,,ii #aaeth ,,congress #ast ,session ,s4 #aiig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bd1 #bjag ,mr4 ,wyden 7for himself1 ,mr4 ,paul1 ,mr4 ,udall1 ,ms4 ,baldwin1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,mr4 ,merkley1 ,mr4 ,markey1 ,mr4 ,sanders1 ,ms4 ,warren1 ,mr4 ,tester1 ,mr4 ,heller1 ,mr4 ,lee1 and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,foreign ,intelligence ,surveillance ,act of #aigh to protect privacy rights1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,uniting and ,strengthening ,america by ,reforming and ,improving the ,government's ,high-,tech ,surveillance ,act of #bjag or the ,,usa ,,rights ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,clarification on prohibition on querying of collections of communications to conduct warrantless queries for the communications of ,united ,states persons and persons inside the ,united ,states4 ,sec4 #c4 ,prohibition on reverse targeting under certain authorities of the ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #d4 ,prohibition on acquisition1 pursuant to certain ,,fisa authorities to target certain persons outside the ,united ,states1 of communications that do not include persons targeted under such authorities4 ,sec4 #e4 ,prohibition on acquisition of entirely domestic communications under authorities to target certain persons outside the ,united ,states4 ,sec4 #f4 ,limitation on use of information obtained under certain authority of ,foreign ,intelligence ,surveillance ,act of #aigh relating to ,united ,states persons4 ,sec4 #g4 ,reforms of the ,privacy and ,civil ,liberties ,oversight ,board4 ,sec4 #h4 ,improved role in oversight of electronic surveillance by amici curiae appointed by courts under ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #i4 ,reforms to the ,foreign ,intelligence ,surveillance ,court4 ,sec4 #aj4 ,study and report on diversity and representation on the ,,fisa ,court and the ,,fisa ,court of ,review4 ,sec4 #aa4 ,grounds for determining injury in fact in civil action relating to surveillance under certain provisions of ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #ab4 ,clarification of applicability of requirement to declassify significant decisions of ,foreign ,intelligence ,surveillance ,court and ,foreign ,intelligence ,surveillance ,court of ,review4 ,sec4 #ac4 ,clarification regarding treatment of information acquired under ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #ad4 ,limitation on technical assistance from electronic communication service providers under the ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #ae4 ,modification of authorities for public reporting by persons subject to nondisclosure requirement accompanying order under ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #af4 ,annual publication of statistics on number of persons targeted outside the ,united ,states under certain ,foreign ,intelligence ,surveillance ,act of #aigh authority4 ,sec4 #ag4 ,repeal of nonapplicability to ,federal ,bureau of ,investigation of certain reporting requirements under ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #ah4 ,publication of estimates regarding communications collected under certain provision of ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #ai4 ,four-year extension of ,,fisa ,amendments ,act of #bjjh4 #b4 ,clarification on prohibition on querying of collections of communications to conduct warrantless queries for the communications of ,united ,states persons and persons inside the ,united ,states ,section #gjb7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7b77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and indenting such subparagraphs1 as so redesignated1 an additional two ems from the left margin2 7#b7 by striking ,an acquisition and inserting the following3 7#a7 ,in general ,an acquisition 2 and 7#c7 by adding at the end the following3 7#b7 ,clarification on prohibition on querying of collections of communications of ,united ,states persons and persons inside the ,united ,states 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 no officer or employee of the ,united ,states may conduct a query of information acquired under this section in an effort to find communications of or about a particular ,united ,states person or a person inside the ,united ,states4 7,b7 ,concurrent authorization and exception for emergency situations ,subparagraph 7,a7 shall not apply to a query for communications related to a particular ,united ,states person or person inside the ,united ,states if-- 7i7 such ,united ,states person or person inside the ,united ,states is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section #aje1 #cjd1 #gjc1 #gjd1 or #gje of this ,act1 or under title #ah1 ,united ,states ,code1 for the effective period of that order2 7ii7 the entity carrying out the query has a reasonable belief that the life or safety of such ,united ,states person or person inside the ,united ,states is threatened and the information is sought for the purpose of assisting that person2 7iii7 such ,united ,states person or person in the ,united ,states is a corporation2 or 7iv7 such ,united ,states person or person inside the ,united ,states has consented to the query4 7,c7 ,queries of federated data sets and mixed data ,if an officer or employee of the ,united ,states conducts a query of a data set1 or of federated data sets1 that includes any information acquired under this section1 the system shall be configured not to return such information unless the officer or employee enters a code or other information indicating that-- 7i7 the person associated with the search term is not a ,united ,states person or person inside the ,united ,states2 or 7ii7 if the person associated with the search term is a ,united ,states person or person inside the ,united ,states1 one or more of the conditions of subparagraph 7,b7 are satisfied4 7,d7 ,matters relating to emergency queries 7i7 ,treatment of denials ,in the event that a query for communications related to a particular ,united ,states person or a person inside the ,united ,states is conducted pursuant to an emergency authorization authorizing electronic surveillance or a physical search described in subsection 7,b77i7 and the application for such emergency authorization is denied1 or in any other case in which the query has been conducted and no order is issued approving the query-- 7,i7 no information obtained or evidence derived from such query may be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof2 and 7,,ii7 no information concerning any ,united ,states person acquired from such query may subsequently be used or disclosed in any other manner by ,federal officers or employees without the consent of such person1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7ii7 ,assessment of compliance ,the ,attorney ,general shall assess compliance with the requirements under clause 7i74 4 #c4 ,prohibition on reverse targeting under certain authorities of the ,foreign ,intelligence ,surveillance ,act of #aigh ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a71 as amended by section #b1 is further amended-- 7#a7 in subsection 7b77#a77;,b71 as redesignated by section #b1 by striking the purpose of such acquisition is to target and inserting a significant purpose of such acquisition is to acquire the communications of2 7#b7 in subsection 7d77#a77;,a7-- 7,a7 by striking ensure that and inserting the following3 ensure-- 7i7 that 2 and 7,b7 by adding at the end the following3 7ii7 that an application is filed under title ,i1 if otherwise required1 when a significant purpose of an acquisition authorized under subsection 7a7 is to acquire the communications of a particular1 known person reasonably believed to be located in the ,united ,states2 and 2 7#c7 in subsection 7g77#b77;,a77i77,i7-- 7,a7 by striking ensure that and inserting the following3 ensure-- 7aa7 that 2 and 7,b7 by adding at the end the following3 7bb7 that an application is filed under title ,i1 if otherwise required1 when a significant purpose of an acquisition authorized under subsection 7a7 is to acquire the communications of a particular1 known person reasonably believed to be located in the ,united ,states2 and 2 and 7#d7 in subsection 7i77#b77;,b77i7-- 7,a7 by striking ensure that and inserting the following3 ensure-- 7,i7 that 2 and 7,b7 by adding at the end the following3 7,,ii7 that an application is filed under title ,i1 if otherwise required1 when a significant purpose of an acquisition authorized under subsection 7a7 is to acquire the communications of a particular1 known person reasonably believed to be located in the ,united ,states2 and 4 #d4 ,prohibition on acquisition1 pursuant to certain ,,fisa authorities to target certain persons outside the ,united ,states1 of communications that do not include persons targeted under such authorities ,section #gjb7;b77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as redesignated by section #b1 is amended-- 7#a7 in subparagraph 7,d71 as redesignated by section #b1 by striking 2 and and inserting a semicolon2 7#b7 by redesignating subparagraph 7,e7 as subparagraph 7,g72 and 7#c7 by inserting after subparagraph 7,d7 the following3 7,e7 may not acquire a communication as to which no participant is a person who is targeted pursuant to the authorized acquisition2 4 #e4 ,prohibition on acquisition of entirely domestic communications under authorities to target certain persons outside the ,united ,states ,section #gjb7;b77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as redesignated by section #b and amended by section #d1 is further amended by inserting after subparagraph 7,e71 as added by section #d1 the following3 7,f7 may not acquire communications known to be entirely domestic2 and 4 #f4 ,limitation on use of information obtained under certain authority of ,foreign ,intelligence ,surveillance ,act of #aigh relating to ,united ,states persons ,section #gjf7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;e7a77 is amended-- 7#a7 by striking ,information acquired and inserting the following3 7#a7 ,in general ,information acquired 2 and 7#b7 by adding at the end the following3 7#b7 ,limitation on use in criminal1 civil1 and administrative proceedings and investigations ,no communication to or from1 or information about1 a person acquired under section #gjb who is either a ,united ,states person or is located in the ,united ,states may be introduced as evidence against the person in any criminal1 civil1 or administrative proceeding or used as part of any criminal1 civil1 or administrative investigation1 except-- 7,a7 with the prior approval of the ,attorney ,general2 and 7,b7 in a proceeding or investigation in which the information is directly related to and necessary to address a specific threat of-- 7i7 terrorism 7as defined in clauses 7i7 through 7iii7 of section #bccb7;g77#e77;,b7 of title #ah1 ,united ,states ,code72 7ii7 espionage 7as used in chapter #cg of title #ah1 ,united ,states ,code72 7iii7 proliferation or use of a weapon of mass destruction 7as defined in section #bccb;a7c7 of title #ah1 ,united ,states ,code72 7iv7 a cybersecurity threat from a foreign country2 7v7 incapacitation or destruction of critical infrastructure 7as defined in section #ajaf7;e7 of the ,uniting and ,strengthening ,america by ,providing ,appropriate ,tools ,required to ,intercept and ,obstruct ,terrorism 7,,usa ,,patriot ,,act7 ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e7772 or 7vi7 a threat to the armed forces of the ,united ,states or an ally of the ,united ,states or to other personnel of the ,united ,states ,government or a government of an ally of the ,united ,states4 4 #g4 ,reforms of the ,privacy and ,civil ,liberties ,oversight ,board 7a7 ,inclusion of foreign intelligence activities in oversight authority of the ,privacy and ,civil ,liberties ,oversight ,board ,section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7 is amended-- 7#a7 in subsection 7c71 by inserting and to conduct foreign intelligence activities after terrorism each place such term appears2 and 7#b7 in subsection 7d71 and to conduct foreign intelligence activities after terrorism each place such term appears4 7b7 ,submission of whistleblower complaints to the ,privacy and ,civil ,liberties ,oversight ,board 7#a7 ,in general ,section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee71 as amended by subsection 7a71 is further amended-- 7,a7 in subsection 7d71 by adding at the end the following3 7#e7 ,whistleblower complaints 7,a7 ,submission to ,board ,an employee of1 or contractor or detailee to1 an element of the intelligence community may submit to the ,board a complaint or information that such employee1 contractor1 or detailee believes relates to a privacy or civil liberties concern4 ,the confidentiality provisions under section #bdji7;b77#c7 of title #aj1 ,united ,states ,code1 shall apply to a submission under this subparagraph4 ,any disclosure under this subparagraph shall be protected against discrimination under the procedures1 burdens of proof1 and remedies set forth in section #bdji of such title4 7,b7 ,authority of ,board ,the ,board may take such action as the ,board considers appropriate with respect to investigating a complaint or information submitted under subparagraph 7,a7 or transmitting such complaint or information to any other ,executive agency or the congressional intelligence committees4 7,c7 ,relationship to existing laws ,the authority under subparagraph 7,a7 of an employee1 contractor1 or detailee to submit to the ,board a complaint or information shall be in addition to any other authority under another provision of law to submit a complaint or information4 ,any action taken under any other provision of law by the recipient of a complaint or information shall not preclude the ,board from taking action relating to the same complaint or information4 7,d7 ,relationship to actions taken under other laws ,nothing in this paragraph shall prevent-- 7i7 any individual from submitting a complaint or information to any authorized recipient of the complaint or information2 or 7ii7 the recipient of a complaint or information from taking independent action on the complaint or information4 2 and 7,b7 by adding at the end the following3 7n7 ,definitions ,in this section1 the terms congressional intelligence committees and intelligence community have the meanings given such terms in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 4 7#b7 ,prohibited personnel practices ,section #bcjb7;b77#h77;,b7 of title #e1 ,united ,states ,code1 is amended1 in the matter preceding clause 7i71 by striking or to the ,inspector of an agency or another employee designated by the head of the agency to receive such disclosures and inserting the ,inspector ,general of an agency1 a supervisor in the employee's direct chain of command 7up to and including the head of the employing agency71 the ,privacy and ,civil ,liberties ,oversight ,board1 or an employee designated by any of the aforementioned individuals for the purpose of receiving such disclosures4 7c7 ,privacy and ,civil ,liberties ,oversight ,board subpoena power ,section #ajfa7;g7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7g77 is amended-- 7#a7 in paragraph 7#a77;,d71 by striking submit a written request to the ,attorney ,general of the ,united ,states that the ,attorney ,general2 7#b7 by striking paragraph 7#b72 and 7#c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively4 7d7 ,appointment of staff of the ,privacy and ,civil ,liberties ,oversight ,board ,section #ajfa7;j7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7j77 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,appointment in absence of chairman ,if the position of chairman of the ,board is vacant1 during the period of the vacancy the ,board1 at the direction of the majority of the members of the ,board1 may exercise the authority of the chairman under paragraph 7#a74 4 7e7 ,tenure and compensation of ,privacy and ,civil ,liberties ,oversight ,board members and staff 7#a7 ,in general ,section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee71 as amended by subsections 7a7 and 7b71 is further amended-- 7,a7 in subsection 7h7-- 7i7 in paragraph 7#a71 by inserting full-time after #d additional2 and 7ii7 in paragraph 7#d77;,b71 by striking 1 except that and all that follows through the end and inserting a period2 7,b7 in subsection 7i77#a7-- 7i7 in subparagraph 7,a71 by striking level ,,iii of the ,executive ,schedule under section #ecad and inserting level ,,ii of the ,executive ,schedule under section #ecac2 and 7ii7 in subparagraph 7,b71 by striking level ,,iv of the ,executive ,schedule and all that follows through the end and inserting level ,,iii of the ,executive ,schedule under section #ecad of title #e1 ,united ,states ,code42 and 7,c7 in subsection 7j77#a71 by striking level ,v of the ,executive ,schedule under section #ecaf and inserting level ,,iv of the ,executive ,schedule under section #ecae4 7#b7 ,effective date2 applicability 7,a7 ,in general ,the amendments made by paragraph 7#a7-- 7i7 shall take effect on the date of the enactment of this ,act2 and 7ii7 except as provided in paragraph 7#b71 shall apply to any appointment to a position as a member of the ,privacy and ,civil ,liberties ,oversight ,board made on or after the date of the enactment of this ,act4 7,b7 ,exceptions 7i7 ,compensation changes ,the amendments made by subparagraphs 7,b77i7 and 7,c7 of paragraph 7#a7 shall take effect on the first day of the first pay period beginning after the date of the enactment of this ,act4 7ii7 ,election to serve full time by incumbents 7,i7 ,in general ,an individual serving as a member of the ,privacy and ,civil ,liberties ,oversight ,board on the date of the enactment of this ,act1 including a member continuing to serve as a member under section #ajfa7;h77#d77;,b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7h77#d77;,b771 7referred to in this clause as a current member7 may make an election to-- 7aa7 serve as a member of the ,privacy and ,civil ,liberties ,oversight ,board on a full-time basis and in accordance with section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee71 as amended by this section2 or 7bb7 serve as a member of the ,privacy and ,civil ,liberties ,oversight ,board on a part-time basis in accordance with such section #ajfa1 as in effect on the day before the date of the enactment of this ,act1 including the limitation on service after the expiration of the term of the member under subsection 7h77#d77;,b7 of such section1 as in effect on the day before the date of the enactment of this ,act4 7,,ii7 ,election to serve full time ,a current member making an election under subclause 7,i77aa7 shall begin serving as a member of the ,privacy and ,civil ,liberties ,oversight ,board on a full-time basis on the first day of the first pay period beginning not less than #fj days after the date on which the current member makes such election4 7f7 ,provision of information about government activities under the ,foreign ,intelligence ,surveillance ,act of #aigh to the ,privacy and ,civil ,liberties ,oversight ,board ,the ,attorney ,general shall fully inform the ,privacy and ,civil ,liberties ,oversight ,board about any activities carried out by the ,government under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 including by providing to the ,board-- 7#a7 copies of each detailed report submitted to a committee of ,congress under such ,act2 and 7#b7 copies of each decision1 order1 and opinion of the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review required to be included in the report under section #fja7;a7 of such ,act 7#ej ,u4,s4,c4 #ahga7;a774 #h4 ,improved role in oversight of electronic surveillance by amici curiae appointed by courts under ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,role of amici curiae generally 7#a7 ,in general ,section #ajc7;i77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77#a77 is amended by adding at the end the following3 ,any amicus curiae designated pursuant to this paragraph may raise any issue with the ,court at any time44 7#b7 ,referral of cases for review ,section #ajc7;i7 of such ,act is amended-- 7,a7 by redesignating paragraphs 7#e7 through 7#aj7 as paragraphs 7#f7 through 7#aa71 respectively2 and 7,b7 by inserting after paragraph 7#d7 the following3 7#e7 ,referral for review 7,a7 ,referral to ,foreign ,intelligence ,surveillance ,court en banc ,if the court established under subsection 7a7 appoints an amicus curiae under paragraph 7#b77;,a7 to assist the ,court in the consideration of any matter presented to the ,court under this ,act and the ,court makes a decision with respect to such matter1 the ,court1 in response to an application by the amicus curiae or any other individual designated under paragraph 7#a71 may refer the decision to the ,court en banc for review as the ,court considers appropriate4 7,b7 ,referral to ,foreign ,intelligence ,surveillance ,court of ,review ,if the court established under subsection 7a7 appoints an amicus curiae under paragraph 7#b77;,a7 to assist the ,court in the consideration of any matter presented to the ,court under this ,act and the ,court makes a decision with respect to such matter1 the ,court1 in response to an application by the amicus curiae or any other individual designated under paragraph 7#a7 may refer the decision to the court established under subsection 7b7 for review as the ,court considers appropriate4 7,c7 ,referral to ,supreme ,court ,if the ,court of ,review appoints an amicus curiae under paragraph 7#b7 to assist the ,court of ,review in the review of any matter presented to the ,court of ,review under this ,act or a question of law that may affect resolution of a matter in controversy and the ,court of ,review makes a decision with respect to such matter or question of law1 the ,court of ,review1 in response to an application by the amicus curiae or any other individual designated under paragraph 7#a7 may refer the decision to the ,supreme ,court for review as the ,court of ,review considers appropriate4 7,d7 ,annual report ,not later than #fj days after the end of each calendar year1 the ,court and the ,court of ,review shall each publish1 on their respective ,internet websites1 a report listing-- 7i7 the number of applications for referral received by the ,court or the ,court of ,review1 as applicable1 during the most recently concluded calendar year2 and 7ii7 the number of such applications for referral that were granted by the ,court or the ,court of ,review1 as applicable1 during such calendar year4 4 7#c7 ,assistance ,section #ajc7;i77#f7 of such ,act1 as redesignated1 is further amended to read as follows3 7#f7 ,assistance ,any individual designated pursuant to paragraph 7#a7 may raise a legal or technical issue or any other issue with the ,court or the ,court of ,review at any time4 ,if an amicus curiae is appointed under paragraph 7#b77;,a7-- 7,a7 the court shall notify all other amicus curiae designated under paragraph 7#a7 of such appointment2 7,b7 the appointed amicus curiae may request1 either directly or through the court1 the assistance of the other amici curiae designated under paragraph 7#a72 and 7,c7 all amici curiae designated under paragraph 7#a7 may provide input to the court whether or not such input was formally requested by the court or the appointed amicus curiae4 4 7#d7 ,access to information ,section #ajc7;i77#g7 of such ,act1 as redesignated1 is further amended-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 by striking that the court and inserting the following3 8that-- 7,i7 the court 2 and 7,,ii7 by striking and at the end and inserting the following3 8or 7,,ii7 are cited by the ,government in an application or case with respect to which an amicus curiae is assisting a court under this subsection2 2 7ii7 by redesignating clause 7ii7 as clause 7iii72 and 7iii7 by inserting after clause 7i7 the following3 7ii7 shall have access to an unredacted copy of each decision made by a court established under subsection 7a7 or 7b7 in which the court decides a question of law1 notwithstanding whether the decision is classified2 and 2 7,b7 in subparagraph 7,b71 by striking may and inserting shall2 and 7,c7 in subparagraph 7,c7-- 7i7 in the subparagraph heading1 by striking ,classified information and inserting ,access to information2 and 7ii7 by striking court may have access and inserting the following3 8court-- 7i7 shall have access to unredacted copies of each opinion1 order1 transcript1 pleading1 or other document of the ,court and the ,court of ,review2 and 7ii7 may have access 4 7#e7 ,public notice and receipt of briefs from third parties ,section #ajc7;i7 of such ,act1 as amended by this subsection1 is further amended by adding at the end the following3 7#ab7 ,public notice and receipt of briefs from third parties ,whenever a court established under subsection 7a7 or 7b7 considers a novel a question of law that can be considered without disclosing classified information1 sources1 or methods1 the court shall1 to the greatest extent practicable1 consider such question in an open manner-- 7,a7 by publishing on its ,internet website each question of law that the court is considering2 and 7,b7 by accepting briefs from third parties relating to the question under consideration by the court4 4 7b7 ,participation of amici curiae in oversight of authorizations for targeting of certain persons outside the ,united ,states other than ,united ,states persons 7#a7 ,in general ,section #gjb7;i77#b7 of such ,act 7#ej ,u4,s4,c4 #ahha;a7i77#b77 is amended-- 7,a7 in subparagraph 7,b71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and adjusting the indentation of the margin of such subclauses1 as so redesignated1 two ems to the right2 7,b7 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and adjusting the indentation of the margin of such clauses1 as so redesignated1 two ems to the right2 7,c7 by inserting before clause 7i71 as redesignated by subparagraph 7,b71 the following3 7,a7 ,in general 2 and 7,d7 by adding at the end the following3 7,b7 ,participation by amici curiae ,in reviewing a certification under subparagraph 7,a77i71 the ,court shall randomly select an amicus curiae designated under section #ajc7;i7 to assist with such review4 4 7#b7 ,schedule ,section #gjb7;i77#e77;,a7 of such ,act is amended by striking at least #cj days prior to the expiration of such authorization and inserting such number of days before the expiration of such authorization as the ,court considers necessary to comply with the requirements of paragraph 7#b77;,b7 or #cj days1 whichever is greater4 7c7 ,public notice of questions of law certified for review ,section #ajc7;j7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;j77 is amended-- 7#a7 by striking ,following and inserting the following3 7#a7 ,in general ,following 2 and 7#b7 by adding at the end the following3 7#b7 ,public ,notice 7,a7 ,in general ,except as provided in subparagraph 7,b71 whenever a court established under subsection 7a7 certifies a question of law for review under paragraph 7#a7 of this subsection1 the court shall publish on its ,internet website-- 7i7 a notice of the question of law to be reviewed2 and 7ii7 briefs submitted by the parties1 which may be redacted at the discretion of the court to protect sources1 methods1 and other classified information4 7,b7 ,protection of classified information1 sources1 and methods ,subparagraph 7,a7 shall apply to the greatest extent practicable1 consistent with otherwise applicable law on the protection of classified information1 sources1 and methods4 4 #i4 ,reforms to the ,foreign ,intelligence ,surveillance ,court 7a7 ,,fisa ,court judges 7#a7 ,number and designation of judges ,section #ajc7;a77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a77#a77 is amended to read as follows3 7#a7 7,a7 ,there is a court which shall have jurisdiction to hear applications for and to grant orders approving electronic surveillance anywhere within the ,united ,states under the procedures set forth in this ,act4 7,b7 7i7 ,the court established under subparagraph 7,a7 shall consist of #ac judges1 one of whom shall be designated from each judicial circuit 7including the ,united ,states ,court of ,appeals for the ,district of ,columbia and the ,united ,states ,court of ,appeals for the ,federal ,circuit74 7ii7 ,the ,chief ,justice of the ,united ,states shall-- 7,i7 designate each judge of the court established under subparagraph 7,a7 from the nominations made under subparagraph 7,c72 and 7,,ii7 make the name of each judge of such court available to the public4 7,c7 7i7 ,when a vacancy occurs in the position of a judge of the court established under subparagraph 7,a7 from a judicial circuit1 the chief judge of the circuit shall propose a district judge for a judicial district within the judicial circuit to be designated for that position4 7ii7 ,if the ,chief ,justice does not designate a district judge proposed under clause 7i71 the chief judge shall propose #b other district judges for a judicial district within the judicial circuit to be designated for that position and the ,chief ,justice shall designate #a such district judge to that position4 7,d7 ,no judge of the court established under subparagraph 7,a7 7except when sitting en banc under paragraph 7#b77 shall hear the same application for electronic surveillance under this ,act which has been denied previously by another judge of such court4 7,e7 ,if any judge of the court established under subparagraph 7,a7 denies an application for an order authorizing electronic surveillance under this ,act1 such judge shall provide immediately for the record a written statement of each reason for the judge's decision and1 on motion of the ,united ,states1 the record shall be transmitted1 under seal1 to the court of review established in subsection 7b74 4 7#b7 ,tenure ,section #ajc7;d7 of such ,act is amended by striking redesignation1 and all that follows through the end and inserting redesignation44 7#c7 ,implementation 7,a7 ,incumbents ,a district judge designated to serve on the court established under subsection 7a7 of such section before the date of enactment of this ,act may continue to serve in that position until the end of the term of the district judge under subsection 7d7 of such section1 as in effect on the day before the date of the enactment of this ,act4 7,b7 ,initial appointment and term ,notwithstanding any provision of such section1 as amended by paragraphs 7#a7 and 7#b71 and not later than #ahj days after the date of enactment of this ,act1 the ,chief ,justice of the ,united ,states shall-- 7i7 designate a district court judge who is serving in a judicial district within the ,district of ,columbia circuit and proposed by the chief judge of such circuit to be a judge of the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a77 for an initial term of #g years2 and 7ii7 designate a district court judge who is serving in a judicial district within the ,federal circuit and proposed by the chief judge of such circuit to be a judge of such court for an initial term of #d years4 7b7 ,court of ,review ,section #ajc7;b7 of such ,act is amended-- 7#a7 by striking ,the ,chief ,justice and inserting 7#a7 ,subject to paragraph 7#b71 the ,chief ,justice2 and 7#b7 by adding at the end the following3 7#b7 ,the ,chief ,justice may designate a district court judge or circuit court judge to a position on the court established under paragraph 7#a7 only if at least #e associate justices approve the designation of such individual4 4 #aj4 ,study and report on diversity and representation on the ,,fisa ,court and the ,,fisa ,court of ,review 7a7 ,study ,the ,committee on ,intercircuit ,assignments of the ,judicial ,conference of the ,united ,states shall conduct a study on how to ensure judges are appointed to the court established under subsection 7a7 of section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7 and the court established under subsection 7b7 of such section in a manner that ensures such courts are diverse and representative4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,committee on ,intercircuit ,assignments shall submit to ,congress a report on the study carried out under subsection 7a74 #aa4 ,grounds for determining injury in fact in civil action relating to surveillance under certain provisions of ,foreign ,intelligence ,surveillance ,act of #aigh ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a71 as amended by sections #b1 #c1 #d1 #e1 and #h7;b71 is further amended by adding at the end the following3 7m7 ,challenges to ,government surveillance 7#a7 ,injury in fact ,in any claim in a civil action brought in a court of the ,united ,states relating to surveillance conducted under this section1 the person asserting the claim has suffered an injury in fact if the person-- 7,a7 has a reasonable basis to believe that the person's communications will be acquired under this section2 and 7,b7 has taken objectively reasonable steps to avoid surveillance under this section4 7#b7 ,reasonable basis ,a person shall be presumed to have demonstrated a reasonable basis to believe that the communications of the person will be acquired under this section if the profession of the person requires the person regularly to communicate foreign intelligence information with persons who-- 7,a7 are not ,united ,states persons2 and 7,b7 are located outside the ,united ,states4 7#c7 ,objective steps ,a person shall be presumed to have taken objectively reasonable steps to avoid surveillance under this section if the person demonstrates that the steps were taken in reasonable response to rules of professional conduct or analogous professional rules4 4 #ab4 ,clarification of applicability of requirement to declassify significant decisions of ,foreign ,intelligence ,surveillance ,court and ,foreign ,intelligence ,surveillance ,court of ,review ,section #fjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgb7 shall apply with respect to decisions1 orders1 and opinions described in subsection 7a7 of such section that were issued on1 before1 or after the date of the enactment of the ,uniting and ,strengthening ,america by ,fulfilling ,rights and ,ensuring ,effective ,discipline ,over ,monitoring ,act of #bjae 7,public ,law #aad-bc74 #ac4 ,clarification regarding treatment of information acquired under ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,derived defined 7#a7 ,in general ,section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja7 is amended by adding at the end the following3 7q7 ,for the purposes of notification provisions of this ,act1 information or evidence is derived from an electronic surveillance1 physical search1 use of a pen register or trap and trace device1 production of tangible things1 or acquisition under this ,act when the ,government would not have originally possessed the information or evidence but for that electronic surveillance1 physical search1 use of a pen register or trap and trace device1 production of tangible things1 or acquisition1 and regardless of any claim that the information or evidence is attenuated from the surveillance or search1 would inevitably have been discovered1 or was subsequently reobtained through other means4 4 7#b7 ,policies and guidance 7,a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,attorney ,general and the ,director of ,national ,intelligence shall publish the following3 7i7 ,policies concerning the application of subsection 7q7 of section #aja of such ,act1 as added by paragraph 7#a74 7ii7 ,guidance for all members of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 and all ,federal agencies with law enforcement responsibilities concerning the application of such subsection4 7,b7 ,modifications ,whenever the ,attorney ,general and the ,director modify a policy or guidance published under subparagraph 7,a71 the ,attorney ,general and the ,director shall publish such modifications4 7b7 ,use of information acquired under title ,,vii ,section #gjf of such ,act 7#ej ,u4,s4,c4 #ahha;e7 is amended-- 7#a7 in subsection 7a71 by striking 1 except for the purposes of subsection 7j7 of such section2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,information acquired under sections #gjc-gje ,information acquired from an acquisition conducted under section #gjc1 #gjd1 or #gje shall be deemed to be information acquired from an electronic surveillance pursuant to title ,i for the purposes of section #ajf4 4 #ad4 ,limitation on technical assistance from electronic communication service providers under the ,foreign ,intelligence ,surveillance ,act of #aigh ,section #gjb7;h77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7h77#a77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and moving such clauses #b ems to the right2 7#b7 by striking ,with respect to and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 in carrying out 2 and 7#c7 by adding at the end the following3 7,b7 ,limitations ,the ,attorney ,general or the ,director of ,national ,intelligence may not request assistance from an electronic communication service provider under subparagraph 7,a7 without demonstrating1 to the satisfaction of the ,court1 that the assistance sought-- 7i7 is necessary2 7ii7 is narrowly tailored to the surveillance at issue2 and 7iii7 would not pose an undue burden on the electronic communication service provider or its customers who are not an intended target of the surveillance4 7,c7 ,compliance ,an electronic communication service provider is not obligated to comply with a directive to provide assistance under this paragraph unless-- 7i7 such assistance is a manner or method that has been explicitly approved by the ,court2 and 7ii7 the ,court issues an order1 which has been delivered to the provider1 explicitly describing the assistance to be furnished by the provider that has been approved by the ,court4 4 #ae4 ,modification of authorities for public reporting by persons subject to nondisclosure requirement accompanying order under ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,modification of aggregation banding ,subsection 7a7 of section #fjd of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgd7 is amended-- 7#a7 by striking paragraphs 7#a7 through 7#c7 and inserting the following3 7#a7 ,a semiannual report that aggregates the number of orders1 directives1 or national security letters with which the person was required to comply into separate categories of-- 7,a7 the number of national security letters received1 reported-- 7i7 for the first #ajjj national security letters received1 in bands of #bjj starting with #a-bjj2 and 7ii7 for more than #ajjj national security letters received1 the precise number of national security letters received2 7,b7 the number of customer selectors targeted by national security letters1 reported-- 7i7 for the first #ajjj customer selectors targeted1 in bands of #bjj starting with #a-bjj2 and 7ii7 for more than #ajjj customer selectors targeted1 the precise number of customer selectors targeted2 7,c7 the number of orders or directives received1 combined1 under this ,act for contents-- 7i7 reported-- 7,i7 for the first #ajjj orders and directives received1 in bands of #bjj starting with #a-bjj2 and 7,,ii7 for more than #ajjj orders and directives received1 the precise number of orders received2 and 7ii7 disaggregated by whether the order or directive was issued under section #aje1 #djb1 #eja1 #gjb1 #gjc1 or #gjd2 7,d7 the number of customer selectors targeted under orders or directives received1 combined1 under this ,act for contents-- 7i7 reported-- 7,i7 for the first #ajjj customer selectors targeted1 in bands of #bjj starting with #a-bjj2 and 7,,ii7 for more than #ajjj customer selectors targeted1 the precise number of customer selectors targeted2 and 7ii7 disaggregated by whether the order or directive was issued under section #aje1 #djb1 #eja1 #gjb1 #gjc1 or #gjd2 7,e7 the number of orders or directives received under this ,act for noncontents-- 7i7 reported-- 7,i7 for the first #ajjj orders or directives received1 in bands of #bjj starting with #a-bjj2 and 7,,ii7 for more than #ajjj orders or directives received1 the precise number of orders received2 and 7ii7 disaggregated by whether the order or directive was issued under section #aje1 #djb1 #eja1 #gjb1 #gjc1 or #gjd2 and 7,f7 the number of customer selectors targeted under orders or directives under this ,act for noncontents-- 7i7 reported-- 7,i7 for the first #ajjj customer selectors targeted1 in bands of #bjj starting with #a-bjj2 and 7,,ii7 for more than #ajjj customer selectors targeted1 the precise number of customer selectors targeted2 and 7ii7 disaggregated by whether the order or directive was issued under section #aje1 #djb1 #eja1 #gjb1 #gjc1 or #gjd4 2 and 7#b7 by redesignating paragraph 7#d7 as paragraph 7#b74 7b7 ,additional disclosures ,such section is amended-- 7#a7 by redesignating subsections 7b7 through 7d7 as subsections 7c7 through 7e71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,additional disclosures ,a person who publicly reports information under subsection 7a7 may also publicly report the following information1 relating to the previous #ahj days1 using a semiannual report that indicates whether the person was or was not required to comply with an order1 directive1 or national security letter issued under each of sections #aje1 #djb1 #eja1 #gjb1 #gjc1 and #gjd and the provisions listed in section #fjc7;e77#c74 4 #af4 ,annual publication of statistics on number of persons targeted outside the ,united ,states under certain ,foreign ,intelligence ,surveillance ,act of #aigh authority ,not less frequently than once each year1 the ,director of ,national ,intelligence shall publish the following3 7#a7 ,a description of the subject matter of each of the certifications provided under subsection 7g7 of section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7 in the last calendar year4 7#b7 ,statistics revealing the number of persons targeted in the last calendar year under subsection 7a7 of such section1 disaggregated by certification under which the person was targeted4 #ag4 ,repeal of nonapplicability to ,federal ,bureau of ,investigation of certain reporting requirements under ,foreign ,intelligence ,surveillance ,act of #aigh ,section #fjc7;d77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7;d77#b77 is amended by striking 7,a7 ,federal bureau and all that follows through ,paragraph 7#c77;,b7 of and inserting ,paragraph 7#c77;,b74 #ah4 ,publication of estimates regarding communications collected under certain provision of ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,in general ,except as provided in subsection 7b71 not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall publish an estimate of-- 7#a7 the number of ,united ,states persons whose communications are collected under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a72 or 7#b7 the number of communications collected under such section to which a party is a person inside the ,united ,states4 7b7 ,in case of technical impossibility ,if the ,director determines that publishing an estimate pursuant to subsection 7a7 is not technically possible-- 7#a7 subsection 7a7 shall not apply2 and 7#b7 the ,director shall publish an assessment in unclassified form explaining such determination1 but may submit a classified annex to the appropriate committees of ,congress as necessary4 7c7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the congressional intelligence committees 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc772 7#b7 the ,committee on the ,judiciary of the ,senate2 and 7#c7 the ,committee on the ,judiciary of the ,house of ,representatives4 #ai4 ,four-year extension of ,,fisa ,amendments ,act of #bjjh 7a7 ,extension ,section #djc7;b7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa7 is amended-- 7#a7 in paragraph 7#a7 7#ej ,u4,s4,c4 #ahha-ahha;g note71 by striking ,december #ca1 #bjag and inserting ,september #cj1 #bjba2 and 7#b7 in paragraph 7#b7 7#ah ,u4,s4,c4 #beaa note71 in the material preceding subparagraph 7,a71 by striking ,december #ca1 #bjag and inserting ,september #cj1 #bjba4 7b7 ,conforming amendment ,the heading of section #djd7;b77#a7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #ej ,u4,s4,c4 #ahja note7 is amended by striking ,december #ca1 #bjag and inserting ,september #cj1 #bjba4