[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2010 Reported in Senate (RS)]
<DOC>
Calendar No. 252
115th CONGRESS
1st Session
S. 2010
To extend the FISA Amendments Act of 2008 for 8 years, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25, 2017
Mr. Burr, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To extend the FISA Amendments Act of 2008 for 8 years, 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.
This Act may be cited as the ``FISA Amendments Reauthorization Act
of 2017''.
SEC. 2. EIGHT-YEAR EXTENSION OF FISA AMENDMENTS ACT OF 2008.
(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), by striking ``December 31, 2017'' and
inserting ``December 31, 2025''; and
(2) in paragraph (2) in the matter preceding subparagraph
(A), by striking ``December 31, 2017'' and inserting ``December
31, 2025''.
(b) Conforming Amendment.--The heading for section 404(b)(1) of the
FISA Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2476) is
amended by striking ``December 31, 2017'' and inserting ``December 31,
2025''.
SEC. 3. CONGRESSIONAL REVIEW AND OVERSIGHT OF ABOUTS COLLECTION.
(a) In General.--Section 702(b) of the Foreign Intelligence
Surveillance Act of 1978 (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 facility,
place, premises, or property at which an acquisition authorized
under subsection (a) is directed or conducted, except as
provided under subsection (m); and''.
(b) Congressional Review and Oversight of Communications of Abouts
Collection.--Section 702 of the Foreign Intelligence Surveillance Act
(50 U.S.C. 1881a) is amended by adding at the end the following:
``(m) Congressional Review and Oversight of Abouts Collection.--
``(1) Definitions.--In this subsection:
``(A) Abouts communication.--The term `abouts
communication' means a communication that contains
reference to, but is not to or from, a facility, a
place, premises, or property at which an acquisition
authorized under subsection (a) is directed or
conducted.
``(B) Material breach.--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.
``(C) Qualifying legislation.--The term `qualifying
legislation' means a bill of either House of Congress--
``(i) the title of which is as follows `A
bill to prohibit the acquisition of abouts
communications.'; and
``(ii) the matter after the enacting clause
of which is as follows: `Congress disapproves
the intentional acquisition under section 702
of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881a) of abouts communications
(as defined in subsection (m) of such section
702).'.
``(2) Submission to congress.--
``(A) Requirement.--Notwithstanding any other
provision of law, and except as provided in paragraph
(5), if the Attorney General and the Director of
National Intelligence intend to implement the
authorization of the intentional acquisition of abouts
communications, before the first such implementation
after the date of enactment of this subsection, 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 (5), unless the Attorney
General and the Director of National Intelligence make
a determination pursuant to subsection (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).
``(D) Effect of enactment of disapproval.--If
qualifying legislation is enacted during the 30-day
period described in subparagraph (B), the Attorney
General and the Director of National Intelligence may
not implement the authorization of the intentional
acquisition of abouts communications.
``(E) Effect of failure to enact disapproval.--If
qualifying legislation is not enacted during the 30-day
period described in subparagraph (B), after the end of
such period, the Attorney General and the Director of
National Intelligence may implement the authorization
of the intentional acquisition of abouts
communications.
``(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
subsection (g), 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 this title, 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 (5), a
statement that no acquisition authorized under
subsection (a) shall include the intentional
acquisition of an abouts communication until after the
end of the 30-day period described in paragraph (2)(B).
``(4) Expedited consideration of legislation.--
``(A) Introduction.--It shall be in order in the
Senate and the House of Representatives, not later than
30 days after the date on which written notice is
submitted under paragraph (2)(A), or notice of an
emergency authorization is provided under paragraph
(5), to introduce qualifying legislation, which shall
be entitled to expedited consideration under this
paragraph.
``(B) Consideration in the house of
representatives.--
``(i) Reporting and discharge.--Any
committee of the House of Representatives to
which qualifying legislation is referred shall
report it to the House of Representatives not
later than 10 legislative days after the date
of the referral.
``(ii) Proceeding to consideration.--On and
after the third legislative day after each
committee to which qualifying legislation has
been referred reports it to the House of
Representatives from its further consideration,
it shall be in order to move to proceed to
consider the qualifying legislation. The motion
to proceed to consideration of the qualifying
legislation shall not be debatable.
``(C) Consideration in the senate.--
``(i) Reporting and discharge.--Any
committee of the Senate to which qualifying
legislation is referred shall report it to the
Senate not later than 10 days in which the
Senate is in session after the date of the
referral.
``(ii) Proceeding to consideration.--
Notwithstanding rule XXII of the Standing Rules
of the Senate, it is in order at any time after
the committee to which qualifying legislation
is referred reports it to the Senate (even
though a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the qualifying legislation.
The motion to proceed to consideration of the
qualifying legislation shall not be debatable.
``(iii) Consideration.--
``(I) In general.--If the Senate
proceeds to the consideration of
qualifying legislation, consideration
of the qualifying legislation, and all
amendments, debatable motions, and
appeals in connection therewith, shall
be limited to not more than 10 hours,
which shall be divided equally between
the majority and minority leaders or
their designees.
``(II) Vote on passage.--The vote
on passage shall occur immediately
following the conclusion of the
consideration of the qualifying
legislation, and a single quorum call
at the conclusion of the debate if
requested in accordance with the rules
of the Senate.
``(III) Consideration of veto
messages.--Consideration in the Senate
of any veto message with respect to
qualifying legislation, including all
debatable messages and appeals in
connection therewith, shall be limited
to 10 hours, to be equally divided
between, and controlled by, the
majority leader and the minority leader
or their designees.
``(5) Exception for emergency acquisition.--
``(A) Notice of determination.--If the Attorney
General and the Director of National Intelligence make
a determination pursuant to subsection (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) and qualifying legislation has not been
enacted, 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
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.
``(6) Reporting of material breach.--The head of any agency
involved in the acquisition of abouts communications shall
fully and concurrently inform 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 of a material
breach.''.
SEC. 4. APPOINTMENT OF AMICI CURIAE BY FOREIGN INTELLIGENCE
SURVEILLANCE COURT.
(a) In General.--Section 103(i)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margin
accordingly;
(2) in the matter before clause (i), as redesignated by
paragraph (1), by striking ``A court established'' and
inserting the following:
``(A) In general.--A court established''; and
(3) by adding at the end the following:
``(B) Presumption in section 702 certifications.--
For purposes of subparagraph (A)(i), the first
certification under section 702(g) or amendment thereto
that authorizes the acquisition of communications that
contain a reference to, but are not to or from, a
facility, place, premises, or property at which an
acquisition authorized under section 702(a) is directed
or conducted, presents a novel or significant
interpretation of the law, unless the court determines
otherwise.''.
(b) Technical and Conforming Amendments.--Section 103(i) of such
Act (50 U.S.C. 1803(i)) is amended--
(1) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``paragraph (2)(A)'' and inserting ``paragraph
(2)(A)(i)''; and
(2) in paragraph (5), by striking ``paragraph (2)(A)'' and
inserting ``paragraph (2)(A)(i)''.
SEC. 5. AUTHORIZATION FOR FOREIGN INTELLIGENCE SURVEILLANCE COURT TO
COMPENSATE AMICI CURIAE AND TECHNICAL ADVISORS FOR
ASSISTANCE PROVIDED.
Section 103(i) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803(i)) is amended by adding at the end the following:
``(11) Compensation.--Notwithstanding any other provision
of law, a court established under subsection (a) or (b) may
compensate an amicus curiae appointed under paragraph (2) for
assistance provided under such paragraph as the court considers
appropriate and at such rate as the court considers
appropriate.''.
SEC. 6. MINIMIZATION AND DISCLOSURE PROVISIONS.
(a) End Use Restriction.--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) United states persons.--
``(A) In general.--Any communication to, from, or
which contains a reference to a United States person
acquired under section 702 shall not be used in
evidence against that United States person in any
criminal proceeding unless 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--
``(I) death;
``(II) kidnapping;
``(III) serious bodily injury, as
defined in section 1365 of title 18,
United States Code;
``(IV) 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);
``(V) incapacitation or destruction
of critical infrastructure, as defined
in section 1016(e) of the USA PATRIOT
Act (42 U.S.C. 5195c(e));
``(VI) 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;
``(VII) transnational crime,
including transnational narcotics
trafficking and transnational organized
crime; or
``(VIII) human trafficking.
``(B) No judicial review.--A determination by the
Attorney General under subparagraph (A) is not subject
to judicial review.''.
(b) Intelligence Community Disclosure Provision.--Section 603 of
the Foreign Intelligence Surveillance Act of 1978 (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) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B),
as so redesignated, the following:
``(A) the number of targets of such orders;'';
(iii) in subparagraph (B), as so
redesignated, by striking ``and'' at the end;
and
(iv) by adding at the end the following:
``(D) the number of instances in which the Federal
Bureau of Investigation has received and reviewed the
unminimized contents of electronic communications or
wire communications concerning a United States person
obtained through acquisitions authorized under such
section in response to a search term that was
reasonably designed to find evidence of a crime that
would not be considered foreign intelligence
information; and
``(E) the number of instances in which the Federal
Bureau of Investigation opened, under the Criminal
Investigative Division or any successor division, an
investigation of a United States person (who is not
considered a threat to national security) based wholly
or in part on an acquisition authorized under such
section;'';
(C) in paragraph (3)(A), by striking ``orders;
and'' and inserting the following: ``orders,
including--
``(i) the number of targets of such orders
who are known to not be United States persons;
and
``(ii) the number of targets of such orders
who are known to be United States persons;
and'';
(D) by redesignating paragraphs (4), (5), and (6)
as paragraphs (5), (6), and (7), respectively; and
(E) by inserting after paragraph (3) the following:
``(4) the number of criminal proceedings in which the
United States or a State or political subdivision thereof
provided notice pursuant to subsection (c) or (d) of section
106 (including with respect to information acquired from an
acquisition conducted under section 702) or subsection (d) or
(e) of section 305 of the intent of the government to enter
into evidence or otherwise use or disclose any information
obtained or derived from electronic surveillance, physical
search, or an acquisition conducted pursuant to this Act;'';
and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``(4), or (5)''
and inserting ``(5), or (6)'';
(B) in paragraph (2)(A), by striking ``(2)(A),
(2)(B), and (5)(C)'' and inserting ``(2)(B), (2)(C),
and (6)(C)''; 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. 7. QUERYING PROCEDURES REQUIRED.
(a) In General.--Section 702 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a), as amended by section 3, is
further amended--
(1) by redesignating subsections (f) through (m) as
subsections (g) through (n), respectively;
(2) by inserting after subsection (e) the following:
``(f) Querying Procedures.--
``(1) Procedures required.--
``(A) In general.--The Attorney General, in
consultation with the Director of National
Intelligence, shall adopt querying procedures for
queries of data collected pursuant to an authorization
under subsection (a).
``(B) Record of queries.--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 all queries using a known
United States person identifier.
``(2) Judicial review.--The querying procedures adopted in
accordance with paragraph (1) shall be subject to judicial
review pursuant to subsection (j).
``(3) Query defined.--In this subsection, the term `query'
means any instance in which data the Government has already
acquired is searched using a specific term or terms for the
purpose of discovering or retrieving unminimized content or
metadata.''.
(b) Conforming Amendments.--
(1) Amendments to section 702 of the foreign intelligence
surveillance act of 1978.--Such section is further amended--
(A) in subsection (a), by striking ``with
subsection (i)(3)'' and inserting ``with subsections
(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)'';
(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)''; and
(III) in subparagraph (C), by
striking ``targeting and minimization
procedures adopted in accordance with
subsections (d) and (e)'' and inserting
``targeting, minimization, and querying
procedures adopted in accordance with
subsections (d), (e), and (f)'';
(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) 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)''; 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)''; 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)''; 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)''; 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)''; and
(II) by striking ``with subsection
(f)'' and inserting ``with subsection
(g)''.
(2) Amendments to foreign intelligence surveillance act of
1978 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 ``under section
702(i)(4)'' and inserting ``under section
702(j)(4)'';
(B) in subsection (b)--
(i) in paragraph (3)--
(I) in subparagraph (A), by
striking ``in section 702(h)'' and
inserting ``in 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. 8. REVIEW OF QUERIES CONDUCTED BY FEDERAL BUREAU OF INVESTIGATION
OF ACQUISITIONS OBTAINED UNDER SECTION 702 OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) In General.--Section 702 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a), as amended by sections 3
and 7, is further amended by adding at the end the following:
``(o) Review of Queries Conducted by Federal Bureau of
Investigation.--
``(1) Submittal.--Not later than 1 business day after the
Director of the Federal Bureau of Investigation conducts a
query of acquisitions obtained under this section which the
Director finds to have been responsive and which returns
information that concerns a known United States person, the
Director of the Federal Bureau of Investigation shall submit to
the Foreign Intelligence Surveillance Court the query, the
responsive information, and a justification for executing the
query.
``(2) Review.--Not later than 2 business days after
receiving a submittal under paragraph (1), the Foreign
Intelligence Surveillance Court shall review the submittal for
consistency with the Fourth Amendment to the Constitution and
submit to the Director the findings of the Court with respect
to the review.
``(3) Prohibition on use of information responsive to
improper queries.--If the Foreign Intelligence Surveillance
Court determines under paragraph (2) that a submittal received
under paragraph (2) regarding information responsive to a query
is not consistent with the Fourth Amendment, such information
shall not be used in any court proceeding.
``(4) Annual report.--Not less frequently than once each
year, the Foreign Intelligence Surveillance Court shall submit
to the congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) a report on the reviews conducted by the Court under
paragraph (2) in the previous year. Such report shall include
the number of submittals received under such paragraph in such
year and the number that the Court determined were not
consistent with the Fourth Amendment to the Constitution.''.
(b) Rule of Construction.--Subsection (o) of such section, as added
by subsection (a), shall not be construed to require any action to
determine the nationality of an individual that would not have been
required to be carried out on the day before the date of the enactment
of this Act.
(c) Effective Date.--Subsection (o) of such section, as added by
subsection (a), shall take effect on the date that is 90 days after the
date of the enactment of this Act.
SEC. 9. SECTION 705 EMERGENCY PROVISION.
Section 705 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881d) is amended by adding at the end the following:
``(c) Emergency 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 the United States
person that is the target for the purpose of acquiring foreign
intelligence information while such United States person is reasonably
believed to be located outside the United States.
``(d) 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 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. 10. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD REFORM.
Section 552b(a)(1) of title 5, United States Code, is amended--
(1) by striking ``term `agency' means'' and inserting the
following: ``term `agency'--
``(A) means'';
(2) by inserting ``and'' after ``the agency;''; and
(3) by adding at the end the following:
``(B) does not include the Privacy and Civil
Liberties Oversight Board;''.
SEC. 11. FLEXIBILITY FOR PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD IN
STAFFING MATTERS.
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 new
paragraph:
``(2) Appointment in absence of chairman or absence of a
quorum.--If the position of chairman of the Board is vacant or
a quorum is absent, during the period of the vacancy or
vacancies, the Board, at the direction of the unanimous vote of
the remaining member or members of the Board, may exercise the
authority of the chairman under paragraph (1).''.
SEC. 12. INCREASED PENALTIES FOR UNAUTHORIZED REMOVAL AND RETENTION OF
CLASSIFIED DOCUMENTS OR MATERIAL.
Section 1924(a) of title 18, United States Code, is amended by
striking ``fined'' and all that follows through ``both'' and inserting
``fined under this title, imprisoned for not more than 10 years, or
both''.
Calendar No. 252
115th CONGRESS
1st Session
S. 2010
_______________________________________________________________________
A BILL
To extend the FISA Amendments Act of 2008 for 8 years, and for other
purposes.
_______________________________________________________________________
October 25, 2017
Read twice and placed on the calendar
