Uniting and Strengthening American Liberty Act of 2017 or the USA Liberty Act of 2017
This bill amends the Foreign Intelligence Surveillance Act of 1978 to allow the contents of communications by persons outside of the United States to be accessed if the Department of Justice (DOJ) determines there is probable cause to believe that those contents may provide evidence of a crime.
Noncontent communication information may be accessed only if DOJ determines that the noncontent information is relevant to an authorized investigation or assessment.
DOJ must establish specific procedures when unmasking information is requested. (Unmasking means providing the identity of a U.S. person mentioned in an intelligence report that contains a reference to the person but does not identify the person.)
The National Security Act of 1947 is amended to prevent federal employees from taking any personnel action against a contractor employee who has made a lawful disclosure of information that the contractor employee believes provides evidence of a violation of federal law or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
The bill extends to September 30, 2023, the authorization of title VII of the Foreign Intelligence Surveillance Act (FISA), which allows DOJ and the Office of the Director of National Intelligence to jointly authorize the electronic surveillance of non-U.S. persons who are outside the United States.
The bill increases the criminal penalty (from one to up to five years imprisonment) for knowingly removing classified information without authority and with intent to retain such information at an unauthorized location and imposes a criminal penalty of up to one year imprisonment for negligently removing such information.
The bill directs the Government Accountability Office to study the unauthorized disclosure of classified information and the U.S. classification system.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3989 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3989
To amend the Foreign Intelligence Surveillance Act of 1978 to clarify
and improve the procedures and accountability for authorizing certain
acquisitions of foreign intelligence, to extend title VII of such Act,
to ensure that the barriers to sharing critical foreign intelligence
among the intelligence community that existed before September 11,
2001, are not reimposed, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 6, 2017
Mr. Goodlatte (for himself, Mr. Conyers, Mr. Sensenbrenner, Mr. Nadler,
Mr. Smith of Texas, Ms. Jackson Lee, Mr. Collins of Georgia, Mr.
Johnson of Georgia, Mr. Rutherford, Mr. Deutch, Mr. Chabot, Mr. Raskin,
and Mr. Johnson of Louisiana) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Oversight and Government Reform, Intelligence (Permanent
Select), and Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to clarify
and improve the procedures and accountability for authorizing certain
acquisitions of foreign intelligence, to extend title VII of such Act,
to ensure that the barriers to sharing critical foreign intelligence
among the intelligence community that existed before September 11,
2001, are not reimposed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniting and
Strengthening American Liberty Act of 2017'' or the ``USA Liberty Act
of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE AND ACCOUNTABILITY
Sec. 101. Court orders and protection of incidentally collected United
States person communications.
Sec. 102. Limitation on collection and improvements to targeting
procedures and minimization procedures.
Sec. 103. Publication of minimization procedures under section 702.
Sec. 104. Appointment of amicus curiae for annual certifications.
Sec. 105. Increased accountability on incidentally collected
communications.
Sec. 106. Semiannual reports on certain queries by Federal Bureau of
Investigation.
Sec. 107. Additional reporting requirements.
Sec. 108. Sense of Congress on purpose of section 702 and respecting
foreign nationals.
TITLE II--SAFEGUARDS AND OVERSIGHT OF PRIVACY AND CIVIL LIBERTIES
Sec. 201. Limitation on retention of certain data.
Sec. 202. Improvements to Privacy and Civil Liberties Oversight Board.
Sec. 203. Privacy and civil liberties officers.
Sec. 204. Whistleblower protections for contractors of the intelligence
community.
TITLE III--EXTENSION OF AUTHORITIES, INCREASED PENALTIES, REPORTS, AND
OTHER MATTERS
Sec. 301. Extension of title VII of FISA.
Sec. 302. Penalties for unauthorized removal and retention of
classified documents or material.
Sec. 303. Comptroller General study on unauthorized disclosures and the
classification system.
Sec. 304. Sense of Congress on information sharing among intelligence
community to protect national security.
Sec. 305. Sense of Congress on combating terrorism.
Sec. 306. Technical amendments.
Sec. 307. Severability.
TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE AND ACCOUNTABILITY
SEC. 101. COURT ORDERS AND PROTECTION OF INCIDENTALLY COLLECTED UNITED
STATES PERSON COMMUNICATIONS.
(a) In General.--Section 702 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
(1) by redesignating subsections (j) through (l) as
subsections (k) through (m), respectively; and
(2) by inserting after subsection (i) the following new
subsection (j):
``(j) Requirements for Access and Dissemination of Collections of
Communications.--
``(1) Court orders and other requirements.--
``(A) Court orders to access contents.--Except as
provided by subparagraph (C), in response to a query
for evidence of a crime, the contents of queried
communications acquired under subsection (a) may be
accessed or disseminated only upon--
``(i) an application by the Attorney
General to a judge of the Foreign Intelligence
Surveillance Court that describes the
determination of the Attorney General that--
``(I) there is probable cause to
believe that such contents may provide
evidence of a crime specified in
section 2516 of title 18, United States
Code (including crimes covered by
paragraph (2) of such section);
``(II) noncontents information
accessed or disseminated pursuant to
subparagraph (B) is not the sole basis
for such probable cause;
``(III) such queried communications
are relevant to an authorized
investigation or assessment, provided
that such investigation or assessment
is not conducted solely on the basis of
activities protected by the first
amendment to the Constitution of the
United States; and
``(IV) any use of such queried
communications pursuant to section 706
will be carried out in accordance with
such section; and
``(ii) an order of the judge approving such
application.
``(B) Relevance and supervisory approval to access
noncontents information.--Except as provided by
subparagraph (C), in response to a query for evidence
of a crime, the information of queried communications
acquired under subsection (a) relating to the dialing,
routing, addressing, signaling, or other similar
noncontents information may be accessed or disseminated
only upon a determination by the Attorney General
that--
``(i) such queried communications are
relevant to an authorized investigation or
assessment, provided that such investigation or
assessment is not conducted solely on the basis
of activities protected by the first amendment
to the Constitution of the United States; and
``(ii) any use of such queried
communications pursuant to section 706 will be
carried out in accordance with such section.
``(C) Exceptions.--The requirement for an order of
a judge pursuant to subparagraph (A) and the
requirement for a determination by the Attorney General
under subparagraph (B), respectively, shall not apply
to accessing or disseminating queried communications
acquired under subsection (a) if one or more of the
following conditions are met:
``(i) Such query is reasonably designed for
the primary purpose of returning foreign
intelligence information.
``(ii) The Attorney General makes the
determination described in subparagraph (A)(i)
and--
``(I) the person related to the
queried term is the subject of an order
or emergency authorization that
authorizes electronic surveillance or
physical search under this Act or title
18, United States Code; or
``(II) the Attorney General has a
reasonable belief that the life or
safety of a person is threatened and
such contents are sought for the
purpose of assisting that person.
``(iii) Pursuant to paragraph (5), the
person related to the queried term consents to
such access or dissemination.
``(D) 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 who is
related to a term used in a query of communications
acquired under subsection (a), the Attorney General may
only conduct such electronic surveillance using
authority provided under other provisions of law.
``(E) Simultaneous access of fbi databases.--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 accessed when the Bureau properly uses
an information system of the Bureau to determine
whether information exists in such a database.
Regardless of any positive result that may be returned
pursuant to such access, the requirements of this
subsection shall apply.
``(F) Delegation.--The Attorney General shall
delegate the authority under this paragraph to the
fewest number of officials that the Attorney General
determines practicable.
``(2) Authorized purposes for queries.--A collection of
communications acquired under subsection (a) may only be
queried for legitimate national security purposes or legitimate
law enforcement purposes.
``(3) Retention of auditable records.--The Attorney General
and each Director concerned shall retain records of queries
that return a positive result from a collection of
communications acquired under subsection (a). Such records
shall--
``(A) include such queries for not less than 5
years after the date on which the query is made; and
``(B) be maintained in a manner that is auditable
and available for congressional oversight.
``(4) Compliance and maintenance.--The requirements of this
subsection do not apply with respect to queries made for the
purpose of--
``(A) submitting to Congress information required
by this Act or otherwise ensuring compliance with the
requirements of this section; or
``(B) performing maintenance or testing of
information systems.
``(5) Consent.--The requirements of this subsection do not
apply with respect to--
``(A) queries made using a term relating to a
person who consents to such queries; or
``(B) the accessing or the dissemination of the
contents of queried communications of a person who
consents to such access or dissemination.
``(6) Director concerned.--In this subsection, the term
`Director concerned' means the following:
``(A) The Director of the National Security Agency,
with respect to matters concerning the National
Security Agency.
``(B) The Director of the Federal Bureau of
Investigation, with respect to matters concerning the
Federal Bureau of Investigation.
``(C) The Director of the Central Intelligence
Agency, with respect to matters concerning the Central
Intelligence Agency.
``(D) The Director of the National Counterterrorism
Center, with respect to matters concerning the National
Counterterrorism Center.''.
(b) Procedures.--Subsection (e) of such section (50 U.S.C.
1881a(e)) is amended by adding at the end the following new paragraph:
``(3) Certain procedures for querying.--The minimization
procedures adopted in accordance with paragraph (1) shall
describe a query reasonably designed for the primary purpose of
returning foreign intelligence information pursuant to
subsection (j)(1)(C)(i).''.
(c) Conforming Amendment.--Subsection (g)(2)(B) of such section (50
U.S.C. 1881a(g)(2)(B)) is amended by striking ``and (e)'' and inserting
``(e), and (j)''.
SEC. 102. LIMITATION ON COLLECTION AND IMPROVEMENTS TO TARGETING
PROCEDURES AND MINIMIZATION PROCEDURES.
(a) Targeting Procedures; Limitation on Collection.--Subsection (d)
of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881a(d)) is amended--
(1) in paragraph (1), by striking ``The Attorney General''
and inserting ``In accordance with paragraphs (3) and (4), the
Attorney General''; and
(2) by adding at the end the following new paragraphs:
``(3) Due diligence.--The procedures adopted in accordance
with paragraph (1) 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--
``(A) making the determination based on the
totality of the circumstances, including by, to the
extent practicable, 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
determination;
``(B) documenting the processes under subparagraph
(A); and
``(C) documenting the rationale for why targeting
such person will result in the acquisition of foreign
intelligence information authorized by subsection (a).
``(4) Limitation.--During the period preceding September
30, 2023, the procedures adopted in accordance with paragraph
(1) shall require that the targeting of a person is limited to
communications to or from the targeted person.''.
(b) Minimization Procedures.--Subsection (e) of such section (50
U.S.C. 1881a(e)), as amended by section 101, is further amended--
(1) in paragraph (1), by inserting ``, and the requirements
of this subsection'' before the period at the end; and
(2) by adding at the end the following new paragraph:
``(4) Requests to unmask information.--The procedures
adopted under paragraph (1) shall include specific procedures
adopted by the Attorney General for elements of the Federal
Government to submit requests to unmask information in
disseminated intelligence reports. Such specific procedures
shall--
``(A) require that an individual who is making the
request documents the rationale that such request is
for legitimate reasons authorized pursuant to paragraph
(1); and
``(B) require the requesting element of the Federal
Government to retain records of each request,
including--
``(i) a copy of the request;
``(ii) the name and position of the
individual who is making the request; and
``(iii) if the request is approved, the
name and position of the individual who
approved the request and the date of the
approval.''.
(c) Unmask Defined.--Section 701(b) of such Act (50 U.S.C. 1881(b))
is amended by adding at the end the following new paragraph:
``(6) Unmask.--The term `unmask' means, with respect to a
disseminated intelligence report containing a reference to a
United States person that does not identify that person
(including by name or title), to disseminate the identity of
the United States person, including the name or title of the
person.''.
(d) Consistent Requirements To Retain Records on Requests To Unmask
Information.--The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) is amended as follows:
(1) In section 101(h) (50 U.S.C. 1801(h))--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) specific procedures as described in section
702(e)(4).''.
(2) In section 301(4) (50 U.S.C. 1821(4))--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) specific procedures as described in section
702(e)(4).''.
(3) In section 402(h) (50 U.S.C. 1842(h))--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Requests for nonpublicly available information.--The
policies and procedures adopted under paragraph (1) shall
include specific procedures as described in section
702(e)(4).''.
(4) In section 501(g)(2) (50 U.S.C. 1861(g)(2))--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) specific procedures as described in section
702(e)(4).''.
(e) Report on Unmasking.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the Permanent Select Committee on Intelligence of the House
of Representatives, the Select Committee on Intelligence of the Senate,
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--
(1) ensuring that incidentally collected communications of
United States persons are properly masked if masking is
necessary; and
(2) implementing procedures for requests to unmask
information under section 702(e)(4) of such Act (50 U.S.C.
1881a(e)(4)), as added by subsection (c).
SEC. 103. PUBLICATION OF MINIMIZATION PROCEDURES UNDER SECTION 702.
Subsection (e) of section 702 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a(e)), as amended by sections
101 and 102, is further amended by adding at the end the following new
paragraph:
``(5) Publication.--The Director of National Intelligence,
in consultation with the Attorney General, shall--
``(A) conduct a declassification review of any
minimization procedures adopted or amended in
accordance with paragraph (1); and
``(B) consistent with such review, make such
minimization procedures publicly available to the
greatest extent practicable, which may be in redacted
form.''.
SEC. 104. APPOINTMENT OF AMICUS CURIAE FOR ANNUAL CERTIFICATIONS.
Section 103(i) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803(i)(2)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) shall appoint an individual who has been
designated under paragraph (1) to serve as amicus
curiae to assist such court in the review of a
certification under section 702(i), unless the court
issues a finding that such appointment is not
appropriate; and''; and
(2) in paragraphs (4) and (5), by striking ``paragraph
(2)(A)'' both places it appears and inserting ``subparagraph
(A) or (B) of paragraph (2)''.
SEC. 105. INCREASED ACCOUNTABILITY ON INCIDENTALLY COLLECTED
COMMUNICATIONS.
Section 707 of such Act (50 U.S.C. 1881f) is amended by adding at
the end the following new subsection:
``(c) Incidentally Collected Communications and Other
Information.--Together with the semiannual report submitted under
subsection (a), 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 702. Each such report shall
include, with respect to the 6-month period covered by the report, the
following:
``(1) Except as provided by paragraph (2), the number, or a
good faith estimate, of communications acquired under
subsection (a) of such section of known United States persons
that the National Security Agency positively identifies as such
in the ordinary course of its business, including a description
of any efforts of the intelligence community to ascertain such
number or good faith estimate.
``(2) If the Director determines that calculating the
number, or a good faith estimate, under paragraph (1) is not
achievable, a detailed explanation for why such calculation is
not achievable.
``(3) The number of--
``(A) United States persons whose information is
unmasked pursuant to subsection (e)(4) of such section;
``(B) requests made by an element of the Federal
Government, listed by each such element, to unmask
information pursuant to such subsection; and
``(C) requests that resulted in the dissemination
of names, titles, or other identifiers potentially
associated with individuals pursuant to such
subsection, including the element of the intelligence
community and position of the individual making the
request.
``(4) The number of disseminations of communications
acquired under subsection (a) of section 702 to the Federal
Bureau of Investigation for cases not pertaining to national
security or foreign intelligence.
``(5) The number of instances in which evidence of a crime
not pertaining to national security or foreign intelligence
that was identified in communications acquired under subsection
(a) of section 702 was disseminated from the national security
branch of the Bureau to the criminal investigative division of
the Bureau (or from such successor branch to such successor
division).''.
SEC. 106. SEMIANNUAL REPORTS ON CERTAIN QUERIES BY FEDERAL BUREAU OF
INVESTIGATION.
Section 707 of such Act (50 U.S.C. 1881f), as amended by section
105, is further amended by adding at the end the following new
subsection:
``(d) Semiannual FBI Reports.--Together with the semiannual report
submitted under subsection (a), the Director of the Federal Bureau of
Investigation shall submit to the congressional committees specified in
such subsection, and make publicly available, a report containing, with
respect to the period covered by the report, the number of queries made
by the Federal Bureau of Investigation described in subsection (j)(1)
of section 702 that resulted in communications being accessed or
disseminated pursuant to such subsection.''.
SEC. 107. ADDITIONAL REPORTING REQUIREMENTS.
(a) Electronic Surveillance.--Section 107 of such Act (50 U.S.C.
1807) is amended to read as follows:
``SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE.
``(a) Annual Report.--In April of each year, 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--
``(1) the total number of applications made for orders and
extensions of orders approving electronic surveillance under
this title;
``(2) the total number of such orders and extensions either
granted, modified, or denied; and
``(3) the total number of persons who were subject to
electronic surveillance conducted under an order or emergency
authorization under this title, rounded to the nearest 500,
including the number of such individuals who are United States
persons, reported to the nearest band of 500, starting with 0-
499.
``(b) Form.--Each report under subsection (a) shall be submitted in
unclassified form. Not later than 7 days after the date on which the
Attorney General submits each such report, the Attorney General shall
make the report publicly available.''.
(b) Pen Registers and Trap and Trace Devices.--Section 406 of such
Act (50 U.S.C. 1846) is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) a good faith estimate of the total number of persons
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 title, rounded to the nearest
500, including--
``(A) the number of such persons who are United
States persons, reported to the nearest band of 500,
starting with 0-499; and
``(B) of the number of United States persons
described in subparagraph (A), the number of persons
whose information acquired pursuant to such order was
reviewed or accessed by a Federal officer, employee, or
agent, reported to the nearest band of 500, starting
with 0-499.''; and
(2) by adding at the end the following new subsection:
``(c) Each report under subsection (b) shall be submitted in
unclassified form. Not later than 7 days after the date on which the
Attorney General submits such a report, the Attorney General shall make
such report publicly available.''.
SEC. 108. SENSE OF CONGRESS ON PURPOSE OF SECTION 702 AND RESPECTING
FOREIGN NATIONALS.
It is the sense of Congress that--
(1) the acquisition of communications by the National
Security Agency under section 702 of the Foreign Intelligence
Surveillance Act (50 U.S.C. 1881a) should respect the norms of
international comity by avoiding, both in actuality and
appearance, targeting of foreign individuals based on unfounded
discrimination or for the purpose of affording a commercial
competitive advantage to companies and business sectors of the
United States; and
(2) the collection of intelligence under such section 702
is meant to shield the United States, and by extension, the
allies of the United States, from foreign security threats.
TITLE II--SAFEGUARDS AND OVERSIGHT OF PRIVACY AND CIVIL LIBERTIES
SEC. 201. LIMITATION ON RETENTION OF CERTAIN DATA.
(a) Required Purging.--Subsection (e) of section 702 of the of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(e)), as
amended by title I, is further amended by adding at the end the
following new paragraph:
``(6) Limitation on retention.--
``(A) Period of retention and requirement for
purging.--Notwithstanding section 309 of the
Intelligence Authorization Act for Fiscal Year 2015 (50
U.S.C. 1813), except as provided by subparagraph (B),
the procedures adopted under paragraph (1) shall ensure
that any communications that do not contain foreign
intelligence information are purged by not later than
90 days after the date on which the communications are
determined to not contain foreign intelligence
information.
``(B) Waiver.--The Director of the National
Security Agency may waive the requirements of
subparagraph (A), on an individualized and specific
basis, if the Director determines that such waiver is
necessary to protect the national security of the
United States.''.
(b) Semiannual Assessment.--Subsection (m) of such section, as
redesignated by section 101, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Matters included in semiannual assessment to fisc and
congress.--Each semiannual assessment under paragraph (1) shall
include, with respect to the 6-month period covered by the
assessment, the following:
``(A) An affidavit by the Director of the National
Security Agency, without delegation, that
communications described in subsection (e)(6)(A) were
purged pursuant to such subsection.
``(B) The number of waivers made under subsection
(e)(6)(B), including a description of the purpose for
each such waiver.''.
SEC. 202. IMPROVEMENTS TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Appointment of Staff.--Subsection (j) of section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C.
2000ee(j)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Appointment in absence of chairman.--If the position
of chairman of the Board is vacant, during the period of the
vacancy, the Board, at the direction of the unanimous vote of
the serving members of the Board, may exercise the authority of
the chairman under paragraph (1).''.
(b) Meetings.--Subsection (f) of such section (42 U.S.C. 2000ee(f))
is amended--
(1) by striking ``The Board shall'' and inserting ``The
Board'';
(2) in paragraph (1) by striking ``make its'' and inserting
``shall make its''; and
(3) in paragraph (2)--
(A) by striking ``hold public'' and inserting
``shall hold public''; and
(B) by inserting before the period at the end the
following: ``, but may, notwithstanding section 552b of
title 5, United States Code, meet or otherwise
communicate in any number to confer or deliberate in a
manner that is closed to the public''.
(c) Report on Section 702 and Terrorism.--Not later than 1 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
Act, 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--
(1) how communications acquired under section 702 of the of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a) are used by the United States to prevent or defend
against terrorism;
(2) how technological challenges and changes in technology
affect such prevention and defense; and
(3) how privacy and civil liberties are affected by the
actions identified under paragraph (1) and the changes in
technology identified under paragraph (2).
SEC. 203. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) Codification of Certain Officers.--Section 1062(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C.
2000ee-1(a)) is amended by inserting ``, the Director of the National
Security Agency, the Director of the Federal Bureau of Investigation''
after ``the Director of the Central Intelligence Agency''.
(b) Annual Reports on Incidental Communications of Known United
States Persons.--Paragraph (4)(A) of subsection (m) of section 702 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as
redesignated by sections 101 and 201, is amended--
(1) in clause (iii), by striking ``; and'' and inserting a
semicolon;
(2) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(v) a review by the privacy and civil
liberties officer of the element of
incidentally collected communications of known
United States persons.''.
SEC. 204. WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE INTELLIGENCE
COMMUNITY.
(a) Prohibited Personnel Practices in the Intelligence Community.--
Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is
amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(4) Contractor employee.--The term `contractor employee'
means an employee of a contractor, subcontractor, grantee,
subgrantee, or personal services contractor, of a covered
intelligence community element.'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Contractor Employees.--(1) Any employee of an agency who has
authority to take, direct others to take, recommend, or approve any
personnel action, shall not, with respect to such authority, 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 (or an employee
designated by the Director of National Intelligence for such purpose),
the Inspector General of the Intelligence Community, the head of the
contracting agency (or an employee designated by the head of that
agency for such purpose), the appropriate inspector general of the
contracting agency, a congressional intelligence committee, or a member
of a congressional intelligence committee, which the contractor
employee reasonably believes evidences--
``(A) a violation of any Federal law, rule, or regulation
(including with respect to evidence of another employee or
contractor employee accessing or sharing classified information
without authorization); or
``(B) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety.
``(2) A personnel action under paragraph (1) is prohibited even if
the action is undertaken at the request of an agency official, unless
the request takes the form of a nondiscretionary directive and is
within the authority of the agency official making the request.'';
(4) in subsection (b), by striking the heading and
inserting ``Agency Employees.--''; and
(5) in subsection (e), as redesignated by paragraph (2), by
inserting ``contractor employee,'' after ``any employee,''.
(b) Federal Bureau of Investigation.--
(1) In general.--Any employee of the Federal Bureau of
Investigation who has authority to take, direct others to take,
recommend, or approve any personnel action, shall not, with
respect to such authority, take or fail to take a personnel
action with respect to a contractor employee as a reprisal for
a disclosure of information--
(A) made--
(i) to a supervisor in the direct chain of
command of the contractor employee, up to and
including the Director of the Federal Bureau of
Investigation;
(ii) to the Inspector General;
(iii) to the Office of Professional
Responsibility of the Department of Justice;
(iv) to the Office of Professional
Responsibility of the Federal Bureau of
Investigation;
(v) to the Inspection Division of the
Federal Bureau of Investigation;
(vi) as described in section 7211 of title
5, United States Code;
(vii) to the Office of Special Counsel; or
(viii) to an employee designated by any
officer, employee, office, or division
described in clauses (i) through (vii) for the
purpose of receiving such disclosures; and
(B) which the contractor employee reasonably
believes evidences--
(i) any violation of any law, rule, or
regulation (including with respect to evidence
of another employee or contractor employee
accessing or sharing classified information
without authorization); or
(ii) gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial
and specific danger to public health or safety.
(2) Actions by request.--A personnel action under paragraph
(1) is prohibited even if the action is undertaken at the
request of an official of the Bureau, unless the request takes
the form of a nondiscretionary directive and is within the
authority of the official making the request.
(3) Regulations.--The Attorney General shall prescribe
regulations to ensure that a personnel action described in
paragraph (1) shall not be taken against a contractor employee
of the Bureau as a reprisal for any disclosure of information
described in subparagraph (A) of such paragraph.
(4) Enforcement.--The President shall provide for the
enforcement of this subsection in a manner consistent with
applicable provisions of sections 1214 and 1221 of title 5,
United States Code.
(5) Definitions.--In this subsection:
(A) The term ``contractor employee'' means an
employee of a contractor, subcontractor, grantee,
subgrantee, or personal services contractor, of the
Federal Bureau of Investigation.
(B) The term ``personnel action'' means any action
described in clauses (i) through (x) of section
2302(a)(2)(A) of title 5, United States Code, with
respect to a contractor employee.
(c) Retaliatory Revocation of Security Clearances and Access
Determinations.--Section 3001(j) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) is amended by
adding at the end the following new paragraph:
``(8) Inclusion of contractor employees.--In this
subsection, the term `employee' includes an employee of a
contractor, subcontractor, grantee, subgrantee, or personal
services contractor, of an agency. With respect to such
employees, the term `employing agency' shall be deemed to be
the contracting agency.''.
TITLE III--EXTENSION OF AUTHORITIES, INCREASED PENALTIES, REPORTS, AND
OTHER MATTERS
SEC. 301. EXTENSION OF TITLE VII OF FISA.
(a) Extension.--Section 403(b) of the FISA Amendments Act of 2008
(Public Law 110-261; 122 Stat. 2474) is amended--
(1) in paragraph (1)--
(A) by striking ``December 31, 2017'' and inserting
``September 30, 2023''; and
(B) by inserting ``and by the USA Liberty Act of
2017'' after ``section 101(a)''; and
(2) in paragraph (2) in the matter preceding subparagraph
(A), by striking ``December 31, 2017'' and inserting
``September 30, 2023''.
(b) Conforming Amendments.--Section 404(b) of the FISA Amendments
Act of 2008 (Public Law 110-261; 122 Stat. 2476) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``December 31,
2017'' and inserting ``September 30, 2023''; and
(B) by inserting ``and by the USA Liberty Act of
2017'' after ``section 101(a)'';
(2) in paragraph (2), by inserting ``and by the USA Liberty
Act of 2017'' after ``section 101(a)''; and
(3) in paragraph (4)--
(A) by striking ``702(l)'' each place it appears
and inserting ``702(m)'';
(B) by inserting ``and amended by the USA Liberty
Act of 2017'' after ``as added by section 101(a)'' both
places it appears; and
(C) by inserting ``and by the USA Liberty Act of
2017'' after ``as amended by section 101(a)'' both
places it appears.
(c) Effective Date of Amendments to FISA and FAA.--The amendments
made to the FISA Amendments Act of 2008 (Public Law 110-261) by
subsections (a) and (b) and to the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) by titles I and II shall take
effect on the earlier of the date of the enactment of this Act or
December 31, 2017.
SEC. 302. PENALTIES FOR UNAUTHORIZED REMOVAL AND RETENTION OF
CLASSIFIED DOCUMENTS OR MATERIAL.
Section 1924 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``one year'' and
inserting ``five years'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Whoever, being an officer, employee, contractor, or
consultant of the United States, and, by virtue of his office,
employment, position, or contract, becomes possessed of documents or
materials containing classified information of the United States,
negligently removes such documents or materials without authority and
knowingly retains such documents or materials at an unauthorized
location shall be fined under this title or imprisoned for not more
than one year, or both.''.
SEC. 303. COMPTROLLER GENERAL STUDY ON UNAUTHORIZED DISCLOSURES AND THE
CLASSIFICATION SYSTEM.
(a) 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 States.
(b) Matters Included.--The study under subsection (a) shall address
the following:
(1) Insider threat risks to the unauthorized disclosure of
classified information.
(2) The effect of modern technology on the unauthorized
disclosure of classified information, including with respect
to--
(A) using cloud storage for classified information;
and
(B) any technological means to prevent or detect
such unauthorized disclosure.
(3) The effect of overclassification on the unauthorized
disclosure of classified information.
(4) Any ways to improve the classification system of the
United States, including with respect to changing the levels of
classification used in such system.
(5) How to improve the authorized sharing of classified
information, including with respect to sensitive compartmented
information.
(6) The value of polygraph tests in determining who is
authorized to access classified information.
(7) Whether each element of the intelligence community (as
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 3003(4)))--
(A) applies uniform standards in determining who is
authorized to access classified information; and
(B) provides proper training with respect to the
handling of classified information.
(c) 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 (a).
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, 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 (a).
(e) Form.--The report under subsection (d) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 304. SENSE OF CONGRESS ON INFORMATION SHARING AMONG INTELLIGENCE
COMMUNITY TO PROTECT NATIONAL SECURITY.
It is the sense of Congress that, in carrying out section 702 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as
amended by this Act, the United States Government should ensure that
the barriers, whether real or perceived, to sharing critical foreign
intelligence among the intelligence community that existed before
September 11, 2001, are not reimposed by sharing information vital to
national security among the intelligence community in a manner that is
consistent with such section, applicable provisions of law, and the
Constitution of the United States.
SEC. 305. SENSE OF CONGRESS ON COMBATING TERRORISM.
It is the sense of Congress that, consistent with the protection of
sources and methods, the President should share information learned by
acquiring communications under section 702 of the Foreign Intelligence
Surveillance Act (50 U.S.C. 1881a) with allies of the United States to
prevent and defend against terrorism.
SEC. 306. TECHNICAL AMENDMENTS.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended as follows:
(1) In section 302(a)(1)(A)(iii) (50 U.S.C.
1822(a)(1)(A)(iii)), by striking ``paragraphs (1) through (4)''
and inserting ``subparagraphs (A) through (D)''.
(2) In section 406(b) (50 U.S.C. 1846(b)), by striking
``and to the Committees on the Judiciary of the House of
Representatives and the Senate''.
(3) In section 604(a)(3) (50 U.S.C. 1874(a)(3)), by
striking ``comply in the into'' and inserting ``comply into''.
(4) In section 701--
(A) in subsection (a), by striking ``The terms''
and inserting ``In this title, the terms''; and
(B) in subsection (b)--
(i) by inserting ``In this title:'' after
the subsection heading; and
(ii) in paragraph (5), by striking ``(50
U.S.C. 401a(4))'' and inserting ``(50 U.S.C.
3003(4))''.
(5) In section 702(g)(2)(A)(i) (50 U.S.C.
1881a(g)(2)(A)(i)), by inserting ``targeting'' before
``procedures in place''.
(6) In section 801(7) (50 U.S.C. 1885(7)), by striking
``(50 U.S.C. 401a(4))'' and inserting ``(50 U.S.C. 3003(4))''.
SEC. 307. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application thereof to any person or circumstances is held invalid,
the validity of the remainder of the Act, of any such amendments, and
of the application of such provisions to other persons and
circumstances shall not be affected thereby.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government Reform, Intelligence (Permanent Select), and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government Reform, Intelligence (Permanent Select), and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government Reform, Intelligence (Permanent Select), and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government Reform, Intelligence (Permanent Select), and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Referred to the Subcommittee on Oversight and Management Efficiency.
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Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 8.