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Pub. L.
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Title II — Extension of Authorities, Increased Penalties, Reports, and Other Matters

115th Congress · Approved Jan 19, 2018 · 132 Stat. 3 · Lineage

TITLE II Extension of Authorities, Increased Penalties, Reports, and Other Matters

SEC. 201. Extension of Title Vii of Fisa; Effective Dates.

(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 “ December 31, 2023”; and
(B)
by inserting “ and by the FISA Amendments Reauthorization 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 “ December 31, 2023”.
(b)
Conforming Amendments.— Section 404(b) of the FISA Amendments Act of 2008 (Public Law 110–261; 122 Stat. 2476), as amended by section 101, is further amended—
(1)
in paragraph (1)—
(A)
in the heading, by striking “ December 31, 2017” and inserting “ December 31, 2023”; and
(B)
by inserting “ and by the FISA Amendments Reauthorization Act of 2017” after “ section 101(a)”;
(2)
in paragraph (2), by inserting “ and by the FISA Amendments Reauthorization Act of 2017” after “ section 101(a)”; and
(3)
in paragraph (4)—
(A)
by inserting “ and amended by the FISA Amendments Reauthorization Act of 2017” after “ as added by section 101(a)” both places it appears; and
(B)
by inserting “ and by the FISA Amendments Reauthorization Act of 2017” after “ as amended by section 101(a)” both places it appears.
(c)
Effective Date of Amendments to FAA.— The amendments made to the FISA Amendments Act of 2008 (Public Law 110–261) by this section shall take effect on December 31, 2017.

SEC. 203. Report on Challenges to the Effectiveness of Foreign Intelligence Surveillance.

(a)
Report.— Not later than 270 days after the date of the enactment of this Act, the Attorney General, in coordination with the Director of National Intelligence, 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 on current and future challenges to the effectiveness of the foreign intelligence surveillance activities of the United States authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(b)
Matters Included.— The report under subsection (a) shall include, at a minimum, the following:
(1)
A discussion of any trends that currently challenge the effectiveness of the foreign intelligence surveillance activities of the United States, or could foreseeably challenge such activities during the decade following the date of the report, including with respect to—
(A)
the extraordinary and surging volume of data occurring worldwide;
(B)
the use of encryption;
(C)
changes to worldwide telecommunications patterns or infrastructure;
(D)
technical obstacles in determining the location of data or persons;
(E)
the increasing complexity of the legal regime, including regarding requests for data in the custody of foreign governments;
(F)
the current and future ability of the United States to obtain, on a compulsory or voluntary basis, assistance from telecommunications providers or other entities; and
(G)
any other matters the Attorney General and the Director of National Intelligence determine appropriate.
(2)
Recommendations for changes, including, as appropriate, fundamental changes, to the foreign intelligence surveillance activities of the United States to address the challenges identified under paragraph (1) and to ensure the long-term effectiveness of such activities.
(3)
Recommendations for any changes to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that the Attorney General and the Director of National Intelligence determine necessary to address the challenges identified under paragraph (1).
(c)
Form.— The report under subsection (a) may be submitted in classified or unclassified form.

SEC. 204. Comptroller General Study on the Classification System and Protection of Classified Information.

(a)
Study.— The Comptroller General of the United States shall conduct a study of the classification system of the United States and the methods by which the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) protects classified information.
(b)
Matters Included.— The study under subsection (a) shall address the following:
(1)
Whether sensitive information is properly classified.
(2)
The effect of modern technology on the storage and protection of classified information, including with respect to—
(A)
using cloud storage for classified information; and
(B)
any technological means to prevent or detect unauthorized access to such information.
(3)
Any ways to improve the classification system of the United States, including with respect to changing the levels of classification used in such system and to reduce overclassification.
(4)
How to improve the authorized sharing of classified information, including with respect to sensitive compartmented information.
(5)
The value of polygraph tests in determining who is authorized to access classified information and in investigating unauthorized disclosures of classified information.
(6)
Whether each element of the intelligence community—
(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 and the avoidance of overclassification.
(c)
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).
(d)
Form.— The report under subsection (c) shall be submitted in unclassified form, but may include a classified annex.

SEC. 205. Technical Amendments and Amendments to Improve Procedures of the Foreign Intelligence Surveillance Court of Review.

(a)
Technical Amendments.— The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended as follows:
(1)
In section 103(b) (50 U.S.C. 1803(b)), by striking “ designate as the” and inserting “ designated as the”.
(2)
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)”.
(3)
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”.
(4)
In section 604(a) (50 U.S.C. 1874(a))—
(A)
in paragraph (1)(D), by striking “ contents” and inserting “ contents,”; and
(B)
in paragraph (3), by striking “ comply in the into” and inserting “ comply into”.
(5)
In section 701 (50 U.S.C. 1881)—
(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))”.
(6)
In section 702(h)(2)(A)(i) (50 U.S.C. 1881a(h)(2)(A)(i)), as redesignated by section 101, by inserting “ targeting” before “ procedures in place”.
(7)
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))”.
(b)
Court-related Amendments.— The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended as follows:
(1)
In section 103 (50 U.S.C. 1803)—
(A)
in subsection (b), by striking “ immediately”; and
(B)
in subsection (h), by striking “ the court established under subsection (a)” and inserting “ a court established under this section”.
(2)
In section 105(d) (50 U.S.C. 1805(d)), by adding at the end the following new paragraph:

“(4) A denial of the application made under section 104 may be reviewed as provided in section 103.”

(3)
In section 302(d) (50 U.S.C. 1822(d)), by striking “ immediately”.
(4)
In section 402(d) (50 U.S.C. 1842(d)), by adding at the end the following new paragraph:

“(3) A denial of the application made under this subsection may be reviewed as provided in section 103.”

(5)
In section 403(c) (50 U.S.C. 1843(c)), by adding at the end the following new paragraph:

“(3) A denial of the application made under subsection (a)(2) may be reviewed as provided in section 103.”

(6)
In section 501(c) (50 U.S.C. 1861(c)), by adding at the end the following new paragraph:

“(4) A denial of the application made under this subsection may be reviewed as provided in section 103.”

SEC. 206. 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.