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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3361 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 3361

_______________________________________________________________________

                                 AN ACT

 
  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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``USA FREEDOM Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 
                            1978.
                 TITLE I--FISA BUSINESS RECORDS REFORMS

Sec. 101. Additional requirements for call detail records.
Sec. 102. Emergency authority.
Sec. 103. Prohibition on bulk collection of tangible things.
Sec. 104. Judicial review of minimization procedures for the production 
                            of tangible things.
Sec. 105. Liability protection.
Sec. 106. Compensation for assistance.
Sec. 107. Definitions.
Sec. 108. Inspector general reports on business records orders.
Sec. 109. Effective date.
Sec. 110. Rule of construction.
      TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

Sec. 201. Prohibition on bulk collection.
Sec. 202. Privacy procedures.
   TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED 
                             STATES REFORMS

Sec. 301. Minimization procedures.
Sec. 302. Limits on use of unlawfully obtained information.
       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401. Appointment of amicus curiae.
Sec. 402. Declassification of decisions, orders, and opinions.
                TITLE V--NATIONAL SECURITY LETTER REFORM

Sec. 501. Prohibition on bulk collection.
         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

Sec. 601. Additional reporting on orders requiring production of 
                            business records.
Sec. 602. Business records compliance reports to Congress.
Sec. 603. Annual reports by the Government on orders entered.
Sec. 604. Public reporting by persons subject to FISA orders.
Sec. 605. Reporting requirements for decisions of the Foreign 
                            Intelligence Surveillance Court.
Sec. 606. Submission of reports under FISA.
                           TITLE VII--SUNSETS

Sec. 701. Sunsets.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

                 TITLE I--FISA BUSINESS RECORDS REFORMS

SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.

    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``a statement'' and inserting ``in the case of an 
                application other than an application described in 
                subparagraph (C) (including an application for the 
                production of call detail records other than in the 
                manner described in subparagraph (C)), a statement''; 
                and
                    (B) in clause (iii), by striking ``; and'' and 
                inserting a semicolon;
            (2) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (D), respectively; and
            (3) by inserting after subparagraph (B) (as so 
        redesignated) the following new subparagraph:
                    ``(C) in the case of an application for the 
                production on a daily basis of call detail records 
                created before, on, or after the date of the 
                application relating to an authorized investigation 
                (other than a threat assessment) conducted in 
                accordance with subsection (a)(2) to protect against 
                international terrorism, a statement of facts showing 
                that--
                            ``(i) there are reasonable grounds to 
                        believe that the call detail records sought to 
                        be produced based on the specific selection 
                        term required under subparagraph (A) are 
                        relevant to such investigation; and
                            ``(ii) there are facts giving rise to a 
                        reasonable, articulable suspicion that such 
                        specific selection term is associated with a 
                        foreign power or an agent of a foreign power; 
                        and''.
    (b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended--
            (1) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (E), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) in the case of an application described in 
                subsection (b)(2)(C), shall--
                            ``(i) authorize the production on a daily 
                        basis of call detail records for a period not 
                        to exceed 180 days;
                            ``(ii) provide that an order for such 
                        production may be extended upon application 
                        under subsection (b) and the judicial finding 
                        under paragraph (1);
                            ``(iii) provide that the Government may 
                        require the prompt production of call detail 
                        records--
                                    ``(I) using the specific selection 
                                term that satisfies the standard 
                                required under subsection (b)(2)(C)(ii) 
                                as the basis for production; and
                                    ``(II) using call detail records 
                                with a direct connection to such 
                                specific selection term as the basis 
                                for production of a second set of call 
                                detail records;
                            ``(iv) provide that, when produced, such 
                        records be in a form that will be useful to the 
                        Government;
                            ``(v) direct each person the Government 
                        directs to produce call detail records under 
                        the order to furnish the Government forthwith 
                        all information, facilities, or technical 
                        assistance necessary to accomplish the 
                        production in such a manner as will protect the 
                        secrecy of the production and produce a minimum 
                        of interference with the services that such 
                        person is providing to each subject of the 
                        production; and
                            ``(vi) direct the Government to--
                                    ``(I) adopt minimization procedures 
                                that require the prompt destruction of 
                                all call detail records produced under 
                                the order that the Government 
                                determines are not foreign intelligence 
                                information; and
                                    ``(II) destroy all call detail 
                                records produced under the order as 
                                prescribed by such procedures.''.

SEC. 102. EMERGENCY AUTHORITY.

    (a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding 
at the end the following new subsection:
    ``(i) Emergency Authority for Production of Tangible Things.--
            ``(1) Notwithstanding any other provision of this section, 
        the Attorney General may require the emergency production of 
        tangible things if the Attorney General--
                    ``(A) reasonably determines that an emergency 
                situation requires the production of tangible things 
                before an order authorizing such production can with 
                due diligence be obtained;
                    ``(B) reasonably determines that the factual basis 
                for the issuance of an order under this section to 
                approve such production of tangible things exists;
                    ``(C) informs, either personally or through a 
                designee, a judge having jurisdiction under this 
                section at the time the Attorney General requires the 
                emergency production of tangible things that the 
                decision has been made to employ the authority under 
                this subsection; and
                    ``(D) makes an application in accordance with this 
                section to a judge having jurisdiction under this 
                section as soon as practicable, but not later than 7 
                days after the Attorney General requires the emergency 
                production of tangible things under this subsection.
            ``(2) If the Attorney General authorizes the emergency 
        production of tangible things under paragraph (1), the Attorney 
        General shall require that the minimization procedures required 
        by this section for the issuance of a judicial order be 
        followed.
            ``(3) In the absence of a judicial order approving the 
        production of tangible things under this subsection, the 
        production shall terminate when the information sought is 
        obtained, when the application for the order is denied, or 
        after the expiration of 7 days from the time the Attorney 
        General begins requiring the emergency production of such 
        tangible things, whichever is earliest.
            ``(4) A denial of the application made under this 
        subsection may be reviewed as provided in section 103.
            ``(5) If such application for approval is denied, or in any 
        other case where the production of tangible things is 
        terminated and no order is issued approving the production, no 
        information obtained or evidence derived from such production 
        shall be received in evidence or otherwise disclosed in any 
        trial, hearing, or other proceeding in or before any court, 
        grand jury, department, office, agency, regulatory body, 
        legislative committee, or other authority of the United States, 
        a State, or political subdivision thereof, and no information 
        concerning any United States person acquired from such 
        production shall subsequently be used or disclosed in any other 
        manner by Federal officers or employees without the consent of 
        such person, except with the approval of the Attorney General 
        if the information indicates a threat of death or serious 
        bodily harm to any person.
            ``(6) The Attorney General shall assess compliance with the 
        requirements of paragraph (5).''.
    (b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``pursuant to an order'' and inserting 
                ``pursuant to an order issued or an emergency 
                production required'';
                    (B) in subparagraph (A), by striking ``such order'' 
                and inserting ``such order or such emergency 
                production''; and
                    (C) in subparagraph (B), by striking ``the order'' 
                and inserting ``the order or the emergency 
                production''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``an order'' 
                and inserting ``an order or emergency production''; and
                    (B) in subparagraph (B), by striking ``an order'' 
                and inserting ``an order or emergency production''.

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

    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as 
amended by section 101(a) of this Act, is further amended by inserting 
before subparagraph (B), as redesignated by such section 101(a) of this 
Act, the following new subparagraph:
                    ``(A) a specific selection term to be used as the 
                basis for the production of the tangible things 
                sought;''.
    (b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended--
            (1) in paragraph (2)(A), by striking the semicolon and 
        inserting ``, including each specific selection term to be used 
        as the basis for the production;''; and
            (2) by adding at the end the following new paragraph:
    ``(3) No order issued under this subsection may authorize the 
collection of tangible things without the use of a specific selection 
term that meets the requirements of subsection (b)(2).''.

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

    Section 501(c)(1) (50 U.S.C. 1861(c)(1)) is amended by inserting 
after ``subsections (a) and (b)'' the following: ``and that the 
minimization procedures submitted in accordance with subsection 
(b)(2)(D) meet the definition of minimization procedures under 
subsection (g)''.

SEC. 105. LIABILITY PROTECTION.

    Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:
    ``(e)(1) No cause of action shall lie in any court against a person 
who--
            ``(A) produces tangible things or provides information, 
        facilities, or technical assistance pursuant to an order issued 
        or an emergency production required under this section; or
            ``(B) otherwise provides technical assistance to the 
        Government under this section or to implement the amendments 
        made to this section by the USA FREEDOM Act.
    ``(2) A production or provision of information, facilities, or 
technical assistance described in paragraph (1) shall not be deemed to 
constitute a waiver of any privilege in any other proceeding or 
context.''.

SEC. 106. COMPENSATION FOR ASSISTANCE.

    Section 501 (50 U.S.C. 1861), as amended by section 102 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(j) Compensation.--The Government shall compensate a person for 
reasonable expenses incurred for--
            ``(1) producing tangible things or providing information, 
        facilities, or assistance in accordance with an order issued 
        with respect to an application described in subsection 
        (b)(2)(C) or an emergency production under subsection (i) that, 
        to comply with subsection (i)(1)(D), requires an application 
        described in subsection (b)(2)(C); or
            ``(2) otherwise providing technical assistance to the 
        Government under this section or to implement the amendments 
        made to this section by the USA FREEDOM Act.''.

SEC. 107. DEFINITIONS.

    Section 501 (50 U.S.C. 1861), as amended by section 106 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(k) Definitions.--In this section:
            ``(1) Call detail record.--The term `call detail record'--
                    ``(A) means session identifying information 
                (including originating or terminating telephone number, 
                International Mobile Subscriber Identity number, or 
                International Mobile Station Equipment Identity 
                number), a telephone calling card number, or the time 
                or duration of a call; and
                    ``(B) does not include--
                            ``(i) the contents of any communication (as 
                        defined in section 2510(8) of title 18, United 
                        States Code);
                            ``(ii) the name, address, or financial 
                        information of a subscriber or customer; or
                            ``(iii) cell site location information.
            ``(2) Specific selection term.--The term `specific 
        selection term' means a discrete term, such as a term 
        specifically identifying a person, entity, account, address, or 
        device, used by the Government to limit the scope of the 
        information or tangible things sought pursuant to the statute 
        authorizing the provision of such information or tangible 
        things to the Government.''.

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

    Section 106A of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``and calendar 
                years 2012 through 2014'' after ``2006'';
                    (B) by striking paragraphs (2) and (3);
                    (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3) (as so redesignated)--
                            (i) by striking subparagraph (C) and 
                        inserting the following new subparagraph:
                    ``(C) with respect to calendar years 2012 through 
                2014, an examination of the minimization procedures 
                used in relation to orders under section 501 of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1861) and whether the minimization procedures 
                adequately protect the constitutional rights of United 
                States persons;''; and
                            (ii) in subparagraph (D), by striking ``(as 
                        such term is defined in section 3(4) of the 
                        National Security Act of 1947 (50 U.S.C. 
                        401a(4)))'';
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(3) Calendar years 2012 through 2014.--Not later than 
        December 31, 2015, the Inspector General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the audit conducted under subsection 
        (a) for calendar years 2012 through 2014.'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (4) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Intelligence Assessment.--
            ``(1) In general.--For the period beginning on January 1, 
        2012, and ending on December 31, 2014, the Inspector General of 
        the Intelligence Community shall assess--
                    ``(A) the importance of the information acquired 
                under title V of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1861 et seq.) to the activities 
                of the intelligence community;
                    ``(B) the manner in which that information was 
                collected, retained, analyzed, and disseminated by the 
                intelligence community;
                    ``(C) the minimization procedures used by elements 
                of the intelligence community under such title and 
                whether the minimization procedures adequately protect 
                the constitutional rights of United States persons; and
                    ``(D) any minimization procedures proposed by an 
                element of the intelligence community under such title 
                that were modified or denied by the court established 
                under section 103(a) of such Act (50 U.S.C. 1803(a)).
            ``(2) Submission date for assessment.--Not later than 180 
        days after the date on which the Inspector General of the 
        Department of Justice submits the report required under 
        subsection (c)(3), the Inspector General of the Intelligence 
        Community shall submit to the Committee on the Judiciary and 
        the Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the assessment for calendar years 
        2012 through 2014.'';
            (5) in subsection (e), as redesignated by paragraph (3)--
                    (A) in paragraph (1)--
                            (i) by striking ``a report under subsection 
                        (c)(1) or (c)(2)'' and inserting ``any report 
                        under subsection (c) or (d)''; and
                            (ii) by striking ``Inspector General of the 
                        Department of Justice'' and inserting 
                        ``Inspector General of the Department of 
                        Justice, the Inspector General of the 
                        Intelligence Community, and any Inspector 
                        General of an element of the intelligence 
                        community that prepares a report to assist the 
                        Inspector General of the Department of Justice 
                        or the Inspector General of the Intelligence 
                        Community in complying with the requirements of 
                        this section''; and
                    (B) in paragraph (2), by striking ``the reports 
                submitted under subsections (c)(1) and (c)(2)'' and 
                inserting ``any report submitted under subsection (c) 
                or (d)'';
            (6) in subsection (f), as redesignated by paragraph (3)--
                    (A) by striking ``The reports submitted under 
                subsections (c)(1) and (c)(2)'' and inserting ``Each 
                report submitted under subsection (c)''; and
                    (B) by striking ``subsection (d)(2)'' and inserting 
                ``subsection (e)(2)''; and
            (7) by adding at the end the following new subsection:
    ``(g) Definitions.--In this section:
            ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            ``(2) United states person.--The term `United States 
        person' has the meaning given that term in section 101 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801).''.

SEC. 109. EFFECTIVE DATE.

    (a) In General.--The amendments made by sections 101 through 103 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to alter or eliminate the authority of the Government to obtain an 
order under title V of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861 et seq.) as in effect prior to the effective date 
described in subsection (a) during the period ending on such effective 
date.

SEC. 110. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to authorize the production 
of the contents (as such term is defined in section 2510(8) of title 
18, United States Code) of any electronic communication from an 
electronic communication service provider (as such term is defined in 
section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881(b)(4)) under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).

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

SEC. 201. PROHIBITION ON BULK COLLECTION.

    (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following new paragraph:
            ``(3) a specific selection term to be used as the basis for 
        selecting the telephone line or other facility to which the pen 
        register or trap and trace device is to be attached or applied; 
        and''.
    (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding 
at the end the following new paragraph:
            ``(4) The term `specific selection term' has the meaning 
        given the term in section 501.''.

SEC. 202. PRIVACY PROCEDURES.

    (a) In General.--Section 402 (50 U.S.C. 1842) is amended by adding 
at the end the following new subsection:
    ``(h) The Attorney General shall ensure that appropriate policies 
and procedures are in place to safeguard nonpublicly available 
information concerning United States persons that is collected through 
the use of a pen register or trap and trace device installed under this 
section. Such policies and procedures shall, to the maximum extent 
practicable and consistent with the need to protect national security, 
include protections for the collection, retention, and use of 
information concerning United States persons.''.
    (b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is amended 
by adding at the end the following new subsection:
    ``(d) Information collected through the use of a pen register or 
trap and device installed under this section shall be subject to the 
policies and procedures required under section 402(h).''.

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

SEC. 301. MINIMIZATION PROCEDURES.

    Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amended--
            (1) by striking ``that meet'' and inserting the following: 
        ``that--
                    ``(A) meet'';
            (2) in subparagraph (A) (as designated by paragraph (1) of 
        this section), by striking the period and inserting ``; and''; 
        and
            (3) by adding at the end the following new subparagraph:
                    ``(B) consistent with such definition--
                            ``(i) minimize the acquisition, and 
                        prohibit the retention and dissemination, of 
                        any communication as to which the sender and 
                        all intended recipients are determined to be 
                        located in the United States at the time of 
                        acquisition, consistent with the need of the 
                        United States to obtain, produce, and 
                        disseminate foreign intelligence information; 
                        and
                            ``(ii) prohibit the use of any discrete 
                        communication that is not to, from, or about 
                        the target of an acquisition and is to or from 
                        an identifiable United States person or a 
                        person reasonably believed to be located in the 
                        United States, except to protect against an 
                        immediate threat to human life.''.

SEC. 302. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

    Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at 
the end the following new subparagraph:
                    ``(D) Limitation on use of information.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), to the extent the Court orders a 
                        correction of a deficiency in a certification 
                        or procedures under subparagraph (B), no 
                        information obtained or evidence derived 
                        pursuant to the part of the certification or 
                        procedures that has been identified by the 
                        Court as deficient concerning any United States 
                        person shall be received in evidence or 
                        otherwise disclosed in any trial, hearing, or 
                        other proceeding in or before any court, grand 
                        jury, department, office, agency, regulatory 
                        body, legislative committee, or other authority 
                        of the United States, a State, or political 
                        subdivision thereof, and no information 
                        concerning any United States person acquired 
                        pursuant to such part of such certification 
                        shall subsequently be used or disclosed in any 
                        other manner by Federal officers or employees 
                        without the consent of the United States 
                        person, except with the approval of the 
                        Attorney General if the information indicates a 
                        threat of death or serious bodily harm to any 
                        person.
                            ``(ii) Exception.--If the Government 
                        corrects any deficiency identified by the order 
                        of the Court under subparagraph (B), the Court 
                        may permit the use or disclosure of information 
                        obtained before the date of the correction 
                        under such minimization procedures as the Court 
                        shall establish for purposes of this clause.''.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

SEC. 401. APPOINTMENT OF AMICUS CURIAE.

    Section 103 (50 U.S.C. 1803) is amended by adding at the end the 
following new subsection:
    ``(i) Amicus Curiae.--
            ``(1) Authorization.--A court established under subsection 
        (a) or (b), consistent with the requirement of subsection (c) 
        and any other statutory requirement that the court act 
        expeditiously or within a stated time--
                    ``(A) shall appoint an individual to serve as 
                amicus curiae to assist such court in the consideration 
                of any application for an order or review that, in the 
                opinion of the court, presents a novel or significant 
                interpretation of the law, unless the court issues a 
                written finding that such appointment is not 
                appropriate; and
                    ``(B) may appoint an individual to serve as amicus 
                curiae in any other instance as such court deems 
                appropriate.
            ``(2) Designation.--The presiding judges of the courts 
        established under subsections (a) and (b) shall jointly 
        designate not less than 5 individuals to be eligible to serve 
        as amicus curiae. Such individuals shall be persons who possess 
        expertise in privacy and civil liberties, intelligence 
        collection, telecommunications, or any other area that may lend 
        legal or technical expertise to the courts and who have been 
        determined by appropriate executive branch officials to be 
        eligible for access to classified information.
            ``(3) Duties.--An individual appointed to serve as amicus 
        curiae under paragraph (1) shall carry out the duties assigned 
        by the appointing court. Such court may authorize the 
        individual appointed to serve as amicus curiae to review any 
        application, certification, petition, motion, or other 
        submission that the court determines is relevant to the duties 
        assigned by the court.
            ``(4) Notification.--The presiding judges of the courts 
        established under subsections (a) and (b) shall notify the 
        Attorney General of each exercise of the authority to appoint 
        an individual to serve as amicus curiae under paragraph (1).
            ``(5) Assistance.--A court established under subsection (a) 
        or (b) may request and receive (including on a non-reimbursable 
        basis) the assistance of the executive branch in the 
        implementation of this subsection.
            ``(6) Administration.--A court established under subsection 
        (a) or (b) may provide for the designation, appointment, 
        removal, training, or other support for an individual appointed 
        to serve as amicus curiae under paragraph (1) in a manner that 
        is not inconsistent with this subsection.''.

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

    (a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is 
amended--
            (1) in the heading, by striking ``REPORTING REQUIREMENT'' 
        and inserting ``OVERSIGHT''; and
            (2) by adding at the end the following new section:

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

    ``(a) Declassification Required.--Subject to subsection (b), the 
Director of National Intelligence, in consultation with the Attorney 
General, shall conduct a declassification review of each decision, 
order, or opinion issued by the Foreign Intelligence Surveillance Court 
or the Foreign Intelligence Surveillance Court of Review (as defined in 
section 601(e)) that includes a significant construction or 
interpretation of any provision of this Act, including a construction 
or interpretation of the term `specific selection term', and, 
consistent with that review, make publicly available to the greatest 
extent practicable each such decision, order, or opinion.
    ``(b) Redacted Form.--The Director of National Intelligence, in 
consultation with the Attorney General, may satisfy the requirement 
under subsection (a) to make a decision, order, or opinion described in 
such subsection publicly available to the greatest extent practicable 
by making such decision, order, or opinion publicly available in 
redacted form.
    ``(c) National Security Waiver.--The Director of National 
Intelligence, in consultation with the Attorney General, may waive the 
requirement to declassify and make publicly available a particular 
decision, order, or opinion under subsection (a) if--
            ``(1) the Director of National Intelligence, in 
        consultation with the Attorney General, determines that a 
        waiver of such requirement is necessary to protect the national 
        security of the United States or properly classified 
        intelligence sources or methods; and
            ``(2) the Director of National Intelligence makes publicly 
        available an unclassified statement prepared by the Attorney 
        General, in consultation with the Director of National 
        Intelligence--
                    ``(A) summarizing the significant construction or 
                interpretation of a provision under this Act; and
                    ``(B) that specifies that the statement has been 
                prepared by the Attorney General and constitutes no 
                part of the opinion of the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review.''.
    (b) Table of Contents Amendments.--The table of contents in the 
first section is amended--
            (1) by striking the item relating to title VI and inserting 
        the following new item:

                      ``TITLE VI--OVERSIGHT''; and

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

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

                TITLE V--NATIONAL SECURITY LETTER REFORM

SEC. 501. PROHIBITION ON BULK COLLECTION.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709(b) of title 18, United States Code, is amended 
in the matter preceding paragraph (1) by striking ``may'' and inserting 
``may, using a specific selection term as the basis for a request''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114(a)(2) of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the 
period and inserting ``and a specific selection term to be used as the 
basis for the production and disclosure of financial records.''.
    (c) Disclosures to FBI of Certain Consumer Records for 
Counterintelligence Purposes.--Section 626(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681u(a)) is amended by striking ``that 
information,'' and inserting ``that information that includes a 
specific selection term to be used as the basis for the production of 
that information,''.
    (d) Disclosures to Governmental Agencies for Counterterrorism 
Purposes of Consumer Reports.--Section 627(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681v(a)) is amended by striking ``analysis.'' 
and inserting ``analysis and a specific selection term to be used as 
the basis for the production of such information.''.
    (e) Definitions.--
            (1) Counterintelligence access to telephone toll and 
        transactional records.--Section 2709 of title 18, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(g) Specific Selection Term Defined.--In this section, the term 
`specific selection term' has the meaning given the term in section 501 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861).''.
            (2) Access to financial records for certain intelligence 
        and protective purposes.--Section 1114 of the Right to 
        Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended by 
        adding at the end the following new subsection:
    ``(e) In this section, the term `specific selection term' has the 
meaning given the term in section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861).''.
            (3) Disclosures to fbi of certain consumer records for 
        counterintelligence purposes.--Section 626 of the Fair Credit 
        Reporting Act (15 U.S.C. 1681u) is amended by adding at the end 
        the following new subsection:
    ``(n) Specific Selection Term Defined.--In this section, the term 
`specific selection term' has the meaning given the term in section 501 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861).''.
            (4) Disclosures to governmental agencies for 
        counterterrorism purposes of consumer reports.--Section 627 of 
        the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by 
        adding at the end the following new subsection:
    ``(g) Specific Selection Term Defined.--In this section, the term 
`specific selection term' has the meaning given the term in section 501 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861).''.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

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

    Section 502(b) (50 U.S.C. 1862(b)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (5), (6), and (7), respectively; and
            (2) by inserting before paragraph (5) (as so redesignated) 
        the following new paragraphs:
            ``(1) the total number of applications described in section 
        501(b)(2)(B) made for orders approving requests for the 
        production of tangible things;
            ``(2) the total number of such orders either granted, 
        modified, or denied;
            ``(3) the total number of applications described in section 
        501(b)(2)(C) made for orders approving requests for the 
        production of call detail records;
            ``(4) the total number of such orders either granted, 
        modified, or denied;''.

SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO CONGRESS.

    Section 502(b) (50 U.S.C. 1862(b)), as amended by section 601 of 
this Act, is further amended--
            (1) by redesignating paragraphs (1) through (7) as 
        paragraphs (2) through (8), respectively; and
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following new paragraph:
            ``(1) a summary of all compliance reviews conducted by the 
        Federal Government of the production of tangible things under 
        section 501;''.

SEC. 603. ANNUAL REPORTS BY THE GOVERNMENT ON ORDERS ENTERED.

    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
section 402 of this Act, is further amended by adding at the end the 
following new section:

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

    ``(a) Report by Director of the Administrative Office of the United 
States Courts.--The Director of the Administrative Office of the United 
States Courts shall annually submit to the Permanent Select Committee 
on Intelligence and the Committee on the Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate and, subject to a 
declassification review by the Attorney General and Director of 
National Intelligence, make publicly available on an Internet website--
            ``(1) the number of orders entered under each of sections 
        105, 304, 402, 501, 702, 703, and 704;
            ``(2) the number of orders modified under each of those 
        sections;
            ``(3) the number of orders denied under each of those 
        sections; and
            ``(4) the number of appointments of an individual to serve 
        as amicus curiae under section 103, including the name of each 
        individual appointed to serve as amicus curiae.
    ``(b) Report by Director of National Intelligence.--The Director of 
National Intelligence shall annually make publicly available a report 
that identifies, for the preceding 12-month period--
            ``(1) the total number of orders issued pursuant titles I 
        and III and sections 703 and 704 and the estimated number of 
        targets affected by such orders;
            ``(2) the total number of orders issued pursuant to section 
        702 and the estimated number of targets affected by such 
        orders;
            ``(3) the total number of orders issued pursuant to title 
        IV and the estimated number of targets affected by such orders;
            ``(4) the total number of orders issued pursuant to 
        applications made under section 501(b)(2)(B) and the estimated 
        number of targets affected by such orders;
            ``(5) the total number of orders issued pursuant to 
        applications made under section 501(b)(2)(C) and the estimated 
        number of targets affected by such orders; and
            ``(6) the total number of national Security letters issued 
        and the number of requests for information contained within 
        such national security letters.
    ``(c) National Security Letter Defined.--The term `national 
security letter' means any of the following provisions:
            ``(1) Section 2709 of title 18, United States Code.
            ``(2) Section 1114(a)(5)(A) of the Right to Financial 
        Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)).
            ``(3) Subsection (a) or (b) of section 626 of the Fair 
        Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)).
            ``(4) Section 627(a) of the Fair Credit Reporting Act (15 
        U.S.C. 1681v(a)).''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section, as amended by section 402 of this Act, is further 
amended by inserting after the item relating to section 602, as added 
by such section 402, the following new item:

``Sec. 603. Annual report on orders entered.''.

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

    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
section 603 of this Act, is further amended by adding at the end the 
following new section:

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

    ``(a) Reporting.--A person may semiannually publicly report the 
following information with respect to the preceding half year using one 
of the following structures:
            ``(1) Subject to subsection (b), a report that aggregates 
        the number of orders or national security letters the person 
        was required to comply with in the following separate 
        categories:
                    ``(A) The number of national security letters 
                received, reported in bands of 1000 starting with 0-
                999.
                    ``(B) The number of customer accounts affected by 
                national security letters, reported in bands of 1000 
                starting with 0-999.
                    ``(C) The number of orders under this Act for 
                content, reported in bands of 1000 starting with 0-999.
                    ``(D) With respect to content orders under this 
                Act, in bands of 1000 starting with 0-999, the number 
                of customer accounts affected under orders under title 
                I;
                    ``(E) The number of orders under this Act for non-
                content, reported in bands of 1000 starting with 0-999.
                    ``(F) With respect to non-content orders under this 
                Act, in bands of 1000 starting with 0-999, the number 
                of customer accounts affected under orders under--
                            ``(i) title IV;
                            ``(ii) title V with respect to applications 
                        described in section 501(b)(2)(B); and
                            ``(iii) title V with respect to 
                        applications described in section 501(b)(2)(C).
            ``(2) A report that aggregates the number of orders, 
        directives, or national security letters the person was 
        required to comply with in the following separate categories:
                    ``(A) The total number of all national security 
                process received, including all national security 
                letters and orders or directives under this Act, 
                reported as a single number in a band of 0-249 and 
                thereafter in bands of 250.
                    ``(B) The total number of customer selectors 
                targeted under all national security process received, 
                including all national security letters and orders or 
                directives under this Act, reported as a single number 
                in a band of 0-249 and thereafter in bands of 250.
            ``(3) Subject to subsection (b), a report that aggregates 
        the number of orders or national security letters the person 
        was required to comply with in the following separate 
        categories:
                    ``(A) The number of national security letters 
                received, reported in bands of 500 starting with 0-499.
                    ``(B) The number of customer accounts affected by 
                national security letters, reported in bands of 500 
                starting with 0-499.
                    ``(C) The number of orders under this Act for 
                content, reported in bands of 500 starting with 0-499.
                    ``(D) The number of customer selectors targeted 
                under such orders, in bands of 500 starting with 0-499.
                    ``(E) The number of orders under this Act for non-
                content, reported in bands of 500 starting with 0-499.
                    ``(F) The number of customer selectors targeted 
                under such orders, reported in bands of 500 starting 
                with 0-499.
    ``(b) Period of Time Covered by Reports.--With respect to a report 
described in paragraph (1) or (3) of subsection (a), such report shall 
only include information--
            ``(1) except as provided in paragraph (2), for the period 
        of time ending on the date that is at least 180 days before the 
        date of the publication of such report; and
            ``(2) with respect to an order under this Act or national 
        security letter received with respect to a platform, product, 
        or service for which a person did not previously receive such 
        an order or national security letter (not including an 
        enhancement to or iteration of an existing publicly available 
        platform, product, or service), for the period of time ending 
        on the date that is at least 2 years before the date of the 
        publication of such report.
    ``(c) Other Forms of Agreed to Publication.--Nothing in this 
section shall be construed to prohibit the Government and any person 
from jointly agreeing to the publication of information referred to in 
this subsection in a time, form, or manner other than as described in 
this section.
    ``(d) National Security Letter Defined.--The term `national 
security letter' has the meaning given the term in section 603.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section, as amended by section 603 of this Act, is further 
amended by inserting after the item relating to section 603, as added 
by section 603 of this Act, the following new item:

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

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

    Section 601(c)(1) (50 U.S.C. 1871(c)) is amended to read as 
follows:
            ``(1) not later than 45 days after the date on which the 
        Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review issues a decision, 
        order, or opinion, including any denial or modification of an 
        application under this Act, that includes a significant 
        construction or interpretation of any provision of this Act or 
        results in a change of application of any provision of this Act 
        or a new application of any provision of this Act, a copy of 
        such decision, order, or opinion and any pleadings, 
        applications, or memoranda of law associated with such 
        decision, order, or opinion; and''.

SEC. 606. SUBMISSION OF REPORTS UNDER FISA.

    (a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C. 
1808(a)(1)) is amended by striking ``the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence, and the Committee on the Judiciary of the Senate,'' and 
inserting ``the Permanent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee on the Judiciary of 
the Senate''.
    (b) Physical Searches.--Section 306 (50 U.S.C. 1826) is amended--
            (1) in the first sentence, by striking ``Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence of the Senate, and the 
        Committee on the Judiciary of the Senate,'' and inserting 
        ``Permanent Select Committee on Intelligence and the Committee 
        on the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate''; and
            (2) in the second sentence, by striking ``and the Committee 
        on the Judiciary of the House of Representatives''.
    (c) Pen Register and Trap and Trace Devices.--Section 406(b) (50 
U.S.C. 1846(b)) is amended--
            (1) in paragraph (2), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) each department or agency on behalf of which the 
        Government has made application for orders approving the use of 
        pen registers or trap and trace devices under this title; and
            ``(5) for each department or agency described in paragraph 
        (4), a breakdown of the numbers required by paragraphs (1), 
        (2), and (3).''.
    (d) Access to Certain Business Records and Other Tangible Things.--
Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ``Permanent 
Select Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence and the Committee on the Judiciary 
of the Senate'' and inserting ``Permanent Select Committee on 
Intelligence of the House of Representatives, the Select Committee on 
Intelligence of the Senate, and the Committees on the Judiciary of the 
House of Representatives and the Senate''.

                           TITLE VII--SUNSETS

SEC. 701. SUNSETS.

    (a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (50 U.S.C. 1805 note) is amended by striking ``June 1, 
2015'' and inserting ``December 31, 2017''.
    (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1, 
2015'' and inserting ``December 31, 2017''.

            Passed the House of Representatives May 22, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 3361

_______________________________________________________________________

                                 AN ACT

  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.
```