II 

113TH CONGRESS 

1ST SESSION S. 1701 

To amend the Foreign Intelligence Surveillance Act of 1978 to strengthen 

Fourth and Fifth Amendment protections and freedoms of citizens of 

the United States and ensure greater transparency and oversight of 

the ability of the Federal Government to collect information and conduct 

surveillance on the private lives of citizens of the United States. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2013 

Ms. BALDWIN (for herself, Mr. WYDEN, and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Foreign Intelligence Surveillance Act of 1978 

to strengthen Fourth and Fifth Amendment protections 

and freedoms of citizens of the United States and ensure 

greater transparency and oversight of the ability of the 

Federal Government to collect information and conduct 

surveillance on the private lives of citizens of the United 

States. 

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. 

2 This Act may be cited as the ‘‘Freedoms and Privacy 

3 Act of 2013’’. 

4 SEC. 2. OVERSIGHT AND DISCLOSURE PROCEDURES OF 

5 FISA INTELLIGENCE IN FEDERAL PRO6 CEEDINGS. 

7 (a) NOTIFICATION AND DISCLOSURE OF INFORMA8 TION.— 

9 (1) ELECTRONIC SURVEILLANCE.—Section 106 

10 of the Foreign Intelligence Surveillance Act of 1978 

11 (50 U.S.C. 1806) is amended— 

12 (A) in subsection (c), by striking ‘‘of that 

13 aggrieved person’’; 

14 (B) in subsection (f)— 

15 (i) by striking ‘‘(f) Whenever a court 

16 or other authority’’ and inserting the fol17 lowing: 

18 ‘‘(f)(1)(A) In a Federal criminal proceeding, when19 ever the United States district court is notified pursuant 

20 to subsection (c), or whenever a motion is made pursuant 

21 to subsection (e), or whenever any motion or request is 

22 made by the defendant or another aggrieved person to dis23 cover or obtain applications or orders or other materials 

24 relating to electronic surveillance authorized by this title 

25 or to discover, obtain, or suppress evidence or information 

26 obtained or derived from electronic surveillance authorized 


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1 by this title, the court shall, notwithstanding any other 

2 law, ensure all applicable communications and information 

3 are handled in full compliance with the Classified Informa4 tion Procedures Act (18 U.S.C. App.). 

5 ‘‘(B) In subparagraph (A), the term ‘all applicable 

6 communications and information’ includes any informa7 tion that has been collected under this title and used in 

8 the course of an investigation that is relevant to the Fed9 eral criminal proceeding concerned, including information 

10 not intended to be entered into evidence in the proceeding. 

11 ‘‘(C) Under subparagraph (A), acting in accordance 

12 with the hearing procedures described in the Classified In13 formation Procedures Act, the court shall order the Gov14 ernment to provide the defendant with the following: 

15 ‘‘(i) Information that was used to secure from 

16 the court established under section 103(a) an order 

17 for surveillance of the defendant or another applica18 ble aggrieved person. 

19 ‘‘(ii) A copy of each order from the court estab20 lished by section 103(a), including the application of 

21 the Government for such order, authorizing surveil22 lance of the defendant or another applicable ag23 grieved person. 

24 ‘‘(iii) Any information obtained by the Govern25 ment pursuant to each order described in clause (ii) 


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1 that the Government intends to introduce into evi2 dence or otherwise use or disclose in the Federal 

3 criminal proceeding concerned. 

4 ‘‘(iv) Any information obtained by the Govern5 ment pursuant to each order described in clause (ii) 

6 that is material and helpful to the defense. 

7 ‘‘(2) In a proceeding other than a Federal criminal 

8 proceeding, whenever a court or other authority’’; and 

9 (ii) in paragraph (2), as designated by 

10 clause (i), by striking ‘‘if the Attorney 

11 General files’’ and all that follows and in12 serting ‘‘apply the procedures set forth in 

13 section 6 of the Classified Information 

14 Procedures Act. In applying such section 

15 for that purpose, any reference in such sec16 tion to the ‘defendant’ shall be deemed to 

17 be a reference to the aggrieved person.’’; 

18 and 

19 (C) in subsection (g), in the first sentence, 

20 by striking ‘‘electronic surveillance of the ag21 grieved person’’ and inserting ‘‘electronic sur22 veillance’’. 

23 (2) PHYSICAL SEARCHES.—Section 305 of that 

24 Act (50 U.S.C. 1825) is amended— 

25 (A) in subsection (g)— 


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1 (i) by striking ‘‘(g) Whenever a court 

2 or other authority’’ and inserting the fol3 lowing: 

4 ‘‘(g)(1)(A) In a Federal criminal proceeding, when5 ever the United States district court is notified pursuant 

6 to subsection (d), or whenever a motion is made pursuant 

7 to subsection (f), or whenever any motion or request is 

8 made by the defendant or another aggrieved person to dis9 cover or obtain applications or orders or other materials 

10 relating to a physical search authorized by this title or 

11 to discover, obtain, or suppress evidence or information 

12 obtained or derived from a physical search authorized by 

13 this title, the court shall, notwithstanding any other law, 

14 ensure all applicable information is handled in full compli15 ance with the Classified Information Procedures Act (18 

16 U.S.C. App.). 

17 ‘‘(B) In subparagraph (A), the term ‘all applicable 

18 information’ includes any information that has been col19 lected under this title and used in the course of an inves20 tigation that is relevant to the Federal criminal proceeding 

21 concerned, including information not intended to be en22 tered into evidence in the proceeding. 

23 ‘‘(C) Under subparagraph (A), acting in accordance 

24 with the hearing procedures described in the Classified InVerDate Mar 15 2010 01:51 Nov 16, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1701.IS S1701

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1 formation Procedures Act, the court shall order the Gov2 ernment to provide the defendant with the following: 

3 ‘‘(i) Information that was used to secure from 

4 the Foreign Intelligence Surveillance Court an order 

5 for a physical search of the defendant or another ap6 plicable aggrieved person. 

7 ‘‘(ii) A copy of each order from the Foreign In8 telligence Surveillance Court, including the applica9 tion of the Government for the order, authorizing 

10 the physical search of the defendant or another ap11 plicable aggrieved person. 

12 ‘‘(iii) Any information obtained by the Govern13 ment pursuant to each order described in clause (ii) 

14 that the Government intends to introduce into evi15 dence or otherwise use or disclose in the Federal 

16 criminal proceeding concerned. 

17 ‘‘(iv) Any information obtained by the Govern18 ment pursuant to each order described in clause (ii) 

19 that is material and helpful to the defense. 

20 ‘‘(2) In a proceeding other than a Federal criminal 

21 proceeding, whenever a court or other authority’’; and 

22 (ii) in paragraph (2), as designated by 

23 clause (i), by striking ‘‘if the Attorney 

24 General files’’ and all that follows and in25 serting ‘‘apply the procedures set forth in 


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1 section 6 of the Classified Information 

2 Procedures Act. In applying such section 

3 for that purpose, any reference in such sec4 tion to the ‘defendant’ shall be deemed to 

5 be a reference to the aggrieved person.’’; 

6 and 

7 (B) in subsection (h), by striking ‘‘physical 

8 search of the aggrieved person’’ and inserting 

9 ‘‘physical search’’. 

10 (3) PEN REGISTERS AND TRAP AND TRACE DE11 VICES.—Section 405(f) of that Act (50 U.S.C. 

12 1845(f)) is amended— 

13 (A) by striking paragraph (2); 

14 (B) in paragraph (1), by striking ‘‘(f)(1) 

15 Whenever a court or other authority’’ and in16 serting the following: 

17 ‘‘(f)(1)(A) In a Federal criminal proceeding, when18 ever the United States district court is notified pursuant 

19 to subsection (c), or whenever a motion is made pursuant 

20 to subsection (e), or whenever any motion or request is 

21 made by the defendant or another aggrieved person to dis22 cover or obtain applications or orders or other materials 

23 relating to the use of a pen register or trap and trace de24 vice authorized by this title or to discover, obtain, or sup25 press evidence or information obtained or derived from the 


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1 use of a pen register or trap and trace device authorized 

2 by this title, the court shall, notwithstanding any other 

3 law, ensure all applicable information is handled in full 

4 compliance with the Classified Information Procedures 

5 Act (18 U.S.C. App.). 

6 ‘‘(B) In subparagraph (A), the term ‘all applicable 

7 information’ includes any information that has been col8 lected under this title and used in the course of an inves9 tigation that is relevant to the Federal criminal proceeding 

10 concerned, including information not intended to be en11 tered into evidence in the proceeding. 

12 ‘‘(C) Under subparagraph (A), acting in accordance 

13 with the hearing procedures described in the Classified In14 formation Procedures Act, the court shall order the Gov15 ernment to provide the defendant with the following: 

16 ‘‘(i) Information that was used to secure from 

17 a judge referred to in section 402(b) an order for 

18 the use of a pen register or trap and trace device 

19 with respect to the defendant or another applicable 

20 aggrieved person. 

21 ‘‘(ii) A copy of each order from a judge referred 

22 to in section 402(b), including the application of the 

23 Government for such order, authorizing the use of a 

24 pen register or trap and trace device with respect to 


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1 the defendant or another applicable aggrieved per2 son. 

3 ‘‘(iii) Any information obtained by the Govern4 ment pursuant to each order described in clause (ii) 

5 that the Government intends to introduce into evi6 dence or otherwise use or disclose in the Federal 

7 criminal proceeding concerned. 

8 ‘‘(iv) Any information obtained by the Govern9 ment pursuant to each order described in clause (ii) 

10 that is material and helpful to the defense. 

11 ‘‘(2) In a proceeding other than a Federal criminal 

12 proceeding, whenever a court or other authority’’; and 

13 (C) in paragraph (2), as amended by this 

14 paragraph, by striking ‘‘and if the Attorney 

15 General files’’ and all that follows and inserting 

16 ‘‘, apply the procedures set forth in section 6 of 

17 the Classified Information Procedures Act. In 

18 applying such section for that purpose, any ref19 erence in such section to the ‘defendant’ shall 

20 be deemed to be a reference to the aggrieved 

21 person.’’. 

22 (4) BUSINESS RECORDS.—Section 501 of that 

23 Act (50 U.S.C. 1861) is amended by adding at the 

24 end the following: 


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1 ‘‘(i) NOTIFICATION AND DISCLOSURE OF INFORMA2 TION.—(1)(A) In a Federal criminal proceeding, whenever 

3 any motion or request is made by the defendant or another 

4 aggrieved person to discover or obtain applications or or5 ders or other materials relating to the production of tan6 gible things authorized by this section or to discover, ob7 tain, or suppress evidence or information obtained or de8 rived from the production of tangible things authorized by 

9 this section, the court shall, notwithstanding any other 

10 law, ensure all applicable information is handled in full 

11 compliance with the Classified Information Procedures 

12 Act (18 U.S.C. App.). 

13 ‘‘(B) In subparagraph (A), the term ‘all applicable 

14 information’ includes any information that has been col15 lected under this section and used in the course of an in16 vestigation that is relevant to the Federal criminal pro17 ceeding concerned, including information not intended to 

18 be entered into evidence in the proceeding. 

19 ‘‘(C) Under subparagraph (A), acting in accordance 

20 with the hearing procedures described in the Classified In21 formation Procedures Act, the court shall order the Gov22 ernment to provide the defendant with the following: 

23 ‘‘(i) Information that was used to secure from 

24 a judge referred to in subsection (b) an order for the 


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1 production of tangible things with respect to the de2 fendant or another applicable aggrieved person. 

3 ‘‘(ii) A copy of each order from a judge referred 

4 to in subsection (b), including the application of the 

5 Government for such order, authorizing the produc6 tion of tangible things with respect to the defendant 

7 or another applicable aggrieved person. 

8 ‘‘(iii) Any information obtained by the Govern9 ment pursuant to each order described in clause (ii) 

10 that the Government intends to introduce into evi11 dence or otherwise use or disclose in the Federal 

12 criminal proceeding concerned. 

13 ‘‘(iv) Any information obtained by the Govern14 ment pursuant to each order described in clause (ii) 

15 that is material and helpful to the defense. 

16 ‘‘(2) In a proceeding other than a Federal criminal 

17 proceeding, whenever any motion or request is made by 

18 the defendant or another aggrieved person to discover or 

19 obtain applications or orders or other materials relating 

20 to the production of tangible things authorized by this sec21 tion or to discover, obtain, or suppress evidence or infor22 mation obtained or derived from the production of tangible 

23 things authorized by this section, the United States dis24 trict court or, where the motion is made before another 

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1 trict as the authority, shall, notwithstanding any other 

2 provision of law, apply the procedures set forth in section 

3 6 of the Classified Information Procedures Act. In apply4 ing such section for that purpose, any reference in such 

5 section to the ‘defendant’ shall be deemed to be a reference 

6 to the aggrieved person 

7 ‘‘(3) In this subsection, the term ‘aggrieved person’ 

8 means any person whose tangible things were produced 

9 through an order for the production of things authorized 

10 by this section.’’. 

11 (b) USE OF INFORMATION.— 

12 (1) PEN REGISTERS AND TRAP AND TRACE DE13 VICES.—Subsection (b) of section 405 of the Foreign 

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

15 1845) is amended to read as follows: 

16 ‘‘(b)(1) No information acquired pursuant to this 

17 title may be disclosed for law enforcement purposes (other 

18 than for international terrorism or clandestine intelligence 

19 investigations) unless the Attorney General or the Attor20 ney General’s designee (who shall be a current official of 

21 the United States who was appointed by and with the ad22 vice and consent of the Senate) executes a written certifi23 cation that this section is the grounds for the authoriza24 tion for disclosure. The written certification shall be exeVerDate Mar 15 2010 01:51 Nov 16, 2013 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1701.IS S1701

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1 cuted not later than 30 days after the date of the disclo2 sure. 

3 ‘‘(2) In the event information acquired pursuant to 

4 this title or information derived therefrom is used in any 

5 investigation, prosecution, or other proceeding, the exist6 ence of the written certification executed in connection 

7 with the disclosure of such information under paragraph 

8 (1) shall be made known to the supervisory official over9 seeing such investigation, prosecution, or proceeding. 

10 ‘‘(3) No information acquired pursuant to this title 

11 may be used in any trial, hearing, or other proceeding in 

12 or before any court, department, officer, agency, regu13 latory body, or other authority of the United States or 

14 any State without the advance written authorization of the 

15 Attorney General, which written authorization shall— 

16 ‘‘(A) include the reasons specific to the facts at 

17 issue for such authorization, the order of a court es18 tablished under section 103 that permits the infor19 mation to be acquired, and identifies this section as 

20 the grounds for such authorization; and 

21 ‘‘(B) be made known to all the parties and ad22 judicators involved in a manner that complies with 

23 the Classified Information Procedures Act (18 

24 U.S.C. App.).’’. 


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1 (2) BUSINESS RECORDS.—Section 501 of that 

2 Act (50 U.S.C. 1861), as amended by subsection 

3 (a)(4), is further amended by adding at the end the 

4 following: 

5 ‘‘(j) SHARING AND USE OF INFORMATION.— 

6 ‘‘(1) WRITTEN CERTIFICATION REQUIRED ON

7 AUTHORIZED DISCLOSURE.—No information ac8 quired pursuant to this section may be disclosed for 

9 law enforcement purposes (other than for inter10 national terrorism or clandestine intelligence inves11 tigations) unless the Attorney General or the Attor12 ney General’s designee (who shall be a current offi13 cial of the United States who was appointed by and 

14 with the advice and consent of the Senate) executes 

15 a written certification that this section is the 

16 grounds for the authorization for disclosure. The 

17 written certification shall be executed not later than 

18 30 days after the date of the disclosure. 

19 ‘‘(2) NOTICE OF EXISTENCE OF CERTIFI20 CATION.—In the event information acquired pursu21 ant to this section or information derived therefrom 

22 is used in any investigation, prosecution, or other 

23 proceeding, the existence of the written certification 

24 executed in connection with the disclosure of such 

25 information under paragraph (1) shall be made 


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1 known to the supervisory official overseeing such in2 vestigation, prosecution, or proceeding. 

3 ‘‘(3) ATTORNEY GENERAL AUTHORIZATION RE4 QUIRED FOR USE IN PROCEEDINGS.—No informa5 tion acquired pursuant to this section may be used 

6 in any trial, hearing, or other proceeding in or be7 fore any court, department, officer, agency, regu8 latory body, or other authority of the United States 

9 or any State without the advance written authoriza10 tion of the Attorney General, which written author11 ization shall— 

12 ‘‘(A) include the reasons specific to the 

13 facts at issue for such authorization, the order 

14 of a court established under section 103 that 

15 permits the information to be acquired, and 

16 identifies this section as the grounds for such 

17 authorization; and 

18 ‘‘(B) be made known to all the parties and 

19 adjudicators involved in a manner that complies 

20 with the Classified Information Procedures Act 

21 (18 U.S.C. App.).’’. 

22 (3) INFORMATION FROM TARGETS OUTSIDE

23 THE UNITED STATES.—Section 702 of that Act (50 

24 U.S.C. 1881a) is amended— 


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1 (A) by redesignating subsections (j), (k), 

2 and (l) as subsections (k), (l), and (m), respec3 tively; and 

4 (B) by inserting after subsection (i) the 

5 following new subsection (j): 

6 ‘‘(j) SHARING AND USE OF INFORMATION.— 

7 ‘‘(1) WRITTEN CERTIFICATION REQUIRED ON

8 AUTHORIZED DISCLOSURE.—No information ac9 quired pursuant to this section may be disclosed for 

10 law enforcement purposes (other than for inter11 national terrorism or clandestine intelligence inves12 tigations) unless the Attorney General or the Attor13 ney General’s designee (who shall be a current offi14 cial of the United States who was appointed by and 

15 with the advice and consent of the Senate) executes 

16 a written certification that this section is the 

17 grounds for the authorization for disclosure. The 

18 written certification shall be executed not later than 

19 30 days after the date of the disclosure. 

20 ‘‘(2) NOTICE OF EXISTENCE OF CERTIFI21 CATION.—In the event information acquired pursu22 ant to this section or information derived therefrom 

23 is used in any investigation, prosecution, or other 

24 proceeding, the existence of the written certification 

25 executed in connection with the disclosure of such 


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1 information under paragraph (1) shall be made 

2 known to the supervisory official overseeing such in3 vestigation, prosecution, or proceeding. 

4 ‘‘(3) ATTORNEY GENERAL AUTHORIZATION RE5 QUIRED FOR USE IN PROCEEDINGS.—No informa6 tion acquired pursuant to this section may be used 

7 in any trial, hearing, or other proceeding in or be8 fore any court, department, officer, agency, regu9 latory body, or other authority of the United States 

10 or any State without the advance written authoriza11 tion of the Attorney General, which written author12 ization shall— 

13 ‘‘(A) include the reasons specific to the 

14 facts at issue for such authorization, the order 

15 of a court established under section 103 that 

16 permits the information to be acquired, and 

17 identifies this section as the grounds for such 

18 authorization; and 

19 ‘‘(B) be made known to all the parties and 

20 adjudicators involved in a manner that complies 

21 with the Classified Information Procedures Act 

22 (18 U.S.C. App.).’’. 

23 (c) REPORTS TO CONGRESS.— 

24 (1) IN GENERAL.—Title VI of the Foreign In25 telligence Surveillance Act of 1978 (50 U.S.C. 1871 


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1 et seq.) is amended by adding at the end the fol2 lowing: 

3 ‘‘SEC. 602. REPORTS TO CONGRESS ON INTELLIGENCE COM4 MUNITY AND LAW ENFORCEMENT COLLABO5 RATION. 

6 ‘‘(a) IN GENERAL.—Not later than 6 months after 

7 the date of the enactment of the Freedoms and Privacy 

8 Act of 2013 and every 6 months thereafter, the Attorney 

9 General shall make available to all members of Congress 

10 a report setting forth— 

11 ‘‘(1) with respect to the preceding 6-month pe12 riod, a summary of all instances of sharing under, 

13 and any changes made to, any applicable memo14 randum of understanding within the executive 

15 branch, established in accordance with section 

16 535(b) of title 28, United States Code, and Execu17 tive Order 12333 (50 U.S.C. 3001 note), or any 

18 other sets of rules governing any applicable aspects 

19 of each element of the intelligence community (as 

20 defined in section 3 of the National Security Act of 

21 1947 (50 U.S.C. 3003)) in reporting to the Attorney 

22 General and to Federal investigative agencies infor23 mation concerning possible Federal crimes, based 

24 upon information which was collected by the element 


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1 during the performance of the designated intel2 ligence activities of the element under this Act; 

3 ‘‘(2) with respect to the preceding 6-month pe4 riod, a summary of instances described in paragraph 

5 (1), which, in any instances in which shared infor6 mation played an identifiable role in bringing an in7 vestigation, criminal or other proceeding, or settle8 ment, shall include— 

9 ‘‘(A) a summary of how the information 

10 was used in such investigation, proceeding, or 

11 settlement, and an assessment of the value of 

12 such information in such investigation, pro13 ceeding, or settlement; 

14 ‘‘(B) a summary of the legal authorities 

15 under which such information was collected; 

16 and 

17 ‘‘(C) a summary of the outcome of the pro18 ceeding or settlement; 

19 ‘‘(3) with respect to the preceding 6-month pe20 riod, a summary of the investigations, criminal or 

21 other proceedings, or settlements arising from the 

22 sharing of information described in paragraph (1), 

23 which shall include— 

24 ‘‘(A) total number of such investigations, 

25 proceedings, and settlements; 


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1 ‘‘(B) total number of such investigations, 

2 proceedings, and settlements pursued and ob3 tained for each recipient law enforcement agen4 cy; 

5 ‘‘(C) total number of such investigations 

6 pursued by each recipient law enforcement 

7 agency; 

8 ‘‘(D) total number of such investigations 

9 brought to trial by each recipient law enforce10 ment agency; 

11 ‘‘(E) total number of such proceedings re12 sulting in conviction, and in acquittal, by each 

13 recipient law enforcement agency; and 

14 ‘‘(F) the total number of such investiga15 tions for which information was withheld pursu16 ant to subsection (b); 

17 ‘‘(4) with respect to the preceding 6-month pe18 riod, a detailed explanation of any changes to a 

19 Memoranda of Understanding or other policies and 

20 rules governing information sharing between the in21 telligence community and Federal investigative agen22 cies, as referred to in paragraph (1); and 

23 ‘‘(5) with respect to the preceding 6-month pe24 riod, all of the written authorizations of the Attorney 

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1 tions, issued under sections 405(b)(2), 501(j)(2), 

2 and 702(j)(2). 

3 ‘‘(b) WITHHOLDING OF INFORMATION RELATING TO

4 ONGOING INVESTIGATIONS.— 

5 ‘‘(1) WITHHOLDING AUTHORIZED.—The Attor6 ney General may withhold from a report required by 

7 subsection (a) information on an ongoing investiga8 tion that is otherwise required to be included in such 

9 report if the inclusion of such information in such 

10 report would jeopardize such investigation. 

11 ‘‘(2) INCLUSION IN LATER REPORT.—Informa12 tion on an investigation that is withheld from inclu13 sion in a report pursuant to paragraph (1) shall be 

14 included in the first report under subsection (a) that 

15 is made available after the earliest of the following: 

16 ‘‘(A) The closure of such investigation. 

17 ‘‘(B) The completion of the adjudication of 

18 the matters covered by such investigation before 

19 an appropriate authority. 

20 ‘‘(C) A determination by the Attorney Gen21 eral that inclusion of such information in a re22 port under subsection (a) would no longer jeop23 ardize such investigation. 

24 ‘‘(c) ASSESSMENT OF VALUE OF INFORMATION.— 

25 The assessment of value of information for purposes of 


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1 subsection (a)(2)(A) shall be conducted in accordance with 

2 such metrics as the Attorney General shall establish for 

3 purposes of this section. 

4 ‘‘(d) FORM.—Each report under this section shall be 

5 made available as follows: 

6 ‘‘(1) In unclassified form, in a manner con7 sistent with the protection of national security, suit8 able for being made available to the public. 

9 ‘‘(2) With one or more classified annexes (with 

10 one such annex classified at a level no higher than 

11 Top Secret GENSER (or superseding level of equiv12 alent classification)).’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents for that Act is amended by inserting after the 

15 item relating to section 601 the following: 

‘‘Sec. 602. Reports to Congress on intelligence community and law enforcement 

collaboration.’’. 

16 (d) PROHIBITION OF COLLECTION OF INFORMATION

17 UNDER FISA FOR DOMESTIC LAW ENFORCEMENT PUR18 POSES.—Section 702(g)(2)(A)(v) of the Foreign Intel19 ligence Surveillance Act of 1978 (50 U.S.C. 

20 1881a(g)(2)(A)(v)) is amended by striking ‘‘a significant’’ 

21 and inserting ‘‘the primary’’. 


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1 SEC. 3. MINIMIZATION PROCEDURES FOR INFORMATION 

2 COLLECTED ON UNITED STATES PERSONS; 

3 DISCLOSURE OF PROCEDURES. 

4 (a) IN GENERAL.— 

5 (1) PEN REGISTERS AND TRAP AND TRACE DE6 VICES.—Section 406 of the Foreign Intelligence Sur7 veillance Act of 1978 (50 U.S.C. 1846) is amended 

8 by adding at the end the following: 

9 ‘‘(c)(1) The Attorney General, in consultation with 

10 the Director of National Intelligence, shall make available 

11 to all members of Congress all standard minimization pro12 cedures, including any modifications made to the standard 

13 minimization procedures after the date of the enactment 

14 of the Freedoms and Privacy Act of 2013, applied to the 

15 acquisition, retention, use, and dissemination of non-pub16 licly available information concerning unconsenting United 

17 States persons acquired in accordance with this section. 

18 ‘‘(2) The Attorney General, in consultation with the 

19 Director of National Intelligence, shall satisfy the disclo20 sure requirement described in paragraph (1) by making 

21 available the guidance documents provided to personnel 

22 executing the applicable programs to all members of Con23 gress. Such documents shall be so submitted in unclassi24 fied form, in a manner consistent with the protection of 

25 national security, and with one or more classified annexes 

26 (with one such annex classified at a level no higher than 


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1 Top Secret GENSER (or superseding level of equivalent 

2 classification)). 

3 ‘‘(3) A procedure issued before the date of the enact4 ment of the Freedoms and Privacy Act of 2013 that is 

5 required to be disclosed under paragraph (1) shall be dis6 closed not later than 180 days after the date of the enact7 ment of the Freedoms and Privacy Act of 2013.’’. 

8 (2) BUSINESS RECORDS.—Section 501(g) that 

9 Act (50 U.S.C. 1861(g)) is amended by adding at 

10 the end the following: 

11 ‘‘(3) DISCLOSURE.— 

12 ‘‘(A) REQUIREMENT.—The Attorney Gen13 eral, in consultation with the Director of Na14 tional Intelligence, shall make available to all 

15 members of Congress all standard minimization 

16 procedures, including any modifications made to 

17 the standard minimization procedures after the 

18 date of the enactment of the Freedoms and Pri19 vacy Act of 2013, applied to the acquisition, re20 tention, use, and dissemination of non-publicly 

21 available information concerning unconsenting 

22 United States persons acquired in accordance 

23 with this section. 

24 ‘‘(B) SATISFACTION OF REQUIREMENT.— 

25 The Attorney General, in consultation with the 


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1 Director of National Intelligence, shall satisfy 

2 the disclosure requirement described in sub3 paragraph (A) by making available the guid4 ance documents provided to personnel executing 

5 the applicable programs to all members of Con6 gress. Such documents shall be so submitted in 

7 unclassified form, in a manner consistent with 

8 the protection of national security, and with one 

9 or more classified annexes (with one such annex 

10 classified at a level no higher than Top Secret 

11 GENSER (or superseding level of equivalent 

12 classification)). 

13 ‘‘(C) TIMING.—A procedure issued before 

14 the date of the enactment of the Freedoms and 

15 Privacy Act of 2013 that is required to be dis16 closed under subparagraph (A) shall be dis17 closed not later than 180 days after the date of 

18 the enactment of the Freedoms and Privacy Act 

19 of 2013.’’. 

20 (3) TARGETS OUTSIDE THE UNITED STATES.— 

21 Section 702(e) of that Act (50 U.S.C. 1881a(e)) is 

22 amended by adding at the end the following: 

23 ‘‘(3) DISCLOSURE.— 

24 ‘‘(A) REQUIREMENT.—The Attorney Gen25 eral, in consultation with the Director of NaVerDate Mar 15 2010 01:51 Nov 16, 2013 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1701.IS S1701

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•S 1701 IS

1 tional Intelligence, shall make available to all 

2 members of Congress all standard minimization 

3 procedures, including any modifications made to 

4 the standard minimization procedures after the 

5 date of the enactment of the Freedoms and Pri6 vacy Act of 2013, applied to the acquisition, re7 tention, use, and dissemination of non-publicly 

8 available information concerning unconsenting 

9 United States persons acquired by targeting 

10 non-United States persons reasonably believed 

11 to be located outside the United States in ac12 cordance with this section. 

13 ‘‘(B) SATISFACTION OF REQUIREMENT.— 

14 The Attorney General, in consultation with the 

15 Director of National Intelligence, shall satisfy 

16 the disclosure requirement described in sub17 paragraph (A) by making available the guid18 ance documents provided to personnel executing 

19 the applicable programs to all members of Con20 gress. Such documents shall be so submitted in 

21 unclassified form, in a manner consistent with 

22 the protection of national security, and with one 

23 or more classified annexes (with one such annex 

24 classified at a level no higher than Top Secret 


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•S 1701 IS

1 GENSER (or superseding level of equivalent 

2 classification)). 

3 ‘‘(C) TIMING.—A procedure issued before 

4 the date of the enactment of the Freedoms and 

5 Privacy Act of 2013 that is required to be dis6 closed under subparagraph (A) shall be dis7 closed not later than 180 days after the date of 

8 the enactment of the Freedoms and Privacy Act 

9 of 2013.’’. 

10 (b) REPORTS TO CONGRESS.— 

11 (1) IN GENERAL.—Title VI of the Foreign In12 telligence Surveillance Act of 1978 (50 U.S.C. 1871 

13 et seq.), as amended by section 2(c) of this Act, is 

14 further amended by adding at the end the following: 

15 ‘‘SEC. 603. REPORTS TO CONGRESS ON REVIEW OF MINI16 MIZATION PROCEDURES. 

17 ‘‘(a) IN GENERAL.—Not later than 6 months after 

18 the date of the enactment of the Freedoms and Privacy 

19 Act of 2013 and every year thereafter, the Attorney Gen20 eral shall make available to all members of Congress a 

21 report setting forth a review and justification of all stand22 ard minimization procedures which address the access, col23 lections, storage, use, or dissemination of information con24 cerning United States persons. 


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1 ‘‘(b) FORM.—Each report under this section shall be 

2 made available as follows: 

3 ‘‘(1) In unclassified form, in a manner con4 sistent with the protection of national security, suit5 able for being made available to the public. 

6 ‘‘(2) With one or more classified annexes (with 

7 one such annex classified at a level no higher than 

8 Top Secret GENSER (or superseding level of equiv9 alent classification)).’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents for that Act, as so amended, is further amend12 ed by inserting after the item relating to section 602 

13 the following: 

‘‘Sec. 603. Reports to Congress on review of minimization procedures.’’. 

Æ 


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