,,ii #aaeth ,,congress #ast ,session ,s4 #baeh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #af1 #bjag,mr4 ,lee 7for himself and ,mr4 ,leahy7 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 clarify and improve the procedures and accountability for authorizing certain acquisitions of foreign intelligence1 to extend title ,,vii of such ,act1 to ensure that the barriers to sharing critical foreign intelligence among the intelligence community that existed before ,september #aa1 #bjja1 are not reimposed1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,uniting and ,strengthening ,american ,liberty ,act of #bjag or the ,,usa ,liberty ,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 ,amendments to the ,foreign ,intelligence ,surveillance ,act of #aigh4 ,,title ,i--,foreign intelligence surveillance and accountability ,sec4 #aja4 ,court orders and protection of incidentally collected ,united ,states person communications4 ,sec4 #ajb4 ,attorney ,general approval and additional protection of incidentally collected ,united ,states person communications4 ,sec4 #ajc4 ,limitation on collection and improvements to targeting procedures and minimization procedures4 ,sec4 #ajd4 ,publication of minimization procedures under section #gjb4 ,sec4 #aje4 ,appointment of amicus curiae for annual certifications4 ,sec4 #ajf4 ,increased accountability on incidentally collected communications4 ,sec4 #ajg4 ,semiannual reports on certain queries by ,federal ,bureau of ,investigation4 ,sec4 #ajh4 ,additional reporting requirements4 ,sec4 #aji4 ,application of certain amendments4 ,sec4 #aaj4 ,sense of ,congress on purpose of section #gjb and respecting foreign nationals4 ,,title ,,ii--,safeguards and oversight of privacy and civil liberties ,sec4 #bja4 ,limitation on retention of certain data4 ,sec4 #bjb4 ,improvements to ,privacy and ,civil ,liberties ,oversight ,board4 ,sec4 #bjc4 ,privacy and civil liberties officers4 ,sec4 #bjd4 ,whistleblower protections for contractors of the intelligence community4 ,,title ,,iii--,extension of authorities1 increased penalties1 reports1 and other matters ,sec4 #cja4 ,extension of title ,,vii of ,,fisa2 effective dates4 ,sec4 #cjb4 ,increased penalty for unauthorized removal and retention of classified documents or material4 ,sec4 #cjc4 ,rule of construction regarding criminal penalties for unauthorized use of information acquired under section #gjb and unauthorized disclosure of ,united ,states person information4 ,sec4 #cjd4 ,comptroller ,general study on unauthorized disclosures and the classification system4 ,sec4 #cje4 ,sense of ,congress on information sharing among intelligence community to protect national security4 ,sec4 #cjf4 ,sense of ,congress on combating terrorism4 ,sec4 #cjg4 ,technical amendments and amendments to improve procedures of the ,foreign ,intelligence ,surveillance ,court of ,review4 ,sec4 #cjh4 ,severability4 ,sec4 #cji4 ,rule of construction4 #b4 ,amendments to the ,foreign ,intelligence ,surveillance ,act of #aigh ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 ,i ,foreign intelligence surveillance and accountability #aja4 ,court orders and protection of incidentally collected ,united ,states person communications 7a7 ,in general ,section #gjb 7#ej ,u4,s4,c4 #ahha;a7 is amended-- 7#a7 by redesignating subsections 7j71 7k71 and 7l7 as subsections 7k71 7l71 and 7m71 respectively2 and 7#b7 by inserting after subsection 7i7 the following3 7j7 ,requirements for access and dissemination of collections of communications 7#a7 ,court orders 7,a7 ,in general ,except as provided under paragraph 7#c71 in response to a query relating to a ,united ,states person or a person reasonably believed to be located in the ,united ,states1 the contents of queried communications acquired under subsection 7a7 may be accessed or disseminated only if-- 7i7 the ,attorney ,general submits to the ,foreign ,intelligence ,surveillance ,court an application that demonstrates that-- 7,i7 there is probable cause to believe that-- 7aa7 such contents provide evidence of a crime specified in section #beaf of title #ah1 ,united ,states ,code2 or 7bb7 the individual is an agent of a foreign power2 and 7,,ii7 any use of such communications pursuant to section #gjf will be carried out in accordance with such section2 and 7ii7 a judge of the ,foreign ,intelligence ,surveillance ,court reviews and approves such application under subparagraph 7,b74 7,b7 ,order 7i7 ,approval ,upon an application made under subparagraph 7,a71 the ,foreign ,intelligence ,surveillance ,court shall enter an order as requested or as modified by the ,court approving the access or dissemination of contents of communications covered by the application if the ,court determines that1 based on an independent review-- 7,i7 the application contains all information required under subparagraph 7,a72 7,,ii7 on the basis of the facts in the application1 there is probable cause to believe that-- 7aa7 such contents provide evidence of a crime specified in section #beaf of title #ah1 ,united ,states ,code2 or 7bb7 the person identified by the queried term is an agent of a foreign power2 and 7,,iii7 the minimization procedures adopted pursuant to subsection 7e7 will ensure compliance with subparagraph 7,a77i77,,ii74 7ii7 ,review ,a denial of an application submitted under subparagraph 7,a7 may be reviewed as provided in section #ajc4 7#b7 ,expeditious consideration ,any application submitted under paragraph 7#a77;,a7 shall be considered by the ,foreign ,intelligence ,surveillance ,court expeditiously and without delay4 7#c7 ,exceptions ,the requirement for an order pursuant to paragraph 7#a7 shall not apply to accessing or disseminating communications acquired under subsection 7a7 if-- 7,a7 the ,attorney ,general determines that the person identified by the queried term is the subject of an order based upon a finding of probable cause1 or emergency authorization1 that authorizes electronic surveillance or physical search under this ,act or title #ah1 ,united ,states ,code 7other than such emergency authorizations under title ,,iv of this ,act or section #cabe of title #ah1 ,united ,states ,code72 7,b7 the ,attorney ,general-- 7i7 reasonably determines that an emergency situation requires the accessing or dissemination of the communications before an order pursuant to paragraph 7#a7 authorizing such access or dissemination can with due diligence be obtained2 7ii7 reasonably believes that the factual basis for the issuance of such an order exists2 and 7iii7 with respect to the access or dissemination of the contents of such communications-- 7,i7 informs the ,court at the time the ,attorney ,general requires the emergency access or dissemination that the decision has been made to employ the authority under this paragraph2 and 7,,ii7 may not use the contents of such communications pursuant to section #gjf if the ,court finds that the determination by the ,attorney ,general with respect to the emergency situation was not appropriate2 or 7,c7 there is consent provided in accordance with paragraph 7#ab74 4 7b7 ,technical and conforming amendment ,section #djd7;b77#d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh ,amendments ,act of #bjjh 7#ej ,u4,s4,c4 #ahja note7 is amended by striking #gjb7l7 each place it appears and inserting #gjb7m74 #ajb4 ,attorney ,general approval and additional protection of incidentally collected ,united ,states person communications ,subsection 7j7 of section #gjb 7#ej ,u4,s4,c4 #ahha;a71 as added by section #aja1 is amended by inserting after paragraph 7#c7 the following3 7#d7 ,relevance and approval to access noncontents information ,except as provided under paragraph 7#e71 in response to a query relating to a ,united ,states person or a person reasonably believed to be located in the ,united ,states1 the information of communications acquired under subsection 7a7 relating to dialing1 routing1 addressing1 or signaling information that is not content and could otherwise be lawfully obtained under title ,,iv of this ,act may be accessed or disseminated only-- 7,a7 with the approval of the ,attorney ,general2 7,b7 if such information is relevant to an authorized investigation or assessment and is not sought solely on the basis of activities protected by the ,first ,amendment to the ,constitution of the ,united ,states2 7,c7 if an order based on probable cause would not be required by law to obtain such information if requested as part of an investigation of a ,federal crime2 and 7,d7 if any use of such communications pursuant to section #gjf will be carried out in accordance with such section4 7#e7 ,exceptions ,the requirement for approval of the ,attorney ,general under paragraph 7#d77;,a7 shall not apply to accessing or disseminating information of communications acquired under subsection 7a7 relating to dialing1 routing1 addressing1 or signaling information that is not content and could otherwise be lawfully obtained under title ,,iv of this ,act if-- 7,a7 the ,attorney ,general determines that the person identified by the queried term is the subject of an order based upon a finding of probable cause1 or emergency authorization1 that authorizes electronic surveillance or physical search under this ,act or title #ah1 ,united ,states ,code 7other than such emergency authorizations under title ,,iv of this ,act or section #cabe of title #ah1 ,united ,states ,code72 7,b7 a supervisory determination is obtained that-- 7i7 reasonably determines that an emergency situation requires the accessing or dissemination of the information of communications before the approval of the ,attorney ,general under paragraph 7#d77;,a7 can with due diligence be obtained2 7ii7 reasonably believes that the factual basis for the approval of the ,attorney ,general under paragraph 7#d77;,a7 exists2 and 7iii7 with respect to the access or dissemination of such information of communications-- 7,i7 informs the ,attorney ,general at the time the supervisor requires the emergency access or dissemination that the decision has been made to employ the authority under this subparagraph2 and 7,,ii7 may not use such information of communications pursuant to section #gjf if the ,attorney ,general finds that the determination by the supervisor with respect to the emergency situation was not appropriate2 or 7,c7 there is consent provided in accordance with paragraph 7#ab74 7#f7 ,due diligence ,a determination of whether the person identified by the queried term is a ,united ,states person or a person reasonably believed to be located in the ,united ,states under paragraph 7#a7 or 7#d7 shall be made based on the totality of the circumstances1 including by1 to the extent practicable1 ensuring that any conflicting information regarding whether the person is a ,united ,states person or is reasonably believed to be located outside the ,united ,states is resolved before making such determination4 ,if there is insufficient information available to make a determination1 the person identified by the queried term shall be considered a ,united ,states person or person reasonably believed to be located in the ,united ,states for purposes of paragraphs 7#a7 and 7#d74 7#g7 ,limitation on electronic surveillance of ,united ,states persons ,if the ,attorney ,general determines that it is necessary to conduct electronic surveillance on a known ,united ,states person whose communications have been acquired under subsection 7a71 the ,attorney ,general may only conduct such electronic surveillance using authority provided under other provisions of law4 7#h7 ,simultaneous query of ,,fbi databases ,except as otherwise provided by law or applicable minimization procedures1 the ,director of the ,federal ,bureau of ,investigation shall ensure that all available investigative or intelligence databases of the ,federal ,bureau of ,investigation are simultaneously queried when the ,federal ,bureau of ,investigation properly uses an information system of the ,federal ,bureau of ,investigation to determine whether information exists in such a database4 7#i7 ,delegation ,the ,attorney ,general shall delegate the authority under this subsection to the fewest number of officials that the ,attorney ,general determines practicable4 7#aj7 ,retention of auditable records 7,a7 ,records ,the ,attorney ,general shall retain records of queries of a collection of communications acquired under subsection 7a74 ,the heads of elements of the intelligence community that are not components of the ,department of ,justice shall retain records of queries of a collection of communications acquired under subsection 7a7 that use a term identifying a ,united ,states person or a person located in the ,united ,states4 7,b7 ,requirements ,records retained under subparagraph 7,a7 shall-- 7i7 include queries for not less than #e years after the date on which the query is made2 and 7ii7 be maintained in a manner that is auditable and available for congressional oversight4 7#aa7 ,compliance and maintenance ,the requirements of this subsection do not apply with respect to queries made for the purpose of-- 7,a7 submitting to ,congress information required by this ,act or otherwise ensuring compliance with the requirements of this section2 or 7,b7 performing maintenance or testing of information systems4 7#ab7 ,consent ,the requirements of this subsection do not apply with respect to-- 7,a7 queries made using a term identifying a person who is a party to the communications acquired under subsection 7a71 or a person who otherwise has lawful authority to provide consent1 and who consents to such queries2 or 7,b7 the accessing or the dissemination of the contents or information of communications acquired under subsection 7a7 of a person who is a party to the communications1 or a person who otherwise has lawful authority to provide consent1 and who consents to such access or dissemination4 7#ac7 ,query purposes ,the contents of communications acquired under subsection 7a7 and the information relating to the dialing1 routing1 addressing1 or signaling information of such communications may only be queried if the query is reasonably designed to return foreign intelligence information or evidence of a crime4 4 #ajc4 ,limitation on collection and improvements to targeting procedures and minimization procedures 7a7 ,targeting procedures2 limitation on collection ,section #gjb7;d7 7#ej ,u4,s4,c4 #ahha;a7d77 is amended-- 7#a7 in paragraph 7#a71 by striking ,the ,attorney ,general and inserting ,in accordance with paragraphs 7#c7 and 7#d71 the ,attorney ,general2 and 7#b7 by adding at the end the following new paragraphs3 7#c7 ,due diligence ,the procedures adopted in accordance with paragraph 7#a7 shall require due diligence in determining whether a person targeted is a non-,united ,states person reasonably believed to be located outside the ,united ,states by-- 7,a7 making the determination based on the totality of the circumstances1 including by1 to the extent practicable1 ensuring that any conflicting information regarding whether the person is reasonably believed to be located outside the ,united ,states or is a ,united ,states person is resolved before making such determination2 7,b7 documenting the processes used for determinations described in subparagraph 7,a72 and 7,c7 documenting the rationale for why targeting such person will result in the acquisition of foreign intelligence information authorized by subsection 7a74 7#d7 ,limitation 7,a7 ,in general ,the procedures adopted in accordance with paragraph 7#a7 shall require that the targeting of a person is limited to communications to or from the targeted person4 7,b7 ,annual report ,on an annual basis1 the ,attorney ,general shall submit to the congressional intelligence committees and the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report on-- 7i7 any difficulty relating to the limitation under subparagraph 7,a72 and 7ii7 the technical feasibility of ensuring that the handling of communications acquired under subsection 7a7 with respect to incidentally collected ,united ,states person information complies with the minimization procedures adopted under subsection 7e74 4 7b7 ,minimization procedures ,section #gjb7;e7 7#ej ,u4,s4,c4 #ahha;a7e77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 and the requirements of this subsection before the period at the end2 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,requests to unmask information ,the procedures adopted under paragraph 7#a7 shall include specific procedures adopted by the ,attorney ,general for elements of the intelligence community to submit requests to unmask information in disseminated intelligence reports4 ,such specific procedures shall-- 7,a7 require the documentation of the requesting individual that such request is for legitimate reasons authorized pursuant to paragraph 7#a72 and 7,b7 require the retention of the records of each request1 including-- 7i7 a copy of the request2 7ii7 the name and position of the individual who is making the request2 and 7iii7 if the request is approved1 the name and position of the individual who approved the request and the date of the approval4 4 7c7 ,unmask defined ,section #gja7;b7 7#ej ,u4,s4,c4 #ahha7;b77 is amended by adding at the end the following new paragraph3 7#f7 ,unmask ,the term unmask means1 with respect to a disseminated intelligence report containing a reference to a ,united ,states person that does not identify that person 7including by name or title71 to disseminate the identity of the ,united ,states person1 including the name or title of the person4 4 7d7 ,consistent requirements ,to retain records on requests ,to unmask information ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended as follows3 7#a7 ,in section #aja7;h7 7#ej ,u4,s4,c4 #ahja7;h77-- 7,a7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#e7 specific procedures as described in section #gjb7;e77#c74 4 7#b7 ,in section #cja7d7 7#ej ,u4,s4,c4 #ahba7d77-- 7,a7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,e7 specific procedures as described in section #gjb7;e77#c74 4 7#c7 ,in section #djb7;h7 7#ej ,u4,s4,c4 #ahdb7;h77-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,b7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 ,requests for nonpublicly available information ,the policies and procedures adopted under paragraph 7#a7 shall include specific procedures as described in section #gjb7;e77#c74 4 7#d7 ,in section #eja7;g77#b7 7#ej ,u4,s4,c4 #ahfa7;g77#b77-- 7,a7 in subparagraph 7,b71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,d7 specific procedures as described in section #gjb7;e77#c74 4 7e7 ,report on unmasking ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 the ,select ,committee on ,intelligence of the ,senate1 and the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report on the progress made by the ,director with respect to-- 7#a7 ensuring that incidentally collected communications of ,united ,states persons 7as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja77 are properly masked if masking is necessary2 and 7#b7 implementing procedures for requests to unmask information under section #gjb7;e77#c7 of such ,act 7#ej ,u4,s4,c4 #ahha;a7e77#c771 as added by subsection 7c74 #ajd4 ,publication of minimization procedures under section #gjb ,section #gjb7;e7 7#ej ,u4,s4,c4 #ahha;a7e771 as amended by section #ajc1 is further amended by adding at the end the following3 7#d7 ,publication ,the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 shall-- 7,a7 conduct a declassification review of any minimization procedures adopted or amended in accordance with paragraph 7#a72 and 7,b7 consistent with such review1 and not later than #ahj days after conducting such review1 make such minimization procedures publicly available to the greatest extent practicable1 which may be in redacted form4 4 #aje4 ,appointment of amicus curiae for annual certifications ,section #ajc7;i7 7#ej ,u4,s4,c4 #ahjc7;i77#b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,c7 by inserting after subparagraph 7,a7 the following new subparagraph 7,b73 7,b7 shall appoint an individual who has been designated under paragraph 7#a7 to serve as amicus curiae to assist such court in the review of a certification under section #gjb7;i71 unless the court issues a finding that such appointment is not necessary2 and 2 and 7#b7 in paragraphs 7#d7 and 7#e71 by striking paragraph 7#b77;,a7 both places it appears and inserting subparagraph 7,a7 or 7,b7 of paragraph 7#b74 #ajf4 ,increased accountability on incidentally collected communications ,section #gjg 7#ej ,u4,s4,c4 #ahha;f7 is amended by adding at the end the following new subsection3 7c7 ,incidentally collected communications and other information ,together with the semiannual report submitted under subsection 7a71 the ,director of ,national ,intelligence shall submit to the congressional committees specified in such subsection a report on incidentally collected communications and other information regarding ,united ,states persons under section #gjb4 ,each such report shall include1 with respect to the #f-month period covered by the report1 the following3 7#a7 ,except as provided by paragraph 7#b71 the number1 or a good faith estimate1 of communications of ,united ,states persons acquired under subsection 7a7 of such section1 including a description of any efforts of the intelligence community to ascertain such number or good faith estimate4 7#b7 ,if the ,director determines that the number1 or a good faith estimate1 under paragraph 7#a7 is not achievable1 a detailed explanation for why such number or good faith estimate is not achievable4 7#c7 ,the number of-- 7,a7 ,united ,states persons whose information is unmasked pursuant to the procedures adopted under subsection 7e77#c7 of such section2 7,b7 requests made by an element of the intelligence community1 listed by each such element1 to unmask information pursuant to such subsection2 and 7,c7 requests that resulted in the dissemination of names1 titles1 or other identifiers potentially associated with individuals pursuant to such subsection1 including the element of the intelligence community and position of the individual making the request4 7#d7 ,the number of disseminations of communications acquired under subsection 7a7 of section #gjb to the ,federal ,bureau of ,investigation for cases unrelated to foreign intelligence4 7#e7 ,the number of instances in which evidence of a crime unrelated to foreign intelligence that was identified in communications acquired under subsection 7a7 of section #gjb was disseminated from the national security branch of the ,bureau to the criminal investigative division of the ,bureau 7or from such successor branch to such successor division74 7#f7 ,the number of individuals to whom the ,attorney ,general has delegated authority pursuant to subsection 7j77#b77;,g7 of section #gjb4 4 #ajg4 ,semiannual reports on certain queries by ,federal ,bureau of ,investigation ,section #gjg 7#ej ,u4,s4,c4 #ahha;f71 as amended by section #ajf1 is further amended by adding at the end the following new subsection3 7d7 ,semiannual ,,fbi reports ,together with the semiannual report submitted under subsection 7a71 the ,director of the ,federal ,bureau of ,investigation shall submit to the congressional committees specified in such subsection1 and make publicly available1 a report containing1 with respect to the period covered by the report-- 7#a7 the number of applications made by the ,federal ,bureau of ,investigation described in subsection 7j77#a77;,a7 of section #gjb2 7#b7 the number of such applications that were approved and resulted in the contents of communications being accessed or disseminated pursuant to such subsection2 and 7#c7 the number of ,attorney ,general approvals made pursuant to subsection 7j77#d77;,a7 of such section4 4 #ajh4 ,additional reporting requirements 7a7 ,electronic surveillance ,section #ajg 7#ej ,u4,s4,c4 #ahjg7 is amended to read as follows3 #ajg4 ,report of electronic surveillance 7a7 ,annual report ,in ,april of each year1 the ,attorney ,general shall transmit to the ,administrative ,office of the ,united ,states ,courts and to ,congress a report setting forth with respect to the preceding calendar year-- 7#a7 the total number of applications made for orders and extensions of orders approving electronic surveillance under this title2 7#b7 the total number of such orders and extensions either granted1 modified1 or denied2 and 7#c7 the total number of persons who were subject to electronic surveillance conducted under an order or emergency authorization under this title1 rounded to the nearest #ejj1 including the number of such individuals who are ,united ,states persons1 reported to the nearest band of #ejj1 starting with #j-dii4 7b7 ,form ,each report under subsection 7a7 shall be submitted in unclassified form4 ,not later than #g days after the date on which the ,attorney ,general submits each such report1 the ,attorney ,general shall make the report publicly available4 4 7b7 ,pen registers and trap and trace devices ,section #djf 7#ej ,u4,s4,c4 #ahdf7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#f7 a good faith estimate of the total number of subjects who were targeted by the installation and use of a pen register or trap and trace device under an order or emergency authorization issued under this title1 rounded to the nearest #ejj1 including-- 7,a7 the number of such subjects who are ,united ,states persons1 reported to the nearest band of #ejj1 starting with #j-dii2 and 7,b7 of the number of ,united ,states persons described in subparagraph 7,a71 the number of persons whose information acquired pursuant to such order was reviewed or accessed by a ,federal officer1 employee1 or agent1 reported to the nearest band of #ejj1 starting with #j-dii4 2 and 7#b7 by adding at the end the following new subsection3 7c7 ,each report under subsection 7b7 shall be submitted in unclassified form4 ,not later than #g days after the date on which the ,attorney ,general submits such a report1 the ,attorney ,general shall make such report publicly available4 4 #aji4 ,application of certain amendments ,the amendments made by sections #aja1 #ajb1 and #ajc of this ,act shall apply with respect to applications1 certifications1 and procedures submitted to the ,foreign ,intelligence ,surveillance ,court on or after the date that is #abj days after the date of the enactment of this ,act4 #aaj4 ,sense of ,congress on purpose of section #gjb and respecting foreign nationals ,it is the sense of ,congress that-- 7#a7 the acquisition of communications by the ,national ,security ,agency under section #gjb of the ,foreign ,intelligence ,surveillance ,act 7#ej ,u4,s4,c4 #ahha;a7 should be conducted within the bounds of treaties and agreements to which the ,united ,states is a party1 and there should be no targeting of non-,united ,states persons for any unfounded discriminatory purpose or for the purpose of affording a commercial competitive advantage to companies and business sectors of the ,united ,states2 and 7#b7 the authority to collect intelligence under such section #gjb is meant to shield the ,united ,states1 and by extension1 the allies of the ,united ,states1 from security threats4 ,,ii ,safeguards and oversight of privacy and civil liberties #bja4 ,limitation on retention of certain data ,subsection 7m7 of section #gjb 7#ej ,u4,s4,c4 #ahha;a71 as redesignated by section #aja1 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d72 and 7#b7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 ,affidavit on deletion included in semiannual assessment to ,,fisc and ,congress ,each semiannual assessment under paragraph 7#a7 shall include1 with respect to the #f-month period covered by the assessment1 an affidavit by the ,director of the ,national ,security ,agency1 without delegation1 that communications acquired under subsection 7a7 determined not to contain foreign intelligence information1 if any1 were deleted4 4 #bjb4 ,improvements to ,privacy and ,civil ,liberties ,oversight ,board 7a7 ,appointment of staff ,subsection 7j7 of section #ajfa 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 ,if the position of chairman of the ,board is vacant1 during the period of the vacancy1 the ,board1 at the direction of the unanimous vote of the serving members of the ,board1 may exercise the authority of the chairman under paragraph 7#a74 4 7b7 ,meetings ,subsection 7f7 of such section 7#db ,u4,s4,c4 #bjjj;ee7f77 is amended-- 7#a7 by striking ,the ,board shall and inserting ,the ,board2 7#b7 in paragraph 7#a7 by striking make its and inserting shall make its2 and 7#c7 in paragraph 7#b7-- 7,a7 by striking hold public and inserting shall hold public2 and 7,b7 by inserting before the period at the end the following3 1 but may1 notwithstanding section #eeb;b of title #e1 ,united ,states ,code1 meet or otherwise communicate in any number to confer or deliberate in a manner that is closed to the public4 7c7 ,report on section #gjb and terrorism ,not later than #a year after the date on which the ,privacy and ,civil ,liberties ,oversight ,board first achieves a quorum following the date of the enactment of this ,act1 the ,board shall submit to the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate a report assessing-- 7#a7 how communications acquired under section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7 are used by the ,united ,states to prevent or defend against terrorism2 7#b7 whether technological challenges and changes in technology affect the prevention of and defense against terrorism1 and how effectively the foreign intelligence elements of the intelligence community 7as defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d777 have responded to those challenges2 and 7#c7 how privacy and civil liberties are affected by the actions identified under paragraph 7#a7 and the changes in technology identified under paragraph 7#b71 and whether race1 religion1 political affiliation1 or activities protected by the ,first ,amendment to the ,constitution of the ,united ,states are determinative in the targeting or querying decisions made pursuant to such section #gjb4 #bjc4 ,privacy and civil liberties officers 7a7 ,codification of certain officers ,section #ajfb7;a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee-#a7;a77 is amended in the matter preceding paragraph 7#a7 by inserting 1 the ,director of the ,national ,security ,agency1 the ,director of the ,federal ,bureau of ,investigation after the ,director of the ,central ,intelligence ,agency4 7b7 ,annual reports on incidental communications of ,united ,states persons ,paragraph 7#d77;,a7 of subsection 7m7 of section #gjb 7#ej ,u4,s4,c4 #ahha;a71 as redesignated by sections #aja and #bja1 is amended-- 7#a7 in clause 7iii71 by striking 2 and and inserting a semicolon2 7#b7 in clause 7iv71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new clause3 7v7 a review by the privacy and civil liberties officer of the element of incidentally collected communications of ,united ,states persons to assess compliance with the minimization procedures adopted under subsection 7e7 and the effect of this section on the privacy of ,united ,states persons4 4 #bjd4 ,whistleblower protections for contractors of the intelligence community 7a7 ,prohibited personnel practices in the intelligence community ,section #aajd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,contractor employee ,the term contractor employee means an employee of a contractor1 subcontractor1 grantee1 subgrantee1 or personal services contractor of a covered intelligence community element4 2 and 7,c7 in paragraph 7#d71 as so redesignated1 in the matter preceding subparagraph 7,a7 by inserting or a contractor employee of a covered intelligence community element after character72 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7#c7 by inserting after subsection 7b7 the following new subsection 7c73 7c7 ,contractor employees 7#a7 ,a contractor employee or employee of a covered intelligence community element who has authority to take1 direct others to take1 recommend1 or approve any personnel action1 shall not1 with respect to such authority1 take or fail to take a personnel action with respect to any contractor employee as a reprisal for a lawful disclosure of information by the contractor employee to the ,director of ,national ,intelligence 7or an employee designated by the ,director of ,national ,intelligence for such purpose71 the ,inspector ,general of the ,intelligence ,community1 the head of the contracting agency 7or an employee designated by the head of that agency for such purpose71 the appropriate inspector general of the contracting agency1 a congressional intelligence committee1 or a member of a congressional intelligence committee1 which the contractor employee reasonably believes evidences-- 7,a7 a violation of any ,federal law1 rule1 or regulation 7including with respect to evidence of another employee or contractor employee accessing or sharing classified information without authorization72 or 7,b7 mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety4 7#b7 ,a personnel action under paragraph 7#a7 is prohibited even if the action is undertaken at the request of an officer or employee of the applicable covered intelligence community element1 unless the request takes the form of a nondiscretionary directive and is within the authority of the officer or employee making the request4 7#c7 ,a contractor employee may raise a violation of paragraph 7#a7 in any proceeding to implement or challenge a personnel action described in such paragraph4 2 7#d7 in subsection 7b71 by striking the heading and inserting ,agency employees4--2 and 7#e7 in subsection 7e77#a71 as redesignated by paragraph 7#b71 by inserting contractor employee1 after any employee14 7b7 ,federal ,bureau of ,investigation 7#a7 ,in general ,any contractor employee or employee of the ,federal ,bureau of ,investigation who has authority to take1 direct others to take1 recommend1 or approve any personnel action1 shall not1 with respect to such authority1 take or fail to take a personnel action with respect to a contractor employee as a reprisal for a disclosure of information-- 7,a7 made-- 7i7 to a supervisor in the direct chain of command of the contractor employee1 up to and including the ,director of the ,federal ,bureau of ,investigation2 7ii7 to the ,inspector ,general of the ,department of ,justice2 7iii7 to the ,office of ,professional ,responsibility of the ,department of ,justice2 7iv7 to the ,office of ,professional ,responsibility of the ,federal ,bureau of ,investigation2 7v7 to the ,inspection ,division of the ,federal ,bureau of ,investigation2 7vi7 as described in section #gbaa of title #e1 ,united ,states ,code2 7vii7 to the ,office of ,special ,counsel2 or 7viii7 to an employee designated by any officer1 employee1 office1 or division described in clauses 7i7 through 7vii7 for the purpose of receiving such disclosures2 and 7,b7 which the contractor employee reasonably believes evidences-- 7i7 any violation of any law1 rule1 or regulation 7including with respect to evidence of another employee or contractor employee accessing or sharing classified information without authorization72 or 7ii7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety4 7#b7 ,actions by request ,a personnel action under paragraph 7#a7 is prohibited even if the action is undertaken at the request of an officer or employee of the ,federal ,bureau of ,investigation1 unless the request takes the form of a nondiscretionary directive and is within the authority of the officer or employee making the request4 7#c7 ,violation ,a contractor employee may raise a violation of paragraph 7#a7 in any proceeding to implement or challenge a personnel action described in such paragraph4 7#d7 ,regulations ,the ,attorney ,general shall prescribe regulations to ensure that a personnel action described in paragraph 7#a7 shall not be taken against a contractor employee of the ,bureau as a reprisal for any disclosure of information described in such paragraph4 7#e7 ,enforcement ,the ,president shall provide for the enforcement of this subsection in a manner consistent with applicable provisions of sections #abad and #abba of title #e1 ,united ,states ,code4 7#f7 ,definitions ,in this subsection3 7,a7 ,the term contractor employee means an employee of a contractor1 subcontractor1 grantee1 subgrantee1 or personal services contractor1 of the ,federal ,bureau of ,investigation4 7,b7 ,the term personnel action means any action described in clauses 7i7 through 7x7 of section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code1 with respect to a contractor employee4 7c7 ,retaliatory revocation of security clearances and access determinations ,section #cjja7;j7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;j77 is amended by adding at the end the following new paragraph3 7#h7 ,inclusion of contractor employees ,in this subsection1 the term employee includes an employee of a contractor1 subcontractor1 grantee1 subgrantee1 or personal services contractor1 of an agency4 ,with respect to such employees1 the term employing agency shall be deemed to be the contracting agency4 4 ,,iii ,extension of authorities1 increased penalties1 reports1 and other matters #cja4 ,extension of title ,,vii of ,,fisa2 effective dates 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#a7-- 7,a7 by striking ,december #ca1 #bjag and inserting ,september #cj1 #bjbc2 and 7,b7 by inserting and by the ,,usa ,liberty ,act of #bjag after section #aja7;a72 and 7#b7 in paragraph 7#b7 in the matter preceding subparagraph 7,a71 by striking ,december #ca1 #bjag and inserting ,september #cj1 #bjbc4 7b7 ,conforming amendments ,section #djd7;b7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #abb ,stat4 #bdgf7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the heading1 by striking ,december #ca1 #bjag and inserting ,september #cj1 #bjbc2 and 7,b7 by inserting and by the ,,usa ,liberty ,act of #bjag after section #aja7;a72 7#b7 in paragraph 7#b71 by inserting and by the ,,usa ,liberty ,act of #bjag after section #aja7;a72 and 7#c7 in paragraph 7#d7-- 7,a7 by inserting and amended by the ,,usa ,liberty ,act of #bjag after as added by section #aja7;a7 both places it appears2 and 7,b7 by inserting and by the ,,usa ,liberty ,act of #bjag after as amended by section #aja7;a7 both places it appears4 7c7 ,effective date of amendments to ,,faa ,the amendments made to the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa7 by this section shall take effect on the earlier of the date of the enactment of this ,act or ,december #ca1 #bjag4 #cjb4 ,increased penalty for unauthorized removal and retention of classified documents or material ,section #aibd7;a7 of title #ah1 ,united ,states ,code1 is amended by striking one year and inserting #e years4 #cjc4 ,rule of construction regarding criminal penalties for unauthorized use of information acquired under section #gjb and unauthorized disclosure of ,united ,states person information ,nothing in this ,act or the amendments made by this ,act may be construed to limit the application or effect of criminal penalties under section #eeb;a7i7 of title #e1 ,united ,states ,code1 sections #ajja1 #ajcj1 and #aibd of title #ah1 ,united ,states ,code1 or any other relevant provision of law1 with respect to offenses relating to the unauthorized access or use of information acquired under section #gjb of the ,foreign ,intelligence ,surveillance ,act 7#ej ,u4,s4,c4 #ahha;a7 or the unauthorized disclosure of ,united ,states person information acquired under such section4 #cjd4 ,comptroller ,general study on unauthorized disclosures and the classification system 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study of the unauthorized disclosure of classified information and the classification system of the ,united ,states4 7b7 ,matters included ,the study under subsection 7a7 shall address the following3 7#a7 ,insider threat risks to the unauthorized disclosure of classified information4 7#b7 ,the effect of modern technology on the unauthorized disclosure of classified information1 including with respect to-- 7,a7 using cloud storage for classified information2 and 7,b7 any technological means to prevent or detect such unauthorized disclosure4 7#c7 ,the effect of overclassification on the unauthorized disclosure of classified information4 7#d7 ,any ways to improve the classification system of the ,united ,states1 including with respect to changing the levels of classification used in such system and to reduce overclassification4 7#e7 ,how to improve the authorized sharing of classified information1 including with respect to sensitive compartmented information4 7#f7 ,the value of polygraph tests in determining who is authorized to access classified information4 7#g7 ,whether each element of the intelligence community 7as defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d777-- 7,a7 applies uniform standards in determining who is authorized to access classified information2 and 7,b7 provides proper training with respect to the handling of classified information and the avoidance of overclassification4 7c7 ,cooperation ,the heads of the intelligence community shall provide to the ,comptroller ,general information the ,comptroller ,general determines necessary to carry out the study under subsection 7a74 7d7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate a report containing the study under subsection 7a74 7e7 ,form ,the report under subsection 7d7 shall be submitted in unclassified form1 but may include a classified annex4 #cje4 ,sense of ,congress on information sharing among intelligence community to protect national security ,it is the sense of ,congress that1 in carrying out section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a71 as amended by this ,act1 the ,united ,states ,government should ensure that the barriers1 whether real or perceived1 to sharing critical foreign intelligence among the intelligence community that existed before ,september #aa1 #bjja1 are not reimposed by sharing information vital to national security among the intelligence community in a manner that is consistent with such section1 applicable provisions of law1 and the ,constitution of the ,united ,states4 #cjf4 ,sense of ,congress on combating terrorism ,it is the sense of ,congress that1 consistent with the protection of sources and methods1 when lawful and appropriate1 the ,president should share information learned by acquiring communications under section #gjb of the ,foreign ,intelligence ,surveillance ,act 7#ej ,u4,s4,c4 #ahha;a7 with allies of the ,united ,states to prevent and defend against terrorism4 #cjg4 ,technical amendments and amendments to improve procedures of the ,foreign ,intelligence ,surveillance ,court of ,review 7a7 ,technical amendments ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended as follows3 7#a7 ,in section #ajc7;b7 7#ej ,u4,s4,c4 #ahjc7;b771 by striking designate as the and inserting designated as the4 7#b7 ,in section #cjb7;a77#a77;,a77iii7 7#ej ,u4,s4,c4 #ahbb7;a77#a77;,a77iii771 by striking paragraphs 7#a7 through 7#d7 and inserting subparagraphs 7,a7 through 7,d74 7#c7 ,in section #djf7;b7 7#ej ,u4,s4,c4 #ahdf7;b771 by striking and to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate4 7#d7 ,in section #fjd7;a7 7#ej ,u4,s4,c4 #ahgd7;a77-- 7,a7 in paragraph 7#a77;,d71 by striking contents and inserting contents12 and 7,b7 in paragraph 7#c71 by striking comply in the into and inserting comply into4 7#e7 ,in section #gja 7#ej ,u4,s4,c4 #ahha7-- 7,a7 in subsection 7a71 by striking ,the terms and inserting ,in this title1 the terms2 and 7,b7 in subsection 7b7-- 7i7 by inserting ,in this title3 after the subsection heading2 and 7ii7 in paragraph 7#e71 by striking 7#ej ,u4,s4,c4 #dja;a7#d77 and inserting 7#ej ,u4,s4,c4 #cjjc7d774 7#f7 ,in section #gjb7;g77#b77;,a77i7 7#ej ,u4,s4,c4 #ahha;a7g77#b77;,a77i771 by inserting targeting before procedures in place4 7#g7 ,in section #hja7g7 7#ej ,u4,s4,c4 #ahhe7g771 by striking 7#ej ,u4,s4,c4 #dja;a7#d77 and inserting 7#ej ,u4,s4,c4 #cjjc7d774 7b7 ,court-,related amendments ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is further amended as follows3 7#a7 ,in section #ajc 7#ej ,u4,s4,c4 #ahjc7-- 7,a7 in subsection 7b71 by striking immediately2 and 7,b7 in subsection 7h71 by striking the court established under subsection 7a7 and inserting a court established under this section4 7#b7 ,in section #aje7;d7 7#ej ,u4,s4,c4 #ahje7;d771 by adding at the end the following new paragraph3 7#d7 ,a denial of the application made under section #ajd may be reviewed as provided in section #ajc4 4 7#c7 ,in section #cjb7;d7 7#ej ,u4,s4,c4 #ahbb7;d771 by striking immediately4 7#d7 ,in section #djb7;d7 7#ej ,u4,s4,c4 #ahdb7;d771 by adding at the end the following new paragraph3 7#c7 ,a denial of the application made under this subsection may be reviewed as provided in section #ajc4 4 7#e7 ,in section #djc7;c7 7#ej ,u4,s4,c4 #ahdc7;c771 by adding at the end the following new paragraph3 7#c7 ,a denial of the application made under subsection 7a77#b7 may be reviewed as provided in section #ajc4 4 7#f7 ,in section #eja7;c7 7#ej ,u4,s4,c4 #ahfa7;c771 by adding at the end the following new paragraph3 7#d7 ,a denial of the application made under this subsection may be reviewed as provided in section #ajc4 4 #cjh4 ,severability ,if any provision of this ,act1 any amendment made by this ,act1 or the application thereof to any person or circumstances is held invalid1 the validity of the remainder of the ,act1 of any such amendments1 and of the application of such provisions to other persons and circumstances shall not be affected thereby4 #cji4 ,rule of construction ,nothing in this ,act or the amendments made by this ,act shall be construed to authorize the acquisition1 querying1 retention1 dissemination1 or use of information not previously authorized under the ,,fisa ,amendments ,act of #bjjh or the amendments made by that ,act4