    Investigation that does not relate to the national
    security of the United States, the Federal Bureau of
    Investigation may not access the contents of
    communications acquired under subsection (a) that were
    retrieved pursuant to a query made using a United States
    person query term that was not designed to find and
    extract foreign intelligence information unless--
    ``(i) the Federal Bureau of Investigation
    applies for an order of the Court under
    subparagraph (C); and
    ``(ii) the Court enters an order under
    subparagraph (D) approving such application.
    ``(B) Jurisdiction.--The Court shall have
    jurisdiction to review an application and to enter an
    order approving the access described in subparagraph
    (A).

    [[Page 5]]

    ``(C) Application.--Each application for an order
    under this paragraph shall be made by a Federal officer
    in writing upon oath or affirmation to a judge having
    jurisdiction under subparagraph (B). Each application
    shall require the approval of the Attorney General based
    upon the finding of the Attorney General that the
    application satisfies the criteria and requirements of
    such application, as set forth in this paragraph, and
    shall include--
    ``(i) the identity of the Federal officer
    making the application; and
    ``(ii) an affidavit or other information
    containing a statement of the facts and
    circumstances relied upon by the applicant to
    justify the belief of the applicant that the
    contents of communications described in
    subparagraph (A) covered by the application would
    provide evidence of--
    ``(I) criminal activity;
    ``(II) contraband, fruits of a
    crime, or other items illegally
    possessed by a third party; or
    ``(III) property designed for use,
    intended for use, or used in committing
    a crime.
    ``(D) <>  Order.--Upon an application
    made pursuant to subparagraph (C), the Court shall enter
    an order approving the accessing of the contents of
    communications described in subparagraph (A) covered by
    the application if the Court finds probable cause to
    believe that such contents would provide any of the
    evidence described in subparagraph (C)(ii).
    ``(E) Exception.--The requirement for an order of
    the Court under subparagraph (A) to access the contents
    of communications described in such subparagraph shall
    not apply with respect to a query if the Federal Bureau
    of Investigation determines there is a reasonable belief
    that such contents could assist in mitigating or
    eliminating a threat to life or serious bodily harm.
    ``(F) Rule of construction.--Nothing in this
    paragraph may be construed as--
    ``(i) limiting the authority of the Federal
    Bureau of Investigation to conduct lawful queries
    of information acquired under subsection (a);
    ``(ii) limiting the authority of the Federal
    Bureau of Investigation to review, without a court
    order, the results of any query of information
    acquired under subsection (a) that was reasonably
    designed to find and extract foreign intelligence
    information, regardless of whether such foreign
    intelligence information could also be considered
    evidence of a crime; or
    ``(iii) prohibiting or otherwise limiting the
    ability of the Federal Bureau of Investigation to
    access the results of queries conducted when
    evaluating whether to open an assessment or
    predicated investigation relating to the national
    security of the United States.
    ``(3) Definitions.--In this subsection:
    ``(A) The term `contents' has the meaning given that
    term in section 2510(8) of title 18, United States Code.
    ``(B) The term `query' means the use of one or more
    terms to retrieve the unminimized contents or
    noncontents

    [[Page 6]]

    located in electronic and data storage systems of
    communications of or concerning United States persons
    obtained through acquisitions authorized under
    subsection (a).''.
    (2) Application.--Subsection (f) of section 702 of the
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a),
    as added by paragraph (1), shall apply with respect to
    certifications submitted under subsection (h) of such section to
    the Foreign Intelligence Surveillance Court after January 1,
    2018.

    (b) Conforming Amendments.--
    (1) Amendments to section 702 of fisa.--Such section 702 is
    further amended--
    (A) in subsection (a), by striking ``with subsection
    (i)(3)'' and inserting ``with subsection (j)(3)'';
    (B) in subsection (c)--
    (i) in paragraph (1)(B), by striking ``with
    subsection (g)'' and inserting ``with subsection
    (h)'';
    (ii) in paragraph (2), by striking ``to
    subsection (i)(3)'' and inserting ``to subsection
    (j)(3)''; and
    (iii) in paragraph (3)--
    (I) in subparagraph (A), by striking
    ``with subsection (g)'' and inserting
    ``with subsection (h)''; and
    (II) in subparagraph (B)--
    (aa) by striking ``to
    subsection (i)(1)(C)'' and
    inserting ``to subsection
    (j)(1)(C)''; and
    (bb) by striking ``under
    subsection (i)'' and inserting
    ``under subsection (j)'';
    (C) in subsection (d)(2), by striking ``to
    subsection (i)'' and inserting ``to subsection (j)'';
    (D) in subsection (e)(2), by striking ``to
    subsection (i)'' and inserting ``to subsection (j)'';
    (E) in subsection (h), as redesignated by subsection
    (a)(1)--
    (i) in paragraph (2)(A)(iii), by striking
    ``with subsection (f)'' and inserting ``with
    subsection (g)'';
    (ii) in paragraph (3), by striking ``with
    subsection (i)(1)(C)'' and inserting ``with
    subsection (j)(1)(C)''; and
    (iii) in paragraph (6), by striking ``to
    subsection (i)'' and inserting ``to subsection
    (j)'';
    (F) in subsection (j), as redesignated by subsection
    (a)(1)--
    (i) in paragraph (1)--
    (I) in subparagraph (A), by striking
    ``targeting and minimization procedures
    adopted in accordance with subsections
    (d) and (e)'' and inserting ``targeting,
    minimization, and querying procedures
    adopted in accordance with subsections
    (d), (e), and (f)(1)'';
    (II) in subparagraph (B), by
    striking ``targeting and minimization
    procedures adopted in accordance with
    subsections (d) and (e)'' and inserting
    ``targeting, minimization, and querying
    procedures adopted in accordance with
    subsections (d), (e), and (f)(1)''; and
    (III) in subparagraph (C), by
    striking ``targeting and minimization
    procedures adopted in accordance with
    subsections (d) and (e)'' and

    [[Page 7]]

    inserting ``targeting, minimization, and
    querying procedures adopted in
    accordance with subsections (d), (e),
    and (f)(1)'';
    (ii) in paragraph (2)--
    (I) in subparagraph (A), by striking
    ``with subsection (g)'' and inserting
    ``with subsection (h)''; and
    (II) by adding at the end the
    following:
    ``(D) Querying procedures.--The querying procedures
    adopted in accordance with subsection (f)(1) to assess
    whether such procedures comply with the requirements of
    such subsection.'';
    (iii) in paragraph (3)--
    (I) in subparagraph (A)--
    (aa) by striking ``with
    subsection (g)'' and inserting
    ``with subsection (h)''; and
    (bb) by striking ``targeting
    and minimization procedures
    adopted in accordance with
    subsections (d) and (e)'' and
    inserting ``targeting,
    minimization, and querying
    procedures adopted in accordance
    with subsections (d), (e), and
    (f)(1)''; and
    (II) in subparagraph (B), in the
    matter before clause (i)--
    (aa) by striking ``with
    subsection (g)'' and inserting
    ``with subsection (h)''; and
    (bb) by striking ``with
    subsections (d) and (e)'' and
    inserting ``with subsections
    (d), (e), and (f)(1)''; and
    (iv) in paragraph (5)(A)--
    (I) by striking ``with subsection
    (g)'' and inserting ``with subsection
    (h)''; and
    (II) by striking ``with subsections
    (d) and (e)'' and inserting ``with
    subsections (d), (e), and (f)(1)''; and
    (G) in subsection (m), as redesignated by subsection
    (a)(1)--
    (i) in paragraph (1), in the matter before
    subparagraph (A)--
    (I) by striking ``targeting and
    minimization procedures adopted in
    accordance with subsections (d) and
    (e)'' and inserting ``targeting,
    minimization, and querying procedures
    adopted in accordance with subsections
    (d), (e), and (f)(1)''; and
    (II) by striking ``with subsection
    (f)'' and inserting ``with subsection
    (g)''; and
    (ii) in paragraph (2)(A)--
    (I) by striking ``targeting and
    minimization procedures adopted in
    accordance with subsections (d) and
    (e)'' and inserting ``targeting,
    minimization, and querying procedures
    adopted in accordance with subsections
    (d), (e), and (f)(1)''; and
    (II) by striking ``with subsection
    (f)'' and inserting ``with subsection
    (g)''.
    (2) Amendments to fisa.--The Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further
    amended--

    [[Page 8]]

    (A) by striking ``section 702(h)'' each place it
    appears and inserting ``section 702(i)'';
    (B) by striking ``section 702(g)'' each place it
    appears and inserting ``section 702(h)''; and
    (C) in section 707(b)(1)(G)(ii), by striking
    ``subsections (d), (e), and (f)'' and inserting
    ``subsections (d), (e), (f)(1), and (g)''.
    (3) Amendments to fisa amendments act of 2008.--Section 404
    of the Foreign Intelligence Surveillance Act of 1978 Amendments
    Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 note) is
    amended--
    (A) in subsection (a)(7)(B)--
    (i) by striking ``under section 702(i)(3)''
    and inserting ``under section 702(j)(3)''; and
    (ii) by striking ``of section 702(i)(4)'' and
    inserting ``of section 702(j)(4)'';
    (B) in subsection (b)--
    (i) in paragraph (3)--
    (I) in subparagraph (A), by striking
    ``to section 702(h)'' and inserting ``to
    section 702(i)''; and
    (II) in subparagraph (B)--
    (aa) by striking ``section
    702(h)(3) of'' and inserting
    ``section 702(i)(3) of''; and
    (bb) by striking ``to
    section 702(h)'' and inserting
    ``to section 702(i)''; and
    (ii) in paragraph (4)--
    (I) in subparagraph (A), by striking
    ``and sections 702(l)'' and inserting
    ``and sections 702(m)''; and
    (II) in subparagraph (B)(iv), by
    striking ``or section 702(l)'' and
    inserting ``or section 702(m)''.
    SEC. 102. USE AND DISCLOSURE PROVISIONS.

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

    [[Page 9]]

    ``(cc) serious bodily
    injury, as defined in section
    1365 of title 18, United States
    Code;
    ``(dd) conduct that
    constitutes a criminal offense
    that is a specified offense
    against a minor, as defined in
    section 111 of the Adam Walsh
    Child Protection and Safety Act
    of 2006 (34 U.S.C. 20911);
    ``(ee) incapacitation or
    destruction of critical
    infrastructure, as defined in
    section 1016(e) of the USA
    PATRIOT Act (42 U.S.C.
    5195c(e));
    ``(ff) cybersecurity,
    including conduct described in
    section 1016(e) of the USA
    PATRIOT Act (42 U.S.C. 5195c(e))
    or section 1029, 1030, or 2511
    of title 18, United States Code;
    ``(gg) transnational crime,
    including transnational
    narcotics trafficking and
    transnational organized crime;
    or
    ``(hh) human trafficking.
    ``(B) No judicial review.--A determination by the
    Attorney General under subparagraph (A)(ii) is not
    subject to judicial review.''.

    (b) Intelligence Community Disclosure Provision.--Section 603 (50
    U.S.C. 1873) is amended--
    (1) in subsection (b)--
    (A) in paragraph (1), by striking ``good faith
    estimate of the number of targets of such orders;'' and
    inserting the following: ``good faith estimate of--
    ``(A) the number of targets of such orders;
    ``(B) the number of targets of such orders who are
    known to not be United States persons; and
    ``(C) the number of targets of such orders who are
    known to be United States persons;'';
    (B) in paragraph (2)--
    (i) in the matter preceding subparagraph (A),
    by inserting ``, including pursuant to subsection
    (f)(2) of such section,'' after ``section 702'';
    (ii) by redesignating subparagraphs (A) and
    (B) as subparagraphs (B) and (C), respectively;
    (iii) by inserting before subparagraph (B), as
    so redesignated, the following:
    ``(A) the number of targets of such orders;'';
    (iv) in subparagraph (B), as so redesignated,
    by striking ``and'' at the end; and
    (v) by adding at the end the following:
    ``(D) the number of instances in which the Federal
    Bureau of Investigation opened, under the Criminal
    Investigative Division or any successor division, an
    investigation of a United States person (who is not
    considered a threat to national security) based wholly
    or in part on an acquisition authorized under such
    section;'';
    (C) in paragraph (3)(A), by striking ``orders; and''
    and inserting the following: ``orders, including--
    ``(i) the number of targets of such orders who
    are known to not be United States persons; and

    [[Page 10]]

    ``(ii) the number of targets of such orders
    who are known to be United States persons; and'';
    (D) by redesignating paragraphs (4), (5), and (6) as
    paragraphs (5), (6), and (7), respectively; and
    (E) by inserting after paragraph (3) the following:
    ``(4) the number of criminal proceedings in which the United
    States or a State or political subdivision thereof provided
    notice pursuant to subsection (c) or (d) of section 106
    (including with respect to information acquired from an
    acquisition conducted under section 702) or subsection (d) or
    (e) of section 305 of the intent of the government to enter into
    evidence or otherwise use or disclose any information obtained
    or derived from electronic surveillance, physical search, or an
    acquisition conducted pursuant to this Act;''; and
    (2) in subsection (d)--
    (A) in paragraph (1), by striking ``(4), or (5)''
    and inserting ``(5), or (6)'';
    (B) in paragraph (2)(A)--
    (i) by striking ``Paragraphs (2)(A), (2)(B),
    and (5)(C)'' and inserting ``Paragraphs (2)(B),
    (2)(C), and (6)(C)''; and
    (ii) by inserting before the period at the end
    the following: ``, except with respect to
    information required under paragraph (2) relating
    to orders issued under section 702(f)(2)''; and
    (C) in paragraph (3)(A), in the matter preceding
    clause (i), by striking ``subsection (b)(2)(B)'' and
    inserting ``subsection (b)(2)(C)''.
    SEC. 103. CONGRESSIONAL REVIEW AND OVERSIGHT OF ABOUTS COLLECTION.

    (a) In General.--Section 702(b) (50 U.S.C. 1881a(b)) is amended--
    (1) in paragraph (4), by striking ``and'' at the end;
    (2) by redesignating paragraph (5) as paragraph (6); and
    (3) by inserting after paragraph (4) the following:
    ``(5) may not intentionally acquire communications that
    contain a reference to, but are not to or from, a target of an
    acquisition authorized under subsection (a), except as provided
    under section 103(b) of the FISA Amendments Reauthorization Act
    of 2017; and''.

    (b) <>  Congressional Review and Oversight
    of Abouts Collection.--
    (1) Definitions.--In this subsection:
    (A) The term ``abouts communication'' means a
    communication that contains a reference to, but is not
    to or from, a target of an acquisition authorized under
    section 702(a) of the Foreign Intelligence Surveillance
    Act of 1978 (50 U.S.C. 1881a(a)).
    (B) The term ``material breach'' means significant
    noncompliance with applicable law or an order of the
    Foreign Intelligence Surveillance Court concerning any
    acquisition of abouts communications.
    (2) Submission to congress.--
    (A) <>  Requirement.--Notwithstanding
    any other provision of law, and except as provided in
    paragraph (4), if

    [[Page 11]]

    the Attorney General and the Director of National
    Intelligence intend to implement the authorization of
    the intentional acquisition of abouts communications,
    before the first such implementation after the date of
    enactment of this Act, the Attorney General and the
    Director of National Intelligence shall submit to the
    Committee on the Judiciary and the Select Committee on
    Intelligence of the Senate and the Committee on the
    Judiciary and the Permanent Select Committee on
    Intelligence of the House of Representatives a written
    notice of the intent to implement the authorization of
    such an acquisition, and any supporting materials in
    accordance with this subsection.
    (B) <>
    Congressional review period.--During the 30-day period
    beginning on the date written notice is submitted under
    subparagraph (A), the Committee on the Judiciary and the
    Select Committee on Intelligence of the Senate and the
    Committee on the Judiciary and the Permanent Select
    Committee on Intelligence of the House of
    Representatives shall, as appropriate, hold hearings and
    briefings and otherwise obtain information in order to
    fully review the written notice.
    (C) <>  Limitation on action
    during congressional review period.--Notwithstanding any
    other provision of law, and subject to paragraph (4),
    unless the Attorney General and the Director of National
    Intelligence make a determination pursuant to section
    702(c)(2) of the Foreign Intelligence Surveillance Act
    of 1978 (50 U.S.C. 1881a(c)(2)), the Attorney General
    and the Director of National Intelligence may not
    implement the authorization of the intentional
    acquisition of abouts communications before the end of
    the period described in subparagraph (B).
    (3) <>  Written notice.--Written notice
    under paragraph (2)(A) shall include the following:
    (A) <>  A copy of any
    certification submitted to the Foreign Intelligence
    Surveillance Court pursuant to section 702 of the
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
    1881a), or amendment thereto, authorizing the
    intentional acquisition of abouts communications,
    including all affidavits, procedures, exhibits, and
    attachments submitted therewith.
    (B) The decision, order, or opinion of the Foreign
    Intelligence Surveillance Court approving such
    certification, and any pleadings, applications, or
    memoranda of law associated with such decision, order,
    or opinion.
    (C) A summary of the protections in place to detect
    any material breach.
    (D) Data or other results of modeling, simulation,
    or auditing of sample data demonstrating that any
    acquisition method involving the intentional acquisition
    of abouts communications shall be conducted in
    accordance with title VII of the Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1881 et seq.), if
    such data or other results exist at the time the written
    notice is submitted and were provided to the Foreign
    Intelligence Surveillance Court.
    (E) Except as provided under paragraph (4), a
    statement that no acquisition authorized under
    subsection (a)

    [[Page 12]]

    of such section 702 shall include the intentional
    acquisition of an abouts communication until after the
    end of the 30-day period described in paragraph (2)(B).
    (4) Exception for emergency acquisition.--
    (A) <>  Notice of determination.--
    If the Attorney General and the Director of National
    Intelligence make a determination pursuant to section
    702(c)(2) of the Foreign Intelligence Surveillance Act
    of 1978 (50 U.S.C. 1881a(c)(2)) with respect to the
    intentional acquisition of abouts communications, the
    Attorney General and the Director of National
    Intelligence shall notify the Committee on the Judiciary
    and the Select Committee on Intelligence of the Senate
    and the Committee on the Judiciary and the Permanent
    Select Committee on Intelligence of the House of
    Representatives as soon as practicable, but not later
    than 7 days after the determination is made.
    (B) Implementation or continuation.--
    (i) <>
    In general.--If the Foreign Intelligence
    Surveillance Court approves a certification that
    authorizes the intentional acquisition of abouts
    communications before the end of the 30-day period
    described in paragraph (2)(B), the Attorney
    General and the Director of National Intelligence
    may authorize the immediate implementation or
    continuation of that certification if the Attorney
    General and the Director of National Intelligence
    jointly determine that exigent circumstances exist
    such that without such immediate implementation or
    continuation intelligence important to the
    national security of the United States may be lost
    or not timely acquired.
    (ii) <>  Notice.--The
    Attorney General and the Director of National
    Intelligence shall submit to the Committee on the
    Judiciary and the Select Committee on Intelligence
    of the Senate and the Committee on the Judiciary
    and the Permanent Select Committee on Intelligence
    of the House of Representatives notification of a
    determination pursuant to clause (i) as soon as
    practicable, but not later than 3 days after the
    determination is made.
    (5) Reporting of material breach.--Subsection (m) of section
    702 (50 U.S.C. 1881a), as redesignated by section 101, is
    amended--
    (A) in the heading by striking ``and Reviews'' and
    inserting ``Reviews, and Reporting''; and
    (B) by adding at the end the following new
    paragraph:
    ``(4) Reporting of material breach.--
    ``(A) In general.--The head of each element of the
    intelligence community involved in the acquisition of
    abouts communications shall fully and currently inform
    the Committees on the Judiciary of the House of
    Representatives and the Senate and the congressional
    intelligence committees of a material breach.
    ``(B) Definitions.--In this paragraph:
    ``(i) The term `abouts communication' means a
    communication that contains a reference to, but is
    not to or from, a target of an acquisition
    authorized under subsection (a).

    [[Page 13]]

    ``(ii) The term `material breach' means
    significant noncompliance with applicable law or
    an order of the Foreign Intelligence Surveillance
    Court concerning any acquisition of abouts
    communications.''.
    (6) Appointment of amici curiae by foreign intelligence
    surveillance court.--For purposes of section 103(i)(2)(A) of the
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
    1803(i)(2)(A)), the Foreign Intelligence Surveillance Court
    shall treat the first certification under section 702(h) of such
    Act (50 U.S.C. 1881a(h)) or amendment thereto that authorizes
    the acquisition of abouts communications as presenting a novel
    or significant interpretation of the law, unless the court
    determines otherwise.
    SEC. 104. PUBLICATION OF MINIMIZATION PROCEDURES UNDER SECTION
    702.

    Section 702(e) (50 U.S.C. 1881a(e)) is amended by adding at the end
    the following new paragraph:
    ``(3) <>  Publication.--The Director of
    National Intelligence, in consultation with the Attorney
    General, shall--
    ``(A) conduct a declassification review of any
    minimization procedures adopted or amended in accordance
    with paragraph (1); and
    ``(B) consistent with such review, and not later
    than 180 days after conducting such review, make such
    minimization procedures publicly available to the
    greatest extent practicable, which may be in redacted
    form.''.
    SEC. 105. SECTION 705 EMERGENCY PROVISION.

    Section 705 (50 U.S.C. 1881d) is amended by adding at the end the
    following:
    ``(c) Emergency Authorization.--
    ``(1) Concurrent authorization.--If the Attorney General
    authorized the emergency employment of electronic surveillance
    or a physical search pursuant to section 105 or 304, the
    Attorney General may authorize, for the effective period of the
    emergency authorization and subsequent order pursuant to section
    105 or 304, without a separate order under section 703 or 704,
    the targeting of a United States person subject to such
    emergency employment for the purpose of acquiring foreign
    intelligence information while such United States person is
    reasonably believed to be located outside the United States.
    ``(2) Use of information.--If an application submitted to
    the Court pursuant to section 104 or 303 is denied, or in any
    other case in which the acquisition pursuant to paragraph (1) is
    terminated and no order with respect to the target of the
    acquisition is issued under section 105 or 304, all information
    obtained or evidence derived from such acquisition shall be
    handled in accordance with section 704(d)(4).''.
    SEC. 106. COMPENSATION OF AMICI CURIAE AND TECHNICAL EXPERTS.

    Subsection (i) of section 103 (50 U.S.C. 1803) is amended by adding
    at the end the following:
    ``(11) Compensation.--Notwithstanding any other provision of
    law, a court established under subsection (a) or (b) may
    compensate an amicus curiae appointed under paragraph

    [[Page 14]]

    (2) for assistance provided under such paragraph as the court
    considers appropriate and at such rate as the court considers
    appropriate.''.
    SEC. 107. ADDITIONAL REPORTING REQUIREMENTS.

    (a) Electronic Surveillance.--Section 107 (50 U.S.C. 1807) is
    amended to read as follows:
    ``SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE.

    ``(a) Annual Report.--In April of each year, the Attorney General
    shall transmit to the Administrative Office of the United States Courts
    and to the congressional intelligence committees and the Committees on
    the Judiciary of the House of Representatives and the Senate a report
    setting forth with respect to the preceding calendar year--
    ``(1) the total number of applications made for orders and
    extensions of orders approving electronic surveillance under
    this title;
    ``(2) the total number of such orders and extensions either
    granted, modified, or denied; and
    ``(3) the total number of subjects targeted by electronic
    surveillance conducted under an order or emergency authorization
    under this title, rounded to the nearest 500, including the
    number of such individuals who are United States persons,
    reported to the nearest band of 500, starting with 0-499.

    ``(b) Form.--Each report under subsection (a) shall be submitted in
    unclassified form, to the extent consistent with national security. Not
    later than 7 days <>  after
    the date on which the Attorney General submits each such report, the
    Attorney General shall make the report publicly available, or, if the
    Attorney General determines that the report cannot be made publicly
    available consistent with national security, the Attorney General may
    make publicly available an unclassified summary of the report or a
    redacted version of the report.''.

    (b) Pen Registers and Trap and Trace Devices.--Section 406 (50
    U.S.C. 1846) is amended--
    (1) in subsection (b)--
    (A) in paragraph (4), by striking ``; and'' and
    inserting a semicolon;
    (B) in paragraph (5), by striking the period at the
    end and inserting ``; and''; and
    (C) by adding at the end the following new
    paragraph:
    ``(6) a good faith estimate of the total number of subjects
    who were targeted by the installation and use of a pen register
    or trap and trace device under an order or emergency
    authorization issued under this title, rounded to the nearest
    500, including--
    ``(A) the number of such subjects who are United
    States persons, reported to the nearest band of 500,
    starting with 0-499; and
    ``(B) of the number of United States persons
    described in subparagraph (A), the number of persons
    whose information acquired pursuant to such order was
    reviewed or accessed by a Federal officer, employee, or
    agent, reported to the nearest band of 500, starting
    with 0-499.''; and
    (2) by adding at the end the following new subsection:

    ``(c) Each report under subsection (b) shall be submitted in
    unclassified form, to the extent consistent with national security.

    [[Page 15]]

    Not later than 7 days <>
    after the date on which the Attorney General submits such a report, the
    Attorney General shall make the report publicly available, or, if the
    Attorney General determines that the report cannot be made publicly
    available consistent with national security, the Attorney General may
    make publicly available an unclassified summary of the report or a
    redacted version of the report.''.
    SEC. 108. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT
    BOARD.

    (a) Appointment of Staff.--Subsection (j) of section 1061 of the
    Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C.
    2000ee(j)) is amended--
    (1) by redesignating paragraphs (2) and (3) as paragraphs
    (3) and (4), respectively; and
    (2) by inserting after paragraph (1) the following new
    paragraph:
    ``(2) Appointment in absence of chairman.--If the position
    of chairman of the Board is vacant, during the period of the
    vacancy, the Board, at the direction of the unanimous vote of
    the serving members of the Board, may exercise the authority of
    the chairman under paragraph (1).''.

    (b) Meetings.--Subsection (f) of such section (42 U.S.C. 2000ee(f))
    is amended--
    (1) by striking ``The Board shall'' and inserting ``The
    Board'';
    (2) in paragraph (1) by striking ``make its'' and inserting
    ``shall make its''; and
    (3) in paragraph (2)--
    (A) by striking ``hold public'' and inserting
    ``shall hold public''; and
    (B) by inserting before the period at the end the
    following: ``, but may, notwithstanding section 552b of
    title 5, United States Code, meet or otherwise
    communicate in any number to confer or deliberate in a
    manner that is closed to the public''.
    SEC. 109. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    Section 1062(a) of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (42 U.S.C. 2000ee-1(a)) is amended by inserting ``, the
    Director of the National Security Agency, the Director of the Federal
    Bureau of Investigation'' after ``the Director of the Central
    Intelligence Agency''.
    SEC. 110. WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE
    INTELLIGENCE COMMUNITY.

    (a) Prohibited Personnel Practices in the Intelligence Community.--
    Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is
    amended--
    (1) in subsection (a)--
    (A) in paragraph (3), by inserting ``or a contractor
    employee'' after ``character)''; and
    (B) by adding at the end the following new
    paragraph:
    ``(4) <>  Contractor employee.--The term
    `contractor employee' means an employee of a contractor,
    subcontractor, grantee, subgrantee, or personal services
    contractor, of a covered intelligence community element.'';
    (2) by redesignating subsections (c) and (d) as subsections
    (d) and (e), respectively;

    [[Page 16]]

    (3) by inserting after subsection (b) the following new
    subsection (c):

    ``(c) Contractor Employees.--(1) Any employee of a contractor,
    subcontractor, grantee, subgrantee, or personal services contractor, of
    a covered intelligence community element who has authority to take,
    direct others to take, recommend, or approve any personnel action, shall
    not, with respect to such authority, take or fail to take a personnel
    action with respect to any contractor employee as a reprisal for a
    lawful disclosure of information by the contractor employee to the
    Director of National Intelligence (or an employee designated by the
    Director of National Intelligence for such purpose), the Inspector
    General of the Intelligence Community, the head of the contracting
    agency (or an employee designated by the head of that agency for such
    purpose), the appropriate inspector general of the contracting agency, a
    congressional intelligence committee, or a member of a congressional
    intelligence committee, which the contractor employee reasonably
    believes evidences--
    ``(A) a violation of any Federal law, rule, or regulation
    (including with respect to evidence of another employee or
    contractor employee accessing or sharing classified information
    without authorization); or
    ``(B) gross mismanagement, a gross waste of funds, an abuse
    of authority, or a substantial and specific danger to public
    health or safety.

    ``(2) A personnel action under paragraph (1) is prohibited even if
    the action is undertaken at the request of an agency official, unless
    the request takes the form of a nondiscretionary directive and is within
    the authority of the agency official making the request.'';
    (4) in subsection (b), by striking the heading and inserting
    ``Agency Employees.--''; and
    (5) in subsection (e), as redesignated by paragraph (2), by
    inserting ``contractor employee,'' after ``any employee,''.

    (b) <>  Federal Bureau of Investigation.--
    (1) In general.--Any employee of a contractor,
    subcontractor, grantee, subgrantee, or personal services
    contractor, of the Federal Bureau of Investigation who has
    authority to take, direct others to take, recommend, or approve
    any personnel action, shall not, with respect to such authority,
    take or fail to take a personnel action with respect to a
    contractor employee as a reprisal for a disclosure of
    information--
    (A) made--
    (i) to a supervisor in the direct chain of
    command of the contractor employee;
    (ii) to the Inspector General;
    (iii) to the Office of Professional
    Responsibility of the Department of Justice;
    (iv) to the Office of Professional
    Responsibility of the Federal Bureau of
    Investigation;
    (v) to the Inspection Division of the Federal
    Bureau of Investigation;
    (vi) to the Office of Special Counsel; or
    (vii) to an employee designated by any
    officer, employee, office, or division described
    in clauses (i) through (vii) for the purpose of
    receiving such disclosures; and

    [[Page 17]]

    (B) which the contractor employee reasonably
    believes evidences--
    (i) any violation of any law, rule, or
    regulation (including with respect to evidence of
    another employee or contractor employee accessing
    or sharing classified information without
    authorization); or
    (ii) gross mismanagement, a gross waste of
    funds, an abuse of authority, or a substantial and
    specific danger to public health or safety.
    (2) Actions by request.--A personnel action under paragraph
    (1) is prohibited even if the action is undertaken at the
    request of an official of the Federal Bureau of Investigation,
    unless the request takes the form of a nondiscretionary
    directive and is within the authority of the official making the
    request.
    (3) Regulations.--The Attorney General shall prescribe
    regulations to ensure that a personnel action described in
    paragraph (1) shall not be taken against a contractor employee
    of the Federal Bureau of Investigation as a reprisal for any
    disclosure of information described in subparagraph (A) of such
    paragraph.
    (4) <>  Enforcement.--The President shall
    provide for the enforcement of this subsection.
    (5) Definitions.--In this subsection:
    (A) The term ``contractor employee'' means an
    employee of a contractor, subcontractor, grantee,
    subgrantee, or personal services contractor, of the
    Federal Bureau of Investigation.
    (B) The term ``personnel action'' means any action
    described in clauses (i) through (x) of section
    2302(a)(2)(A) of title 5, United States Code, with
    respect to a contractor employee.

    (c) Retaliatory Revocation of Security Clearances and Access
    Determinations.--Section 3001(j) of the Intelligence Reform and
    Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) is amended by
    adding at the end the following new paragraph:
    ``(8) Inclusion of contractor employees.--In this
    subsection, the term `employee' includes an employee of a
    contractor, subcontractor, grantee, subgrantee, or personal
    services contractor, of an agency. With respect to such
    employees, the term `employing agency' shall be deemed to be the
    contracting agency.''.
    SEC. 111. <>  BRIEFING ON
    NOTIFICATION REQUIREMENTS.

    Not later than 180 days after the date of the enactment of this Act,
    the Attorney General, in consultation with the Director of National
    Intelligence, shall provide to the Committee on the Judiciary and the
    Permanent Select Committee on Intelligence of the House of
    Representatives and the Committee on the Judiciary and the Select
    Committee on Intelligence of the Senate a briefing with respect to how
    the Department of Justice interprets the requirements under sections
    106(c), 305(d), and 405(c) of the Foreign Intelligence Surveillance Act
    of 1978 (50 U.S.C. 1806(c), 1825(d), and 1845(c)) to notify an aggrieved
    person under such sections of the use of information obtained or derived
    from electronic surveillance, physical search, or the use of a pen
    register or trap and trace device. The briefing shall focus on how the
    Department interprets the phrase ``obtained or derived from'' in such
    sections.

    [[Page 18]]

    SEC. 112. INSPECTOR GENERAL REPORT ON QUERIES CONDUCTED BY FEDERAL
    BUREAU OF INVESTIGATION.

    (a) Report.--Not later than 1 year after the date on which the
    Foreign Intelligence Surveillance Court first approves the querying
    procedures adopted pursuant to section 702(f) of the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)), as added by
    section 101, the Inspector General of the Department of Justice shall
    submit to the Committee on the Judiciary and the Select Committee on
    Intelligence of the Senate and the Committee on the Judiciary and the
    Permanent Select Committee on Intelligence of the House of
    Representatives a report containing a review by the Inspector General of
    the interpretation of, and compliance with, such procedures by the
    Federal Bureau of Investigation.
    (b) Matters Included.--The report under subsection (a) shall
    include, at a minimum, an assessment of the following:
    (1) The interpretations by the Federal Bureau of
    Investigation and the National Security Division of the
    Department of Justice, respectively, relating to the querying
    procedures adopted under subsection (f) of section 702 of the
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
    1881a(f)), as added by section 101.
    (2) The handling by the Federal Bureau of Investigation of
    individuals whose citizenship status is unknown at the time of a
    query conducted under such section 702.
    (3) The practice of the Federal Bureau of Investigation with
    respect to retaining records of queries conducted under such
    section 702 for auditing purposes.
    (4) The training or other processes of the Federal Bureau of
    Investigation to ensure compliance with such querying
    procedures.
    (5) The implementation of such querying procedures with
    respect to queries conducted when evaluating whether to open an
    assessment or predicated investigation relating to the national
    security of the United States.
    (6) The scope of access by the criminal division of the
    Federal Bureau of Investigation to information obtained pursuant
    to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
    1801 et seq.), including with respect to information acquired
    under subsection (a) of such section 702 based on queries
    conducted by the criminal division.
    (7) The frequency and nature of the reviews conducted by the
    National Security Division of the Department of Justice and the
    Office of the Director of National Intelligence relating to the
    compliance by the Federal Bureau of Investigation with such
    querying procedures.
    (8) Any impediments, including operational, technical, or
    policy impediments, for the Federal Bureau of Investigation to
    count--
    (A) the total number of queries where the Federal
    Bureau of Investigation subsequently accessed
    information acquired under subsection (a) of such
    section 702;
    (B) the total number of such queries that used known
    United States person identifiers; and
    (C) the total number of queries for which the
    Federal Bureau of Investigation received an order of the
    Foreign

    [[Page 19]]

    Intelligence Surveillance Court pursuant to subsection
    (f)(2) of such section 702.

    (c) Form.--The report under subsection (a) shall be submitted in
    unclassified form to the extent consistent with national security, but
    may include a classified annex.

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

    SEC. 201. EXTENSION OF TITLE VII OF FISA; EFFECTIVE DATES.

    (a) Extension.--Section 403(b) of the FISA Amendments Act of 2008
    (Public Law 110-261; 122 Stat. 2474) is amended--
    (1) <>  in
    paragraph (1)--
    (A) by striking ``December 31, 2017'' and inserting
    ``December 31, 2023''; and
    (B) by inserting ``and by the FISA Amendments
    Reauthorization Act of 2017'' after ``section 101(a)'';
    and
    (2) <>  in paragraph (2) in the
    matter preceding subparagraph (A), by striking ``December 31,
    2017'' and inserting ``December 31, 2023''.

    (b) Conforming Amendments.--Section 404(b) of the FISA Amendments
    Act of 2008 (Public Law 110-261; 122 Stat. 2476), as amended by section
    101, <>  is further amended--
    (1) in paragraph (1)--
    (A) in the heading, by striking ``December 31,
    2017'' and inserting ``December 31, 2023''; and
    (B) by inserting ``and by the FISA Amendments
    Reauthorization Act of 2017'' after ``section 101(a)'';
    (2) in paragraph (2), by inserting ``and by the FISA
    Amendments Reauthorization Act of 2017'' after ``section
    101(a)''; and
    (3) in paragraph (4)--
    (A) by inserting ``and amended by the FISA
    Amendments Reauthorization Act of 2017'' after ``as
    added by section 101(a)'' both places it appears; and
    (B) by inserting ``and by the FISA Amendments
    Reauthorization Act of 2017'' after ``as amended by
    section 101(a)'' both places it appears.

    (c) <>  Effective Date of Amendments to
    FAA.--The amendments made to the FISA Amendments Act of 2008 (Public Law
    110-261) by this section shall take effect on December 31, 2017.
    SEC. 202. INCREASED PENALTY FOR UNAUTHORIZED REMOVAL AND RETENTION
    OF CLASSIFIED DOCUMENTS OR MATERIAL.

    Section 1924(a) of title 18, United States Code, is amended by
    striking ``one year'' and inserting ``five years''.
    SEC. 203. REPORT ON CHALLENGES TO THE EFFECTIVENESS OF FOREIGN
    INTELLIGENCE SURVEILLANCE.

    (a) <>  Report.--Not later than 270 days after
    the date of the enactment of this Act, the Attorney General, in
    coordination with the Director of National Intelligence, shall submit to
    the Committee on the Judiciary and the Permanent Select Committee on
    Intelligence of the House of Representatives and the Committee on the
    Judiciary and the Select Committee on Intelligence of the Senate

    [[Page 20]]

    a report on current and future challenges to the effectiveness of the
    foreign intelligence surveillance activities of the United States
    authorized under the Foreign Intelligence Surveillance Act of 1978 (50
    U.S.C. 1801 et seq.).

    (b) <>  Matters Included.--The report
    under subsection (a) shall include, at a minimum, the following:

    (1) A discussion of any trends that currently challenge the
    effectiveness of the foreign intelligence surveillance activities of the
    United States, or could foreseeably challenge such activities during the
    decade following the date of the report, including with respect to--
    (A) the extraordinary and surging volume of data
    occurring worldwide;
    (B) the use of encryption;
    (C) changes to worldwide telecommunications patterns
    or infrastructure;
    (D) technical obstacles in determining the location
    of data or persons;
    (E) the increasing complexity of the legal regime,
    including regarding requests for data in the custody of
    foreign governments;
    (F) the current and future ability of the United
    States to obtain, on a compulsory or voluntary basis,
    assistance from telecommunications providers or other
    entities; and
    (G) any other matters the Attorney General and the
    Director of National Intelligence determine appropriate.
    (2) Recommendations for changes, including, as appropriate,
    fundamental changes, to the foreign intelligence surveillance
    activities of the United States to address the challenges
    identified under paragraph (1) and to ensure the long-term
    effectiveness of such activities.
    (3) Recommendations for any changes to the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
    that the Attorney General and the Director of National
    Intelligence determine necessary to address the challenges
    identified under paragraph (1).

    (c) Form.--The report under subsection (a) may be submitted in
    classified or unclassified form.
    SEC. 204. COMPTROLLER GENERAL STUDY ON THE CLASSIFICATION SYSTEM
    AND PROTECTION OF CLASSIFIED INFORMATION.

    (a) Study.--The Comptroller General of the United States shall
    conduct a study of the classification system of the United States and
    the methods by which the intelligence community (as defined in section
    3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) protects
    classified information.
    (b) Matters Included.--The study under subsection (a) shall address
    the following:
    (1) Whether sensitive information is properly classified.
    (2) The effect of modern technology on the storage and
    protection of classified information, including with respect
    to--
    (A) using cloud storage for classified information;
    and
    (B) any technological means to prevent or detect
    unauthorized access to such information.
    (3) Any ways to improve the classification system of the
    United States, including with respect to changing the levels

    [[Page 21]]

    of classification used in such system and to reduce
    overclassification.
    (4) How to improve the authorized sharing of classified
    information, including with respect to sensitive compartmented
    information.
    (5) The value of polygraph tests in determining who is
    authorized to access classified information and in investigating
    unauthorized disclosures of classified information.
    (6) Whether each element of the intelligence community--
    (A) applies uniform standards in determining who is
    authorized to access classified information; and
    (B) provides proper training with respect to the
    handling of classified information and the avoidance of
    overclassification.

    (c) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Comptroller General shall submit to the Committee on
    the Judiciary and the Permanent Select Committee on Intelligence of the
    House of Representatives and the Committee on the Judiciary and the
    Select Committee on Intelligence of the Senate a report containing the
    study under subsection (a).
    (d) Form.--The report under subsection (c) shall be submitted in
    unclassified form, but may include a classified annex.
    SEC. 205. TECHNICAL AMENDMENTS AND AMENDMENTS TO IMPROVE
    PROCEDURES OF THE FOREIGN INTELLIGENCE
    SURVEILLANCE COURT OF REVIEW.

    (a) Technical Amendments.--The Foreign Intelligence Surveillance Act
    of 1978 (50 U.S.C. 1801 et seq.) is amended as follows:
    (1) In section 103(b) (50 U.S.C. 1803(b)), by striking
    ``designate as the'' and inserting ``designated as the''.
    (2) In section 302(a)(1)(A)(iii) (50 U.S.C.
    1822(a)(1)(A)(iii)), by striking ``paragraphs (1) through (4)''
    and inserting ``subparagraphs (A) through (D)''.
    (3) In section 406(b) (50 U.S.C. 1846(b)), by striking ``and
    to the Committees on the Judiciary of the House of
    Representatives and the Senate''.
    (4) In section 604(a) (50 U.S.C. 1874(a))--
    (A) in paragraph (1)(D), by striking ``contents''
    and inserting ``contents,''; and
    (B) in paragraph (3), by striking ``comply in the
    into'' and inserting ``comply into''.
    (5) In section 701 (50 U.S.C. 1881)--
    (A) in subsection (a), by striking ``The terms'' and
    inserting ``In this title, the terms''; and
    (B) in subsection (b)--
    (i) by inserting ``In this title:'' after the
    subsection heading; and
    (ii) in paragraph (5), by striking ``(50
    U.S.C. 401a(4))'' and inserting ``(50 U.S.C.
    3003(4))''.
    (6) In section 702(h)(2)(A)(i) (50 U.S.C.
    1881a(h)(2)(A)(i)), as redesignated by section 101, by inserting
    ``targeting'' before ``procedures in place''.
    (7) In section 801(7) (50 U.S.C. 1885(7)), by striking ``(50
    U.S.C. 401a(4))'' and inserting ``(50 U.S.C. 3003(4))''.

    [[Page 22]]

    (b) Court-related Amendments.--The Foreign Intelligence Surveillance
    Act of 1978 (50 U.S.C. 1801 et seq.) is further amended as follows:
    (1) In section 103 (50 U.S.C. 1803)--
    (A) in subsection (b), by striking ``immediately'';
    and
    (B) in subsection (h), by striking ``the court
    established under subsection (a)'' and inserting ``a
    court established under this section''.
    (2) In section 105(d) (50 U.S.C. 1805(d)), by adding at the
    end the following new paragraph:

    ``(4) A denial of the application made under section 104 may be
    reviewed as provided in section 103.''.
    (3) In section 302(d) (50 U.S.C. 1822(d)), by striking
    ``immediately''.
    (4) In section 402(d) (50 U.S.C. 1842(d)), by adding at the
    end the following new paragraph:

    ``(3) A denial of the application made under this subsection may be
    reviewed as provided in section 103.''.
    (5) In section 403(c) (50 U.S.C. 1843(c)), by adding at the
    end the following new paragraph:

    ``(3) A denial of the application made under subsection (a)(2) may
    be reviewed as provided in section 103.''.
    (6) In section 501(c) (50 U.S.C. 1861(c)), by adding at the
    end the following new paragraph:
    ``(4) A denial of the application made under this subsection
    may be reviewed as provided in section 103.''.
    SEC. 206. <>  SEVERABILITY.

    If any provision of this Act, any amendment made by this Act, or the
    application thereof to any person or circumstances is held invalid, the
    validity of the remainder of the Act, of any such amendments, and of the
    application of such provisions to other persons and circumstances shall
    not be affected thereby.

    Approved January 19, 2018.

    LEGISLATIVE HISTORY--S. 139 (H.R. 510):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-117 (Comm. on the Judiciary) accompanying H.R.
    510.
    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    May 16, considered and passed
    Senate.
    Vol. 164 (2018):
    Jan. 11, considered and passed
    House, amended. Considered in
    Senate.
    Jan. 16-18, Senate considered and
    concurred in House amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Jan. 19, Presidential statement.