Calendar No. 1151'1] CONGRESS IST SESSION S. [Report No. 115- To extend the FISA Amendments Act of 2003 fur is years, and for uthcr purposes IN TIIE SENATE OF THE UNITED STATES Mr Bum from the Sam Committee on renamed the mm" hm, which was read um and placed on um unleluhlr A BILL To extend the FISA Amendments Act of 2008 for 8 years, and for other purposes. 1 Be it enacted by [he Senate, and House (flapresmm-- 2 films n/"the Unite/1 States nf'Amerwu tn Cong/rem 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the Amundments 5 Act of 2 1 SEC. 2. EIGHT-YEAR EXTENSION OF FISA AMENDMENTS 2 ACT OF 2003. 3 403m) of the, FISA 4 Amendments Act of 2008 (Public Law 1107261, 122 Stat. 5 2474) is amended-- 6 (1) in paragraph (1), by striking "December 7 31, 2017" and inserting 31, 2025"; and 8 (2) in paragraph (2) in the matter preceding 9 suhparagraph (A), by striking "December 31, 2017" 10 and inserting "December 31, 2025". 11 heading for 12 Section 404(h)(1) 01' the FISA Amendments Act of 2008 13 (Pubhc Imw 1107261, 122 Stat. 2476) iS zimemied by 14 Stliking :11, 2017" mid inserting 15 I 16 SEC. 3. CONGRESSIONAL REVIEW AND OVERSIGHT OF 17 moms COLLECTION. la 15' 702(1)) uf the Foreign In- 19 Surveillance Act (if 1978 (50 USC. 1881301)) 20 is 21 (1) in paragraph (4), by striking "and'y at the 22 end; 23 (2) by redesignating paragraph (5) as pzlrur 24 graph and 25 (3) by inserting after paragraph (4) the 26 luwing: 3 1 may not intentionally acquire communica-- tions that contain a reference to, but are not to or from, a facility, place, premises, or pmpeity at which an acquis inn authorized under subsection is directed or conducted, except as provided under 2 3 4 5 6 subsection and'h 7 CONGRESSIONAL REVIEW 8 Coimi'mminms OF Anom's 9 702 of the Foreign Intelligence Surveillance Act, (50 0 1881a) is amended by adding at the end the fol- 11 luwing: 12 CONGRESSIONAL REVIEW AND OVERSIGHT 0F 13 l4 In this subsectionv 15 the term 'nlmuts cmnmunireition' 16 means a communication that contain reference 17 to, lint is not to or from, a facility, a place, 18 pmmi or property at, which an acquisition l9 authorized under subsection is directed or 20 conducted; 21 the term 'matei'ial breach' means sig- 22 nificant noncompliance with applicable law or 23 an order of the Foreign Intelligence Surveil- 24 lance Court cnncerning,r any acqui. ion of 25 nlmuts communications; and 4 the term 'qualifying legislation' 2 means a hill of either House of Congress# 3 the title of which is as follows 4 bill to prohibit the acquisition of abouts 5 communications}; and 6 the matter after the enacting 7 clause ot' which is as follows: '(7ongress dis- 8 approves the intentional acquisition under 9 section 702 of the Foreign Intolligenoe 10 Surveillance Act of 1978 (50 (1.8.0. 11 1881a) ot' abouts communications (as de- 12 fined in subsection of such section 13 [4 SUBMISSION TO CONGRESS. 15 (A) otwithstanding 16 any other provision of law, and as pro-- 17 vided in paragraph (5), if the Attorney General 18 and the Director of National Tntelligmve intend 19 to implement the authorizatiun of the intern 20 tional acquisition of aliouts communications, ber 21 fore the first such implementation after the 22 date of enactment of this subsection, the Attorr 23 my General and the Director of National Intel- 24 ligcnee shall submit to the Committee on the 25 Judiciary and the Select Cnmmittee on Intel- 5 1 ligence of the Senate and the Committee on the 2 Judiciary and the Permanent Select Committee 3 on Intelligence of the House of Representatives 4 a written notice of the intent to implement the 5 authorization of such an acquisition, and any 6 supporting materials in accordance with this 7 subsection. 8 CONGRESSIONAL REVIEW romeoi 9 Durim,y the 30-day period beginning on the date 10 written notice is submitted under subparogruph 11 (A), the Committee on the Judiciary and the 12 Select Committee on Intelligence ot' the Senate 13 and the Committee on the Judiciary and the 14 Permanent Select Committee on Intelligence of 15 the House of Representatives *hall, as appro- 16 hold hearings and briefings and other 17 wise ohtain information in order to fully review 18 the written notice. 19 LIMITATION ON ACTION DURING CON- 20 iREssIoN/tn REVIEW 21 standing any other provision of law, and subject 22 to paragraph (5), unless the Attorney General 23 and the Director of National Intelligence make 24 a determination pursuant to subsection 25 the Attorney General and the Director of New (i tionnl Intelligence may not implement the au- 2 thorization of the intentional autniisition of 3 abouts communications before the end of the 4 period described in subpnragraph (Bi 5 EFFECT OF ENACTMENT or DIS- 6 qualifying legislation is enacted 7 during the 30-day period described in suhpara- 8 graph (B), the Attorney General and the Dirvc 9 tor of National Intelligence may not implement 10 the authorization of the intentional acquisition ll of nhouts communications. 12 EFFECT or FAILURE TO ENACT DIS- 13 qualifying legislation is not on- 14 acted during the 30>>tlaty period described in IS (B), utter tho, and of such period, 16 the Attorney General and the Director ot' Na- 17 tional Intelligence may implement the author-- 18 ization of the intentional Requisition ot' nbouts 19 communications. 20 WRITTEN notice under 21 paragraph Shall include-- 22 a copy of any mrtification submitted 23 to the Foreign Intelligoum: Surveillance Court 24 pursuant to subsection or amendment 25 thereto, authorizing: the intentional acquisition 7 of ahouts communications, including all affida- 2 vits, procedures, exhibits, and attachments sub- 3 mitted therewith; 4 any decision, order, or opinion of the 5 Foreign Intelligence Surveillzincc Court con- 6 ceming such certification, and any plcadings, 7 applications, or ineinoranda of law associated 8 with such decision, order, or opinion; and 9 a summary of the protections in place 10 to detect any matem'al breach; 11 data or other rcsults of modeling, [2 simulation, or auditing of samplo data dem>> 13 that any acquisition method involvr 14 ing the intentional acquisition of abouts com- 15 municaticns shall be conducted in accordance 16 with this title, if such data or other results exist 17 at the time the written notice is submitted and 18 were provided to the Foreign Intelligeucc Sur- 19 veillance Conn; and 20 except as provided under paragraph 21 (5), a statement that no acquisition authorized 22 undur subsection shall include the inton- 23 tional acquisition of an abouts communication 24 until after the end of the 30-day period 25 scribed in paragraph 8 EXPEDITED 0F LEGISLA- 2 HUN.-- 3 shall be in order 4 in the Senate and the House of Representa- tives, not later than 30 days after the date on 6 which Written notice is submitted under para- 7 graph or notice of an emergency autlinr- 8 izatiuu is provided under paragraph (5), to in- 9 trodneu qualifying legislation, which shall be err 10 titled to expedited consideration under this ll pariigmph. 12 CONSIDERATION IN HOUSE 13 14 REPORTING AND 15 Any committee ut' the House of Represent 16 ativns to which qualifying legislation is re- 17 ferred shall report it to the House of Rep- 18 resuntatives not later than 10 legislative 19 days after the date of the referral, 20 "(i0 PROCEEDING TO CONSIDER 21 and after the third legislative 22 day after each committee to which qualir 23 tying legislation has been referred reports 24 it to the House of Representatives from its 25 further consideration, it shall be in order 9 to move to proceed to eonsider the quali- 2 fying legislation, The motion to proceed to 3 consideration of the qualilying legislation 4 shall not be 5 "(Cl CONSIDERATION THE 6 REPORTING AND DISCHARGE.-- 7 Any committee of the Senate to which 8 qualifying legislation is referred shall re- 9 port it to the Senate not later than 10 10 days on which the Senate is in session 11 after the (lute 01' the referral. 12 PROCEEDING 'm 13 mle XEGI of the 14 Standing Rules of the Senate, it is in Order 15 at any time after the committee to which 16 qualifying legislation is referred reports it 17 to the Senate (even though a previous mo~ 18 tion to the same effect has been disagreed 19 to) to move to to the consideration 20 of the qualifying legislation. The motion to 21 proceed to consideration of the qualifying 22 legislation shall not he debatable. 23 24 IN the Senate 25 proceeds to the consideration of quali>> 10 fying legislation, musiilm'ation of the 2 qual' 'ing legislntion, and all amendy 3 ments, debatable motions, and appeals 4 in therewith, shall be lim- 5 ited to not more than 10 hours, which 6 shall be divided equally between the 7 majority and minority leaders or their 8 (lesignees. 9 VOTE ox 10 vote on passage shall occur imme- ll rliately following the conclusion of the 12 consideration of the qualifying legisla- 13 (ion, and a single qumum call at the l4 conclusion of tho, ilobate if requested IS in imam-dance with the miles of the, 16 Senate. 17 "(111) CONSIDERATIOV 0F 18 MESSAOES.7Cunsidemtinn in the I9 Senate of any veto message with re- 20 spent to qualifying legislation, inclini- 21 ing all debatable messages and zip 22 peals in conneution therewith, shall be 23 limited L0 10 hours, to be equally di- 24 vided between, and controlled by, the 11 majority leader and the minority leadr 2 er or their (lesignees, 3 EXCEPTION FOR EMERGENCY ACQUISI- 4 "uni on the 6 Attorney General and the Director of National '7 Intelligence make it determination pursuant to 8 subsection with respect to the intentional 9 acquisition of abouts oornniunications, the At- 10 tomey General and the l)irootor of National In- shall notify the Committee on the Ju- 12 diciary and the Select Committee on Intel- l3 ligcnee of the Senate and the Committee on the 14 Judiciary and the Select Committee 15 on Intelligence of the House of Representatives 16 as soon as prartionblo, but not later than 7 l7 dew after the determination IS made. 18 "(Bj IMPLEMENTATION 0R (JUNTINU- l9 Arum,-- 20 IN GENEmirrlf the, Foreign Inr 21 tolligence Surveillance Court approves a 22 modification that authorizes the intentional 23 umuisition of abouts communications be- 24 t'oro tho end of the 30>>(lay period described 25 in paragraph and qualifying legisla- 12 1 tiun has not been enacted, the Attorney 2 General and the Director of National Intel, 3 ligenee may authorize the immediate imple- 4 mentation or continuation of that eertit'i- 5 cation if the Attorney General and the Di- 6 rector ot' National Intelligence jointly de- 7 termine that exigent circumstances exist 8 such that without such immediate impler 9 mentation or continuation intelligence imr 10 portant to the national security of the 11 United States may be lost or not timely ae- 12 quired. 13 Attorney General 14 and Director of National Intelligence shall 15 submit to the Committee on the Judiciary 16 and the Select Committee on Intelligence 17 of the Senate and the Committee on the 18 Judiciary and the Permanent Select Cem- 19 mittee on Intelligence 01' the House of Rep>> 20 resentatives notification of 51 determination 21 pursuant to clause as soon as pram 22 tieable, but not later than 3 days after the 23 determination is made' 24 REPORTING 01" MATERIAL 25 head of any agency involved in the aequi. ,ion of 13 abouts communications shall t'ully and concurrently inform the Committee on the Judiciary and the Se- Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Se- lect Committee on Intelligenec ot' the House of Rep-- 2 3 4 5 6 resentatives of a material breach". 7 SEC. 4. APPOINTMENT OF AMICUS CUMAE. IN 103(i)(2) of the Foreign 9 Intelligence Surveillance Act of 1978 (50 10 1803(i)(2)) is amendcdi 11 (1) by redesignating suhparagrephs (A) and 12 (B) as clauses and respectively, and adjust>> 13 ing the margin accordingly; 14 (2) by striking court established" and in- 15 sorting the following: 16 IN GENERAL.7A court established"; 17 and 18 (3) by adding at the end the following: 19 SECTION 7oz (YER- 20 purposes of snbparugmph 21 the first certification under section 22 702(g) or amendment thereto that authorizes 23 the acquisition of communications that mntain 24 a reference to, but are not to or from, a facility, 25 place, promises, or property at which an acqui- l4 1 sitinn authorized under section 702(a) is di>> 2 rented or condurtetl, presents a novel or signifi- 3 (cunt interpretation of the law, unless court 4 determines otherwise". 5 TECHNICAL AND AMENDMENTS7 6 Section 103(i) of the Foreign Intelligence Surveillance Act 7 ($1978 (fit) U.S.C. 1803(0) is amended-- 8 (1) in paragraph (4), in the matter preceding 9 subparagraph (A), hy striking "paragraph 10 and inserting "paragraph and 11 (2) in paragraph (5), hy striking "paragraph 12 and inserting "paragraph 13 SEC. 5. MINIMIZATION AND DISCLOSURE PROVISIONS. l4 (.1) END Usn 706(a) of the 15 Foreign Intelligence Surveillance Act of 1978 (50 USC. 16 1881e(a)) is amended-- 17 (1) by striking "Information acquired" and in- 18 serting the fullnwing: l9 IV GENERAL~Infurmutinn acquired"; and 20 (2) by adding at the end the following: 21 UNITED STATES 22 IN communication 23 to, from, or which (tuntnins a to a 24 United States person acquired under section 25 702 shall not hr, used in evidence against that 15 1 United States person in any criminal pro- 2 ceeding unless the Attomey General determines 3 thati 4 the criminal proceeding affects, 5 involves, or is related to the natinnal seen- 6 rity of the United Stat m- 7 the criminal in- 8 valves-- 9 death; 10 kidnapping; 1] "(111) serious bndily injtuy, as 12 defined in section 1365 of title 18, 13 United States (Jude; 14 vtmduct that constitutes a 15 criminal amuse that is a specified of- 16 fensc against a minor, as defined in 17 section 111 of the Adam W'Alsh Child 18 Protectinn and Safety Act of 2006 [9 (34113020911); 20 incapacitation or destruc- 21 tiun of critical infrastructure, 115 day 22 fined in section 1016 of the USA 1'1 - 23 TRIOT Act (42 USC. 5195c); 24 including 25 conduct described in section 1016(e) -- 16 of the USA PATRIOT Act (42 5195c(e)) or section 1029, 1030, or 2511 of title 18, United States Code; transnational crime, in- cluding transnational narcotics traf- ficking and transnational organized Prime; or human trafficking "(Bl Nu JUDICIAL determina- tion by the Attorney General under subpm'a-- graph (A) is not to judieial review". 5 INTELLIGENCE COMMUNITY DISCLOSURE 603 of the Foreign Intelligence Surveil- 14 lance Actnf1978 (50 {1.50 1873) is amended-- 15 (1) in subsection (Mi 16 (A) in paragraph (1), by striking "good 17 faith estimate of the number of targets 01' such 13 orders;" and inserting the following: "good faith 19 estimate off 20 the numher of targets of such orders; 21 the number of targets of such orders 22 who are known to not be United States persons; 23 and 24 the number 01' targets of such orders 25 who are known to be United States pnrsons;"; 7 (B) in paragraph 2 by redesignatingr, suhparagraphs 3 (A) and (B) as snbparagraphs (B) and 4 respectively; 5 (ii) by inserting before snbparagmph 6 us so rmlesignated, the following: 7 the number of targets of such or- ders;"; 9 in (B), as so mules>> 10 ignatnd, by striking "am at the end; and 11 (iv) hy adding at the end the fol- 12 lowing: 13 the number of in which the 14 Federal Bureau of Investigation has received 15 and reviewed the nnminimized contents of elec- 16 tronic communiontions or wire communications 17 concerning a United States person obtained 18 through acquisitions authorized under sin-h sea- 19 tiun in response to a search term that was rea- 20 50miny designed to find evidence of a crimn 21 that would not he considered foreign intel- 22 ligence information; and 23 the numher of instances in which the 24 Federal Bureau of Inves 'gntinn opened. under 25 the Criminal Investigativu Division or any sno>> 18 1 cessor division, an investigation of a United 2 States person (who is not considered a threat to 3 national security) based wholly or in part on an 4 acquisition authorized under such section;"; 5 (C) in paragraph by striking "or- 6 ders; and" and inserting the following: "orders, 7 includingi 8 the number of targets of such or- 9 ders who are known to not be United 10 States persons; and 11 the number of tnr'mets of Such or- 12 ders who are, known to he United States 13 persons; and"; 14 (D) by redesignating paragraphs (4), (5), 15 and (6) as paragraphs (5), and (7), respec>> 16 tively; and 17 (E) by inserting after paragraph (3) tho 18 following: 19 the number of criminal proceedings in 20 which the United States or a State or political sub- 21 division thereof provided notice pursuant to sub- 22 section or of section 106 (including with re- 23 spect to information acquirer] from on acquisition 24 conducted under section 702) or subsection or 25 of section 305 of the int/Cut of the government 19 1 to enter into evidence or otherWise use or disclose 2 any information obtained or derived from electronic 3 surveillance, physical Search, or an acquisition can>> 4 ducted pursuant to this Act;"; and 5 (2) in subsection 6 (A) in paragraph (1), by striking 0r 7 and inserting 0r 8 (B) in paragraph by strikng 9 and and inserting 10 and and 11 (C) in paragraph in the, matter 12 preceding clause by strikingr "subsection 13 and inserting "subsection 14 15 SEC. 6. SECTION 705 EMERGENCY PROVISION. 16 Section 705 of the Foreign Intelligence Surveillance 17 Act of 1978 (50 U.S.C. 1881(1) is amended by adding at 18 the end the following: 19 EMERGENCY the Attorney 20 General authorized the emergency employment of elec- 21 tronic surveillance or a physical Search pursuant to section 22 105 or 304, the Attorney General may authorize, for the 23 effective period of the emergency authorization and subse- 24 queut order pursuant to section 105 or 304, without a 25 separate order under section 703 or 704, the targeting of 20 the United States person that is the target for the purpose of acquiring foreign intelligence while suuh United States persnn is reasonath believed to be located outside the nimd States. "(in USE an application sub- mitted to the Court pursuant tn seetion 104 or 303 is de>> niedf or in any other case in which the acquisition is termi- nated and no order with respect to the target of the acqui-- sitinn is issued .rvtion 105 or 304, all int'ermation cowummaww obtained or evidence derived from such acquisition shall be handled in accordance with section 5 SEC PRIVACY AND CIVIL OVERSIGHT BOARD REFORM. 3 Section 552h(n)(1) of title United States Code, is u. amendedi by Striking: "term 'agency' means" and in- 17 sorting the following: "term 'ngency'i 18 means"; 19 (2) by inserting "and" after "the agenuyf'; and 20 (3) by adding at the end the following, 21 dues not include the Privacy and Civil 22 Liberties Oversight Boiird;".