,,ii ,calendar ,no4 #beb #aaeth ,,congress #ast ,session ,s4 #bjaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #be1 #bjag,mr4 ,burr1 from the ,select ,committee on ,intelligence1 reported the following original bill2 which was read twice and placed on the calendar ,a ,,bill ,to extend the ,,fisa ,amendments ,act of #bjjh for #h years1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,fisa ,amendments ,reauthorization ,act of #bjag4 #b4 ,eight-year extension of ,,fisa ,amendments ,act of #bjjh 7a7 ,extension ,section #djc7;b7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #abb ,stat4 #bdgd7 is amended-- 7#a7 in paragraph 7#a71 by striking ,december #ca1 #bjag and inserting ,december #ca1 #bjbe2 and 7#b7 in paragraph 7#b7 in the matter preceding subparagraph 7,a71 by striking ,december #ca1 #bjag and inserting ,december #ca1 #bjbe4 7b7 ,conforming amendment ,the heading for section #djd7;b77#a7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #abb ,stat4 #bdgf7 is amended by striking ,december #ca1 #bjag and inserting ,december #ca1 #bjbe4 #c4 ,congressional review and oversight of abouts collection 7a7 ,in general ,section #gjb7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7b77 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 7#b7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7#c7 by inserting after paragraph 7#d7 the following3 7#e7 may not intentionally acquire communications that contain a reference to1 but are not to or from1 a facility1 place1 premises1 or property at which an acquisition authorized under subsection 7a7 is directed or conducted1 except as provided under subsection 7m72 and 4 7b7 ,congressional review and oversight of communications of abouts collection ,section #gjb of the ,foreign ,intelligence ,surveillance ,act 7#ej ,u4,s4,c4 #ahha;a7 is amended by adding at the end the following3 7m7 ,congressional review and oversight of abouts collection 7#a7 ,definitions ,in this subsection3 7,a7 ,abouts communication ,the term abouts communication means a communication that contains reference to1 but is not to or from1 a facility1 a place1 premises1 or property at which an acquisition authorized under subsection 7a7 is directed or conducted4 7,b7 ,material breach ,the term material breach means significant noncompliance with applicable law or an order of the ,foreign ,intelligence ,surveillance ,court concerning any acquisition of abouts communications4 7,c7 ,qualifying legislation ,the term qualifying legislation means a bill of either ,house of ,congress-- 7i7 the title of which is as follows ,a bill to prohibit the acquisition of abouts communications42 and 7ii7 the matter after the enacting clause of which is as follows3 ,congress disapproves the intentional acquisition under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7 of abouts communications 7as defined in subsection 7m7 of such section #gjb744 7#b7 ,submission to ,congress 7,a7 ,requirement ,notwithstanding any other provision of law1 and except as provided in paragraph 7#e71 if the ,attorney ,general and the ,director of ,national ,intelligence intend to implement the authorization of the intentional acquisition of abouts communications1 before the first such implementation after the date of enactment of this subsection1 the ,attorney ,general and the ,director of ,national ,intelligence shall submit to the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate and the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a written notice of the intent to implement the authorization of such an acquisition1 and any supporting materials in accordance with this subsection4 7,b7 ,congressional review period ,during the #cj-;day period beginning on the date written notice is submitted under subparagraph 7,a71 the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate and the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives shall1 as appropriate1 hold hearings and briefings and otherwise obtain information in order to fully review the written notice4 7,c7 ,limitation on action during congressional review period ,notwithstanding any other provision of law1 and subject to paragraph 7#e71 unless the ,attorney ,general and the ,director of ,national ,intelligence make a determination pursuant to subsection 7c77#b71 the ,attorney ,general and the ,director of ,national ,intelligence may not implement the authorization of the intentional acquisition of abouts communications before the end of the period described in subparagraph 7,b74 7,d7 ,effect of enactment of disapproval ,if qualifying legislation is enacted during the #cj-;day period described in subparagraph 7,b71 the ,attorney ,general and the ,director of ,national ,intelligence may not implement the authorization of the intentional acquisition of abouts communications4 7,e7 ,effect of failure to enact disapproval ,if qualifying legislation is not enacted during the #cj-;day period described in subparagraph 7,b71 after the end of such period1 the ,attorney ,general and the ,director of ,national ,intelligence may implement the authorization of the intentional acquisition of abouts communications4 7#c7 ,written notice ,written notice under paragraph 7#b77;,a7 shall include the following3 7,a7 ,a copy of any certification submitted to the ,foreign ,intelligence ,surveillance ,court pursuant to subsection 7g71 or amendment thereto1 authorizing the intentional acquisition of abouts communications1 including all affidavits1 procedures1 exhibits1 and attachments submitted therewith4 7,b7 ,the decision1 order1 or opinion of the ,foreign ,intelligence ,surveillance ,court approving such certification1 and any pleadings1 applications1 or memoranda of law associated with such decision1 order1 or opinion4 7,c7 ,a summary of the protections in place to detect any material breach4 7,d7 ,data or other results of modeling1 simulation1 or auditing of sample data demonstrating that any acquisition method involving the intentional acquisition of abouts communications shall be conducted in accordance with this title1 if such data or other results exist at the time the written notice is submitted and were provided to the ,foreign ,intelligence ,surveillance ,court4 7,e7 ,except as provided under paragraph 7#e71 a statement that no acquisition authorized under subsection 7a7 shall include the intentional acquisition of an abouts communication until after the end of the #cj-;day period described in paragraph 7#b77;,b74 7#d7 ,expedited consideration of legislation 7,a7 ,introduction ,it shall be in order in the ,senate and the ,house of ,representatives1 not later than #cj days after the date on which written notice is submitted under paragraph 7#b77;,a71 or notice of an emergency authorization is provided under paragraph 7#e71 to introduce qualifying legislation1 which shall be entitled to expedited consideration under this paragraph4 7,b7 ,consideration in the ,house of ,representatives 7i7 ,reporting and discharge ,any committee of the ,house of ,representatives to which qualifying legislation is referred shall report it to the ,house of ,representatives not later than #aj legislative days after the date of the referral4 7ii7 ,proceeding to consideration ,on and after the third legislative day after each committee to which qualifying legislation has been referred reports it to the ,house of ,representatives from its further consideration1 it shall be in order to move to proceed to consider the qualifying legislation4 ,the motion to proceed to consideration of the qualifying legislation shall not be debatable4 7,c7 ,consideration in the ,senate 7i7 ,reporting and discharge ,any committee of the ,senate to which qualifying legislation is referred shall report it to the ,senate not later than #aj days in which the ,senate is in session after the date of the referral4 7ii7 ,proceeding to consideration ,notwithstanding rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order at any time after the committee to which qualifying legislation is referred reports it to the ,senate 7even though a previous motion to the same effect has been disagreed to7 to move to proceed to the consideration of the qualifying legislation4 ,the motion to proceed to consideration of the qualifying legislation shall not be debatable4 7iii7 ,consideration 7,i7 ,in general ,if the ,senate proceeds to the consideration of qualifying legislation1 consideration of the qualifying legislation1 and all amendments1 debatable motions1 and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between the majority and minority leaders or their designees4 7,,ii7 ,vote on passage ,the vote on passage shall occur immediately following the conclusion of the consideration of the qualifying legislation1 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate4 7,,iii7 ,consideration of veto messages ,consideration in the ,senate of any veto message with respect to qualifying legislation1 including all debatable messages and appeals in connection therewith1 shall be limited to #aj hours1 to be equally divided between1 and controlled by1 the majority leader and the minority leader or their designees4 7#e7 ,exception for emergency acquisition 7,a7 ,notice of determination ,if the ,attorney ,general and the ,director of ,national ,intelligence make a determination pursuant to subsection 7c77#b7 with respect to the intentional acquisition of abouts communications1 the ,attorney ,general and the ,director of ,national ,intelligence shall notify the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate and the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives as soon as practicable1 but not later than #g days after the determination is made4 7,b7 ,implementation or continuation 7i7 ,in general ,if the ,foreign ,intelligence ,surveillance ,court approves a certification that authorizes the intentional acquisition of abouts communications before the end of the #cj-;day period described in paragraph 7#b77;,b7 and qualifying legislation has not been enacted1 the ,attorney ,general and the ,director of ,national ,intelligence may authorize the immediate implementation or continuation of that certification if the ,attorney ,general and the ,director of ,national ,intelligence jointly determine that exigent circumstances exist such that without such immediate implementation or continuation intelligence important to the national security of the ,united ,states may be lost or not timely acquired4 7ii7 ,notice ,the ,attorney ,general and ,director of ,national ,intelligence shall submit to the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate and the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives notification of a determination pursuant to clause 7i7 as soon as practicable1 but not later than #c days after the determination is made4 7#f7 ,reporting of material breach ,the head of any agency involved in the acquisition of abouts communications shall fully and concurrently inform the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate and the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives of a material breach4 4 #d4 ,appointment of amici curiae by ,foreign ,intelligence ,surveillance ,court 7a7 ,in general ,section #ajc7;i77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77#b77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margin accordingly2 7#b7 in the matter before clause 7i71 as redesignated by paragraph 7#a71 by striking ,a court established and inserting the following3 7,a7 ,in general ,a court established 2 and 7#c7 by adding at the end the following3 7,b7 ,presumption in section #gjb certifications ,for purposes of subparagraph 7,a77i71 the first certification under section #gjb7;g7 or amendment thereto that authorizes the acquisition of communications that contain a reference to1 but are not to or from1 a facility1 place1 premises1 or property at which an acquisition authorized under section #gjb7;a7 is directed or conducted1 presents a novel or significant interpretation of the law1 unless the court determines otherwise4 4 7b7 ,technical and conforming amendments ,section #ajc7;i7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77 is amended-- 7#a7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by striking paragraph 7#b77;,a7 and inserting paragraph 7#b77;,a77i72 and 7#b7 in paragraph 7#e71 by striking paragraph 7#b77;,a7 and inserting paragraph 7#b77;,a77i74 #e4 ,authorization for ,foreign ,intelligence ,surveillance ,court to compensate amici curiae and technical advisors for assistance provided ,section #ajc7;i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77 is amended by adding at the end the following3 7#aa7 ,compensation ,notwithstanding any other provision of law1 a court established under subsection 7a7 or 7b7 may compensate an amicus curiae appointed under paragraph 7#b7 for assistance provided under such paragraph as the court considers appropriate and at such rate as the court considers appropriate4 4 #f4 ,minimization and disclosure provisions 7a7 ,end use restriction ,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 ,united ,states persons 7,a7 ,in general ,any communication to1 from1 or which contains a reference to a ,united ,states person acquired under section #gjb shall not be used in evidence against that ,united ,states person in any criminal proceeding unless the ,attorney ,general determines that-- 7i7 the criminal proceeding affects1 involves1 or is related to the national security of the ,united ,states2 or 7ii7 the criminal proceeding involves-- 7,i7 death2 7,,ii7 kidnapping2 7,,iii7 serious bodily injury1 as defined in section #acfe of title #ah1 ,united ,states ,code2 7,,iv7 conduct that constitutes a criminal offense that is a specified offense against a minor1 as defined in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjiaa72 7,v7 incapacitation or destruction of critical infrastructure1 as defined in section #ajaf7;e7 of the ,,usa ,,patriot ,act 7#db ,u4,s4,c4 #eaie;c7e772 7,,vi7 cybersecurity1 including conduct described in section #ajaf7;e7 of the ,,usa ,,patriot ,act 7#db ,u4,s4,c4 #eaie;c7e77 or section #ajbi1 #ajcj1 or #beaa of title #ah1 ,united ,states ,code2 7,,vii7 transnational crime1 including transnational narcotics trafficking and transnational organized crime2 or 7,,viii7 human trafficking4 7,b7 ,no judicial review ,a determination by the ,attorney ,general under subparagraph 7,a7 is not subject to judicial review4 4 7b7 ,intelligence community disclosure provision ,section #fjc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking good faith estimate of the number of targets of such orders2 and inserting the following3 8good faith estimate of-- 7,a7 the number of targets of such orders2 7,b7 the number of targets of such orders who are known to not be ,united ,states persons2 and 7,c7 the number of targets of such orders who are known to be ,united ,states persons2 2 7,b7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,c71 respectively2 7ii7 by inserting before subparagraph 7,b71 as so redesignated1 the following3 7,a7 the number of targets of such orders2 2 7iii7 in subparagraph 7,b71 as so redesignated1 by striking and at the end2 and 7iv7 by adding at the end the following3 7,d7 the number of instances in which the ,federal ,bureau of ,investigation has received and reviewed the unminimized contents of electronic communications or wire communications concerning a ,united ,states person obtained through acquisitions authorized under such section in response to a search term that was reasonably designed to find evidence of a crime that would not be considered foreign intelligence information2 and 7,e7 the number of instances in which the ,federal ,bureau of ,investigation opened1 under the ,criminal ,investigative ,division or any successor division1 an investigation of a ,united ,states person 7who is not considered a threat to national security7 based wholly or in part on an acquisition authorized under such section2 2 7,c7 in paragraph 7#c77;,a71 by striking orders2 and and inserting the following3 8orders1 including-- 7i7 the number of targets of such orders who are known to not be ,united ,states persons2 and 7ii7 the number of targets of such orders who are known to be ,united ,states persons2 and 2 7,d7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 and 7,e7 by inserting after paragraph 7#c7 the following3 7#d7 the number of criminal proceedings in which the ,united ,states or a ,state or political subdivision thereof provided notice pursuant to subsection 7c7 or 7d7 of section #ajf 7including with respect to information acquired from an acquisition conducted under section #gjb7 or subsection 7d7 or 7e7 of section #cje of the intent of the government to enter into evidence or otherwise use or disclose any information obtained or derived from electronic surveillance1 physical search1 or an acquisition conducted pursuant to this ,act2 2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking 7#d71 or 7#e7 and inserting 7#e71 or 7#f72 7,b7 in paragraph 7#b77;,a71 by striking 7#b77;,a71 7#b77;,b71 and 7#e77;,c7 and inserting 7#b77;,b71 7#b77;,c71 and 7#f77;,c72 and 7,c7 in paragraph 7#c77;,a71 in the matter preceding clause 7i71 by striking subsection 7b77#b77;,b7 and inserting subsection 7b77#b77;,c74 #g4 ,querying procedures required 7a7 ,in general ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a71 as amended by section #c1 is further amended-- 7#a7 by redesignating subsections 7f7 through 7m7 as subsections 7g7 through 7n71 respectively2 7#b7 by inserting after subsection 7e7 the following3 7f7 ,querying procedures 7#a7 ,procedures required 7,a7 ,in general ,the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 shall adopt querying procedures for queries of data collected pursuant to an authorization under subsection 7a74 7,b7 ,record of queries ,the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 shall ensure that the procedures adopted under subparagraph 7,a7 include a technical procedure whereby a record is kept of all queries using a known ,united ,states person identifier4 7#b7 ,judicial review ,the querying procedures adopted in accordance with paragraph 7#a7 shall be subject to judicial review pursuant to subsection 7j74 7#c7 ,query defined ,in this subsection1 the term query means any instance in which data the ,government has already acquired is searched using a specific term or terms for the purpose of discovering or retrieving unminimized content or metadata4 4 7b7 ,conforming amendments 7#a7 ,amendments to section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh ,such section is further amended-- 7,a7 in subsection 7a71 by striking with subsection 7i77#c7 and inserting with subsections 7j77#c72 7,b7 in subsection 7c7-- 7i7 in paragraph 7#a77;,b71 by striking with subsection 7g7 and inserting with subsection 7h72 7ii7 in paragraph 7#b71 by striking to subsection 7i77#c7 and inserting to subsection 7j77#c72 and 7iii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a71 by striking with subsection 7g7 and inserting with subsection 7h72 and 7,,ii7 in subparagraph 7,b7-- 7aa7 by striking to subsection 7i77#a77;,c7 and inserting to subsection 7j77#a77;,c72 and 7bb7 by striking under subsection 7i7 and inserting under subsection 7j72 7,c7 in subsection 7d77#b71 by striking to subsection 7i7 and inserting to subsection 7j72 7,d7 in subsection 7e77#b71 by striking to subsection 7i7 and inserting to subsection 7j72 7,e7 in subsection 7h71 as redesignated by subsection 7a77#a7-- 7i7 in paragraph 7#b77;,a77iii71 by striking with subsection 7f7 and inserting with subsection 7g72 7ii7 in paragraph 7#c71 by striking with subsection 7i77#a77;,c7 and inserting with subsection 7j77#a77;,c72 and 7iii7 in paragraph 7#f71 by striking to subsection 7i7 and inserting to subsection 7j72 7,f7 in subsection 7j71 as redesignated by subsection 7a77#a7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking targeting and minimization procedures adopted in accordance with subsections 7d7 and 7e7 and inserting targeting1 minimization1 and querying procedures adopted in accordance with subsections 7d71 7e71 and 7f72 7,,ii7 in subparagraph 7,b71 by striking targeting and minimization procedures adopted in accordance with subsections 7d7 and 7e7 and inserting targeting1 minimization1 and querying procedures adopted in accordance with subsections 7d71 7e71 and 7f72 and 7,,iii7 in subparagraph 7,c71 by striking targeting and minimization procedures adopted in accordance with subsections 7d7 and 7e7 and inserting targeting1 minimization1 and querying procedures adopted in accordance with subsections 7d71 7e71 and 7f72 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking with subsection 7g7 and inserting with subsection 7h72 and 7,,ii7 by adding at the end the following3 7,d7 ,querying procedures ,the querying procedures adopted in accordance with subsection 7f7 to assess whether such procedures comply with the requirements of such subsection4 2 7iii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a7-- 7aa7 by striking with subsection 7g7 and inserting with subsection 7h72 and 7bb7 by striking targeting and minimization procedures adopted in accordance with subsections 7d7 and 7e7 and inserting targeting1 minimization1 and querying procedures adopted in accordance with subsections 7d71 7e71 and 7f72 and 7,,ii7 in subparagraph 7,b71 in the matter before clause 7i7-- 7aa7 by striking with subsection 7g7 and inserting with subsection 7h72 and 7bb7 by striking with subsections 7d7 and 7e7 and inserting with subsections 7d71 7e71 and 7f72 and 7iv7 in paragraph 7#e77;,a7-- 7,i7 by striking with subsection 7g7 and inserting with subsection 7h72 and 7,,ii7 by striking with subsections 7d7 and 7e7 and inserting with subsections 7d71 7e71 and 7f72 and 7,g7 in subsection 7m71 as redesignated by subsection 7a77#a7-- 7i7 in paragraph 7#a71 in the matter before subparagraph 7,a7-- 7,i7 by striking targeting and minimization procedures adopted in accordance with subsections 7d7 and 7e7 and inserting targeting1 minimization1 and querying procedures adopted in accordance with subsections 7d71 7e71 and 7f72 and 7,,ii7 by striking with subsection 7f7 and inserting with subsection 7g72 and 7ii7 in paragraph 7#b77;,a7-- 7,i7 by striking targeting and minimization procedures adopted in accordance with subsections 7d7 and 7e7 and inserting targeting1 minimization1 and querying procedures adopted in accordance with subsections 7d71 7e71 and 7f72 and 7,,ii7 by striking with subsection 7f7 and inserting with subsection 7g74 7#b7 ,amendments to ,foreign ,intelligence ,surveillance ,act of #aigh ,amendments ,act of #bjjh ,section #djd of the ,foreign ,intelligence ,surveillance ,act of #aigh ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #ej ,u4,s4,c4 #ahja note7 is amended-- 7,a7 in subsection 7a77#g77;,b7-- 7i7 by striking under section #gjb7;i77#c7 and inserting under section #gjb7;j77#c72 and 7ii7 by striking under section #gjb7;i77#d7 and inserting under section #gjb7;j77#d72 7,b7 in subsection 7b7-- 7i7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a71 by striking in section #gjb7;h7 and inserting in section #gjb7;i72 and 7,,ii7 in subparagraph 7,b7-- 7aa7 by striking section #gjb7;h77#c7 of and inserting section #gjb7;i77#c7 of2 and 7bb7 by striking to section #gjb7;h7 and inserting to section #gjb7;i72 and 7ii7 in paragraph 7#d7-- 7,i7 in subparagraph 7,a71 by striking and sections #gjb7l7 and inserting and sections #gjb7m72 and 7,,ii7 in subparagraph 7,b77iv71 by striking or section #gjb7l7 and inserting or section #gjb7m74 #h4 ,review of queries conducted by ,federal ,bureau of ,investigation of acquisitions obtained under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,in general ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a71 as amended by sections #c and #g1 is further amended by adding at the end the following3 7o7 ,review of queries conducted by ,federal ,bureau of ,investigation 7#a7 ,submittal ,not later than #a business day after the ,director of the ,federal ,bureau of ,investigation conducts a query of acquisitions obtained under this section which the ,director finds to have been responsive and which returns information that concerns a known ,united ,states person1 the ,director of the ,federal ,bureau of ,investigation shall submit to the ,foreign ,intelligence ,surveillance ,court the query1 the responsive information1 and a justification for executing the query4 7#b7 ,review ,not later than #b business days after receiving a submittal under paragraph 7#a71 the ,foreign ,intelligence ,surveillance ,court shall review the submittal for consistency with the ,fourth ,amendment to the ,constitution and submit to the ,director the findings of the ,court with respect to the review4 7#c7 ,prohibition on use of information responsive to improper queries ,if the ,foreign ,intelligence ,surveillance ,court determines under paragraph 7#b7 that a submittal received under paragraph 7#b7 regarding information responsive to a query is not consistent with the ,fourth ,amendment1 such information shall not be used in any court proceeding4 7#d7 ,annual report ,not less frequently than once each year1 the ,foreign ,intelligence ,surveillance ,court shall submit to the congressional intelligence committees 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 a report on the reviews conducted by the ,court under paragraph 7#b7 in the previous year4 ,such report shall include the number of submittals received under such paragraph in such year and the number that the ,court determined were not consistent with the ,fourth ,amendment to the ,constitution4 4 7b7 ,rule of construction ,subsection 7o7 of such section1 as added by subsection 7a71 shall not be construed to require any action to determine the nationality of an individual that would not have been required to be carried out on the day before the date of the enactment of this ,act4 7c7 ,effective date ,subsection 7o7 of such section1 as added by subsection 7a71 shall take effect on the date that is #ij days after the date of the enactment of this ,act4 #i4 ,section #gje emergency provision ,section #gje of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;d7 is amended by adding at the end the following3 7c7 ,emergency authorization ,if the ,attorney ,general authorized the emergency employment of electronic surveillance or a physical search pursuant to section #aje or #cjd1 the ,attorney ,general may authorize1 for the effective period of the emergency authorization and subsequent order pursuant to section #aje or #cjd1 without a separate order under section #gjc or #gjd1 the targeting of the ,united ,states person that is the target for the purpose of acquiring foreign intelligence information while such ,united ,states person is reasonably believed to be located outside the ,united ,states4 7d7 ,use of information ,if an application submitted to the ,court pursuant to section #ajd or #cjc is denied1 or in any other case in which the acquisition is terminated and no order with respect to the target of the acquisition is issued under section #aje or #cjd1 all information obtained or evidence derived from such acquisition shall be handled in accordance with section #gjd7;d77#d74 4 #aj4 ,privacy and ,civil ,liberties ,oversight ,board reform ,section #eeb;b7a77#a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking term agency means and inserting the following3 8term #8agency'-- 7,a7 means 2 7#b7 by inserting and after the agency22 and 7#c7 by adding at the end the following3 7,b7 does not include the ,privacy and ,civil ,liberties ,oversight ,board2 4 #aa4 ,flexibility for ,privacy and ,civil ,liberties ,oversight ,board in staffing matters ,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 following new paragraph3 7#b7 ,appointment in absence of chairman or absence of a quorum ,if the position of chairman of the ,board is vacant or a quorum is absent1 during the period of the vacancy or vacancies1 the ,board1 at the direction of the unanimous vote of the remaining member or members of the ,board1 may exercise the authority of the chairman under paragraph 7#a74 4 #ab4 ,increased penalties for unauthorized removal and retention of classified documents or material ,section #aibd7;a7 of title #ah1 ,united ,states ,code1 is amended by striking fined and all that follows through both and inserting fined under this title1 imprisoned for not more than #aj years1 or both4 ,october #be1 #bjag,read twice and placed on the calendar