87–887 

113TH CONGRESS REPT. 113–452 " ! HOUSE OF REPRESENTATIVES 2d Session Part 2 

USA FREEDOM ACT 

MAY 15, 2014.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. ROGERS of Michigan, from the Permanent Select Committee on 

Intelligence, submitted the following 

R E P O R T 

[To accompany H.R. 3361] 

[Including cost estimate of the Congressional Budget Office] 

The Permanent Select Committee on Intelligence, to whom was 

referred the bill (H.R. 3361) to reform the authorities of the Federal Government to require the production of certain business 

records, conduct electronic surveillance, use pen registers and trap 

and trace devices, and use other forms of information gathering for 

foreign intelligence, counterterrorism, and criminal purposes, and 

for other purposes, having considered the same, report favorably 

thereon with an amendment and recommend that the bill as 

amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘USA FREEDOM Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 

TITLE I—FISA BUSINESS RECORDS REFORMS 

Sec. 101. Additional requirements for call detail records. 

Sec. 102. Emergency authority. 

Sec. 103. Prohibition on bulk collection of tangible things. 

Sec. 104. Judicial review of minimization procedures for the production of tangible things. 

Sec. 105. Liability protection. 

Sec. 106. Compensation for assistance. 

Sec. 107. Definitions. 

Sec. 108. Inspector general reports on business records orders. 

Sec. 109. Effective date. 

TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM 

Sec. 201. Prohibition on bulk collection. 

Sec. 202. Minimization procedures. 


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TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES REFORMS 

Sec. 301. Prohibition on reverse targeting. 

Sec. 302. Minimization procedures. 

Sec. 303. Limits on use of unlawfully obtained information. 

TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS 

Sec. 401. Appointment of amicus curiae. 

Sec. 402. Declassification of decisions, orders, and opinions. 

TITLE V—NATIONAL SECURITY LETTER REFORM 

Sec. 501. Prohibition on bulk collection. 

TITLE VI—FISA TRANSPARENCY AND REPORTING REQUIREMENTS 

Sec. 601. Additional reporting on orders requiring production of business records. 

Sec. 602. Business records compliance reports to Congress. 

Sec. 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered. 

Sec. 604. Public reporting by persons subject to FISA orders. 

Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. 

Sec. 606. Submission of reports under FISA. 

TITLE VII—SUNSETS 

Sec. 701. Sunsets. 

SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. 

Except as otherwise expressly provided, whenever in this Act an amendment or 

repeal is expressed in terms of an amendment to, or a repeal of, a section or other 

provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 

TITLE I—FISA BUSINESS RECORDS REFORMS 

SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS. 

(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is amended— 

(1) in subparagraph (A)— 

(A) in the matter preceding clause (i), by striking ‘‘a statement’’ and inserting ‘‘in the case of an application other than an application described 

in subparagraph (C), a statement’’; and 

(B) in clause (iii), by striking ‘‘; and’’ and inserting a semicolon; 

(2) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), 

respectively; and 

(3) by inserting after subparagraph (B) (as so redesignated) the following new 

subparagraph: 

‘‘(C) in the case of an application for the production of call detail records 

created on or after the date of the application, a statement of facts showing 

that— 

‘‘(i) there are reasonable grounds to believe that the call detail 

records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with 

subsection (a)(2) to protect against international terrorism; and 

‘‘(ii) there are facts giving rise to a reasonable, articulable suspicion 

that such specific selection term is associated with a foreign power or 

an agent of a foreign power; and’’. 

(b) ORDER.—Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended— 

(1) in subparagraph (D), by striking ‘‘; and’’ and inserting a semicolon; 

(2) in subparagraph (E), by striking the period and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(F) in the case of an application described in subsection (b)(2)(C), shall— 

‘‘(i) authorize the production of call detail records for a period not to 

exceed 180 days; 

‘‘(ii) provide that an order for such production may be extended upon 

application under subsection (b) and the judicial finding under paragraph (1); 

‘‘(iii) provide that the Government may require the production of call 

detail records— 

‘‘(I) using the specific selection term that satisfies the standard 

required under subsection (b)(2)(C)(ii) as the basis for production; 

and 

‘‘(II) using the results of the production under subclause (I) as 

the basis for production; 


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‘‘(iv) direct each person the Government directs to produce call detail 

records under the order to furnish the Government forthwith all information, facilities, or technical assistance necessary to accomplish the 

production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such 

person is providing to each subject of the production; and 

‘‘(v) direct the Government to destroy all call detail records produced 

under the order not later than 5 years after the date of the production 

of such records, except for records that are relevant to an authorized 

investigation (other than a threat assessment) conducted in accordance 

with subsection (a)(2) to protect against international terrorism.’’. 

SEC. 102. EMERGENCY AUTHORITY. 

(a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is amended by adding at the end 

the following new subsection: 

‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF TANGIBLE THINGS.— 

‘‘(1) Notwithstanding any other provision of this section, the Attorney General 

may require the emergency production of tangible things if the Attorney General— 

‘‘(A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can 

with due diligence be obtained; 

‘‘(B) reasonably determines that the factual basis for the issuance of an 

order under this section to approve such production of tangible things exists; 

‘‘(C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the 

emergency production of tangible things that the decision has been made 

to employ the authority under this subsection; and 

‘‘(D) makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable, but not later than 

7 days after the Attorney General requires the emergency production of 

tangible things under this subsection. 

‘‘(2) If the Attorney General authorizes the emergency production of tangible 

things under paragraph (1), the Attorney General shall require that the minimization procedures required by this section for the issuance of a judicial order 

be followed. 

‘‘(3) In the absence of a judicial order approving the production of tangible 

things under this subsection, the production shall terminate when the information sought is obtained, when the application for the order is denied, or after 

the expiration of 7 days from the time the Attorney General begins requiring 

the emergency production of such tangible things, whichever is earliest. 

‘‘(4) A denial of the application made under this subsection may be reviewed 

as provided in this section. 

‘‘(5) If such application for approval is denied, or in any other case where the 

production of tangible things is terminated and no order is issued approving the 

production, no information obtained or evidence derived from such production 

shall be received in evidence or otherwise disclosed in any trial, hearing, or 

other proceeding in or before any court, grand jury, department, office, agency, 

regulatory body, legislative committee, or other authority of the United States, 

a State, or political subdivision thereof, and no information concerning any 

United States person acquired from such production shall subsequently be used 

or disclosed in any other manner by Federal officers or employees without the 

consent of such person, except with the approval of the Attorney General if the 

information indicates a threat of death or serious bodily harm to any person. 

‘‘(6) The Attorney General shall assess compliance with the requirements of 

paragraph (5).’’. 

(b) CONFORMING AMENDMENT.—Section 501(d) (50 U.S.C. 1861(d)) is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by striking ‘‘pursuant to 

an order’’ and inserting ‘‘pursuant to an order issued or an emergency production required’’; 

(B) in subparagraph (A), by striking ‘‘such order’’ and inserting ‘‘such 

order or such emergency production’’; and 

(C) in subparagraph (B), by striking ‘‘the order’’ and inserting ‘‘the order 

or the emergency production’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘an order’’ and inserting ‘‘an order 

or emergency production’’; and 


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(B) in subparagraph (B), by striking ‘‘an order’’ and inserting ‘‘an order 

or emergency production’’. 

SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS. 

(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as amended by section 

101(a) of this Act, is further amended by inserting before subparagraph (B), as redesignated by such section 101(a) of this Act, the following new subparagraph: 

‘‘(A) a specific selection term to be used as the basis for the production 

of the tangible things sought;’’. 

(b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is amended— 

(1) in paragraph (2)(A), by striking the semicolon and inserting ‘‘, including 

each specific selection term to be used as the basis for the production;’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) No order issued under this subsection may authorize the collection of tangible 

things without the use of a specific selection term that meets the requirements of 

subsection (b)(2).’’. 

SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCEDURES FOR THE PRODUCTION OF TANGIBLE THINGS. 

Section 501(c)(1) (50 U.S.C. 1861(c)(1)) is amended by inserting after ‘‘subsections 

(a) and (b)’’ the following: ‘‘and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures 

under subsection (g)’’. 

SEC. 105. LIABILITY PROTECTION. 

Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows: 

‘‘(e) No cause of action shall lie in any court against a person who produces tangible things or provides information, facilities, or technical assistance pursuant to 

an order issued or an emergency production required under this section. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context.’’. 

SEC. 106. COMPENSATION FOR ASSISTANCE. 

Section 501 (50 U.S.C. 1861), as amended by section 102 of this Act, is further 

amended by adding at the end the following new subsection: 

‘‘(j) COMPENSATION.—The Government shall compensate, at the prevailing rate, a 

person for producing tangible things or providing information, facilities, or assistance in accordance with an order issued or an emergency production required under 

this section.’’. 

SEC. 107. DEFINITIONS. 

Section 501 (50 U.S.C. 1861), as amended by section 106 of this Act, is further 

amended by adding at the end the following new subsection: 

‘‘(k) DEFINITIONS.—In this section: 

‘‘(1) CALL DETAIL RECORD DEFINED.—The term ‘call detail record’— 

‘‘(A) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call; and 

‘‘(B) does not include— 

‘‘(i) the contents of any communication (as defined in section 2510(8) 

of title 18, United States Code); 

‘‘(ii) the name, address, or financial information of a subscriber or 

customer; or 

‘‘(iii) cell site location information. 

‘‘(2) SPECIFIC SELECTION TERM.—The term ‘specific selection term’ means a 

term used to uniquely describe a person, entity, or account.’’. 

SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS. 

Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 

(Public Law 109–177; 120 Stat. 200) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by inserting ‘‘and calendar years 2012 through 

2014’’ after ‘‘2006’’; 

(B) by striking paragraphs (2) and (3); 

(C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and 

(D) in paragraph (3) (as so redesignated)— 

(i) by striking subparagraph (C) and inserting the following new subparagraph: 


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‘‘(C) with respect to calendar years 2012 through 2014, an examination 

of the minimization procedures used in relation to orders under section 501 

of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) and 

whether the minimization procedures adequately protect the constitutional 

rights of United States persons;’’; and 

(ii) in subparagraph (D), by striking ‘‘(as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)))’’; 

(2) in subsection (c), by adding at the end the following new paragraph: 

‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.—Not later than December 31, 

2015, the Inspector General of the Department of Justice shall submit to the 

Committee on the Judiciary and the Select Committee on Intelligence of the 

Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the 

results of the audit conducted under subsection (a) for calendar years 2012 

through 2014.’’; 

(3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; 

(4) by inserting after subsection (c) the following new subsection: 

‘‘(d) INTELLIGENCE ASSESSMENT.— 

‘‘(1) IN GENERAL.—For the period beginning on January 1, 2012, and ending 

on December 31, 2014, the Inspector General of the Intelligence Community 

shall assess— 

‘‘(A) the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) to the 

activities of the intelligence community; 

‘‘(B) the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; 

‘‘(C) the minimization procedures used by elements of the intelligence 

community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and 

‘‘(D) any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the 

court established under section 103(a) of such Act (50 U.S.C. 1803(a)). 

‘‘(2) SUBMISSION DATE FOR ASSESSMENT.—Not later than December 31, 2015, 

the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate 

and the Committee on the Judiciary and the Permanent Select Committee on 

Intelligence of the House of Representatives a report containing the results of 

the assessment for calendar years 2012 through 2014.’’; 

(5) in subsection (e), as redesignated by paragraph (3)— 

(A) in paragraph (1)— 

(i) by striking ‘‘a report under subsection (c)(1) or (c)(2)’’ and inserting 

‘‘any report under subsection (c) or (d)’’; and 

(ii) by striking ‘‘Inspector General of the Department of Justice’’ and 

inserting ‘‘Inspector General of the Department of Justice, the Inspector General of the Intelligence Community, and any Inspector General 

of an element of the intelligence community that prepares a report to 

assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in complying with the requirements of this section’’; and 

(B) in paragraph (2), by striking ‘‘the reports submitted under subsections 

(c)(1) and (c)(2)’’ and inserting ‘‘any report submitted under subsection (c) 

or (d)’’; 

(6) in subsection (f), as redesignated by paragraph (3)— 

(A) by striking ‘‘The reports submitted under subsections (c)(1) and (c)(2)’’ 

and inserting ‘‘Each report submitted under subsection (c)’’; and 

(B) by striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection (e)(2)’’; and 

(7) by adding at the end the following new subsection: 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) INTELLIGENCE COMMUNITY.—The term ‘intelligence community’ has the 

meaning given that term in section 3 of the National Security Act of 1947 (50 

U.S.C. 3003). 

‘‘(2) UNITED STATES PERSON.—The term ‘United States person’ has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act 

of 1978 (50 U.S.C. 1801).’’. 

SEC. 109. EFFECTIVE DATE. 

The amendments made by sections 101 through 103 shall take effect on the date 

that is 180 days after the date of the enactment of this Act. 


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TITLE II—FISA PEN REGISTER AND TRAP AND 

TRACE DEVICE REFORM 

SEC. 201. PROHIBITION ON BULK COLLECTION. 

(a) PROHIBITION.—Section 402(c) (50 U.S.C. 1842(c)) is amended— 

(1) in paragraph (1), by striking ‘‘; and’’ and inserting a semicolon; 

(2) in paragraph (2), by striking the period and inserting a semicolon; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device 

is to be attached or applied; and’’. 

(b) DEFINITION.—Section 401 (50 U.S.C. 1841) is amended by adding at the end 

the following new paragraph: 

‘‘(4) The term ‘specific selection term’ has the meaning given the term in section 501.’’. 

SEC. 202. MINIMIZATION PROCEDURES. 

(a) DEFINITION.—Section 401 (50 U.S.C. 1841), as amended by section 201 of this 

Act, is further amended by adding at the end the following new paragraph: 

‘‘(5) The term ‘minimization procedures’ means— 

‘‘(A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register 

or trap and trace device to minimize the retention and prohibit the dissemination of nonpublicly available information concerning unconsenting United 

States persons consistent with the need of the United States to obtain, 

produce, and disseminate foreign intelligence information; 

‘‘(B) procedures that require that nonpublicly available information, 

which is not foreign intelligence information, as defined in section 101(e)(1), 

shall not be disseminated in a manner that identifies any United States 

person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and 

‘‘(C) notwithstanding subparagraphs (A) and (B), procedures that allow 

for the retention and dissemination of information that is evidence of a 

crime which has been, is being, or is about to be committed and that is to 

be retained or disseminated for law enforcement purposes.’’. 

(b) APPLICATION.—Section 402(c) (50 U.S.C. 1842(c)), as amended by section 201 

of this Act, is further amended by adding at the end the following new paragraph: 

‘‘(4) a statement of proposed minimization procedures.’’. 

(c) ORDER.—Section 402(d) (50 U.S.C. 1842(d)) is amended— 

(1) in paragraph (1), by inserting ‘‘and that the proposed minimization procedures meet the definition of minimization procedures under this title’’ before the 

period at the end; and 

(2) in paragraph (2)(B)— 

(A) in clause (ii)(II), by striking ‘‘; and’’ and inserting a semicolon; and 

(B) by adding at the end the following new clause: 

‘‘(iv) the minimization procedures be followed; and’’. 

(d) COMPLIANCE ASSESSMENT.—Section 402 (50 U.S.C. 1842) is amended by adding at the end the following new subsection: 

‘‘(h) At or before the end of the period of time for which the installation and use 

of a pen register or trap and trace device is approved under an order or an extension 

under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United 

States persons was retained or disseminated.’’. 

TITLE III—FISA ACQUISITIONS TARGETING 

PERSONS OUTSIDE THE UNITED STATES REFORMS 

SEC. 301. PROHIBITION ON REVERSE TARGETING. 

Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is amended by striking ‘‘the purpose’’ and 

inserting ‘‘a purpose’’. 

SEC. 302. MINIMIZATION PROCEDURES. 

Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amended— 

(1) by striking ‘‘that meet’’ and inserting the following: ‘‘that— 


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‘‘(A) meet’’; 

(2) in subparagraph (A) (as designated by paragraph (1) of this section), by 

striking the period and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) consistent with such definition, minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which 

the sender and all intended recipients are determined to be located in the 

United States and prohibit the use of any discrete, non-target communication that is determined to be to or from a United States person or a person 

who appears to be located in the United States, except to protect against 

an immediate threat to human life.’’. 

SEC. 303. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION. 

Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at the end the following new subparagraph: 

‘‘(D) LIMITATION ON USE OF INFORMATION.— 

‘‘(i) IN GENERAL.—Except as provided in clause (ii), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order 

under subparagraph (B) concerning any United States person shall be 

received in evidence or otherwise disclosed in any trial, hearing, or 

other proceeding in or before any court, grand jury, department, office, 

agency, regulatory body, legislative committee, or other authority of the 

United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the acquisition 

shall subsequently be used or disclosed in any other manner by Federal 

officers or employees without the consent of the United States person, 

except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. 

‘‘(ii) EXCEPTION.—If the Government corrects any deficiency identified 

by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information acquired before the date of the 

correction under such minimization procedures as the Court shall establish for purposes of this clause.’’. 

TITLE IV—FOREIGN INTELLIGENCE 

SURVEILLANCE COURT REFORMS 

SEC. 401. APPOINTMENT OF AMICUS CURIAE. 

Section 103 (50 U.S.C. 1803) is amended by adding at the end the following new 

subsection: 

‘‘(i) AMICUS CURIAE.— 

‘‘(1) AUTHORIZATION.—A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time— 

‘‘(A) shall appoint an individual to serve as amicus curiae to assist such 

court in the consideration of any application for an order or review that, 

in the opinion of the court, presents a novel or significant interpretation of 

the law, unless the court issues a written finding that such appointment 

is not appropriate; and 

‘‘(B) may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. 

‘‘(2) DESIGNATION.—The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, 

or any other area of law that may lend legal or technical expertise to the courts 

and who have been determined by appropriate executive branch officials to be 

eligible for access to classified information. 

‘‘(3) DUTIES.—An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court 

may authorize the individual appointed to serve as amicus curiae to review any 

application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. 

‘‘(4) NOTIFICATION.—The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1). 


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‘‘(5) ASSISTANCE.—A court established under subsection (a) or (b) may request 

and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection. 

‘‘(6) ADMINISTRATION.—A court established under subsection (a) or (b) may 

provide for the designation, appointment, removal, training, or other support for 

an individual appointed to serve as amicus curiae under paragraph (1) in a 

manner that is not inconsistent with this subsection.’’. 

SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS. 

(a) DECLASSIFICATION.—Title VI (50 U.S.C. 1871 et seq.) is amended— 

(1) in the heading, by striking ‘‘REPORTING REQUIREMENT’’ and inserting ‘‘OVERSIGHT’’; and 

(2) by adding at the end the following new section: 

‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND OPINIONS. 

‘‘(a) DECLASSIFICATION REQUIRED.—Subject to subsection (b), the Attorney General 

shall conduct a declassification review of each decision, order, or opinion issued by 

the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance 

Court of Review (as defined in section 601(e)) that includes a significant construction or interpretation of any provision of this Act and, consistent with that review, 

make publicly available to the greatest extent practicable each such decision, order, 

or opinion. 

‘‘(b) REDACTED FORM.—The Attorney General may satisfy the requirement under 

subsection (a) to make a decision, order, or opinion described in such subsection 

publicly available to the greatest extent practicable by making such decision, order, 

or opinion publicly available in redacted form. 

‘‘(c) NATIONAL SECURITY WAIVER.—The Attorney General may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if the Attorney General— 

‘‘(1) determines that a waiver of such requirement is necessary to protect the 

national security of the United States or properly classified intelligence sources 

or methods; and 

‘‘(2) makes publicly available an unclassified summary of such decision, order, 

or opinion.’’. 

(b) TABLE OF CONTENTS AMENDMENTS.—The table of contents in the first section 

is amended— 

(1) by striking the item relating to title VI and inserting the following new 

item: 

‘‘TITLE VI—OVERSIGHT’’; AND

(2) by inserting after the item relating to section 601 the following new item: 

‘‘Sec. 602. Declassification of significant decisions, orders, and opinions.’’. 

TITLE V—NATIONAL SECURITY LETTER 

REFORM 

SEC. 501. PROHIBITION ON BULK COLLECTION. 

(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL

RECORDS.—Section 2709(b) of title 18, United States Code, is amended in the matter 

preceding paragraph (1) by striking ‘‘may’’ and inserting ‘‘may, using a specific selection term as the basis for a request’’. 

(b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN INTELLIGENCE AND PROTECTIVE

PURPOSES.—Section 1114(a)(2) of the Right to Financial Privacy Act of 1978 (12 

U.S.C. 3414(a)(2)) is amended by striking the period and inserting ‘‘and a specific 

selection term to be used as the basis for the production and disclosure of financial 

records.’’. 

(c) DISCLOSURES TO FBI OF CERTAIN CONSUMER RECORDS FOR COUNTERINTELLIGENCE PURPOSES.—Section 626(a) of the Fair Credit Reporting Act (15 U.S.C. 

1681u(a)) is amended by striking ‘‘that information,’’ and inserting ‘‘that information 

that includes a specific selection term to be used as the basis for the production of 

that information,’’. 

(d) DISCLOSURES TO GOVERNMENTAL AGENCIES FOR COUNTERTERRORISM PURPOSES

OF CONSUMER REPORTS.—Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 

1681v(a)) is amended by striking ‘‘analysis.’’ and inserting ‘‘analysis and a specific 

selection term to be used as the basis for the production of such information.’’. 

(e) DEFINITIONS.— 


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(1) COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL

RECORDS.—Section 2709 of title 18, United States Code, is amended by adding 

at the end the following new subsection: 

‘‘(g) SPECIFIC SELECTION TERM DEFINED.—In this section, the term ‘specific selection term’ has the meaning given the term in section 501 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1861).’’. 

(2) ACCESS TO FINANCIAL RECORDS FOR CERTAIN INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 1114 of the Right to Financial Privacy Act of 1978 (12 

U.S.C. 3414) is amended by adding at the end the following new subsection: 

‘‘(e) In this section, the term ‘specific selection term’ has the meaning given the 

term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1861).’’. 

(3) DISCLOSURES TO FBI OF CERTAIN CONSUMER RECORDS FOR COUNTERINTELLIGENCE PURPOSES.—Section 626 of the Fair Credit Reporting Act (15 U.S.C. 

1681u) is amended by adding at the end the following new subsection: 

‘‘(n) SPECIFIC SELECTION TERM DEFINED.—In this section, the term ‘specific selection term’ has the meaning given the term in section 501 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1861).’’. 

(4) DISCLOSURES TO GOVERNMENTAL AGENCIES FOR COUNTERTERRORISM PURPOSES OF CONSUMER REPORTS.—Section 627 of the Fair Credit Reporting Act (15 

U.S.C. 1681v) is amended by adding at the end the following new subsection: 

‘‘(g) SPECIFIC SELECTION TERM DEFINED.—In this section, the term ‘specific selection term’ has the meaning given the term in section 501 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1861).’’. 

TITLE VI—FISA TRANSPARENCY AND 

REPORTING REQUIREMENTS 

SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF BUSINESS 

RECORDS. 

Section 502(b) (50 U.S.C. 1862(b)) is amended— 

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (5), (6), and 

(7), respectively; and 

(2) by inserting before paragraph (5) (as so redesignated) the following new 

paragraphs: 

‘‘(1) the total number of applications described in section 501(b)(2)(B) made 

for orders approving requests for the production of tangible things; 

‘‘(2) the total number of such orders either granted, modified, or denied; 

‘‘(3) the total number of applications described in section 501(b)(2)(C) made 

for orders approving requests for the production of call detail records; 

‘‘(4) the total number of such orders either granted, modified, or denied;’’. 

SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO CONGRESS. 

(a) BUSINESS RECORDS PRODUCTIONS.—Section 502(b) (50 U.S.C. 1862(b)), as 

amended by section 601 of this Act, is further amended— 

(1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), 

respectively; and 

(2) by inserting before paragraph (2) (as so redesignated) the following new 

paragraph: 

‘‘(1) any compliance reviews conducted by the Federal Government of the production of tangible things under section 501;’’. 

(b) FISA AUTHORITIES IN GENERAL.—Section 601(a) (50 U.S.C. 1871(a)) is amended— 

(1) in paragraph (4), by striking ‘‘; and’’ and inserting a semicolon; 

(2) in paragraph (5), by striking the period and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(6) any compliance reviews conducted by the Federal Government of electronic surveillance, physical searches, the installation of pen register or trap 

and trace devices, access to records, or acquisitions conducted under this Act.’’. 

SEC. 603. ANNUAL REPORT BY THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE 

UNITED STATES COURTS ON ORDERS ENTERED. 

(a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), as amended by section 402 of 

this Act, is further amended by adding at the end the following new section: 

‘‘SEC. 603. ANNUAL REPORT ON ORDERS ENTERED. 

‘‘The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee 


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on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and make publicly available on an Internet website— 

‘‘(1) the number of orders entered under each of sections 105, 304, 402, 501, 

702, 703, and 704; 

‘‘(2) the number of orders modified under each of those sections; 

‘‘(3) the number of orders denied under each of those sections; and 

‘‘(4) the number of appointments of an individual to serve as amicus curiae 

under section 103, including the name of each individual appointed to serve as 

amicus curiae.’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The table of contents in the first section, 

as amended by section 402 of this Act, is further amended by inserting after the 

item relating to section 602, as added by such section 402, the following new item: 

‘‘Sec. 603. Annual report on orders entered.’’. 

SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS. 

(a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), as amended by section 603 of 

this Act, is further amended by adding at the end the following new section: 

‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS. 

‘‘(a) REPORTING.—A person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures: 

‘‘(1) A report that aggregates the number of orders or directives the person 

was required to comply with in the following separate categories: 

‘‘(A) Criminal process, subject to no restrictions. 

‘‘(B) The number of national security letters received, reported in bands 

of 1000 starting with 0-999. 

‘‘(C) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999. 

‘‘(D) The number of orders under this Act for content, reported in bands 

of 1000 starting with 0-999. 

‘‘(E) With respect to content orders under this Act, in bands of 1000 starting with 0-999— 

‘‘(i) the number of customer accounts affected under orders under 

title I; and 

‘‘(ii) the number of customer selectors targeted under orders under 

title VII. 

‘‘(F) The number of orders under this Act for non-content, reported in 

bands of 1000 starting with 0-999. 

‘‘(G) With respect to non-content orders under this Act, in bands of 1000 

starting with 0-999— 

‘‘(i) the number of customer accounts affected under orders under— 

‘‘(I) title I; 

‘‘(II) title IV; 

‘‘(III) title V with respect to applications described in section 

501(b)(2)(B); and 

‘‘(IV) title V with respect to applications described in section 

501(b)(2)(C); and 

‘‘(ii) the number of customer selectors targeted under orders under 

title VII. 

‘‘(2) A report that aggregates the number of orders or directives the person 

was required to comply with in the following separate categories: 

‘‘(A) Criminal process, subject to no restrictions. 

‘‘(B) The total number of all national security process received, including 

all national security letters and orders under this Act, reported as a single 

number in a band of 0-249 and thereafter in bands of 250. 

‘‘(C) The total number of customer selectors targeted under all national 

security process received, including all national security letters and orders 

under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. 

‘‘(3) A report that aggregates the number of orders or directives the person 

was required to comply with in the following separate categories: 

‘‘(A) Criminal process, subject to no restrictions. 

‘‘(B) The number of national security letters received, reported in bands 

of 500 starting with 0-499. 

‘‘(C) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499. 

‘‘(D) The number of orders under this Act for content, reported in bands 

of 500 starting with 0-499. 


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‘‘(E) The number of customer selectors targeted under such orders, in 

bands of 500 starting with 0-499. 

‘‘(F) The number of orders under this Act for non-content, reported in 

bands of 500 starting with 0-499. 

‘‘(G) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499. 

‘‘(b) NATIONAL SECURITY LETTER DEFINED.—The term ‘national security letter’ 

means any of the following provisions: 

‘‘(1) Section 2709 of title 18, United States Code. 

‘‘(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 

U.S.C. 3414(a)(5)(A)). 

‘‘(3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act (15 

U.S.C. 1681u(a), 1681u(b)). 

‘‘(4) Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)).’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The table of contents in the first section, 

as amended by section 603 of this Act, is further amended by inserting after the 

item relating to section 603, as added by section 603 of this Act, the following new 

item: 

‘‘Sec. 604. Public reporting by persons subject to orders.’’. 

SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT. 

Section 601(c)(1) (50 U.S.C. 1871(c)) is amended to read as follows: 

‘‘(1) not later than 45 days after the date on which the Foreign Intelligence 

Surveillance Court or the Foreign Intelligence Surveillance Court of Review 

issues a decision, order, or opinion that includes a significant construction or 

interpretation of any provision of this Act or a denial of a request for an order 

or a modification of a request for an order, or results in a change of application 

of any provision of this Act or a new application of any provision of this Act— 

‘‘(A) a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; 

and 

‘‘(B) with respect to such decision, order, or opinion, a brief statement of 

the relevant background factual information, questions of law, legal analysis, and decision rendered; and’’. 

SEC. 606. SUBMISSION OF REPORTS UNDER FISA. 

(a) ELECTRONIC SURVEILLANCE.—Section 108(a)(1) (50 U.S.C. 1808(a)(1)) is 

amended by striking ‘‘the House Permanent Select Committee on Intelligence and 

the Senate Select Committee on Intelligence, and the Committee on the Judiciary 

of the Senate,’’ and inserting ‘‘the Permanent Select Committee on Intelligence and 

the Committee on the Judiciary of the House of Representatives and the Select 

Committee on Intelligence and the Committee on the Judiciary of the Senate’’. 

(b) PHYSICAL SEARCHES.—Section 306 (50 U.S.C. 1826) is amended— 

(1) in the first sentence, by striking ‘‘Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate,’’ and 

inserting ‘‘Permanent Select Committee on Intelligence and the Committee on 

the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate’’; and 

(2) in the second sentence, by striking ‘‘and the Committee on the Judiciary 

of the House of Representatives’’. 

(c) PEN REGISTER AND TRAP AND TRACE DEVICES.—Section 406(b) (50 U.S.C. 

1846(b)) is amended— 

(1) in paragraph (2), by striking ‘‘; and’’ and inserting a semicolon; 

(2) in paragraph (3), by striking the period and inserting a semicolon; and 

(3) by adding at the end the following new paragraphs: 

‘‘(4) each department or agency on behalf of which the Government has made 

application for orders approving the use of pen registers or trap and trace devices under this title; and 

‘‘(5) for each department or agency described in paragraph (4), a breakdown 

of the numbers required by paragraphs (1), (2), and (3).’’. 

(d) ACCESS TO CERTAIN BUSINESS RECORDS AND OTHER TANGIBLE THINGS.—Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ‘‘Permanent Select Committee 

on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate’’ and inserting ‘‘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’’. 


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1See ACLU v. Clapper, 959 F. Supp. 2d 724, 729 (S.D.N.Y. 2013) (citing The 9/11 Commission 

Report: The Final Report of the National Commission on Terrorist Attacks Upon the United 

States (2004)). 2Oversight of the Federal Bureau of Investigation: Hearing Before the H. Comm. on the Judiciary, 113th Cong. 26 (2013) (statement of Robert Mueller, Director, Federal Bureau of Investigation). 

TITLE VII—SUNSETS 

SEC. 701. SUNSETS. 

(a) USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005.—Section 

102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 

U.S.C. 1805 note) is amended by striking ‘‘June 1, 2015’’ and inserting ‘‘December 

31, 2017’’. 

(b) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.—Section 

6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 

U.S.C. 1801 note) is amended by striking ‘‘June 1, 2015’’ and inserting ‘‘December 

31, 2017’’. 

PURPOSE

The purpose of H.R. 3361 is to modernize the Foreign Intelligence Surveillance Act of 1978 (FISA) and other national security 

authorities to address public misperceptions of intelligence activities. 

BACKGROUND AND NEED FOR LEGISLATION

Until last year, the existence of a program to collect bulk telephone call detail records, also known as telephone metadata, under 

Section 215 of the USA PATRIOT Act was highly classified. The 

classified nature of the program stemmed from the simple fact that 

if our adversaries knew of the program and its capabilities, they 

would change their communications patterns so as to evade surveillance. The Committee has been aware of the bulk telephone 

metadata program since its inception and reauthorized Section 215 

in 2005, 2006, 2010, and 2011 because the program was a lawful 

and effective counterterrorism tool. If the program had been in 

place in 2001, the U.S. government potentially could have connected phone calls from an al Qaeda safe house in Yemen to Khalid 

al-Mihdhar, one of the September 11th hijackers inside the U.S.1

In the words of former FBI director Robert Mueller, finding 

Mihdhar ‘‘could have derailed the plan’’ and prevented the attacks.2

Since 2001, the program has helped prevent imminent attacks and 

quickly discover terrorist networks—or, equally as critical, confirm 

their absence—inside the U.S. We are all safer because the bulk 

telephone metadata program gives the government the ability to 

identify and track terrorist threats with speed and agility. 

Not only is the program effective, it is legal. Two presidential administrations of different parties and seventeen federal judges 

shared the Committee’s view of the program’s legality. There has 

not been a single case in which a government official engaged in 

a willful effort to circumvent or violate the restrictions on the use 

of telephone metadata. To the contrary, the Committee’s oversight 

has continuously revealed a strong culture of compliance and lawfulness among the men and women of the National Security Agency (NSA). 

However, following the unprecedented and unquantifiably damaging unauthorized disclosures of classified information, the DirecVerDate Mar 15 2010 09:22 May 16, 2014 Jkt 087887 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR452P2.XXX HR452P2

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tor of National Intelligence declassified many aspects of the bulk 

telephone metadata program. The unauthorized disclosure of this 

program and others caused incalculable damage to U.S. national 

security, much of which may not become apparent for years. Even 

so, the disclosures have caused public concern about the program, 

notwithstanding the care demonstrated by the NSA to abide by the 

law and to protect the constitutional rights of U.S. persons. This 

public concern led the Committee to consider ways to end the bulk 

collection of telephone metadata and enhance privacy and civil liberties while preserving as much of the operational effectiveness 

and flexibility of the program as possible. 

The Committee’s decision to end the bulk collection of telephone 

metadata does not extend to any other intelligence programs currently conducted under FISA, including access to business records 

through Section 215 for foreign intelligence, counterterrorism, and 

counterintelligence purposes, and the targeting of persons outside 

the United States under Section 702. The Committee remains of 

the view that these other forms of collection are effective, lawful, 

and subject to vigorous oversight and review by the Intelligence 

Community, the Department of Justice, Congress, and the courts. 

SCOPE OF COMMITTEE REVIEW

The Committee systematically reviews programs conducted 

under FISA on a ongoing basis through hearings, member briefings, and staff briefings to ensure that the Intelligence Community 

aggressively pursues foreign intelligence targets while respecting 

Americans’ privacy and civil liberties. 

In the 113th Congress, the Committee conducted 12 closed hearings and member briefings concerning FISA. Additionally, the 

Committee held open hearings on potential changes to FISA on 

June 18, 2013, and October 29, 2013. 

COMMITTEE STATEMENT AND VIEWS

Ban on bulk collection 

This bill first bans the bulk collection of tangible things under 

Section 215 of the USA PATRIOT Act. This ban is intended to stop 

the use of Section 215 to acquire bulk call detail records and to prohibit any future attempt to acquire bulk electronic communications 

records. The Committee recognizes that ‘‘bulk’’ collection means indiscriminate acquisition. It does not mean the acquisition of a large 

number of communications records or other tangible things—it 

would be nonsensical and dangerous for our intelligence agencies’ 

collection authorities to contract as the number of our adversaries 

expands. 

Second, this bill contains amendments to other collection authorities, including Section 402 of FISA and National Security Letter 

authorities. These amendments respond to concerns that those existing authorities could somehow contain a ‘‘loophole’’ that would 

permit the reconstitution of a bulk telephone records program. The 

Committee does not intend these prophylactic amendments to affect any programs currently authorized by Section 402 or the use 

of National Security Letters. 

This bill also makes technical amendments in Title III that are 

not designed to have a substantive impact on currently authorized 


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3The Committee understands that ‘‘[t]he first ‘hop’ from a seed returns results including all 

identifiers (and their associated metadata) with a contact and/or connection with the seed. The 

second ‘‘hop’’ returns results that include all identifiers (and their associated metadata) with a 

contact and/or connection with an identifier revealed by the first ‘hop.’’ ’ In re Application of the 

FBI for an Order Requiring the Production of Tangible Things, BR 14–01, at 1–2 n.1 (FISC Feb. 

5, 2014). 

intelligence activities conducted under Section 702 of FISA. Rather, 

the bill restates the existing prohibition on reverse targeting of 

U.S. persons through Section 702, codifies two portions of existing 

minimization procedures for certain types of communications acquired through Section 702, and prohibits the use in court of communications obtained through deficient Section 702 acquisitions. 

None of these changes are intended to alter activities currently 

conducted under Section 702. Rather, the changes are intended to 

provide statutory clarity about the scope of Section 702 and how it 

is and is not being used. 

Targeted call detail records collection 

Notwithstanding the effectiveness and legality of the bulk telephone metadata program, this bill creates a mechanism for a moretargeted authority for the prospective collection of call detail 

records for counterterrorism purposes. The government can continue to obtain specified historical call detail records through the 

existing Section 215 authority. Even so, the bill creates a new 

mechanism for obtaining prospective records on a continuing basis 

for up to 180 days when there are reasonable grounds to believe 

the call detail records are relevant to an authorized investigation 

to protect against international terrorism and there is a reasonable 

and articulable suspicion the records are associated with a foreign 

power or the agent of a foreign power. The new authority would 

allow the government to obtain two ‘‘hops’’ of call detail records, 

based on the reasonable and articulable suspicion determination 

made for the initial seed query.3

The bill also includes an emergency authority that allows the 

government to obtain records directly from telecommunications 

companies when a pressing threat does not leave enough time to 

seek judicial approval. The Committee intends this emergency authority to provide the flexibility necessary to protect the country 

from threats when judicial preapproval would result in data being 

lost or not acquired in enough time to be useful. 

The Committee does not intend these changes to affect any current uses of Section 215 outside of the bulk telephone metadata 

program, including the use of Section 215 to obtain call detail 

records related to foreign intelligence information not concerning a 

U.S. person or call detail records related to clandestine intelligence 

activities. 

Although the Committee believes the authority created by this 

bill will continue to have operational utility, the Intelligence Community will not have the same capability as it did under the existing bulk telephone metadata collection program. Speed and agility 

will be diminished, but a majority of our peers have determined 

that risk is acceptable in order to protect against perceived privacy 

violations. 


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FISA transparency provisions 

This bill also provides greater transparency for several FISA authorities while attempting not to compromise sensitive sources and 

methods of intelligence operations. Specifically, the bill requires the 

Director of National Intelligence and the Attorney General to declassify all significant opinions of the Foreign Intelligence Surveillance Court or, if national security prevents the declassification of 

the opinion even in redacted form, to publish an unclassified summary of the opinion. The bill also reinforces the court’s existing discretionary authority to appoint an amicus curiae in significant or 

novel cases and allows the recipients of FISA orders to publicly disclose how many orders they receive in certain bands. 

The bill extends the sunsets on three counterterrorism authorities from June 1, 2015, to December 31, 2017—Section 215, the 

‘‘roving wiretap’’ provision of the USA PATRIOT Act, and the ‘‘lone 

wolf’’ provision of the Intelligence Reform and Terrorism Prevention Act of 2004. This extension is based on the Committee’s view 

that these three authorities are effective national security tools 

subject to continuing oversight. 

The Committee’s work on this bill is not yet done. Although the 

Committee reported the bill to the House favorably, it did so in the 

interest of expediency and comity with other committees of the 

House. Members of the Committee will continue to work to make 

a number of important technical changes to ensure the preservation of operational equities before the full House considers the bill. 

These technical changes will ensure that the bill does not inadvertently disrupt important intelligence operations. 

COMMITTEE CONSIDERATION AND ROLL CALL VOTES

On May 8, 2014, The Committee considered the amendment in 

the nature of a substitute to H.R. 3361. The contents of the amendment in the nature of a substitute are described in the Section-bySection analysis and the Explanation of Amendment. 

Chairman Rogers offered an amendment to revise the emergency 

authority of Section 102, add Section 604, and make other technical 

changes. The amendment was agreed to by a voice vote. 

Mr. Schiff offered an amendment that would establish a public 

interest advocate for the Foreign Intelligence Surveillance Court, 

which he subsequently withdrew. 

Chairman Rogers then offered a motion to adopt the amendment 

in the nature of a substitute, as amended. The motion was agreed 

to by a voice vote. 

The Committee then adopted a motion by Chairman Rogers to favorably report the bill H.R. 3361 to the House, as amended. The 

motion was agreed to by a voice vote. 

SECTION-BY-SECTION ANALYSIS AND EXPLANATION OF AMENDMENT

TITLE I—FISA BUSINESS RECORD REFORMS

Sec. 101—Additional requirements for call detail records 

This section creates a new process for the prospective collection 

of call detail records. For counterterrorism purposes only, when the 

government has a reasonable and articulable suspicion that a specific selection term is associated with a foreign power or an agent 


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of a foreign power, it may apply to the FISA court for an order requiring the ongoing production of call detail records related to that 

specific selection term and two ‘‘hops’’ removed for a period not to 

exceed 180 days. The government may apply to renew these orders. 

Except for records that remain relevant to an authorized counterterrorism investigation, the government is required to destroy all 

information obtained under this program within five years of its 

production. 

This process created by this section applies solely to government 

requests for call detail records. It has no effect on government applications for any other type of tangible thing. 

Sec. 102—Emergency authority 

This section creates a new emergency authority for the use of 

Section 215. The Attorney General may authorize the emergency 

production of tangible things, provided that such an application is 

presented to the court within seven days. If the court denies an 

emergency application, the government may not use any of the information obtained under the emergency authority except in instances of a threat of death or serious bodily harm. 

Sec. 103—Prohibition on bulk collection of tangible things 

This section provides that Section 215 does not authorize the 

bulk collection of tangible things. 

Sec. 104—Judicial review of minimization procedures for the production of tangible things 

This section provides that the court may evaluate the adequacy 

of minimization procedures under Section 215. 

Sec. 105—Liability protection 

This section extends liability protections to third parties who provide information, facilities, or technical assistance to the government in compliance with an order issued under Section 215. This 

provision mirrors the liability provisions in Titles I and VII of 

FISA. 

Sec. 106—Compensation for assistance 

This section expressly permits the government to compensate 

third parties for producing tangible things or providing information, facilities, or assistance in accordance with an order issue 

under Section 215. 

Sec. 107—Definitions 

This section provides a definition for the terms ‘‘call detail 

records’’ and ‘‘specific selection term.’’ The term ‘‘call detail records’’ 

is defined to mean a telephone number, an International Mobile 

Subscriber Identity number, an International Mobile Station 

Equipment Identity number, a telephone calling card number, or 

the time or duration of a call. The term does not include the contents of any communication; names, addresses, or financial information; or cell site location information. 

The term ‘‘specific selection term’’ is defined to mean a term used 

to uniquely describe a person, entity, or account. 


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Sec. 108—Inspector general reports on business records orders 

This section requires the Inspector General of the Department of 

Justice to conduct a comprehensive review of the use of Section 215 

with respect to calendar years 2012 to 2014. Also requires the Inspector General of the Intelligence Community to assess the value 

and use of intelligence obtained under Section 215 over the same 

period. 

Sec. 109—Effective date 

This section provides that the new telephone metadata program, 

the new Section 215 emergency authority, and the prohibition on 

bulk collection of tangible things under Section 215 take effect 180 

days after enactment. 

TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

Sec. 201—Prohibition on bulk collection 

This section provides that the pen register and trap and trace device authority may not be used without a specific selection term as 

the basis for selecting the telephone line or other facility to which 

the pen register or trap and trace devices is to be attached or applied. The Committee does not intend this change to affect any current uses of the pen register and trap and trace device authority. 

Sec. 202—Minimization procedures 

This section requires that the government adopt procedures that 

are reasonably designed to minimize the retention and prohibit the 

dissemination of nonpublic information about United States persons. This section also explicitly authorizes the court to assess compliance with these procedures while a pen register and trap and 

trace device is in use. 

TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE

UNITED STATES REFORMS

Sec. 301—Prohibition on reverse targeting 

This section restates the prohibition on reverse targeting by providing that the government may not intentionally target a person 

under Section 702 in order to target a person reasonably believed 

to be in the United States. The Committee does not intend this 

change to affect any currently authorized uses of Section 702. 

Sec. 302—Minimization procedures 

This section codifies existing procedures that require the government to prohibit the retention and dissemination of wholly domestic communications captured under Section 702. The Committee 

does not intend this change to affect any currently authorized uses 

of Section 702. 

Sec. 303—Limits on use of unlawfully obtained information 

This section provides that the government may not use information acquired outside the scope of court-approved targeting and 

minimization procedures in legal proceedings. 


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TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401—Appointment of amicus curiae 

This section provides that both the FISA Court and the FISA 

Court of Review may appoint an individual to serve as amicus curiae in a case involving a novel or significant interpretation of law. 

The presiding judges of the courts will designate not less than five 

individuals who are eligible to serve as amicus curiae. These individuals shall possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area of law 

that may lend legal or technical expertise to the courts, and shall 

possess appropriate security clearances. 

Sec. 402—Declassification of decisions, orders, and opinions 

This section requires the Attorney General, to conduct a declassification review of each decision, order, or opinion of the FISA 

court that includes a significant construction or interpretation of 

law. If necessary to protect national security, the Attorney General 

may waive this requirement so long as it provides an unclassified 

summary of the decision. The Committee expects the Attorney General to consult with the classification authority for court opinions, 

the Director of National Intelligence, as appropriate. 

TITLE V—NATIONAL SECURITY LETTER REFORM

Sec. 501—Prohibition on bulk collection 

This section prohibits the use of various National Security Letter 

authorities without the use of a specific selection term as the basis 

for the National Security Letter request. The Committee does not 

expect this change to affect any current authorized uses of National 

Security Letters. 

TITLE VI—FISA TRANSPARENCY AND REPORTING REQUIREMENTS

Sec. 601—Additional reporting on orders requiring production of 

business records 

In addition to existing annual reporting requirements, this section requires the government to report on the number of requests 

made for call detail records under the new telephone metadata program. 

Sec. 602—Business records compliance reports to Congress 

This section requires the government to provide to Congress any 

compliance reports related to the use of Section 215. 

Sec. 603—Annual report by the Director of the Administrative Office 

of the United States Courts on orders entered 

This section requires the Director of the Administrative Office of 

the United States Courts to make an annual report on the number 

of orders issued under sections 105, 304, 402, 501, 702, 703, and 

704 of FISA, as well as the number of appointments of individuals 

to serve as amicus curiae to the FISA court. 


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Sec. 604—Public reporting by persons subject to FISA orders 

This section allows persons subject to FISA orders to choose one 

of three options to publicly report, within certain bands, how many 

orders they receive over a six-month period. 

Sec. 605—Reporting requirements for decisions of the Foreign Intelligence Surveillance Court 

This section requires the Attorney General to provide to the relevant committees, within 45 days of each decision, order, or opinion 

that includes a significant construction or interpretation, a copy of 

each such decision and a brief statement of the relevant background. 

Sec. 606—Submission of reports under FISA 

This section includes the House Judiciary Committee in several 

existing reporting requirements. 

TITLE VII—SUNSETS

Sec. 701—Sunsets 

This section aligns the three sun-setting provisions, including: (1) 

business records (section 215 of the USA PATRIOT Act); (2) roving 

wiretaps (section 206 of the USA PATRIOT Act); and (3) lone wolf 

(section 6001(a) of IRTPA), with the sunset of the FISA Amendment Act Reauthorization Act on December 31, 2017. 

OVERSIGHT FINDINGS AND RECOMMENDATIONS

With respect to clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee held multiple closed 

hearings and briefings on the classified intelligence programs affected by H.R. 3361. The Committee also held open hearings on 

June 18, 2013, and October 29, 2013, on potential changes to the 

Foreign Intelligence Surveillance Act. The bill, as reported by the 

Committee, reflects conclusions reached by the Committee in light 

of this oversight activity. 

GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal and objective of H.R. 3361 is to modernize intelligence 

collection and increase transparency under the Foreign Intelligence 

Surveillance Act of 1978. These activities enhance the national security of the United States, support and assist the armed forces of 

the United States, and support the President in the execution of 

the foreign policy of the United States. 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement of whether the 

provisions of the reported bill include unfunded mandates. In compliance with this requirement, the Committee has received a letter 

from the Congressional Budget Office included herein. 


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STATEMENT ON CONGRESSIONAL EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee states that the bill as reported 

contains no congressional earmarks, limited tax benefits, or limited 

tariff benefits. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives and section 402 of the Congressional 

Budget Act of 1974, the Committee has received the following cost 

estimate for H.R. 3361 from the Director of the Congressional 

Budget Office. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 14, 2014. 

Hon. MIKE ROGERS, 

Chairman, Permanent Select Committee on Intelligence, 

House of Representatives, Washington, DC. 

DEAR MR. CHARIMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3361, the USA FREEDOM Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jason Wheelock. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas W. Elmendorf, Director). 

Enclosure. 

H.R. 3361—USA FREEDOM Act 

H.R. 3361 would make several amendments to investigative and 

surveillance authorities of the United States government, and 

would specify the conditions under which the federal government 

may conduct certain types of surveillance. CBO does not provide estimates for classified programs; therefore, this estimate addresses 

only the unclassified aspects of the bill. On that limited basis, CBO 

estimates implementing H.R. 3361 would cost approximately $15 

million over the 2015–2019 period, subject to the appropriation of 

the necessary amounts. 

Enacting H.R. 3361 also could affect direct spending and revenues; therefore, pay-as-you-go procedures apply. The bill could potentially result in additional criminal penalties because it would 

extend for two years the authority of the government to conduct 

surveillance in certain instances. Such penalties are recorded as 

revenues, deposited in the Crime Victims Fund, and later spent. 

However, CBO anticipates that any amounts collected would be 

minimal and the net impact would be insignificant. 

Effects on the Federal Budget 

The bill would amend the Foreign Intelligence Surveillance Act 

(FISA). Those amendments would affect the operations of the Foreign Intelligence Surveillance Court (FISC) and the Judiciary. 

First, H.R. 3361 would permit the FISC to appoint an amicus cuVerDate Mar 15 2010 09:22 May 16, 2014 Jkt 087887 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR452P2.XXX HR452P2

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riae, or ‘‘friend of the court,’’ to assist the court when the government makes an application under FISA that presents a novel or 

significant interpretation of FISA. Second, the bill would limit collection of telephone call records, thereby requiring the intelligence 

agencies—acting through the Department of Justice—to seek additional warrants from the FISC to access such data. Finally, the bill 

would require an annual report by the Director of the Administrative Office of the U.S. Courts (AOUSC), providing data on certain 

types of FISA orders. Based on information from the AOUSC, CBO 

estimates that implementing those requirements would cost approximately $5 million over the 2015–2019 period, assuming appropriation of the necessary amounts. 

In addition, the bill would require federal agencies to conduct 

several program assessments and reviews, and would establish new 

reporting requirements. Section 108 would require the Inspectors 

General of the Justice Department and the Intelligence Community 

to assess the effectiveness of the surveillance programs affected by 

the bill; section 402 would require the Attorney General to conduct 

declassification reviews of certain court decisions, orders, and opinions related to FISA. CBO estimates that fulfilling these and other 

reporting requirements in the bill would cost approximately $10 

million over the 2015–2019 period, assuming appropriation of the 

necessary amounts. 

Intergovernmental and private-sector mandates 

The bill would impose two mandates, as defined in the Unfunded 

Mandates Reform Act (UMRA), on both private and governmental 

entities. First, the bill would expand liability protections and limit 

the ability of plaintiffs to sue in cases where a defendant provides 

information to the federal government pursuant to a FISA order. 

Second, it would require entities, when compelled to provide information about telephone calls to federal officials, to protect the secrecy of the records and to minimize any disruption of services. 

CBO estimates that the costs of those mandates would be small. 

The change in expanded liability protection is a slight modification 

to current law, and CBO estimates that the elimination of any 

legal right of action for future plaintiffs would affect a limited number of potential lawsuits. Information from the Department of Justice indicates that public entities receive few requests for call 

records, and the cost to those entities of providing that information 

is negligible. In addition, since public and private entities already 

take action to protect private information in complying with requests from the federal government and such entities would be 

fully compensated by the government at the prevailing rate for the 

services they provide, the costs to those entities would be insignificant. Consequently, CBO estimates that the total costs of all mandates in the bill would fall well below the intergovernmental and 

private-sector thresholds established in UMRA ($76 million and 

$152 million in 2014, respectively, adjusted annually for inflation). 

Previous CBO estimate 

On May 7, 2014, the House Committee on the Judiciary ordered 

reported a similar version of H.R. 3361. CBO’s cost estimates for 

both versions are the same. 


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Staff contacts 

The CBO staff contacts for this estimate are Jason Wheelock (for 

federal costs), J’nell L. Blanco (for the intergovernmental effects), 

and Elizabeth Bass (for the private-sector effects). This estimate 

was approved by Theresa Gullo, Deputy Assistant Director for 

Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That this Act may 

be cited as the ‘‘Foreign Intelligence Surveillance Act of 1978’’. 

TABLE OF CONTENTS 

* * * * * * * 

øTITLE VI—REPORTING REQUIREMENT¿ 

TITLE VI—OVERSIGHT 

* * * * * * * 

Sec. 602. Declassification of significant decisions, orders, and opinions. 

Sec. 603. Annual report on orders entered. 

Sec. 604. Public reporting by persons subject to orders. 

TITLE I—ELECTRONIC SURVEILLANCE WITHIN THE 

UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES 

* * * * * * * 

DESIGNATION OF JUDGES

SEC. 103. (a) * * * 

* * * * * * * 

(i) AMICUS CURIAE.— 

(1) AUTHORIZATION.—A court established under subsection (a) 

or (b), consistent with the requirement of subsection (c) and any 

other statutory requirement that the court act expeditiously or 

within a stated time— 

(A) shall appoint an individual to serve as amicus curiae 

to assist such court in the consideration of any application 

for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless 

the court issues a written finding that such appointment is 

not appropriate; and 

(B) may appoint an individual to serve as amicus curiae 

in any other instance as such court deems appropriate. 

(2) DESIGNATION.—The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not 

less than 5 individuals to be eligible to serve as amicus curiae. 

Such individuals shall be persons who possess expertise in priVerDate Mar 15 2010 09:22 May 16, 2014 Jkt 087887 PO 00000 Frm 00022 Fmt 6659 Sfmt 6603 E:\HR\OC\HR452P2.XXX HR452P2

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vacy and civil liberties, intelligence collection, telecommunications, or any other area of law that may lend legal or technical expertise to the courts and who have been determined by 

appropriate executive branch officials to be eligible for access to 

classified information. 

(3) DUTIES.—An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by 

the appointing court. Such court may authorize the individual 

appointed to serve as amicus curiae to review any application, 

certification, petition, motion, or other submission that the court 

determines is relevant to the duties assigned by the court. 

(4) NOTIFICATION.—The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney 

General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1). 

(5) ASSISTANCE.—A court established under subsection (a) or 

(b) may request and receive (including on a non-reimbursable 

basis) the assistance of the executive branch in the implementation of this subsection. 

(6) ADMINISTRATION.—A court established under subsection 

(a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual appointed 

to serve as amicus curiae under paragraph (1) in a manner that 

is not inconsistent with this subsection. 

* * * * * * * 

CONGRESSIONAL OVERSIGHT

SEC. 108. (a)(1) On a semiannual basis the Attorney General 

shall fully inform øthe House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the 

Committee on the Judiciary of the Senate,¿ the Permanent Select 

Committee on Intelligence and the Committee on the Judiciary of 

the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate concerning all electronic surveillance under this title. Nothing in this 

title shall be deemed to limit the authority and responsibility of the 

appropriate committees of each House of Congress to obtain such 

information as they may need to carry out their respective functions and duties. 

* * * * * * * 

TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN 

INTELLIGENCE PURPOSES 

* * * * * * * 

CONGRESSIONAL OVERSIGHT

SEC. 306. On a semiannual basis the Attorney General shall fully 

inform the øPermanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence 

of the Senate, and the Committee on the Judiciary of the Senate,¿ 


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Permanent Select Committee on Intelligence and the Committee on 

the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the 

Senate concerning all physical searches conducted pursuant to this 

title. On a semiannual basis the Attorney General shall also provide to those committees øand the Committee on the Judiciary of 

the House of Representatives¿ a report setting forth with respect 

to the preceding six-month period— 

(1) * * * 

* * * * * * * 

TITLE IV—PEN REGISTERS AND TRAP AND TRACE DEVICES 

FOR FOREIGN INTELLIGENCE PURPOSES 

DEFINITIONS

SEC. 401. As used in this title: 

(1) * * * 

* * * * * * * 

(4) The term ‘‘specific selection term’’ has the meaning given 

the term in section 501. 

(5) The term ‘‘minimization procedures’’ means— 

(A) specific procedures that are reasonably designed in 

light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device 

to minimize the retention and prohibit the dissemination of 

nonpublicly available information concerning unconsenting 

United States persons consistent with the need of the 

United States to obtain, produce, and disseminate foreign 

intelligence information; 

(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as 

defined in section 101(e)(1), shall not be disseminated in a 

manner that identifies any United States person, without 

such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and 

(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is 

being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. 

PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN

INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS

SEC. 402. (a) * * * 

* * * * * * * 

(c) Each application under this section shall require the approval 

of the Attorney General, or a designated attorney for the Government, and shall include— 

(1) the identity of the Federal officer seeking to use the pen 

register or trap and trace device covered by the applicationø; 

and¿; 


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(2) a certification by the applicant that the information likely 

to be obtained is foreign intelligence information not concerning a United States person or is relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation 

of a United States person is not conducted solely upon the 

basis of activities protected by the first amendment to the 

Constitutionø.¿; 

(3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register 

or trap and trace device is to be attached or applied; and 

(4) a statement of proposed minimization procedures. 

(d)(1) Upon an application made pursuant to this section, the 

judge shall enter an ex parte order as requested, or as modified, 

approving the installation and use of a pen register or trap and 

trace device if the judge finds that the application satisfies the requirements of this section and that the proposed minimization procedures meet the definition of minimization procedures under this 

title. 

(2) An order issued under this section— 

(A) * * * 

(B) shall direct that— 

(i) * * * 

(ii) such provider, landlord, custodian, or other person— 

(I) * * * 

(II) shall maintain, under security procedures approved by the Attorney General and the Director of 

National Intelligence pursuant to section 105(b)(2)(C) 

of this Act, any records concerning the pen register or 

trap and trace device or the aid furnishedø; and¿; 

* * * * * * * 

(iv) the minimization procedures be followed; and 

* * * * * * * 

(h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved 

under an order or an extension under this section, the judge may 

assess compliance with the minimization procedures by reviewing 

the circumstances under which information concerning United 

States persons was retained or disseminated. 

* * * * * * * 

CONGRESSIONAL OVERSIGHT

SEC. 406. (a) * * * 

(b) On a semiannual basis, the Attorney General shall also provide to the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the 

Senate a report setting forth with respect to the preceding 6-month 

period— 

(1) * * * 

(2) the total number of such orders either granted, modified, 

or deniedø; and¿; 

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ney General on an emergency basis under section 403, and the 

total number of subsequent orders approving or denying the installation and use of such pen registers and trap and trace 

devicesø.¿; 

(4) each department or agency on behalf of which the Government has made application for orders approving the use of pen 

registers or trap and trace devices under this title; and 

(5) for each department or agency described in paragraph (4), 

a breakdown of the numbers required by paragraphs (1), (2), 

and (3). 

TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS FOR 

FOREIGN INTELLIGENCE PURPOSES 

SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS. 

(a) * * * 

(b) Each application under this section— 

(1) * * * 

(2) shall include— 

(A) a specific selection term to be used as the basis for the 

production of the tangible things sought; 

ø(A) a statement¿ (B) in the case of an application other 

than an application described in subparagraph (C), a statement of facts showing that there are reasonable grounds to 

believe that the tangible things sought are relevant to an 

authorized investigation (other than a threat assessment) 

conducted in accordance with subsection (a)(2) to obtain 

foreign intelligence information not concerning a United 

States person or to protect against international terrorism 

or clandestine intelligence activities, such things being 

presumptively relevant to an authorized investigation if 

the applicant shows in the statement of the facts that they 

pertain to— 

(i) * * * 

* * * * * * * 

(iii) an individual in contact with, or known to, a 

suspected agent of a foreign power who is the subject 

of such authorized investigationø; and¿; 

(C) in the case of an application for the production of call 

detail records created on or after the date of the application, a statement of facts showing that— 

(i) there are reasonable grounds to believe that the 

call detail records sought to be produced based on the 

specific selection term required under subparagraph 

(A) are relevant to an authorized investigation (other 

than a threat assessment) conducted in accordance 

with subsection (a)(2) to protect against international 

terrorism; and 

(ii) there are facts giving rise to a reasonable, 

articulable suspicion that such specific selection term is 

associated with a foreign power or an agent of a foreign power; and 


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ø(B)¿ (D) an enumeration of the minimization procedures adopted by the Attorney General under subsection 

(g) that are applicable to the retention and dissemination 

by the Federal Bureau of Investigation of any tangible 

things to be made available to the Federal Bureau of Investigation based on the order requested in such application. 

(c)(1) Upon an application made pursuant to this section, if the 

judge finds that the application meets the requirements of subsections (a) and (b) and that the minimization procedures submitted 

in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g), the judge shall enter an 

ex parte order as requested, or as modified, approving the release 

of tangible things. Such order shall direct that minimization procedures adopted pursuant to subsection (g) be followed. 

(2) An order under this subsection— 

(A) shall describe the tangible things that are ordered to 

be produced with sufficient particularity to permit them to 

be fairly identifiedø;¿, including each specific selection 

term to be used as the basis for the production; 

* * * * * * * 

(D) may only require the production of a tangible thing 

if such thing can be obtained with a subpoena duces tecum 

issued by a court of the United States in aid of a grand 

jury investigation or with any other order issued by a 

court of the United States directing the production of 

records or tangible thingsø; and¿; 

(E) shall not disclose that such order is issued for purposes of an investigation described in subsection (a)ø.¿; 

and 

(F) in the case of an application described in subsection 

(b)(2)(C), shall— 

(i) authorize the production of call detail records for 

a period not to exceed 180 days; 

(ii) provide that an order for such production may be 

extended upon application under subsection (b) and the 

judicial finding under paragraph (1); 

(iii) provide that the Government may require the 

production of call detail records— 

(I) using the specific selection term that satisfies 

the standard required under subsection (b)(2)(C)(ii) 

as the basis for production; and 

(II) using the results of the production under 

subclause (I) as the basis for production; 

(iv) direct each person the Government directs to 

produce call detail records under the order to furnish 

the Government forthwith all information, facilities, or 

technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of 

the production and produce a minimum of interference 

with the services that such person is providing to each 

subject of the production; and 

(v) direct the Government to destroy all call detail 

records produced under the order not later than 5 

years after the date of the production of such records, 


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except for records that are relevant to an authorized investigation (other than a threat assessment) conducted 

in accordance with subsection (a)(2) to protect against 

international terrorism. 

(3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term 

that meets the requirements of subsection (b)(2). 

(d)(1) No person shall disclose to any other person that the Federal Bureau of Investigation has sought or obtained tangible things 

øpursuant to an order¿ pursuant to an order issued or an emergency production required under this section, other than to— 

(A) those persons to whom disclosure is necessary to comply 

with øsuch order¿ such order or such emergency production; 

(B) an attorney to obtain legal advice or assistance with respect to the production of things in response to øthe order¿ the 

order or the emergency production; or 

* * * * * * * 

(2)(A) A person to whom disclosure is made pursuant to paragraph (1) shall be subject to the nondisclosure requirements applicable to a person to whom øan order¿ an order or emergency production is directed under this section in the same manner as such 

person. 

(B) Any person who discloses to a person described in subparagraph (A), (B), or (C) of paragraph (1) that the Federal Bureau of 

Investigation has sought or obtained tangible things pursuant to 

øan order¿ an order or emergency production under this section 

shall notify such person of the nondisclosure requirements of this 

subsection. 

* * * * * * * 

ø(e) A person who, in good faith, produces tangible things under 

an order pursuant to this section shall not be liable to any other 

person for such production. Such production shall not be deemed to 

constitute a waiver of any privilege in any other proceeding or context.¿ 

(e) No cause of action shall lie in any court against a person who 

produces tangible things or provides information, facilities, or technical assistance pursuant to an order issued or an emergency production required under this section. Such production shall not be 

deemed to constitute a waiver of any privilege in any other proceeding or context. 

* * * * * * * 

(i) EMERGENCY AUTHORITY FOR PRODUCTION OF TANGIBLE

THINGS.— 

(1) Notwithstanding any other provision of this section, the 

Attorney General may require the emergency production of tangible things if the Attorney General— 

(A) reasonably determines that an emergency situation 

requires the production of tangible things before an order 

authorizing such production can with due diligence be obtained; 

(B) reasonably determines that the factual basis for the 

issuance of an order under this section to approve such production of tangible things exists; 


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(C) informs, either personally or through a designee, a 

judge having jurisdiction under this section at the time the 

Attorney General requires the emergency production of tangible things that the decision has been made to employ the 

authority under this subsection; and 

(D) makes an application in accordance with this section 

to a judge having jurisdiction under this section as soon as 

practicable, but not later than 7 days after the Attorney 

General requires the emergency production of tangible 

things under this subsection. 

(2) If the Attorney General authorizes the emergency production of tangible things under paragraph (1), the Attorney General shall require that the minimization procedures required by 

this section for the issuance of a judicial order be followed. 

(3) In the absence of a judicial order approving the production of tangible things under this subsection, the production 

shall terminate when the information sought is obtained, when 

the application for the order is denied, or after the expiration 

of 7 days from the time the Attorney General begins requiring 

the emergency production of such tangible things, whichever is 

earliest. 

(4) A denial of the application made under this subsection 

may be reviewed as provided in this section. 

(5) If such application for approval is denied, or in any other 

case where the production of tangible things is terminated and 

no order is issued approving the production, no information obtained or evidence derived from such production shall be received in evidence or otherwise disclosed in any trial, hearing, 

or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or 

other authority of the United States, a State, or political subdivision thereof, and no information concerning any United 

States person acquired from such production shall subsequently 

be used or disclosed in any other manner by Federal officers or 

employees without the consent of such person, except with the 

approval of the Attorney General if the information indicates a 

threat of death or serious bodily harm to any person. 

(6) The Attorney General shall assess compliance with the requirements of paragraph (5). 

(j) COMPENSATION.—The Government shall compensate, at the 

prevailing rate, a person for producing tangible things or providing 

information, facilities, or assistance in accordance with an order 

issued or an emergency production required under this section. 

(k) DEFINITIONS.—In this section: 

(1) CALL DETAIL RECORD DEFINED.—The term ‘‘call detail 

record’’— 

(A) means session identifying information (including 

originating or terminating telephone number, International 

Mobile Subscriber Identity number, or International Mobile 

Station Equipment Identity number), a telephone calling 

card number, or the time or duration of a call; and 

(B) does not include— 

(i) the contents of any communication (as defined in 

section 2510(8) of title 18, United States Code); 


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(ii) the name, address, or financial information of a 

subscriber or customer; or 

(iii) cell site location information. 

(2) SPECIFIC SELECTION TERM.—The term ‘‘specific selection 

term’’ means a term used to uniquely describe a person, entity, 

or account. 

SEC. 502. CONGRESSIONAL OVERSIGHT. 

(a) On an annual basis, the Attorney General shall fully inform 

the øPermanent Select Committee on Intelligence of the House of 

Representatives and the Select Committee on Intelligence and the 

Committee on the Judiciary of the Senate¿ 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 concerning all requests for the production of tangible things under section 501. 

(b) In April of each year, the Attorney General shall submit to 

the House and Senate Committees on the Judiciary and the House 

Permanent Select Committee on Intelligence and the Senate Select 

Committee on Intelligence a report setting forth with respect to the 

preceding calendar year— 

(1) any compliance reviews conducted by the Federal Government of the production of tangible things under section 501; 

(2) the total number of applications described in section 

501(b)(2)(B) made for orders approving requests for the production of tangible things; 

(3) the total number of such orders either granted, modified, 

or denied; 

(4) the total number of applications described in section 

501(b)(2)(C) made for orders approving requests for the production of call detail records; 

(5) the total number of such orders either granted, modified, 

or denied; 

ø(1)¿ (6) the total number of applications made for orders approving requests for the production of tangible things under 

section 501; 

ø(2)¿ (7) the total number of such orders either granted, 

modified, or denied; and 

ø(3)¿ (8) the number of such orders either granted, modified, 

or denied for the production of each of the following: 

(A) * * * 

* * * * * * * 

TITLE VI—øREPORTING REQUIREMENT¿ 

OVERSIGHT 

SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL. 

(a) REPORT.—On a semiannual basis, the Attorney General 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, in a manner consistent with the 


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protection of the national security, a report setting forth with respect to the preceding 6-month period— 

(1) * * * 

* * * * * * * 

(4) a summary of significant legal interpretations of this Act 

involving matters before the Foreign Intelligence Surveillance 

Court or the Foreign Intelligence Surveillance Court of Review, 

including interpretations presented in applications or pleadings 

filed with the Foreign Intelligence Surveillance Court or the 

Foreign Intelligence Surveillance Court of Review by the Department of Justiceø; and¿; 

(5) copies of all decisions, orders, or opinions of the Foreign 

Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review that include significant construction or 

interpretation of the provisions of this Actø.¿; and 

(6) any compliance reviews conducted by the Federal Government of electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, 

or acquisitions conducted under this Act. 

* * * * * * * 

(c) SUBMISSIONS TO CONGRESS.—The Attorney General shall submit to the committees of Congress referred to in subsection (a)— 

ø(1) a copy of any decision, order, or opinion issued by the 

Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant 

construction or interpretation of any provision of this Act, and 

any pleadings, applications, or memoranda of law associated 

with such decision, order, or opinion, not later than 45 days 

after such decision, order, or opinion is issued; and¿ 

(1) not later than 45 days after the date on which the Foreign 

Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion 

that includes a significant construction or interpretation of any 

provision of this Act or a denial of a request for an order or a 

modification of a request for an order, or results in a change 

of application of any provision of this Act or a new application 

of any provision of this Act— 

(A) a copy of such decision, order, or opinion and any 

pleadings, applications, or memoranda of law associated 

with such decision, order, or opinion; and 

(B) with respect to such decision, order, or opinion, a 

brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and 

* * * * * * * 

SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, 

AND OPINIONS. 

(a) DECLASSIFICATION REQUIRED.—Subject to subsection (b), the 

Attorney General shall conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review 

(as defined in section 601(e)) that includes a significant construction 

or interpretation of any provision of this Act and, consistent with 


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that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. 

(b) REDACTED FORM.—The Attorney General may satisfy the requirement under subsection (a) to make a decision, order, or opinion 

described in such subsection publicly available to the greatest extent 

practicable by making such decision, order, or opinion publicly 

available in redacted form. 

(c) NATIONAL SECURITY WAIVER.—The Attorney General may 

waive the requirement to declassify and make publicly available a 

particular decision, order, or opinion under subsection (a) if the Attorney General— 

(1) determines that a waiver of such requirement is necessary 

to protect the national security of the United States or properly 

classified intelligence sources or methods; and 

(2) makes publicly available an unclassified summary of such 

decision, order, or opinion. 

SEC. 603. ANNUAL REPORT ON ORDERS ENTERED. 

The Director of the Administrative Office of the United States 

Courts shall annually submit to the Permanent Select Committee on 

Intelligence and the Committee on the Judiciary of the House of 

Representatives and the Select Committee on Intelligence and the 

Committee on the Judiciary of the Senate and make publicly available on an Internet website— 

(1) the number of orders entered under each of sections 105, 

304, 402, 501, 702, 703, and 704; 

(2) the number of orders modified under each of those sections; 

(3) the number of orders denied under each of those sections; 

and 

(4) the number of appointments of an individual to serve as 

amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae. 

SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS. 

(a) REPORTING.—A person may semiannually publicly report the 

following information with respect to the preceding half year using 

one of the following structures: 

(1) A report that aggregates the number of orders or directives 

the person was required to comply with in the following separate categories: 

(A) Criminal process, subject to no restrictions. 

(B) The number of national security letters received, reported in bands of 1000 starting with 0-999. 

(C) The number of customer accounts affected by national 

security letters, reported in bands of 1000 starting with 0- 

999. 

(D) The number of orders under this Act for content, reported in bands of 1000 starting with 0-999. 

(E) With respect to content orders under this Act, in 

bands of 1000 starting with 0-999— 

(i) the number of customer accounts affected under 

orders under title I; and 

(ii) the number of customer selectors targeted under 

orders under title VII. 


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(F) The number of orders under this Act for non-content, 

reported in bands of 1000 starting with 0-999. 

(G) With respect to non-content orders under this Act, in 

bands of 1000 starting with 0-999— 

(i) the number of customer accounts affected under 

orders under— 

(I) title I; 

(II) title IV; 

(III) title V with respect to applications described 

in section 501(b)(2)(B); and 

(IV) title V with respect to applications described 

in section 501(b)(2)(C); and 

(ii) the number of customer selectors targeted under 

orders under title VII. 

(2) A report that aggregates the number of orders or directives 

the person was required to comply with in the following separate categories: 

(A) Criminal process, subject to no restrictions. 

(B) The total number of all national security process received, including all national security letters and orders 

under this Act, reported as a single number in a band of 

0-249 and thereafter in bands of 250. 

(C) The total number of customer selectors targeted under 

all national security process received, including all national security letters and orders under this Act, reported 

as a single number in a band of 0-249 and thereafter in 

bands of 250. 

(3) A report that aggregates the number of orders or directives 

the person was required to comply with in the following separate categories: 

(A) Criminal process, subject to no restrictions. 

(B) The number of national security letters received, reported in bands of 500 starting with 0-499. 

(C) The number of customer accounts affected by national 

security letters, reported in bands of 500 starting with 0- 

499. 

(D) The number of orders under this Act for content, reported in bands of 500 starting with 0-499. 

(E) The number of customer selectors targeted under such 

orders, in bands of 500 starting with 0-499. 

(F) The number of orders under this Act for non-content, 

reported in bands of 500 starting with 0-499. 

(G) The number of customer selectors targeted under such 

orders, reported in bands of 500 starting with 0-499. 

(b) NATIONAL SECURITY LETTER DEFINED.—The term ‘‘national 

security letter’’ means any of the following provisions: 

(1) Section 2709 of title 18, United States Code. 

(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act 

of 1978 (12 U.S.C. 3414(a)(5)(A)). 

(3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)). 

(4) Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 

1681v(a)). 


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TITLE VII—ADDITIONAL PROCEDURES 

REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES 

* * * * * * * 

SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE 

THE UNITED STATES OTHER THAN UNITED STATES PERSONS. 

(a) * * * 

(b) LIMITATIONS.—An acquisition authorized under subsection 

(a)— 

(1) * * * 

(2) may not intentionally target a person reasonably believed 

to be located outside the United States if øthe purpose¿ a purpose of such acquisition is to target a particular, known person 

reasonably believed to be in the United States; 

* * * * * * * 

(e) MINIMIZATION PROCEDURES.— (1) REQUIREMENT TO ADOPT.—The Attorney General, in consultation with the Director of National Intelligence, shall adopt 

minimization procedures øthat meet¿ that— 

(A) meet the definition of minimization procedures under 

section 101(h) or 301(4), as appropriate, for acquisitions 

authorized under subsection (a)ø.¿; and 

(B) consistent with such definition, minimize the acquisition, and prohibit the retention and dissemination, of any 

communication as to which the sender and all intended recipients are determined to be located in the United States 

and prohibit the use of any discrete, non-target communication that is determined to be to or from a United States person or a person who appears to be located in the United 

States, except to protect against an immediate threat to 

human life. 

* * * * * * * 

(i) JUDICIAL REVIEW OF CERTIFICATIONS AND PROCEDURES.— (1) * * * 

* * * * * * * 

(3) ORDERS.— (A) * * * 

* * * * * * * 

(D) LIMITATION ON USE OF INFORMATION.— (i) IN GENERAL.—Except as provided in clause (ii), no 

information obtained or evidence derived from an acquisition pursuant to a certification or targeting or 

minimization procedures subject to an order under subparagraph (B) concerning any United States person 

shall be received in evidence or otherwise disclosed in 

any trial, hearing, or other proceeding in or before any 

court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of 

the United States, a State, or political subdivision 

thereof, and no information concerning any United 


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States person acquired from the acquisition shall subsequently be used or disclosed in any other manner by 

Federal officers or employees without the consent of the 

United States person, except with the approval of the 

Attorney General if the information indicates a threat 

of death or serious bodily harm to any person. 

(ii) EXCEPTION.—If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the 

Court shall establish for purposes of this clause. 

* * * * * * * 

USA PATRIOT IMPROVEMENT AND REAUTHORIZATION 

ACT OF 2005 

* * * * * * * 

TITLE I—USA PATRIOT IMPROVEMENT 

AND REAUTHORIZATION ACT 

* * * * * * * 

SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS. 

(a) * * * 

(b) SECTIONS 206 AND 215 SUNSET.— (1) IN GENERAL.—Effective øJune 1, 2015¿ December 31, 

2017, the Foreign Intelligence Surveillance Act of 1978 is 

amended so that sections 501, 502, and 105(c)(2) read as they 

read on October 25, 2001. 

* * * * * * * 

SEC. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR 

FOREIGN INTELLIGENCE PURPOSES. 

(a) * * * 

(b) REQUIREMENTS.—The audit required under subsection (a) 

shall include— 

(1) an examination of each instance in which the Attorney 

General, any other officer, employee, or agent of the Department of Justice, the Director of the Federal Bureau of Investigation, or a designee of the Director, submitted an application 

to the Foreign Intelligence Surveillance Court (as such term is 

defined in section 301(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(3))) for an order under section 501 of such Act during the calendar years of 2002 through 

2006 and calendar years 2012 through 2014, including— 

(A) * * * 

* * * * * * * 

ø(2) the justification for the failure of the Attorney General 

to issue implementing procedures governing requests for the 

production of tangible things under such section in a timely 

fashion, including whether such delay harmed national security; 


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ø(3) whether bureaucratic or procedural impediments to the 

use of such requests for production prevent the Federal Bureau 

of Investigation from taking full advantage of the authorities 

provided under section 501 of such Act;¿ 

ø(4)¿ (2) any noteworthy facts or circumstances relating to 

orders under such section, including any improper or illegal 

use of the authority provided under such section; and 

ø(5)¿ (3) an examination of the effectiveness of such section 

as an investigative tool, including— 

(A) * * * 

* * * * * * * 

ø(C) with respect to calendar year 2006, an examination 

of the minimization procedures adopted by the Attorney 

General under section 501(g) of such Act and whether such 

minimization procedures protect the constitutional rights 

of United States persons;¿ 

(C) with respect to calendar years 2012 through 2014, an 

examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1861) and whether the 

minimization procedures adequately protect the constitutional rights of United States persons; 

(D) whether, and how often, the Federal Bureau of Investigation utilized information acquired pursuant to an 

order under section 501 of such Act to produce an analytical intelligence product for distribution within the Federal 

Bureau of Investigation, to the intelligence community 

ø(as such term is defined in section 3(4) of the National 

Security Act of 1947 (50 U.S.C. 401a(4)))¿, or to other Federal, State, local, or tribal government Departments, agencies, or instrumentalities; and 

* * * * * * * 

(c) SUBMISSION DATES.— 

(1) * * * 

* * * * * * * 

(3) CALENDAR YEARS 2012 THROUGH 2014.— Not later than 

December 31, 2015, the Inspector General of the Department of 

Justice shall submit to the Committee on the Judiciary and the 

Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on 

Intelligence of the House of Representatives a report containing 

the results of the audit conducted under subsection (a) for calendar years 2012 through 2014. 

(d) INTELLIGENCE ASSESSMENT.— 

(1) IN GENERAL.—For the period beginning on January 1, 

2012, and ending on December 31, 2014, the Inspector General 

of the Intelligence Community shall assess— 

(A) the importance of the information acquired under 

title V of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1861 et seq.) to the activities of the intelligence 

community; 


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(B) the manner in which that information was collected, 

retained, analyzed, and disseminated by the intelligence 

community; 

(C) the minimization procedures used by elements of the 

intelligence community under such title and whether the 

minimization procedures adequately protect the constitutional rights of United States persons; and 

(D) any minimization procedures proposed by an element 

of the intelligence community under such title that were 

modified or denied by the court established under section 

103(a) of such Act (50 U.S.C. 1803(a)). 

(2) SUBMISSION DATE FOR ASSESSMENT.—Not later than December 31, 2015, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the 

Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on 

Intelligence of the House of Representatives a report containing 

the results of the assessment for calendar years 2012 through 

2014. 

ø(d)¿ (e) PRIOR NOTICE TO ATTORNEY GENERAL AND DIRECTOR OF

NATIONAL INTELLIGENCE; COMMENTS.— 

(1) NOTICE.—Not less than 30 days before the submission of 

øa report under subsection (c)(1) or (c)(2)¿ any report under 

subsection (c) or (d), the øInspector General of the Department 

of Justice¿ Inspector General of the Department of Justice, the 

Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community 

that prepares a report to assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence 

Community in complying with the requirements of this section 

shall provide such report to the Attorney General and the Director of National Intelligence. 

(2) COMMENTS.—The Attorney General or the Director of National Intelligence may provide comments to be included in 

øthe reports submitted under subsections (c)(1) and (c)(2)¿ any 

report submitted under subsection (c) or (d) as the Attorney 

General or the Director of National Intelligence may consider 

necessary. 

ø(e)¿ (f) UNCLASSIFIED FORM.—øThe reports submitted under 

subsections (c)(1) and (c)(2)¿ Each report submitted under subsection (c) and any comments included under øsubsection (d)(2)¿ 

subsection (e)(2) shall be in unclassified form, but may include a 

classified annex. 

(g) DEFINITIONS.—In this section: 

(1) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence community’’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). 

(2) UNITED STATES PERSON.—The term ‘‘United States person’’ has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). 

* * * * * * * 


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TITLE 18, UNITED STATES CODE 

PART I—CRIMES 

* * * * * * * 

CHAPTER 121—STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS 

* * * * * * * 

§ 2709. Counterintelligence access to telephone toll and 

transactional records 

(a) * * * 

(b) REQUIRED CERTIFICATION.—The Director of the Federal Bureau of Investigation, or his designee in a position not lower than 

Deputy Assistant Director at Bureau headquarters or a Special 

Agent in Charge in a Bureau field office designated by the Director, 

ømay¿ may, using a specific selection term as the basis for a request— 

(1) * * * 

* * * * * * * 

(g) SPECIFIC SELECTION TERM DEFINED.—In this section, the term 

‘‘specific selection term’’ has the meaning given the term in section 

501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1861). 

* * * * * * * 

RIGHT TO FINANCIAL PRIVACY ACT OF 1978 

* * * * * * * 

TITLE XI—RIGHT TO FINANCIAL PRIVACY 

* * * * * * * 

SPECIAL PROCEDURES

SEC. 1114. (a)(1) * * * 

(2) In the instances specified in paragraph (1), the Government 

authority shall submit to the financial institution the certificate required in section 1103(b) signed by a supervisory official of a rank 

designated by the head of the Government authorityø.¿ and a specific selection term to be used as the basis for the production and 

disclosure of financial records. 

* * * * * * * 

(e) In this section, the term ‘‘specific selection term’’ has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861). 

FAIR CREDIT REPORTING ACT 

* * * * * * * 


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TITLE VI—CONSUMER CREDIT REPORTING 

* * * * * * * 

§ 626. Disclosures to FBI for counterintelligence purposes 

(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Notwithstanding section 604 or any other provision of this title, a consumer reporting 

agency shall furnish to the Federal Bureau of Investigation the 

names and addresses of all financial institutions (as that term is 

defined in section 1101 of the Right to Financial Privacy Act of 

1978) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency, 

when presented with a written request for øthat information,¿ that 

information that includes a specific selection term to be used as the 

basis for the production of that information, signed by the Director 

of the Federal Bureau of Investigation, or the Director’s designee 

in a position not lower than Deputy Assistant Director at Bureau 

headquarters or a Special Agent in Charge of a Bureau field office 

designated by the Director, which certifies compliance with this 

section. The Director or the Director’s designee may make such a 

certification only if the Director or the Director’s designee has determined in writing, that such information is sought for the conduct of an authorized investigation to protect against international 

terrorism or clandestine intelligence activities, provided that such 

an investigation of a United States person is not conducted solely 

upon the basis of activities protected by the first amendment to the 

Constitution of the United States. 

* * * * * * * 

(n) SPECIFIC SELECTION TERM DEFINED.—In this section, the term 

‘‘specific selection term’’ has the meaning given the term in section 

501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1861). 

§ 627. Disclosures to governmental agencies for counterterrorism purposes 

(a) DISCLOSURE.—Notwithstanding section 604 or any other provision of this title, a consumer reporting agency shall furnish a consumer report of a consumer and all other information in a consumer’s file to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information 

is necessary for the agency’s conduct or such investigation, activity 

or øanalysis.¿ analysis and a specific selection term to be used as 

the basis for the production of such information. 

* * * * * * * 

(g) SPECIFIC SELECTION TERM DEFINED.—In this section, the term 

‘‘specific selection term’’ has the meaning given the term in section 

501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1861). 

* * * * * * * 


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INTELLIGENCE REFORM AND TERRORISM PREVENTION 

ACT OF 2004 

* * * * * * * 

TITLE VI—TERRORISM PREVENTION 

Subtitle A—Individual Terrorists as Agents 

of Foreign Powers 

SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS. 

(a) * * * 

(b) SUNSET.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

amendment made by subsection (a) shall cease to have effect 

on øJune 1, 2015¿ December 31, 2017. 

* * * * * * * 

DISCLOSURE OF DIRECTED RULE MAKING

H.R. 3361 does not specifically direct any rule makings within 

the meaning of 5 U.S.C. 551. 

DUPLICATION OF FEDERAL PROGRAMS

H.R. 3361 does not duplicate or reauthorize an established program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report 

from the Government Accountability Office to Congress pursuant to 

section 21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 


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HONORABLE JOHN D. BATES 

Director 

Honorable Mike Rogers 

Chainnan 

COMMITrEE CORRESPONDENCE 

ADMINISTRATIVE OFFICE OF THE 

~TEDSTATESCOURTS 

WASHINGTON, D.C. 20544 

May 13,2014 

Pennanent Select Committee on Intelligence 

United States House of Representatives 

Washington, DC 20515 

Dear Mr. Chainnan: 

On behalf of the Judicial Branch, I am writing to the Committee regarding H.R. 3361, the 

"USA Freedom Act," which was recently ordered reported by your Committee, to recommend 

that three elements of the bill be adjusted. 

In a letter to the Committee on January 13,2014, we expressed views of the Judiciary on 

various proposed changes to the Foreign Intelligence Surveillance Act (FISA). Our comments 

focused on the operational impact of certain proposed changes on the Judicial Branch, particularly 

the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of 

Review ("FISA Courts"), and did not express views on policy choices that the political branches 

are considering. We emphasized the potential for greater demands on judicial resources. In 

keeping with that approach, this letter focuses narrowly on three provisions ofH.R. 3361 that 

bear directly on the work of the FISA Courts and how that work is presented to the public: the 

provisions regarding amicus curiae participation, public summaries of unreleased FISA Court 

opinions, and public reporting by the Judiciary on FISA Court orders. 

We respectfully request that, if possible, this letter be included with your Committee's 

report to the House on the bill. 

The amicus curiae provisions in Section 401 of the bill are generally in keeping with the 

views set forth in the January 13 letter. Section 401 would facilitate the FISA Courts' receiving 

briefing or other assistance from a legal or technical expert outside the Executive Branch in 

particular matters where such assistance would be helpful, while not creating a pennanent 

institution of a public advocate or imposing an adversarial process in the general run of cases 

where it would be unnecessary and even counterproductive to do so. We would recommend 

A TRADITION OF SERVICE TO THE FEDERAL JUDICIARY 
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Honorable Mike Rogers 

Page 2 

adjusting the language in H.R. 3361 to slightly clarify the breadth of the FISA Courts' discretion 

to appoint amici in any needed circumstance by deleting the words "oflaw" in the paragraph 

labeled "Designation." 

Section 401 largely leaves it to the discretion of the FISA Courts when to appoint an 

amicus. We believe that this general approach is correct because those courts, operating in the 

context of specific cases, are best positioned to assess when amicus participation would be 

helpful. We do, however, question the need for providing that an amicus "shall" be appointed in 

any case "that, in the opinion of the court, presents a novel or significant interpretation of the law, 

unless the court issues a written finding that such appointment is not appropriate." Section 401 

(proposed Section 1 03(i)( I) of FISA). Not every novel or significant issue is necessarily difficult 

for a court to resolve, and the judges of the FISA Courts would have every incentive to appoint 

amici when they believe that their deliberations would benefit from doing so. The bill drafters 

seem to acknowledge this likelihood by allowing the FISA courts to provide, in the alternative, a 

"WTitten statement justifying the decision not to appoint an amicus. 

Section 402 would create a presumption that the FISA Courts' significant decisions be 

released to the public in redacted form by the Attorney General. In those cases where the 

Attorney General determines that even a redacted release would harm national security, the 

Attorney General would be required to make an unclassified summary of the opinion available to 

the public. Section 7 (proposed Section 602( c )(2) of FISA). For the following reasons, we 

recommend eliminating the requirement for unclassified summaries of unreleased opinions. 

To be sure, summaries of federal court opinions are sometimes prepared for the 

convenience of readers. But in those situations the full opinion is also public. Any ambiguity or 

imprecision in the summary is unlikely to confuse or mislead readers because the opinion itself 

can be consulted and is understood to be authoritative. In contrast, a summary that is made 

public instead afa court's opinion, and is intended to convey some information about the opinion 

while concealing the rest, is much more likely to result in misunderstanding of the opinion's 

reasoning and result. 

In the January 13 letter, we explained why it can be challenging to release FISA Court 

opinions in a form that is both informative to the public and adequately protective of sensitive 

national security information. For example, the subject of an opinion might be "how to apply 

FISA's four-part definition of 'electronic surveillance,' see 50 U.S.C. § 1801(f), to a proposed 

surveillance method for a new communications technology." January 13,2014, Letter at 14. It 

may be necessary to withhold from the public details about how the surveillance is effected "so 

that valid intelligence targets are not given a lesson in how to evade it." ld. On the other hand, 

however, releasing the opinion with that information redacted may not enhance public 

understanding. 

Notwithstanding these challenges, recent experience shows that the preparation and 

release of redacted opinions can, in some cases, contribute to public understanding of the FISA 

Courts' work. Our concern is with proposed Section 602(c)(2), which would require the 
43 


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Honorable Mike Rogers 

Page 3 

preparation and publication of unclassified summaries for those opinions that cannot be released 

- even in redacted form - without harming national security. By its terms, this requirement 

would apply to the subset of opinions in which national security information is inextricably 

intertwined with the opinion's entire line of reasoning - otherwise, redaction and partial release 

would be feasible. For the same reasons that a redacted release could not be accomplished for 

those opinions, attempts to "summarize" them \vithout disclosing the operative facts are likely to 

fall short in one of two ways. The summary may be so conclusory as to be minimally 

informative ("The Court held that a novel surveiJIance technique fell within the definition of 

'electronic surveillance' under 50 U.S.C. § 1801(f), such that the application to use that 

technique was within its jurisdiction."). Or, in a well-meaning attempt to say more without 

disclosing classified information, the summary may describe the opinion's reasoning abstractly 

and incompletely, divorced from the relevant facts. Such a summary is more likely to distort, 

rather than illuminate, the opinion for which it is substituted. 

Finally, although we do not object to the reporting requirements in Section 603, the 

Committee should be aware that such information might in the future include material that the 

Executive Branch considers to be sensitive for national security purposes. This could potentially 

place the Judiciary in an awkward position of addressing a statutory command for public 

distribution of such information when the Executive Branch regards it as classified. (The sharing 

of classified information among authorized persons in other branches of government does not 

raise the same concerns.) We recommend that this possibility be addressed in the legislation, by, 

for example, making more explicit the Executive Branch's responsibility for making any 

classification or declassification determinations as to such information, or excusing the Judiciary 

from the public release of information the Executive Branch deems to be classified. 

We thank the Committees for their previously expressed interest in our perspectives on 

these matters. I hope these further comments are helpful to Congress in its deliberations on 

potential legislation. If we can be of further assistance to you, please do not hesitate to contact us 

through our Office of Legislative Affairs at 202-502-1700. 

cc: Honorable John A. Boehner 

Honorable Eric Cantor 

Sincerely, 

Jr1-0&~~ 

o 

John D. Bates 

Director 

Identical letter sent to: Honorable C. A. Dutch Ruppersberger 

Honorable Bob Goodlatte 

Honorable John Conyers, Jr.