II 

113TH CONGRESS 

1ST SESSION S. 1551 

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 

SEPTEMBER 25 (legislative day, SEPTEMBER 24), 2013 

Mr. WYDEN (for himself, Mr. UDALL of Colorado, Mr. BLUMENTHAL, Mr. 

PAUL, and Mr. UDALL of New Mexico) 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Intelligence Oversight and Surveillance Reform Act’’. 

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 

INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS 

Sec. 101. Privacy protections for section 215 business records orders. 

Sec. 102. Emergency authority for access to call data records. 

TITLE II—PRIVACY PROTECTIONS FOR PEN REGISTERS AND 

TRAP AND TRACE DEVICES 

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

TITLE III—PROCEDURES FOR TARGETING CERTAIN PERSONS 

OUTSIDE THE UNITED STATES OTHER THAN UNITED STATES 

PERSONS 

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 not 

concerning terrorism under FISA Amendments Act. 

Sec. 303. Prohibition on reverse targeting under FISA Amendments Act. 

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

Amendments Act. 

Sec. 305. Challenges to Government surveillance. 

TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT 

REFORMS 

Sec. 401. Definitions. 

Sec. 402. Office of the Constitutional Advocate. 

Sec. 403. Advocacy before the FISA Court. 

Sec. 404. Advocacy before the petition review pool. 

Sec. 405. Appellate review. 

Sec. 406. Disclosure. 

Sec. 407. Annual report to Congress. 

Sec. 408. Preservation of rights. 

TITLE V—NATIONAL SECURITY LETTER REFORMS 

Sec. 501. National security letter authority. 

Sec. 502. Public reporting on National Security Letters. 

TITLE VI—REPORTING FISA ORDERS AND NATIONAL SECURITY 

LETTERS 

Sec. 601. Third-party reporting of FISA orders and National Security Letters. 

Sec. 602. Government reporting of FISA orders. 

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TITLE VII—PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 

SUBPOENA AUTHORITY 

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

1 TITLE I—ACCESS TO CERTAIN 

2 BUSINESS RECORDS FOR 

3 FOREIGN INTELLIGENCE AND 

4 INTERNATIONAL TERRORISM 

5 INVESTIGATIONS 

6 SEC. 101. PRIVACY PROTECTIONS FOR SECTION 215 BUSI7 NESS RECORDS ORDERS. 

8 (a) PRIVACY PROTECTIONS FOR SECTION 215 BUSI9 NESS RECORDS ORDERS.— 

10 (1) IN GENERAL.—Section 501(b) of the For11 eign Intelligence Surveillance Act of 1978 (50 

12 U.S.C. 1861(b)) is amended— 

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

14 at the end; 

15 (B) in paragraph (2), by striking subpara16 graphs (A) and (B) and inserting the following: 

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

18 there are reasonable grounds to believe that the 

19 records or other things sought— 

20 ‘‘(i) are relevant to an authorized in21 vestigation (other than a threat assess22 ment) conducted in accordance with sub23 section (a)(2) to obtain foreign intelligence 

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1 information not concerning a United 

2 States person or to protect against inter3 national terrorism or clandestine intel4 ligence activities; and 

5 ‘‘(ii) pertain to— 

6 ‘‘(I) a foreign power or an agent 

7 of a foreign power; 

8 ‘‘(II) the activities of a suspected 

9 agent of a foreign power who is the 

10 subject of such authorized investiga11 tion; or 

12 ‘‘(III) an individual in contact 

13 with, or known to, a suspected agent 

14 of a foreign power; and 

15 ‘‘(B) a statement of proposed minimization 

16 procedures; and’’; and 

17 (C) by adding at the end the following: 

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

19 requirement described in subsection (d), shall in20 clude— 

21 ‘‘(A) a statement of specific and articulable 

22 facts providing reason to believe that disclosure 

23 of particular information about the existence or 

24 contents of the order requiring the production 

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1 of tangible things under this section during the 

2 applicable time period will result in— 

3 ‘‘(i) endangering the life or physical 

4 safety of any person; 

5 ‘‘(ii) flight from prosecution; 

6 ‘‘(iii) destruction of or tampering with 

7 evidence; 

8 ‘‘(iv) intimidation of potential wit9 nesses; 

10 ‘‘(v) interference with diplomatic rela11 tions; or 

12 ‘‘(vi) otherwise seriously endangering 

13 the national security of the United States 

14 by alerting a target, an associate of a tar15 get, or the foreign power of which the tar16 get is an agent, of the interest of the Gov17 ernment in the target; 

18 ‘‘(B) an explanation of how the harm iden19 tified under subparagraph (A) is related to the 

20 authorized investigation to which the tangible 

21 things sought are relevant; 

22 ‘‘(C) an explanation of how the nondisclo23 sure requirement is narrowly tailored to address 

24 the specific harm identified under subparagraph 

25 (A); and 

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

2 Government believes the nondisclosure require3 ment should apply.’’. 

4 (2) ORDER.—Section 501(c) of the Foreign In5 telligence Surveillance Act of 1978 (50 U.S.C. 

6 1861(c)) is amended— 

7 (A) in paragraph (1)— 

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

9 (b),’’ and inserting ‘‘subsection (a) and 

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

11 and that the proposed minimization proce12 dures meet the definition of minimization 

13 procedures under subsection (g),’’; and 

14 (ii) by striking the last sentence and 

15 inserting the following: ‘‘If the judge finds 

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

17 have been met, such order shall include a 

18 nondisclosure requirement, which may 

19 apply for not longer than 1 year, unless 

20 the facts justify a longer period of non21 disclosure, subject to the principles and 

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

23 and 

24 (B) in paragraph (2)— 

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1 (i) in subparagraph (C), by striking 

2 ‘‘(d);’’ and inserting ‘‘(d), if applicable;’’; 

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

4 ‘‘and’’ at the end; 

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

6 the period at the end and inserting ‘‘; 

7 and’’; and 

8 (iv) by adding at the end the fol9 lowing: 

10 ‘‘(F) shall direct that the minimization 

11 procedures be followed.’’. 

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

13 Foreign Intelligence Surveillance Act of 1978 (50 

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

15 ‘‘(d) NONDISCLOSURE.— 

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

17 order under subsection (c) that contains a nondisclo18 sure requirement shall disclose to any person the 

19 particular information specified in the nondisclosure 

20 requirement during the time period to which the re21 quirement applies. 

22 ‘‘(2) EXCEPTION.— 

23 ‘‘(A) DISCLOSURE.—A person who receives 

24 an order under subsection (c) that contains a 

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1 mation otherwise subject to any applicable non2 disclosure requirement to— 

3 ‘‘(i) those persons to whom disclosure 

4 is necessary in order to comply with an 

5 order under this section; 

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

7 legal advice or assistance regarding the 

8 order; or 

9 ‘‘(iii) other persons as permitted by 

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

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

13 disclosure is made under subparagraph (A) 

14 shall be subject to the nondisclosure require15 ments applicable to a person to whom an order 

16 is directed under this section in the same man17 ner as the person to whom the order is directed. 

18 ‘‘(C) NOTIFICATION.—Any person who dis19 closes to a person described in subparagraph 

20 (A) information otherwise subject to a non21 disclosure requirement shall notify the person of 

22 the applicable nondisclosure requirement. 

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

24 Bureau of Investigation, or a designee of the Direc25 tor (whose rank shall be no lower than Assistant 

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

2 the prohibition on disclosure of particular informa3 tion about the existence or contents of an order re4 quiring the production of tangible things under this 

5 section for additional periods of not longer than 1 

6 year, unless the facts justify a longer period of non7 disclosure. A nondisclosure requirement shall be re8 newed if a court having jurisdiction under paragraph 

9 (4) determines that the application meets the re10 quirements of subsection (b)(3). 

11 ‘‘(4) JURISDICTION.—An application for a re12 newal under this subsection shall be made to— 

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

14 section 103(a); or 

15 ‘‘(B) a United States Magistrate Judge 

16 under chapter 43 of title 28, United States 

17 Code, who is publicly designated by the Chief 

18 Justice of the United States to have the power 

19 to hear applications and grant orders for the 

20 production of tangible things under this section 

21 on behalf of a judge of the court established 

22 under section 103(a).’’. 

23 (4) MINIMIZATION.—Section 501(g) of the For24 eign Intelligence Surveillance Act of 1978 (50 

25 U.S.C. 1861(g)) is amended— 

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

2 later than’’ and all that follows and inserting 

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

4 the production of tangible things under an 

5 order approved under this section or at any 

6 time after the production of tangible things 

7 under an order approved under this section, a 

8 judge may assess compliance with the mini9 mization procedures by reviewing the cir10 cumstances under which information concerning 

11 United States persons was acquired, retained, 

12 or disseminated.’’; and 

13 (B) in paragraph (2)(A), by inserting ‘‘ac14 quisition and’’ after ‘‘to minimize the’’. 

15 (b) JUDICIAL REVIEW OF SECTION 215 ORDERS.— 

16 Section 501(f)(2) of the Foreign Intelligence Surveillance 

17 Act of 1978 (50 U.S.C. 1861(f)(2)) is amended— 

18 (1) in subparagraph (A)(i)— 

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

20 ‘‘such production order or any nondisclosure 

21 order imposed in connection with such produc22 tion order’’; and 

23 (B) by striking the second sentence; 

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

25 the following new subparagraph: 

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

2 aside a nondisclosure order shall grant such petition un3 less the court determines that— 

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

5 the information subject to the nondisclosure require6 ment during the applicable time period will result 

7 in— 

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

9 of any person; 

10 ‘‘(II) flight from prosecution; 

11 ‘‘(III) destruction of or tampering with evi12 dence; 

13 ‘‘(IV) intimidation of potential witnesses; 

14 ‘‘(V) interference with diplomatic relations; 

15 or 

16 ‘‘(VI) otherwise seriously endangering the 

17 national security of the United States by alert18 ing a target, an associate of a target, or the 

19 foreign power of which the target is an agent, 

20 of the interest of the Government in the target; 

21 ‘‘(ii) the harm identified under clause (i) relates 

22 to the authorized investigation to which the tangible 

23 things sought are relevant; and 

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1 ‘‘(iii) the nondisclosure requirement is narrowly 

2 tailored to address the specific harm identified under 

3 clause (i).’’; and 

4 (3) by adding at the end the following new sub5 paragraph: 

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

7 aside a nondisclosure order under this paragraph, no per8 son may file another petition to modify or set aside such 

9 nondisclosure order until the date that is one year after 

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

11 petition.’’. 

12 SEC. 102. EMERGENCY AUTHORITY FOR ACCESS TO CALL 

13 DATA RECORDS. 

14 (a) IN GENERAL.—Section 403 of the Foreign Intel15 ligence Surveillance Act of 1978 (50 U.S.C. 1843) is 

16 amended by adding at the end the following: 

17 ‘‘(e)(1) Notwithstanding any other provision of this 

18 subsection, the Attorney General may require the produc19 tion of call data records by the provider of a wire or elec20 tronic communication service on an emergency basis if— 

21 ‘‘(A) such records— 

22 ‘‘(i) are relevant to an authorized inves23 tigation (other than a threat assessment) con24 ducted in accordance with section 402 or 501, 

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1 formation not concerning a United States per2 son or to protect against international terrorism 

3 or clandestine intelligence activities; and 

4 ‘‘(ii) 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, 

11 or known to, a suspected agent of a foreign 

12 power; 

13 ‘‘(B) the Attorney General reasonably deter14 mines— 

15 ‘‘(i) 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 402 or 501, as appropriate; and 

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

20 order under section 402 or 501, as appropriate, 

21 to require the production of such records exists; 

22 ‘‘(C) a judge referred to in section 402(b) or 

23 501(b)(1), as appropriate, is informed by the Attor24 ney General at the time of the required production 

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1 of such records that the decision has been made to 

2 require such production on an emergency basis; and 

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

4 402 or 501, as appropriate, is made to such judge 

5 as soon as practicable, but not more than 7 days 

6 after the date on which the Attorney General re7 quires the production of such records under this 

8 subsection. 

9 ‘‘(2)(A) In the absence of an order issued under sec10 tion 402 or 501, as appropriate, to approve the emergency 

11 required production of call data records under paragraph 

12 (1), the authority to require the production of such records 

13 shall terminate at the earlier of— 

14 ‘‘(i) when the information sought is obtained; 

15 ‘‘(ii) when the application for the order is de16 nied under section 402 or 501, as appropriate; or 

17 ‘‘(iii) 7 days after the time of the authorization 

18 by the Attorney General. 

19 ‘‘(B) If an application for an order applied for under 

20 section 402 or 501, as appropriate, for the production of 

21 call data records required to be produced pursuant to 

22 paragraph (1) is denied, or in any other case where the 

23 emergency production of call data records under this sec24 tion is terminated and no order under section 402 or 501, 

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1 tion of such records, no information obtained or evidence 

2 derived from such records shall be received in evidence or 

3 otherwise disclosed in any trial, hearing, or other pro4 ceeding in or before any court, grand jury, department, 

5 office, agency, regulatory body, legislative committee, or 

6 other authority of the United States, a State, or political 

7 subdivision thereof, and no information concerning any 

8 United States person acquired from such records shall 

9 subsequently be used or disclosed in any other manner by 

10 Federal officers or employees without the consent of such 

11 person, except with the approval of the Attorney General 

12 if the information indicates a threat of death or serious 

13 bodily harm to any person.’’. 

14 (b) TERMINATION OF SECTION 501 REFERENCES.— 

15 On the date that section 102(b)(1) of the USA PATRIOT 

16 Improvement and Reauthorization Act of 2005 (Public 

17 Law 109–177; 50 U.S.C. 1805 note) takes effect, sub18 section (e) of section 403 of the Foreign Intelligence Sur19 veillance Act of 1978 (50 U.S.C. 1843), as added by para20 graph (1), is amended— 

21 (1) by striking ‘‘or section 501, as appro22 priate,’’ each place that term appears; 

23 (2) in paragraph (1)— 

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1 (A) in subparagraph (B), by striking ‘‘or 

2 501, as appropriate;’’ and by inserting a semi3 colon; and 

4 (B) in subparagraph (C), by striking ‘‘or 

5 501(b)(1), as appropriate,’’; and 

6 (3) in paragraph (2)(A)(ii), by striking ‘‘or 501, 

7 as appropriate;’’ and by inserting a semicolon. 

8 TITLE II—PRIVACY PROTEC9 TIONS FOR PEN REGISTERS 

10 AND TRAP AND TRACE DE11 VICES 

12 SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS 

13 AND TRAP AND TRACE DEVICES. 

14 (a) APPLICATION.—Section 402(c) of the Foreign In15 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 

16 is amended— 

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

18 end; and 

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

20 following new paragraphs: 

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

22 are reasonable grounds to believe that the records 

23 sought— 

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1 tion not concerning a United States person or 

2 to protect against international terrorism or 

3 clandestine intelligence activities (other than a 

4 threat assessment), provided that such inves5 tigation of a United States person is not con6 ducted solely upon the basis of activities pro7 tected by the first amendment to the Constitu8 tion; and 

9 ‘‘(B) pertain to— 

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

11 foreign power; 

12 ‘‘(ii) the activities of a suspected 

13 agent of a foreign power who is the subject 

14 of such authorized investigation; or 

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

16 known to, a suspected agent of a foreign 

17 power; and 

18 ‘‘(3) a statement of proposed minimization pro19 cedures.’’. 

20 (b) MINIMIZATION.— 

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

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

23 1841) is amended by adding at the end the fol24 lowing: 

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

2 means— 

3 ‘‘(A) specific procedures that are reason4 ably designed in light of the purpose and tech5 nique of an order for the installation and use 

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

7 minimize the acquisition and retention, and pro8 hibit the dissemination, of nonpublicly available 

9 information concerning unconsenting United 

10 States persons consistent with the need of the 

11 United States to obtain, produce, and dissemi12 nate foreign intelligence information; 

13 ‘‘(B) procedures that require that nonpub14 licly available information, which is not foreign 

15 intelligence information, as defined in section 

16 101(e)(1), shall not be disseminated in a man17 ner that identifies any United States person, 

18 without such person’s consent, unless such per19 son’s identity is necessary to understand foreign 

20 intelligence information or assess its impor21 tance; and 

22 ‘‘(C) notwithstanding subparagraphs (A) 

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

24 and dissemination of information that is evi25 dence of a crime which has been, is being, or 

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1 is about to be committed and that is to be re2 tained or disseminated for law enforcement pur3 poses.’’. 

4 (2) PEN REGISTERS AND TRAP AND TRACE DE5 VICES.—Section 402 of the Foreign Intelligence Sur6 veillance Act of 1978 (50 U.S.C. 1842) is amend7 ed— 

8 (A) in subsection (d)— 

9 (i) in paragraph (1), by inserting ‘‘, 

10 and that the proposed minimization proce11 dures meet the definition of minimization 

12 procedures under this title’’ before the pe13 riod at the end; and 

14 (ii) in paragraph (2)(B)— 

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

16 ‘‘and’’ after the semicolon; and 

17 (II) by adding at the end the fol18 lowing: 

19 ‘‘(iv) the minimization procedures be 

20 followed; and’’; and 

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

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

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

24 and trace device is approved under an order or an exten25 sion under this section, the judge may assess compliance 

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1 with the minimization procedures by reviewing the cir2 cumstances under which information concerning United 

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

4 (3) EMERGENCIES.—Section 403 of the For5 eign Intelligence Surveillance Act of 1978 (50 

6 U.S.C. 1843), as amended by section 102(a), is fur7 ther amended— 

8 (A) by redesignating subsection (c) as (d); 

9 and 

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

11 following: 

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

14 trace device under this section, the Attorney General shall 

15 require that minimization procedures required by this title 

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

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

18 of the Foreign Intelligence Surveillance Act of 1978 

19 (50 U.S.C. 1845(a)(1)) is amended by striking the 

20 period at the end and inserting ‘‘and the minimiza21 tion procedures required under the order approving 

22 such pen register or trap and trace device.’’. 

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1 TITLE III—PROCEDURES FOR 

2 TARGETING CERTAIN PER3 SONS OUTSIDE THE UNITED 

4 STATES OTHER THAN UNITED 

5 STATES PERSONS 

6 SEC. 301. CLARIFICATION ON PROHIBITION ON SEARCHING 

7 OF COLLECTIONS OF COMMUNICATIONS TO 

8 CONDUCT WARRANTLESS SEARCHES FOR 

9 THE COMMUNICATIONS OF UNITED STATES 

10 PERSONS. 

11 Section 702(b) of the Foreign Intelligence Surveil12 lance Act of 1978 (50 U.S.C. 1881a(b)) is amended— 

13 (1) by redesignating paragraphs (1) through 

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

15 and indenting such subparagraphs, as so redesig16 nated, an additional two ems from the left margin; 

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

18 the following: 

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

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

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 of this Act, or under title 

16 18, United States Code, for the effective 

17 period of that 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 NOT CON3 CERNING TERRORISM UNDER FISA AMEND4 MENTS ACT. 

5 (a) IN GENERAL.—Section 702 of the Foreign Intel6 ligence Surveillance Act of 1978 (50 U.S.C. 1881a) is 

7 amended— 

8 (1) in subsection (d)(1)— 

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

10 ‘‘and’’ at the end; 

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

12 period at the end and inserting ‘‘; and’’; and 

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

14 subparagraph: 

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

16 of any communication to communications to 

17 which any party is a target of the acquisition 

18 or communications that refer to the target of 

19 the acquisition, if such communications are ac20 quired to protect against international ter21 rorism.’’; and 

22 (2) in subsection (i)(2)(B)— 

23 (A) in clause (i), by striking ‘‘and’’ at the 

24 end; 

25 (B) in clause (ii), by striking the period at 

26 the end and inserting ‘‘; and’’; and 

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

2 clause: 

3 ‘‘(iii) limit the acquisition of the con4 tents of any communication to communica5 tions to which any party is a target of the 

6 acquisition or communications that refer to 

7 the target of the acquisition, if such com8 munications are acquired to protect 

9 against international terrorism.’’. 

10 (b) CONFORMING AMENDMENT.—Section 701(a) of 

11 the Foreign Intelligence Surveillance Act of 1978 (50 

12 U.S.C. 1881(a)) is amended by inserting ‘‘ ‘international 

13 terrorism’,’’ after ‘‘ ‘foreign power’,’’. 

14 SEC. 303. PROHIBITION ON REVERSE TARGETING UNDER 

15 FISA AMENDMENTS ACT. 

16 Section 702 of the Foreign Intelligence Surveillance 

17 Act of 1978 (50 U.S.C. 1881a), as amended by sections 

18 301 and 302 of this Act, is further amended— 

19 (1) in paragraph (1)(B) of subsection (b), as 

20 redesignated by section 301, by striking ‘‘the pur21 pose’’ and inserting ‘‘a significant purpose’’; 

22 (2) in subsection (d)(1)(A)— 

23 (A) by striking ‘‘ensure that’’ and insert24 ing the following: ‘‘ensure— 

25 ‘‘(i) that’’; and 

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

2 ‘‘(ii) that an application is filed under 

3 title I, if otherwise required, when a sig4 nificant purpose of an acquisition author5 ized under subsection (a) is to acquire the 

6 communications of a particular, known 

7 person reasonably believed to be located in 

8 the United States; and’’; 

9 (3) in subsection (g)(2)(A)(i)(I)— 

10 (A) by striking ‘‘ensure that’’ and insert11 ing the following: ‘‘ensure— 

12 ‘‘(aa) that’’; and 

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

14 ‘‘(bb) that an application is 

15 filed under title I, if otherwise re16 quired, when a significant pur17 pose of an acquisition authorized 

18 under subsection (a) is to acquire 

19 the communications of a par20 ticular, known person reasonably 

21 believed to be located in the 

22 United States; and’’; and 

23 (4) in subsection (i)(2)(B)(i)— 

24 (A) by striking ‘‘ensure that’’ and insert25 ing the following: ‘‘ensure— 

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1 ‘‘(I) that’’; and 

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

3 ‘‘(II) that an application is filed 

4 under title I, if otherwise required, 

5 when a significant purpose of an ac6 quisition authorized under subsection 

7 (a) is to acquire the communications 

8 of a particular, known person reason9 ably believed to be located in the 

10 United States; and’’. 

11 SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED IN12 FORMATION UNDER FISA AMENDMENTS ACT. 

13 Section 702(i)(3) of the Foreign Intelligence Surveil14 lance Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by 

15 striking subparagraph (B) and inserting the following: 

16 ‘‘(B) CORRECTION OF DEFICIENCIES.— 

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

18 that a certification required by subsection 

19 (g) does not contain all of the required ele20 ments, or that the procedures required by 

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

22 with the requirements of those subsections 

23 or the fourth amendment to the Constitu24 tion of the United States, the Court shall 

25 issue an order directing the Government 

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

2 extent required by the order of the 

3 Court— 

4 ‘‘(I) correct any deficiency identi5 fied by the order of the Court not 

6 later than 30 days after the date on 

7 which the Court issues the order; or 

8 ‘‘(II) cease, or not begin, the im9 plementation of the authorization for 

10 which such certification was sub11 mitted. 

12 ‘‘(ii) LIMITATION ON USE OF INFOR13 MATION.— 

14 ‘‘(I) IN GENERAL.—Except as 

15 provided in subclause (II), no infor16 mation obtained or evidence derived 

17 from an acquisition pursuant to a cer18 tification or targeting or minimization 

19 procedures subject to an order under 

20 clause (i) concerning any United 

21 States person shall be received in evi22 dence or otherwise disclosed in any 

23 trial, hearing, or other proceeding in 

24 or before any court, grand jury, de25 partment, office, agency, regulatory 

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1 body, legislative committee, or other 

2 authority of the United States, a 

3 State, or political subdivision thereof, 

4 and no information concerning any 

5 United States person acquired from 

6 the acquisition shall subsequently be 

7 used or disclosed in any other manner 

8 by Federal officers or employees with9 out the consent of the United States 

10 person, except with the approval of 

11 the Attorney General if the informa12 tion indicates a threat of death or se13 rious bodily harm to any person. 

14 ‘‘(II) EXCEPTION.—If the Gov15 ernment corrects any deficiency iden16 tified by the order of the Court under 

17 clause (i), the Court may permit the 

18 use or disclosure of information ac19 quired before the date of the correc20 tion under such minimization proce21 dures as the Court shall establish for 

22 purposes of this clause.’’. 

23 SEC. 305. CHALLENGES TO GOVERNMENT SURVEILLANCE. 

24 Section 702 of the Foreign Intelligence Surveillance 

25 Act of 1978 (50 U.S.C. 1881a), as amended by this title, 

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1 is further amended by adding at the end the following new 

2 subsection: 

3 ‘‘(m) CHALLENGES TO GOVERNMENT SURVEIL4 LANCE.— 

5 ‘‘(1) INJURY IN FACT.—In any claim in a civil 

6 action brought in a court of the United States relat7 ing to surveillance conducted under this section, the 

8 person asserting the claim has suffered an injury in 

9 fact if the person— 

10 ‘‘(A) has a reasonable basis to believe that 

11 the person’s communications will be acquired 

12 under this section; and 

13 ‘‘(B) has taken objectively reasonable steps 

14 to avoid surveillance under this section. 

15 ‘‘(2) REASONABLE BASIS.—A person shall be 

16 presumed to have demonstrated a reasonable basis 

17 to believe that the communications of the person will 

18 be acquired under this section if the profession of 

19 the person requires the person regularly to commu20 nicate foreign intelligence information with persons 

21 who— 

22 ‘‘(A) are not United States persons; and 

23 ‘‘(B) are located outside the United States. 

24 ‘‘(3) OBJECTIVE STEPS.—A person shall be pre25 sumed to have taken objectively reasonable steps to 

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1 avoid surveillance under this section if the person 

2 demonstrates that the steps were taken in reason3 able response to rules of professional conduct or 

4 analogous professional rules.’’. 

5 TITLE IV—FOREIGN INTEL6 LIGENCE SURVEILLANCE 

7 COURT REFORMS 

8 SEC. 401. DEFINITIONS. 

9 In this title: 

10 (1) CONSTITUTIONAL ADVOCATE.—The term 

11 ‘‘Constitutional Advocate’’ means the Constitutional 

12 Advocate appointed under section 402(b). 

13 (2) DECISION.—The term ‘‘decision’’ means a 

14 decision, order, or opinion issued by the FISA Court 

15 or the FISA Court of Review. 

16 (3) FISA.—The term ‘‘FISA’’ means the For17 eign Intelligence Surveillance Act of 1978 (50 

18 U.S.C. 1801 et seq.). 

19 (4) FISA COURT.—The term ‘‘FISA Court’’ 

20 means the court established under section 103(a) of 

21 FISA (50 U.S.C. 1803(a)). 

22 (5) FISA COURT OF REVIEW.—The term 

23 ‘‘FISA Court of Review’’ means the court of review 

24 established under section 103(b) of FISA (50 U.S.C. 

25 1803(b)). 

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1 (6) OFFICE.—The term ‘‘Office’’ means the Of2 fice of the Constitutional Advocate established under 

3 section 402(a). 

4 (7) PETITION REVIEW POOL.—The term ‘‘peti5 tion review pool’’ means the petition review pool es6 tablished by section 103(e) of FISA (50 U.S.C. 

7 1803(e)) or any member of that pool. 

8 (8) SIGNIFICANT CONSTRUCTION OR INTERPRE9 TATION OF LAW.—The term ‘‘significant construc10 tion or interpretation of law’’ means a significant 

11 construction or interpretation of a provision, as that 

12 term is construed under section 601(c) of FISA (50 

13 U.S.C. 1871(c)). 

14 SEC. 402. OFFICE OF THE CONSTITUTIONAL ADVOCATE. 

15 (a) ESTABLISHMENT.—There is established within 

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

17 Constitutional Advocate. 

18 (b) CONSTITUTIONAL ADVOCATE.— 

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

20 Constitutional Advocate. 

21 (2) APPOINTMENT AND TERM.— 

22 (A) APPOINTMENT.—The Chief Justice of 

23 the United States shall appoint the Constitu24 tional Advocate from the list of candidates sub25 mitted under subparagraph (B). 

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1 (B) CANDIDATES.— 

2 (i) LIST OF CANDIDATES.—The Pri3 vacy and Civil Liberties Oversight Board 

4 shall submit to the Chief Justice a list of 

5 not less than 5 qualified candidates to 

6 serve as a Constitutional Advocate. 

7 (ii) SELECTION OF CANDIDATES.—In 

8 preparing a list described in clause (i), the 

9 Privacy and Civil Liberties Oversight 

10 Board shall select candidates the Board 

11 believes will be zealous and effective advo12 cates in defense of civil liberties and con13 sider each potential candidate’s— 

14 (I) litigation and other profes15 sional experience; 

16 (II) experience with the areas of 

17 law the Constitutional Advocate is 

18 likely to encounter in the course of 

19 the Advocate’s duties; and 

20 (III) demonstrated commitment 

21 to civil liberties. 

22 (C) SECURITY CLEARANCE.—An individual 

23 may be appointed Constitutional Advocate with24 out regard to whether the individual possesses 

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1 a security clearance on the date of the appoint2 ment. 

3 (D) TERM AND DISMISSAL.—A Constitu4 tional Advocate shall be appointed for a term of 

5 3 years and may be fired only for good cause 

6 shown, including the demonstrated inability to 

7 qualify for an adequate security clearance. 

8 (E) REAPPOINTMENT.—There shall be no 

9 limit to the number of consecutive terms served 

10 by a Constitutional Advocate. The reappoint11 ment of a Constitutional Advocate shall be 

12 made in the same manner as appointment of a 

13 Constitutional Advocate. 

14 (F) ACTING CONSTITUTIONAL ADVO15 CATE.—If the position of Constitutional Advo16 cate is vacant, the Chief Justice may appoint 

17 an Acting Constitutional Advocate from among 

18 the qualified employees of the Office. If there 

19 are no such qualified employees, the Chief Jus20 tice may appoint an Acting Constitutional Ad21 vocate from the most recent list of candidates 

22 provided by the Privacy and Civil Liberties 

23 Oversight Board pursuant to subparagraph (B). 

24 The Acting Constitutional Advocate shall have 

25 all of the powers of a Constitutional Advocate 

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1 and shall serve until a Constitutional Advocate 

2 is appointed. 

3 (3) EMPLOYEES.—The Constitutional Advocate 

4 is authorized, without regard to the civil service laws 

5 and regulations, to appoint and terminate employees 

6 of the Office. 

7 (c) SECURITY CLEARANCES.—The appropriate de8 partments, agencies, and elements of the executive branch 

9 shall cooperate with the Office, to the extent possible 

10 under existing procedures and requirements, to expedi11 tiously provide the Constitutional Advocate and appro12 priate employees of the Office with the security clearances 

13 necessary to carry out the duties of the Constitutional Ad14 vocate. 

15 (d) DUTIES AND AUTHORITIES OF THE CONSTITU16 TIONAL ADVOCATE.— 

17 (1) IN GENERAL.—The Constitutional Advo18 cate— 

19 (A) shall review each application to the 

20 FISA Court by the Attorney General; 

21 (B) shall review each decision of the FISA 

22 Court, the petition review pool, or the FISA 

23 Court of Review issued after the date of the en24 actment of this Act and all documents and 

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1 other material relevant to such decision in a 

2 complete, unredacted form; 

3 (C) may participate in a proceeding before 

4 the petition review pool if such participation is 

5 requested by a party in such a proceeding or by 

6 the petition review pool; 

7 (D) shall consider any request from a pro8 vider who has been served with an order, certifi9 cation, or directive compelling the provider to 

10 provide assistance to the Government or to re11 lease customer information to assist that pro12 vider in a proceeding before the FISA Court or 

13 the petition review pool, including a request— 

14 (i) to oppose the Government on be15 half of the private party in such a pro16 ceeding; or 

17 (ii) to provide guidance to the private 

18 party if the private party is considering 

19 compliance with an order of the FISA 

20 Court; 

21 (E) shall participate in a proceeding before 

22 the FISA Court if appointed to participate by 

23 the FISA Court under section 403(a) and may 

24 participate in a proceeding before the petition 

25 review pool if authorized under section 404(a); 

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1 (F) may request to participate in a pro2 ceeding before the FISA Court or the petition 

3 review pool; 

4 (G) shall participate in such a proceeding 

5 if such request is granted; 

6 (H) may request reconsideration of a deci7 sion of the FISA Court under section 403(b); 

8 (I) may appeal or seek review of a decision 

9 of the FISA Court, the petition review pool, or 

10 the FISA Court of Review, as permitted by this 

11 title; and 

12 (J) shall participate in such appeal or re13 view. 

14 (2) ADVOCACY.—The Constitutional Advocate 

15 shall protect individual rights by vigorously advo16 cating before the FISA Court, the petition review 

17 pool, or the FISA Court of Review, as appropriate, 

18 in support of legal interpretations that minimize the 

19 scope of surveillance and the extent of data collec20 tion and retention. 

21 (3) UTILIZATION OF OUTSIDE COUNSEL.—The 

22 Constitutional Advocate— 

23 (A) may delegate to a competent outside 

24 counsel any duty or responsibility of the Con25 stitutional Advocate with respect to participamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion in a matter before the FISA Court, the 

2 FISA Court of Review, or the Supreme Court 

3 of the United States; and 

4 (B) may not delegate to outside counsel 

5 any duty or authority set out in subparagraph 

6 (A), (B), (D), (F), (H), or (I) of paragraph (1). 

7 (4) AVAILABILITY OF DOCUMENTS AND MATE8 RIAL.—The FISA Court, the petition review pool, or 

9 the FISA Court of Review, as appropriate, shall 

10 order any agency, department, or entity to make 

11 available to the Constitutional Advocate, or appro12 priate outside counsel if utilized by the Constitu13 tional Advocate under paragraph (3), any documents 

14 or other material necessary to carry out the duties 

15 described in paragraph (1). 

16 SEC. 403. ADVOCACY BEFORE THE FISA COURT. 

17 (a) APPOINTMENT TO PARTICIPATE.— 

18 (1) IN GENERAL.—The FISA Court may ap19 point the Constitutional Advocate to participate in a 

20 FISA Court proceeding. 

21 (2) STANDING.—If the Constitutional Advocate 

22 is appointed to participate in a FISA Court pro23 ceeding pursuant to paragraph (1), the Constitu24 tional Advocate shall have standing as a party before 

25 the FISA Court in that proceeding. 

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1 (b) RECONSIDERATION OF A FISA COURT DECI2 SION.— 

3 (1) AUTHORITY TO MOVE FOR RECONSIDER4 ATION.—The Constitutional Advocate may move the 

5 FISA Court to reconsider any decision of the FISA 

6 Court made after the date of the enactment of this 

7 Act by petitioning the FISA Court not later than 30 

8 days after the date on which all documents and ma9 terials relevant to the decision are made available to 

10 the Constitutional Advocate. 

11 (2) DISCRETION OF THE FISA COURT.—The 

12 FISA Court shall have discretion to grant or deny 

13 a motion for reconsideration made pursuant to para14 graph (1). 

15 (c) AMICUS CURIAE PARTICIPATION.— 

16 (1) MOTION BY THE CONSTITUTIONAL ADVO17 CATE.—The Constitutional Advocate may file a mo18 tion with the FISA Court to permit and facilitate 

19 participation of amicus curiae, including participa20 tion in oral argument if appropriate, in any pro21 ceeding. The FISA Court shall have the discretion 

22 to grant or deny such a motion. 

23 (2) FACILITATION BY THE FISA COURT.—The 

24 FISA Court may, sua sponte, permit and facilitate 

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1 tion in oral argument if appropriate, in proceedings 

2 before the FISA Court. 

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

4 after the date of the enactment of this Act, the 

5 FISA Court shall promulgate rules to provide the 

6 public with information sufficient to allow interested 

7 parties to participate as amicus curiae. 

8 SEC. 404. ADVOCACY BEFORE THE PETITION REVIEW POOL. 

9 (a) AUTHORITY TO PARTICIPATE.—The petition re10 view pool or any party to a proceeding before the petition 

11 review pool may authorize the Constitutional Advocate to 

12 participate in a petition review pool proceeding. 

13 (b) RECONSIDERATION OF A PETITION REVIEW

14 POOL DECISION.— 

15 (1) AUTHORITY TO MOVE FOR RECONSIDER16 ATION.—The Constitutional Advocate may move the 

17 petition review pool to reconsider any decision of the 

18 petition review pool made after the date of the en19 actment of this Act by petitioning the petition review 

20 pool not later than 30 days after the date on which 

21 all documents and materials relevant to the decision 

22 are made available to the Constitutional Advocate. 

23 (2) DISCRETION OF THE PETITION REVIEW

24 POOL.—The petition review pool shall have discremstockstill on DSK4VPTVN1PROD with BILLS

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1 tion to grant or deny a motion for reconsideration 

2 made pursuant to paragraph (1). 

3 (c) AMICUS CURIAE PARTICIPATION.— 

4 (1) MOTION BY THE CONSTITUTIONAL ADVO5 CATE.—The Constitutional Advocate may file a mo6 tion with the petition review pool to permit and fa7 cilitate participation of amicus curiae, including par8 ticipation in oral argument if appropriate, in any 

9 proceeding. The petition review pool shall have the 

10 discretion to grant or deny such a motion. 

11 (2) FACILITATION BY THE FISA COURT.—The 

12 petition review pool may, sua sponte, permit and fa13 cilitate participation by amicus curiae, including par14 ticipation in oral argument if appropriate, in pro15 ceedings before the petition review pool. 

16 (3) REGULATIONS.—Not later than 180 days 

17 after the date of the enactment of this Act, the peti18 tion review pool shall promulgate rules to provide 

19 the public with information sufficient to allow inter20 ested parties to participate as amicus curiae. 

21 SEC. 405. APPELLATE REVIEW. 

22 (a) APPEAL OF FISA COURT DECISIONS.— 

23 (1) AUTHORITY TO APPEAL.—The Constitu24 tional Advocate may appeal any decision of the 

25 FISA Court or the petition review pool issued after 

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1 the date of the enactment of this Act not later than 

2 90 days after the date the decision is issued, unless 

3 it would be apparent to all reasonable jurists that 

4 such decision is dictated by statute or by precedent 

5 handed down after such date of enactment. 

6 (2) STANDING AS APPELLANT.—If the Con7 stitutional Advocate appeals a decision of the FISA 

8 Court or the petition review pool pursuant to para9 graph (1), the Constitutional Advocate shall have 

10 standing as a party before the FISA Court of Re11 view in such appeal. 

12 (3) MANDATORY REVIEW.—The FISA Court of 

13 Review shall review any FISA Court or petition re14 view pool decision appealed by the Constitutional 

15 Advocate and issue a decision in such appeal. 

16 (4) STANDARD OF REVIEW.—The standards for 

17 a mandatory review of a FISA Court or petition re18 view pool decision pursuant to paragraph (3) shall 

19 be— 

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

21 and 

22 (B) clearly erroneous with respect to deter23 mination of facts. 

24 (5) AMICUS CURIAE PARTICIPATION.— 

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1 (A) IN GENERAL.—The FISA Court of Re2 view shall accept amicus curiae briefs from in3 terested parties in all mandatory reviews pursu4 ant to paragraph (3) and shall provide for ami5 cus curiae participation in oral argument if ap6 propriate. 

7 (B) REGULATIONS.—Not later than 180 

8 days after the date of the enactment of this 

9 Act, the FISA Court of Review shall promul10 gate rules to provide the public with informa11 tion sufficient to allow interested parties to par12 ticipate as amicus curiae. 

13 (b) REVIEW OF FISA COURT OF REVIEW DECI14 SIONS.— 

15 (1) AUTHORITY.—The Constitutional Advocate 

16 may seek a writ of certiorari from the Supreme 

17 Court of the United States for review of any decision 

18 of the FISA Court of Review. 

19 (2) STANDING.—In any proceedings before the 

20 Supreme Court of the United States relating to a 

21 petition of certiorari filed under paragraph (1) and 

22 any proceedings in a matter for which certiorari is 

23 granted, the Constitutional Advocate shall have 

24 standing as a party. 

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1 SEC. 406. DISCLOSURE. 

2 (a) REQUIREMENT TO DISCLOSE.—The Attorney 

3 General shall publicly disclose— 

4 (1) all decisions issued by the FISA Court, the 

5 petition review pool, or the FISA Court of Review 

6 after July 10, 2003, that include a significant con7 struction or interpretation of law; 

8 (2) any decision of the FISA Court or the peti9 tion review pool appealed by the Constitutional Ad10 vocate pursuant to this title; and 

11 (3) any FISA Court of Review decision that is 

12 issued after an appeal by the Constitutional Advo13 cate. 

14 (b) DISCLOSURE DESCRIBED.—For each disclosure 

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

16 Attorney General shall make available to the public docu17 ments sufficient— 

18 (1) to identify with particularity each legal 

19 question addressed by the decision and how such 

20 question was resolved; 

21 (2) to describe in general terms the context in 

22 which the matter arises; 

23 (3) to describe the construction or interpreta24 tion of any statute, constitutional provision, or other 

25 legal authority relied on by the decision; and 

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1 (4) to indicate whether the decision departed 

2 from any prior decision of the FISA Court, the peti3 tion review pool, or the FISA Court of Review. 

4 (c) DOCUMENTS DESCRIBED.—The Attorney General 

5 shall satisfy the disclosure requirements in subsection (b) 

6 by— 

7 (1) releasing a FISA Court, petition review 

8 pool, or FISA Court of Review decision in its en9 tirety or as redacted; 

10 (2) releasing a summary of a FISA Court, peti11 tion review pool, or FISA Court of Review decision; 

12 or 

13 (3) releasing an application made to the FISA 

14 Court, a petition made to the petition review pool, 

15 briefs filed before the FISA Court, the petition re16 view pool, or the FISA Court of Review, or other 

17 materials, in full or as redacted. 

18 (d) EXTENSIVE DISCLOSURE.—The Attorney Gen19 eral shall release as much information regarding the facts 

20 and analysis contained in a decision described in sub21 section (a) or documents described in subsection (c) as is 

22 consistent with legitimate national security concerns. 

23 (e) TIMING OF DISCLOSURE.— 

24 (1) DECISIONS ISSUED PRIOR TO ENACT25 MENT.—A decision issued prior to the date of the 

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1 enactment of this Act that is required to be disclosed 

2 under subsection (a)(1) shall be disclosed not later 

3 than 180 days after the date of the enactment of 

4 this Act. 

5 (2) FISA COURT AND PETITION REVIEW POOL

6 DECISIONS.—The Attorney General shall release 

7 FISA Court or petition review pool decisions ap8 pealed by the Constitutional Advocate not later than 

9 30 days after the date the appeal is filed. 

10 (3) FISA COURT OF REVIEW DECISIONS.—The 

11 Attorney General shall release FISA Court of Re12 view decisions appealed by the Constitutional Advo13 cate not later than 90 days after the date the appeal 

14 is filed. 

15 (f) PETITION BY THE CONSTITUTIONAL ADVO16 CATE.— 

17 (1) AUTHORITY TO PETITION.—The Constitu18 tional Advocate may petition the FISA Court, the 

19 petition review pool, or the FISA Court of Review to 

20 order— 

21 (A) the public disclosure of a decision of 

22 such a Court or review pool, and documents or 

23 other material relevant to such a decision, pre24 viously designated as classified information; or 

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1 (B) the release of an unclassified summary 

2 of such decisions and documents. 

3 (2) CONTENTS OF PETITION.—Each petition 

4 filed under paragraph (1) shall contain a detailed 

5 declassification proposal or a summary of the deci6 sion and documents that the Constitutional Advocate 

7 proposes to have released publicly. 

8 (3) ROLE OF THE ATTORNEY GENERAL.— 

9 (A) COPY OF PETITION.—The Constitu10 tional Advocate shall provide to the Attorney 

11 General a copy of each petition filed under 

12 paragraph (1). 

13 (B) OPPOSITION.—The Attorney General 

14 may oppose a petition filed under paragraph (1) 

15 by submitting any objections in writing to the 

16 FISA Court, the petition review pool, or the 

17 FISA Court of Review, as appropriate, not later 

18 than 90 days after the date such petition was 

19 submitted. 

20 (4) PUBLIC AVAILABILITY.—Not less than 91 

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

22 and taking into account any objections from the At23 torney General made under paragraph (3)(B), the 

24 FISA Court, the petition review pool, or the FISA 

25 Court of Review, as appropriate, shall declassify and 

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1 make readily available to the public any decision, 

2 document, or other material requested in such peti3 tion, to the greatest extent possible, consistent with 

4 legitimate national security considerations. 

5 (5) EFFECTIVE DATE.—The Constitutional Ad6 vocate may not file a petition under paragraph (1) 

7 until 181 days after the date of the enactment of 

8 this Act, except with respect to a decision appealed 

9 by the Constitutional Advocate. 

10 SEC. 407. ANNUAL REPORT TO CONGRESS. 

11 (a) REQUIREMENT FOR ANNUAL REPORT.—The 

12 Constitutional Advocate shall submit to Congress an an13 nual report on the implementation of this title. 

14 (b) CONTENTS.—Each annual report submitted 

15 under subsection (a) shall— 

16 (1) detail the activities of the Office; 

17 (2) provide an assessment of the effectiveness 

18 of this title; and 

19 (3) propose any new legislation to improve the 

20 functioning of the Office or the operation of the 

21 FISA Court, the petition review pool, or the FISA 

22 Court of Review. 

23 SEC. 408. PRESERVATION OF RIGHTS. 

24 Nothing in this title shall be construed— 

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1 (1) to provide the Attorney General with au2 thority to prevent the FISA Court, the petition re3 view pool, or the FISA Court of Review from declas4 sifying decisions or releasing information pursuant 

5 to this title; and 

6 (2) to eliminate the public’s ability to secure in7 formation under section 552 of title 5, United States 

8 Code (commonly known as the ‘‘Freedom of Infor9 mation Act’’) or any other provision of law. 

10 TITLE V—NATIONAL SECURITY 

11 LETTER REFORMS 

12 SEC. 501. NATIONAL SECURITY LETTER AUTHORITY. 

13 (a) NATIONAL SECURITY LETTER AUTHORITY FOR

14 COMMUNICATIONS SUBSCRIBER RECORDS.— 

15 (1) IN GENERAL.—Section 2709(b) of title 18, 

16 United States Code, is amended by amending para17 graphs (1) and (2) to read as follows: 

18 ‘‘(1) request the name, address, length of serv19 ice, and local and long distance toll billing records 

20 of a person or entity if the Director (or the Direc21 tor’s designee) certifies in writing to the wire or 

22 electronic communication service provider to which 

23 the request is made that— 

24 ‘‘(A) the name, address, length of service, 

25 and toll billing records sought are relevant to 

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1 an authorized investigation to protect against 

2 international terrorism or clandestine intel3 ligence activities, provided that such an inves4 tigation of a United States person is not con5 ducted solely on the basis of activities protected 

6 by the first amendment to the Constitution of 

7 the United States; and 

8 ‘‘(B) there are specific and articulable 

9 facts showing that there are reasonable grounds 

10 to believe that the name, address, length of 

11 service, and toll billing records sought— 

12 ‘‘(i) pertain to a foreign power or 

13 agent of a foreign power; 

14 ‘‘(ii) are relevant to the activities of a 

15 suspected agent of a foreign power who is 

16 the subject of such authorized investiga17 tion; or 

18 ‘‘(iii) pertain to an individual in con19 tact with, or known to, a suspected agent; 

20 and 

21 ‘‘(2) request the name, address, and length of 

22 service of a person or entity if the Director (or the 

23 Director’s designee) certifies in writing to the wire 

24 or electronic communication service provider to 

25 which the request is made that— 

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1 ‘‘(A) the information sought is relevant to 

2 an authorized investigation to protect against 

3 international terrorism or clandestine intel4 ligence activities, provided that such an inves5 tigation of a United States person is not con6 ducted solely upon the basis of activities pro7 tected by the first amendment to the Constitu8 tion of the United States; and 

9 ‘‘(B) there are specific and articulable 

10 facts showing that there are reasonable grounds 

11 to believe that the information sought pertains 

12 to— 

13 ‘‘(i) a foreign power or agent of a for14 eign power; 

15 ‘‘(ii) the activities of a suspected 

16 agent of a foreign power who is the subject 

17 of such authorized investigation; or 

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

19 known to, a suspected agent.’’. 

20 (b) NATIONAL SECURITY LETTER AUTHORITY FOR

21 CERTAIN FINANCIAL RECORDS.—Section 1114 of the 

22 Right to Financial Privacy Act of 1978 (12 U.S.C. 3414) 

23 is amended to read as follows: 

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1 ‘‘SEC. 1114. NATIONAL SECURITY LETTER FOR CERTAIN FI2 NANCIAL RECORDS. 

3 ‘‘(a) AUTHORIZATION.— 

4 ‘‘(1) IN GENERAL.—The Director of the Fed5 eral Bureau of Investigation, or a designee of the 

6 Director whose rank shall be no lower than Deputy 

7 Assistant Director at Bureau headquarters or Spe8 cial Agent in Charge in a Bureau field office, or the 

9 Director of the United States Secret Service may 

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

11 institution, a National Security Letter requiring the 

12 production of— 

13 ‘‘(A) the name of a customer of the finan14 cial institution; 

15 ‘‘(B) the address of a customer of the fi16 nancial institution; 

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

18 person has been, or was, a customer of the fi19 nancial institution (including the start date) 

20 and the type of service provided by the institu21 tion to the customer; and 

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

23 identifier associated with a customer of the fi24 nancial institution. 

25 ‘‘(2) LIMITATION.—A National Security Letter 

26 issued under this subsection may not require the 

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1 production of records or information not listed in 

2 paragraph (1). 

3 ‘‘(b) NATIONAL SECURITY LETTER REQUIRE4 MENTS.— 

5 ‘‘(1) IN GENERAL.—A National Security Letter 

6 issued under subsection (a) shall— 

7 ‘‘(A) be subject to the requirements of sub8 sections (b) through (f) of section 2709 of title 

9 18, United States Code, in the same manner 

10 and to the same extent as those provisions 

11 apply with respect to a request under section 

12 2709(b) of title 18, United States Code, to a 

13 wire or electronic communication service pro14 vider; 

15 ‘‘(B)(i) in the case of a National Security 

16 Letter issued by the Director of the Federal 

17 Bureau of Investigation or the Director’s des18 ignee, include a statement of facts showing that 

19 there are reasonable grounds to believe that the 

20 records or other things sought— 

21 ‘‘(I) are relevant to an authorized in22 vestigation (other than a threat assess23 ment) to obtain foreign intelligence infor24 mation not concerning a United States 

25 person or to protect against international 

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•S 1551 IS

1 terrorism or clandestine intelligence activi2 ties; and 

3 ‘‘(II) pertain to— 

4 ‘‘(aa) a foreign power or an 

5 agent of a foreign power; 

6 ‘‘(bb) the activities of a suspected 

7 agent of a foreign power who is the 

8 subject of such authorized investiga9 tion; or 

10 ‘‘(cc) an individual in contact 

11 with, or known to, a suspected agent 

12 of a foreign power; and 

13 ‘‘(ii) in the case of a National Security 

14 Letter issued by the Director of the United 

15 States Secret Service, include a statement of 

16 facts showing that there are reasonable grounds 

17 to believe that the records or other things 

18 sought are relevant to the conduct of the pro19 tective functions of the United States Secret 

20 Service. 

21 ‘‘(2) REPORTING.—On a semiannual basis the 

22 Director of the Federal Bureau of Investigation and 

23 the Director of the United States Secret Service 

24 shall fully inform the Select Committee on Intel25 ligence, the Committee on the Judiciary, and the 

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1 Committee on Banking, Housing, and Urban Affairs 

2 of the Senate and the Permanent Select Committee 

3 on Intelligence, the Committee on the Judiciary, and 

4 the Committee on Financial Services of the House of 

5 Representatives, concerning all requests made under 

6 subsection (a). 

7 ‘‘(3) DEFINITIONS.—For purposes of this sub8 section, the terms ‘agent of a foreign power’, ‘inter9 national terrorism’, ‘foreign intelligence informa10 tion’, and ‘United States person’ have the same 

11 meanings as in section 101 of the Foreign Intel12 ligence Surveillance Act of 1978 (50 U.S.C. 1801). 

13 ‘‘(c) DEFINITION OF ‘FINANCIAL INSTITUTION’.— 

14 For purposes of this section (and sections 1115 and 1117, 

15 insofar as the sections relate to the operation of this sec16 tion), the term ‘financial institution’ has the same mean17 ing as in subsections (a)(2) and (c)(1) of section 5312 of 

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

19 include only a financial institution any part of which is 

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

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

22 Samoa, the Commonwealth of the Northern Mariana Is23 lands, or the United States Virgin Islands.’’. 

24 (c) NATIONAL SECURITY LETTER AUTHORITY FOR

25 CERTAIN CONSUMER REPORT RECORDS.— 

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

2 Credit Reporting Act (15 U.S.C. 1681u) is amend3 ed— 

4 (A) by striking the section heading and in5 serting the following: 

6 ‘‘§ 626. National Security Letters for certain con7 sumer report records’’; 

8 (B) by striking subsections (a) through (d) 

9 and inserting the following: 

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 con17 sumer reporting agency a National Security Letter 

18 requiring the production of— 

19 ‘‘(A) the name of a consumer; 

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

21 consumer; 

22 ‘‘(C) the current and former places of em23 ployment of a consumer; and 

24 ‘‘(D) the name and address of any finan25 cial institution (as that term is defined in secmstockstill on DSK4VPTVN1PROD with BILLS

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•S 1551 IS

1 tion 1101 of the Right to Financial Privacy Act 

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

3 maintains or has maintained an account, to the 

4 extent that the information is in the files of the 

5 consumer reporting agency. 

6 ‘‘(2) LIMITATION.—A National Security Letter 

7 issued under this subsection may not require the 

8 production of a consumer report. 

9 ‘‘(b) NATIONAL SECURITY LETTER REQUIRE10 MENTS.— 

11 ‘‘(1) IN GENERAL.—A National Security Letter 

12 issued under subsection (a) shall— 

13 ‘‘(A) be subject to the requirements of sub14 sections (b) through (f) of section 2709 of title 

15 18, United States Code, in the same manner 

16 and to the same extent as those provisions 

17 apply with respect to a request under section 

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

19 wire or electronic communication service pro20 vider; and 

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

22 that there are reasonable grounds to believe 

23 that the records or other things sought— 

24 ‘‘(i) are relevant to an authorized in25 vestigation (other than a threat assessmstockstill on DSK4VPTVN1PROD with BILLS

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•S 1551 IS

1 ment) to obtain foreign intelligence infor2 mation not concerning a United States 

3 person or to protect against international 

4 terrorism or clandestine intelligence activi5 ties; and 

6 ‘‘(ii) pertain to— 

7 ‘‘(I) a foreign power or an agent 

8 of a foreign power; 

9 ‘‘(II) the activities of a suspected 

10 agent of a foreign power who is the 

11 subject of such authorized investiga12 tion; or 

13 ‘‘(III) an individual in contact 

14 with, or known to, a suspected agent 

15 of a foreign power. 

16 ‘‘(2) REPORTING.—On a semiannual basis the 

17 Director of the Federal Bureau of Investigation shall 

18 fully inform the Select Committee on Intelligence, 

19 the Committee on the Judiciary, and the Committee 

20 on Banking, Housing, and Urban Affairs of the Sen21 ate and the Permanent Select Committee on Intel22 ligence, the Committee on the Judiciary, and the 

23 Committee on Financial Services of the House of 

24 Representatives, concerning all requests made under 

25 subsection (a). 

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1 ‘‘(3) DEFINITIONS.—For purposes of this sub2 section, the terms ‘agent of a foreign power’, ‘inter3 national terrorism’, ‘foreign intelligence informa4 tion’, and ‘United States person’ have the same 

5 meanings as in section 101 of the Foreign Intel6 ligence Surveillance Act of 1978 (50 U.S.C. 1801).’’; 

7 (C) by striking subsections (f) through (h); 

8 and 

9 (D) by redesignating subsections (e) and 

10 (i) through (m) as subsections (c) through (h), 

11 respectively. 

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

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

14 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

15 (1) TABLE OF SECTIONS AMENDMENT.—The 

16 table of sections for the Fair Credit Reporting Act 

17 (15 U.S.C. 1681 et seq.) is amended by striking the 

18 items relating to sections 626 and 627 and inserting 

19 the following: 

‘‘626. National Security Letters for certain consumer report records. 

‘‘627. [Repealed].’’. 

20 (2) CONFORMING AMENDMENTS.— 

21 (A) NOTICE REQUIREMENTS.—Section 

22 1109 of the Right to Financial Privacy Act of 

23 1978 (12 U.S.C. 3409) is amended by striking 

24 subsection (c). 

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•S 1551 IS

1 (B) TITLE 18, UNITED STATES CODE.— 

2 Title 18, United States Code, is amended— 

3 (i) in section 1510(e), by striking 

4 ‘‘section 626(d)(1) or 627(c)(1) of the Fair 

5 Credit Reporting Act (15 U.S.C. 

6 1681u(d)(1) or 1681v(c)(1)), section 

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

8 Right to Financial Privacy Act (12 U.S.C. 

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

10 inserting ‘‘section 626 of the Fair Credit 

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

12 1114 of the Right to Financial Privacy Act 

13 of 1978 (12 U.S.C. 3414),’’; and 

14 (ii) in section 3511— 

15 (I) by striking ‘‘section 

16 1114(a)(5)(A) of the Right to Finan17 cial Privacy Act,’’ each place that 

18 term appears and inserting ‘‘section 

19 1114 of the Right to Financial Pri20 vacy Act of 1978 (12 U.S.C. 3414),’’; 

21 and 

22 (II) by striking ‘‘or section 

23 627(a)’’ each place that term appears. 

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1 (C) NATIONAL SECURITY ACT OF 1947.— 

2 Section 507(b) of the National Security Act of 

3 1947 (50 U.S.C. 3106(b)) is amended— 

4 (i) in paragraph (2), by striking ‘‘sec5 tion 626(h)(2) of the Fair Credit Report6 ing Act (15 U.S.C. 1681u(h)(2)).’’ and in7 serting ‘‘section 626(b)(2) of the Fair 

8 Credit Reporting Act (15 U.S.C. 

9 1681u(b)(2)).’’; and 

10 (ii) in paragraph (3), by striking ‘‘sec11 tion 1114(a)(5)(C) of the Right to Finan12 cial Privacy Act of 1978 (12 U.S.C. 

13 3414(a)(5)(C)).’’ and inserting ‘‘section 

14 1114(b)(2) of the Right to Financial Pri15 vacy Act of 1978 (12 U.S.C. 

16 3414(b)(2)).’’. 

17 (D) USA PATRIOT ACT.— 

18 (i) SECTION 118.—Section 118 of the 

19 USA PATRIOT Improvement and Reau20 thorization Act of 2005 (Public Law 109– 

21 177; 18 U.S.C. 3511 note) is amended— 

22 (I) in subsection (c)(1)— 

23 (aa) in subparagraph (C), by 

24 inserting ‘‘and’’ at the end; 

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1 (bb) in subparagraph (D), 

2 by striking ‘‘; and’’ and inserting 

3 a period; and 

4 (cc) by striking subpara5 graph (E); and 

6 (II) in subsection (d)— 

7 (aa) in paragraph (2), by 

8 striking ‘‘Section 1114(a)(5)(A) 

9 of the Right to Financial Privacy 

10 Act (12 U.S.C. 3414(a)(5)(A))’’ 

11 and inserting ‘‘Section 1114 of 

12 the Right to Financial Privacy 

13 Act of 1978 (12 U.S.C. 3414)’’; 

14 and 

15 (bb) by striking paragraph 

16 (5). 

17 (ii) SECTION 119.—Section 119(g) of 

18 the USA PATRIOT Improvement and Re19 authorization Act of 2005 (Public Law 

20 109–177; 120 Stat. 219) is amended— 

21 (I) in paragraph (2), by striking 

22 ‘‘Section 1114(a)(5)(A) of the Right 

23 to Financial Privacy Act (12 U.S.C. 

24 3414(a)(5)(A))’’ and inserting ‘‘Sec25 tion 1114 of the Right to Financial 

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•S 1551 IS

1 Privacy Act of 1978 (12 U.S.C. 

2 3414)’’; and 

3 (II) by striking paragraph (5). 

4 SEC. 502. PUBLIC REPORTING ON NATIONAL SECURITY 

5 LETTERS. 

6 Section 118(c) of the USA PATRIOT Improvement 

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

8 18 U.S.C. 3511 note), as amended by section 

9 501(d)(2)(D)(i), is further amended— 

10 (1) in paragraph (1)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘concerning different United 

13 States persons’’; and 

14 (B) in subparagraph (A), by striking ‘‘, ex15 cluding the number of requests for subscriber 

16 information’’; 

17 (2) by redesignating paragraph (2) as para18 graph (3); and 

19 (3) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) CONTENT.— 

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

23 subparagraph (B), each report required under 

24 this subsection shall include the total number of 

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1 requests described in paragraph (1) requiring 

2 disclosure of information concerning— 

3 ‘‘(i) United States persons; 

4 ‘‘(ii) persons who are not United 

5 States persons; 

6 ‘‘(iii) persons who are the subjects of 

7 authorized national security investigations; 

8 or 

9 ‘‘(iv) persons who are not the subjects 

10 of authorized national security investiga11 tions. 

12 ‘‘(B) EXCEPTION.—With respect to the 

13 number of requests for subscriber information 

14 under section 2709 of title 18, United States 

15 Code, a report required under this subsection 

16 need not provide information separated into 

17 each of the categories described in subpara18 graph (A).’’. 

19 TITLE VI—REPORTING FISA OR20 DERS AND NATIONAL SECU21 RITY LETTERS 

22 SEC. 601. THIRD-PARTY REPORTING OF FISA ORDERS AND 

23 NATIONAL SECURITY LETTERS. 

24 (a) IN GENERAL.—Each electronic service provider 

25 may report information to the public in accordance with 

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•S 1551 IS

1 this section about requests and demands for information 

2 made by any Government entity under a surveillance law, 

3 and is exempt in accordance with subsection (d) from li4 ability with respect to that report, even if such provider 

5 would otherwise be prohibited by a surveillance law from 

6 reporting that information. 

7 (b) PERIODIC AGGREGATE REPORTS.—An electronic 

8 service provider may report such information not more 

9 often than quarterly and only to the following extent: 

10 (1) ESTIMATE OF NUMBERS OF DEMANDS AND

11 REQUESTS MADE.—The report may reveal an esti12 mate of the number of such demands and requests 

13 made during the period to which the report pertains. 

14 (2) ESTIMATE OF NUMBERS OF DEMANDS AND

15 REQUESTS COMPLIED WITH.—The report may reveal 

16 an estimate of the numbers of such demands and re17 quests the service provider complied with during the 

18 period to which the report pertains, regardless of 

19 when the demands or requests were made. 

20 (3) ESTIMATE OF NUMBER OF USERS OR AC21 COUNTS.—The report may reveal an estimate of the 

22 numbers of users or accounts, or both, of the service 

23 provider, for which information was demanded, re24 quested, or provided during the period to which the 

25 report pertains. 

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1 (c) SPECIAL RULES FOR REPORTS.— 

2 (1) LEVEL OF DETAIL BY AUTHORIZING SUR3 VEILLANCE LAW.—Any estimate disclosed under this 

4 section may be an overall estimate or broken down 

5 by categories of authorizing surveillance laws or by 

6 provisions of authorizing surveillance laws. 

7 (2) LEVEL OF DETAIL BY NUMERICAL

8 RANGE.—Each estimate disclosed under this section 

9 shall be rounded to the nearest 100. If an estimate 

10 is zero, an electronic service provider may report the 

11 estimate as zero. 

12 (3) REPORT MAY BE BROKEN DOWN BY PERI13 ODS NOT LESS THAN CALENDAR QUARTERS.—For 

14 any reporting period, the provider may break down 

15 the report by calendar quarters or any other time 

16 periods greater than a calendar quarter. 

17 (d) LIMITATION ON LIABILITY.—An electronic serv18 ice provider making a report that the provider reasonably 

19 believes in good faith is authorized by this section is not 

20 criminally or civilly liable in any court for making that 

21 report. 

22 (e) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to prohibit disclosures other than 

24 those authorized by this section. 

25 (f) DEFINITIONS.—In this section: 

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1 (1) The term ‘‘electronic service provider’’ 

2 means a provider of an electronic communications 

3 service (as that term is defined in section 2510 of 

4 title 18, United States Code) or a provider of a re5 mote computing service (as that term is defined in 

6 section 2711 of title 18, United States Code). 

7 (2) The term ‘‘surveillance law’’ means any pro8 vision of any of the following: 

9 (A) The Foreign Intelligence Surveillance 

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

11 (B) Section 802(a) of the National Secu12 rity Act of 1947 (50 U.S.C. 3162(a)). 

13 (C) Section 2709 of title 18, United States 

14 Code. 

15 (D) Section 1114 of the Right to Financial 

16 Privacy Act of 1978 (12 U.S.C. 3414). 

17 (E) Subsections (a) or (b) of section 626 

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

19 1681u). 

20 SEC. 602. GOVERNMENT REPORTING OF FISA ORDERS. 

21 (a) ELECTRONIC SURVEILLANCE.—Section 107 of 

22 the Foreign Intelligence Surveillance Act of 1978 (50 

23 U.S.C. 1807) is amended— 

24 (1) by redesignating subsections (a) and (b) as 

25 paragraphs (1) and (2), respectively; 

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1 (2) in the matter preceding paragraph (1) (as 

2 redesignated by paragraph (1) of this subsection)— 

3 (A) by striking ‘‘In April’’ and inserting 

4 ‘‘(a) In April’’; and 

5 (B) by striking ‘‘Congress’’ and inserting 

6 ‘‘the Select Committee on Intelligence and the 

7 Committee on the Judiciary of the Senate and 

8 the Permanent Select Committee on Intelligence 

9 and the Committee on the Judiciary of the 

10 House of Representatives’’; 

11 (3) in subsection (a) (as designated by para12 graph (2) of this subsection)— 

13 (A) in paragraph (1) (as redesignated by 

14 paragraph (1) of this subsection), by striking 

15 ‘‘and’’ at the end; 

16 (B) in paragraph (2) (as so redesignated), 

17 by striking the period at the end and inserting 

18 a semicolon; and 

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

20 paragraphs: 

21 ‘‘(3) the total number of individuals who were 

22 subject to electronic surveillance conducted under an 

23 order entered under this title, rounded to the nearest 

24 100; and 

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1 ‘‘(4) the total number of United States persons 

2 who were subject to electronic surveillance conducted 

3 under an order entered under this title, rounded to 

4 the nearest 100.’’; and 

5 (4) by adding at the end the following new sub6 section: 

7 ‘‘(b)(1) Each report required under subsection (a) 

8 shall be submitted in unclassified form. 

9 ‘‘(2) Not later than 7 days after a report is submitted 

10 under subsection (a), the Attorney General shall make 

11 such report publicly available.’’. 

12 (b) PEN REGISTER AND TRAP AND TRACE DE13 VICES.—Section 406 of the Foreign Intelligence Surveil14 lance Act of 1978 (50 U.S.C. 1846) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (2), by striking ‘‘and’’ at 

17 the end; 

18 (B) in paragraph (3), by striking the pe19 riod at the end and inserting a semicolon; and 

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

21 paragraphs: 

22 ‘‘(4) a good faith estimate of the total number 

23 of individuals whose electronic or wire communica24 tions information was obtained through the use of 

25 pen register or trap and trace devices authorized 

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1 under an order entered under this title, rounded to 

2 the nearest 100; and 

3 ‘‘(5) a good faith estimate of the total number 

4 of United States persons whose electronic or wire 

5 communications information was obtained through 

6 the use of a pen register or trap and trace devices 

7 authorized under an order entered under this title, 

8 rounded to the nearest 100.’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(c)(1) Each report required under subsection (b) 

12 shall be submitted in unclassified form. 

13 ‘‘(2) Not later than 7 days after a report is submitted 

14 under subsection (b), the Attorney General shall make 

15 such report publicly available.’’. 

16 (c) ACCESS TO CERTAIN BUSINESS RECORDS.—Sec17 tion 502 of the Foreign Intelligence Surveillance Act of 

18 1978 (50 U.S.C. 1862) is amended— 

19 (1) in subsection (b)(3), by adding at the end 

20 the following new subparagraphs: 

21 ‘‘(F) Records concerning electronic com22 munications. 

23 ‘‘(G) Records concerning wire communica24 tions.’’; and 

25 (2) in subsection (c)— 

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1 (A) in paragraph (1)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘and’’ at the end; 

4 (ii) in subparagraph (B), by striking 

5 the period at the end and inserting a semi6 colon; and 

7 (iii) by adding at the end the fol8 lowing new subparagraphs: 

9 ‘‘(C) a good faith estimate of the total number 

10 of individuals whose tangible things were produced 

11 under an order entered under section 501, rounded 

12 to the nearest 100; and 

13 ‘‘(D) a good faith estimate of the total number 

14 of United States persons whose tangible things were 

15 produced under an order entered under section 501, 

16 rounded to the nearest 100.’’; and 

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

18 paragraph: 

19 ‘‘(3) Not later than 7 days after the date on which 

20 a report is submitted under paragraph (1), the Attorney 

21 General shall make such report publicly available.’’. 

22 (d) ADDITIONAL PROCEDURES REGARDING CERTAIN

23 PERSONS OUTSIDE THE UNITED STATES.—Section 707 

24 of the Foreign Intelligence Surveillance Act of 1978 (50 

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•S 1551 IS

1 U.S.C. 1881f) is amended by adding at the end the fol2 lowing new subsection: 

3 ‘‘(c) ADDITIONAL ANNUAL REPORT.— 

4 ‘‘(1) REPORT REQUIRED.—In April of each 

5 year, the Attorney General shall submit to the con6 gressional intelligence committees and the Commit7 tees on the Judiciary of the House of Representa8 tives and the Senate a report setting forth with re9 spect to the preceding year— 

10 ‘‘(A) the total number of— 

11 ‘‘(i) directives issued under section 

12 702; 

13 ‘‘(ii) orders granted under section 

14 703; and 

15 ‘‘(iii) orders granted under section 

16 704; 

17 ‘‘(B) good faith estimates of the total num18 ber of individuals, rounded to the nearest 100, 

19 whose electronic or wire communications or 

20 communications records were collected pursuant 

21 to— 

22 ‘‘(i) an order granted under section 

23 703; and 

24 ‘‘(ii) an order granted under section 

25 704; and 

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1 ‘‘(C) good faith estimates of the total num2 ber, rounded to the nearest 100, of United 

3 States persons whose electronic or wire commu4 nications or communications records were col5 lected pursuant to— 

6 ‘‘(i) an order granted under section 

7 703; and 

8 ‘‘(ii) an order granted under section 

9 704. 

10 ‘‘(2) FORM.—Each report required under para11 graph (1) shall be submitted in unclassified form. 

12 ‘‘(3) PUBLIC AVAILABILITY.—Not later than 7 

13 days after the date on which a report is submitted 

14 under paragraph (1), the Attorney General shall 

15 make such report publicly available.’’. 

16 TITLE VII—PRIVACY AND CIVIL 

17 LIBERTIES OVERSIGHT 

18 BOARD SUBPOENA AUTHOR19 ITY 

20 SEC. 701. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

21 BOARD SUBPOENA AUTHORITY. 

22 Section 1061(g) of the Intelligence Reform and Ter23 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 

24 amended— 

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1 (1) in paragraph (1)(D), by striking ‘‘submit a 

2 written request to the Attorney General of the 

3 United States that the Attorney General’’; 

4 (2) by striking paragraph (2); and 

5 (3) by redesignating paragraphs (3) and (4) as 

6 paragraphs (2) and (3). 

Æ 

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