II 

113TH CONGRESS 

1ST SESSION S. 1599 

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. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2013 

Mr. LEAHY (for himself, Mr. LEE, Mr. DURBIN, Mr. HELLER, Mr. 

BLUMENTHAL, Ms. MURKOWSKI, Ms. HIRONO, Mr. UDALL of New Mexico, Mr. BEGICH, Ms. BALDWIN, Mr. HEINRICH, Mr. MARKEY, Mr. 

UDALL of Colorado, Ms. WARREN, Mr. MERKLEY, Mr. TESTER, Mr. 

SCHATZ, and Mr. MENENDEZ) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Uniting and Strengthening America by Fulfilling Rights 

4 and Ending Eavesdropping, Dragnet-collection, and On5 line Monitoring Act’’ or the ‘‘USA FREEDOM Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FISA BUSINESS RECORDS REFORMS 

Sec. 101. Privacy protections for business records orders. 

Sec. 102. Inspector general reports on business records orders. 

TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE 

REFORMS 

Sec. 201. Privacy protections for pen registers and trap and trace devices. 

Sec. 202. Inspector general reports on pen registers and trap and trace devices. 

TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE 

THE UNITED STATES REFORMS 

Sec. 301. Clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications 

of United States persons. 

Sec. 302. Protection against collection of wholly domestic communications. 

Sec. 303. Prohibition on reverse targeting. 

Sec. 304. Limits on use of unlawfully obtained information. 

Sec. 305. Modification of FISA Amendments Act of 2008 sunset. 

Sec. 306. Inspector general reviews of authorities. 

TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT 

REFORMS 

Sec. 401. Office of the Special Advocate. 

Sec. 402. Foreign Intelligence Surveillance Court disclosure of opinions. 

Sec. 403. Preservation of rights. 

TITLE V—NATIONAL SECURITY LETTER REFORMS 

Sec. 501. National security letter authority. 

Sec. 502. Limitations on disclosure of national security letters. 

Sec. 503. Judicial review. 

Sec. 504. Inspector general reports on national security letters. 

Sec. 505. National security letter sunset. 

Sec. 506. Technical and conforming amendments. 

TITLE VI—FISA AND NATIONAL SECURITY LETTER 

TRANSPARENCY REFORMS 


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Sec. 601. Third-party reporting on FISA orders and national security letters. 

Sec. 602. Government reporting on FISA orders. 

Sec. 603. Government reporting on national security letters. 

TITLE VII—PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 

SUBPOENA AUTHORITY 

Sec. 701. Privacy and Civil Liberties Oversight Board subpoena authority. 

TITLE VIII—SEVERABILITY 

Sec. 801. Severability. 

1 TITLE I—FISA BUSINESS 

2 RECORDS REFORMS 

3 SEC. 101. PRIVACY PROTECTIONS FOR BUSINESS RECORDS 

4 ORDERS. 

5 (a) PRIVACY PROTECTIONS.— 

6 (1) IN GENERAL.—Section 501(b) of the For7 eign Intelligence Surveillance Act of 1978 (50 

8 U.S.C. 1861(b)) is amended— 

9 (A) in paragraph (1)(B), by striking ‘‘and’’ 

10 after the semicolon; 

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

13 new subparagraphs: 

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

15 there are reasonable grounds to believe that the 

16 tangible things sought— 

17 ‘‘(i) are relevant and material to an 

18 authorized investigation (other than a 

19 threat assessment) conducted in accord20 ance with subsection (a)(2) to— 


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1 ‘‘(I) obtain foreign intelligence 

2 information not concerning a United 

3 States person; or 

4 ‘‘(II) protect against inter5 national terrorism or clandestine intel6 ligence activities; and 

7 ‘‘(ii) pertain to— 

8 ‘‘(I) a foreign power or an agent 

9 of a foreign power; 

10 ‘‘(II) the activities of a suspected 

11 agent of a foreign power who is the 

12 subject of such authorized investiga13 tion; or 

14 ‘‘(III) an individual in contact 

15 with, or known to, a suspected agent 

16 of a foreign power; and 

17 ‘‘(B) a statement of proposed minimization 

18 procedures; and’’; and 

19 (C) by adding at the end the following 

20 paragraph: 

21 ‘‘(3) if the applicant is seeking a nondisclosure 

22 requirement described in subsection (d), shall in23 clude— 


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1 ‘‘(A) the time period during which the 

2 Government believes the nondisclosure require3 ment should apply; 

4 ‘‘(B) a statement of facts showing that 

5 there are reasonable grounds to believe that dis6 closure of particular information about the ex7 istence or contents of the order requiring the 

8 production of tangible things under this section 

9 during such time period will result in— 

10 ‘‘(i) endangering the life or physical 

11 safety of any person; 

12 ‘‘(ii) flight from investigation or pros13 ecution; 

14 ‘‘(iii) destruction of or tampering with 

15 evidence; 

16 ‘‘(iv) intimidation of potential wit17 nesses; 

18 ‘‘(v) interference with diplomatic rela19 tions; 

20 ‘‘(vi) alerting a target, an associate of 

21 a target, or the foreign power of which the 

22 target is an agent, of the interest of the 

23 Government in the target; or 


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1 ‘‘(vii) otherwise seriously endangering 

2 the national security of the United States; 

3 and 

4 ‘‘(C) an explanation of how the nondisclo5 sure requirement is narrowly tailored to address 

6 the specific harm identified under subparagraph 

7 (B).’’. 

8 (2) ORDER.—Section 501(c) of the Foreign In9 telligence Surveillance Act of 1978 (50 U.S.C. 

10 1861(c)) is amended— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘subsections (a) and 

13 (b)’’ and inserting ‘‘subsection (a) and 

14 paragraphs (1) and (2) of subsection (b) 

15 and that the proposed minimization proce16 dures meet the definition of minimization 

17 procedures under subsection (g)’’; and 

18 (ii) by striking the last sentence and 

19 inserting the following: ‘‘If the judge finds 

20 that the requirements of subsection (b)(3) 

21 have been met, such order shall include a 

22 nondisclosure requirement, which may 

23 apply for not longer than 1 year, unless 

24 the facts justify a longer period of non25 disclosure, subject to the principles and 


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1 procedures described in subsection (d).’’; 

2 and 

3 (B) in paragraph (2)— 

4 (i) in subparagraph (C), by inserting 

5 before the semicolon ‘‘, if applicable’’; 

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

7 ‘‘and’’ at the end; 

8 (iii) in subparagraph (E), by striking 

9 the period at the end and inserting ‘‘; 

10 and’’; and 

11 (iv) by adding at the end the following 

12 new subparagraph: 

13 ‘‘(F) shall direct that the minimization 

14 procedures be followed.’’. 

15 (3) NONDISCLOSURE.—Section 501(d) of the 

16 Foreign Intelligence Surveillance Act of 1978 (50 

17 U.S.C. 1861(d)) is amended to read as follows: 

18 ‘‘(d) NONDISCLOSURE.— 

19 ‘‘(1) IN GENERAL.—No person who receives an 

20 order entered under subsection (c) that contains a 

21 nondisclosure requirement shall disclose to any per22 son the particular information specified in the non23 disclosure requirement during the time period to 

24 which the requirement applies. 

25 ‘‘(2) EXCEPTION.— 


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1 ‘‘(A) IN GENERAL.—A person who receives 

2 an order entered under subsection (c) that con3 tains a nondisclosure requirement may disclose 

4 information otherwise subject to any applicable 

5 nondisclosure requirement to— 

6 ‘‘(i) those persons to whom disclosure 

7 is necessary to comply with the order; 

8 ‘‘(ii) an attorney to obtain legal advice 

9 or assistance regarding the order; or 

10 ‘‘(iii) other persons as permitted by 

11 the Director of the Federal Bureau of In12 vestigation or the designee of the Director. 

13 ‘‘(B) APPLICATION.—A person to whom 

14 disclosure is made under subparagraph (A) 

15 shall be subject to the nondisclosure require16 ments applicable to a person to whom an order 

17 is directed under this section in the same man18 ner as the person to whom the order is directed. 

19 ‘‘(C) NOTICE.—Any person who discloses 

20 to a person described in subparagraph (A) in21 formation otherwise subject to a nondisclosure 

22 requirement shall notify the person of the appli23 cable nondisclosure requirement. 

24 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE25 CIPIENTS.—At the request of the Director of 


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1 the Federal Bureau of Investigation or the des2 ignee of the Director, any person making or in3 tending to make a disclosure under clause (i) or 

4 (iii) of subparagraph (A) shall identify to the 

5 Director or such designee the person to whom 

6 such disclosure will be made or to whom such 

7 disclosure was made prior to the request. 

8 ‘‘(3) EXTENSION.—The Director of the Federal 

9 Bureau of Investigation, or a designee of the Direc10 tor (whose rank shall be no lower than Assistant 

11 Special Agent in Charge), may apply for renewals of 

12 the prohibition on disclosure of particular informa13 tion about the existence or contents of an order re14 quiring the production of tangible things under this 

15 section for additional periods of not longer than 1 

16 year, unless the facts justify a longer period of non17 disclosure. A nondisclosure requirement shall be re18 newed if a court having jurisdiction under paragraph 

19 (4) determines that the application meets the re20 quirements of subsection (b)(3). 

21 ‘‘(4) JURISDICTION.—An application for a re22 newal under this subsection shall be made to— 

23 ‘‘(A) a judge of the court established under 

24 section 103(a); or 


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1 ‘‘(B) a United States Magistrate Judge 

2 under chapter 43 of title 28, United States 

3 Code, who is publicly designated by the Chief 

4 Justice of the United States to have the power 

5 to hear applications and grant orders for the 

6 production of tangible things under this section 

7 on behalf of a judge of the court established 

8 under section 103(a).’’. 

9 (4) MINIMIZATION.—Section 501(g) of the For10 eign Intelligence Surveillance Act of 1978 (50 

11 U.S.C. 1861(g)) is amended— 

12 (A) in paragraph (1), by striking ‘‘Not 

13 later than’’ and all that follows and inserting 

14 ‘‘At or before the end of the period of time for 

15 the production of tangible things under an 

16 order entered under this section or at any time 

17 after the production of tangible things under an 

18 order entered under this section, a judge may 

19 assess compliance with the minimization proce20 dures required by such order by reviewing the 

21 circumstances under which information con22 cerning United States persons was acquired, re23 tained, or disseminated.’’; and 

24 (B) in paragraph (2)(A), by inserting ‘‘ac25 quisition and’’ after ‘‘to minimize the’’. 


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1 (5) CONFORMING AMENDMENT.—Section 

2 501(f)(1)(B) of the Foreign Intelligence Surveillance 

3 Act of 1978 (50 U.S.C. 1861(f)(1)(B)) is amended 

4 by striking ‘‘an order imposed under subsection (d)’’ 

5 and inserting ‘‘a nondisclosure requirement imposed 

6 in connection with a production order’’. 

7 (b) JUDICIAL REVIEW.—Section 501(f)(2) of the 

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

9 1861(f)(2)) is amended— 

10 (1) in subparagraph (A)(i)— 

11 (A) by striking ‘‘that order’’ and inserting 

12 ‘‘such production order or any nondisclosure 

13 order imposed in connection with such produc14 tion order’’; and 

15 (B) by striking the second sentence; 

16 (2) by striking subparagraph (C) and inserting 

17 the following new subparagraph: 

18 ‘‘(C) A judge considering a petition to modify or set 

19 aside a nondisclosure order shall grant such petition un20 less the court determines that— 

21 ‘‘(i) there is reason to believe that disclosure of 

22 the information subject to the nondisclosure require23 ment during the time period in which such require24 ment is in effect will result in— 


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1 ‘‘(I) endangering the life or physical safety 

2 of any person; 

3 ‘‘(II) flight from investigation or prosecu4 tion; 

5 ‘‘(III) destruction of or tampering with evi6 dence; 

7 ‘‘(IV) intimidation of potential witnesses; 

8 ‘‘(V) interference with diplomatic relations; 

9 ‘‘(VI) alerting a target, an associate of a 

10 target, or the foreign power of which the target 

11 is an agent, of the interest of the Government 

12 in the target; or 

13 ‘‘(VII) otherwise seriously endangering the 

14 national security of the United States; and 

15 ‘‘(ii) the nondisclosure requirement is narrowly 

16 tailored to address the specific harm identified under 

17 clause (i).’’; and 

18 (3) by adding at the end the following new sub19 paragraph: 

20 ‘‘(E) If a judge denies a petition to modify or set 

21 aside a nondisclosure order under this paragraph, no per22 son may file another petition to modify or set aside such 

23 nondisclosure order until the date that is one year after 

24 the date on which such judge issues the denial of such 

25 petition.’’. 


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1 (c) EMERGENCY AUTHORITY FOR ACCESS TO CALL

2 DETAIL RECORDS.— 

3 (1) IN GENERAL.—Title V of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 1861 et 

5 seq.) is amended— 

6 (A) by redesignating section 502 as section 

7 503; and 

8 (B) by inserting after section 501 the fol9 lowing new section: 

10 ‘‘SEC. 502. EMERGENCY AUTHORITY FOR ACCESS TO CALL 

11 DETAIL RECORDS. 

12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro13 vision of this title, the Attorney General may require the 

14 production of call detail records by the provider of a wire 

15 or electronic communication service on an emergency basis 

16 if— 

17 ‘‘(1) such records— 

18 ‘‘(A) are relevant and material to an au19 thorized investigation (other than a threat as20 sessment) conducted in accordance with section 

21 501(a)(2) to— 

22 ‘‘(i) obtain foreign intelligence infor23 mation not concerning a United States 

24 person; or 


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1 ‘‘(ii) protect against international ter2 rorism or clandestine intelligence activities; 

3 and 

4 ‘‘(B) pertain to— 

5 ‘‘(i) a foreign power or an agent of a 

6 foreign power; 

7 ‘‘(ii) the activities of a suspected 

8 agent of a foreign power who is the subject 

9 of such authorized investigation; or 

10 ‘‘(iii) an individual in contact with, or 

11 known to, a suspected agent of a foreign 

12 power; 

13 ‘‘(2) the Attorney General reasonably deter14 mines that— 

15 ‘‘(A) an emergency requires the production 

16 of such records before an order requiring such 

17 production can with due diligence be obtained 

18 under section 501; and 

19 ‘‘(B) the factual basis for issuance of an 

20 order under section 501 to require the produc21 tion of such records exists; 

22 ‘‘(3) a judge referred to in section 501(b)(1) is 

23 informed by the Attorney General or a designee of 

24 the Attorney General at the time of the required 

25 production of such records that the decision has 


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1 been made to require such production on an emer2 gency basis; and 

3 ‘‘(4) an application in accordance with section 

4 501 is made to such judge as soon as practicable, 

5 but not more than 7 days after the date on which 

6 the Attorney General requires the production of such 

7 records under this section. 

8 ‘‘(b) TERMINATION OF AUTHORITY.— 

9 ‘‘(1) TERMINATION.—In the absence of an 

10 order under section 501 approving the production of 

11 call detail records under subsection (a), the author12 ity to require the production of such records shall 

13 terminate at the earlier of— 

14 ‘‘(A) when the information sought is ob15 tained; 

16 ‘‘(B) when the application for the order is 

17 denied under section 501; or 

18 ‘‘(C) 7 days after the time of the author19 ization by the Attorney General. 

20 ‘‘(2) USE OF INFORMATION.—If an application 

21 for an order under section 501 for the production of 

22 call detail records required to be produced pursuant 

23 to subsection (a) is denied, or in any other case in 

24 which the emergency production of call detail 

25 records under this section is terminated and no 


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1 order under section 501 is issued approving the re2 quired production of such records, no information 

3 obtained or evidence derived from such records shall 

4 be received in evidence or otherwise disclosed in any 

5 trial, hearing, or other proceeding in or before any 

6 court, grand jury, department, office, agency, regu7 latory body, legislative committee, or other authority 

8 of the United States, a State, or political subdivision 

9 thereof, and no information concerning any United 

10 States person acquired from such records shall sub11 sequently be used or disclosed in any other manner 

12 by Federal officers or employees without the consent 

13 of such person, except with the approval of the At14 torney General if the information indicates a threat 

15 of death or serious bodily harm to any person. 

16 ‘‘(c) REPORT.—The Attorney General shall annually 

17 submit to the Permanent Select Committee on Intelligence 

18 and the Committee on the Judiciary of the House of Rep19 resentatives and the Select Committee on Intelligence and 

20 the Committee on the Judiciary of the Senate a report 

21 containing the number of times the authority under this 

22 section was exercised during the calendar year covered by 

23 such report. 

24 ‘‘(d) CALL DETAIL RECORDS DEFINED.—In this sec25 tion, the term ‘call detail records’— 


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1 ‘‘(1) means session identifying information (in2 cluding originating or terminating telephone num3 ber, International Mobile Subscriber Identity num4 ber, or International Mobile Station Equipment 

5 Identity number), telephone calling card numbers, or 

6 the time or duration of a call; and 

7 ‘‘(2) does not include— 

8 ‘‘(A) the contents of any communication 

9 (as defined in section 2510(8) of title 18, 

10 United States Code); 

11 ‘‘(B) the name, address, or financial infor12 mation of a subscriber or customer; or 

13 ‘‘(C) cell site location information.’’. 

14 (2) TABLE OF CONTENTS AMENDMENT.—The 

15 table of contents in the first section of the Foreign 

16 Intelligence Surveillance Act of 1978 is amended by 

17 striking the item relating to section 502 and insert18 ing the following new items: 

‘‘502. Emergency authority for access to call detail records. 

‘‘503. Congressional oversight.’’. 

19 (3) CONFORMING AMENDMENT.—Section 

20 102(b) of the USA PATRIOT Improvement and Re21 authorization Act of 2005 (50 U.S.C. 1805 note) is 

22 amended by striking ‘‘sections 501, 502, and’’ and 

23 inserting ‘‘title V and section’’. 


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1 SEC. 102. INSPECTOR GENERAL REPORTS ON BUSINESS 

2 RECORDS ORDERS. 

3 Section 106A of the USA PATRIOT Improvement 

4 and Reauthorization Act of 2005 (Public Law 109–177; 

5 120 Stat. 200) is amended— 

6 (1) in subsection (b)— 

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

8 calendar years 2010 through 2013’’ after 

9 ‘‘2006’’; 

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

11 (C) by redesignating paragraphs (4) and 

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

13 (D) in paragraph (3) (as so redesig14 nated)— 

15 (i) by striking subparagraph (C) and 

16 inserting the following new subparagraph: 

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

18 through 2013, an examination of the minimiza19 tion procedures used in relation to orders under 

20 section 501 of the Foreign Intelligence Surveil21 lance Act of 1978 (50 U.S.C. 1861) and wheth22 er the minimization procedures adequately pro23 tect the constitutional rights of United States 

24 persons;’’; and 

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

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


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1 the National Security Act of 1947 (50 

2 U.S.C. 401a(4)))’’; 

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

4 following new paragraph: 

5 ‘‘(3) CALENDAR YEARS 2010 THROUGH 2013.— 

6 Not later than December 31, 2014, the Inspector 

7 General of the Department of Justice shall submit 

8 to the Committee on the Judiciary and the Select 

9 Committee on Intelligence of the Senate and the 

10 Committee on the Judiciary and the Permanent Se11 lect Committee on Intelligence of the House of Rep12 resentatives a report containing the results of the 

13 audit conducted under subsection (a) for calendar 

14 years 2010 through 2013.’’; 

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

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

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

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 the Intelligence Com23 munity shall— 

24 ‘‘(A) assess the importance of the informa25 tion acquired under title V of the Foreign IntelVerDate Mar 15 2010 07:28 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1599.IS S1599

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1 ligence Surveillance Act of 1978 (50 U.S.C. 

2 1861 et seq.) to the activities of the intelligence 

3 community; 

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

6 disseminated by the intelligence community; 

7 ‘‘(C) describe any noteworthy facts or cir8 cumstances relating to orders under such title; 

9 ‘‘(D) examine any minimization procedures 

10 used by elements of the intelligence community 

11 under such title and whether the minimization 

12 procedures adequately protect the constitutional 

13 rights of United States persons; and 

14 ‘‘(E) examine any minimization procedures 

15 proposed by an element of the intelligence com16 munity under such title that were modified or 

17 denied by the court established under section 

18 103(a) of such Act (50 U.S.C. 1803(a)). 

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

20 Not later than December 31, 2014, the Inspector 

21 General of the Intelligence Community shall submit 

22 to the Committee on the Judiciary and the Select 

23 Committee on Intelligence of the Senate and the 

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1 resentatives a report containing the results of the 

2 assessment for calendar years 2010 through 2013.’’; 

3 (5) in subsection (e), as redesignated by para4 graph (3)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘a report under sub7 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

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

9 (ii) by striking ‘‘Inspector General of 

10 the Department of Justice’’ and inserting 

11 ‘‘Inspector General of the Department of 

12 Justice, the Inspector General of the Intel13 ligence Community, and any Inspector 

14 General of an element of the intelligence 

15 community that prepares a report to assist 

16 the Inspector General of the Department 

17 of Justice or the Inspector General of the 

18 Intelligence Community in complying with 

19 the requirements of this section’’; and 

20 (B) in paragraph (2), by striking ‘‘the re21 ports submitted under subsection (c)(1) and 

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

23 under subsection (c) or (d)’’; 

24 (6) in subsection (f), as redesignated by para25 graph (3)— 


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1 (A) by striking ‘‘The reports submitted 

2 under subsections (c)(1) and (c)(2)’’ and insert3 ing ‘‘Each report submitted under subsection 

4 (c)’’; and 

5 (B) by striking ‘‘subsection (d)(2)’’ and in6 serting ‘‘subsection (e)(2)’’; and 

7 (7) by adding at the end the following new sub8 section: 

9 ‘‘(g) DEFINITIONS.—In this section: 

10 ‘‘(1) INTELLIGENCE COMMUNITY.—The term 

11 ‘intelligence community’ has the meaning given that 

12 term in section 3 of the National Security Act of 

13 1947 (50 U.S.C. 3003). 

14 ‘‘(2) UNITED STATES PERSON.—The term 

15 ‘United States person’ has the meaning given that 

16 term in section 101 of the Foreign Intelligence Sur17 veillance Act of 1978 (50 U.S.C. 1801).’’. 

18 TITLE II—FISA PEN REGISTER 

19 AND TRAP AND TRACE DE20 VICE REFORMS 

21 SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS 

22 AND TRAP AND TRACE DEVICES. 

23 (a) APPLICATION.—Section 402(c) of the Foreign In24 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 

25 is amended— 


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

2 end; and 

3 (2) by striking paragraph (2) and inserting the 

4 following new paragraphs: 

5 ‘‘(2) a statement of facts showing that there 

6 are reasonable grounds to believe that the informa7 tion sought— 

8 ‘‘(A) is relevant and material to an author9 ized investigation to obtain foreign intelligence 

10 information not concerning a United States per11 son or to protect against international terrorism 

12 or clandestine intelligence activities (other than 

13 a threat assessment), provided that such inves14 tigation of a United States person is not con15 ducted solely upon the basis of activities pro16 tected by the First Amendment to the Constitu17 tion of the United States; and 

18 ‘‘(B) pertain to— 

19 ‘‘(i) a foreign power or an agent of a 

20 foreign power; 

21 ‘‘(ii) the activities of a suspected 

22 agent of a foreign power who is the subject 

23 of such authorized investigation; or 


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1 ‘‘(iii) an individual in contact with, or 

2 known to, a suspected agent of a foreign 

3 power; and 

4 ‘‘(3) a statement of proposed minimization pro5 cedures.’’. 

6 (b) MINIMIZATION.— 

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

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

9 1841) is amended by adding at the end the following 

10 new paragraph: 

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

12 means— 

13 ‘‘(A) specific procedures that are reason14 ably designed in light of the purpose and tech15 nique of an order for the installation and use 

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

17 minimize the acquisition and retention, and pro18 hibit the dissemination, of nonpublicly available 

19 information concerning unconsenting United 

20 States persons consistent with the need of the 

21 United States to obtain, produce, and dissemi22 nate foreign intelligence information; 

23 ‘‘(B) procedures that require that nonpub24 licly available information, which is not foreign 

25 intelligence information, as defined in section 


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1 101(e)(1), shall not be disseminated in a man2 ner that identifies any United States person, 

3 without such person’s consent, unless such per4 son’s identity is necessary to understand foreign 

5 intelligence information or assess its impor6 tance; and 

7 ‘‘(C) notwithstanding subparagraphs (A) 

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

9 and dissemination of information that is evi10 dence of a crime which has been, is being, or 

11 is about to be committed and that is to be re12 tained or disseminated for law enforcement pur13 poses.’’. 

14 (2) PROCEDURES REQUIRED.—Section 402 of 

15 the Foreign Intelligence Surveillance Act of 1978 

16 (50 U.S.C. 1842) is amended— 

17 (A) in subsection (d)— 

18 (i) in paragraph (1), by inserting 

19 ‘‘and that the proposed minimization pro20 cedures meet the definition of minimization 

21 procedures under this title’’ before the pe22 riod at the end; and 

23 (ii) in paragraph (2)(B)— 

24 (I) in clause (ii)(II), by striking 

25 ‘‘and’’ after the semicolon; and 


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1 (II) by adding at the end the fol2 lowing new clause: 

3 ‘‘(iv) the minimization procedures be 

4 followed; and’’; and 

5 (B) by adding at the end the following new 

6 subsection: 

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

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

9 and trace device is approved under an order or an exten10 sion under this section, the judge may assess compliance 

11 with the minimization procedures by reviewing the cir12 cumstances under which information concerning United 

13 States persons was acquired, retained, or disseminated.’’. 

14 (3) EMERGENCIES.—Section 403 of the For15 eign Intelligence Surveillance Act of 1978 (50 

16 U.S.C. 1843) is amended— 

17 (A) by redesignating subsection (c) as sub18 section (d); and 

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

20 following new subsection: 

21 ‘‘(c) If the Attorney General authorizes the emer22 gency installation and use of a pen register or trap and 

23 trace device under this section, the Attorney General shall 

24 require that minimization procedures required by this title 

25 for the issuance of a judicial order be followed.’’. 


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

2 of the Foreign Intelligence Surveillance Act of 1978 

3 (50 U.S.C. 1845(a)(1)) is amended by inserting 

4 ‘‘and the minimization procedures required under 

5 the order approving such pen register or trap and 

6 trace device’’ after ‘‘of this section’’. 

7 (c) TRANSITION PROCEDURES.— 

8 (1) ORDERS IN EFFECT.—Notwithstanding the 

9 amendments made by this section, an order entered 

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

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

12 that is in effect on the effective date of the amend13 ments made by this section shall remain in effect 

14 until the expiration of the order. 

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

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

17 subject to the requirements of the Foreign Intel18 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

19 seq.), as amended by this Act. 

20 SEC. 202. INSPECTOR GENERAL REPORTS ON PEN REG21 ISTERS AND TRAP AND TRACE DEVICES. 

22 (a) AUDITS.—The Inspector General of the Depart23 ment of Justice shall perform comprehensive audits of the 

24 effectiveness and use, including any improper or illegal 

25 use, of pen registers and trap and trace devices under title 


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1 IV of the Foreign Intelligence Surveillance Act of 1978 

2 (50 U.S.C. 1841 et seq.) during the period beginning on 

3 January 1, 2010, and ending on December 31, 2013. 

4 (b) REQUIREMENTS.—The audits required under 

5 subsection (a) shall include— 

6 (1) an examination of the use of pen registers 

7 and trap and trace devices under such title for cal8 endar years 2010 through 2013; 

9 (2) an examination of the installation and use 

10 of a pen register or trap and trace device on emer11 gency bases under section 403 of such Act (50 

12 U.S.C. 1843); 

13 (3) an examination of any noteworthy facts or 

14 circumstances relating to the use of a pen register 

15 or trap and trace device under such title, including 

16 any improper or illegal use of the authority provided 

17 under such title; and 

18 (4) an examination of the effectiveness of the 

19 authority under such title as an investigative tool, 

20 including— 

21 (A) the importance of the information ac22 quired to the intelligence activities of the Fed23 eral Bureau of Investigation; 

24 (B) the manner in which the information is 

25 collected, retained, analyzed, and disseminated 


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1 by the Federal Bureau of Investigation, includ2 ing any direct access to the information pro3 vided to any other department, agency, or in4 strumentality of Federal, State, local, or tribal 

5 governments or any private sector entity; 

6 (C) whether, and how often, the Federal 

7 Bureau of Investigation used information ac8 quired under a pen register or trap and trace 

9 device under such title to produce an analytical 

10 intelligence product for distribution within the 

11 Federal Bureau of Investigation, to the intel12 ligence community, or to another department, 

13 agency, or instrumentality of Federal, State, 

14 local, or tribal governments; and 

15 (D) whether, and how often, the Federal 

16 Bureau of Investigation provided information 

17 acquired under a pen register or trap and trace 

18 device under such title to law enforcement au19 thorities for use in criminal proceedings. 

20 (c) REPORT.—Not later than December 31, 2014, the 

21 Inspector General of the Department of Justice shall sub22 mit to the Committee on the Judiciary and the Select 

23 Committee on Intelligence of the Senate and the Com24 mittee on the Judiciary and the Permanent Select Com25 mittee on Intelligence of the House of Representatives a 


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1 report containing the results of the audits conducted 

2 under subsection (a) for calendar years 2010 through 

3 2013. 

4 (d) INTELLIGENCE ASSESSMENT.— 

5 (1) IN GENERAL.—For the period beginning 

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

7 2013, the Inspector General of the Intelligence Com8 munity shall— 

9 (A) assess the importance of the informa10 tion to the activities of the intelligence commu11 nity; 

12 (B) examine the manner in which the in13 formation was collected, retained, analyzed, and 

14 disseminated; 

15 (C) describe any noteworthy facts or cir16 cumstances relating to orders under title IV of 

17 the Foreign Intelligence Surveillance Act of 

18 1978 (50 U.S.C. 1841 et seq.); and 

19 (D) examine any minimization procedures 

20 used by elements of the intelligence community 

21 in relation to pen registers and trap and trace 

22 devices under title IV of the Foreign Intel23 ligence Surveillance Act of 1978 (50 U.S.C. 

24 1841 et seq.) and whether the minimization 


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1 procedures adequately protect the constitutional 

2 rights of United States persons. 

3 (2) SUBMISSION DATES FOR ASSESSMENT.— 

4 Not later than December 31, 2014, the Inspector 

5 General of the Intelligence Community shall submit 

6 to the Committee on the Judiciary and the Select 

7 Committee on Intelligence of the Senate and the 

8 Committee on the Judiciary and the Permanent Se9 lect Committee on Intelligence of the House of Rep10 resentatives a report containing the results of the 

11 assessment for calendar years 2010 through 2013. 

12 (e) PRIOR NOTICE TO ATTORNEY GENERAL AND DI13 RECTOR OF NATIONAL INTELLIGENCE; COMMENTS.— 

14 (1) NOTICE.—Not later than 30 days before the 

15 submission of any report under subsection (c) or (d), 

16 the Inspector General of the Department of Justice 

17 and the Inspector General of the Intelligence Com18 munity shall provide the report to the Attorney Gen19 eral and the Director of National Intelligence. 

20 (2) COMMENTS.—The Attorney General or the 

21 Director of National Intelligence may provide such 

22 comments to be included in any report submitted 

23 under subsection (c) or (d) as the Attorney General 

24 or the Director of National Intelligence may consider 

25 necessary. 


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1 (f) UNCLASSIFIED FORM.—Each report submitted 

2 under subsection (c) and any comments included in that 

3 report under subsection (e)(2) shall be in unclassified 

4 form, but may include a classified annex. 

5 (g) DEFINITIONS.—In this section— 

6 (1) the terms ‘‘Attorney General’’, ‘‘foreign in7 telligence information’’, and ‘‘United States person’’ 

8 have the meanings given those terms in section 101 

9 of the Foreign Intelligence Surveillance Act of 1978 

10 (50 U.S.C. 1801); 

11 (2) 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 (3) the term ‘‘minimization procedures’’ has the 

15 meaning given that term in section 401 of the For16 eign Intelligence Surveillance Act of 1978 (50 

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

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

19 trace device’’ have the meanings given those terms 

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


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1 TITLE III—FISA ACQUISITIONS 

2 TARGETING PERSONS OUT3 SIDE THE UNITED STATES RE4 FORMS 

5 SEC. 301. CLARIFICATION ON PROHIBITION ON SEARCHING 

6 OF COLLECTIONS OF COMMUNICATIONS TO 

7 CONDUCT WARRANTLESS SEARCHES FOR 

8 THE COMMUNICATIONS OF UNITED STATES 

9 PERSONS. 

10 Section 702(b) of the Foreign Intelligence Surveil11 lance Act of 1978 (50 U.S.C. 1881a(b)) is amended— 

12 (1) by redesignating paragraphs (1) through 

13 (5) as subparagraphs (A) through (E), respectively, 

14 and indenting such subparagraphs, as so redesig15 nated, an additional two ems from the left margin; 

16 (2) by striking ‘‘An acquisition’’ and inserting 

17 the following: 

18 ‘‘(1) IN GENERAL.—An acquisition’’; and 

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

20 paragraph: 

21 ‘‘(2) CLARIFICATION ON PROHIBITION ON

22 SEARCHING OF COLLECTIONS OF COMMUNICATIONS

23 OF UNITED STATES PERSONS.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), no officer or employee of the 


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1 United States may conduct a search of a collec2 tion of communications acquired under this sec3 tion in an effort to find communications of a 

4 particular United States person (other than a 

5 corporation). 

6 ‘‘(B) CONCURRENT AUTHORIZATION AND

7 EXCEPTION FOR EMERGENCY SITUATIONS.— 

8 Subparagraph (A) shall not apply to a search 

9 for communications related to a particular 

10 United States person if— 

11 ‘‘(i) such United States person is the 

12 subject of an order or emergency author13 ization authorizing electronic surveillance 

14 or physical search under section 105, 304, 

15 703, 704, or 705, or title 18, United 

16 States Code, for the effective period of that 

17 order; 

18 ‘‘(ii) the entity carrying out the 

19 search has a reasonable belief that the life 

20 or safety of such United States person is 

21 threatened and the information is sought 

22 for the purpose of assisting that person; or 

23 ‘‘(iii) such United States person has 

24 consented to the search.’’. 


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1 SEC. 302. PROTECTION AGAINST COLLECTION OF WHOLLY 

2 DOMESTIC COMMUNICATIONS. 

3 (a) IN GENERAL.—Section 702 of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 1881a) is 

5 amended— 

6 (1) in subsection (d)(1)— 

7 (A) in subparagraph (A), by striking 

8 ‘‘and’’ at the end; 

9 (B) in subparagraph (B), by striking the 

10 period and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(C) limit the acquisition of the contents 

14 of any communication to those communica15 tions— 

16 ‘‘(i) to which any party is a target of 

17 the acquisition; or 

18 ‘‘(ii) that contain an account identifier 

19 of a target of an acquisition, only if such 

20 communications are acquired to protect 

21 against international terrorism or the 

22 international proliferation of weapons of 

23 mass destruction.’’; and 

24 (2) in subsection (i)(2)(B)— 

25 (A) in clause (i), by striking ‘‘; and’’ and 

26 inserting a semicolon; 


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1 (B) in clause (ii), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 clause: 

5 ‘‘(iii) limit the acquisition of the con6 tents of any communication to those com7 munications— 

8 ‘‘(I) to which any party is a tar9 get of the acquisition; or 

10 ‘‘(II) that contain an account 

11 identifier of the target of an acquisi12 tion, only if such communications are 

13 acquired to protect against inter14 national terrorism or the international 

15 proliferation of weapons of mass de16 struction.’’. 

17 (b) CONFORMING AMENDMENT.—Section 701 of the 

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

19 1881) is amended— 

20 (1) in subsection (a)— 

21 (A) by inserting ‘‘ ‘international ter22 rorism’,’’ after ‘‘ ‘foreign power’,’’; and 

23 (B) by striking ‘‘and ‘United States per24 son’ ’’ and inserting ‘‘ ‘United States person’, 

25 and ‘weapon of mass destruction’ ’’; and 


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1 (2) in subsection (b)— 

2 (A) by redesignating paragraphs (1) 

3 through (5) as paragraphs (2) through (6), re4 spectively; and 

5 (B) by inserting before paragraph (2), as 

6 so redesignated, the following new paragraph: 

7 ‘‘(1) ACCOUNT IDENTIFIER.—The term ‘ac8 count identifier’ means a telephone or instrument 

9 number, other subscriber number, email address, or 

10 username used to uniquely identify an account.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 subsections (a) and (b) shall take effect on the date that 

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

14 SEC. 303. PROHIBITION ON REVERSE TARGETING. 

15 Section 702(b)(1)(B) of the Foreign Intelligence Sur16 veillance Act of 1978 (50 U.S.C. 1881a), as redesignated 

17 by section 301(1) of this Act, is amended by striking ‘‘the 

18 purpose’’ and inserting ‘‘a significant purpose’’. 

19 SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED IN20 FORMATION. 

21 Section 702(i)(3) of the Foreign Intelligence Surveil22 lance Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by 

23 striking subparagraph (B) and inserting the following new 

24 subparagraph: 

25 ‘‘(B) CORRECTION OF DEFICIENCIES.— 


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1 ‘‘(i) IN GENERAL.—If the Court finds 

2 that a certification required by subsection 

3 (g) does not contain all of the required ele4 ments, or that the procedures required by 

5 subsections (d) and (e) are not consistent 

6 with the requirements of those subsections 

7 or the Fourth Amendment to the Constitu8 tion of the United States, the Court shall 

9 issue an order directing the Government 

10 to, at the Government’s election and to the 

11 extent required by the order of the 

12 Court— 

13 ‘‘(I) correct any deficiency identi14 fied by the order of the Court not 

15 later than 30 days after the date on 

16 which the Court issues the order; or 

17 ‘‘(II) cease, or not begin, the im18 plementation of the authorization for 

19 which such certification was sub20 mitted. 

21 ‘‘(ii) LIMITATION ON USE OF INFOR22 MATION.— 

23 ‘‘(I) IN GENERAL.—Except as 

24 provided in subclause (II), no infor25 mation obtained or evidence derived 


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1 from an acquisition pursuant to a cer2 tification or targeting or minimization 

3 procedures subject to an order under 

4 clause (i) concerning any United 

5 States person shall be received in evi6 dence or otherwise disclosed in any 

7 trial, hearing, or other proceeding in 

8 or before any court, grand jury, de9 partment, office, agency, regulatory 

10 body, legislative committee, or other 

11 authority of the United States, a 

12 State, or political subdivision thereof, 

13 and no information concerning any 

14 United States person acquired from 

15 the acquisition shall subsequently be 

16 used or disclosed in any other manner 

17 by Federal officers or employees with18 out the consent of the United States 

19 person, except with the approval of 

20 the Attorney General if the informa21 tion indicates a threat of death or se22 rious bodily harm to any person. 

23 ‘‘(II) EXCEPTION.—If the Gov24 ernment corrects any deficiency iden25 tified by the order of the Court under 


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1 clause (i), the Court may permit the 

2 use or disclosure of information ac3 quired before the date of the correc4 tion under such minimization proce5 dures as the Court shall establish for 

6 purposes of this clause.’’. 

7 SEC. 305. MODIFICATION OF FISA AMENDMENTS ACT OF 

8 2008 SUNSET. 

9 (a) MODIFICATION.—Section 403(b)(1) of the FISA 

10 Amendments Act of 2008 (Public Law 110–261; 50 

11 U.S.C. 1881 note) is amended by striking ‘‘December 31, 

12 2017’’ and inserting ‘‘June 1, 2015’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 Section 403(b)(2) of such Act (Public Law 110–261; 122 

15 Stat. 2474) is amended by striking ‘‘December 31, 2017’’ 

16 and inserting ‘‘June 1, 2015’’. 

17 (c) ORDERS IN EFFECT.—Section 404(b)(1) of such 

18 Act (Public Law 110–261; 50 U.S.C. 1801 note) is 

19 amended in the paragraph heading by striking ‘‘DECEM20 BER 31, 2017’’ and inserting ‘‘JUNE 1, 2015’’. 

21 SEC. 306. INSPECTOR GENERAL REVIEWS OF AUTHORITIES. 

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

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

24 1881a(l)(2)) is amended— 


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

2 by striking ‘‘authorized to acquire foreign intel3 ligence information under subsection (a)’’ and in4 serting ‘‘subject to the targeting or minimization 

5 procedures approved under this section’’; 

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

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

8 and 

9 (3) in subparagraph (D)— 

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

11 striking ‘‘such review’’ and inserting ‘‘review 

12 conducted under this paragraph’’; 

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

14 end; 

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

16 (iv); and 

17 (D) by inserting after clause (ii) the fol18 lowing new clause: 

19 ‘‘(iii) the Inspector General of the In20 telligence Community; and’’. 

21 (b) INSPECTOR GENERAL OF THE INTELLIGENCE

22 COMMUNITY REVIEW.— 

23 (1) RECURRING REVIEWS.—Section 702(l) of 

24 the Foreign Intelligence Surveillance Act of 1978 

25 (50 U.S.C. 1881a(l)) is amended— 


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1 (A) by redesignating paragraph (3) as 

2 paragraph (4); and 

3 (B) by inserting after paragraph (2) the 

4 following new paragraph: 

5 ‘‘(3) INSPECTOR GENERAL OF THE INTEL6 LIGENCE COMMUNITY REVIEW.— 

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

8 of the Intelligence Community is authorized to 

9 review the acquisition, use, and dissemination 

10 of information acquired under subsection (a) to 

11 review compliance with the targeting and mini12 mization procedures adopted in accordance with 

13 subsections (d) and (e) and the guidelines 

14 adopted in accordance with subsection (f), and 

15 in order to conduct the review required under 

16 subparagraph (B). 

17 ‘‘(B) MANDATORY REVIEW.—The Inspec18 tor General of the Intelligence Community shall 

19 review the procedures and guidelines developed 

20 by the elements of the intelligence community 

21 to implement this section, with respect to the 

22 protection of the privacy rights of United States 

23 persons, including— 

24 ‘‘(i) an evaluation of the limitations 

25 outlined in subsection (b), the procedures 


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1 approved in accordance with subsections 

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

3 accordance with subsection (f), with re4 spect to the protection of the privacy rights 

5 of United States persons; and 

6 ‘‘(ii) an evaluation of the circum7 stances under which the contents of com8 munications acquired under subsection (a) 

9 may be searched in order to review the 

10 communications of particular United 

11 States persons. 

12 ‘‘(C) CONSIDERATION OF OTHER REVIEWS

13 AND ASSESSMENTS.—In conducting a review 

14 under subparagraph (B), the Inspector General 

15 of the Intelligence Community shall take into 

16 consideration, to the extent relevant and appro17 priate, any reviews or assessments that have 

18 been completed or are being undertaken under 

19 this section. 

20 ‘‘(D) PUBLIC REPORTING OF FINDINGS

21 AND CONCLUSIONS.—In a manner consistent 

22 with the protection of the national security of 

23 the United States, and in unclassified form, the 

24 Inspector General of the Intelligence Commu25 nity shall make publicly available a summary of 


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1 the findings and conclusions of the review con2 ducted under subparagraph (B).’’. 

3 (2) REPORT.—Not later than December 31, 

4 2014, the Inspector General of the Intelligence Com5 munity shall submit a report regarding the reviews 

6 conducted under paragraph (3) of section 702(l) of 

7 the Foreign Intelligence Surveillance Act of 1978 

8 (50 U.S.C. 1881a(l)), as amended by paragraph (1) 

9 of this subsection, to— 

10 (A) the Attorney General; 

11 (B) the Director of National Intelligence; 

12 and 

13 (C) consistent with the Rules of the House 

14 of Representatives, the Standing Rules of the 

15 Senate, and Senate Resolution 400 of the 94th 

16 Congress or any successor Senate resolution— 

17 (i) the congressional intelligence com18 mittees; and 

19 (ii) the Committee on the Judiciary of 

20 the Senate and the Committee on the Ju21 diciary of the House of Representatives. 

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

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

24 1881a(l)(4)(A)), as redesignated by subsection (b)(1), is 

25 amended— 


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

2 (A) in the first sentence— 

3 (i) by striking ‘‘conducting an acquisi4 tion authorized under subsection (a)’’ and 

5 inserting ‘‘subject to targeting or mini6 mization procedures approved under this 

7 section’’; and 

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

9 inserting ‘‘acquisitions under subsection 

10 (a)’’; and 

11 (B) in the second sentence, by striking 

12 ‘‘acquisitions’’ and inserting ‘‘information ob13 tained through an acquisition’’; and 

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

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

16 TITLE IV—FOREIGN INTEL17 LIGENCE SURVEILLANCE 

18 COURT REFORMS 

19 SEC. 401. OFFICE OF THE SPECIAL ADVOCATE. 

20 (a) ESTABLISHMENT.—The Foreign Intelligence Sur21 veillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended 

22 by adding at the end the following new title: 


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1 ‘‘TITLE IX—OFFICE OF THE 

2 SPECIAL ADVOCATE 

3 ‘‘SEC. 901. DEFINITIONS. 

4 ‘‘In this title: 

5 ‘‘(1) DECISION.—The term ‘decision’ means a 

6 decision, order, or opinion issued by the Foreign In7 telligence Surveillance Court or the Foreign Intel8 ligence Surveillance Court of Review. 

9 ‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE

10 COURT; COURT.—The terms ‘Foreign Intelligence 

11 Surveillance Court’ and ‘Court’ mean the court es12 tablished under section 103(a) and the petition re13 view pool established under section 103(e). 

14 ‘‘(3) FOREIGN INTELLIGENCE SURVEILLANCE

15 COURT OF REVIEW; COURT OF REVIEW.—The terms 

16 ‘Foreign Intelligence Surveillance Court of Review’ 

17 and ‘Court of Review’ mean the court of review es18 tablished under section 103(b). 

19 ‘‘(4) OFFICE.—The term ‘Office’ means the Of20 fice of the Special Advocate established under sec21 tion 902(a). 

22 ‘‘(5) SIGNIFICANT CONSTRUCTION OR INTER23 PRETATION OF LAW.—The term ‘significant con24 struction or interpretation of law’ means a signifiVerDate Mar 15 2010 07:28 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1599.IS S1599

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1 cant construction or interpretation of a provision, as 

2 that term is construed under section 601(c). 

3 ‘‘(6) SPECIAL ADVOCATE.—The term ‘Special 

4 Advocate’ means the Special Advocate appointed 

5 under section 902(b). 

6 ‘‘SEC. 902. OFFICE OF THE SPECIAL ADVOCATE. 

7 ‘‘(a) ESTABLISHMENT.—There is established within 

8 the judicial branch of the United States an Office of the 

9 Special Advocate. 

10 ‘‘(b) SPECIAL ADVOCATE.— 

11 ‘‘(1) IN GENERAL.—The head of the Office is 

12 the Special Advocate. 

13 ‘‘(2) APPOINTMENT AND TERM.— 

14 ‘‘(A) APPOINTMENT.—The Chief Justice of 

15 the United States shall appoint the Special Ad16 vocate from the list of candidates submitted 

17 under subparagraph (B). 

18 ‘‘(B) LIST OF CANDIDATES.—The Privacy 

19 and Civil Liberties Oversight Board shall sub20 mit to the Chief Justice a list of not less than 

21 5 qualified candidates to serve as Special Advo22 cate. The Board shall select candidates for such 

23 list whom the Board believes will be zealous and 

24 effective advocates in defense of civil liberties 


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1 and consider with respect to each potential can2 didate— 

3 ‘‘(i) the litigation and other profes4 sional experience of such candidate; 

5 ‘‘(ii) the experience of such candidate 

6 in areas of law that the Special Advocate 

7 is likely to encounter in the course of the 

8 duties of the Special Advocate; and 

9 ‘‘(iii) the demonstrated commitment 

10 of such candidate to civil liberties. 

11 ‘‘(C) SECURITY CLEARANCE.—An indi12 vidual may be appointed Special Advocate with13 out regard to whether the individual possesses 

14 a security clearance on the date of the appoint15 ment. 

16 ‘‘(D) TERM AND DISMISSAL.—A Special 

17 Advocate shall be appointed for a term of 3 

18 years and may be removed only for good cause 

19 shown, including the demonstrated inability to 

20 qualify for an adequate security clearance. 

21 ‘‘(E) REAPPOINTMENT.—There shall be no 

22 limit to the number of consecutive terms served 

23 by a Special Advocate. The reappointment of a 

24 Special Advocate shall be made in the same 

25 manner as appointment of a Special Advocate. 


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1 ‘‘(F) ACTING SPECIAL ADVOCATE.—If the 

2 position of Special Advocate is vacant, the Chief 

3 Justice of the United States may appoint an 

4 Acting Special Advocate from among the quali5 fied employees of the Office. If there are no 

6 such qualified employees, the Chief Justice may 

7 appoint an Acting Special Advocate from the 

8 most recent list of candidates provided by the 

9 Privacy and Civil Liberties Oversight Board 

10 pursuant to subparagraph (B). The Acting Spe11 cial Advocate shall have all of the powers of a 

12 Special Advocate and shall serve until a Special 

13 Advocate is appointed. 

14 ‘‘(3) EMPLOYEES.—The Special Advocate may 

15 appoint and terminate and fix the compensation of 

16 employees of the Office without regard to the provi17 sions of title 5, United States Code, governing ap18 pointments in the competitive service. 

19 ‘‘(c) DUTIES AND AUTHORITIES OF THE SPECIAL

20 ADVOCATE.— 

21 ‘‘(1) IN GENERAL.—The Special Advocate— 

22 ‘‘(A) may consider any request for con23 sultation by a party who has been served with 

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1 quiring the party to provide information, facili2 ties, or assistance to the Federal Government; 

3 ‘‘(B) may request to participate in a pro4 ceeding before the Foreign Intelligence Surveil5 lance Court; 

6 ‘‘(C) shall participate in such proceeding if 

7 such request is granted; 

8 ‘‘(D) shall participate in a proceeding be9 fore the Court if appointed to participate by the 

10 Court under section 903(a); 

11 ‘‘(E) may request reconsideration of a de12 cision of the Court under section 903(b); 

13 ‘‘(F) may appeal or seek review of a deci14 sion of the Court or the Foreign Intelligence 

15 Surveillance Court of Review under section 904; 

16 and 

17 ‘‘(G) shall participate in such appeal or re18 view. 

19 ‘‘(2) ACCESS TO APPLICATIONS AND DECI20 SIONS.— 

21 ‘‘(A) APPLICATIONS.—The Attorney Gen22 eral shall provide to the Special Advocate each 

23 application submitted to a judge of the Foreign 

24 Intelligence Surveillance Court under this Act 


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1 at the same time as the Attorney General sub2 mits such applications. 

3 ‘‘(B) DECISIONS.—The Foreign Intel4 ligence Surveillance Court and the Foreign In5 telligence Surveillance Court of Review shall 

6 provide to the Special Advocate access to each 

7 decision of the Court and the Court of Review, 

8 respectively, issued after the date of the enact9 ment of the USA FREEDOM Act and all docu10 ments and other material relevant to such deci11 sion in complete, unredacted form. 

12 ‘‘(3) ADVOCACY.—The Special Advocate shall 

13 vigorously advocate before the Foreign Intelligence 

14 Surveillance Court or the Foreign Intelligence Sur15 veillance Court of Review, as appropriate, in support 

16 of legal interpretations that protect individual pri17 vacy and civil liberties. 

18 ‘‘(4) OUTSIDE COUNSEL.—The Special Advo19 cate may delegate to a competent outside counsel 

20 who has or is able to obtain an appropriate security 

21 clearance any duty or responsibility of the Special 

22 Advocate set out in subparagraph (C), (D), or (G) 

23 of paragraph (1) with respect to participation in a 

24 matter before the Court, the Court of Review, or the 

25 Supreme Court of the United States. 


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1 ‘‘(5) AVAILABILITY OF DOCUMENTS AND MATE2 RIAL.—The Court or the Court of Review, as appro3 priate, shall order any agency, department, or entity 

4 to make available to the Special Advocate, or appro5 priate outside counsel if the Special Advocate has 

6 delegated duties or responsibilities to the outside 

7 counsel under paragraph (4), any documents or 

8 other material necessary to carry out the duties de9 scribed in paragraph (1). 

10 ‘‘(d) SECURITY CLEARANCES.—The appropriate de11 partments, agencies, and elements of the Executive branch 

12 shall cooperate with the Office, to the extent possible 

13 under existing procedures and requirements, to expedi14 tiously provide the Special Advocate, appropriate employ15 ees of the Office, and outside counsel to whom the Special 

16 Advocate delegates a duty or responsibility under sub17 section (c)(4) with the security clearances necessary to 

18 carry out the duties of the Special Advocate. 

19 ‘‘SEC. 903. ADVOCACY BEFORE THE FOREIGN INTEL20 LIGENCE SURVEILLANCE COURT. 

21 ‘‘(a) APPOINTMENT TO PARTICIPATE.— 

22 ‘‘(1) IN GENERAL.—The Foreign Intelligence 

23 Surveillance Court may appoint the Special Advocate 

24 to participate in a proceeding before the Court. 


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1 ‘‘(2) STANDING.—If the Special Advocate is ap2 pointed to participate in a Court proceeding pursu3 ant to paragraph (1), the Special Advocate shall 

4 have standing as a party before the Court in that 

5 proceeding. 

6 ‘‘(b) RECONSIDERATION OF A FOREIGN INTEL7 LIGENCE SURVEILLANCE COURT DECISION.— 

8 ‘‘(1) AUTHORITY TO MOVE FOR RECONSIDER9 ATION.—The Special Advocate may move the Court 

10 to reconsider any decision of the Court made after 

11 the date of the enactment of the USA FREEDOM 

12 Act by petitioning the Court not later than 30 days 

13 after the date on which all documents and materials 

14 relevant to the decision are made available to the 

15 Special Advocate. 

16 ‘‘(2) DISCRETION OF THE COURT.—The Court 

17 shall have discretion to grant or deny a motion for 

18 reconsideration made pursuant to paragraph (1). 

19 ‘‘(c) AMICI CURIAE PARTICIPATION.— 

20 ‘‘(1) MOTION BY THE SPECIAL ADVOCATE.— 

21 The Special Advocate may file a motion with the 

22 Court to permit and facilitate participation of amici 

23 curiae, including participation in oral argument if 

24 appropriate, in any proceeding. The Court shall have 

25 the discretion to grant or deny such a motion. 


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1 ‘‘(2) FACILITATION BY THE FOREIGN INTEL2 LIGENCE SURVEILLANCE COURT.—The Court may, 

3 sua sponte, permit and facilitate participation by 

4 amici curiae, including participation in oral argu5 ment if appropriate, in proceedings before the Court. 

6 ‘‘(3) REGULATIONS.—Not later than 180 days 

7 after the date of the enactment of USA FREEDOM 

8 Act, the Court shall promulgate regulations to pro9 vide the public with information sufficient to allow 

10 interested parties to participate as amici curiae. 

11 ‘‘SEC. 904. APPELLATE REVIEW. 

12 ‘‘(a) APPEAL OF FOREIGN INTELLIGENCE SURVEIL13 LANCE COURT DECISIONS.— 

14 ‘‘(1) AUTHORITY TO APPEAL.—The Special Ad15 vocate may appeal any decision of the Foreign Intel16 ligence Surveillance Court issued after the date of 

17 the enactment of the USA FREEDOM Act not later 

18 than 90 days after the date on which the decision 

19 is issued. 

20 ‘‘(2) STANDING AS APPELLANT.—If the Special 

21 Advocate appeals a decision of the Court pursuant 

22 to paragraph (1), the Special Advocate shall have 

23 standing as a party before the Foreign Intelligence 

24 Surveillance Court of Review in such appeal. 


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1 ‘‘(3) MANDATORY REVIEW.—The Court of Re2 view shall review any Foreign Intelligence Surveil3 lance Court decision appealed by the Special Advo4 cate and issue a decision in such appeal, unless it 

5 would be apparent to all reasonable jurists that such 

6 decision is dictated by statute or by precedent. 

7 ‘‘(4) STANDARD OF REVIEW.—The standard for 

8 a mandatory review of a Foreign Intelligence Sur9 veillance Court decision pursuant to paragraph (3) 

10 shall be— 

11 ‘‘(A) de novo with respect to issues of law; 

12 and 

13 ‘‘(B) clearly erroneous with respect to de14 termination of facts. 

15 ‘‘(5) AMICI CURIAE PARTICIPATION.— 

16 ‘‘(A) IN GENERAL.—The Court of Review 

17 shall accept amici curiae briefs from interested 

18 parties in all mandatory reviews pursuant to 

19 paragraph (3) and shall provide for amici cu20 riae participation in oral argument if appro21 priate. 

22 ‘‘(B) REGULATIONS.—Not later than 180 

23 days after the date of the enactment of the 

24 USA FREEDOM Act, the Court of Review 

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1 lic with information sufficient to allow inter2 ested parties to participate as amici curiae. 

3 ‘‘(b) REVIEW OF FOREIGN INTELLIGENCE SURVEIL4 LANCE COURT OF REVIEW DECISIONS.— 

5 ‘‘(1) AUTHORITY.—The Special Advocate may 

6 seek a writ of certiorari from the Supreme Court of 

7 the United States for review of any decision of the 

8 Foreign Intelligence Surveillance Court of Review. 

9 ‘‘(2) STANDING.—In any proceedings before the 

10 Supreme Court of the United States relating to a 

11 petition of certiorari filed under paragraph (1) and 

12 any proceedings in a matter for which certiorari is 

13 granted, the Special Advocate shall have standing as 

14 a party. 

15 ‘‘SEC. 905. DISCLOSURE. 

16 ‘‘(a) REQUIREMENT TO DISCLOSE.—The Attorney 

17 General shall publicly disclose— 

18 ‘‘(1) all decisions issued by the Foreign Intel19 ligence Surveillance Court or the Foreign Intel20 ligence Surveillance Court of Review after July 10, 

21 2003, that include a significant construction or in22 terpretation of law; 

23 ‘‘(2) any decision of the Court appealed by the 

24 Special Advocate pursuant to this title; and 


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1 ‘‘(3) any Court of Review decision that is issued 

2 after an appeal by the Special Advocate. 

3 ‘‘(b) DISCLOSURE DESCRIBED.—For each disclosure 

4 required by subsection (a) with respect to a decision, the 

5 Attorney General shall make available to the public docu6 ments sufficient— 

7 ‘‘(1) to identify with particularity each legal 

8 question addressed by the decision and how such 

9 question was resolved; 

10 ‘‘(2) to describe in general terms the context in 

11 which the matter arises; 

12 ‘‘(3) to describe the construction or interpreta13 tion of any statute, constitutional provision, or other 

14 legal authority relied on by the decision; and 

15 ‘‘(4) to indicate whether the decision departed 

16 from any prior decision of the Court or Court of Re17 view. 

18 ‘‘(c) DOCUMENTS DESCRIBED.—The Attorney Gen19 eral shall satisfy the disclosure requirements in subsection 

20 (b) by— 

21 ‘‘(1) releasing a Court or Court of Review deci22 sion in its entirety or as redacted; 

23 ‘‘(2) releasing a summary of a Court or Court 

24 of Review decision; or 


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1 ‘‘(3) releasing an application made to the 

2 Court, briefs filed before the Court or the Court of 

3 Review, or other materials, in full or as redacted. 

4 ‘‘(d) EXTENSIVE DISCLOSURE.—The Attorney Gen5 eral shall release as much information regarding the facts 

6 and analysis contained in a decision described in sub7 section (a) or documents described in subsection (c) as is 

8 consistent with legitimate national security concerns. 

9 ‘‘(e) TIMING OF DISCLOSURE.— 

10 ‘‘(1) DECISIONS ISSUED PRIOR TO ENACT11 MENT.—The Attorney General shall disclose a deci12 sion issued prior to the date of the enactment of the 

13 USA FREEDOM Act that is required to be dis14 closed under subsection (a)(1) not later than 180 

15 days after the date of the enactment of such Act. 

16 ‘‘(2) FISA COURT DECISIONS.—The Attorney 

17 General shall release Court decisions appealed by the 

18 Special Advocate not later than 30 days after the 

19 date on which the appeal is filed. 

20 ‘‘(3) FISA COURT OF REVIEW DECISIONS.—The 

21 Attorney General shall release Court of Review deci22 sions for which the Special Advocate seeks a writ of 

23 certiorari not later than 90 days after the date on 

24 which the petition is filed. 

25 ‘‘(f) PETITION BY THE SPECIAL ADVOCATE.— 


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1 ‘‘(1) AUTHORITY TO PETITION.—The Special 

2 Advocate may petition the Court or the Court of Re3 view to order— 

4 ‘‘(A) the public disclosure of a decision of 

5 the Court or Court of Review, and documents 

6 or other material relevant to such a decision, 

7 previously designated as classified information; 

8 or 

9 ‘‘(B) the release of an unclassified sum10 mary of such decisions and documents. 

11 ‘‘(2) CONTENTS OF PETITION.—Each petition 

12 filed under paragraph (1) shall contain a detailed 

13 declassification proposal or a summary of the deci14 sion and documents that the Special Advocate pro15 poses to have released publicly. 

16 ‘‘(3) ROLE OF THE ATTORNEY GENERAL.— 

17 ‘‘(A) COPY OF PETITION.—The Special 

18 Advocate shall provide to the Attorney General 

19 a copy of each petition filed under paragraph 

20 (1). 

21 ‘‘(B) OPPOSITION.—The Attorney General 

22 may oppose a petition filed under paragraph (1) 

23 by submitting any objections in writing to the 

24 Court or the Court of Review, as appropriate, 


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1 not later than 90 days after the date such peti2 tion was submitted. 

3 ‘‘(4) PUBLIC AVAILABILITY.—Not less than 91 

4 days after receiving a petition under paragraph (1), 

5 and taking into account any objections from the At6 torney General made under paragraph (3)(B), the 

7 Court or the Court of Review, as appropriate, shall 

8 declassify and make readily available to the public 

9 any decision, document, or other material requested 

10 in such petition, to the greatest extent possible, con11 sistent with legitimate national security consider12 ations. 

13 ‘‘(5) EFFECTIVE DATE.—The Special Advocate 

14 may not file a petition under paragraph (1) until 

15 181 days after the date of the enactment of the 

16 USA FREEDOM Act, except with respect to a deci17 sion appealed by the Special Advocate. 

18 ‘‘SEC. 906. ANNUAL REPORT TO CONGRESS. 

19 ‘‘(a) REQUIREMENT FOR ANNUAL REPORT.—The 

20 Special Advocate shall submit to Congress an annual re21 port on the implementation of this title. 

22 ‘‘(b) CONTENTS.—Each annual report submitted 

23 under subsection (a) shall— 

24 ‘‘(1) detail the activities of the Office of the 

25 Special Advocate; 


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1 ‘‘(2) provide an assessment of the effectiveness 

2 of this title; and 

3 ‘‘(3) propose any new legislation to improve the 

4 functioning of the Office or the operation of the For5 eign Intelligence Surveillance Court or the Foreign 

6 Intelligence Surveillance Court of Review that the 

7 Special Advocate considers appropriate.’’. 

8 (b) TABLE OF CONTENTS AMENDMENT.—The table 

9 of contents in the first section of the Foreign Intelligence 

10 Surveillance Act of 1978, as amended by section 101(c)(2) 

11 of this Act, is further amended by adding at the end the 

12 following new items: 

‘‘TITLE IX—OFFICE OF THE SPECIAL ADVOCATE 

‘‘Sec. 901. Definitions. 

‘‘Sec. 902. Office of the Special Advocate. 

‘‘Sec. 903. Advocacy before the Foreign Intelligence Surveillance Court. 

‘‘Sec. 904. Appellate review. 

‘‘Sec. 905. Disclosure. 

‘‘Sec. 906. Annual report to Congress.’’. 

13 SEC. 402. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

14 DISCLOSURE OF OPINIONS. 

15 Section 103 of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1803) is amended— 

17 (1) by redesignating subsections (g) and (h) as 

18 subsections (h) and (i), respectively; and 

19 (2) by inserting after subsection (f) the fol20 lowing new subsection: 

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1 sion may sua sponte or on motion by a party request that 

2 such order, opinion, or other decision be made publicly 

3 available. 

4 ‘‘(2) Upon a request under paragraph (1), the pre5 siding judge of the court established under subsection (a), 

6 in consultation with the other judges of such court, may 

7 direct that such order, opinion, or other decision be made 

8 publicly available. 

9 ‘‘(3) Prior to making an order, opinion, or other deci10 sion of the court established under subsection (a) publicly 

11 available in accordance with this subsection, the presiding 

12 judge of such court may direct the Executive branch to 

13 review such order, opinion, or other decision and redact 

14 such order, opinion, or other decision as necessary to en15 sure that properly classified information is appropriately 

16 protected.’’. 

17 SEC. 403. PRESERVATION OF RIGHTS. 

18 Nothing in this title or an amendment made by this 

19 title shall be construed— 

20 (1) to provide the Attorney General with au21 thority to prevent the court established under sec22 tion 103(a) of Foreign Intelligence Surveillance Act 

23 of 1978 (50 U.S.C. 1803(a)), the petition review 

24 pool established under section 103(e) of such Act 

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1 lished under section 103(b) of such Act (50 U.S.C. 

2 1803(b)) from declassifying decisions or releasing in3 formation pursuant to this title or an amendment 

4 made by this title; or 

5 (2) to eliminate the public’s ability to secure in6 formation under section 552 of title 5, United States 

7 Code (commonly known as the ‘‘Freedom of Infor8 mation Act’’) or any other provision of law. 

9 TITLE V—NATIONAL SECURITY 

10 LETTER REFORMS 

11 SEC. 501. NATIONAL SECURITY LETTER AUTHORITY. 

12 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

13 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

14 title 18, United States Code, is amended— 

15 (1) in subsection (b)— 

16 (A) by striking ‘‘may—’’ and all that fol17 lows through the period at the end and insert18 ing the following: ‘‘may request the name, ad19 dress, length of service, and local and long dis20 tance toll billing records of a person or entity 

21 if the Director (or his designee) certifies in 

22 writing to the wire or electronic communication 

23 service provider to which the request is made 

24 that—’’; and 


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1 (B) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(1) the name, address, length of service, and 

4 toll billing records sought are relevant and material 

5 to an authorized investigation to protect against 

6 international terrorism or clandestine intelligence ac7 tivities, provided that such an investigation of a 

8 United States person is not conducted solely on the 

9 basis of activities protected by the First Amendment 

10 to the Constitution of the United States; and 

11 ‘‘(2) there are reasonable grounds to believe 

12 that the name, address, length of service, and toll 

13 billing records sought pertain to— 

14 ‘‘(A) a foreign power or agent of a foreign 

15 power; 

16 ‘‘(B) the activities of a suspected agent of 

17 a foreign power who is the subject of such au18 thorized investigation; or 

19 ‘‘(C) an individual in contact with, or 

20 known to, a suspected agent of a foreign 

21 power.’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(g) For purposes of this subsection, the terms ‘agent 

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1 rorism’, and ‘United States person’ have the same mean2 ings as in section 101 of the Foreign Intelligence Surveil3 lance Act of 1978 (50 U.S.C. 1801).’’. 

4 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

5 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

6 1114 of the Right to Financial Privacy Act of 1978 (12 

7 U.S.C. 3414) is amended to read as follows: 

8 ‘‘SEC. 1114. ACCESS TO FINANCIAL RECORDS FOR CERTAIN 

9 INTELLIGENCE AND PROTECTIVE PURPOSES. 

10 ‘‘(a) AUTHORIZATION.— 

11 ‘‘(1) IN GENERAL.—The Director of the Fed12 eral Bureau of Investigation, or a designee of the 

13 Director whose rank shall be no lower than Deputy 

14 Assistant Director at Bureau headquarters or Spe15 cial Agent in Charge in a Bureau field office, may 

16 issue in writing and cause to be served on a financial 

17 institution, a request requiring the production of— 

18 ‘‘(A) the name of a customer of the finan19 cial institution; 

20 ‘‘(B) the address of a customer of the fi21 nancial institution; 

22 ‘‘(C) the length of time during which a 

23 person has been, or was, a customer of the fi24 nancial institution (including the start date) 


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1 and the type of service provided by the financial 

2 institution to the customer; and 

3 ‘‘(D) any account number or other unique 

4 identifier associated with a customer of the fi5 nancial institution. 

6 ‘‘(2) LIMITATION.—A request issued under this 

7 subsection may not require the production of records 

8 or information not listed in paragraph (1). 

9 ‘‘(b) REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—A request issued under 

11 subsection (a) shall— 

12 ‘‘(A) be subject to the requirements of sub13 sections (d) through (g) of section 2709 of title 

14 18, United States Code, in the same manner 

15 and to the same extent as those provisions 

16 apply with respect to a request under section 

17 2709(b) of title 18, United States Code, to a 

18 wire or electronic communication service pro19 vider; and 

20 ‘‘(B) include a statement of facts showing 

21 that there are reasonable grounds to believe 

22 that the records or other things sought— 

23 ‘‘(i) are relevant and material to an 

24 authorized investigation (other than a 

25 threat assessment and provided that such 


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1 an investigation of a United States person 

2 is not conducted solely on the basis of ac3 tivities protected by the First Amendment 

4 to the Constitution of the United States) 

5 to— 

6 ‘‘(I) obtain foreign intelligence 

7 information not concerning a United 

8 States person; or 

9 ‘‘(II) protect against inter10 national terrorism or clandestine intel11 ligence activities; and 

12 ‘‘(ii) pertain to— 

13 ‘‘(I) a foreign power or an agent 

14 of a foreign power; 

15 ‘‘(II) the activities of a suspected 

16 agent of a foreign power who is the 

17 subject of such authorized investiga18 tion; or 

19 ‘‘(III) an individual in contact 

20 with, or known to, a suspected agent 

21 of a foreign power. 

22 ‘‘(2) DEFINITIONS.—For purposes of this sub23 section, the terms ‘agent of a foreign power’, ‘for24 eign intelligence information’, ‘foreign power’, ‘inter25 national terrorism’, and ‘United States person’ have 


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1 the same meanings as in section 101 of the Foreign 

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

3 1801). 

4 ‘‘(c) DEFINITION OF FINANCIAL INSTITUTION.—For 

5 purposes of this section (and sections 1115 and 1117, in6 sofar as the sections relate to the operation of this sec7 tion), the term ‘financial institution’ has the same mean8 ing as in subsections (a)(2) and (c)(1) of section 5312 of 

9 title 31, United States Code, except that the term shall 

10 include only a financial institution any part of which is 

11 located inside any State or territory of the United States, 

12 the District of Columbia, Puerto Rico, Guam, American 

13 Samoa, the Commonwealth of the Northern Mariana Is14 lands, or the United States Virgin Islands.’’. 

15 (c) NATIONAL SECURITY LETTER AUTHORITY FOR

16 CERTAIN CONSUMER REPORT RECORDS.— 

17 (1) IN GENERAL.—Section 626 of the Fair 

18 Credit Reporting Act (15 U.S.C. 1681u) is amend19 ed— 

20 (A) by striking subsections (a) through (c) 

21 and inserting the following new subsections: 

22 ‘‘(a) AUTHORIZATION.— 

23 ‘‘(1) IN GENERAL.—The Director of the Fed24 eral Bureau of Investigation, or a designee of the 

25 Director whose rank shall be no lower than Deputy 


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1 Assistant Director at Bureau headquarters or Spe2 cial Agent in Charge in a Bureau field office, may 

3 issue in writing and cause to be served on a con4 sumer reporting agency a request requiring the pro5 duction of— 

6 ‘‘(A) the name of a consumer; 

7 ‘‘(B) the current and former address of a 

8 consumer; 

9 ‘‘(C) the current and former places of em10 ployment of a consumer; and 

11 ‘‘(D) the name and address of any finan12 cial institution (as that term is defined in sec13 tion 1101 of the Right to Financial Privacy Act 

14 of 1978 (12 U.S.C. 3401)) at which a consumer 

15 maintains or has maintained an account, to the 

16 extent that the information is in the files of the 

17 consumer reporting agency. 

18 ‘‘(2) LIMITATION.—A request issued under this 

19 subsection may not require the production of a con20 sumer report. 

21 ‘‘(b) REQUIREMENTS.— 

22 ‘‘(1) IN GENERAL.—A request issued under 

23 subsection (a) shall— 

24 ‘‘(A) be subject to the requirements of sub25 sections (d) through (g) of section 2709 of title 


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1 18, United States Code, in the same manner 

2 and to the same extent as those provisions 

3 apply with respect to a request under section 

4 2709(b) of title 18, United States Code, to a 

5 wire or electronic communication service pro6 vider; and 

7 ‘‘(B) include a statement of facts showing 

8 that there are reasonable grounds to believe 

9 that the records or other things sought— 

10 ‘‘(i) are relevant and material to an 

11 authorized investigation (other than a 

12 threat assessment and provided that such 

13 an investigation of a United States person 

14 is not conducted solely on the basis of ac15 tivities protected by the First Amendment 

16 to the Constitution of the United States) 

17 to— 

18 ‘‘(I) obtain foreign intelligence 

19 information not concerning a United 

20 States person; or 

21 ‘‘(II) protect against inter22 national terrorism or clandestine intel23 ligence activities; and 

24 ‘‘(ii) pertain to— 


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1 ‘‘(I) a foreign power or an agent 

2 of a foreign power; 

3 ‘‘(II) the activities of a suspected 

4 agent of a foreign power who is the 

5 subject of such authorized investiga6 tion; or 

7 ‘‘(III) an individual in contact 

8 with, or known to, a suspected agent 

9 of a foreign power. 

10 ‘‘(2) DEFINITIONS.—In this subsection, the 

11 terms ‘agent of a foreign power’, ‘foreign intelligence 

12 information’, ‘foreign power’, ‘international ter13 rorism’, and ‘United States person’ have the mean14 ing given such terms in section 101 of the Foreign 

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

16 1801).’’; 

17 (B) by striking subsections (f) through (h); 

18 and 

19 (C) by redesignating subsections (d), (e), 

20 (i), (j), (k), (l), and (m) as subsections (c), (d), 

21 (e), (f), (g), (h), and (i), respectively. 

22 (2) REPEAL.—Section 627 of the Fair Credit 

23 Reporting Act (15 U.S.C. 1681v) is repealed. 


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1 SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SE2 CURITY LETTERS. 

3 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

4 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

5 title 18, United States Code, is amended by striking sub6 section (c) and inserting the following new subsection: 

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

8 ‘‘(1) PROHIBITION.— 

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

10 issued under subparagraph (B) and notice of 

11 the right to judicial review under subsection (d) 

12 is provided, no wire or electronic communica13 tion service provider, or officer, employee, or 

14 agent thereof, that receives a request under 

15 subsection (b), shall disclose to any person that 

16 the Director of the Federal Bureau of Inves17 tigation has sought or obtained access to infor18 mation or records under this section. 

19 ‘‘(B) CERTIFICATION.—The requirements 

20 of subparagraph (A) shall apply if the Director 

21 of the Federal Bureau of Investigation, or a 

22 designee of the Director whose rank shall be no 

23 lower than Deputy Assistant Director at Bu24 reau headquarters or a Special Agent in Charge 

25 of a Bureau field office, certifies that the abVerDate Mar 15 2010 07:28 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1599.IS S1599

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1 sence of a prohibition of disclosure under this 

2 subsection may result in— 

3 ‘‘(i) endangering the life or physical 

4 safety of any person; 

5 ‘‘(ii) flight from investigation or pros6 ecution; 

7 ‘‘(iii) destruction of or tampering with 

8 evidence; 

9 ‘‘(iv) intimidation of potential wit10 nesses; 

11 ‘‘(v) interference with diplomatic rela12 tions; 

13 ‘‘(vi) alerting a target, an associate of 

14 a target, or the foreign power of which the 

15 target is an agent, of the interest of the 

16 Government in the target; or 

17 ‘‘(vii) otherwise seriously endangering 

18 the national security of the United States. 

19 ‘‘(2) EXCEPTION.— 

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

21 communication service provider, or officer, em22 ployee, or agent thereof, that receives a request 

23 under subsection (b) may disclose information 

24 otherwise subject to any applicable nondisclo25 sure requirement to— 


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•S 1599 IS

1 ‘‘(i) those persons to whom disclosure 

2 is necessary in order to comply with the re3 quest; 

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

5 legal advice or assistance regarding the re6 quest; or 

7 ‘‘(iii) other persons as permitted by 

8 the Director of the Federal Bureau of In9 vestigation or the designee of the Director. 

10 ‘‘(B) APPLICATION.—A person to whom 

11 disclosure is made under subparagraph (A) 

12 shall be subject to the nondisclosure require13 ments applicable to a person to whom a request 

14 is issued under subsection (b) in the same man15 ner as the person to whom the request is 

16 issued. 

17 ‘‘(C) NOTICE.—Any recipient that dis18 closes to a person described in subparagraph 

19 (A) information otherwise subject to a non20 disclosure requirement shall notify the person of 

21 the applicable nondisclosure requirement. 

22 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE23 CIPIENTS.—At the request of the Director of 

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1 tending to make a disclosure under clause (i) or 

2 (iii) of subparagraph (A) shall identify to the 

3 Director or such designee the person to whom 

4 such disclosure will be made or to whom such 

5 disclosure was made prior to the request. 

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

7 for which a recipient has submitted a notification or 

8 filed a petition for judicial review under paragraph 

9 (3)(B), if the facts supporting a nondisclosure re10 quirement cease to exist, an appropriate official of 

11 the Federal Bureau of Investigation shall promptly 

12 notify the wire or electronic service provider, or offi13 cer, employee, or agent thereof, subject to the non14 disclosure requirement that the nondisclosure re15 quirement is no longer in effect.’’. 

16 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

17 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

18 1114 of the Right to Financial Privacy Act of 1978 (12 

19 U.S.C. 3414), as amended by section 501(b) of this Act, 

20 is further amended— 

21 (1) by redesignating subsection (c) as sub22 section (d); and 

23 (2) by inserting after subsection (b) the fol24 lowing new subsection: 

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


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1 ‘‘(1) PROHIBITION.— 

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

3 issued under subparagraph (B) and notice of 

4 the right to judicial review under subsection (d) 

5 is provided, no financial institution, or officer, 

6 employee, or agent thereof, that receives a re7 quest under subsection (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 subsection (a). 

11 ‘‘(B) CERTIFICATION.—The requirements 

12 of subparagraph (A) shall apply if the Director 

13 of the Federal Bureau of Investigation, or a 

14 designee 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 the ab18 sence of a prohibition of disclosure under this 

19 subsection may result in— 

20 ‘‘(i) endangering the life or physical 

21 safety of any person; 

22 ‘‘(ii) flight from investigation or pros23 ecution; 

24 ‘‘(iii) destruction of or tampering with 

25 evidence; 


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1 ‘‘(iv) intimidation of potential wit2 nesses; 

3 ‘‘(v) interference with diplomatic rela4 tions; 

5 ‘‘(vi) alerting a target, an associate of 

6 a target, or the foreign power of which the 

7 target is an agent, of the interest of the 

8 Government in the target; or 

9 ‘‘(vii) otherwise seriously endangering 

10 the national security of the United States. 

11 ‘‘(2) EXCEPTION.— 

12 ‘‘(A) IN GENERAL.—A financial institu13 tion, or officer, employee, or agent thereof, that 

14 receives a request under subsection (a) may dis15 close information otherwise subject to any ap16 plicable nondisclosure requirement to— 

17 ‘‘(i) those persons to whom disclosure 

18 is necessary in order to comply with the re19 quest; 

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

21 legal advice or assistance regarding the re22 quest; or 

23 ‘‘(iii) other persons as permitted by 

24 the Director of the Federal Bureau of In25 vestigation or the designee of the Director. 


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1 ‘‘(B) APPLICATION.—A person to whom 

2 disclosure is made under subparagraph (A) 

3 shall be subject to the nondisclosure require4 ments applicable to a person to whom a request 

5 is issued under subsection (a) in the same man6 ner as the person to whom the request is 

7 issued. 

8 ‘‘(C) 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 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE14 CIPIENTS.—At the request of the Director of 

15 the Federal Bureau of Investigation or the des16 ignee of the Director, any person making or in17 tending to make a disclosure under clause (i) or 

18 (iii) of subparagraph (A) shall identify to the 

19 Director or such designee the person to whom 

20 such disclosure will be made or to whom such 

21 disclosure was made prior to the request. 

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

23 for which a financial institution has submitted a no24 tification or filed a petition for judicial review under 

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1 disclosure requirement cease to exist, an appropriate 

2 official of the Federal Bureau of Investigation shall 

3 promptly notify the financial institution, or officer, 

4 employee, or agent thereof, subject to the nondisclo5 sure requirement that the nondisclosure requirement 

6 is no longer in effect.’’. 

7 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

8 CREDIT REPORTS.—Section 626 of the Fair Credit Re9 porting Act (15 U.S.C. 1681u), as amended by section 

10 501(c) of this Act, is further amended by striking sub11 section (c) (as redesignated by section 501(c)(1)(D) of this 

12 Act) and inserting the following new subsection: 

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

14 ‘‘(1) PROHIBITION.— 

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

16 issued under subparagraph (B) and notice of 

17 the right to judicial review under subsection (d) 

18 is provided, no consumer reporting agency, or 

19 officer, employee, or agent thereof, that receives 

20 a request under subsection (a) shall disclose or 

21 specify in any consumer report, that the Fed22 eral Bureau of Investigation has sought or ob23 tained access to information or records under 

24 subsection (a) or (b). 


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1 ‘‘(B) CERTIFICATION.—The requirements 

2 of subparagraph (A) shall apply if the Director 

3 of the Federal Bureau of Investigation, or a 

4 designee of the Director whose rank shall be no 

5 lower than Deputy Assistant Director at Bu6 reau headquarters or a Special Agent in Charge 

7 of a Bureau field office, certifies that the ab8 sence of a prohibition of disclosure under this 

9 subsection may result in— 

10 ‘‘(i) endangering the life or physical 

11 safety of any person; 

12 ‘‘(ii) flight from investigation or pros13 ecution; 

14 ‘‘(iii) destruction of or tampering with 

15 evidence; 

16 ‘‘(iv) intimidation of potential wit17 nesses; 

18 ‘‘(v) interference with diplomatic rela19 tions; 

20 ‘‘(vi) alerting a target, an associate of 

21 a target, or the foreign power of which the 

22 target is an agent, of the interest of the 

23 Government in the target; or 

24 ‘‘(vii) otherwise seriously endangering 

25 the national security of the United States. 


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1 ‘‘(2) EXCEPTION.— 

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

3 agency, or officer, employee, or agent thereof, 

4 that receives a request under subsection (a) 

5 may disclose information otherwise subject to 

6 any applicable nondisclosure requirement 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 Director of the Federal Bureau of In15 vestigation or the designee of the Director. 

16 ‘‘(B) APPLICATION.—A person to whom 

17 disclosure is made under subparagraph (A) 

18 shall be subject to the nondisclosure require19 ments applicable to a person to whom a request 

20 is issued under subsection (a) or (b) in the 

21 same manner as the person to whom the re22 quest is issued. 

23 ‘‘(C) NOTICE.—Any recipient that dis24 closes to a person described in subparagraph 

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1 disclosure requirement shall inform the person 

2 of the applicable nondisclosure requirement. 

3 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE4 CIPIENTS.—At the request of the Director of 

5 the Federal Bureau of Investigation or the des6 ignee of the Director, any person making or in7 tending to make a disclosure under clause (i) or 

8 (iii) of subparagraph (A) shall identify to the 

9 Director or such designee the person to whom 

10 such disclosure will be made or to whom such 

11 disclosure was made prior to the request. 

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

13 for which a consumer reporting agency has sub14 mitted a notification or filed a petition for judicial 

15 review under paragraph (3)(B), if the facts sup16 porting a nondisclosure requirement cease to exist, 

17 an appropriate official of the Federal Bureau of In18 vestigation shall promptly notify the consumer re19 porting agency, or officer, employee, or agent there20 of, subject to the nondisclosure requirement that the 

21 nondisclosure requirement is no longer in effect.’’. 

22 (d) INVESTIGATIONS OF PERSONS WITH ACCESS TO

23 CLASSIFIED INFORMATION.—Section 802 of the National 

24 Security Act of 1947 (50 U.S.C. 3162) is amended by 


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1 striking subsection (b) and inserting the following new 

2 subsection: 

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

4 ‘‘(1) PROHIBITION.— 

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

6 issued under subparagraph (B) and notice of 

7 the right to judicial review under subsection (c) 

8 is provided, no governmental or private entity, 

9 or officer, employee, or agent thereof, that re10 ceives a request under subsection (a), shall dis11 close to any person that an authorized inves12 tigative agency described in subsection (a) has 

13 sought or obtained access to information under 

14 subsection (a). 

15 ‘‘(B) CERTIFICATION.—The requirements 

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

17 an authorized investigative agency described in 

18 subsection (a), or a designee, certifies that the 

19 absence of a prohibition of disclosure under this 

20 subsection may result in— 

21 ‘‘(i) endangering the life or physical 

22 safety of any person; 

23 ‘‘(ii) flight from investigation or pros24 ecution; 


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1 ‘‘(iii) destruction of or tampering with 

2 evidence; 

3 ‘‘(iv) intimidation of potential wit4 nesses; 

5 ‘‘(v) interference with diplomatic rela6 tions; 

7 ‘‘(vi) alerting a target, an associate of 

8 a target, or the foreign power of which the 

9 target is an agent, of the interest of the 

10 Government in the target; or 

11 ‘‘(vii) otherwise seriously endangering 

12 the national security of the United States. 

13 ‘‘(2) EXCEPTION.— 

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

15 private entity, or officer, employee, or agent 

16 thereof, that receives a request under sub17 section (a) may disclose information otherwise 

18 subject to any applicable nondisclosure require19 ment to— 

20 ‘‘(i) those persons to whom disclosure 

21 is necessary in order to comply with the re22 quest; 

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

24 legal advice or assistance regarding the re25 quest; or 


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1 ‘‘(iii) other persons as permitted by 

2 the head of the authorized investigative 

3 agency described in subsection (a). 

4 ‘‘(B) APPLICATION.—A person to whom 

5 disclosure is made under subparagraph (A) 

6 shall be subject to the nondisclosure require7 ments applicable to a person to whom a request 

8 is issued under subsection (a) in the same man9 ner as the person to whom the request is 

10 issued. 

11 ‘‘(C) NOTICE.—Any recipient that dis12 closes to a person described in subparagraph 

13 (A) information otherwise subject to a non14 disclosure requirement shall inform the person 

15 of the applicable nondisclosure requirement. 

16 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE17 CIPIENTS.—At the request of the head of an 

18 authorized investigative agency described in 

19 subsection (a), or a designee, any person mak20 ing or intending to make a disclosure under 

21 clause (i) or (iii) of subparagraph (A) shall 

22 identify to the head of the authorized investiga23 tive agency or such designee the person to 

24 whom such disclosure will be made or to whom 

25 such disclosure was made prior to the request. 


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

2 for which a governmental or private entity has sub3 mitted a notification or filed a petition for judicial 

4 review under paragraph (3)(B), if the facts sup5 porting a nondisclosure requirement cease to exist, 

6 an appropriate official of the authorized investigative 

7 agency described in subsection (a) shall promptly no8 tify the governmental or private entity, or officer, 

9 employee, or agent thereof, subject to the nondisclo10 sure requirement that the nondisclosure requirement 

11 is no longer in effect.’’. 

12 (e) JUDICIAL REVIEW.—Section 3511 of title 18, 

13 United States Code, is amended by striking subsection (b) 

14 and inserting the following new subsection: 

15 ‘‘(b) NONDISCLOSURE.— 

16 ‘‘(1) IN GENERAL.— 

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

18 for a report, records, or other information 

19 under section 2709 of this title, section 626 of 

20 the Fair Credit Reporting Act (15 U.S.C. 

21 1681u), section 1114 of the Right to Financial 

22 Privacy Act of 1978 (12 U.S.C. 3414), or sec23 tion 802 of the National Security Act of 1947 

24 (50 U.S.C. 3162), wishes to have a court review 

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1 tion with the request, the recipient may notify 

2 the Government or file a petition for judicial re3 view in any court described in subsection (a). 

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 re9 quest. An application under this subparagraph 

10 may be filed in the district court of the United 

11 States for the judicial district in which the re12 cipient of the order is doing business or in the 

13 district court of the United States for any judi14 cial district within which the authorized inves15 tigation that is the basis for the request is 

16 being conducted. The applicable nondisclosure 

17 requirement shall remain in effect during the 

18 pendency of proceedings relating to the require19 ment. 

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

21 the United States that receives a petition under 

22 subparagraph (A) or an application under sub23 paragraph (B) should rule expeditiously, and 

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1 disclosure order that includes conditions appro2 priate to the circumstances. 

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

4 for a nondisclosure order or extension thereof or a 

5 response to a petition filed under paragraph (1) 

6 shall include a certification from the Attorney Gen7 eral, Deputy Attorney General, an Assistant Attor8 ney General, or the Director of the Federal Bureau 

9 of Investigation, or in the case of a request by a de10 partment, agency, or instrumentality of the Federal 

11 Government other than the Department of Justice, 

12 the head or deputy head of the department, agency, 

13 or instrumentality, containing a statement of specific 

14 facts indicating that the absence of a prohibition of 

15 disclosure under this subsection may result in— 

16 ‘‘(A) endangering the life or physical safety 

17 of any person; 

18 ‘‘(B) flight from investigation or prosecu19 tion; 

20 ‘‘(C) destruction of or tampering with evi21 dence; 

22 ‘‘(D) intimidation of potential witnesses; 

23 ‘‘(E) interference with diplomatic relations; 

24 ‘‘(F) alerting a target, an associate of a 

25 target, or the foreign power of which the target 


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1 is an agent, of the interest of the Government 

2 in the target; or 

3 ‘‘(G) otherwise seriously endangering the 

4 national security of the United States. 

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

6 United States shall issue a nondisclosure require7 ment order or extension thereof under this sub8 section if the court determines that there is reason 

9 to believe that disclosure of the information subject 

10 to the nondisclosure requirement during the applica11 ble time period will result in— 

12 ‘‘(A) endangering the life or physical safety 

13 of any person; 

14 ‘‘(B) flight from investigation or prosecu15 tion; 

16 ‘‘(C) destruction of or tampering with evi17 dence; 

18 ‘‘(D) intimidation of potential witnesses; 

19 ‘‘(E) interference with diplomatic relations; 

20 ‘‘(F) alerting a target, an associate of a 

21 target, or the foreign power of which the target 

22 is an agent, of the interest of the Government 

23 in the target; or 

24 ‘‘(G) otherwise seriously endangering the 

25 national security of the United States.’’. 


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1 SEC. 503. JUDICIAL REVIEW. 

2 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

3 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

4 title 18, United States Code, as amended by section 

5 501(a) of this Act, is further amended— 

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

7 and (g) as subsections (e), (f), (g), and (h), respec8 tively; and 

9 (2) by inserting after subsection (c) the fol10 lowing new subsection: 

11 ‘‘(d) JUDICIAL REVIEW.— 

12 ‘‘(1) IN GENERAL.—A request under subsection 

13 (b) or a non-disclosure requirement imposed in con14 nection with such request under subsection (c) shall 

15 be subject to judicial review under section 3511. 

16 ‘‘(2) NOTICE.—A request under subsection (b) 

17 shall include notice of the availability of judicial re18 view described in paragraph (1).’’. 

19 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

20 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

21 1114 of the Right to Financial Privacy Act of 1978 (12 

22 U.S.C. 3414), as amended by section 502(b) of this Act, 

23 is further amended— 

24 (1) by redesignating subsection (d) (as redesig25 nated by such section 502(b)) as subsection (e); and 


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1 (2) by inserting after subsection (c) the fol2 lowing new subsection: 

3 ‘‘(d) JUDICIAL REVIEW.— 

4 ‘‘(1) IN GENERAL.—A request under subsection 

5 (a) or a non-disclosure requirement imposed in con6 nection with such request under subsection (c) shall 

7 be subject to judicial review under section 3511 of 

8 title 18, United States Code. 

9 ‘‘(2) NOTICE.—A request under subsection (a) 

10 shall include notice of the availability of judicial re11 view described in paragraph (1).’’. 

12 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

13 CREDIT REPORTS.—Section 626 of the Right to Financial 

14 Privacy Act (15 U.S.C. 1681u), as amended by section 

15 502(c) of this Act, is further amended— 

16 (1) by redesignating subsections (d) through (i) 

17 (as redesignated by such section 502(c)) as sub18 sections (e) through (j), respectively; and 

19 (2) by inserting after subsection (c) the fol20 lowing new subsection: 

21 ‘‘(d) JUDICIAL REVIEW.— 

22 ‘‘(1) IN GENERAL.—A request under subsection 

23 (a) or a non-disclosure requirement imposed in con24 nection with such request under subsection (c) shall 


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1 be subject to judicial review under section 3511 of 

2 title 18, United States Code. 

3 ‘‘(2) NOTICE.—A request under subsection (a) 

4 shall include notice of the availability of judicial re5 view described in paragraph (1).’’. 

6 (d) INVESTIGATIONS OF PERSONS WITH ACCESS TO

7 CLASSIFIED INFORMATION.—Section 802 of the National 

8 Security Act of 1947 (50 U.S.C. 3162) is amended— 

9 (1) by redesignating subsections (c) through (e) 

10 as subsections (d) through (f), respectively; and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection: 

13 ‘‘(c) JUDICIAL REVIEW.— 

14 ‘‘(1) IN GENERAL.—A request under subsection 

15 (a) or a non-disclosure requirement imposed in con16 nection with such request under subsection (c) shall 

17 be subject to judicial review under section 3511 of 

18 title 18, United States Code. 

19 ‘‘(2) NOTICE.—A request under subsection (a) 

20 shall include notice of the availability of judicial re21 view described in paragraph (1).’’. 


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1 SEC. 504. INSPECTOR GENERAL REPORTS ON NATIONAL SE2 CURITY LETTERS. 

3 Section 119 of the USA PATRIOT Improvement and 

4 Reauthorization Act of 2005 (Public Law 109–177; 120 

5 Stat. 219) is amended— 

6 (1) in subsection (b)— 

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

8 calendar years 2010 through 2013’’ after 

9 ‘‘2006’’; and 

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

11 such term is defined in section 3(4) of the Na12 tional Security Act of 1947 (50 U.S.C. 

13 401a(4)))’’; 

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

15 following new paragraph: 

16 ‘‘(3) CALENDAR YEARS 2010 THROUGH 2013.— 

17 Not later than December 31, 2014, the Inspector 

18 General of the Department of Justice shall submit 

19 to the Committee on the Judiciary and the Perma20 nent Select Committee on Intelligence of the House 

21 of Representatives and the Committee on the Judici22 ary and the Select Committee on Intelligence of the 

23 Senate a report containing the results of the audit 

24 conducted under subsection (a) for calendar years 

25 2010 through 2013.’’; 


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

2 following new subsection: 

3 ‘‘(h) DEFINITIONS.—In this section: 

4 ‘‘(1) INTELLIGENCE COMMUNITY.—The term 

5 ‘intelligence community’ has the meaning given that 

6 term in section 3 of the National Security Act of 

7 1947 (50 U.S.C. 3003). 

8 ‘‘(2) NATIONAL SECURITY LETTER.—The term 

9 ‘national security letter’ means a request for infor10 mation under— 

11 ‘‘(A) section 2709(b) of title 18, United 

12 States Code (to access certain communication 

13 service provider records); 

14 ‘‘(B) section 1114 of the Right to Finan15 cial Privacy Act of 1978 (12 U.S.C. 

16 3414(a)(5)(A)) (to obtain financial institution 

17 customer records); 

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

19 Act of 1947 (50 U.S.C. 3162) (to obtain finan20 cial information, records, and consumer re21 ports); or 

22 ‘‘(D) section 626 of the Fair Credit Re23 porting Act (15 U.S.C. 1681u) (to obtain cer24 tain financial information and consumer re25 ports). 


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1 ‘‘(3) UNITED STATES PERSON.—The term 

2 ‘United States person’ has the meaning given that 

3 term in section 101 of the Foreign Intelligence Sur4 veillance Act of 1978 (50 U.S.C. 1801).’’; 

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

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

7 (5) by inserting after subsection (c) the fol8 lowing new subsection: 

9 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

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

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

12 2013, the Inspector General of the Intelligence Com13 munity shall— 

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

15 letters by the intelligence community during the 

16 period; 

17 ‘‘(B) describe any noteworthy facts or cir18 cumstances relating to the use of national secu19 rity letters by the intelligence community, in20 cluding any improper or illegal use of such au21 thority; 

22 ‘‘(C) assess the importance of information 

23 received under the national security letters to 

24 the activities of the intelligence community; and 


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1 ‘‘(D) examine the manner in which infor2 mation received under the national security let3 ters was collected, retained, analyzed, and dis4 seminated. 

5 ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.— 

6 Not later than December 31, 2014, the Inspector 

7 General of the Intelligence Community shall submit 

8 to the Committee on the Judiciary and the Select 

9 Committee on Intelligence of the Senate and the 

10 Committee on the Judiciary and the Permanent Se11 lect Committee on Intelligence of the House of Rep12 resentatives a report containing the results of the 

13 assessment for calendar years 2010 through 2013.’’; 

14 (6) in subsection (e), as redesignated by para15 graph (4)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘a report under sub18 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

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

20 (ii) by striking ‘‘Inspector General of 

21 the Department of Justice’’ and inserting 

22 ‘‘Inspector General of the Department of 

23 Justice, the Inspector General of the Intel24 ligence Community, and any Inspector 

25 General of an element of the intelligence 


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1 community that prepares a report to assist 

2 the Inspector General of the Department 

3 of Justice or the Inspector General of the 

4 Intelligence Community in complying with 

5 the requirements of this section’’; and 

6 (B) in paragraph (2), by striking ‘‘the re7 ports submitted under subsection (c)(1) or 

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

9 under subsection (c) or (d)’’; and 

10 (7) in subsection (f), as redesignated by para11 graph (4)— 

12 (A) by striking ‘‘The reports submitted 

13 under subsections (c)(1) or (c)(2)’’ and insert14 ing ‘‘Each report submitted under subsection 

15 (c)’’; and 

16 (B) by striking ‘‘subsection (d)(2)’’ and in17 serting ‘‘subsection (e)(2)’’. 

18 SEC. 505. NATIONAL SECURITY LETTER SUNSET. 

19 (a) REPEAL.—Effective on June 1, 2015— 

20 (1) section 2709 of title 18, United States 

21 Code, is amended to read as such provision read on 

22 October 25, 2001; 

23 (2) section 1114 of the Right to Financial Pri24 vacy Act of 1978 (12 U.S.C. 3414(a)(5)) is amended 

25 to read as such provision read on October 25, 2001; 


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1 (3) subsections (a) and (b) of section 626 of the 

2 Fair Credit Reporting Act (15 U.S.C. 1681u) are 

3 amended to read as subsections (a) and (b), respec4 tively, of the second of the 2 sections designated as 

5 section 624 of such Act (15 U.S.C. 1681u) (relating 

6 to disclosure to the Federal Bureau of Investigation 

7 for counterintelligence purposes), as added by sec8 tion 601 of the Intelligence Authorization Act for 

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

10 974), read on October 25, 2001; and 

11 (4) section 802 of the National Security Act of 

12 1947 (50 U.S.C. 3162) is amended to read as such 

13 provision read on October 25, 2001. 

14 (b) TRANSITION PROVISION.—Notwithstanding sub15 section (a), the provisions of law referred to in subsection 

16 (a), as in effect on May 31, 2015, shall continue to apply 

17 on and after June 1, 2015, with respect to any particular 

18 foreign intelligence investigation or with respect to any 

19 particular offense or potential offense that began or oc20 curred before June 1, 2015. 

21 SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS. 

22 Section 3511 of title 18, United States Code, is 

23 amended in subsections (a), (c), and (d), by striking ‘‘or 

24 627(a)’’ each place it appears. 


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1 TITLE VI—FISA AND NATIONAL 

2 SECURITY LETTER TRANS3 PARENCY REFORMS 

4 SEC. 601. THIRD-PARTY REPORTING ON FISA ORDERS AND 

5 NATIONAL SECURITY LETTERS. 

6 (a) IN GENERAL.—Each electronic service provider 

7 may report information to the public in accordance with 

8 this section about demands and requests for information 

9 made by any Government entity under a surveillance law, 

10 and is exempt in accordance with subsection (d) from li11 ability with respect to that report, even if such provider 

12 would otherwise be prohibited by a surveillance law from 

13 reporting that information. 

14 (b) PERIODIC AGGREGATE REPORTS.—An electronic 

15 service provider may report such information not more 

16 often than quarterly and only to the following extent: 

17 (1) ESTIMATE OF NUMBERS OF DEMANDS AND

18 REQUESTS MADE.—The report may reveal an esti19 mate of the number of the demands and requests de20 scribed in subsection (a) made during the period to 

21 which the report pertains. 

22 (2) ESTIMATE OF NUMBERS OF DEMANDS AND

23 REQUESTS COMPLIED WITH.—The report may reveal 

24 an estimate of the numbers of the demands and re25 quests described in subsection (a) the electronic 


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1 service provider complied with during the period to 

2 which the report pertains, regardless of when the de3 mands or requests were made. 

4 (3) ESTIMATE OF NUMBER OF USERS OR AC5 COUNTS.—The report may reveal an estimate of the 

6 numbers of users or accounts, or both, of the elec7 tronic service provider, for which information was 

8 demanded, requested, or provided during the period 

9 to which the report pertains. 

10 (c) SPECIAL RULES FOR REPORTS.— 

11 (1) LEVEL OF DETAIL BY AUTHORIZING SUR12 VEILLANCE LAW.—Any estimate disclosed under this 

13 section may be an overall estimate or broken down 

14 by categories of authorizing surveillance laws or by 

15 provisions of authorizing surveillance laws. 

16 (2) LEVEL OF DETAIL BY NUMERICAL

17 RANGE.—Each estimate disclosed under this section 

18 shall be rounded to the nearest 100. If an estimate 

19 is zero, an electronic service provider may report the 

20 estimate as zero. 

21 (3) REPORT MAY BE BROKEN DOWN BY PERI22 ODS NOT LESS THAN CALENDAR QUARTERS.—For 

23 any reporting period, an electronic service provider 

24 may break down the report by calendar quarters or 


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1 any other time periods greater than a calendar quar2 ter. 

3 (d) LIMITATION ON LIABILITY.—An electronic serv4 ice provider making a report that the electronic service 

5 provider reasonably believes in good faith is authorized by 

6 this section is not criminally or civilly liable in any court 

7 for making the report. 

8 (e) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to prohibit disclosures other than 

10 those authorized by this section. 

11 (f) DEFINITIONS.—In this section: 

12 (1) ELECTRONIC SERVICE PROVIDER.—The 

13 term ‘‘electronic service provider’’ means an elec14 tronic communications service provider (as that term 

15 is defined in section 2510 of title 18, United States 

16 Code) or a remote computing service provider (as 

17 that term is defined in section 2711 of title 18, 

18 United States Code). 

19 (2) SURVEILLANCE LAW.—The term ‘‘surveil20 lance law’’ means any provision of any of the fol21 lowing: 

22 (A) The Foreign Intelligence Surveillance 

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

24 (B) Section 802(a) of the National Secu25 rity Act of 1947 (50 U.S.C. 436(a)). 


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1 (C) Section 2709 of title 18, United States 

2 Code. 

3 (D) Section 1114 of the Right to Financial 

4 Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)). 

5 (E) Subsection (a) or (b) of section 626 of 

6 the Fair Credit Reporting Act (15 U.S.C. 

7 1681u(a), 1681u(b)). 

8 (F) Section 627(a) of the Fair Credit Re9 porting Act (15 U.S.C. 1681v(a)) (as in effect 

10 on the day before the date of the enactment of 

11 this Act). 

12 SEC. 602. GOVERNMENT REPORTING ON FISA ORDERS. 

13 (a) ELECTRONIC SURVEILLANCE.— 

14 (1) REPORT OF ELECTRONIC SURVEILLANCE.— 

15 Section 107 of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1807) is amended— 

17 (A) by redesignating subsections (a) and 

18 (b) as paragraphs (1) and (2), respectively; 

19 (B) in the matter preceding paragraph (1) 

20 (as redesignated by subparagraph (A) of this 

21 paragraph)— 

22 (i) by striking ‘‘In April’’ and insert23 ing ‘‘(a) In April’’; and 

24 (ii) by striking ‘‘Congress’’ and insert25 ing ‘‘the Permanent Select Committee on 


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1 Intelligence and the Committee on the Ju2 diciary of the House of Representatives 

3 and the Select Committee on Intelligence 

4 and the Committee on the Judiciary of the 

5 Senate’’; 

6 (C) in subsection (a) (as designated by 

7 subparagraph (B) of this paragraph)— 

8 (i) in paragraph (1) (as redesignated 

9 by subparagraph (A) of this paragraph), 

10 by striking ‘‘; and’’ and inserting a semi11 colon; 

12 (ii) in paragraph (2) (as so redesig13 nated), by striking the period and inserting 

14 a semicolon; and 

15 (iii) by adding at the end the fol16 lowing new paragraphs: 

17 ‘‘(3) the total number of individuals who were 

18 subject to electronic surveillance conducted under an 

19 order entered under this title, rounded to the nearest 

20 100; and 

21 ‘‘(4) the total number of United States persons 

22 who were subject to electronic surveillance conducted 

23 under an order entered under this title, rounded to 

24 the nearest 100.’’; and 


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1 (D) by adding at the end the following new 

2 subsection: 

3 ‘‘(b)(1) Each report required under subsection (a) 

4 shall be submitted in unclassified form. 

5 ‘‘(2) Not later than 7 days after a report is submitted 

6 under subsection (a), the Attorney General shall make 

7 such report publicly available.’’. 

8 (2) CONGRESSIONAL OVERSIGHT.—Section 

9 108(a)(1) of the Foreign Intelligence Surveillance 

10 Act of 1978 (50 U.S.C. 1808) is amended by strik11 ing ‘‘the House Permanent Select Committee on In12 telligence and the Senate Select Committee on Intel13 ligence, and the Committee on the Judiciary of the 

14 Senate’’ and inserting ‘‘the Permanent Select Com15 mittee on Intelligence and the Committee on the Ju16 diciary of the House of Representatives and the Se17 lect Committee on Intelligence and the Committee 

18 on the Judiciary of the Senate’’. 

19 (b) PHYSICAL SEARCHES.—Section 306 of the For20 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

21 1826) is amended— 

22 (1) in the first sentence, by striking ‘‘Perma23 nent Select Committee on Intelligence of the House 

24 of Representatives and the Select Committee on In25 telligence of the Senate, and the Committee on the 


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1 Judiciary of the Senate’’ and inserting ‘‘Permanent 

2 Select Committee on Intelligence and the Committee 

3 on the Judiciary of the House of Representatives 

4 and the Select Committee on Intelligence and the 

5 Committee on the Judiciary of the Senate’’; and 

6 (2) in the second sentence, by striking ‘‘and the 

7 Committee on the Judiciary of the House of Rep8 resentatives’’. 

9 (c) PEN REGISTER AND TRAP AND TRACE DE10 VICES.—Section 406 of the Foreign Intelligence Surveil11 lance Act of 1978 (50 U.S.C. 1846) is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (2), by striking ‘‘; and’’ 

14 and inserting a semicolon; 

15 (B) in paragraph (3), by striking the pe16 riod and inserting a semicolon; and 

17 (C) by adding at the end the following new 

18 paragraphs: 

19 ‘‘(4) each department or agency on behalf of 

20 which the Government has made application for or21 ders approving the use of pen registers or trap and 

22 trace devices under this title; 

23 ‘‘(5) for each department or agency described in 

24 paragraph (4), a breakdown of the numbers required 

25 by paragraphs (1), (2), and (3); 


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1 ‘‘(6) a good faith estimate of the total number 

2 of individuals who were targeted by the installation 

3 and use of a pen register or trap and trace device 

4 authorized under an order entered under this title, 

5 rounded to the nearest 100; 

6 ‘‘(7) a good faith estimate of the total number 

7 of United States persons who were targeted by the 

8 installation and use of a pen register or trap and 

9 trace device authorized under an order entered 

10 under this title, rounded to the nearest 100; and 

11 ‘‘(8) a good faith estimate of the total number 

12 of United States persons who were targeted by the 

13 installation and use of a pen register or trap and 

14 trace device authorized under an order entered 

15 under this title and whose information acquired by 

16 such pen register or trap and trace device was sub17 sequently reviewed or accessed by a Federal officer, 

18 employee, or agent, rounded to the nearest 100.’’; 

19 and 

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(c)(1) Each report required under subsection (b) 

23 shall be submitted in unclassified form. 


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1 ‘‘(2) Not later than 7 days after a report is submitted 

2 under subsection (b), the Attorney General shall make 

3 such report publicly available.’’. 

4 (d) ACCESS TO CERTAIN BUSINESS RECORDS AND

5 OTHER TANGIBLE THINGS.—Section 503 of the Foreign 

6 Intelligence Surveillance Act of 1978, as redesignated by 

7 section 101(c) of this Act, is amended— 

8 (1) in subsection (a), by striking ‘‘Permanent 

9 Select Committee on Intelligence of the House of 

10 Representatives and the Select Committee on Intel11 ligence and the Committee on the Judiciary of the 

12 Senate’’ and inserting after ‘‘Permanent Select 

13 Committee on Intelligence of the House of Rep14 resentatives, the Select Committee on Intelligence of 

15 the Senate, and the Committees on the Judiciary of 

16 the House of Representatives and the Senate’’; 

17 (2) in subsection (b)— 

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

19 by striking ‘‘to the preceding calendar year—’’ 

20 and inserting ‘‘to the preceding calendar year 

21 the following:’’; 

22 (B) in paragraph (1)— 

23 (i) by striking ‘‘the total’’ and insert24 ing ‘‘The total’’; and 


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1 (ii) by striking the semicolon and in2 serting a period; 

3 (C) in paragraph (2)— 

4 (i) by striking ‘‘the total’’ and insert5 ing ‘‘The total’’; and 

6 (ii) by striking ‘‘; and’’ and inserting 

7 a period; 

8 (D) in paragraph (3)— 

9 (i) in the matter preceding subpara10 graph (A), by striking ‘‘the number’’ and 

11 inserting ‘‘The number’’; and 

12 (ii) by adding at the end the following 

13 new subparagraphs: 

14 ‘‘(F) Records concerning electronic com15 munications. 

16 ‘‘(G) Records concerning wire communica17 tions.’’; and 

18 (E) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(4) A description of all other tangible things 

21 sought by an application made for the production of 

22 any tangible things under section 501, and the num23 ber of orders under such section 501 granted, modi24 fied, or denied, for each tangible thing. 


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1 ‘‘(5) A description of each order under section 

2 501 granted, modified, or denied for the production 

3 of tangible things on an ongoing basis. 

4 ‘‘(6) Each department or agency on whose be5 half the Director of the Federal Bureau of Investiga6 tion or a designee of the Director has made an ap7 plication for an order requiring the production of 

8 any tangible things under section 501. 

9 ‘‘(7) For each department or agency described 

10 in paragraph (6), a breakdown of the numbers and 

11 descriptions required by paragraphs (1), (2), (3), 

12 (4), and (5).’’; and 

13 (3) in subsection (c)— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (A), by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (ii) in subparagraph (B), by striking 

18 the period and inserting a semicolon; and 

19 (iii) by adding at the end the fol20 lowing new subparagraphs: 

21 ‘‘(C) a good faith estimate of the total number 

22 of individuals whose tangible things were produced 

23 under an order entered under section 501, rounded 

24 to the nearest 100; 


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1 ‘‘(D) a good faith estimate of the total number 

2 of United States persons whose tangible things were 

3 produced under an order entered under section 501, 

4 rounded to the nearest 100; and 

5 ‘‘(E) a good faith estimate of the total number 

6 of United States persons whose tangible things were 

7 produced under an order entered under section 501 

8 and subsequently reviewed or accessed by a Federal 

9 officer, employee, or agent, rounded to the nearest 

10 100.’’; and 

11 (B) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) Not later than 7 days after the date on which 

14 a report is submitted under paragraph (1), the Attorney 

15 General shall make such report publicly available.’’. 

16 (e) ADDITIONAL PROCEDURES REGARDING CERTAIN

17 PERSONS OUTSIDE THE UNITED STATES.—Section 707 

18 of the Foreign Intelligence Surveillance Act of 1978 (50 

19 U.S.C. 1881f) is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(c) ADDITIONAL ANNUAL REPORT.— 

22 ‘‘(1) REPORT REQUIRED.—In April of each 

23 year, the Attorney General shall submit to the Per24 manent Select Committee on Intelligence and the 

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1 resentatives and the Select Committee on Intel2 ligence and the Committee on the Judiciary of the 

3 Senate a report setting forth with respect to the pre4 ceding year— 

5 ‘‘(A) the total number of— 

6 ‘‘(i) directives issued under section 

7 702; 

8 ‘‘(ii) orders granted under section 

9 703; and 

10 ‘‘(iii) orders granted under section 

11 704; 

12 ‘‘(B) good faith estimates of the total num13 ber of individuals, rounded to the nearest 100, 

14 whose electronic or wire communications or 

15 communications records were collected pursuant 

16 to— 

17 ‘‘(i) a directive issued under section 

18 702; 

19 ‘‘(ii) an order granted under section 

20 703; and 

21 ‘‘(iii) an order granted under section 

22 704; 

23 ‘‘(C) good faith estimates of the total num24 ber, rounded to the nearest 100, of United 

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1 nications or communications records were col2 lected pursuant to— 

3 ‘‘(i) a directive issued under section 

4 702; 

5 ‘‘(ii) an order granted under section 

6 703; and 

7 ‘‘(iii) an order granted under section 

8 704; and 

9 ‘‘(D) a good faith estimate of the total 

10 number of United States persons whose elec11 tronic or wire communications or communica12 tions records were collected pursuant to a direc13 tive issued under section 702 and subsequently 

14 reviewed or accessed by a Federal officer, em15 ployee, or agent, rounded to the nearest 100. 

16 ‘‘(2) FORM.—Each report required under para17 graph (1) shall be submitted in unclassified form. 

18 ‘‘(3) PUBLIC AVAILABILITY.—Not later than 7 

19 days after the date on which a report is submitted 

20 under paragraph (1), the Attorney General shall 

21 make such report publicly available.’’. 


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1 SEC. 603. GOVERNMENT REPORTING ON NATIONAL SECU2 RITY LETTERS. 

3 Section 118(c) of the USA PATRIOT Improvement 

4 and Reauthorization Act of 2005 (18 U.S.C. 3511 note) 

5 is amended to read as follows: 

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

8 ‘‘(1) CLASSIFIED FORM.— 

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

10 1, 2015, and every 180 days thereafter, the At11 torney General shall submit to the Select Com12 mittee on Intelligence, the Committee on the 

13 Judiciary, and the Committee on Banking, 

14 Housing, and Urban Affairs of the Senate and 

15 the Permanent Select Committee on Intel16 ligence, the Committee on the Judiciary, and 

17 the Committee on Financial Services of the 

18 House of Representatives a report fully inform19 ing the committees concerning the requests 

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

21 States Code, section 1114 of the Right to Fi22 nancial Privacy Act of 1978 (12 U.S.C. 

23 3414(a)(5)(A)), section 626 of the Fair Credit 

24 Reporting Act (15 U.S.C. 1681u), or section 

25 802 of the National Security Act of 1947 (50 

26 U.S.C. 3162) during the applicable period. 


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1 ‘‘(B) CONTENTS.—Each report under sub2 paragraph (A) shall include, for each provision 

3 of law described in subparagraph (A)— 

4 ‘‘(i) authorized requests under the 

5 provision, including requests for subscriber 

6 information; and 

7 ‘‘(ii) the number of authorized re8 quests under the provision— 

9 ‘‘(I) that relate to a United 

10 States person; 

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

12 is not a United States person; 

13 ‘‘(III) that relate to a person 

14 that is— 

15 ‘‘(aa) the subject of an au16 thorized national security inves17 tigation; or 

18 ‘‘(bb) an individual who has 

19 been in contact with or otherwise 

20 directly linked to the subject of 

21 an authorized national security 

22 investigation; and 

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

24 is not known to be the subject of an 


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1 authorized national security investiga2 tion. 

3 ‘‘(2) UNCLASSIFIED FORM.— 

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

5 1, 2015, and every 180 days 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 (1) during the applicable period. Each report 

17 under this paragraph 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. 

11 ‘‘(3) DEFINITIONS.—In this subsection: 

12 ‘‘(A) APPLICABLE PERIOD.—The term ‘ap13 plicable period’ means— 

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

15 submitted under paragraph (1) or (2), the 

16 period beginning 180 days after the date 

17 of enactment of the USA FREEDOM Act 

18 and ending on December 31, 2014; and 

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

20 submitted under paragraph (1) or (2), and 

21 each report thereafter, the 6-month period 

22 ending on the last day of the second month 

23 before the date for submission of the re24 port. 


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1 ‘‘(B) UNITED STATES PERSON.—The term 

2 ‘United States person’ has the meaning given 

3 that term in section 101 of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 

5 1801).’’. 

6 TITLE VII—PRIVACY AND CIVIL 

7 LIBERTIES OVERSIGHT 

8 BOARD SUBPOENA AUTHOR9 ITY 

10 SEC. 701. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

11 BOARD SUBPOENA AUTHORITY. 

12 Section 1061(g) of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 

14 amended— 

15 (1) in paragraph (1)(D), by striking ‘‘submit a 

16 written request to the Attorney General of the 

17 United States that the Attorney General’’; 

18 (2) by striking paragraph (2); and 

19 (3) by redesignating paragraphs (3) and (4) as 

20 paragraphs (2) and (3). 

21 TITLE VIII—SEVERABILITY 

22 SEC. 801. SEVERABILITY. 

23 If any provision of this Act or an amendment made 

24 by this Act, or the application of the provision to any per25 son or circumstance, is held to be unconstitutional, the 


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1 remainder of this Act and the amendments made by this 

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

3 the amendments made by this Act to any other person 

4 or circumstance, shall not be affected thereby. 

Æ 


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