II 

113TH CONGRESS 

1ST SESSION S. 1215 

To strengthen privacy protections, accountability, and oversight related to 

domestic surveillance conducted pursuant to the USA PATRIOT Act 

and the Foreign Intelligence Surveillance Act of 1978. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2013 

Mr. LEAHY (for himself, Mr. LEE, Mr. UDALL of Colorado, Mr. WYDEN, Mr. 

BLUMENTHAL, and Mr. TESTER) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To strengthen privacy protections, accountability, and oversight related to domestic surveillance conducted pursuant 

to the USA PATRIOT Act and the Foreign Intelligence 

Surveillance Act of 1978. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FISA Accountability 

5 and Privacy Protection Act of 2013’’. 

6 SEC. 2. SUNSETS. 

7 (a) MODIFICATION OF FISA AMENDMENTS ACT OF

8 2008 SUNSET.— 


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1 (1) MODIFICATION.—Section 403(b)(1) of the 

2 FISA Amendments Act of 2008 (Public Law 110– 

3 261; 50 U.S.C. 1881 note) is amended by striking 

4 ‘‘December 31, 2017’’ and inserting ‘‘June 1, 

5 2015’’. 

6 (2) TECHNICAL AND CONFORMING AMEND7 MENTS.—Section 403(b)(2) of such Act (Public Law 

8 110–261; 122 Stat. 2474) is amended by striking 

9 ‘‘December 31, 2017’’ and inserting ‘‘June 1, 

10 2015’’. 

11 (3) ORDERS IN EFFECT.—Section 404(b)(1) of 

12 such Act (Public Law 110–261; 50 U.S.C. 1801 

13 note) is amended in the paragraph heading by strik14 ing ‘‘DECEMBER 31, 2017’’ and inserting ‘‘JUNE 1, 

15 2015’’. 

16 (b) NATIONAL SECURITY LETTERS.— 

17 (1) REPEAL.—Effective on June 1, 2015— 

18 (A) section 2709 of title 18, United States 

19 Code, is amended to read as such provision 

20 read on October 25, 2001; 

21 (B) section 1114(a)(5) of the Right to Fi22 nancial Privacy Act of 1978 (12 U.S.C. 

23 3414(a)(5)) is amended to read as such provi24 sion read on October 25, 2001; 


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1 (C) subsections (a) and (b) of section 626 

2 of the Fair Credit Reporting Act (15 U.S.C. 

3 1681u) are amended to read as subsections (a) 

4 and (b), respectively, of the second of the 2 sec5 tions designated as section 624 of such Act (15 

6 U.S.C. 1681u) (relating to disclosure to the 

7 Federal Bureau of Investigation for counter8 intelligence purposes), as added by section 601 

9 of the Intelligence Authorization Act for Fiscal 

10 Year 1996 (Public Law 104–93; 109 Stat. 

11 974), read on October 25, 2001; 

12 (D) section 627 of the Fair Credit Report13 ing Act (15 U.S.C. 1681v) is repealed; and 

14 (E) section 802 of the National Security 

15 Act of 1947 (50 U.S.C. 3162) is amended to 

16 read as such provision read on October 25, 

17 2001. 

18 (2) TRANSITION PROVISION.—Notwithstanding 

19 paragraph (1), the provisions of law referred to in 

20 paragraph (1), as in effect on May 31, 2015, shall 

21 continue to apply on and after June 1, 2015, with 

22 respect to any particular foreign intelligence inves23 tigation or with respect to any particular offense or 

24 potential offense that began or occurred before June 

25 1, 2015. 


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1 (3) TECHNICAL AND CONFORMING AMEND2 MENTS.—Effective June 1, 2015— 

3 (A) section 3511 of title 18, United States 

4 Code, is amended— 

5 (i) in subsections (a), (c), and (d), by 

6 striking ‘‘or 627(a)’’ each place it appears; 

7 and 

8 (ii) in subsection (b)(1)(A), as amend9 ed by section 6(b) of this Act, by striking 

10 ‘‘section 626 or 627 of the Fair Credit Re11 porting Act (15 U.S.C. 1681u and 1681v)’’ 

12 and inserting ‘‘section 626 of the Fair 

13 Credit Reporting Act (15 U.S.C. 1681u)’’; 

14 (B) section 118(c) of the USA PATRIOT 

15 Improvement and Reauthorization Act of 2005 

16 (18 U.S.C. 3511 note) is amended— 

17 (i) in subparagraph (C), by adding 

18 ‘‘and’’ at the end; 

19 (ii) in subparagraph (D), by striking 

20 ‘‘; and’’ and inserting a period; and 

21 (iii) by striking subparagraph (E); 

22 and 

23 (C) the table of sections for the Fair Cred24 it Reporting Act (15 U.S.C. 1681 et seq.) is 


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1 amended by striking the item relating to section 

2 627. 

3 SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS 

4 FOR ACCESS TO TANGIBLE THINGS. 

5 (a) IN GENERAL.—Section 501 of the Foreign Intel6 ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

7 amended— 

8 (1) in the section heading, by striking ‘‘CER9 TAIN BUSINESS RECORDS’’ and inserting ‘‘TAN10 GIBLE THINGS’’; 

11 (2) in subsection (b)(2), by striking subpara12 graphs (A) and (B) and inserting the following: 

13 ‘‘(A) a statement of facts showing that 

14 there are reasonable grounds to believe that the 

15 records or other things sought— 

16 ‘‘(i) are relevant to an authorized in17 vestigation (other than a threat assess18 ment) conducted in accordance with sub19 section (a)(2) to obtain foreign intelligence 

20 information not concerning a United 

21 States person or to protect against inter22 national terrorism or clandestine intel23 ligence activities; and 

24 ‘‘(ii)(I) pertain to a foreign power or 

25 an agent of a foreign power; 


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1 ‘‘(II) are relevant to the activities of 

2 a suspected agent of a foreign power who 

3 is the subject of such authorized investiga4 tion; or 

5 ‘‘(III) pertain to an individual in con6 tact with, or known to, a suspected agent 

7 of a foreign power; and 

8 ‘‘(B) a statement of proposed minimization 

9 procedures.’’; and 

10 (3) in subsection (c)— 

11 (A) in paragraph (1)— 

12 (i) by inserting ‘‘and that the pro13 posed minimization procedures meet the 

14 definition of minimization procedures 

15 under subsection (g)’’ after ‘‘subsections 

16 (a) and (b)’’; and 

17 (ii) by striking the second sentence; 

18 and 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (D), by striking 

21 ‘‘and’’ at the end; 

22 (ii) in subparagraph (E), by striking 

23 the period at the end and inserting ‘‘; 

24 and’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(F) shall direct that the minimization 

4 procedures be followed.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) DEFINITIONS.—Title V of the Foreign In7 telligence Surveillance Act of 1978 (50 U.S.C. 1861 

8 et seq.) is amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 503. DEFINITIONS. 

11 ‘‘In this title, the terms ‘Attorney General’, ‘foreign 

12 intelligence information’, ‘international terrorism’, ‘per13 son’, ‘United States’, and ‘United States person’ have the 

14 meanings given those terms in section 101.’’. 

15 (2) TITLE HEADING.—Title V of the Foreign 

16 Intelligence Surveillance Act of 1978 (50 U.S.C. 

17 1861 et seq.) is amended in the title heading by 

18 striking ‘‘CERTAIN BUSINESS RECORDS’’ and 

19 inserting ‘‘TANGIBLE THINGS’’. 

20 (3) TABLE OF CONTENTS.—The table of con21 tents in the first section of the Foreign Intelligence 

22 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 

23 is amended— 

24 (A) by striking the items relating to title 

25 V and section 501 and inserting the following: 


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‘‘TITLE V—ACCESS TO TANGIBLE THINGS FOR FOREIGN 

INTELLIGENCE PURPOSES 

‘‘Sec. 501. Access to tangible things for foreign intelligence purposes and international terrorism investigations.’’; 

1 and 

2 (B) by inserting after the item relating to 

3 section 502 the following: 

‘‘Sec. 503. Definitions.’’. 

4 SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP AND 

5 TRACE DEVICES FOR FOREIGN INTEL6 LIGENCE PURPOSES. 

7 (a) APPLICATION.—Section 402(c) of the Foreign In8 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 

9 is amended— 

10 (1) in paragraph (1), by striking ‘‘and’’ at the 

11 end; 

12 (2) in paragraph (2)— 

13 (A) by striking ‘‘a certification by the ap14 plicant’’ and inserting ‘‘a statement of the facts 

15 and circumstances relied upon by the applicant 

16 to justify the belief of the applicant’’; and 

17 (B) by striking the period at the end and 

18 inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(3) a statement of whether minimization pro21 cedures are being proposed and, if so, a statement 

22 of the proposed minimization procedures.’’. 


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1 (b) MINIMIZATION.— 

2 (1) DEFINITION.—Section 401 of the Foreign 

3 Intelligence Surveillance Act of 1978 (50 U.S.C. 

4 1841) is amended by adding at the end the fol5 lowing: 

6 ‘‘(4) The term ‘minimization procedures’ 

7 means— 

8 ‘‘(A) specific procedures, that are reason9 ably designed in light of the purpose and tech10 nique of an order for the installation and use 

11 of a pen register or trap and trace device, to 

12 minimize the retention, and prohibit the dis13 semination, of nonpublicly available information 

14 known to concern unconsenting United States 

15 persons consistent with the need of the United 

16 States to obtain, produce, and disseminate for17 eign intelligence information; 

18 ‘‘(B) procedures that require that nonpub19 licly available information, which is not foreign 

20 intelligence information, shall not be dissemi21 nated in a manner that identifies any United 

22 States person, without the consent of such per23 son, unless the identity of such person is nec24 essary to understand foreign intelligence infor25 mation or assess its importance; and 


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1 ‘‘(C) notwithstanding subparagraphs (A) 

2 and (B), procedures that allow for the retention 

3 and dissemination of information that is evi4 dence of a crime which has been, is being, or 

5 is about to be committed and that is to be re6 tained or disseminated for law enforcement pur7 poses.’’. 

8 (2) PEN REGISTERS AND TRAP AND TRACE DE9 VICES.—Section 402 of the Foreign Intelligence Sur10 veillance Act of 1978 (50 U.S.C. 1842) is amend11 ed— 

12 (A) in subsection (d)(1), by striking ‘‘the 

13 judge finds’’ and all that follows and inserting 

14 the following: ‘‘the judge finds— 

15 ‘‘(A) that the application satisfies the require16 ments of this section; and 

17 ‘‘(B) that, if there are exceptional cir18 cumstances justifying the use of minimization proce19 dures in a particular case, the proposed minimiza20 tion procedures meet the definition of minimization 

21 procedures under this title.’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(h) At or before the end of the period of time for 

24 which the installation and use of a pen register or trap 

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1 sion under this section, the judge may assess compliance 

2 with any applicable minimization procedures by reviewing 

3 the circumstances under which information concerning 

4 United States persons was retained or disseminated.’’. 

5 (3) EMERGENCIES.—Section 403 of the For6 eign Intelligence Surveillance Act of 1978 (50 

7 U.S.C. 1843) is amended— 

8 (A) by redesignating subsection (c) as sub9 section (d); and 

10 (B) by inserting after subsection (b) the 

11 following: 

12 ‘‘(c) If the Attorney General authorizes the emer13 gency installation and use of a pen register or trap and 

14 trace device under this section, the Attorney General shall 

15 require that minimization procedures be followed, if appro16 priate.’’. 

17 (4) USE OF INFORMATION.—Section 405(a)(1) 

18 of the Foreign Intelligence Surveillance Act of 1978 

19 (50 U.S.C. 1845(a)(1)) is amended by striking ‘‘pro20 visions of this section’’ and inserting ‘‘minimization 

21 procedures required under this title’’. 

22 (c) TRANSITION PROCEDURES.— 

23 (1) ORDERS IN EFFECT.—Notwithstanding the 

24 amendments made by this Act, an order entered 

25 under section 402(d)(1) of the Foreign Intelligence 


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1 Surveillance Act of 1978 (50 U.S.C. 1842(d)(1)) 

2 that is in effect on the effective date of the amend3 ments made by this section shall remain in effect 

4 until the expiration of the order. 

5 (2) EXTENSIONS.—A request for an extension 

6 of an order referred to in paragraph (1) shall be 

7 subject to the requirements of the Foreign Intel8 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

9 seq.), as amended by this Act. 

10 SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECU11 RITY LETTERS. 

12 (a) IN GENERAL.—Section 2709 of title 18, United 

13 States Code, is amended by striking subsection (c) and 

14 inserting the following: 

15 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

16 ‘‘(1) PROHIBITION.— 

17 ‘‘(A) IN GENERAL.—If a certification is 

18 issued under subparagraph (B) and notice of 

19 the right to judicial review under paragraph (3) 

20 is provided, no wire or electronic communica21 tion service provider, or officer, employee, or 

22 agent thereof, that receives a request under 

23 subsection (a), shall disclose to any person that 

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1 tigation has sought or obtained access to infor2 mation or records under this section. 

3 ‘‘(B) CERTIFICATION.—The requirements 

4 of subparagraph (A) shall apply if the Director 

5 of the Federal Bureau of Investigation, or a 

6 designee of the Director whose rank shall be no 

7 lower than Deputy Assistant Director at Bu8 reau headquarters or a Special Agent in Charge 

9 of a Bureau field office, certifies that, absent a 

10 prohibition of disclosure under this subsection, 

11 there may result— 

12 ‘‘(i) a danger to the national security 

13 of the United States; 

14 ‘‘(ii) interference with a criminal, 

15 counterterrorism, or counterintelligence in16 vestigation; 

17 ‘‘(iii) interference with diplomatic re18 lations; or 

19 ‘‘(iv) danger to the life or physical 

20 safety of any person. 

21 ‘‘(2) EXCEPTION.— 

22 ‘‘(A) IN GENERAL.—A wire or electronic 

23 communication service provider, or officer, em24 ployee, or agent thereof, that receives a request 

25 under subsection (a) may disclose information 


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1 otherwise subject to any applicable nondisclo2 sure requirement to— 

3 ‘‘(i) those persons to whom disclosure 

4 is necessary in order to comply with the re5 quest; 

6 ‘‘(ii) an attorney in order to obtain 

7 legal advice or assistance regarding the re8 quest; or 

9 ‘‘(iii) other persons as permitted by 

10 the Director of the Federal Bureau of In11 vestigation or the designee of the Director. 

12 ‘‘(B) PERSONS NECESSARY FOR COMPLI13 ANCE.—Upon a request by the Director of the 

14 Federal Bureau of Investigation or the designee 

15 of the Director, those persons to whom disclo16 sure will be made under subparagraph (A)(i) or 

17 to whom such disclosure was made before the 

18 request shall be identified to the Director or the 

19 designee. 

20 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

21 person to whom disclosure is made under sub22 paragraph (A) shall be subject to the nondisclo23 sure requirements applicable to a person to 

24 whom a request is issued under subsection (a) 


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1 in the same manner as the person to whom the 

2 request is issued. 

3 ‘‘(D) NOTICE.—Any recipient that dis4 closes to a person described in subparagraph 

5 (A) information otherwise subject to a non6 disclosure requirement shall inform the person 

7 of the applicable nondisclosure requirement. 

8 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

9 ‘‘(A) IN GENERAL.—A wire or electronic 

10 communications service provider that receives a 

11 request under subsection (a) shall have the 

12 right to judicial review of any applicable non13 disclosure requirement. 

14 ‘‘(B) NOTIFICATION.—A request under 

15 subsection (a) shall state that if the recipient 

16 wishes to have a court review a nondisclosure 

17 requirement, the recipient shall notify the Gov18 ernment. 

19 ‘‘(C) INITIATION OF PROCEEDINGS.—If a 

20 recipient of a request under subsection (a) 

21 makes a notification under subparagraph (B), 

22 the Government shall initiate judicial review 

23 under the procedures established in section 

24 3511 of this title, unless an appropriate official 


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1 of the Federal Bureau of the Investigation 

2 makes a notification under paragraph (4). 

3 ‘‘(4) TERMINATION.—In the case of any request 

4 for which a recipient has submitted a notification 

5 under paragraph (3)(B), if the facts supporting a 

6 nondisclosure requirement cease to exist, an appro7 priate official of the Federal Bureau of Investigation 

8 shall promptly notify the wire or electronic service 

9 provider, or officer, employee, or agent thereof, sub10 ject to the nondisclosure requirement that the non11 disclosure requirement is no longer in effect.’’. 

12 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

13 CREDIT REPORTS.—Section 626 of the Fair Credit Re14 porting Act (15 U.S.C. 1681u) is amended by striking 

15 subsection (d) and inserting the following: 

16 ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— 

17 ‘‘(1) PROHIBITION.— 

18 ‘‘(A) IN GENERAL.—If a certification is 

19 issued under subparagraph (B) and notice of 

20 the right to judicial review under paragraph (3) 

21 is provided, no consumer reporting agency, or 

22 officer, employee, or agent thereof, that receives 

23 a request or order under subsection (a), (b), or 

24 (c), shall disclose or specify in any consumer re25 port, that the Federal Bureau of Investigation 


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1 has sought or obtained access to information or 

2 records under subsection (a), (b), or (c). 

3 ‘‘(B) CERTIFICATION.—The requirements 

4 of subparagraph (A) shall apply if the Director 

5 of the Federal Bureau of Investigation, or a 

6 designee of the Director whose rank shall be no 

7 lower than Deputy Assistant Director at Bu8 reau headquarters or a Special Agent in Charge 

9 of a Bureau field office, certifies that, absent a 

10 prohibition of disclosure under this subsection, 

11 there may result— 

12 ‘‘(i) a danger to the national security 

13 of the United States; 

14 ‘‘(ii) interference with a criminal, 

15 counterterrorism, or counterintelligence in16 vestigation; 

17 ‘‘(iii) interference with diplomatic re18 lations; or 

19 ‘‘(iv) danger to the life or physical 

20 safety of any person. 

21 ‘‘(2) EXCEPTION.— 

22 ‘‘(A) IN GENERAL.—A consumer reporting 

23 agency, or officer, employee, or agent thereof, 

24 that receives a request or order under sub25 section (a), (b), or (c) may disclose information 


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1 otherwise subject to any applicable nondisclo2 sure requirement to— 

3 ‘‘(i) those persons to whom disclosure 

4 is necessary in order to comply with the re5 quest or order; 

6 ‘‘(ii) an attorney in order to obtain 

7 legal advice or assistance regarding the re8 quest or order; or 

9 ‘‘(iii) other persons as permitted by 

10 the Director of the Federal Bureau of In11 vestigation or the designee of the Director. 

12 ‘‘(B) PERSONS NECESSARY FOR COMPLI13 ANCE.—Upon a request by the Director of the 

14 Federal Bureau of Investigation or the designee 

15 of the Director, those persons to whom disclo16 sure will be made under subparagraph (A)(i) or 

17 to whom such disclosure was made before the 

18 request shall be identified to the Director or the 

19 designee. 

20 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

21 person to whom disclosure is made under sub22 paragraph (A) shall be subject to the nondisclo23 sure requirements applicable to a person to 

24 whom a request or order is issued under sub25 section (a), (b), or (c) in the same manner as 


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1 the person to whom the request or order is 

2 issued. 

3 ‘‘(D) NOTICE.—Any recipient that dis4 closes to a person described in subparagraph 

5 (A) information otherwise subject to a non6 disclosure requirement shall inform the person 

7 of the applicable nondisclosure requirement. 

8 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

9 ‘‘(A) IN GENERAL.—A consumer reporting 

10 agency that receives a request or order under 

11 subsection (a), (b), or (c) shall have the right 

12 to judicial review of any applicable nondisclo13 sure requirement. 

14 ‘‘(B) NOTIFICATION.—A request or order 

15 under subsection (a), (b), or (c) shall state that 

16 if the recipient wishes to have a court review a 

17 nondisclosure requirement, the recipient shall 

18 notify the Government. 

19 ‘‘(C) INITIATION OF PROCEEDINGS.—If a 

20 recipient of a request or order under subsection 

21 (a), (b), or (c) makes a notification under sub22 paragraph (B), the Government shall initiate 

23 judicial review under the procedures established 

24 in section 3511 of title 18, United States Code, 

25 unless an appropriate official of the Federal 


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1 Bureau of Investigation makes a notification 

2 under paragraph (4). 

3 ‘‘(4) TERMINATION.—In the case of any request 

4 or order for which a consumer reporting agency has 

5 submitted a notification under paragraph (3)(B), if 

6 the facts supporting a nondisclosure requirement 

7 cease to exist, an appropriate official of the Federal 

8 Bureau of Investigation shall promptly notify the 

9 consumer reporting agency, or officer, employee, or 

10 agent thereof, subject to the nondisclosure require11 ment that the nondisclosure requirement is no longer 

12 in effect.’’. 

13 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

14 FOR COUNTERTERRORISM PURPOSES.—Section 627 of the 

15 Fair Credit Reporting Act (15 U.S.C. 1681v) is amended 

16 by striking subsection (c) and inserting the following: 

17 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

18 ‘‘(1) PROHIBITION.— 

19 ‘‘(A) IN GENERAL.—If a certification is 

20 issued under subparagraph (B) and notice of 

21 the right to judicial review under paragraph (3) 

22 is provided, no consumer reporting agency, or 

23 officer, employee, or agent thereof, that receives 

24 a request under subsection (a), shall disclose to 

25 any person or specify in any consumer report, 


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1 that a government agency has sought or ob2 tained access to information under subsection 

3 (a). 

4 ‘‘(B) CERTIFICATION.—The requirements 

5 of subparagraph (A) shall apply if the head of 

6 a government agency authorized to conduct in7 vestigations of, or intelligence or counterintel8 ligence activities or analysis related to, inter9 national terrorism, or a designee, certifies that, 

10 absent a prohibition of disclosure under this 

11 subsection, there may result— 

12 ‘‘(i) a danger to the national security 

13 of the United States; 

14 ‘‘(ii) interference with a criminal, 

15 counterterrorism, or counterintelligence in16 vestigation; 

17 ‘‘(iii) interference with diplomatic re18 lations; or 

19 ‘‘(iv) danger to the life or physical 

20 safety of any person. 

21 ‘‘(2) EXCEPTION.— 

22 ‘‘(A) IN GENERAL.—A consumer reporting 

23 agency, or officer, employee, or agent thereof, 

24 that receives a request under subsection (a) 


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1 may disclose information otherwise subject to 

2 any applicable nondisclosure requirement to— 

3 ‘‘(i) those persons to whom disclosure 

4 is necessary in order to comply with the re5 quest; 

6 ‘‘(ii) an attorney in order to obtain 

7 legal advice or assistance regarding the re8 quest; or 

9 ‘‘(iii) other persons as permitted by 

10 the head of the government agency author11 ized to conduct investigations of, or intel12 ligence or counterintelligence activities or 

13 analysis related to, international terrorism, 

14 or a designee. 

15 ‘‘(B) PERSONS NECESSARY FOR COMPLI16 ANCE.—Upon a request by the head of a gov17 ernment agency authorized to conduct inves18 tigations of, or intelligence or counterintel19 ligence activities or analysis related to, inter20 national terrorism, or a designee, those persons 

21 to whom disclosure will be made under subpara22 graph (A)(i) or to whom such disclosure was 

23 made before the request shall be identified to 

24 the head of the government agency or the des25 ignee. 


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1 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

2 person to whom disclosure is made under sub3 paragraph (A) shall be subject to the nondisclo4 sure requirements applicable to a person to 

5 whom a request is issued under subsection (a) 

6 in the same manner as the person to whom the 

7 request is issued. 

8 ‘‘(D) NOTICE.—Any recipient that dis9 closes to a person described in subparagraph 

10 (A) information otherwise subject to a non11 disclosure requirement shall inform the person 

12 of the applicable nondisclosure requirement. 

13 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

14 ‘‘(A) IN GENERAL.—A consumer reporting 

15 agency that receives a request under subsection 

16 (a) shall have the right to judicial review of any 

17 applicable nondisclosure requirement. 

18 ‘‘(B) NOTIFICATION.—A request under 

19 subsection (a) shall state that if the recipient 

20 wishes to have a court review a nondisclosure 

21 requirement, the recipient shall notify the gov22 ernment. 

23 ‘‘(C) INITIATION OF PROCEEDINGS.—If a 

24 recipient of a request under subsection (a) 

25 makes a notification under subparagraph (B), 


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1 the government shall initiate judicial review 

2 under the procedures established in section 

3 3511 of title 18, United States Code, unless an 

4 appropriate official of the government agency 

5 authorized to conduct investigations of, or intel6 ligence or counterintelligence activities or anal7 ysis related to, international terrorism makes a 

8 notification under paragraph (4). 

9 ‘‘(4) TERMINATION.—In the case of any request 

10 for which a consumer reporting agency has sub11 mitted a notification under paragraph (3)(B), if the 

12 facts supporting a nondisclosure requirement cease 

13 to exist, an appropriate official of the government 

14 agency authorized to conduct investigations of, or in15 telligence or counterintelligence activities or analysis 

16 related to, international terrorism shall promptly no17 tify the consumer reporting agency, or officer, em18 ployee, or agent thereof, subject to the nondisclosure 

19 requirement that the nondisclosure requirement is 

20 no longer in effect.’’. 

21 (d) FINANCIAL RECORDS.—Section 1114(a)(5) of the 

22 Right to Financial Privacy Act of 1978 (12 U.S.C. 

23 3414(a)(5)) is amended by striking subparagraph (D) and 

24 inserting the following: 

25 ‘‘(D) PROHIBITION OF CERTAIN DISCLOSURE.— 


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1 ‘‘(i) PROHIBITION.— 

2 ‘‘(I) IN GENERAL.—If a certification is 

3 issued under subclause (II) and notice of the 

4 right to judicial review under clause (iii) is pro5 vided, no financial institution, or officer, em6 ployee, or agent thereof, that receives a request 

7 under subparagraph (A), shall disclose to any 

8 person that the Federal Bureau of Investigation 

9 has sought or obtained access to information or 

10 records under subparagraph (A). 

11 ‘‘(II) CERTIFICATION.—The requirements 

12 of subclause (I) shall apply if the Director of 

13 the Federal Bureau of Investigation, or a des14 ignee of the Director whose rank shall be no 

15 lower than Deputy Assistant Director at Bu16 reau headquarters or a Special Agent in Charge 

17 of a Bureau field office, certifies that, absent a 

18 prohibition of disclosure under this subpara19 graph, there may result— 

20 ‘‘(aa) a danger to the national secu21 rity of the United States; 

22 ‘‘(bb) interference with a criminal, 

23 counterterrorism, or counterintelligence in24 vestigation; 


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1 ‘‘(cc) interference with diplomatic re2 lations; or 

3 ‘‘(dd) danger to the life or physical 

4 safety of any person. 

5 ‘‘(ii) EXCEPTION.— 

6 ‘‘(I) IN GENERAL.—A financial institution, 

7 or officer, employee, or agent thereof, that re8 ceives a request under subparagraph (A) may 

9 disclose information otherwise subject to any 

10 applicable nondisclosure requirement to— 

11 ‘‘(aa) those persons to whom disclo12 sure is necessary in order to comply with 

13 the request; 

14 ‘‘(bb) an attorney in order to obtain 

15 legal advice or assistance regarding the re16 quest; or 

17 ‘‘(cc) other persons as permitted by 

18 the Director of the Federal Bureau of In19 vestigation or the designee of the Director. 

20 ‘‘(II) PERSONS NECESSARY FOR COMPLI21 ANCE.—Upon a request by the Director of the 

22 Federal Bureau of Investigation or the designee 

23 of the Director, those persons to whom disclo24 sure will be made under subclause (I)(aa) or to 

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1 quest shall be identified to the Director or the 

2 designee. 

3 ‘‘(III) NONDISCLOSURE REQUIREMENT.— 

4 A person to whom disclosure is made under 

5 subclause (I) shall be subject to the nondisclo6 sure requirements applicable to a person to 

7 whom a request is issued under subparagraph 

8 (A) in the same manner as the person to whom 

9 the request is issued. 

10 ‘‘(IV) NOTICE.—Any recipient that dis11 closes to a person described in subclause (I) in12 formation otherwise subject to a nondisclosure 

13 requirement shall inform the person of the ap14 plicable nondisclosure requirement. 

15 ‘‘(iii) RIGHT TO JUDICIAL REVIEW.— 

16 ‘‘(I) IN GENERAL.—A financial institution 

17 that receives a request under subparagraph (A) 

18 shall have the right to judicial review of any ap19 plicable nondisclosure requirement. 

20 ‘‘(II) NOTIFICATION.—A request under 

21 subparagraph (A) shall state that if the recipi22 ent wishes to have a court review a nondisclo23 sure requirement, the recipient shall notify the 

24 Government. 


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1 ‘‘(III) INITIATION OF PROCEEDINGS.—If a 

2 recipient of a request under subparagraph (A) 

3 makes a notification under subclause (II), the 

4 Government shall initiate judicial review under 

5 the procedures established in section 3511 of 

6 title 18, United States Code, unless an appro7 priate official of the Federal Bureau of Inves8 tigation makes a notification under clause (iv). 

9 ‘‘(iv) TERMINATION.—In the case of any re10 quest for which a financial institution has submitted 

11 a notification under clause (iii)(II), if the facts sup12 porting a nondisclosure requirement cease to exist, 

13 an appropriate official of the Federal Bureau of In14 vestigation shall promptly notify the financial insti15 tution, or officer, employee, or agent thereof, subject 

16 to the nondisclosure requirement that the nondisclo17 sure requirement is no longer in effect.’’. 

18 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

19 AGENCIES.—Section 802 of the National Security Act of 

20 1947 (50 U.S.C. 3162), is amended by striking subsection 

21 (b) and inserting the following: 

22 ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— 

23 ‘‘(1) PROHIBITION.— 

24 ‘‘(A) IN GENERAL.—If a certification is 

25 issued under subparagraph (B) and notice of 


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1 the right to judicial review under paragraph (3) 

2 is provided, no governmental or private entity, 

3 or officer, employee, or agent thereof, that re4 ceives a request under subsection (a), shall dis5 close to any person that an authorized inves6 tigative agency described in subsection (a) has 

7 sought or obtained access to information under 

8 subsection (a). 

9 ‘‘(B) CERTIFICATION.—The requirements 

10 of subparagraph (A) shall apply if the head of 

11 an authorized investigative agency described in 

12 subsection (a), or a designee, certifies that, ab13 sent a prohibition of disclosure under this sub14 section, there may result— 

15 ‘‘(i) a danger to the national security 

16 of the United States; 

17 ‘‘(ii) interference with a criminal, 

18 counterterrorism, or counterintelligence in19 vestigation; 

20 ‘‘(iii) interference with diplomatic re21 lations; or 

22 ‘‘(iv) danger to the life or physical 

23 safety of any person. 

24 ‘‘(2) EXCEPTION.— 


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1 ‘‘(A) IN GENERAL.—A governmental or 

2 private entity, or officer, employee, or agent 

3 thereof, that receives a request under sub4 section (a) may disclose information otherwise 

5 subject to any applicable nondisclosure require6 ment to— 

7 ‘‘(i) those persons to whom disclosure 

8 is necessary in order to comply with the re9 quest; 

10 ‘‘(ii) an attorney in order to obtain 

11 legal advice or assistance regarding the re12 quest; or 

13 ‘‘(iii) other persons as permitted by 

14 the head of the authorized investigative 

15 agency described in subsection (a). 

16 ‘‘(B) PERSONS NECESSARY FOR COMPLI17 ANCE.—Upon a request by the head of an au18 thorized investigative agency described in sub19 section (a), or a designee, those persons to 

20 whom disclosure will be made under subpara21 graph (A)(i) or to whom such disclosure was 

22 made before the request shall be identified to 

23 the head of the authorized investigative agency 

24 or the designee. 


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1 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

2 person to whom disclosure is made under sub3 paragraph (A) shall be subject to the nondisclo4 sure requirements applicable to a person to 

5 whom a request is issued under subsection (a) 

6 in the same manner as the person to whom the 

7 request is issued. 

8 ‘‘(D) NOTICE.—Any recipient that dis9 closes to a person described in subparagraph 

10 (A) information otherwise subject to a non11 disclosure requirement shall inform the person 

12 of the applicable nondisclosure requirement. 

13 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

14 ‘‘(A) IN GENERAL.—A governmental or 

15 private entity that receives a request under sub16 section (a) shall have the right to judicial re17 view of any applicable nondisclosure require18 ment. 

19 ‘‘(B) NOTIFICATION.—A request under 

20 subsection (a) shall state that if the recipient 

21 wishes to have a court review a nondisclosure 

22 requirement, the recipient shall notify the Gov23 ernment. 

24 ‘‘(C) INITIATION OF PROCEEDINGS.—If a 

25 recipient of a request under subsection (a) 


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1 makes a notification under subparagraph (B), 

2 the Government shall initiate judicial review 

3 under the procedures established in section 

4 3511 of title 18, United States Code, unless an 

5 appropriate official of the authorized investiga6 tive agency described in subsection (a) makes a 

7 notification under paragraph (4). 

8 ‘‘(4) TERMINATION.—In the case of any request 

9 for which a governmental or private entity has sub10 mitted a notification under paragraph (3)(B), if the 

11 facts supporting a nondisclosure requirement cease 

12 to exist, an appropriate official of the authorized in13 vestigative agency described in subsection (a) shall 

14 promptly notify the governmental or private entity, 

15 or officer, employee, or agent thereof, subject to the 

16 nondisclosure requirement that the nondisclosure re17 quirement is no longer in effect.’’. 

18 SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL 

19 SECURITY LETTERS. 

20 (a) FISA.—Section 501(f)(2) of the Foreign Intel21 ligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) 

22 is amended— 

23 (1) in subparagraph (A)— 

24 (A) in clause (i)— 


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1 (i) by striking ‘‘a production order’’ 

2 and inserting ‘‘a production order or non3 disclosure order’’; and 

4 (ii) by striking ‘‘Not less than 1 year’’ 

5 and all that follows; and 

6 (B) in clause (ii), by striking ‘‘production 

7 order or nondisclosure’’; and 

8 (2) in subparagraph (C)— 

9 (A) by striking clause (ii); and 

10 (B) by redesignating clause (iii) as clause 

11 (ii). 

12 (b) JUDICIAL REVIEW OF NATIONAL SECURITY LET13 TERS.—Section 3511(b) of title 18, United States Code, 

14 is amended to read as follows: 

15 ‘‘(b) NONDISCLOSURE.— 

16 ‘‘(1) IN GENERAL.— 

17 ‘‘(A) NOTICE.—If a recipient of a request 

18 or order for a report, records, or other informa19 tion under section 2709 of this title, section 

20 626 or 627 of the Fair Credit Reporting Act 

21 (15 U.S.C. 1681u and 1681v), section 1114 of 

22 the Right to Financial Privacy Act of 1978 (12 

23 U.S.C. 3414), or section 802 of the National 

24 Security Act of 1947 (50 U.S.C. 3162), wishes 

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1 ment imposed in connection with the request or 

2 order, the recipient shall notify the Govern3 ment. 

4 ‘‘(B) APPLICATION.—Not later than 30 

5 days after the date of receipt of a notification 

6 under subparagraph (A), the Government shall 

7 apply for an order prohibiting the disclosure of 

8 the existence or contents of the relevant request 

9 or order. An application under this subpara10 graph may be filed in the district court of the 

11 United States for the judicial district in which 

12 the recipient of the order is doing business or 

13 in the district court of the United States for 

14 any judicial district within which the authorized 

15 investigation that is the basis for the request or 

16 order is being conducted. The applicable non17 disclosure requirement shall remain in effect 

18 during the pendency of proceedings relating to 

19 the requirement. 

20 ‘‘(C) CONSIDERATION.—A district court of 

21 the United States that receives an application 

22 under subparagraph (B) should rule expedi23 tiously, and shall, subject to paragraph (3), 

24 issue a nondisclosure order that includes condi25 tions appropriate to the circumstances. 


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1 ‘‘(2) APPLICATION CONTENTS.—An application 

2 for a nondisclosure order or extension thereof under 

3 this subsection shall include a certification from the 

4 Attorney General, Deputy Attorney General, an As5 sistant Attorney General, or the Director of the Fed6 eral Bureau of Investigation, or in the case of a re7 quest by a department, agency, or instrumentality of 

8 the Federal Government other than the Department 

9 of Justice, the head or deputy head of the depart10 ment, agency, or instrumentality, containing a state11 ment of specific facts indicating that, absent a pro12 hibition of disclosure under this subsection, there 

13 may result— 

14 ‘‘(A) a danger to the national security of 

15 the United States; 

16 ‘‘(B) interference with a criminal, counter17 terrorism, or counterintelligence investigation; 

18 ‘‘(C) interference with diplomatic relations; 

19 or 

20 ‘‘(D) danger to the life or physical safety 

21 of any person. 

22 ‘‘(3) STANDARD.—A district court of the 

23 United States shall issue a nondisclosure require24 ment order or extension thereof under this sub25 section if the court determines, giving substantial 


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1 weight to the certification under paragraph (2), that 

2 there is reason to believe that disclosure of the infor3 mation subject to the nondisclosure requirement dur4 ing the applicable time period will result in— 

5 ‘‘(A) a danger to the national security of 

6 the United States; 

7 ‘‘(B) interference with a criminal, counter8 terrorism, or counterintelligence investigation; 

9 ‘‘(C) interference with diplomatic relations; 

10 or 

11 ‘‘(D) danger to the life or physical safety 

12 of any person.’’. 

13 (c) MINIMIZATION.—Section 501(g)(1) of the For14 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

15 1861(g)(1)) is amended by striking ‘‘Not later than’’ and 

16 all that follows and inserting ‘‘At or before the end of the 

17 period of time for the production of tangible things under 

18 an order approved under this section or at any time after 

19 the production of tangible things under an order approved 

20 under this section, a judge may assess compliance with 

21 the minimization procedures by reviewing the cir22 cumstances under which information concerning United 

23 States persons was retained or disseminated.’’. 


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1 SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL 

2 AND TRANSACTIONAL RECORDS. 

3 (a) IN GENERAL.—Section 2709 of title 18, United 

4 States Code, as amended by this Act, is amended— 

5 (1) by striking subsection (e); 

6 (2) by redesignating subsections (c) and (d) as 

7 subsections (d) and (e), respectively; and 

8 (3) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) WRITTEN STATEMENT.—The Director of the 

11 Federal Bureau of Investigation, or a designee in a posi12 tion not lower than Deputy Assistant Director at Bureau 

13 headquarters or a Special Agent in Charge in a Bureau 

14 field office designated by the Director, may make a certifi15 cation under subsection (b) only upon a written statement, 

16 which shall be retained by the Federal Bureau of Inves17 tigation, of specific facts showing that there are reason18 able grounds to believe that the information sought is rel19 evant to the authorized investigation described in sub20 section (b).’’. 

21 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

22 CREDIT REPORTS.—Section 626 of the Fair Credit Re23 porting Act (15 U.S.C. 1681u), as amended by this Act, 

24 is amended— 

25 (1) by striking subsection (h); 


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1 (2) by redesignating subsections (d), (e), (f), 

2 and (g) as subsections (e), (f), (g), and (h), respec3 tively; and 

4 (3) by inserting after subsection (c) the fol5 lowing: 

6 ‘‘(d) WRITTEN STATEMENT.—The Director of the 

7 Federal Bureau of Investigation, or a designee in a posi8 tion not lower than Deputy Assistant Director at Bureau 

9 headquarters or a Special Agent in Charge in a Bureau 

10 field office designated by the Director, may make a certifi11 cation under subsection (a) or (b) only upon a written 

12 statement, which shall be retained by the Federal Bureau 

13 of Investigation, of specific facts showing that there are 

14 reasonable grounds to believe that the information sought 

15 is relevant to the authorized investigation described in 

16 subsection (a) or (b), as the case may be.’’. 

17 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

18 FOR COUNTERTERRORISM PURPOSES.—Section 627(b) of 

19 the Fair Credit Reporting Act (15 U.S.C. 1681v(b)) is 

20 amended— 

21 (1) in the subsection heading, by striking 

22 ‘‘FORM OF CERTIFICATION’’ and inserting ‘‘CER23 TIFICATION’’; 

24 (2) by striking ‘‘The certification’’ and inserting 

25 the following: 


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1 ‘‘(1) FORM OF CERTIFICATION.—The certifi2 cation’’; and 

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

4 ‘‘(2) WRITTEN STATEMENT.—A supervisory of5 ficial or officer described in paragraph (1) may 

6 make a certification under subsection (a) only upon 

7 a written statement, which shall be retained by the 

8 government agency, of specific facts showing that 

9 there are reasonable grounds to believe that the in10 formation sought is relevant to the authorized inves11 tigation described in subsection (a).’’. 

12 (d) FINANCIAL RECORDS.—Section 1114(a)(5) of the 

13 Right to Financial Privacy Act of 1978 (12 U.S.C. 

14 3414(a)(5)), as amended by this Act, is amended— 

15 (1) by striking subparagraph (C); 

16 (2) by redesignating subparagraph (B) as sub17 paragraph (C); and 

18 (3) by inserting after subparagraph (A) the fol19 lowing: 

20 ‘‘(B) The Director of the Federal Bureau of Inves21 tigation, or a designee in a position not lower than Deputy 

22 Assistant Director at Bureau headquarters or a Special 

23 Agent in Charge in a Bureau field office designated by 

24 the Director, may make a certification under subpara25 graph (A) only upon a written statement, which shall be 


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1 retained by the Federal Bureau of Investigation, of spe2 cific facts showing that there are reasonable grounds to 

3 believe that the information sought is relevant to the au4 thorized investigation described in subparagraph (A).’’. 

5 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

6 AGENCIES.—Section 802(a) of the National Security Act 

7 of 1947 (50 U.S.C. 3162(a)) is amended by adding at the 

8 end the following: 

9 ‘‘(4) A department or agency head, deputy depart10 ment or agency head, or senior official described in para11 graph (3)(A) may make a certification under paragraph 

12 (3)(A) only upon a written statement, which shall be re13 tained by the authorized investigative agency, of specific 

14 facts showing that there are reasonable grounds to believe 

15 that the information sought is relevant to the authorized 

16 inquiry or investigation described in paragraph 

17 (3)(A)(ii).’’. 

18 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) OBSTRUCTION OF CRIMINAL INVESTIGA20 TIONS.—Section 1510(e) of title 18, United States 

21 Code, is amended by striking ‘‘section 2709(c)(1) of 

22 this title, section 626(d)(1) or 627(c)(1) of the Fair 

23 Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 

24 1681v(c)(1)), section 1114(a)(3)(A) or 

25 1114(a)(5)(D)(i) of the Right to Financial Privacy 


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1 Act (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), 

2 or section 802(b)(1) of the National Security Act of 

3 1947 (50 U.S.C. 403(b)(1))’’ and inserting ‘‘section 

4 2709(d)(1) of this title, section 626(e)(1) or 

5 627(c)(1) of the Fair Credit Reporting Act (15 

6 U.S.C. 1681u(e)(1) and 1681v(c)(1)), section 

7 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to 

8 Financial Privacy Act of 1978 (12 U.S.C. 

9 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 

10 802(b)(1) of the National Security Act of 1947 (50 

11 U.S.C. 3162(b)(1))’’. 

12 (2) SEMIANNUAL REPORTS.—Section 507(b) of 

13 the National Security Act of 1947 (50 U.S.C. 

14 415b(b)) is amended to read as follows: 

15 ‘‘(b) SEMIANNUAL REPORTS.—The dates for the sub16 mittal to the congressional intelligence committees of the 

17 semiannual reports on decisions not to prosecute certain 

18 violations of law under the Classified Information Proce19 dures Act (18 U.S.C. App.), as required by section 13 of 

20 that Act, shall be the dates each year provided in sub21 section (c)(2).’’. 


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1 SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LET2 TERS. 

3 (a) IN GENERAL.—Section 118(c) of the USA PA4 TRIOT Improvement and Reauthorization Act of 2005 

5 (18 U.S.C. 3511 note) is amended to read as follows: 

6 ‘‘(c) REPORTS ON REQUESTS FOR NATIONAL SECU7 RITY LETTERS.— 

8 ‘‘(1) DEFINITIONS.—In this subsection— 

9 ‘‘(A) the term ‘applicable period’ means— 

10 ‘‘(i) with respect to the first report 

11 submitted under paragraph (2) or (3), the 

12 period beginning 180 days after the date 

13 of enactment of the FISA Accountability 

14 and Privacy Protection Act of 2013 and 

15 ending on December 31, 2013; and 

16 ‘‘(ii) with respect to the second report 

17 submitted under paragraph (2) or (3), and 

18 each report thereafter, the 6-month period 

19 ending on the last day of the second month 

20 before the date for submission of the re21 port; and 

22 ‘‘(B) the term ‘United States person’ has 

23 the meaning given that term in section 101 of 

24 the Foreign Intelligence Surveillance Act of 

25 1978 (50 U.S.C. 1801). 

26 ‘‘(2) CLASSIFIED FORM.— 


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1 ‘‘(A) IN GENERAL.—Not later than March 

2 1, 2014, and every 6 months thereafter, the At3 torney General shall submit to the Select Com4 mittee on Intelligence, the Committee on the 

5 Judiciary, and the Committee on Banking, 

6 Housing, and Urban Affairs of the Senate and 

7 the Permanent Select Committee on Intel8 ligence, the Committee on the Judiciary, and 

9 the Committee on Financial Services of the 

10 House of Representatives a report fully inform11 ing the committees concerning the requests 

12 made under section 2709(a) of title 18, United 

13 States Code, section 1114(a)(5)(A) of the Right 

14 to Financial Privacy Act of 1978 (12 U.S.C. 

15 3414(a)(5)(A)), section 626 of the Fair Credit 

16 Reporting Act (15 U.S.C. 1681u), section 627 

17 of the Fair Credit Reporting Act (15 U.S.C. 

18 1681v), or section 802 of the National Security 

19 Act of 1947 (50 U.S.C. 3162) during the appli20 cable period. 

21 ‘‘(B) CONTENTS.—Each report under sub22 paragraph (A) shall include, for each provision 

23 of law described in subparagraph (A)— 


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1 ‘‘(i) the number of authorized re2 quests under the provision, including re3 quests for subscriber information; and 

4 ‘‘(ii) the number of authorized re5 quests under the provision— 

6 ‘‘(I) that relate to a United 

7 States person; 

8 ‘‘(II) that relate to a person that 

9 is not a United States person; 

10 ‘‘(III) that relate to a person 

11 that is— 

12 ‘‘(aa) the subject of an au13 thorized national security inves14 tigation; or 

15 ‘‘(bb) an individual who has 

16 been in contact with or otherwise 

17 directly linked to the subject of 

18 an authorized national security 

19 investigation; and 

20 ‘‘(IV) that relate to a person that 

21 is not known to be the subject of an 

22 authorized national security investiga23 tion or to have been in contact with or 

24 otherwise directly linked to the subject 


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1 of an authorized national security in2 vestigation. 

3 ‘‘(3) UNCLASSIFIED FORM.— 

4 ‘‘(A) IN GENERAL.—Not later than March 

5 1, 2014, and every 6 months thereafter, the At6 torney General shall submit to the Select Com7 mittee on Intelligence, the Committee on the 

8 Judiciary, and the Committee on Banking, 

9 Housing, and Urban Affairs of the Senate and 

10 the Permanent Select Committee on Intel11 ligence, the Committee on the Judiciary, and 

12 the Committee on Financial Services of the 

13 House of Representatives a report fully inform14 ing the committees concerning the aggregate 

15 total of all requests identified under paragraph 

16 (2) during the applicable period. Each report 

17 under this subparagraph shall be in unclassified 

18 form. 

19 ‘‘(B) CONTENTS.—Each report under sub20 paragraph (A) shall include the aggregate total 

21 of requests— 

22 ‘‘(i) that relate to a United States 

23 person; 

24 ‘‘(ii) that relate to a person that is 

25 not a United States person; 


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1 ‘‘(iii) that relate to a person that is— 

2 ‘‘(I) the subject of an authorized 

3 national security investigation; or 

4 ‘‘(II) an individual who has been 

5 in contact with or otherwise directly 

6 linked to the subject of an authorized 

7 national security investigation; and 

8 ‘‘(iv) that relate to a person that is 

9 not known to be the subject of an author10 ized national security investigation or to 

11 have been in contact with or otherwise di12 rectly linked to the subject of an author13 ized national security investigation.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

15 Section 627 of the Fair Credit Reporting Act (15 U.S.C. 

16 1681v) is amended by striking subsection (f). 

17 SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTEL18 LIGENCE SURVEILLANCE ACT OF 1978. 

19 (a) IN GENERAL.—Title VI of the Foreign Intel20 ligence Surveillance Act of 1978 (50 U.S.C. 1871) is 

21 amended by adding at the end the following: 

22 ‘‘SEC. 602. ANNUAL UNCLASSIFIED REPORT. 

23 ‘‘Not later than December 31, 2014, and every year 

24 thereafter, the Attorney General, in consultation with the 

25 Director of National Intelligence, and with due regard for 


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1 the protection of classified information from unauthorized 

2 disclosure, shall submit to the Committee on the Judiciary 

3 and the Select Committee on Intelligence of the Senate 

4 and the Committee on the Judiciary and the Permanent 

5 Select Committee on Intelligence of the House of Rep6 resentatives an unclassified report summarizing how the 

7 authorities under this Act are used, including the impact 

8 of the use of the authorities under this Act on the privacy 

9 of United States persons (as defined in section 101).’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

11 The table of contents in the first section of the Foreign 

12 Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

13 seq.) is amended by inserting after the item relating to 

14 section 601 the following: 

‘‘Sec. 602. Annual unclassified report.’’. 

15 SEC. 10. AUDITS. 

16 (a) TANGIBLE THINGS.—Section 106A of the USA 

17 PATRIOT Improvement and Reauthorization Act of 2005 

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

19 (1) in subsection (b)— 

20 (A) in paragraph (1), by inserting ‘‘and 

21 calendar years 2010 through 2013’’ after 

22 ‘‘2006’’; 

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

24 (C) by redesignating paragraphs (4) and 

25 (5) as paragraphs (2) and (3), respectively; and 


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

2 (i) by striking subparagraph (C) and 

3 inserting the following: 

4 ‘‘(C) with respect to calendar years 2010 

5 through 2013, an examination of the minimiza6 tion procedures used in relation to orders under 

7 section 501 of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1861) and wheth9 er the minimization procedures adequately pro10 tect the constitutional rights of United States 

11 persons.’’; and 

12 (ii) in subparagraph (D), by striking 

13 ‘‘(as such term is defined in section 3(4) of 

14 the National Security Act of 1947 (50 

15 U.S.C. 401a(4)))’’; 

16 (2) in subsection (c), by adding at the end the 

17 following: 

18 ‘‘(3) CALENDAR YEARS 2010 AND 2011.—Not 

19 later than January 1, 2014, the Inspector General 

20 of the Department of Justice shall submit to the 

21 Committee on the Judiciary and the Select Com22 mittee on Intelligence of the Senate and the Com23 mittee on the Judiciary and the Permanent Select 

24 Committee on Intelligence of the House of Rep25 resentatives a report containing the results of the 


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1 audit conducted under subsection (a) for calendar 

2 years 2010 and 2011. 

3 ‘‘(4) CALENDAR YEARS 2012 AND 2013.—Not 

4 later than January 1, 2015, the Inspector General 

5 of the Department of Justice shall submit to the 

6 Committee on the Judiciary and the Select Com7 mittee on Intelligence of the Senate and the Com8 mittee on the Judiciary and the Permanent Select 

9 Committee on Intelligence of the House of Rep10 resentatives a report containing the results of the 

11 audit conducted under subsection (a) for calendar 

12 years 2012 and 2013.’’; 

13 (3) by redesignating subsections (d) and (e) as 

14 subsections (e) and (f), respectively; 

15 (4) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

18 ‘‘(1) IN GENERAL.—For the period beginning 

19 on January 1, 2010 and ending on December 31, 

20 2013, the Inspector General of each element of the 

21 intelligence community outside of the Department of 

22 Justice that used information acquired under title V 

23 of the Foreign Intelligence Surveillance Act of 1978 

24 (50 U.S.C. 1861 et seq.) in the intelligence activities 

25 of the element of the intelligence community shall— 


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1 ‘‘(A) assess the importance of the informa2 tion to the intelligence activities of the element 

3 of the intelligence community; 

4 ‘‘(B) examine the manner in which that in5 formation was collected, retained, analyzed, and 

6 disseminated by the element of the intelligence 

7 community; 

8 ‘‘(C) describe any noteworthy facts or cir9 cumstances relating to orders under title V of 

10 the Foreign Intelligence Surveillance Act of 

11 1978 as the orders relate to the element of the 

12 intelligence community; and 

13 ‘‘(D) examine any minimization procedures 

14 used by the element of the intelligence commu15 nity under title V of the Foreign Intelligence 

16 Surveillance Act of 1978 and whether the mini17 mization procedures adequately protect the con18 stitutional rights of United States persons. 

19 ‘‘(2) SUBMISSION DATES FOR ASSESSMENT.— 

20 ‘‘(A) CALENDAR YEARS 2010 AND 2011.— 

21 Not later than January 1, 2014, the Inspector 

22 General of each element of the intelligence com23 munity that conducts an assessment under this 

24 subsection shall submit to the Committee on the 

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1 ligence of the Senate and the Committee on the 

2 Judiciary and the Permanent Select Committee 

3 on Intelligence of the House of Representative 

4 a report containing the results of the assess5 ment for calendar years 2010 and 2011. 

6 ‘‘(B) CALENDAR YEARS 2012 AND 2013.— 

7 Not later than January 1, 2015, the Inspector 

8 General of each element of the intelligence com9 munity that conducts an assessment under this 

10 subsection shall submit to the Committee on the 

11 Judiciary and the Select Committee on Intel12 ligence of the Senate and the Committee on the 

13 Judiciary and the Permanent Select Committee 

14 on Intelligence of the House of Representatives 

15 a report containing the results of the assess16 ment for calendar years 2012 and 2013.’’; 

17 (5) in subsection (e), as redesignated by para18 graph (3)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘a report under sub21 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

22 report under subsection (c) or (d)’’; and 

23 (ii) by inserting ‘‘and any Inspector 

24 General of an element of the intelligence 


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1 community that submits a report under 

2 this section’’ after ‘‘Justice’’; and 

3 (B) in paragraph (2), by striking ‘‘the re4 ports submitted under subsection (c)(1) and 

5 (c)(2)’’ and inserting ‘‘any report submitted 

6 under subsection (c) or (d)’’; 

7 (6) in subsection (f), as redesignated by para8 graph (3)— 

9 (A) by striking ‘‘The reports submitted 

10 under subsections (c)(1) and (c)(2)’’ and insert11 ing ‘‘Each report submitted under subsection 

12 (c)’’; and 

13 (B) by striking ‘‘subsection (d)(2)’’ and in14 serting ‘‘subsection (e)(2)’’; and 

15 (7) by adding at the end the following: 

16 ‘‘(g) DEFINITIONS.—In this section— 

17 ‘‘(1) the term ‘intelligence community’ has the 

18 meaning given that term in section 3 of the National 

19 Security Act of 1947 (50 U.S.C. 3003); and 

20 ‘‘(2) the term ‘United States person’ has the 

21 meaning given that term in section 101 of the For22 eign Intelligence Surveillance Act of 1978 (50 

23 U.S.C. 1801).’’. 

24 (b) NATIONAL SECURITY LETTERS.—Section 119 of 

25 the USA PATRIOT Improvement and Reauthorization 


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1 Act of 2005 (Public Law 109–177; 120 Stat. 219) is 

2 amended— 

3 (1) in subsection (b)— 

4 (A) in paragraph (1), by inserting ‘‘and 

5 calendar years 2010 through 2013’’ after 

6 ‘‘2006’’; and 

7 (B) in paragraph (3)(C), by striking ‘‘(as 

8 such term is defined in section 3(4) of the Na9 tional Security Act of 1947 (50 U.S.C. 

10 401a(4)))’’; 

11 (2) in subsection (c), by adding at the end the 

12 following: 

13 ‘‘(3) CALENDAR YEARS 2010 AND 2011.—Not 

14 later than January 1, 2014, the Inspector General 

15 of the Department of Justice shall submit to the 

16 Committee on the Judiciary and the Permanent Se17 lect Committee on Intelligence of the House of Rep18 resentatives and the Committee on the Judiciary and 

19 the Select Committee on Intelligence of the Senate 

20 a report containing the results of the audit con21 ducted under subsection (a) for calendar years 2010 

22 and 2011. 

23 ‘‘(4) CALENDAR YEARS 2012 AND 2013.—Not 

24 later than January 1, 2015, the Inspector General 

25 of the Department of Justice shall submit to the 


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1 Committee on the Judiciary and the Permanent Se2 lect Committee on Intelligence of the House of Rep3 resentatives and the Committee on the Judiciary and 

4 the Select Committee on Intelligence of the Senate 

5 a report containing the results of the audit con6 ducted under subsection (a) for calendar years 2012 

7 and 2013.’’; 

8 (3) by striking subsection (g) and inserting the 

9 following: 

10 ‘‘(h) DEFINITIONS.—In this section— 

11 ‘‘(1) the term ‘intelligence community’ has the 

12 meaning given that term in section 3 of the National 

13 Security Act of 1947 (50 U.S.C. 3003); 

14 ‘‘(2) the term ‘national security letter’ means a 

15 request for information under— 

16 ‘‘(A) section 2709(a) of title 18, United 

17 States Code (to access certain communication 

18 service provider records); 

19 ‘‘(B) section 1114(a)(5)(A) of the Right to 

20 Financial Privacy Act of 1978 (12 U.S.C. 

21 3414(a)(5)(A)) (to obtain financial institution 

22 customer records); 

23 ‘‘(C) section 802 of the National Security 

24 Act of 1947 (50 U.S.C. 3162) (to obtain finanVerDate Mar 15 2010 03:10 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1215.IS S1215

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1 cial information, records, and consumer re2 ports); 

3 ‘‘(D) section 626 of the Fair Credit Re4 porting Act (15 U.S.C. 1681u) (to obtain cer5 tain financial information and consumer re6 ports); or 

7 ‘‘(E) section 627 of the Fair Credit Re8 porting Act (15 U.S.C. 1681v) (to obtain credit 

9 agency consumer records for counterterrorism 

10 investigations); and 

11 ‘‘(3) the term ‘United States person’ has the 

12 meaning given that term in section 101 of the For13 eign Intelligence Surveillance Act of 1978 (50 

14 U.S.C. 1801).’’; 

15 (4) by redesignating subsections (d), (e), and 

16 (f) as subsections (e), (f), and (g), respectively; 

17 (5) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

20 ‘‘(1) IN GENERAL.—For the period beginning 

21 on January 1, 2010 and ending on December 31, 

22 2013, the Inspector General of each element of the 

23 intelligence community outside of the Department of 

24 Justice that issued national security letters in the 


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1 intelligence activities of the element of the intel2 ligence community shall— 

3 ‘‘(A) examine the use of national security 

4 letters by the element of the intelligence com5 munity during the period; 

6 ‘‘(B) describe any noteworthy facts or cir7 cumstances relating to the use of national secu8 rity letters by the element of the intelligence 

9 community, including any improper or illegal 

10 use of such authority; 

11 ‘‘(C) assess the importance of information 

12 received under the national security letters to 

13 the intelligence activities of the element of the 

14 intelligence community; and 

15 ‘‘(D) examine the manner in which infor16 mation received under the national security let17 ters was collected, retained, analyzed, and dis18 seminated. 

19 ‘‘(2) SUBMISSION DATES FOR ASSESSMENT.— 

20 ‘‘(A) CALENDAR YEARS 2010 AND 2011.— 

21 Not later than January 1, 2014, the Inspector 

22 General of each element of the intelligence com23 munity that conducts an assessment under this 

24 subsection shall submit to the Committee on the 

25 Judiciary and the Select Committee on IntelVerDate Mar 15 2010 03:10 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1215.IS S1215

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1 ligence of the Senate and the Committee on the 

2 Judiciary and the Permanent Select Committee 

3 on Intelligence of the House of Representatives 

4 a report containing the results of the assess5 ment for calendar years 2010 and 2011. 

6 ‘‘(B) CALENDAR YEARS 2012 AND 2013.— 

7 Not later than January 1, 2015, the Inspector 

8 General of any element of the intelligence com9 munity that conducts an assessment under this 

10 subsection shall submit to the Committee on the 

11 Judiciary and the Select Committee on Intel12 ligence of the Senate and the Committee on the 

13 Judiciary and the Permanent Select Committee 

14 on Intelligence of the House of Representatives 

15 a report containing the results of the assess16 ment for calendar years 2012 and 2013.’’; 

17 (6) in subsection (e), as redesignated by para18 graph (4)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘a report under sub21 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

22 report under subsection (c) or (d)’’; and 

23 (ii) by inserting ‘‘and any Inspector 

24 General of an element of the intelligence 


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1 community that submits a report under 

2 this section’’ after ‘‘Justice’’; and 

3 (B) in paragraph (2), by striking ‘‘the re4 ports submitted under subsection (c)(1) or 

5 (c)(2)’’ and inserting ‘‘any report submitted 

6 under subsection (c) or (d)’’; and 

7 (7) in subsection (f), as redesignated by para8 graph (4)— 

9 (A) by striking ‘‘The reports submitted 

10 under subsections (c)(1) or (c)(2)’’ and insert11 ing ‘‘Each report submitted under subsection 

12 (c)’’; and 

13 (B) by striking ‘‘subsection (d)(2)’’ and in14 serting ‘‘subsection (e)(2)’’. 

15 (c) PEN REGISTERS AND TRAP AND TRACE DE16 VICES.— 

17 (1) AUDITS.—The Inspector General of the De18 partment of Justice shall perform comprehensive au19 dits of the effectiveness and use, including any im20 proper or illegal use, of pen registers and trap and 

21 trace devices under title IV of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1841 et 

23 seq.) during the period beginning on January 1, 

24 2010 and ending on December 31, 2013. 


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1 (2) REQUIREMENTS.—The audits required 

2 under paragraph (1) shall include— 

3 (A) an examination of the use of pen reg4 isters and trap and trace devices under title IV 

5 of the Foreign Intelligence Surveillance Act of 

6 1978 for calendar years 2010 through 2013; 

7 (B) an examination of the installation and 

8 use of a pen register or trap and trace device 

9 on emergency bases under section 403 of the 

10 Foreign Intelligence Surveillance Act of 1978 

11 (50 U.S.C. 1843); 

12 (C) any noteworthy facts or circumstances 

13 relating to the use of a pen register or trap and 

14 trace device under title IV of the Foreign Intel15 ligence Surveillance Act of 1978, including any 

16 improper or illegal use of the authority provided 

17 under that title; and 

18 (D) an examination of the effectiveness of 

19 the authority under title IV of the Foreign In20 telligence Surveillance Act of 1978 as an inves21 tigative tool, including— 

22 (i) the importance of the information 

23 acquired to the intelligence activities of the 

24 Federal Bureau of Investigation; 


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1 (ii) the manner in which the informa2 tion is collected, retained, analyzed, and 

3 disseminated by the Federal Bureau of In4 vestigation, including any direct access to 

5 the information provided to any other de6 partment, agency, or instrumentality of 

7 Federal, State, local, or tribal governments 

8 or any private sector entity; 

9 (iii) with respect to calendar years 

10 2012 and 2013, an examination of the 

11 minimization procedures of the Federal 

12 Bureau of Investigation used in relation to 

13 pen registers and trap and trace devices 

14 under title IV of the Foreign Intelligence 

15 Surveillance Act of 1978 and whether the 

16 minimization procedures adequately protect 

17 the constitutional rights of United States 

18 persons; 

19 (iv) whether, and how often, the Fed20 eral Bureau of Investigation used informa21 tion acquired under a pen register or trap 

22 and trace device under title IV of the For23 eign Intelligence Surveillance Act of 1978 

24 to produce an analytical intelligence prod25 uct for distribution within the Federal BuVerDate Mar 15 2010 03:10 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1215.IS S1215

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1 reau of Investigation, to the intelligence 

2 community, or to another department, 

3 agency, or instrumentality of Federal, 

4 State, local, or tribal governments; and 

5 (v) whether, and how often, the Fed6 eral Bureau of Investigation provided in7 formation acquired under a pen register or 

8 trap and trace device under title IV of the 

9 Foreign Intelligence Surveillance Act of 

10 1978 to law enforcement authorities for 

11 use in criminal proceedings. 

12 (3) SUBMISSION DATES.— 

13 (A) CALENDAR YEARS 2010 AND 2011.— 

14 Not later than January 1, 2014, the Inspector 

15 General of the Department of Justice shall sub16 mit to the Committee on the Judiciary and the 

17 Select Committee on Intelligence of the Senate 

18 and the Committee on the Judiciary and the 

19 Permanent Select Committee on Intelligence of 

20 the House of Representatives a report con21 taining the results of the audits conducted 

22 under paragraph (1) for calendar years 2010 

23 and 2011. 

24 (B) CALENDAR YEARS 2012 AND 2013.— 

25 Not later than January 1, 2015, the Inspector 


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1 General of the Department of Justice shall sub2 mit to the Committee on the Judiciary and the 

3 Select Committee on Intelligence of the Senate 

4 and the Committee on the Judiciary and the 

5 Permanent Select Committee on Intelligence of 

6 the House of Representatives a report con7 taining the results of the audits conducted 

8 under paragraph (1) for calendar years 2012 

9 and 2013. 

10 (4) INTELLIGENCE ASSESSMENT.— 

11 (A) IN GENERAL.—For the period begin12 ning January 1, 2010 and ending on December 

13 31, 2013, the Inspector General of any element 

14 of the intelligence community outside of the De15 partment of Justice that used information ac16 quired under a pen register or trap and trace 

17 device under title IV of the Foreign Intelligence 

18 Surveillance Act of 1978 in the intelligence ac19 tivities of the element of the intelligence com20 munity shall— 

21 (i) assess the importance of the infor22 mation to the intelligence activities of the 

23 element of the intelligence community; 


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1 (ii) examine the manner in which the 

2 information was collected, retained, ana3 lyzed, and disseminated; 

4 (iii) describe any noteworthy facts or 

5 circumstances relating to orders under title 

6 IV of the Foreign Intelligence Surveillance 

7 Act of 1978 as the orders relate to the ele8 ment of the intelligence community; and 

9 (iv) examine any minimization proce10 dures used by the element of the intel11 ligence community in relation to pen reg12 isters and trap and trace devices under 

13 title IV of the Foreign Intelligence Surveil14 lance Act of 1978 and whether the mini15 mization procedures adequately protect the 

16 constitutional rights of United States per17 sons. 

18 (B) SUBMISSION DATES FOR ASSESS19 MENT.— 

20 (i) CALENDAR YEARS 2010 AND

21 2011.—Not later than January 1, 2014, 

22 the Inspector General of each element of 

23 the intelligence community that conducts 

24 an assessment under this paragraph shall 

25 submit to the Committee on the Judiciary 


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1 and the Select Committee on Intelligence 

2 of the Senate and the Committee on the 

3 Judiciary and the Permanent Select Com4 mittee on Intelligence of the House of Rep5 resentative a report containing the results 

6 of the assessment for calendar years 2010 

7 and 2011. 

8 (ii) CALENDAR YEARS 2012 AND

9 2013.—Not later than January 1, 2015, 

10 the Inspector General of each element of 

11 the intelligence community that conducts 

12 an assessment under this paragraph shall 

13 submit to the Committee on the Judiciary 

14 and the Select Committee on Intelligence 

15 of the Senate and the Committee on the 

16 Judiciary and the Permanent Select Com17 mittee on Intelligence of the House of Rep18 resentative a report containing the results 

19 of the assessment for calendar years 2012 

20 and 2013. 

21 (5) PRIOR NOTICE TO ATTORNEY GENERAL AND

22 DIRECTOR OF NATIONAL INTELLIGENCE; COM23 MENTS.— 

24 (A) NOTICE.—Not later than 30 days be25 fore the submission of any report under paraVerDate Mar 15 2010 03:10 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1215.IS S1215

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1 graph (3) or (4), the Inspector General of the 

2 Department of Justice and any Inspector Gen3 eral of an element of the intelligence community 

4 that submits a report under this subsection 

5 shall provide the report to the Attorney General 

6 and the Director of National Intelligence. 

7 (B) COMMENTS.—The Attorney General or 

8 the Director of National Intelligence may pro9 vide such comments to be included in any re10 port submitted under paragraph (3) or (4) as 

11 the Attorney General or the Director of Na12 tional Intelligence may consider necessary. 

13 (6) UNCLASSIFIED FORM.—Each report sub14 mitted under paragraph (3) and any comments in15 cluded in that report under paragraph (5)(B) shall 

16 be in unclassified form, but may include a classified 

17 annex. 

18 (d) DEFINITIONS.—In this section— 

19 (1) the terms ‘‘Attorney General’’, ‘‘foreign in20 telligence information’’, and ‘‘United States person’’ 

21 have the meanings given those terms in section 101 

22 of the Foreign Intelligence Surveillance Act of 1978 

23 (50 U.S.C. 1801); 


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1 (2) the term ‘‘intelligence community’’ has the 

2 meaning given that term in section 3 of the National 

3 Security Act of 1947 (50 U.S.C. 3003); 

4 (3) the term ‘‘minimization procedures’’ has the 

5 meaning given that term in section 401 of the For6 eign Intelligence Surveillance Act of 1978 (50 

7 U.S.C. 1841), as amended by this Act; and 

8 (4) the terms ‘‘pen register’’ and ‘‘trap and 

9 trace device’’ have the meanings given those terms 

10 in section 3127 of title 18, United States Code. 

11 SEC. 11. DELAYED NOTICE SEARCH WARRANTS. 

12 Section 3103a(b)(3) of title 18, United States Code, 

13 is amended by striking ‘‘30 days’’ and inserting ‘‘7 days’’. 

14 SEC. 12. INSPECTOR GENERAL REVIEWS. 

15 (a) AGENCY ASSESSMENTS.—Section 702(l)(2) of the 

16 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

17 1881a(l)(2)) is amended— 

18 (1) in the matter preceding subparagraph (A), 

19 by striking ‘‘authorized to acquire foreign intel20 ligence information under subsection (a)’’ and in21 serting ‘‘with targeting or minimization procedures 

22 approved under this section’’; 

23 (2) in subparagraph (C), by inserting ‘‘United 

24 States persons or’’ after ‘‘later determined to be’’; 

25 and 


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1 (3) in subparagraph (D)— 

2 (A) in the matter preceding clause (i), by 

3 striking ‘‘such review’’ and inserting ‘‘review 

4 conducted under this paragraph’’; 

5 (B) in clause (ii), by striking ‘‘and’’ at the 

6 end; 

7 (C) by redesignating clause (iii) as clause 

8 (iv); and 

9 (D) by inserting after clause (ii), the fol10 lowing: 

11 ‘‘(iii) the Inspector General of the In12 telligence Community; and’’. 

13 (b) INSPECTOR GENERAL OF THE INTELLIGENCE

14 COMMUNITY REVIEW.—Section 702(l) of the Foreign In15 telligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) 

16 is amended— 

17 (1) by redesignating paragraph (3) as para18 graph (4); and 

19 (2) by inserting after paragraph (2) the fol20 lowing: 

21 ‘‘(3) INSPECTOR GENERAL OF THE INTEL22 LIGENCE COMMUNITY REVIEW.— 

23 ‘‘(A) IN GENERAL.—The Inspector General 

24 of the Intelligence Community is authorized to 

25 review the acquisition, use, and dissemination 


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1 of information acquired under subsection (a) in 

2 order to review compliance with the targeting 

3 and minimization procedures adopted in accord4 ance with subsections (d) and (e) and the 

5 guidelines adopted in accordance with sub6 section (f), and in order to conduct the review 

7 required under subparagraph (B). 

8 ‘‘(B) MANDATORY REVIEW.—The Inspec9 tor General of the Intelligence Community shall 

10 review the procedures and guidelines developed 

11 by the intelligence community to implement this 

12 section, with respect to the protection of the 

13 privacy rights of United States persons, includ14 ing— 

15 ‘‘(i) an evaluation of the limitations 

16 outlined in subsection (b), the procedures 

17 approved in accordance with subsections 

18 (d) and (e), and the guidelines adopted in 

19 accordance with subsection (f), with re20 spect to the protection of the privacy rights 

21 of United States persons; and 

22 ‘‘(ii) an evaluation of the cir23 cumstances under which the contents of 

24 communications acquired under subsection 

25 (a) may be searched in order to review the 


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1 communications of particular United 

2 States persons. 

3 ‘‘(C) CONSIDERATION OF OTHER REVIEWS

4 AND ASSESSMENTS.—In conducting a review 

5 under subparagraph (B), the Inspector General 

6 of the Intelligence Community should take into 

7 consideration, to the extent relevant and appro8 priate, any reviews or assessments that have 

9 been completed or are being undertaken under 

10 this section. 

11 ‘‘(D) REPORT.—Not later than December 

12 31, 2014, the Inspector General of the Intel13 ligence Community shall submit a report re14 garding the reviews conducted under this para15 graph to— 

16 ‘‘(i) the Attorney General; 

17 ‘‘(ii) the Director of National Intel18 ligence; and 

19 ‘‘(iii) consistent with the Rules of the 

20 House of Representatives, the Standing 

21 Rules of the Senate, and Senate Resolution 

22 400 of the 94th Congress or any successor 

23 Senate resolution— 

24 ‘‘(I) the congressional intelligence 

25 committees; and 


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1 ‘‘(II) the Committee on the Judi2 ciary of the Senate and the Com3 mittee on the Judiciary of the House 

4 of Representatives. 

5 ‘‘(E) PUBLIC REPORTING OF FINDINGS

6 AND CONCLUSIONS.—In a manner consistent 

7 with the protection of the national security of 

8 the United States, and in unclassified form, the 

9 Inspector General of the Intelligence Commu10 nity shall make publicly available a summary of 

11 the findings and conclusions of the review con12 ducted under subparagraph (B).’’. 

13 (c) ANNUAL REVIEWS.—Section 702(l)(4)(A) of the 

14 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

15 1881a(l)(4)(A)), as redesignated by subsection (b)(1), is 

16 amended— 

17 (1) in the matter preceding clause (i)— 

18 (A) in the first sentence— 

19 (i) by striking ‘‘conducting an acquisi20 tion authorized under subsection (a)’’ and 

21 inserting ‘‘with targeting or minimization 

22 procedures approved under this section’’; 

23 and 


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1 (ii) by striking ‘‘the acquisition’’ and 

2 inserting ‘‘acquisitions under subsection 

3 (a)’’; and 

4 (B) in the second sentence, by striking 

5 ‘‘The annual review’’ and inserting ‘‘As applica6 ble, the annual review’’; and 

7 (2) in clause (iii), by inserting ‘‘United States 

8 persons or’’ after ‘‘later determined to be’’. 

9 SEC. 13. ELECTRONIC SURVEILLANCE. 

10 Section 105(c)(1)(A) of the Foreign Intelligence Sur11 veillance Act of 1978 (50 U.S.C. 1805(c)(1)(A)) is amend12 ed by inserting ‘‘with particularity’’ after ‘‘description’’. 

13 SEC. 14. SEVERABILITY. 

14 If any provision of this Act or an amendment made 

15 by this Act, or the application of the provision to any per16 son or circumstance, is held to be unconstitutional, the 

17 remainder of this Act and the amendments made by this 

18 Act, and the application of the provisions of this Act and 

19 the amendments made by this Act to any other person 

20 or circumstance, shall not be affected thereby. 

21 SEC. 15. OFFSET. 

22 Of the unobligated balances available in the Depart23 ment of Justice Assets Forfeiture Fund established under 

24 section 524(c)(1) of title 28, United States Code, 


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1 $5,000,000 are permanently rescinded and shall be re2 turned to the general fund of the Treasury. 

3 SEC. 16. EFFECTIVE DATE. 

4 The amendments made by sections 3, 4, 5, 6, 7, and 

5 11 shall take effect on the date that is 120 days after 

6 the date of enactment of this Act. 

Æ 


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