,,ii ,calendar ,no4 #bce #aacth ,,congress #ast ,session ,s4 #afca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ca1 #bjac,mrs4 ,feinstein1 from the ,select ,committee on ,intelligence1 reported the following original bill2 which was read twice and placed on the calendar ,a ,,bill ,to consolidate the congressional oversight provisions of the ,foreign ,intelligence ,surveillance ,act of #aigh and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,fisa ,improvements ,act of #bjac4 #b4 ,supplemental procedures for acquisition of certain business records for counterterrorism purposes 7a7 ,supplemental procedures for acquisition of certain business records for international terrorism investigations ,section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 is amended by adding at the end the following3 7i7 ,general prohibition on bulk collection of communication records ,no order issued pursuant to an application made under subsection 7a7 may authorize the acquisition in bulk of wire communication or electronic communication records from an entity that provides an electronic communication service to the public if such order does not name or otherwise identify either individuals or facilities1 unless such order complies with the supplemental procedures under subsection 7j74 7j7 ,authorization for bulk collection of non-content metadata 7#a7 ,supplemental procedures ,any order directed to the ,government under subsection 7a7 that authorizes the acquisition in bulk of wire communication or electronic communication records1 which shall not include the content of such communications1 shall be subject to supplemental procedures1 which are in addition to any other requirements or procedures imposed by this ,act1 as follows3 7,a7 ,content prohibition ,such an order shall not authorize the acquisition of the content of any communication4 7,b7 ,authorization and renewal periods ,such an order-- 7i7 shall be effective for a period of not more than #ij days2 and 7ii7 may be extended by the court on the same basis as an original order upon an application under this title for an extension and new findings by the court in accordance with subsection 7c74 7,c7 ,security procedures for acquired data ,information acquired pursuant to such an order 7other than information properly returned in response to a query under subparagraph 7,d77iii77 shall be retained by the ,government in accordance with security procedures approved by the court in a manner designed to ensure that only authorized personnel will have access to the information in the manner prescribed by this section and the court's order4 7,d7 ,limited access to data ,access to information retained in accordance with the procedures described in subparagraph 7,c7 shall be prohibited1 except for access-- 7i7 to perform a query using a selector for which a recorded determination has been made that there is a reasonable articulable suspicion that the selector is associated with international terrorism or activities in preparation therefor2 7ii7 to return information as authorized under paragraph 7#c72 or 7iii7 as may be necessary for technical assurance1 data management or compliance purposes1 or for the purpose of narrowing the results of queries1 in which case no information produced pursuant to the order may be accessed1 used1 or disclosed for any other purpose1 unless the information is responsive to a query authorized under paragraph 7#c74 7#b7 ,record requirement 7,a7 ,determination ,for any determination made pursuant to paragraph 7#a77;,d77i71 a record shall be retained of the selector1 the identity of the individual who made the determination1 the date and time of the determination1 and the information indicating that1 at the time of the determination1 there was a reasonable articulable suspicion that the selector was associated with international terrorism or activities in preparation therefor4 7,b7 ,query ,for any query performed pursuant to paragraph 7#a77;,d77i71 a record shall be retained of the identity of the individual who made the query1 the date and time of the query1 and the selector used to perform the query4 7#c7 ,scope of permissible query return information ,for any query performed pursuant to paragraph 7#a77;,d77i71 the query only may return information concerning communications-- 7,a7 to or from the selector used to perform the query2 7,b7 to or from a selector in communication with the selector used to perform the query2 or 7,c7 to or from any selector reasonably linked to the selector used to perform the query1 in accordance with the court approved minimization procedures required under subsection 7g74 7#d7 ,limits on personnel authorized to make determinations or perform queries ,a court order issued pursuant to an application made under subsection 7a71 and subject to the requirements of this subsection1 shall impose strict1 reasonable limits1 consistent with operational needs1 on the number of ,government personnel authorized to make a determination or perform a query pursuant to paragraph 7#a77;,d77i74 ,the ,director of ,national ,intelligence shall ensure that each such personnel receives comprehensive training on the applicable laws1 policies1 and procedures governing such determinations and queries prior to exercising such authority4 7#e7 ,automated reporting 7,a7 ,requirement for automated reporting ,the ,director of the ,national ,intelligence1 in consultation with the head of the agency responsible for acquisitions pursuant to orders subject to the requirements of this subsection1 shall establish a technical procedure whereby the aggregate number of queries performed pursuant to this subsection in the previous quarter shall be recorded automatically1 and subsequently reported to the appropriate committees of ,congress4 7,b7 ,availability upon request ,the information reported under subparagraph 7,a7 shall be available to each of the following upon request3 7i7 ,the ,inspector ,general of the ,national ,security ,agency4 7ii7 ,the ,inspector ,general of the ,intelligence ,community4 7iii7 ,the ,inspector ,general of the ,department ,justice4 7iv7 ,appropriate officials of the ,department of ,justice4 7v7 ,appropriate officials of the ,national ,security ,agency4 7vi7 ,the ,privacy and ,civil ,liberties ,oversight ,board4 7#f7 ,court review of records 7,a7 ,requirement to provide records ,in accordance with minimization procedures required by subsection 7g71 and subject to subparagraph 7,b71 a copy of each record for a determination prepared pursuant to paragraph 7#b77;,a7 shall be promptly provided to the court established under section #ajc7;a74 7,b7 ,records associated with ,united ,states persons ,in accordance with minimization procedures required by subsection 7g71 a copy of each record for a determination prepared pursuant to paragraph 7#b77;,a7 that is reasonably believed to be associated with a particular1 known ,united ,states person shall be promptly provided the court established under section #ajc7;a71 but no more than #g days after the determination4 7,c7 ,remedy for improper determinations ,if the court finds that the record of the determination indicates the determination did not meet the requirements of this section or is otherwise unlawful1 the court may order that production of records under the applicable order be terminated or modified1 that the information returned in response to queries using the selector identified in the determination be destroyed1 or another appropriate remedy4 7#g7 ,record retention and query restrictions 7,a7 ,record retention ,all records and information produced pursuant to an order subject to this subsection1 other than the results of queries as described in paragraph 7#c71 shall be retained no longer than #e years from the date of acquisition4 7,b7 ,query restrictions ,the ,government shall not query any data acquired under this subsection and retained in accordance with the procedures described in paragraph 7#a77;,c7 more than #c years after such data was acquired unless the ,attorney ,general determines that the query meets the standard set forth in paragraph 7#a77;,d77i74 7#h7 ,congressional oversight ,a copy of each order issued pursuant to an application made under subsection 7a71 and subject to the requirements of this subsection1 shall be provided to the appropriate committees of ,congress4 7#i7 ,definitions ,in this subsection3 7,a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate2 and 7ii7 the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7,b7 ,content ,the term content1 with respect to a communication-- 7i7 means any information concerning the substance1 purport1 or meaning of that communication2 and 7ii7 does not include any dialing1 routing1 addressing1 signaling information4 7,c7 ,electronic communication ,the term electronic communication has the meaning given that term in section #beaj of title #ah1 ,united ,states ,code4 7,d7 ,electronic communication service ,the term electronic communication service has the meaning given that term in section #beaj of title #ah1 ,united ,states ,code4 7,e7 ,selector ,the term selector means an identifier1 such as a phone number or electronic account identifier1 that is associated with a particular communicant or facility4 7,f7 ,united ,states person ,the term ,united ,states person has the meaning given that term in section #aja of this ,act4 7,g7 ,wire communication ,the term wire communication has the meaning given that term in section #beaj of title #ah1 ,united ,states ,code4 4 7b7 ,annual unclassified report ,section #ejb7;c77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfb7;c77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 for each order subject to the supplemental procedures under section #eja7;j7-- 7i7 the number of unique selectors for which a recorded determination has been made under section #eja7;j77#a77;,d77i7 that reasonable articulable suspicion exists that the selector is associated with international terrorism or activities in preparation therefor2 7ii7 the aggregate number of queries performed pursuant to such section2 7iii7 the aggregate number of investigative leads developed as a direct result of any query performed pursuant to subsection 7j77#a77;,d77i72 and 7iv7 the aggregate number of warrants or court orders1 based upon a showing of probable cause1 issued pursuant to title ,i or ,,iii of this ,act or chapter #aai1 #aba1 or #bje of title #ah1 ,united ,states ,code1 in response to applications for such warrants or court orders containing information produced by such queries4 4 #c4 ,enhanced criminal penalties for unauthorized access to collected data ,section #ajcj of title #ah1 ,united ,states ,code1 is amended as follows3 7#a7 ,subsection 7a7 is amended-- 7,a7 in paragraph 7#e77;,c71 by striking the period at the end and inserting a semicolon2 7,b7 in paragraph 7#g77;,c71 by adding or at the end2 and 7,c7 by inserting after paragraph 7#g77;,c7 the following3 7#h7 accesses a computer without authorization or exceeds authorized access and thereby obtains information from any department or agency of the ,united ,states knowing or having reason to know that such computer was operated by or on behalf of the ,united ,states and that such information was acquired by the ,united ,states pursuant to the ,foreign ,intelligence ,surveillance ,act 7#ej ,u4,s4,c4 #ahja et seq47 pursuant to an order issued by a court established under section #ajc of that ,act 7#ej ,u4,s4,c4 #ahjc74 4 7#b7 ,subsection 7c7 is amended-- 7,a7 in paragraph 7#d77;,g77ii71 by striking the period at the end and inserting a semicolon and or2 and 7,b7 by adding at the end the following3 7#e7 a fine under this title1 imprisonment for not more than #aj years1 or both1 in the case of an offense under subsection 7a77#h7 of this section4 4 #d4 ,appointment of amicus curiae ,section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following3 7i7 ,amicus curiae 7#a7 ,authorization ,notwithstanding any other provision of law1 a court established under subsection 7a7 or 7b7 is authorized1 consistent with the requirement of subsection 7c7 and any other statutory requirement that the court act expeditiously or within a stated time1 to appoint amicus curiae to assist the court in the consideration of a covered application4 7#b7 ,definitions ,in this subsection3 7,a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate2 and 7ii7 the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7,b7 ,covered application ,the term covered application means an application for an order or review made to a court established under subsection 7a7 or 7b7-- 7i7 that1 in the opinion of such a court1 presents a novel or significant interpretation of the law2 and 7ii7 that is-- 7,i7 an application for an order under this title1 title ,,iii1 ,,iv1 or ,v of this ,act1 or section #gjc or #gjd of this ,act2 7,,ii7 a review of a certification or procedures under section #gjb of this ,act2 or 7,,iii7 a notice of non-compliance with any such order1 certification1 or procedures4 7#c7 ,designation ,the courts established by subsection 7a7 and 7b7 shall each designate #a or more individuals who have been determined by appropriate executive branch officials to be eligible for access to classified national security information1 including sensitive compartmented information1 who may be appointed to serve as amicus curiae4 ,in appointing an amicus curiae pursuant to paragraph 7#a71 the court may choose from among those so designated4 7#d7 ,expertise ,an individual appointed as an amicus curiae under paragraph 7#a7 may be a special counsel or an expert on privacy and civil liberties1 intelligence collection1 telecommunications1 or any other area that may lend legal or technical expertise to the court4 7#e7 ,duties ,an amicus curiae appointed under paragraph 7#a7 to assist with the consideration of a covered application shall carry out the duties assigned by the appointing court4 ,that court may authorize1 to the extent consistent with the case or controversy requirements of ,article ,,iii of the ,constitution of the ,united ,states and the national security of the ,united ,states1 the amicus curiae to review any application1 certification1 petition1 motion1 or other submission that the court determines is relevant to the duties assigned by the court4 7#f7 ,notification ,a court established under subsection 7a7 or 7b7 shall notify the ,attorney ,general of each exercise of the authority to appoint an amicus curiae under paragraph 7#a74 7#g7 ,assistance ,a court established under subsection 7a7 or 7b7 may request and receive 7including on a non-reimbursable basis7 the assistance of the executive branch in the implementation of this subsection4 7#h7 ,administration ,a court established under subsection 7a7 or 7b7 may provide for the designation1 appointment1 removal1 training1 support1 or other administration of an amicus curiae appointed under paragraph 7#a7 in a manner that is not inconsistent with this subsection4 7#i7 ,congressional oversight ,the ,attorney ,general shall submit to the appropriate committees of ,congress an annual report on the number of notices described in paragraph 7#f7 received by ,attorney ,general for the preceding #ab-month period4 4 #e4 ,consolidation of congressional oversight provisions under the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,repeal of ,congressional oversight provisions 7#a7 ,repeal ,the ,foreign ,intelligence ,surveillance ,act of #aigh is amended by striking sections #ajg1 #ajh1 #cjf1 and #djf 7#ej ,u4,s4,c4 #ahjg1 #ahjh1 #ahbf1 and #ahdf74 7#b7 ,table of contents amendment ,the table of contents in the first section of the ,foreign ,intelligence ,surveillance ,act of #aigh is amended by striking the items relating to sections #ajg1 #ajh1 #cjf1 and #djf4 7b7 ,semiannual report of the ,attorney ,general ,section #fja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga7 is amended to read as follows3 #fja4 ,semiannual report of the ,attorney ,general 7a7 ,in general 7#a7 ,information ,on a semiannual basis1 the ,attorney ,general shall submit to the appropriate committees of ,congress a report pursuant to paragraph 7#b7 concerning all electronic surveillance1 physical searches1 and uses of pen registers and trap and trace devices conducted under this ,act4 7#b7 ,report ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,electronic ,surveillance ,the total number of-- 7i7 applications made for orders approving electronic surveillance under this ,act2 7ii7 such orders either granted1 modified1 or denied2 7iii7 proposed applications for orders for electronic surveillance submitted pursuant to ,rule #i7;a7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule1 that are not formally presented in the form of a final application under ,rule #i7;b7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule2 7iv7 named ,united ,states person targets of electronic surveillance2 7v7 emergency authorizations of electronic surveillance granted under this ,act and the total number of subsequent orders approving or denying such electronic surveillance2 and 7vi7 new compliance incidents arising from electronic surveillance under this ,act4 7,b7 ,physical searches ,the total number of-- 7i7 applications made for orders approving physical search under this ,act2 7ii7 such orders either granted1 modified1 or denied2 7iii7 proposed applications for orders for physical searches submitted pursuant to ,rule #i7;a7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule1 that are not formally presented in the form of a final application under ,rule #i7;b7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule2 7iv7 named ,united ,states person targets of physical searches2 7v7 emergency authorizations of physical searches granted under this ,act and the total number of subsequent orders approving or denying such physical searches2 and 7vi7 new compliance incidents arising from physical searches under this ,act4 7,c7 ,pen register and trap and trace devices ,the total number of-- 7i7 applications made for orders approving the use of pen registers or trap and trace devices under this ,act2 7ii7 such orders either granted1 modified1 or denied2 7iii7 proposed applications for orders for pen registers or trap and trace devices submitted pursuant to ,rule #i7;a7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule1 that are not formally presented in the form of a final application under ,rule #i7;b7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule2 7iv7 named ,united ,states person targets of pen registers or trap and trace devices2 7v7 emergency authorizations of the use of pen registers or trap and trace devices granted under this ,act and the total number of subsequent orders approving or denying such use of pen registers or trap and trace devices2 and 7vi7 new compliance incidents arising from the use of pen registers or trap and trace devices under this ,act4 7,d7 ,compliance incidents ,a summary of each compliance incident reported under subparagraphs 7,a77vi71 7,b77vi71 and 7,c77vi74 7,e7 ,significant legal interpretations ,a summary of significant legal interpretations of this ,act involving matters before the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review1 including interpretations presented in applications or pleadings filed with the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review4 7b7 ,submissions of significant decisions1 orders1 and opinions ,the ,attorney ,general shall submit to the appropriate committees of ,congress a copy of any decision1 order1 or opinion issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review that includes a significant construction or interpretation of any provision of this ,act1 and any pleadings1 applications1 or memoranda of law associated with such decision1 order1 or opinion1 not later than #de days after such decision1 order1 or opinion is issued4 7c7 ,protection of national security ,the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 may authorize redactions of materials described in subsection 7b7 that are provided to the appropriate committees of ,congress if such redactions are necessary to protect properly classified information4 7d7 ,availability to members of ,congress ,consistent with the rules and practices of the ,senate and the ,house of ,representatives1 each report submitted pursuant to subsection 7a77#b7 and each submission made pursuant to subsection 7b7 shall be made available to every member of ,congress1 subject to appropriate procedures for the storage and handling of classified information4 7e7 ,public report 7#a7 ,in general ,subject to paragraph 7#b71 the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 shall make available to the public an unclassified annual summary of the reports submitted under subsection 7a7 that1 to the maximum extent practicable consistent with the protection of classified information1 includes the information contained in the report submitted pursuant to subsection 7a77#b74 7#b7 ,minimum requirements ,in each report made available to the public under paragraph 7#a71 the ,attorney ,general shall include1 at a minimum1 the information required under subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7a77#b71 which may be presented as annual totals4 7f7 ,construction ,nothing in this title may be construed to limit the authority and responsibility of an appropriate committee of ,congress to obtain any information required by such committee to carry out its functions and duties4 7g7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,electronic surveillance ,the term electronic surveillance has the meaning given that term in section #aja of this ,act4 7#c7 ,foreign ,intelligence ,surveillance ,court ,the term ,foreign ,intelligence ,surveillance ,court means the court established under section #ajc7;a7 of this ,act4 7#d7 ,foreign ,intelligence ,surveillance ,court of ,review ,the term ,foreign ,intelligence ,surveillance ,court of ,review means the court established under section #ajc7;b7 of this ,act4 7#e7 ,pen register ,the term pen register has the meaning given that term in section #dja of this ,act4 7#f7 ,physical search ,the term physical search has the meaning given that term in section #cja of this ,act4 7#g7 ,trap and trace device ,the term trap and trace device has the meaning given that term in section #dja of this ,act4 7#h7 ,united ,states person ,the term ,united ,states person has the meaning given that term in section #aja of this ,act4 4 7c7 ,availability or reports and submissions 7#a7 ,in general ,title ,,vi of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga7 is amended by adding after section #fja the following3 #fjb4 ,availability of reports and submissions 7a7 ,availability to members of ,congress ,consistent with the rules and practices of the ,senate and the ,house of ,representatives1 each submission to ,congress made pursuant to section #ejb7;b71 #gjb7l77#a71 or #gjg shall be made available1 to every member of ,congress1 subject to appropriate procedures for the storage and handling of classified information4 7b7 ,public report ,the ,attorney ,general or the ,director of ,national ,intelligence1 as appropriate1 shall make available to the public unclassified reports that1 to the maximum extent practicable consistent with the protection of classified information1 include the information contained in each submission to ,congress made pursuant to section #ejb7;b71 #gjb7l77#a71 or #gjg4 4 7#b7 ,table of contents amendment ,the table of contents in the first section of the ,foreign ,intelligence ,surveillance ,act of #aigh is amended by inserting after the item relating to section #fja the following3 ,sec4 #fjb4 ,availability of reports and submissions4 4 #f4 ,restrictions on querying the contents of certain communications ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7 is amended by adding at the end the following3 7m7 ,queries 7#a7 ,limitation on query terms that identify a ,united ,states person ,a query of the contents of communications acquired under this section with a selector known to be used by a ,united ,states person may be conducted by personnel of elements of the ,intelligence ,community only if the purpose of the query is to obtain foreign intelligence information or information necessary to understand foreign intelligence information or to assess its importance4 7#b7 ,record 7,a7 ,in general ,for any query performed pursuant to paragraph 7#a7 a record shall be retained of the identity of the ,government personnel who performed the query1 the date and time of the query1 and the information indicating that the purpose of the query was to obtain foreign intelligence information or information necessary to understand foreign intelligence information or to assess its importance4 7,b7 ,availability ,each record prepared pursuant to subparagraph 7,a7 shall be made available to the ,department of ,justice1 the ,office of the ,director of ,national ,intelligence1 appropriate ,inspectors ,general1 the ,foreign ,intelligence ,surveillance ,court1 and the appropriate committees of ,congress4 7#c7 ,construction ,nothing in this subsection may be construed-- 7,a7 to prohibit access to data collected under this section as may be necessary for technical assurance1 data management or compliance purposes1 or for the purpose of narrowing the results of queries1 in which case no information produced pursuant to the order may be accessed1 used1 or disclosed other than for such purposes2 7,b7 to limit the authority of a law enforcement agency to conduct a query for law enforcement purposes of the contents of communications acquired under this section2 or 7,c7 to limit the authority of an agency to conduct a query for the purpose of preventing a threat to life or serious bodily harm to any person4 7#d7 ,definitions ,in this subsection3 7,a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7i7 the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate2 and 7ii7 the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives4 4 7,b7 ,content ,the term content1 with respect to a communication-- 7i7 means any information concerning the substance1 purport1 or meaning of that communication2 and 7ii7 does not include any dialing1 routing1 addressing1 or signaling information4 7,c7 ,selector ,the term selector means an identifier1 such as a phone number or electronic account identifier1 that is associated with a particular communicant or facility4 4 #g4 ,temporary targeting of persons other than ,united ,states persons traveling into the ,united ,states 7a7 ,in general ,section #aje of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje7 is amended-- 7#a7 by redesignating subsections 7f71 7g71 7h71 and 7i7 as subsections 7g71 7h71 7i71 and 7j71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 7#a7 ,notwithstanding any other provision of this ,act1 acquisition of foreign intelligence information by targeting a non-,united ,states person reasonably believed to be located outside the ,united ,states that was lawfully initiated by an element of the intelligence community may continue for a transitional period not to exceed #gb hours from the time when it is recognized that the non-,united ,states person is reasonably believed to be located inside the ,united ,states and that the acquisition is subject to this title or title ,,iii of this ,act1 provided that the head of the element determines that there exists an exigent circumstance and-- 7,a7 there is reason to believe that the target of the acquisition has communicated or received or will communicate or receive foreign intelligence information relevant to the exigent circumstance2 and 7,b7 it is determined that a request for emergency authorization from the ,attorney ,general in accordance with the terms of this ,act is impracticable in light of the exigent circumstance4 7#b7 ,the ,director of ,national ,intelligence or the head of an element of the intelligence community shall promptly notify the ,attorney ,general of the decision to exercise the authority under this section and shall request emergency authorization from the ,attorney ,general pursuant to this ,act as soon as practicable1 to the extent such request is warranted by the facts and circumstances4 7#c7 ,subject to subparagraph 7#d71 the authority under this section to continue acquisition of foreign intelligence information is limited to #gb hours4 ,however1 if the ,attorney ,general authorizes an emergency acquisition pursuant to this ,act1 then acquisition of foreign intelligence information may continue for the period of time that the ,attorney ,general's emergency authorization or any subsequent court order authorizing the acquisition remains in effect4 7#d7 ,the authority to acquire foreign intelligence information under this subsection shall terminate upon any of the following1 whichever occurs first-- 7,a7 #gb hours have elapsed since the commencement of the transitional period2 7,b7 the ,attorney ,general has directed that the acquisition be terminated2 or 7,c7 the exigent circumstance is no longer reasonably believed to exist4 7#e7 ,if the ,attorney ,general authorizes an emergency authorization during the transitional period1 the acquisition of foreign intelligence shall continue during any transition to1 and consistent with1 the ,attorney ,general emergency authorization or court order4 7#f7 ,any information of or concerning unconsenting ,united ,states persons acquired during the transitional period may only be disseminated during the transitional period if necessary to investigate1 prevent1 reduce1 or eliminate the exigent circumstance or if it indicates a threat of death or serious bodily harm to any person4 7#g7 ,in the event that during the transition period a request for an emergency authorization from the ,attorney ,general pursuant to this ,act for continued acquisition of foreign intelligence is not approved or an order from a court is not obtained to continue the acquisition1 information obtained during the transitional period shall not be retained1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7#h7 ,the ,attorney ,general shall assess compliance with the requirements of paragraph 7#g74 4 7b7 ,notification of emergency employment of electronic surveillance ,section #ajf7;j7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjf7;j77 is amended by striking section #aje7;e7 and inserting subsection 7e7 or 7f7 of section #aje4 #h4 ,confirmation of appointment of the ,director of the ,national ,security ,agency 7a7 ,director of the ,national ,security ,agency ,section #b of the ,national ,security ,agency ,act of #aiei 7#ej ,u4,s4,c4 #cfjb7 is amended-- 7#a7 by inserting 7b7 before ,there2 and 7#b7 by inserting before subsection 7b71 as so designated by paragraph 7#a71 the following3 7a7 7#a7 ,there is a ,director of the ,national ,security ,agency4 7#b7 ,the ,director of the ,national ,security ,agency shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#c7 ,the ,director of the ,national ,security ,agency shall be the head of the ,national ,security ,agency and shall discharge such functions and duties as are provided by this ,act or otherwise by law or executive order4 4 7b7 ,position of importance and responsibility ,the ,president may designate the ,director of the ,national ,security ,agency as a position of importance and responsibility under section #fja of title #aj1 ,united ,states ,code4 7c7 ,effective date and applicability 7#a7 ,in general ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply upon the earlier of-- 7,a7 the date of the nomination by the ,president of an individual to serve as the ,director of the ,national ,security ,agency1 except that the individual serving as such ,director as of the date of the enactment of this ,act may continue to perform such duties after such date of nomination and until the individual appointed as such ,director1 by and with the advice and consent of the ,senate1 assumes the duties of such ,director2 or 7,b7 the date of the cessation of the performance of the duties of such ,director by the individual performing such duties as of the date of the enactment of this ,act4 7#b7 ,positions of importance and responsibility ,subsection 7b7 shall take effect on the date of the enactment of this ,act4 #i4 ,presidential appointment and ,senate confirmation of the ,inspector ,general of the ,national ,security ,agency 7a7 ,in general ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #h;,g7a77#b71 by striking the ,national ,security ,agency12 and 7#b7 in section #ab-- 7,a7 in paragraph 7#a71 by striking or the ,federal ,cochairpersons of the ,commissions established under section #aecja of title #dj1 ,united ,states ,code and inserting the ,federal ,cochairpersons of the ,commissions established under section #aecja of title #dj1 ,united ,states ,code2 or the ,director of the ,national ,security ,agency2 and 7,b7 in paragraph 7#b71 by striking or the ,commissions established under section #aecja of title #dj1 ,united ,states ,code and inserting the ,commissions established under section #aecja of title #dj1 ,united ,states ,code1 or the ,national ,security ,agency4 7b7 ,effective date2 incumbent 7#a7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date on which the first ,director of the ,national ,security ,agency takes office on or after the date of the enactment of this ,act4 7#b7 ,incumbent ,the individual serving as ,inspector ,general of the ,national ,security ,agency on the date of the enactment of this ,act shall be eligible to be appointed by the ,president to a new term of service under section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 by and with the advice and consent of the ,senate4 #aj4 ,annual reports on violations of law or executive order 7a7 ,in general ,title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 is amended by adding at the end the following3 #eji4 ,annual report on violations of law or executive order 7a7 ,annual reports required ,not later than ,april #a of each year1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year4 7b7 ,elements ,each report required subsection 7a7 shall include a description of any violation of law or executive order 7including ,executive ,order ,no4 #abccc 7#ej ,u4,s4,c4 #cjja note77 by personnel of an element of the intelligence community in the course of such employment that1 during the previous calendar year1 was determined by the director1 head1 general counsel1 or inspector general of any element of the intelligence community to have occurred4 4 7b7 ,clerical amendment ,the table of sections in the first section of the ,national ,security ,act of #aidg is amended by adding after the section relating to section #ejh the following3 ,sec4 #eji4 ,annual report on violations of law or executive order4 4 #aa4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence 7a7 ,in general ,title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq471 as amended by section #aj1 is further amended by adding at the end the following3 #eaj4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence 7a7 ,head of an element of the intelligence community defined ,in this section1 the term head of an element of the intelligence community means1 as appropriate-- 7#a7 the head of an element of the intelligence community2 or 7#b7 the head of the department or agency containing such element4 7b7 ,review of procedures approved by the ,attorney ,general 7#a7 ,requirement for immediate review ,each head of an element of the intelligence community that has not obtained the approval of the ,attorney ,general for the procedures1 in their entirety1 required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note7 within #e years prior to the date of the enactment of the ,,fisa ,improvements ,act of #bjac1 shall initiate1 not later than #ahj days after such date of enactment1 a review of the procedures for such element1 in accordance with paragraph 7#c74 7#b7 ,requirement for review ,not less frequently than once every #e years1 each head of an element of the intelligence community shall conduct a review of the procedures approved by the ,attorney ,general for such element that are required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note71 or any successor order1 in accordance with paragraph 7#c74 7#c7 ,requirements for reviews ,in coordination with the ,director of ,national ,intelligence and the ,attorney ,general1 the head of an element of the intelligence community required to perform a review under paragraphs 7#a7 or 7#b7 shall-- 7,a7 review existing procedures for such element that are required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note71 or any successor order1 to assess whether-- 7i7 advances in communications or other technologies since the time the procedures were most recently approved by the ,attorney ,general have affected the privacy protections that the procedures afford to ,united ,states persons1 to include the protections afforded to ,united ,states persons whose nonpublic communications are incidentally acquired by an element of the intelligence community2 or 7ii7 aspects of the existing procedures impair the acquisition1 retention1 or dissemination of timely1 accurate1 and insightful information about the activities1 capabilities1 plans1 and intentions of foreign powers1 organization1 and persons1 and their agents2 and 7,b7 propose any modifications to existing procedures for such element in order to-- 7i7 clarify the guidance such procedures afford to officials responsible for the acquisition1 retention1 and dissemination of intelligence2 7ii7 eliminate unnecessary impediments to the acquisition1 retention1 and dissemination of intelligence2 or 7iii7 ensure appropriate protections for the privacy of ,united ,states persons and persons located inside the ,united ,states4 7#d7 ,notice ,the ,director of ,national ,intelligence and the ,attorney ,general shall notify the congressional intelligence committees following the completion of each review required under this section4 7#e7 ,requirement to provide procedures ,upon the implementation of any modifications to procedures required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note71 or any successor order1 the head of the element of the intelligence community to which the modified procedures apply shall promptly provide a copy of the modified procedures to the congressional intelligence committees4 4 7b7 ,clerical amendment ,the table of sections in the first section of the ,national ,security ,act of #aidg1 as amended by section #aj1 is further amended by adding after the section relating to section #eji the following3 ,sec4 #eaj4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence4 4 #ab4 ,privacy and ,civil ,liberties ,oversight ,board enhancements relating to the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,definitions ,in this section3 7#a7 ,appropriate official ,the term appropriate official means the appropriate official of an agency or department of the ,united ,states who is responsible for preparing or submitting a covered application4 7#b7 ,board ,the term ,board means the ,privacy and ,civil ,liberties ,oversight ,board established in section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee74 7#c7 ,covered application ,the term covered application means a submission to a ,,fisa ,court-- 7,a7 that-- 7i7 presents a novel or significant interpretation of the law2 and 7ii7 relates to efforts to protect the ,united ,states from terrorism2 and 7,b7 that is-- 7i7 a final application for an order under title ,i1 ,,iii1 ,,iv1 or ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 or section #gjc or #gjd of that ,act 7#ej ,u4,s4,c4 #ahha;b and #ahha;c72 7ii7 a review of a certification or procedure under section #gjb of that ,act 7#ej ,u4,s4,c4 #ahha;a72 or 7iii7 a notice of non-compliance with such an order1 certification1 or procedures4 7#d7 ,,fisa ,court ,the term ,,fisa ,court means a court established under subsection 7a7 or 7b7 of section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc74 7b7 ,notice of submissions and orders 7#a7 ,submission to ,,fisa ,court ,notwithstanding any provision of section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc71 if a covered application is filed with a ,,fisa ,court1 the appropriate official shall provide such covered application to the ,board not later than the date of such filing1 provided the provision of such covered application does not delay any filing with a ,,fisa ,court4 7#b7 ,,fisa ,court orders ,notwithstanding any provision of section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc71 the appropriate official shall provide to the ,board each order of a ,,fisa ,court related to a covered application4 7c7 ,discretionary assessment of the ,board 7#a7 ,notice of decision to conduct assessment ,upon receipt of a covered application under subsection 7b77#a71 the ,board shall-- 7,a7 elect whether to conduct the assessment described in paragraph 7#c72 and 7,b7 submit to the appropriate official a notice of the ,board's election under subparagraph 7,a74 7#b7 ,timely submission ,the ,board shall in a timely manner prepare and submit to the appropriate official-- 7,a7 the notice described in paragraph 7#a77;,b72 and 7,b7 the associated assessment1 if the ,board elects to conduct such an assessment4 7#c7 ,content ,an assessment of a covered application prepared by the ,board shall address whether the covered application is balanced with the need to protect privacy and civil liberties1 including adequate supervision and guidelines to ensure protection of privacy and civil liberties4 7d7 ,annual review ,the ,board shall conduct an annual review of the activities of the ,national ,security ,agency related to information collection under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7e7 ,provision of communications services and office space to certain members of ,privacy and ,civil ,liberties ,oversight ,board ,section #ajfa7;g7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7g77 is amended by adding at the end the following3 7#e7 ,provision of communications services and office space ,the ,director of ,national ,intelligence shall provide to each member of the ,board who resides more than #ajj miles from the ,district of ,columbia such communications services and office space as may be necessary for the member to access and use classified information4 ,such services and office space shall be located at an existing secure government or contractor facility located within the vicinity of such member's place of residence4 4 ,october #ca1 #bjac,read twice and placed on the calendar