Pub. L. 110–261, title IV, § 403(b)(1),
Section 103(b) of the FISA Amendments Reauthorization Act of 2017, referred to in subsec. (b)(5), is section 103(b) of Pub. L. 115–118, which is set out as a note below.
This chapter, referred to in subsecs. (f)(1)(B) and (g)(2)(A)(iii), was in the original “this Act”, meaning Pub. L. 95–511,
Subsection (i), referred to in subsec. (h)(3), was redesignated subsection (j) of this section by Pub. L. 115–118, title I, § 101(a)(1)(A),
Subsection (g), referred to in subsec. (j)(1), was redesignated subsection (h) of this section by Pub. L. 115–118, title I, § 101(a)(1)(A),
Senate Resolution 400 of the 94th Congress, referred to in subsec. (l), was agreed to
2018—Subsec. (a). Pub. L. 115–118, § 101(b)(1)(A), substituted “with subsection (j)(3)” for “with subsection (i)(3)”.
Subsec. (b)(5), (6). Pub. L. 115–118, § 103(a), added par. (5) and redesignated former par. (5) as (6).
Subsec. (c)(1)(B). Pub. L. 115–118, § 101(b)(1)(B)(i), substituted “with subsection (h)” for “with subsection (g)”.
Subsec. (c)(2). Pub. L. 115–118, § 101(b)(1)(B)(ii), substituted “to subsection (j)(3)” for “to subsection (i)(3)”.
Subsec. (c)(3)(A). Pub. L. 115–118, § 101(b)(1)(B)(iii)(I), substituted “with subsection (h)” for “with subsection (g)”.
Subsec. (c)(3)(B). Pub. L. 115–118, § 101(b)(1)(B)(iii)(II), substituted “to subsection (j)(1)(C)” for “to subsection (i)(1)(C)” and “under subsection (j)” for “under subsection (i)”.
Subsec. (d)(2). Pub. L. 115–118, § 101(b)(1)(C), substituted “to subsection (j)” for “to subsection (i)”.
Subsec. (e)(2). Pub. L. 115–118, § 101(b)(1)(D), substituted “to subsection (j)” for “to subsection (i)”.
Subsec. (e)(3). Pub. L. 115–118, § 104, added par. (3).
Subsecs. (f) to (h). Pub. L. 115–118, § 101(a)(1), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. Former subsec. (h) redesignated (i).
Subsec. (h)(2)(A)(i). Pub. L. 115–118, § 205(a)(6), inserted “targeting” before “procedures in place” in introductory provisions.
Subsec. (h)(2)(A)(iii). Pub. L. 115–118, § 101(b)(1)(E)(i), substituted “with subsection (g)” for “with subsection (f)”.
Subsec. (h)(3). Pub. L. 115–118, § 101(b)(1)(E)(ii), substituted “with subsection (j)(1)(C)” for “with subsection (i)(1)(C)”.
Subsec. (h)(6). Pub. L. 115–118, § 101(b)(1)(E)(iii), substituted “to subsection (j)” for “to subsection (i)”.
Subsecs. (i), (j). Pub. L. 115–118, § 101(a)(1)(A), redesignated subsecs. (h) and (i) as (i) and (j), respectively. Former subsec. (j) redesignated (k).
Subsec. (j)(1). Pub. L. 115–118, § 101(b)(1)(F)(i), substituted “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)” for “targeting and minimization procedures adopted in accordance with subsections (d) and (e)” in subpars. (A) to (C).
Subsec. (j)(2)(A). Pub. L. 115–118, § 101(b)(1)(F)(ii)(I), substituted “with subsection (h)” for “with subsection (g)”.
Subsec. (j)(2)(D). Pub. L. 115–118, § 101(b)(1)(F)(ii)(II), added subpar. (D).
Subsec. (j)(3)(A). Pub. L. 115–118, § 101(b)(1)(F)(iii)(I), substituted “with subsection (h)” for “with subsection (g)” and “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)” for “targeting and minimization procedures adopted in accordance with subsections (d) and (e)”.
Subsec. (j)(3)(B). Pub. L. 115–118, § 101(b)(1)(F)(iii)(II), substituted “with subsection (h)” for “with subsection (g)” and “with subsections (d), (e), and (f)(1)” for “with subsections (d) and (e)” in introductory provisions.
Subsec. (j)(5)(A). Pub. L. 115–118, § 101(b)(1)(F)(iv), substituted “with subsection (h)” for “with subsection (g)” and “with subsections (d), (e), and (f)(1)” for “with subsections (d) and (e)”.
Subsecs. (k), (l). Pub. L. 115–118, § 101(a)(1)(A), redesignated subsecs. (j) and (k) as (k) and (l), respectively. Former subsec. (l) redesignated (m).
Subsec. (m). Pub. L. 115–118, §§ 101(a)(1)(A), 103(b)(5)(A), redesignated subsec. (l) as (m) and substituted “reviews, and reporting” for “and reviews” in heading.
Subsec. (m)(1). Pub. L. 115–118, § 101(b)(1)(G)(i), substituted “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)” for “targeting and minimization procedures adopted in accordance with subsections (d) and (e)” and “with subsection (g)” for “with subsection (f)” in introductory provisions.
Subsec. (m)(2)(A). Pub. L. 115–118, § 101(b)(1)(G)(ii), substituted “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)” for “targeting and minimization procedures adopted in accordance with subsections (d) and (e)” and “with subsection (g)” for “with subsection (f)”.
Subsec. (m)(4). Pub. L. 115–118, § 103(b)(5)(B), added par. (4).
2015—Subsec. (i)(3)(D). Pub. L. 114–23 added subpar. (D).
Pub. L. 115–118, title I, § 101(a)(2),
Pub. L. 110–261, title IV, § 403(b)(1),
Pub. L. 115–118, title I, § 103(b), “(1) In this subsection:“(A) The term ‘abouts communication’ means a communication that contains a reference to, but is not to or from, a target of an acquisition authorized under section 702(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(a)).“(B) The term ‘material breach’ means significant noncompliance with applicable law or an order of the Foreign Intelligence Surveillance Court concerning any acquisition of abouts communications.“(2) “(A) Notwithstanding any other provision of law, and except as provided in paragraph (4), if the Attorney General and the Director of National Intelligence intend to implement the authorization of the intentional acquisition of abouts communications, before the first such implementation after the date of enactment of this Act [“(B) During the 30-day period beginning on the date written notice is submitted under subparagraph (A), the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the written notice.“(C) Notwithstanding any other provision of law, and subject to paragraph (4), unless the Attorney General and the Director of National Intelligence make a determination pursuant to section 702(c)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(c)(2)), the Attorney General and the Director of National Intelligence may not implement the authorization of the intentional acquisition of abouts communications before the end of the period described in subparagraph (B).“(3) Written notice under paragraph (2)(A) shall include the following:“(A) A copy of any certification submitted to the Foreign Intelligence Surveillance Court pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), or amendment thereto, authorizing the intentional acquisition of abouts communications, including all affidavits, procedures, exhibits, and attachments submitted therewith.“(B) The decision, order, or opinion of the Foreign Intelligence Surveillance Court approving such certification, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion.“(C) A summary of the protections in place to detect any material breach.“(D) Data or other results of modeling, simulation, or auditing of sample data demonstrating that any acquisition method involving the intentional acquisition of abouts communications shall be conducted in accordance with title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.), if such data or other results exist at the time the written notice is submitted and were provided to the Foreign Intelligence Surveillance Court.“(E) Except as provided under paragraph (4), a statement that no acquisition authorized under subsection (a) of such section 702 shall include the intentional acquisition of an abouts communication until after the end of the 30-day period described in paragraph (2)(B).“(4) “(A) If the Attorney General and the Director of National Intelligence make a determination pursuant to section 702(c)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(c)(2)) with respect to the intentional acquisition of abouts communications, the Attorney General and the Director of National Intelligence shall notify the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives as soon as practicable, but not later than 7 days after the determination is made.“(B) “(i) If the Foreign Intelligence Surveillance Court approves a certification that authorizes the intentional acquisition of abouts communications before the end of the 30-day period described in paragraph (2)(B), the Attorney General and the Director of National Intelligence may authorize the immediate implementation or continuation of that certification if the Attorney General and the Director of National Intelligence jointly determine that exigent circumstances exist such that without such immediate implementation or continuation intelligence important to the national security of the United States may be lost or not timely acquired.