I 

113TH CONGRESS 

1ST SESSION H. R. 3361 

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 HOUSE OF REPRESENTATIVES 

OCTOBER 29, 2013 

Mr. SENSENBRENNER (for himself, Mr. CONYERS, Ms. LOFGREN, Mr. AMASH, 

Mr. NADLER, Mr. ROE of Tennessee, Ms. JACKSON LEE, Mr. FARR, Mr. 

POLIS, Ms. CHU, Ms. BASS, Mr. RICHMOND, Mr. THOMPSON of Mississippi, Ms. DELBENE, Mr. ROHRABACHER, Mr. MICA, Mr. YOUNG of 

Alaska, Mr. PETRI, Mr. SANFORD, Mr. WELCH, Mr. GRAYSON, Mr. DUNCAN of South Carolina, Ms. ESHOO, Mr. ROKITA, Mr. SMITH of Missouri, 

Mr. STEWART, Mr. AMODEI, Mr. YOHO, Mr. JEFFRIES, Ms. NORTON, 

Mr. DEUTCH, Mr. SCOTT of Virginia, Mr. QUIGLEY, Mr. HUNTER, Mr. 

GARAMENDI, Mr. MULLIN, Mr. MASSIE, Ms. LEE of California, Ms. 

MOORE, Mr. DUFFY, Ms. GABBARD, Mr. COBLE, Mr. TERRY, Mr. 

GRAVES of Georgia, Mr. POCAN, Mr. O’ROURKE, Mr. LABRADOR, Mr. 

HUFFMAN, Mr. GOWDY, Mr. COFFMAN, Mr. MULVANEY, Mr. BURGESS, 

Mr. ISSA, Mr. MORAN, Mr. GIBSON, Mr. HONDA, Ms. SPEIER, Mr. JOHNSON of Georgia, Mr. GOHMERT, Mr. YODER, Mr. GENE GREEN of Texas, 

Mr. HUELSKAMP, Mr. CAPUANO, Mr. BENTIVOLIO, Mr. JONES, Mr. 

THOMPSON of Pennsylvania, Mr. BUCHANAN, Mr. LONG, Mr. ELLISON, 

Mr. DAINES, Mr. MICHAUD, Mr. LOWENTHAL, Mr. PEARCE, Mr. POE of 

Texas, Mr. BERA of California, Mr. GRIFFIN of Arkansas, Mr. BLUMENAUER, Mr. SCHWEIKERT, and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Select Committee on Intelligence (Permanent Select) 

and Financial Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 


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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 ‘‘Uniting and Strengthening America by Fulfilling Rights 

6 and Ending Eavesdropping, Dragnet-collection, and On7 line Monitoring Act’’ or the ‘‘USA FREEDOM Act’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FISA BUSINESS RECORDS REFORMS 

Sec. 101. Privacy protections for business records orders. 

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

TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE 

REFORMS 

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

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

TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE 

THE UNITED STATES REFORMS 

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

of United States persons. 

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

Sec. 303. Prohibition on reverse targeting. 

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

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


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Sec. 306. Inspector general reviews of authorities. 

TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT 

REFORMS 

Sec. 401. Office of the Special Advocate. 

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

Sec. 403. Preservation of rights. 

TITLE V—NATIONAL SECURITY LETTER REFORMS 

Sec. 501. National security letter authority. 

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

Sec. 503. Judicial review. 

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

Sec. 505. National security letter sunset. 

Sec. 506. Technical and conforming amendments. 

TITLE VI—FISA AND NATIONAL SECURITY LETTER 

TRANSPARENCY REFORMS 

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

Sec. 602. Government reporting on FISA orders. 

Sec. 603. Government reporting on national security letters. 

TITLE VII—PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 

SUBPOENA AUTHORITY 

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

1 TITLE I—FISA BUSINESS 

2 RECORDS REFORMS 

3 SEC. 101. PRIVACY PROTECTIONS FOR BUSINESS RECORDS 

4 ORDERS. 

5 (a) PRIVACY PROTECTIONS.— 

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

8 U.S.C. 1861(b)) is amended— 

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

10 after the semicolon; 

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

13 new subparagraphs: 


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

2 there are reasonable grounds to believe that the 

3 tangible things sought— 

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

5 authorized investigation (other than a 

6 threat assessment) conducted in accord7 ance with subsection (a)(2) to— 

8 ‘‘(I) obtain foreign intelligence 

9 information not concerning a United 

10 States person; or 

11 ‘‘(II) protect against inter12 national terrorism or clandestine intel13 ligence activities; and 

14 ‘‘(ii) pertain to— 

15 ‘‘(I) a foreign power or an agent 

16 of a foreign power; 

17 ‘‘(II) the activities of a suspected 

18 agent of a foreign power who is the 

19 subject of such authorized investiga20 tion; or 

21 ‘‘(III) an individual in contact 

22 with, or known to, a suspected agent 

23 of a foreign power; and 

24 ‘‘(B) a statement of proposed minimization 

25 procedures; and’’; and 


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1 (C) by adding at the end the following 

2 paragraph: 

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

4 requirement described in subsection (d), shall in5 clude— 

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

7 Government believes the nondisclosure require8 ment should apply; 

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

10 there are reasonable grounds to believe that dis11 closure of particular information about the ex12 istence or contents of the order requiring the 

13 production of tangible things under this section 

14 during such time period will result in— 

15 ‘‘(i) endangering the life or physical 

16 safety of any person; 

17 ‘‘(ii) flight from investigation or pros18 ecution; 

19 ‘‘(iii) destruction of or tampering with 

20 evidence; 

21 ‘‘(iv) intimidation of potential wit22 nesses; 

23 ‘‘(v) interference with diplomatic rela24 tions; 


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

2 a target, or the foreign power of which the 

3 target is an agent, of the interest of the 

4 Government in the target; or 

5 ‘‘(vii) otherwise seriously endangering 

6 the national security of the United States; 

7 and 

8 ‘‘(C) an explanation of how the nondisclo9 sure requirement is narrowly tailored to address 

10 the specific harm identified under subparagraph 

11 (B).’’. 

12 (2) ORDER.—Section 501(c) of the Foreign In13 telligence Surveillance Act of 1978 (50 U.S.C. 

14 1861(c)) is amended— 

15 (A) in paragraph (1)— 

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

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

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

19 and that the proposed minimization proce20 dures meet the definition of minimization 

21 procedures under subsection (g)’’; and 

22 (ii) by striking the last sentence and 

23 inserting the following: ‘‘If the judge finds 

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

25 have been met, such order shall include a 


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1 nondisclosure requirement, which may 

2 apply for not longer than 1 year, unless 

3 the facts justify a longer period of non4 disclosure, subject to the principles and 

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

6 and 

7 (B) in paragraph (2)— 

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

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

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

11 ‘‘and’’ at the end; 

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

13 the period at the end and inserting ‘‘; 

14 and’’; and 

15 (iv) by adding at the end the following 

16 new subparagraph: 

17 ‘‘(F) shall direct that the minimization 

18 procedures be followed.’’. 

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

20 Foreign Intelligence Surveillance Act of 1978 (50 

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

22 ‘‘(d) NONDISCLOSURE.— 

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

24 order entered under subsection (c) that contains a 

25 nondisclosure requirement shall disclose to any perVerDate Mar 15 2010 07:28 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3361.IH H3361

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1 son the particular information specified in the non2 disclosure requirement during the time period to 

3 which the requirement applies. 

4 ‘‘(2) EXCEPTION.— 

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

6 an order entered under subsection (c) that con7 tains a nondisclosure requirement may disclose 

8 information otherwise subject to any applicable 

9 nondisclosure requirement to— 

10 ‘‘(i) those persons to whom disclosure 

11 is necessary to comply with the order; 

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

13 or assistance regarding the order; or 

14 ‘‘(iii) other persons as permitted by 

15 the Director of the Federal Bureau of In16 vestigation or the designee of the Director. 

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

18 disclosure is made under subparagraph (A) 

19 shall be subject to the nondisclosure require20 ments applicable to a person to whom an order 

21 is directed under this section in the same man22 ner as the person to whom the order is directed. 

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

24 to a person described in subparagraph (A) in25 formation otherwise subject to a nondisclosure 


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1 requirement shall notify the person of the appli2 cable nondisclosure requirement. 

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

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

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

9 Director or such designee the person to whom 

10 such disclosure will be made or to whom such 

11 disclosure was made prior to the request. 

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

13 Bureau of Investigation, or a designee of the Direc14 tor (whose rank shall be no lower than Assistant 

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

16 the prohibition on disclosure of particular informa17 tion about the existence or contents of an order re18 quiring the production of tangible things under this 

19 section for additional periods of not longer than 1 

20 year, unless the facts justify a longer period of non21 disclosure. A nondisclosure requirement shall be re22 newed if a court having jurisdiction under paragraph 

23 (4) determines that the application meets the re24 quirements of subsection (b)(3). 


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1 ‘‘(4) JURISDICTION.—An application for a re2 newal under this subsection shall be made to— 

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

4 section 103(a); or 

5 ‘‘(B) a United States Magistrate Judge 

6 under chapter 43 of title 28, United States 

7 Code, who is publicly designated by the Chief 

8 Justice of the United States to have the power 

9 to hear applications and grant orders for the 

10 production of tangible things under this section 

11 on behalf of a judge of the court established 

12 under section 103(a).’’. 

13 (4) MINIMIZATION.—Section 501(g) of the For14 eign Intelligence Surveillance Act of 1978 (50 

15 U.S.C. 1861(g)) is amended— 

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

17 later than’’ and all that follows and inserting 

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

19 the production of tangible things under an 

20 order entered under this section or at any time 

21 after the production of tangible things under an 

22 order entered under this section, a judge may 

23 assess compliance with the minimization proce24 dures required by such order by reviewing the 

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1 cerning United States persons was acquired, re2 tained, or disseminated.’’; and 

3 (B) in paragraph (2)(A), by inserting ‘‘ac4 quisition and’’ after ‘‘to minimize the’’. 

5 (5) CONFORMING AMENDMENT.—Section 

6 501(f)(1)(B) of the Foreign Intelligence Surveillance 

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

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

9 and inserting ‘‘a nondisclosure requirement imposed 

10 in connection with a production order’’. 

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

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

13 1861(f)(2)) is amended— 

14 (1) in subparagraph (A)(i)— 

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

16 ‘‘such production order or any nondisclosure 

17 order imposed in connection with such produc18 tion order’’; and 

19 (B) by striking the second sentence; 

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

21 the following new subparagraph: 

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

23 aside a nondisclosure order shall grant such petition un24 less the court determines that— 


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

2 the information subject to the nondisclosure require3 ment during the time period in which such require4 ment is in effect will result in— 

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

6 of any person; 

7 ‘‘(II) flight from investigation or prosecu8 tion; 

9 ‘‘(III) destruction of or tampering with evi10 dence; 

11 ‘‘(IV) intimidation of potential witnesses; 

12 ‘‘(V) interference with diplomatic relations; 

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

14 target, or the foreign power of which the target 

15 is an agent, of the interest of the Government 

16 in the target; or 

17 ‘‘(VII) otherwise seriously endangering the 

18 national security of the United States; and 

19 ‘‘(ii) the nondisclosure requirement is narrowly 

20 tailored to address the specific harm identified under 

21 clause (i).’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

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

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1 son may file another petition to modify or set aside such 

2 nondisclosure order until the date that is one year after 

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

4 petition.’’. 

5 (c) EMERGENCY AUTHORITY FOR ACCESS TO CALL

6 DETAIL RECORDS.— 

7 (1) IN GENERAL.—Title V of the Foreign Intel8 ligence Surveillance Act of 1978 (50 U.S.C. 1861 et 

9 seq.) is amended— 

10 (A) by redesignating section 502 as section 

11 503; and 

12 (B) by inserting after section 501 the fol13 lowing new section: 

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

15 DETAIL RECORDS. 

16 ‘‘(a) IN GENERAL.—Notwithstanding any other pro17 vision of this title, the Attorney General may require the 

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

19 or electronic communication service on an emergency basis 

20 if— 

21 ‘‘(1) such records— 

22 ‘‘(A) are relevant and material to an au23 thorized investigation (other than a threat as24 sessment) conducted in accordance with section 

25 501(a)(2) to— 


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1 ‘‘(i) obtain foreign intelligence infor2 mation not concerning a United States 

3 person; or 

4 ‘‘(ii) protect against international ter5 rorism or clandestine intelligence activities; 

6 and 

7 ‘‘(B) pertain to— 

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

9 foreign power; 

10 ‘‘(ii) the activities of a suspected 

11 agent of a foreign power who is the subject 

12 of such authorized investigation; or 

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

14 known to, a suspected agent of a foreign 

15 power; 

16 ‘‘(2) the Attorney General reasonably deter17 mines that— 

18 ‘‘(A) an emergency requires the production 

19 of such records before an order requiring such 

20 production can with due diligence be obtained 

21 under section 501; and 

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

23 order under section 501 to require the produc24 tion of such records exists; 


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

2 informed by the Attorney General or a designee of 

3 the Attorney General at the time of the required 

4 production of such records that the decision has 

5 been made to require such production on an emer6 gency basis; and 

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

8 501 is made to such judge as soon as practicable, 

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

10 the Attorney General requires the production of such 

11 records under this section. 

12 ‘‘(b) TERMINATION OF AUTHORITY.— 

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

14 order under section 501 approving the production of 

15 call detail records under subsection (a), the author16 ity to require the production of such records shall 

17 terminate at the earlier of— 

18 ‘‘(A) when the information sought is ob19 tained; 

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

21 denied under section 501; or 

22 ‘‘(C) 7 days after the time of the author23 ization by the Attorney General. 

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

25 for an order under section 501 for the production of 


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1 call detail records required to be produced pursuant 

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

3 which the emergency production of call detail 

4 records under this section is terminated and no 

5 order under section 501 is issued approving the re6 quired production of such records, no information 

7 obtained or evidence derived from such records shall 

8 be received in evidence or otherwise disclosed in any 

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

10 court, grand jury, department, office, agency, regu11 latory body, legislative committee, or other authority 

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

13 thereof, and no information concerning any United 

14 States person acquired from such records shall sub15 sequently be used or disclosed in any other manner 

16 by Federal officers or employees without the consent 

17 of such person, except with the approval of the At18 torney General if the information indicates a threat 

19 of death or serious bodily harm to any person. 

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

21 submit to the Permanent Select Committee on Intelligence 

22 and the Committee on the Judiciary of the House of Rep23 resentatives and the Select Committee on Intelligence and 

24 the Committee on the Judiciary of the Senate a report 

25 containing the number of times the authority under this 


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1 section was exercised during the calendar year covered by 

2 such report. 

3 ‘‘(d) CALL DETAIL RECORDS DEFINED.—In this sec4 tion, the term ‘call detail records’— 

5 ‘‘(1) means session identifying information (in6 cluding originating or terminating telephone num7 ber, International Mobile Subscriber Identity num8 ber, or International Mobile Station Equipment 

9 Identity number), telephone calling card numbers, or 

10 the time or duration of a call; and 

11 ‘‘(2) does not include— 

12 ‘‘(A) the contents of any communication 

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

14 United States Code); 

15 ‘‘(B) the name, address, or financial infor16 mation of a subscriber or customer; or 

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

18 (2) TABLE OF CONTENTS AMENDMENT.—The 

19 table of contents in the first section of the Foreign 

20 Intelligence Surveillance Act of 1978 is amended by 

21 striking the item relating to section 502 and insert22 ing the following new items: 

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

‘‘503. Congressional oversight.’’. 

23 (3) CONFORMING AMENDMENT.—Section 

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1 authorization Act of 2005 (50 U.S.C. 1805 note) is 

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

3 inserting ‘‘title V and section’’. 

4 SEC. 102. INSPECTOR GENERAL REPORTS ON BUSINESS 

5 RECORDS ORDERS. 

6 Section 106A of the USA PATRIOT Improvement 

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

8 120 Stat. 200) is amended— 

9 (1) in subsection (b)— 

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

11 calendar years 2010 through 2013’’ after 

12 ‘‘2006’’; 

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

14 (C) by redesignating paragraphs (4) and 

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

16 (D) in paragraph (3) (as so redesig17 nated)— 

18 (i) by striking subparagraph (C) and 

19 inserting the following new subparagraph: 

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

21 through 2013, an examination of the minimiza22 tion procedures used in relation to orders under 

23 section 501 of the Foreign Intelligence Surveil24 lance Act of 1978 (50 U.S.C. 1861) and wheth25 er the minimization procedures adequately proVerDate Mar 15 2010 07:28 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3361.IH H3361

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1 tect the constitutional rights of United States 

2 persons;’’; and 

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

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

5 the National Security Act of 1947 (50 

6 U.S.C. 401a(4)))’’; 

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

8 following new paragraph: 

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

10 Not later than December 31, 2014, the Inspector 

11 General of the Department of Justice shall submit 

12 to the Committee on the Judiciary and the Select 

13 Committee on Intelligence of the Senate and the 

14 Committee on the Judiciary and the Permanent Se15 lect Committee on Intelligence of the House of Rep16 resentatives a report containing the results of the 

17 audit conducted under subsection (a) for calendar 

18 years 2010 through 2013.’’; 

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

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

21 (4) by inserting after subsection (c) the fol22 lowing new subsection: 

23 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

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

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


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1 2013, the Inspector General of the Intelligence Com2 munity shall— 

3 ‘‘(A) assess the importance of the informa4 tion acquired under title V of the Foreign Intel5 ligence Surveillance Act of 1978 (50 U.S.C. 

6 1861 et seq.) to the activities of the intelligence 

7 community; 

8 ‘‘(B) examine the manner in which that in9 formation was collected, retained, analyzed, and 

10 disseminated by the intelligence community; 

11 ‘‘(C) describe any noteworthy facts or cir12 cumstances relating to orders under such title; 

13 ‘‘(D) examine any minimization procedures 

14 used by elements of the intelligence community 

15 under such title and whether the minimization 

16 procedures adequately protect the constitutional 

17 rights of United States persons; and 

18 ‘‘(E) examine any minimization procedures 

19 proposed by an element of the intelligence com20 munity under such title that were modified or 

21 denied by the court established under section 

22 103(a) of such Act (50 U.S.C. 1803(a)). 

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

24 Not later than December 31, 2014, the Inspector 

25 General of the Intelligence Community shall submit 


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1 to the Committee on the Judiciary and the Select 

2 Committee on Intelligence of the Senate and the 

3 Committee on the Judiciary and the Permanent Se4 lect Committee on Intelligence of the House of Rep5 resentatives a report containing the results of the 

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

7 (5) in subsection (e), as redesignated by para8 graph (3)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘a report under sub11 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

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

13 (ii) by striking ‘‘Inspector General of 

14 the Department of Justice’’ and inserting 

15 ‘‘Inspector General of the Department of 

16 Justice, the Inspector General of the Intel17 ligence Community, and any Inspector 

18 General of an element of the intelligence 

19 community that prepares a report to assist 

20 the Inspector General of the Department 

21 of Justice or the Inspector General of the 

22 Intelligence Community in complying with 

23 the requirements of this section’’; and 

24 (B) in paragraph (2), by striking ‘‘the re25 ports submitted under subsection (c)(1) and 


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

2 under subsection (c) or (d)’’; 

3 (6) in subsection (f), as redesignated by para4 graph (3)— 

5 (A) by striking ‘‘The reports submitted 

6 under subsections (c)(1) and (c)(2)’’ and insert7 ing ‘‘Each report submitted under subsection 

8 (c)’’; and 

9 (B) by striking ‘‘subsection (d)(2)’’ and in10 serting ‘‘subsection (e)(2)’’; and 

11 (7) by adding at the end the following new sub12 section: 

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

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

15 ‘intelligence community’ has the meaning given that 

16 term in section 3 of the National Security Act of 

17 1947 (50 U.S.C. 3003). 

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

19 ‘United States person’ has the meaning given that 

20 term in section 101 of the Foreign Intelligence Sur21 veillance Act of 1978 (50 U.S.C. 1801).’’. 


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1 TITLE II—FISA PEN REGISTER 

2 AND TRAP AND TRACE DE3 VICE REFORMS 

4 SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS 

5 AND TRAP AND TRACE DEVICES. 

6 (a) APPLICATION.—Section 402(c) of the Foreign In7 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 

8 is amended— 

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

10 end; and 

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

12 following new paragraphs: 

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

14 are reasonable grounds to believe that the informa15 tion sought— 

16 ‘‘(A) is relevant and material to an author17 ized investigation to obtain foreign intelligence 

18 information not concerning a United States per19 son or to protect against international terrorism 

20 or clandestine intelligence activities (other than 

21 a threat assessment), provided that such inves22 tigation of a United States person is not con23 ducted solely upon the basis of activities pro24 tected by the First Amendment to the Constitu25 tion of the United States; and 


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1 ‘‘(B) pertain to— 

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

3 foreign power; 

4 ‘‘(ii) the activities of a suspected 

5 agent of a foreign power who is the subject 

6 of such authorized investigation; or 

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

8 known to, a suspected agent of a foreign 

9 power; and 

10 ‘‘(3) a statement of proposed minimization pro11 cedures.’’. 

12 (b) MINIMIZATION.— 

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

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

15 1841) is amended by adding at the end the following 

16 new paragraph: 

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

18 means— 

19 ‘‘(A) specific procedures that are reason20 ably designed in light of the purpose and tech21 nique of an order for the installation and use 

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

23 minimize the acquisition and retention, and pro24 hibit the dissemination, of nonpublicly available 

25 information concerning unconsenting United 


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1 States persons consistent with the need of the 

2 United States to obtain, produce, and dissemi3 nate foreign intelligence information; 

4 ‘‘(B) procedures that require that nonpub5 licly available information, which is not foreign 

6 intelligence information, as defined in section 

7 101(e)(1), shall not be disseminated in a man8 ner that identifies any United States person, 

9 without such person’s consent, unless such per10 son’s identity is necessary to understand foreign 

11 intelligence information or assess its impor12 tance; and 

13 ‘‘(C) notwithstanding subparagraphs (A) 

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

15 and dissemination of information that is evi16 dence of a crime which has been, is being, or 

17 is about to be committed and that is to be re18 tained or disseminated for law enforcement pur19 poses.’’. 

20 (2) PROCEDURES REQUIRED.—Section 402 of 

21 the Foreign Intelligence Surveillance Act of 1978 

22 (50 U.S.C. 1842) is amended— 

23 (A) in subsection (d)— 

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

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1 cedures meet the definition of minimization 

2 procedures under this title’’ before the pe3 riod at the end; and 

4 (ii) in paragraph (2)(B)— 

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

6 ‘‘and’’ after the semicolon; and 

7 (II) by adding at the end the fol8 lowing new clause: 

9 ‘‘(iv) the minimization procedures be 

10 followed; and’’; and 

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

12 subsection: 

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

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

15 and trace device is approved under an order or an exten16 sion under this section, the judge may assess compliance 

17 with the minimization procedures by reviewing the cir18 cumstances under which information concerning United 

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

20 (3) EMERGENCIES.—Section 403 of the For21 eign Intelligence Surveillance Act of 1978 (50 

22 U.S.C. 1843) is amended— 

23 (A) by redesignating subsection (c) as sub24 section (d); and 


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

2 following new subsection: 

3 ‘‘(c) If the Attorney General authorizes the emer4 gency installation and use of a pen register or trap and 

5 trace device under this section, the Attorney General shall 

6 require that minimization procedures required by this title 

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

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

9 of the Foreign Intelligence Surveillance Act of 1978 

10 (50 U.S.C. 1845(a)(1)) is amended by inserting 

11 ‘‘and the minimization procedures required under 

12 the order approving such pen register or trap and 

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

14 (c) TRANSITION PROCEDURES.— 

15 (1) ORDERS IN EFFECT.—Notwithstanding the 

16 amendments made by this section, an order entered 

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

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

19 that is in effect on the effective date of the amend20 ments made by this section shall remain in effect 

21 until the expiration of the order. 

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

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

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1 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

2 seq.), as amended by this Act. 

3 SEC. 202. INSPECTOR GENERAL REPORTS ON PEN REG4 ISTERS AND TRAP AND TRACE DEVICES. 

5 (a) AUDITS.—The Inspector General of the Depart6 ment of Justice shall perform comprehensive audits of the 

7 effectiveness and use, including any improper or illegal 

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

9 IV of the Foreign Intelligence Surveillance Act of 1978 

10 (50 U.S.C. 1841 et seq.) during the period beginning on 

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

12 (b) REQUIREMENTS.—The audits required under 

13 subsection (a) shall include— 

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

15 and trap and trace devices under such title for cal16 endar years 2010 through 2013; 

17 (2) an examination of the installation and use 

18 of a pen register or trap and trace device on emer19 gency bases under section 403 of such Act (50 

20 U.S.C. 1843); 

21 (3) an examination of any noteworthy facts or 

22 circumstances relating to the use of a pen register 

23 or trap and trace device under such title, including 

24 any improper or illegal use of the authority provided 

25 under such title; and 


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1 (4) an examination of the effectiveness of the 

2 authority under such title as an investigative tool, 

3 including— 

4 (A) the importance of the information ac5 quired to the intelligence activities of the Fed6 eral Bureau of Investigation; 

7 (B) the manner in which the information is 

8 collected, retained, analyzed, and disseminated 

9 by the Federal Bureau of Investigation, includ10 ing any direct access to the information pro11 vided to any other department, agency, or in12 strumentality of Federal, State, local, or tribal 

13 governments or any private sector entity; 

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

15 Bureau of Investigation used information ac16 quired under a pen register or trap and trace 

17 device under such title to produce an analytical 

18 intelligence product for distribution within the 

19 Federal Bureau of Investigation, to the intel20 ligence community, or to another department, 

21 agency, or instrumentality of Federal, State, 

22 local, or tribal governments; and 

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

24 Bureau of Investigation provided information 

25 acquired under a pen register or trap and trace 


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1 device under such title to law enforcement au2 thorities for use in criminal proceedings. 

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

4 Inspector General of the Department of Justice shall sub5 mit to the Committee on the Judiciary and the Select 

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

9 report containing the results of the audits conducted 

10 under subsection (a) for calendar years 2010 through 

11 2013. 

12 (d) INTELLIGENCE ASSESSMENT.— 

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

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

15 2013, the Inspector General of the Intelligence Com16 munity shall— 

17 (A) assess the importance of the informa18 tion to the activities of the intelligence commu19 nity; 

20 (B) examine the manner in which the in21 formation was collected, retained, analyzed, and 

22 disseminated; 

23 (C) describe any noteworthy facts or cir24 cumstances relating to orders under title IV of 


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1 the Foreign Intelligence Surveillance Act of 

2 1978 (50 U.S.C. 1841 et seq.); and 

3 (D) examine any minimization procedures 

4 used by elements of the intelligence community 

5 in relation to pen registers and trap and trace 

6 devices under title IV of the Foreign Intel7 ligence Surveillance Act of 1978 (50 U.S.C. 

8 1841 et seq.) and whether the minimization 

9 procedures adequately protect the constitutional 

10 rights of United States persons. 

11 (2) SUBMISSION DATES FOR ASSESSMENT.— 

12 Not later than December 31, 2014, the Inspector 

13 General of the Intelligence Community shall submit 

14 to the Committee on the Judiciary and the Select 

15 Committee on Intelligence of the Senate and the 

16 Committee on the Judiciary and the Permanent Se17 lect Committee on Intelligence of the House of Rep18 resentatives a report containing the results of the 

19 assessment for calendar years 2010 through 2013. 

20 (e) PRIOR NOTICE TO ATTORNEY GENERAL AND DI21 RECTOR OF NATIONAL INTELLIGENCE; COMMENTS.— 

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

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

24 the Inspector General of the Department of Justice 

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1 munity shall provide the report to the Attorney Gen2 eral and the Director of National Intelligence. 

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

4 Director of National Intelligence may provide such 

5 comments to be included in any report submitted 

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

7 or the Director of National Intelligence may consider 

8 necessary. 

9 (f) UNCLASSIFIED FORM.—Each report submitted 

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

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

12 form, but may include a classified annex. 

13 (g) DEFINITIONS.—In this section— 

14 (1) the terms ‘‘Attorney General’’, ‘‘foreign in15 telligence information’’, and ‘‘United States person’’ 

16 have the meanings given those terms in section 101 

17 of the Foreign Intelligence Surveillance Act of 1978 

18 (50 U.S.C. 1801); 

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

20 meaning given that term in section 3 of the National 

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

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

23 meaning given that term in section 401 of the For24 eign Intelligence Surveillance Act of 1978 (50 

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


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

2 trace device’’ have the meanings given those terms 

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

4 TITLE III—FISA ACQUISITIONS 

5 TARGETING PERSONS OUT6 SIDE THE UNITED STATES RE7 FORMS 

8 SEC. 301. CLARIFICATION ON PROHIBITION ON SEARCHING 

9 OF COLLECTIONS OF COMMUNICATIONS TO 

10 CONDUCT WARRANTLESS SEARCHES FOR 

11 THE COMMUNICATIONS OF UNITED STATES 

12 PERSONS. 

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

15 (1) by redesignating paragraphs (1) through 

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

17 and indenting such subparagraphs, as so redesig18 nated, an additional two ems from the left margin; 

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

20 the following: 

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

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

23 paragraph: 


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1 ‘‘(2) CLARIFICATION ON PROHIBITION ON

2 SEARCHING OF COLLECTIONS OF COMMUNICATIONS

3 OF UNITED STATES PERSONS.— 

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

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

6 United States may conduct a search of a collec7 tion of communications acquired under this sec8 tion in an effort to find communications of a 

9 particular United States person (other than a 

10 corporation). 

11 ‘‘(B) CONCURRENT AUTHORIZATION AND

12 EXCEPTION FOR EMERGENCY SITUATIONS.— 

13 Subparagraph (A) shall not apply to a search 

14 for communications related to a particular 

15 United States person if— 

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

17 subject of an order or emergency author18 ization authorizing electronic surveillance 

19 or physical search under section 105, 304, 

20 703, 704, or 705, or title 18, United 

21 States Code, for the effective period of that 

22 order; 

23 ‘‘(ii) the entity carrying out the 

24 search has a reasonable belief that the life 

25 or safety of such United States person is 


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1 threatened and the information is sought 

2 for the purpose of assisting that person; or 

3 ‘‘(iii) such United States person has 

4 consented to the search.’’. 

5 SEC. 302. PROTECTION AGAINST COLLECTION OF WHOLLY 

6 DOMESTIC COMMUNICATIONS. 

7 (a) IN GENERAL.—Section 702 of the Foreign Intel8 ligence Surveillance Act of 1978 (50 U.S.C. 1881a) is 

9 amended— 

10 (1) in subsection (d)(1)— 

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

12 ‘‘and’’ at the end; 

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

14 period and inserting ‘‘; and’’; and 

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

16 subparagraph: 

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

18 of any communication to those communica19 tions— 

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

21 the acquisition; or 

22 ‘‘(ii) that contain an account identifier 

23 of a target of an acquisition, only if such 

24 communications are acquired to protect 

25 against international terrorism or the 


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1 international proliferation of weapons of 

2 mass destruction.’’; and 

3 (2) in subsection (i)(2)(B)— 

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

5 inserting a semicolon; 

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

7 and inserting ‘‘; and’’; and 

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

9 clause: 

10 ‘‘(iii) limit the acquisition of the con11 tents of any communication to those com12 munications— 

13 ‘‘(I) to which any party is a tar14 get of the acquisition; or 

15 ‘‘(II) that contain an account 

16 identifier of the target of an acquisi17 tion, only if such communications are 

18 acquired to protect against inter19 national terrorism or the international 

20 proliferation of weapons of mass de21 struction.’’. 

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

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

24 1881) is amended— 

25 (1) in subsection (a)— 


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1 (A) by inserting ‘‘ ‘international ter2 rorism’,’’ after ‘‘ ‘foreign power’,’’; and 

3 (B) by striking ‘‘and ‘United States per4 son’ ’’ and inserting ‘‘ ‘United States person’, 

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

6 (2) in subsection (b)— 

7 (A) by redesignating paragraphs (1) 

8 through (5) as paragraphs (2) through (6), re9 spectively; and 

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

11 so redesignated, the following new paragraph: 

12 ‘‘(1) ACCOUNT IDENTIFIER.—The term ‘ac13 count identifier’ means a telephone or instrument 

14 number, other subscriber number, email address, or 

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

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

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

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

19 SEC. 303. PROHIBITION ON REVERSE TARGETING. 

20 Section 702(b)(1)(B) of the Foreign Intelligence Sur21 veillance Act of 1978 (50 U.S.C. 1881a), as redesignated 

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

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


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1 SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED IN2 FORMATION. 

3 Section 702(i)(3) of the Foreign Intelligence Surveil4 lance Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by 

5 striking subparagraph (B) and inserting the following new 

6 subparagraph: 

7 ‘‘(B) CORRECTION OF DEFICIENCIES.— 

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

9 that a certification required by subsection 

10 (g) does not contain all of the required ele11 ments, or that the procedures required by 

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

13 with the requirements of those subsections 

14 or the Fourth Amendment to the Constitu15 tion of the United States, the Court shall 

16 issue an order directing the Government 

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

18 extent required by the order of the 

19 Court— 

20 ‘‘(I) correct any deficiency identi21 fied by the order of the Court not 

22 later than 30 days after the date on 

23 which the Court issues the order; or 

24 ‘‘(II) cease, or not begin, the im25 plementation of the authorization for 


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1 which such certification was sub2 mitted. 

3 ‘‘(ii) LIMITATION ON USE OF INFOR4 MATION.— 

5 ‘‘(I) IN GENERAL.—Except as 

6 provided in subclause (II), no infor7 mation obtained or evidence derived 

8 from an acquisition pursuant to a cer9 tification or targeting or minimization 

10 procedures subject to an order under 

11 clause (i) concerning any United 

12 States person shall be received in evi13 dence or otherwise disclosed in any 

14 trial, hearing, or other proceeding in 

15 or before any court, grand jury, de16 partment, office, agency, regulatory 

17 body, legislative committee, or other 

18 authority of the United States, a 

19 State, or political subdivision thereof, 

20 and no information concerning any 

21 United States person acquired from 

22 the acquisition shall subsequently be 

23 used or disclosed in any other manner 

24 by Federal officers or employees with25 out the consent of the United States 


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1 person, except with the approval of 

2 the Attorney General if the informa3 tion indicates a threat of death or se4 rious bodily harm to any person. 

5 ‘‘(II) EXCEPTION.—If the Gov6 ernment corrects any deficiency iden7 tified by the order of the Court under 

8 clause (i), the Court may permit the 

9 use or disclosure of information ac10 quired before the date of the correc11 tion under such minimization proce12 dures as the Court shall establish for 

13 purposes of this clause.’’. 

14 SEC. 305. MODIFICATION OF FISA AMENDMENTS ACT OF 

15 2008 SUNSET. 

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

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

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

19 2017’’ and inserting ‘‘June 1, 2015’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

23 and inserting ‘‘June 1, 2015’’. 

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

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


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1 amended in the paragraph heading by striking ‘‘DECEM2 BER 31, 2017’’ and inserting ‘‘JUNE 1, 2015’’. 

3 SEC. 306. INSPECTOR GENERAL REVIEWS OF AUTHORITIES. 

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

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

6 1881a(l)(2)) is amended— 

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

8 by striking ‘‘authorized to acquire foreign intel9 ligence information under subsection (a)’’ and in10 serting ‘‘subject to the targeting or minimization 

11 procedures approved under this section’’; 

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

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

14 and 

15 (3) in subparagraph (D)— 

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

17 striking ‘‘such review’’ and inserting ‘‘review 

18 conducted under this paragraph’’; 

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

20 end; 

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

22 (iv); and 

23 (D) by inserting after clause (ii) the fol24 lowing new clause: 


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1 ‘‘(iii) the Inspector General of the In2 telligence Community; and’’. 

3 (b) INSPECTOR GENERAL OF THE INTELLIGENCE

4 COMMUNITY REVIEW.— 

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

6 the Foreign Intelligence Surveillance Act of 1978 

7 (50 U.S.C. 1881a(l)) is amended— 

8 (A) by redesignating paragraph (3) as 

9 paragraph (4); and 

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

11 following new paragraph: 

12 ‘‘(3) INSPECTOR GENERAL OF THE INTEL13 LIGENCE COMMUNITY REVIEW.— 

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

15 of the Intelligence Community is authorized to 

16 review the acquisition, use, and dissemination 

17 of information acquired under subsection (a) to 

18 review compliance with the targeting and mini19 mization procedures adopted in accordance with 

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

21 adopted in accordance with subsection (f), and 

22 in order to conduct the review required under 

23 subparagraph (B). 

24 ‘‘(B) MANDATORY REVIEW.—The Inspec25 tor General of the Intelligence Community shall 


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1 review the procedures and guidelines developed 

2 by the elements of the intelligence community 

3 to implement this section, with respect to the 

4 protection of the privacy rights of United States 

5 persons, including— 

6 ‘‘(i) an evaluation of the limitations 

7 outlined in subsection (b), the procedures 

8 approved in accordance with subsections 

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

10 accordance with subsection (f), with re11 spect to the protection of the privacy rights 

12 of United States persons; and 

13 ‘‘(ii) an evaluation of the cir14 cumstances under which the contents of 

15 communications acquired under subsection 

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

17 communications of particular United 

18 States persons. 

19 ‘‘(C) CONSIDERATION OF OTHER REVIEWS

20 AND ASSESSMENTS.—In conducting a review 

21 under subparagraph (B), the Inspector General 

22 of the Intelligence Community shall take into 

23 consideration, to the extent relevant and appro24 priate, any reviews or assessments that have 


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1 been completed or are being undertaken under 

2 this section. 

3 ‘‘(D) PUBLIC REPORTING OF FINDINGS

4 AND CONCLUSIONS.—In a manner consistent 

5 with the protection of the national security of 

6 the United States, and in unclassified form, the 

7 Inspector General of the Intelligence Commu8 nity shall make publicly available a summary of 

9 the findings and conclusions of the review con10 ducted under subparagraph (B).’’. 

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

12 2014, the Inspector General of the Intelligence Com13 munity shall submit a report regarding the reviews 

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

15 the Foreign Intelligence Surveillance Act of 1978 

16 (50 U.S.C. 1881a(l)), as amended by paragraph (1) 

17 of this subsection, to— 

18 (A) the Attorney General; 

19 (B) the Director of National Intelligence; 

20 and 

21 (C) consistent with the Rules of the House 

22 of Representatives, the Standing Rules of the 

23 Senate, and Senate Resolution 400 of the 94th 

24 Congress or any successor Senate resolution— 


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1 (i) the congressional intelligence com2 mittees; and 

3 (ii) the Committee on the Judiciary of 

4 the Senate and the Committee on the Ju5 diciary of the House of Representatives. 

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

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

8 1881a(l)(4)(A)), as redesignated by subsection (b)(1), is 

9 amended— 

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

11 (A) in the first sentence— 

12 (i) by striking ‘‘conducting an acquisi13 tion authorized under subsection (a)’’ and 

14 inserting ‘‘subject to targeting or mini15 mization procedures approved under this 

16 section’’; and 

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

18 inserting ‘‘acquisitions under subsection 

19 (a)’’; and 

20 (B) in the second sentence, by striking 

21 ‘‘acquisitions’’ and inserting ‘‘information ob22 tained through an acquisition’’; and 

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

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


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1 TITLE IV—FOREIGN INTEL2 LIGENCE SURVEILLANCE 

3 COURT REFORMS 

4 SEC. 401. OFFICE OF THE SPECIAL ADVOCATE. 

5 (a) ESTABLISHMENT.—The Foreign Intelligence Sur6 veillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended 

7 by adding at the end the following new title: 

8 ‘‘TITLE IX—OFFICE OF THE 

9 SPECIAL ADVOCATE 

10 ‘‘SEC. 901. DEFINITIONS. 

11 ‘‘In this title: 

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

13 decision, order, or opinion issued by the Foreign In14 telligence Surveillance Court or the Foreign Intel15 ligence Surveillance Court of Review. 

16 ‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE

17 COURT; COURT.—The terms ‘Foreign Intelligence 

18 Surveillance Court’ and ‘Court’ mean the court es19 tablished under section 103(a) and the petition re20 view pool established under section 103(e). 

21 ‘‘(3) FOREIGN INTELLIGENCE SURVEILLANCE

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

23 ‘Foreign Intelligence Surveillance Court of Review’ 

24 and ‘Court of Review’ mean the court of review es25 tablished under section 103(b). 


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1 ‘‘(4) OFFICE.—The term ‘Office’ means the Of2 fice of the Special Advocate established under sec3 tion 902(a). 

4 ‘‘(5) SIGNIFICANT CONSTRUCTION OR INTER5 PRETATION OF LAW.—The term ‘significant con6 struction or interpretation of law’ means a signifi7 cant construction or interpretation of a provision, as 

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

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

10 Advocate’ means the Special Advocate appointed 

11 under section 902(b). 

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

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

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

15 Special Advocate. 

16 ‘‘(b) SPECIAL ADVOCATE.— 

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

18 the Special Advocate. 

19 ‘‘(2) APPOINTMENT AND TERM.— 

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

21 the United States shall appoint the Special Ad22 vocate from the list of candidates submitted 

23 under subparagraph (B). 

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

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1 mit to the Chief Justice a list of not less than 

2 5 qualified candidates to serve as Special Advo3 cate. The Board shall select candidates for such 

4 list whom the Board believes will be zealous and 

5 effective advocates in defense of civil liberties 

6 and consider with respect to each potential can7 didate— 

8 ‘‘(i) the litigation and other profes9 sional experience of such candidate; 

10 ‘‘(ii) the experience of such candidate 

11 in areas of law that the Special Advocate 

12 is likely to encounter in the course of the 

13 duties of the Special Advocate; and 

14 ‘‘(iii) the demonstrated commitment 

15 of such candidate to civil liberties. 

16 ‘‘(C) SECURITY CLEARANCE.—An indi17 vidual may be appointed Special Advocate with18 out regard to whether the individual possesses 

19 a security clearance on the date of the appoint20 ment. 

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

22 Advocate shall be appointed for a term of 3 

23 years and may be removed only for good cause 

24 shown, including the demonstrated inability to 

25 qualify for an adequate security clearance. 


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

2 limit to the number of consecutive terms served 

3 by a Special Advocate. The reappointment of a 

4 Special Advocate shall be made in the same 

5 manner as appointment of a Special Advocate. 

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

7 position of Special Advocate is vacant, the Chief 

8 Justice of the United States may appoint an 

9 Acting Special Advocate from among the quali10 fied employees of the Office. If there are no 

11 such qualified employees, the Chief Justice may 

12 appoint an Acting Special Advocate from the 

13 most recent list of candidates provided by the 

14 Privacy and Civil Liberties Oversight Board 

15 pursuant to subparagraph (B). The Acting Spe16 cial Advocate shall have all of the powers of a 

17 Special Advocate and shall serve until a Special 

18 Advocate is appointed. 

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

20 appoint and terminate and fix the compensation of 

21 employees of the Office without regard to the provi22 sions of title 5, United States Code, governing ap23 pointments in the competitive service. 

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

25 ADVOCATE.— 


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

2 ‘‘(A) may consider any request for con3 sultation by a party who has been served with 

4 an order or directive issued under this Act re5 quiring the party to provide information, facili6 ties, or assistance to the Federal Government; 

7 ‘‘(B) may request to participate in a pro8 ceeding before the Foreign Intelligence Surveil9 lance Court; 

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

11 such request is granted; 

12 ‘‘(D) shall participate in a proceeding be13 fore the Court if appointed to participate by the 

14 Court under section 903(a); 

15 ‘‘(E) may request reconsideration of a de16 cision of the Court under section 903(b); 

17 ‘‘(F) may appeal or seek review of a deci18 sion of the Court or the Foreign Intelligence 

19 Surveillance Court of Review under section 904; 

20 and 

21 ‘‘(G) shall participate in such appeal or re22 view. 

23 ‘‘(2) ACCESS TO APPLICATIONS AND DECI24 SIONS.— 


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1 ‘‘(A) APPLICATIONS.—The Attorney Gen2 eral shall provide to the Special Advocate each 

3 application submitted to a judge of the Foreign 

4 Intelligence Surveillance Court under this Act 

5 at the same time as the Attorney General sub6 mits such applications. 

7 ‘‘(B) DECISIONS.—The Foreign Intel8 ligence Surveillance Court and the Foreign In9 telligence Surveillance Court of Review shall 

10 provide to the Special Advocate access to each 

11 decision of the Court and the Court of Review, 

12 respectively, issued after the date of the enact13 ment of the USA FREEDOM Act and all docu14 ments and other material relevant to such deci15 sion in complete, unredacted form. 

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

17 vigorously advocate before the Foreign Intelligence 

18 Surveillance Court or the Foreign Intelligence Sur19 veillance Court of Review, as appropriate, in support 

20 of legal interpretations that protect individual pri21 vacy and civil liberties. 

22 ‘‘(4) OUTSIDE COUNSEL.—The Special Advo23 cate may delegate to a competent outside counsel 

24 who has or is able to obtain an appropriate security 

25 clearance any duty or responsibility of the Special 


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1 Advocate set out in subparagraph (E) or (F) of 

2 paragraph (1) with respect to participation in a mat3 ter before the Court, the Court of Review, or the Su4 preme Court of the United States. 

5 ‘‘(5) AVAILABILITY OF DOCUMENTS AND MATE6 RIAL.—The Court or the Court of Review, as appro7 priate, shall order any agency, department, or entity 

8 to make available to the Special Advocate, or appro9 priate outside counsel if the Special Advocate has 

10 delegated duties or responsibilities to the outside 

11 counsel under paragraph (4), any documents or 

12 other material necessary to carry out the duties de13 scribed in paragraph (1). 

14 ‘‘(d) SECURITY CLEARANCES.—The appropriate de15 partments, agencies, and elements of the Executive branch 

16 shall cooperate with the Office, to the extent possible 

17 under existing procedures and requirements, to expedi18 tiously provide the Special Advocate, appropriate employ19 ees of the Office, and outside counsel to whom the Special 

20 Advocate delegates a duty or responsibility under sub21 section (c)(4) with the security clearances necessary to 

22 carry out the duties of the Special Advocate. 

23 ‘‘SEC. 903. ADVOCACY BEFORE THE FOREIGN INTEL24 LIGENCE SURVEILLANCE COURT. 

25 ‘‘(a) APPOINTMENT TO PARTICIPATE.— 


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

2 Surveillance Court may appoint the Special Advocate 

3 to participate in a proceeding before the Court. 

4 ‘‘(2) STANDING.—If the Special Advocate is ap5 pointed to participate in a Court proceeding pursu6 ant to paragraph (1), the Special Advocate shall 

7 have standing as a party before the Court in that 

8 proceeding. 

9 ‘‘(b) RECONSIDERATION OF A FOREIGN INTEL10 LIGENCE SURVEILLANCE COURT DECISION.— 

11 ‘‘(1) AUTHORITY TO MOVE FOR RECONSIDER12 ATION.—The Special Advocate may move the Court 

13 to reconsider any decision of the Court made after 

14 the date of the enactment of the USA FREEDOM 

15 Act by petitioning the Court not later than 30 days 

16 after the date on which all documents and materials 

17 relevant to the decision are made available to the 

18 Special Advocate. 

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

20 shall have discretion to grant or deny a motion for 

21 reconsideration made pursuant to paragraph (1). 

22 ‘‘(c) AMICI CURIAE PARTICIPATION.— 

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

24 The Special Advocate may file a motion with the 

25 Court to permit and facilitate participation of amici 


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1 curiae, including participation in oral argument if 

2 appropriate, in any proceeding. The Court shall have 

3 the discretion to grant or deny such a motion. 

4 ‘‘(2) FACILITATION BY THE FOREIGN INTEL5 LIGENCE SURVEILLANCE COURT.—The Court may, 

6 sua sponte, permit and facilitate participation by 

7 amici curiae, including participation in oral argu8 ment if appropriate, in proceedings before the Court. 

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

10 after the date of the enactment of USA FREEDOM 

11 Act, the Court shall promulgate regulations to pro12 vide the public with information sufficient to allow 

13 interested parties to participate as amici curiae. 

14 ‘‘SEC. 904. APPELLATE REVIEW. 

15 ‘‘(a) APPEAL OF FOREIGN INTELLIGENCE SURVEIL16 LANCE COURT DECISIONS.— 

17 ‘‘(1) AUTHORITY TO APPEAL.—The Special Ad18 vocate may appeal any decision of the Foreign Intel19 ligence Surveillance Court issued after the date of 

20 the enactment of the USA FREEDOM Act not later 

21 than 90 days after the date on which the decision 

22 is issued. 

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

24 Advocate appeals a decision of the Court pursuant 

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


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1 standing as a party before the Foreign Intelligence 

2 Surveillance Court of Review in such appeal. 

3 ‘‘(3) MANDATORY REVIEW.—The Court of Re4 view shall review any Foreign Intelligence Surveil5 lance Court decision appealed by the Special Advo6 cate and issue a decision in such appeal, unless it 

7 would be apparent to all reasonable jurists that such 

8 decision is dictated by statute or by precedent. 

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

10 a mandatory review of a Foreign Intelligence Sur11 veillance Court decision pursuant to paragraph (3) 

12 shall be— 

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

14 and 

15 ‘‘(B) clearly erroneous with respect to de16 termination of facts. 

17 ‘‘(5) AMICI CURIAE PARTICIPATION.— 

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

19 shall accept amici curiae briefs from interested 

20 parties in all mandatory reviews pursuant to 

21 paragraph (3) and shall provide for amici cu22 riae participation in oral argument if appro23 priate. 

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

25 days after the date of the enactment of the 


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1 USA FREEDOM Act, the Court of Review 

2 shall promulgate regulations to provide the pub3 lic with information sufficient to allow inter4 ested parties to participate as amici curiae. 

5 ‘‘(b) REVIEW OF FOREIGN INTELLIGENCE SURVEIL6 LANCE COURT OF REVIEW DECISIONS.— 

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

8 seek a writ of certiorari from the Supreme Court of 

9 the United States for review of any decision of the 

10 Foreign Intelligence Surveillance Court of Review. 

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

12 Supreme Court of the United States relating to a 

13 petition of certiorari filed under paragraph (1) and 

14 any proceedings in a matter for which certiorari is 

15 granted, the Special Advocate shall have standing as 

16 a party. 

17 ‘‘SEC. 905. DISCLOSURE. 

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

19 General shall publicly disclose— 

20 ‘‘(1) all decisions issued by the Foreign Intel21 ligence Surveillance Court or the Foreign Intel22 ligence Surveillance Court of Review after July 10, 

23 2003, that include a significant construction or in24 terpretation of law; 


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

2 Special Advocate pursuant to this title; and 

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

4 after an appeal by the Special Advocate. 

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

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

7 Attorney General shall make available to the public docu8 ments sufficient— 

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

10 question addressed by the decision and how such 

11 question was resolved; 

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

13 which the matter arises; 

14 ‘‘(3) to describe the construction or interpreta15 tion of any statute, constitutional provision, or other 

16 legal authority relied on by the decision; and 

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

18 from any prior decision of the Court or Court of Re19 view. 

20 ‘‘(c) DOCUMENTS DESCRIBED.—The Attorney Gen21 eral shall satisfy the disclosure requirements in subsection 

22 (b) by— 

23 ‘‘(1) releasing a Court or Court of Review deci24 sion in its entirety or as redacted; 


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

2 of Review decision; or 

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

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

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

6 ‘‘(d) EXTENSIVE DISCLOSURE.—The Attorney Gen7 eral shall release as much information regarding the facts 

8 and analysis contained in a decision described in sub9 section (a) or documents described in subsection (c) as is 

10 consistent with legitimate national security concerns. 

11 ‘‘(e) TIMING OF DISCLOSURE.— 

12 ‘‘(1) DECISIONS ISSUED PRIOR TO ENACT13 MENT.—The Attorney General shall disclose a deci14 sion issued prior to the date of the enactment of the 

15 USA FREEDOM Act that is required to be dis16 closed under subsection (a)(1) not later than 180 

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

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

19 General shall release Court decisions appealed by the 

20 Special Advocate not later than 30 days after the 

21 date on which the appeal is filed. 

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

23 Attorney General shall release Court of Review deci24 sions for which the Special Advocate seeks a writ of 


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1 certiorari not later than 90 days after the date on 

2 which the petition is filed. 

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

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

5 Advocate may petition the Court or the Court of Re6 view to order— 

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

8 the Court or Court of Review, and documents 

9 or other material relevant to such a decision, 

10 previously designated as classified information; 

11 or 

12 ‘‘(B) the release of an unclassified sum13 mary of such decisions and documents. 

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

15 filed under paragraph (1) shall contain a detailed 

16 declassification proposal or a summary of the deci17 sion and documents that the Special Advocate pro18 poses to have released publicly. 

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

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

21 Advocate shall provide to the Attorney General 

22 a copy of each petition filed under paragraph 

23 (1). 

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

25 may oppose a petition filed under paragraph (1) 


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1 by submitting any objections in writing to the 

2 Court or the Court of Review, as appropriate, 

3 not later than 90 days after the date such peti4 tion was submitted. 

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

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

7 and taking into account any objections from the At8 torney General made under paragraph (3)(B), the 

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

10 declassify and make readily available to the public 

11 any decision, document, or other material requested 

12 in such petition, to the greatest extent possible, con13 sistent with legitimate national security consider14 ations. 

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

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

17 181 days after the date of the enactment of the 

18 USA FREEDOM Act, except with respect to a deci19 sion appealed by the Special Advocate. 

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

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

22 Special Advocate shall submit to Congress an annual re23 port on the implementation of this title. 

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

25 under subsection (a) shall— 


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

2 Special Advocate; 

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

4 of this title; and 

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

6 functioning of the Office or the operation of the For7 eign Intelligence Surveillance Court or the Foreign 

8 Intelligence Surveillance Court of Review that the 

9 Special Advocate considers appropriate.’’. 

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

11 of contents in the first section of the Foreign Intelligence 

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

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

14 following new items: 

‘‘TITLE IX—OFFICE OF THE SPECIAL ADVOCATE 

‘‘Sec. 901. Definitions. 

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

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

‘‘Sec. 904. Appellate review. 

‘‘Sec. 905. Disclosure. 

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

15 SEC. 402. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

16 DISCLOSURE OF OPINIONS. 

17 Section 103 of the Foreign Intelligence Surveillance 

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

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

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

21 (2) by inserting after subsection (f) the fol22 lowing new subsection: 


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1 ‘‘(g)(1) A judge of the court established under sub2 section (a) who authored an order, opinion, or other deci3 sion may sua sponte or on motion by a party request that 

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

5 available. 

6 ‘‘(2) Upon a request under paragraph (1), the pre7 siding judge of the court established under subsection (a), 

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

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

10 publicly available. 

11 ‘‘(3) Prior to making an order, opinion, or other deci12 sion of the court established under subsection (a) publicly 

13 available in accordance with this subsection, the presiding 

14 judge of such court may direct the Executive branch to 

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

16 such order, opinion, or other decision as necessary to en17 sure that properly classified information is appropriately 

18 protected.’’. 

19 SEC. 403. PRESERVATION OF RIGHTS. 

20 Nothing in this title or an amendment made by this 

21 title shall be construed— 

22 (1) to provide the Attorney General with au23 thority to prevent the FISA Court or FISA Court of 

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1 formation pursuant to this title or an amendment 

2 made by this title; and 

3 (2) to eliminate the public’s ability to secure in4 formation under section 552 of title 5, United States 

5 Code (commonly known as the ‘‘Freedom of Infor6 mation Act’’) or any other provision of law. 

7 TITLE V—NATIONAL SECURITY 

8 LETTER REFORMS 

9 SEC. 501. NATIONAL SECURITY LETTER AUTHORITY. 

10 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

11 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

12 title 18, United States Code, is amended— 

13 (1) in subsection (b)— 

14 (A) by striking ‘‘may—’’ and all that fol15 lows through the period at the end and insert16 ing the following: ‘‘may request the name, ad17 dress, length of service, and local and long dis18 tance toll billing records of a person or entity 

19 if the Director (or his designee) certifies in 

20 writing to the wire or electronic communication 

21 service provider to which the request is made 

22 that—’’; and 

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

24 paragraphs: 


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

2 toll billing records sought are relevant and material 

3 to an authorized investigation to protect against 

4 international terrorism or clandestine intelligence ac5 tivities, provided that such an investigation of a 

6 United States person is not conducted solely on the 

7 basis of activities protected by the First Amendment 

8 to the Constitution of the United States; and 

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

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

11 billing records sought pertain to— 

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

13 power; 

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

15 a foreign power who is the subject of such au16 thorized investigation; or 

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

18 known to, a suspected agent of a foreign 

19 power.’’; and 

20 (2) by adding at the end the following new sub21 section: 

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

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1 ings as in section 101 of the Foreign Intelligence Surveil2 lance Act of 1978 (50 U.S.C. 1801).’’. 

3 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

4 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

5 1114 of the Right to Financial Privacy Act of 1978 (12 

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

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

8 INTELLIGENCE AND PROTECTIVE PURPOSES. 

9 ‘‘(a) AUTHORIZATION.— 

10 ‘‘(1) IN GENERAL.—The Director of the Fed11 eral Bureau of Investigation, or a designee of the 

12 Director whose rank shall be no lower than Deputy 

13 Assistant Director at Bureau headquarters or Spe14 cial Agent in Charge in a Bureau field office, may 

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

16 institution, a request requiring the production of— 

17 ‘‘(A) the name of a customer of the finan18 cial institution; 

19 ‘‘(B) the address of a customer of the fi20 nancial institution; 

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

22 person has been, or was, a customer of the fi23 nancial institution (including the start date) 

24 and the type of service provided by the financial 

25 institution to the customer; and 


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

2 identifier associated with a customer of the fi3 nancial institution. 

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

5 subsection may not require the production of records 

6 or information not listed in paragraph (1). 

7 ‘‘(b) REQUIREMENTS.— 

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

9 subsection (a) shall— 

10 ‘‘(A) be subject to the requirements of sub11 sections (d) through (g) of section 2709 of title 

12 18, United States Code, in the same manner 

13 and to the same extent as those provisions 

14 apply with respect to a request under section 

15 2709(b) of title 18, United States Code, to a 

16 wire or electronic communication service pro17 vider; and 

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

19 that there are reasonable grounds to believe 

20 that the records or other things sought— 

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

22 authorized investigation (other than a 

23 threat assessment and provided that such 

24 an investigation of a United States person 

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1 tivities protected by the First Amendment 

2 to the Constitution of the United States) 

3 to— 

4 ‘‘(I) obtain foreign intelligence 

5 information not concerning a United 

6 States person; or 

7 ‘‘(II) protect against inter8 national terrorism or clandestine intel9 ligence activities; and 

10 ‘‘(ii) pertain to— 

11 ‘‘(I) a foreign power or an agent 

12 of a foreign power; 

13 ‘‘(II) the activities of a suspected 

14 agent of a foreign power who is the 

15 subject of such authorized investiga16 tion; or 

17 ‘‘(III) an individual in contact 

18 with, or known to, a suspected agent 

19 of a foreign power. 

20 ‘‘(2) DEFINITIONS.—For purposes of this sub21 section, the terms ‘agent of a foreign power’, ‘for22 eign intelligence information’, ‘foreign power’, ‘inter23 national terrorism’, and ‘United States person’ have 

24 the same meanings as in section 101 of the Foreign 


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

2 1801). 

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

4 purposes of this section (and sections 1115 and 1117, in5 sofar as the sections relate to the operation of this sec6 tion), the term ‘financial institution’ has the same mean7 ing as in subsections (a)(2) and (c)(1) of section 5312 of 

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

9 include only a financial institution any part of which is 

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

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

12 Samoa, the Commonwealth of the Northern Mariana Is13 lands, or the United States Virgin Islands.’’. 

14 (c) NATIONAL SECURITY LETTER AUTHORITY FOR

15 CERTAIN CONSUMER REPORT RECORDS.— 

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

17 Credit Reporting Act (15 U.S.C. 1681u) is amend18 ed— 

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

20 and inserting the following new subsections: 

21 ‘‘(a) AUTHORIZATION.— 

22 ‘‘(1) IN GENERAL.—The Director of the Fed23 eral Bureau of Investigation, or a designee of the 

24 Director whose rank shall be no lower than Deputy 

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1 cial Agent in Charge in a Bureau field office, may 

2 issue in writing and cause to be served on a con3 sumer reporting agency a request requiring the pro4 duction of— 

5 ‘‘(A) the name of a consumer; 

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

7 consumer; 

8 ‘‘(C) the current and former places of em9 ployment of a consumer; and 

10 ‘‘(D) the name and address of any finan11 cial institution (as that term is defined in sec12 tion 1101 of the Right to Financial Privacy Act 

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

14 maintains or has maintained an account, to the 

15 extent that the information is in the files of the 

16 consumer reporting agency. 

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

18 subsection may not require the production of a con19 sumer report. 

20 ‘‘(b) REQUIREMENTS.— 

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

22 subsection (a) shall— 

23 ‘‘(A) be subject to the requirements of sub24 sections (d) through (g) of section 2709 of title 

25 18, United States Code, in the same manner 


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1 and to the same extent as those provisions 

2 apply with respect to a request under section 

3 2709(b) of title 18, United States Code, to a 

4 wire or electronic communication service pro5 vider; and 

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

7 that there are reasonable grounds to believe 

8 that the records or other things sought— 

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

10 authorized investigation (other than a 

11 threat assessment and provided that such 

12 an investigation of a United States person 

13 is not conducted solely on the basis of ac14 tivities protected by the First Amendment 

15 to the Constitution of the United States) 

16 to— 

17 ‘‘(I) obtain foreign intelligence 

18 information not concerning a United 

19 States person; or 

20 ‘‘(II) protect against inter21 national terrorism or clandestine intel22 ligence activities; and 

23 ‘‘(ii) pertain to— 

24 ‘‘(I) a foreign power or an agent 

25 of a foreign power; 


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1 ‘‘(II) the activities of a suspected 

2 agent of a foreign power who is the 

3 subject of such authorized investiga4 tion; or 

5 ‘‘(III) an individual in contact 

6 with, or known to, a suspected agent 

7 of a foreign power. 

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

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

10 information’, ‘foreign power’, ‘international ter11 rorism’, and ‘United States person’ have the mean12 ing given such terms in section 101 of the Foreign 

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

14 1801).’’; 

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

16 and 

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

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

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

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

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

22 SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SE23 CURITY LETTERS. 

24 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

25 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 


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1 title 18, United States Code, is amended by striking sub2 section (c) and inserting the following new subsection: 

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

4 ‘‘(1) PROHIBITION.— 

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

6 issued under subparagraph (B) and notice of 

7 the right to judicial review under subsection (d) 

8 is provided, no wire or electronic communica9 tion service provider, or officer, employee, or 

10 agent thereof, that receives a request under 

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

12 the Director of the Federal Bureau of Inves13 tigation has sought or obtained access to infor14 mation or records under this section. 

15 ‘‘(B) CERTIFICATION.—The requirements 

16 of subparagraph (A) shall apply if the Director 

17 of the Federal Bureau of Investigation, or a 

18 designee of the Director whose rank shall be no 

19 lower than Deputy Assistant Director at Bu20 reau headquarters or a Special Agent in Charge 

21 of a Bureau field office, certifies that the ab22 sence of a prohibition of disclosure under this 

23 subsection may result in— 

24 ‘‘(i) endangering the life or physical 

25 safety of any person; 


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1 ‘‘(ii) flight from investigation or pros2 ecution; 

3 ‘‘(iii) destruction of or tampering with 

4 evidence; 

5 ‘‘(iv) intimidation of potential wit6 nesses; 

7 ‘‘(v) interference with diplomatic rela8 tions; 

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

10 a target, or the foreign power of which the 

11 target is an agent, of the interest of the 

12 Government in the target; or 

13 ‘‘(vii) otherwise seriously endangering 

14 the national security of the United States. 

15 ‘‘(2) EXCEPTION.— 

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

17 communication service provider, or officer, em18 ployee, or agent thereof, that receives a request 

19 under subsection (b) may disclose information 

20 otherwise subject to any applicable nondisclo21 sure requirement to— 

22 ‘‘(i) those persons to whom disclosure 

23 is necessary in order to comply with the re24 quest; 


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

2 legal advice or assistance regarding the re3 quest; or 

4 ‘‘(iii) other persons as permitted by 

5 the Director of the Federal Bureau of In6 vestigation or the designee of the Director. 

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

8 disclosure is made under subparagraph (A) 

9 shall be subject to the nondisclosure require10 ments applicable to a person to whom a request 

11 is issued under subsection (b) in the same man12 ner as the person to whom the request is 

13 issued. 

14 ‘‘(C) NOTICE.—Any recipient that dis15 closes to a person described in subparagraph 

16 (A) information otherwise subject to a non17 disclosure requirement shall notify the person of 

18 the applicable nondisclosure requirement. 

19 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE20 CIPIENTS.—At the request of the Director of 

21 the Federal Bureau of Investigation or the des22 ignee of the Director, any person making or in23 tending to make a disclosure under clause (i) or 

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

25 Director or such designee the person to whom 


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1 such disclosure will be made or to whom such 

2 disclosure was made prior to the request. 

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

4 for which a recipient has submitted a notification or 

5 filed a petition for judicial review under paragraph 

6 (3)(B), if the facts supporting a nondisclosure re7 quirement cease to exist, an appropriate official of 

8 the Federal Bureau of Investigation shall promptly 

9 notify the wire or electronic service provider, or offi10 cer, employee, or agent thereof, subject to the non11 disclosure requirement that the nondisclosure re12 quirement is no longer in effect.’’. 

13 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

14 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

15 1114 of the Right to Financial Privacy Act of 1978 (12 

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

17 is further amended— 

18 (1) by redesignating subsection (c) as sub19 section (d); and 

20 (2) by inserting after subsection (b) the fol21 lowing new subsection: 

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

23 ‘‘(1) PROHIBITION.— 

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

25 issued under subparagraph (B) and notice of 


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1 the right to judicial review under subsection (d) 

2 is provided, no financial institution, or officer, 

3 employee, or agent thereof, that receives a re4 quest under subsection (a) shall disclose to any 

5 person that the Federal Bureau of Investigation 

6 has sought or obtained access to information or 

7 records under subsection (a). 

8 ‘‘(B) CERTIFICATION.—The requirements 

9 of subparagraph (A) shall apply if the Director 

10 of the Federal Bureau of Investigation, or a 

11 designee of the Director whose rank shall be no 

12 lower than Deputy Assistant Director at Bu13 reau headquarters or a Special Agent in Charge 

14 of a Bureau field office, certifies that the ab15 sence of a prohibition of disclosure under this 

16 subsection may result in— 

17 ‘‘(i) endangering the life or physical 

18 safety of any person; 

19 ‘‘(ii) flight from investigation or pros20 ecution; 

21 ‘‘(iii) destruction of or tampering with 

22 evidence; 

23 ‘‘(iv) intimidation of potential wit24 nesses; 


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1 ‘‘(v) interference with diplomatic rela2 tions; 

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

4 a target, or the foreign power of which the 

5 target is an agent, of the interest of the 

6 Government in the target; or 

7 ‘‘(vii) otherwise seriously endangering 

8 the national security of the United States. 

9 ‘‘(2) EXCEPTION.— 

10 ‘‘(A) IN GENERAL.—A financial institu11 tion, or officer, employee, or agent thereof, that 

12 receives a request under subsection (a) may dis13 close information otherwise subject to any ap14 plicable nondisclosure requirement to— 

15 ‘‘(i) those persons to whom disclosure 

16 is necessary in order to comply with the re17 quest; 

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

19 legal advice or assistance regarding the re20 quest; or 

21 ‘‘(iii) other persons as permitted by 

22 the Director of the Federal Bureau of In23 vestigation or the designee of the Director. 

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

25 disclosure is made under subparagraph (A) 


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1 shall be subject to the nondisclosure require2 ments applicable to a person to whom a request 

3 is issued under subsection (a) in the same man4 ner as the person to whom the request is 

5 issued. 

6 ‘‘(C) NOTICE.—Any recipient that dis7 closes to a person described in subparagraph 

8 (A) information otherwise subject to a non9 disclosure requirement shall inform the person 

10 of the applicable nondisclosure requirement. 

11 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE12 CIPIENTS.—At the request of the Director of 

13 the Federal Bureau of Investigation or the des14 ignee of the Director, any person making or in15 tending to make a disclosure under clause (i) or 

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

17 Director or such designee the person to whom 

18 such disclosure will be made or to whom such 

19 disclosure was made prior to the request. 

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

21 for which a financial institution has submitted a no22 tification or filed a petition for judicial review under 

23 paragraph (3)(B), if the facts supporting a non24 disclosure requirement cease to exist, an appropriate 

25 official of the Federal Bureau of Investigation shall 


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1 promptly notify the financial institution, or officer, 

2 employee, or agent thereof, subject to the nondisclo3 sure requirement that the nondisclosure requirement 

4 is no longer in effect.’’. 

5 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

6 CREDIT REPORTS.—Section 626 of the Fair Credit Re7 porting Act (15 U.S.C. 1681u), as amended by section 

8 501(c) of this Act, is further amended by striking sub9 section (c) (as redesignated by section 501(c)(1)(D) of this 

10 Act) and inserting the following new subsection: 

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

12 ‘‘(1) PROHIBITION.— 

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

14 issued under subparagraph (B) and notice of 

15 the right to judicial review under subsection (d) 

16 is provided, no consumer reporting agency, or 

17 officer, employee, or agent thereof, that receives 

18 a request under subsection (a) shall disclose or 

19 specify in any consumer report, that the Fed20 eral Bureau of Investigation has sought or ob21 tained access to information or records under 

22 subsection (a) or (b). 

23 ‘‘(B) CERTIFICATION.—The requirements 

24 of subparagraph (A) shall apply if the Director 

25 of the Federal Bureau of Investigation, or a 


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1 designee of the Director whose rank shall be no 

2 lower than Deputy Assistant Director at Bu3 reau headquarters or a Special Agent in Charge 

4 of a Bureau field office, certifies that the ab5 sence of a prohibition of disclosure under this 

6 subsection may result in— 

7 ‘‘(i) endangering the life or physical 

8 safety of any person; 

9 ‘‘(ii) flight from investigation or pros10 ecution; 

11 ‘‘(iii) destruction of or tampering with 

12 evidence; 

13 ‘‘(iv) intimidation of potential wit14 nesses; 

15 ‘‘(v) interference with diplomatic rela16 tions; 

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

18 a target, or the foreign power of which the 

19 target is an agent, of the interest of the 

20 Government in the target; or 

21 ‘‘(vii) otherwise seriously endangering 

22 the national security of the United States. 

23 ‘‘(2) EXCEPTION.— 

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

25 agency, or officer, employee, or agent thereof, 


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1 that receives a request under subsection (a) 

2 may disclose information otherwise subject to 

3 any applicable nondisclosure requirement to— 

4 ‘‘(i) those persons to whom disclosure 

5 is necessary in order to comply with the re6 quest; 

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

8 legal advice or assistance regarding the re9 quest; or 

10 ‘‘(iii) other persons as permitted by 

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

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

14 disclosure is made under subparagraph (A) 

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

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

18 same manner as the person to whom the re19 quest is issued. 

20 ‘‘(C) NOTICE.—Any recipient that dis21 closes to a person described in subparagraph 

22 (A) information otherwise subject to a non23 disclosure requirement shall inform the person 

24 of the applicable nondisclosure requirement. 


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1 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE2 CIPIENTS.—At the request of the Director of 

3 the Federal Bureau of Investigation or the des4 ignee of the Director, any person making or in5 tending to make a disclosure under clause (i) or 

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

7 Director or such designee the person to whom 

8 such disclosure will be made or to whom such 

9 disclosure was made prior to the request. 

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

11 for which a consumer reporting agency has sub12 mitted a notification or filed a petition for judicial 

13 review under paragraph (3)(B), if the facts sup14 porting a nondisclosure requirement cease to exist, 

15 an appropriate official of the Federal Bureau of In16 vestigation shall promptly notify the consumer re17 porting agency, or officer, employee, or agent there18 of, subject to the nondisclosure requirement that the 

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

20 (d) INVESTIGATIONS OF PERSONS WITH ACCESS TO

21 CLASSIFIED INFORMATION.—Section 802 of the National 

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

23 striking subsection (b) and inserting the following new 

24 subsection: 

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


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1 ‘‘(1) PROHIBITION.— 

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

3 issued under subparagraph (B) and notice of 

4 the right to judicial review under subsection (c) 

5 is provided, no governmental or private entity, 

6 or officer, employee, or agent thereof, that re7 ceives a request under subsection (a), shall dis8 close to any person that an authorized inves9 tigative agency described in subsection (a) has 

10 sought or obtained access to information under 

11 subsection (a). 

12 ‘‘(B) CERTIFICATION.—The requirements 

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

14 an authorized investigative agency described in 

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

16 absence of a prohibition of disclosure under this 

17 subsection may result in— 

18 ‘‘(i) endangering the life or physical 

19 safety of any person; 

20 ‘‘(ii) flight from investigation or pros21 ecution; 

22 ‘‘(iii) destruction of or tampering with 

23 evidence; 

24 ‘‘(iv) intimidation of potential wit25 nesses; 


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1 ‘‘(v) interference with diplomatic rela2 tions; 

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

4 a target, or the foreign power of which the 

5 target is an agent, of the interest of the 

6 Government in the target; or 

7 ‘‘(vii) otherwise seriously endangering 

8 the national security of the United States. 

9 ‘‘(2) EXCEPTION.— 

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

11 private entity, or officer, employee, or agent 

12 thereof, that receives a request under sub13 section (a) may disclose information otherwise 

14 subject to any applicable nondisclosure require15 ment to— 

16 ‘‘(i) those persons to whom disclosure 

17 is necessary in order to comply with the re18 quest; 

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

20 legal advice or assistance regarding the re21 quest; or 

22 ‘‘(iii) other persons as permitted by 

23 the head of the authorized investigative 

24 agency described in subsection (a). 


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

2 disclosure is made under subparagraph (A) 

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

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

7 issued. 

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

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

12 of the applicable nondisclosure requirement. 

13 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE14 CIPIENTS.—At the request of the head of an 

15 authorized investigative agency described in 

16 subsection (a), or a designee, any person mak17 ing or intending to make a disclosure under 

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

19 identify to the head of the authorized investiga20 tive agency or such designee the person to 

21 whom such disclosure will be made or to whom 

22 such disclosure was made prior to the request. 

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

24 for which a governmental or private entity has sub25 mitted a notification or filed a petition for judicial 


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1 review under paragraph (3)(B), if the facts sup2 porting a nondisclosure requirement cease to exist, 

3 an appropriate official of the authorized investigative 

4 agency described in subsection (a) shall promptly no5 tify the governmental or private entity, or officer, 

6 employee, or agent thereof, subject to the nondisclo7 sure requirement that the nondisclosure requirement 

8 is no longer in effect.’’. 

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

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

11 and inserting the following new subsection: 

12 ‘‘(b) NONDISCLOSURE.— 

13 ‘‘(1) IN GENERAL.— 

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

15 for a report, records, or other information 

16 under section 2709 of this title, section 626 of 

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

18 1681u), section 1114 of the Right to Financial 

19 Privacy Act of 1978 (12 U.S.C. 3414), or sec20 tion 802 of the National Security Act of 1947 

21 (50 U.S.C. 3162), wishes to have a court review 

22 a nondisclosure requirement imposed in connec23 tion with the request, the recipient may notify 

24 the Government or file a petition for judicial re25 view in any court described in subsection (a). 


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

2 days after the date of receipt of a notification 

3 under subparagraph (A), the Government shall 

4 apply for an order prohibiting the disclosure of 

5 the existence or contents of the relevant re6 quest. An application under this subparagraph 

7 may be filed in the district court of the United 

8 States for the judicial district in which the re9 cipient of the order is doing business or in the 

10 district court of the United States for any judi11 cial district within which the authorized inves12 tigation that is the basis for the request is 

13 being conducted. The applicable nondisclosure 

14 requirement shall remain in effect during the 

15 pendency of proceedings relating to the require16 ment. 

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

18 the United States that receives a petition under 

19 subparagraph (A) or an application under sub20 paragraph (B) should rule expeditiously, and 

21 shall, subject to paragraph (3), issue a non22 disclosure order that includes conditions appro23 priate to the circumstances. 

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

25 for a nondisclosure order or extension thereof or a 


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1 response to a petition filed under paragraph (1) 

2 shall include a certification from the Attorney Gen3 eral, Deputy Attorney General, an Assistant Attor4 ney General, or the Director of the Federal Bureau 

5 of Investigation, or in the case of a request by a de6 partment, agency, or instrumentality of the Federal 

7 Government other than the Department of Justice, 

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

9 or instrumentality, containing a statement of specific 

10 facts indicating that the absence of a prohibition of 

11 disclosure under this subsection may result in— 

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

13 of any person; 

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

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

18 ‘‘(D) intimidation of potential witnesses; 

19 ‘‘(E) interference with diplomatic relations; 

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

21 target, or the foreign power of which the target 

22 is an agent, of the interest of the Government 

23 in the target; or 

24 ‘‘(G) otherwise seriously endangering the 

25 national security of the United States. 


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

2 United States shall issue a nondisclosure require3 ment order or extension thereof under this sub4 section if the court determines that there is reason 

5 to believe that disclosure of the information subject 

6 to the nondisclosure requirement during the applica7 ble time period will result in— 

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

9 of any person; 

10 ‘‘(B) flight from investigation or prosecu11 tion; 

12 ‘‘(C) destruction of or tampering with evi13 dence; 

14 ‘‘(D) intimidation of potential witnesses; 

15 ‘‘(E) interference with diplomatic relations; 

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

17 target, or the foreign power of which the target 

18 is an agent, of the interest of the Government 

19 in the target; or 

20 ‘‘(G) otherwise seriously endangering the 

21 national security of the United States.’’. 

22 SEC. 503. JUDICIAL REVIEW. 

23 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

24 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 


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

2 501(a) of this Act, is further amended— 

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

4 and (g) as subsections (e), (f), (g), and (h), respec5 tively; and 

6 (2) by inserting after subsection (c) the fol7 lowing new subsection: 

8 ‘‘(d) JUDICIAL REVIEW.— 

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

10 (b) or a non-disclosure requirement imposed in con11 nection with such request under subsection (c) shall 

12 be subject to judicial review under section 3511. 

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

14 shall include notice of the availability of judicial re15 view described in paragraph (1).’’. 

16 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

17 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

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

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

20 is further amended— 

21 (1) by redesignating subsection (d) (as redesig22 nated by such section 502(b)) as subsection (e); and 

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

25 ‘‘(d) JUDICIAL REVIEW.— 


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

2 (a) or a non-disclosure requirement imposed in con3 nection with such request under subsection (c) shall 

4 be subject to judicial review under section 3511 of 

5 title 18, United States Code. 

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

7 shall include notice of the availability of judicial re8 view described in paragraph (1).’’. 

9 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

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

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

12 502(c) of this Act, is further amended— 

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

14 (as redesignated by such section 502(c)) as sub15 sections (e) through (j), respectively; and 

16 (2) by inserting after subsection (c) the fol17 lowing new subsection: 

18 ‘‘(d) JUDICIAL REVIEW.— 

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

20 (a) or a non-disclosure requirement imposed in con21 nection with such request under subsection (c) shall 

22 be subject to judicial review under section 3511 of 

23 title 18, United States Code. 


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

2 shall include notice of the availability of judicial re3 view described in paragraph (1).’’. 

4 (d) INVESTIGATIONS OF PERSONS WITH ACCESS TO

5 CLASSIFIED INFORMATION.—Section 802 of the National 

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

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

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

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

11 ‘‘(c) JUDICIAL REVIEW.— 

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

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

15 be subject to judicial review under section 3511 of 

16 title 18, United States Code. 

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

18 shall include notice of the availability of judicial re19 view described in paragraph (1).’’. 

20 SEC. 504. INSPECTOR GENERAL REPORTS ON NATIONAL SE21 CURITY LETTERS. 

22 Section 119 of the USA PATRIOT Improvement and 

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

24 Stat. 219) is amended— 

25 (1) in subsection (b)— 


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

2 calendar years 2010 through 2013’’ after 

3 ‘‘2006’’; and 

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

5 such term is defined in section 3(4) of the Na6 tional Security Act of 1947 (50 U.S.C. 

7 401a(4)))’’; 

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

9 following new paragraph: 

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

11 Not later than December 31, 2014, the Inspector 

12 General of the Department of Justice shall submit 

13 to the Committee on the Judiciary and the Perma14 nent Select Committee on Intelligence of the House 

15 of Representatives and the Committee on the Judici16 ary and the Select Committee on Intelligence of the 

17 Senate a report containing the results of the audit 

18 conducted under subsection (a) for calendar years 

19 2010 through 2013.’’; 

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

21 following new subsection: 

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

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

24 ‘intelligence community’ has the meaning given that 


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1 term in section 3 of the National Security Act of 

2 1947 (50 U.S.C. 3003). 

3 ‘‘(2) NATIONAL SECURITY LETTER.—The term 

4 ‘national security letter’ means a request for infor5 mation under— 

6 ‘‘(A) section 2709(b) of title 18, United 

7 States Code (to access certain communication 

8 service provider records); 

9 ‘‘(B) section 1114 of the Right to Finan10 cial Privacy Act of 1978 (12 U.S.C. 

11 3414(a)(5)(A)) (to obtain financial institution 

12 customer records); 

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

14 Act of 1947 (50 U.S.C. 3162) (to obtain finan15 cial information, records, and consumer re16 ports); or 

17 ‘‘(D) section 626 of the Fair Credit Re18 porting Act (15 U.S.C. 1681u) (to obtain cer19 tain financial information and consumer re20 ports). 

21 ‘‘(3) UNITED STATES PERSON.—The term 

22 ‘United States person’ has the meaning given that 

23 term in section 101 of the Foreign Intelligence Sur24 veillance Act of 1978 (50 U.S.C. 1801).’’; 


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

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

3 (5) by inserting after subsection (c) the fol4 lowing new subsection: 

5 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

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

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

8 2013, the Inspector General of the Intelligence Com9 munity shall— 

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

11 letters by the intelligence community during the 

12 period; 

13 ‘‘(B) describe any noteworthy facts or cir14 cumstances relating to the use of national secu15 rity letters by the intelligence community, in16 cluding any improper or illegal use of such au17 thority; 

18 ‘‘(C) assess the importance of information 

19 received under the national security letters to 

20 the activities of the intelligence community; and 

21 ‘‘(D) examine the manner in which infor22 mation received under the national security let23 ters was collected, retained, analyzed, and dis24 seminated. 


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

2 Not later than December 31, 2014, the Inspector 

3 General of the Intelligence Community shall submit 

4 to the Committee on the Judiciary and the Select 

5 Committee on Intelligence of the Senate and the 

6 Committee on the Judiciary and the Permanent Se7 lect Committee on Intelligence of the House of Rep8 resentatives a report containing the results of the 

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

10 (6) in subsection (e), as redesignated by para11 graph (4)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘a report under sub14 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

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

16 (ii) by striking ‘‘Inspector General of 

17 the Department of Justice’’ and inserting 

18 ‘‘Inspector General of the Department of 

19 Justice, the Inspector General of the Intel20 ligence Community, and any Inspector 

21 General of an element of the intelligence 

22 community that prepares a report to assist 

23 the Inspector General of the Department 

24 of Justice or the Inspector General of the 


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1 Intelligence Community in complying with 

2 the requirements of this section’’; and 

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

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

6 under subsection (c) or (d)’’; and 

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

9 (A) by striking ‘‘The reports submitted 

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

12 (c)’’; and 

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

15 SEC. 505. NATIONAL SECURITY LETTER SUNSET. 

16 (a) REPEAL.—Effective on June 1, 2015— 

17 (1) section 2709 of title 18, United States 

18 Code, is amended to read as such provision read on 

19 October 25, 2001; 

20 (2) section 1114 of the Right to Financial Pri21 vacy Act of 1978 (12 U.S.C. 3414(a)(5)) is amended 

22 to read as such provision read on October 25, 2001; 

23 (3) subsections (a) and (b) of section 626 of the 

24 Fair Credit Reporting Act (15 U.S.C. 1681u) are 

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1 tively, of the second of the 2 sections designated as 

2 section 624 of such Act (15 U.S.C. 1681u) (relating 

3 to disclosure to the Federal Bureau of Investigation 

4 for counterintelligence purposes), as added by sec5 tion 601 of the Intelligence Authorization Act for 

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

7 974), read on October 25, 2001; and 

8 (4) section 802 of the National Security Act of 

9 1947 (50 U.S.C. 3162) is amended to read as such 

10 provision read on October 25, 2001. 

11 (b) TRANSITION PROVISION.—Notwithstanding sub12 section (a), the provisions of law referred to in subsection 

13 (a), as in effect on May 31, 2015, shall continue to apply 

14 on and after June 1, 2015, with respect to any particular 

15 foreign intelligence investigation or with respect to any 

16 particular offense or potential offense that began or oc17 curred before June 1, 2015. 

18 SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS. 

19 Section 3511 of title 18, United States Code, is 

20 amended in subsections (a), (c), and (d), by striking ‘‘or 

21 627(a)’’ each place it appears. 


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1 TITLE VI—FISA AND NATIONAL 

2 SECURITY LETTER TRANS3 PARENCY REFORMS 

4 SEC. 601. THIRD-PARTY REPORTING ON FISA ORDERS AND 

5 NATIONAL SECURITY LETTERS. 

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

7 may report information to the public in accordance with 

8 this section about demands and requests for information 

9 made by any Government entity under a surveillance law, 

10 and is exempt in accordance with subsection (d) from li11 ability with respect to that report, even if such provider 

12 would otherwise be prohibited by a surveillance law from 

13 reporting that information. 

14 (b) PERIODIC AGGREGATE REPORTS.—An electronic 

15 service provider may report such information not more 

16 often than quarterly and only to the following extent: 

17 (1) ESTIMATE OF NUMBERS OF DEMANDS AND

18 REQUESTS MADE.—The report may reveal an esti19 mate of the number of the demands and requests de20 scribed in subsection (a) made during the period to 

21 which the report pertains. 

22 (2) ESTIMATE OF NUMBERS OF DEMANDS AND

23 REQUESTS COMPLIED WITH.—The report may reveal 

24 an estimate of the numbers of the demands and re25 quests described in subsection (a) the electronic 


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1 service provider complied with during the period to 

2 which the report pertains, regardless of when the de3 mands or requests were made. 

4 (3) ESTIMATE OF NUMBER OF USERS OR AC5 COUNTS.—The report may reveal an estimate of the 

6 numbers of users or accounts, or both, of the elec7 tronic service provider, for which information was 

8 demanded, requested, or provided during the period 

9 to which the report pertains. 

10 (c) SPECIAL RULES FOR REPORTS.— 

11 (1) LEVEL OF DETAIL BY AUTHORIZING SUR12 VEILLANCE LAW.—Any estimate disclosed under this 

13 section may be an overall estimate or broken down 

14 by categories of authorizing surveillance laws or by 

15 provisions of authorizing surveillance laws. 

16 (2) LEVEL OF DETAIL BY NUMERICAL

17 RANGE.—Each estimate disclosed under this section 

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

19 is zero, an electronic service provider may report the 

20 estimate as zero. 

21 (3) REPORT MAY BE BROKEN DOWN BY PERI22 ODS NOT LESS THAN CALENDAR QUARTERS.—For 

23 any reporting period, an electronic service provider 

24 may break down the report by calendar quarters or 


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1 any other time periods greater than a calendar quar2 ter. 

3 (d) LIMITATION ON LIABILITY.—An electronic serv4 ice provider making a report that the electronic service 

5 provider reasonably believes in good faith is authorized by 

6 this section is not criminally or civilly liable in any court 

7 for making the report. 

8 (e) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to prohibit disclosures other than 

10 those authorized by this section. 

11 (f) DEFINITIONS.—In this section: 

12 (1) ELECTRONIC SERVICE PROVIDER.—The 

13 term ‘‘electronic service provider’’ means an elec14 tronic communications service provider (as that term 

15 is defined in section 2510 of title 18, United States 

16 Code) or a remote computing service provider (as 

17 that term is defined in section 2711 of title 18, 

18 United States Code). 

19 (2) SURVEILLANCE LAW.—The term ‘‘surveil20 lance law’’ means any provision of any of the fol21 lowing: 

22 (A) The Foreign Intelligence Surveillance 

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

24 (B) Section 802(a) of the National Secu25 rity Act of 1947 (50 U.S.C. 436(a)). 


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

2 Code. 

3 (D) Section 1114 of the Right to Financial 

4 Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)). 

5 (E) Subsection (a) or (b) of section 626 of 

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

7 1681u(a), 1681u(b)). 

8 (F) Section 627(a) of the Fair Credit Re9 porting Act (15 U.S.C. 1681v(a)) (as in effect 

10 on the day before the date of the enactment of 

11 this Act). 

12 SEC. 602. GOVERNMENT REPORTING ON FISA ORDERS. 

13 (a) ELECTRONIC SURVEILLANCE.— 

14 (1) REPORT OF ELECTRONIC SURVEILLANCE.— 

15 Section 107 of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1807) is amended— 

17 (A) by redesignating subsections (a) and 

18 (b) as paragraphs (1) and (2), respectively; 

19 (B) in the matter preceding paragraph (1) 

20 (as redesignated by subparagraph (A) of this 

21 paragraph)— 

22 (i) by striking ‘‘In April’’ and insert23 ing ‘‘(a) In April’’; and 

24 (ii) by striking ‘‘Congress’’ and insert25 ing ‘‘the Permanent Select Committee on 


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1 Intelligence and the Committee on the Ju2 diciary of the House of Representatives 

3 and the Select Committee on Intelligence 

4 and the Committee on the Judiciary of the 

5 Senate’’; 

6 (C) in subsection (a) (as designated by 

7 subparagraph (B) of this paragraph)— 

8 (i) in paragraph (1) (as redesignated 

9 by subparagraph (A) of this paragraph), 

10 by striking ‘‘; and’’ and inserting a semi11 colon; 

12 (ii) in paragraph (2) (as so redesig13 nated), by striking the period and inserting 

14 a semicolon; and 

15 (iii) by adding at the end the fol16 lowing new paragraphs: 

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

18 subject to electronic surveillance conducted under an 

19 order entered under this title, rounded to the nearest 

20 100; and 

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

22 who were subject to electronic surveillance conducted 

23 under an order entered under this title, rounded to 

24 the nearest 100.’’; and 


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

2 subsection: 

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

4 shall be submitted in unclassified form. 

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

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

7 such report publicly available.’’. 

8 (2) CONGRESSIONAL OVERSIGHT.—Section 

9 108(a)(1) of the Foreign Intelligence Surveillance 

10 Act of 1978 (50 U.S.C. 1808) is amended by strik11 ing ‘‘the House Permanent Select Committee on In12 telligence and the Senate Select Committee on Intel13 ligence, and the Committee on the Judiciary of the 

14 Senate’’ and inserting ‘‘the Permanent Select Com15 mittee on Intelligence and the Committee on the Ju16 diciary of the House of Representatives and the Se17 lect Committee on Intelligence and the Committee 

18 on the Judiciary of the Senate’’. 

19 (b) PHYSICAL SEARCHES.—Section 306 of the For20 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

21 1826) is amended— 

22 (1) in the first sentence, by striking ‘‘Perma23 nent Select Committee on Intelligence of the House 

24 of Representatives and the Select Committee on In25 telligence of the Senate, and the Committee on the 


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1 Judiciary of the Senate’’ and inserting ‘‘Permanent 

2 Select Committee on Intelligence and the Committee 

3 on the Judiciary of the House of Representatives 

4 and the Select Committee on Intelligence and the 

5 Committee on the Judiciary of the Senate’’; and 

6 (2) in the second sentence, by striking ‘‘and the 

7 Committee on the Judiciary of the House of Rep8 resentatives’’. 

9 (c) PEN REGISTER AND TRAP AND TRACE DE10 VICES.—Section 406 of the Foreign Intelligence Surveil11 lance Act of 1978 (50 U.S.C. 1846) is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (2), by striking ‘‘; and’’ 

14 and inserting a semicolon; 

15 (B) in paragraph (3), by striking the pe16 riod and inserting a semicolon; and 

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

18 paragraphs: 

19 ‘‘(4) each department or agency on behalf of 

20 which the Government has made application for or21 ders approving the use of pen registers or trap and 

22 trace devices under this title; 

23 ‘‘(5) for each department or agency described in 

24 paragraph (4), a breakdown of the numbers required 

25 by paragraphs (1), (2), and (3); 


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1 ‘‘(6) a good faith estimate of the total number 

2 of individuals who were targeted by the installation 

3 and use of a pen register or trap and trace device 

4 authorized under an order entered under this title, 

5 rounded to the nearest 100; 

6 ‘‘(7) a good faith estimate of the total number 

7 of United States persons who were targeted by the 

8 installation and use of a pen register or trap and 

9 trace device authorized under an order entered 

10 under this title, rounded to the nearest 100; and 

11 ‘‘(8) a good faith estimate of the total number 

12 of United States persons who were targeted by the 

13 installation and use of a pen register or trap and 

14 trace device authorized under an order entered 

15 under this title and whose information acquired by 

16 such pen register or trap and trace device was sub17 sequently reviewed or accessed by a Federal officer, 

18 employee, or agent, rounded to the nearest 100.’’; 

19 and 

20 (2) by adding at the end the following new sub21 section: 

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

23 shall be submitted in unclassified form. 


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

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

3 such report publicly available.’’. 

4 (d) ACCESS TO CERTAIN BUSINESS RECORDS AND

5 OTHER TANGIBLE THINGS.—Section 503 of the Foreign 

6 Intelligence Surveillance Act of 1978, as redesignated by 

7 section 101(c) of this Act, is amended— 

8 (1) in subsection (a), by striking ‘‘Permanent 

9 Select Committee on Intelligence of the House of 

10 Representatives and the Select Committee on Intel11 ligence and the Committee on the Judiciary of the 

12 Senate’’ and inserting after ‘‘Permanent Select 

13 Committee on Intelligence of the House of Rep14 resentatives, the Select Committee on Intelligence of 

15 the Senate, and the Committees on the Judiciary of 

16 the House of Representatives and the Senate’’; 

17 (2) in subsection (b)— 

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

19 by striking ‘‘to the preceding calendar year—’’ 

20 and inserting ‘‘to the preceding calendar year 

21 the following:’’; 

22 (B) in paragraph (1)— 

23 (i) by striking ‘‘the total’’ and insert24 ing ‘‘The total’’; and 


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1 (ii) by striking the semicolon and in2 serting a period; 

3 (C) in paragraph (2)— 

4 (i) by striking ‘‘the total’’ and insert5 ing ‘‘The total’’; and 

6 (ii) by striking ‘‘; and’’ and inserting 

7 a period; 

8 (D) in paragraph (3)— 

9 (i) in the matter preceding subpara10 graph (A), by striking ‘‘the number’’ and 

11 inserting ‘‘The number’’; and 

12 (ii) by adding at the end the following 

13 new subparagraphs: 

14 ‘‘(F) Records concerning electronic com15 munications. 

16 ‘‘(G) Records concerning wire communica17 tions.’’; and 

18 (E) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(4) A description of all other tangible things 

21 sought by an application made for the production of 

22 any tangible things under section 501, and the num23 ber of orders under such section 501 granted, modi24 fied, or denied, for each tangible thing. 


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1 ‘‘(5) A description of each order under section 

2 501 granted, modified, or denied for the production 

3 of tangible things on an ongoing basis. 

4 ‘‘(6) Each department or agency on whose be5 half the Director of the Federal Bureau of Investiga6 tion or a designee of the Director has made an ap7 plication for an order requiring the production of 

8 any tangible things under section 501. 

9 ‘‘(7) For each department or agency described 

10 in paragraph (6), a breakdown of the numbers and 

11 descriptions required by paragraphs (1), (2), (3), 

12 (4), and (5).’’; and 

13 (3) in subsection (c)— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (A), by striking ‘‘; 

16 and’’ and inserting a semicolon; 

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

18 the period and inserting a semicolon; and 

19 (iii) by adding at the end the fol20 lowing new subparagraphs: 

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

22 of individuals whose tangible things were produced 

23 under an order entered under section 501, rounded 

24 to the nearest 100; 


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

2 of United States persons whose tangible things were 

3 produced under an order entered under section 501, 

4 rounded to the nearest 100; and 

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

6 of United States persons whose tangible things were 

7 produced under an order entered under section 501 

8 and subsequently reviewed or accessed by a Federal 

9 officer, employee, or agent, rounded to the nearest 

10 100.’’; and 

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

12 paragraph: 

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

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

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

16 (e) ADDITIONAL PROCEDURES REGARDING CERTAIN

17 PERSONS OUTSIDE THE UNITED STATES.—Section 707 

18 of the Foreign Intelligence Surveillance Act of 1978 (50 

19 U.S.C. 1881f) is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(c) ADDITIONAL ANNUAL REPORT.— 

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

23 year, the Attorney General shall submit to the Per24 manent Select Committee on Intelligence and the 

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1 resentatives and the Select Committee on Intel2 ligence and the Committee on the Judiciary of the 

3 Senate a report setting forth with respect to the pre4 ceding year— 

5 ‘‘(A) the total number of— 

6 ‘‘(i) directives issued under section 

7 702; 

8 ‘‘(ii) orders granted under section 

9 703; and 

10 ‘‘(iii) orders granted under section 

11 704; 

12 ‘‘(B) good faith estimates of the total num13 ber of individuals, rounded to the nearest 100, 

14 whose electronic or wire communications or 

15 communications records were collected pursuant 

16 to— 

17 ‘‘(i) a directive issued under section 

18 702; 

19 ‘‘(ii) an order granted under section 

20 703; and 

21 ‘‘(iii) an order granted under section 

22 704; 

23 ‘‘(C) good faith estimates of the total num24 ber, rounded to the nearest 100, of United 

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1 nications or communications records were col2 lected pursuant to— 

3 ‘‘(i) a directive issued under section 

4 702; 

5 ‘‘(ii) an order granted under section 

6 703; and 

7 ‘‘(iii) an order granted under section 

8 704; and 

9 ‘‘(D) a good faith estimate of the total 

10 number of United States persons whose elec11 tronic or wire communications or communica12 tions records were collected pursuant to a direc13 tive issued under section 702 and subsequently 

14 reviewed or accessed by a Federal officer, em15 ployee, or agent, rounded to the nearest 100. 

16 ‘‘(2) FORM.—Each report required under para17 graph (1) shall be submitted in unclassified form. 

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

19 days after the date on which a report is submitted 

20 under paragraph (1), the Attorney General shall 

21 make such report publicly available.’’. 


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1 SEC. 603. GOVERNMENT REPORTING ON NATIONAL SECU2 RITY LETTERS. 

3 Section 118(c) of the USA PATRIOT Improvement 

4 and Reauthorization Act of 2005 (18 U.S.C. 3511 note) 

5 is amended to read as follows: 

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

8 ‘‘(1) CLASSIFIED FORM.— 

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

10 1, 2015, and every 180 days thereafter, the At11 torney General shall submit to the Select Com12 mittee on Intelligence, the Committee on the 

13 Judiciary, and the Committee on Banking, 

14 Housing, and Urban Affairs of the Senate and 

15 the Permanent Select Committee on Intel16 ligence, the Committee on the Judiciary, and 

17 the Committee on Financial Services of the 

18 House of Representatives a report fully inform19 ing the committees concerning the requests 

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

21 States Code, section 1114 of the Right to Fi22 nancial Privacy Act of 1978 (12 U.S.C. 

23 3414(a)(5)(A)), section 626 of the Fair Credit 

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

25 802 of the National Security Act of 1947 (50 

26 U.S.C. 3162) during the applicable period. 


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1 ‘‘(B) CONTENTS.—Each report under sub2 paragraph (A) shall include, for each provision 

3 of law described in subparagraph (A)— 

4 ‘‘(i) authorized requests under the 

5 provision, including requests for subscriber 

6 information; and 

7 ‘‘(ii) the number of authorized re8 quests under the provision— 

9 ‘‘(I) that relate to a United 

10 States person; 

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

12 is not a United States person; 

13 ‘‘(III) that relate to a person 

14 that is— 

15 ‘‘(aa) the subject of an au16 thorized national security inves17 tigation; or 

18 ‘‘(bb) an individual who has 

19 been in contact with or otherwise 

20 directly linked to the subject of 

21 an authorized national security 

22 investigation; and 

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

24 is not known to be the subject of an 


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1 authorized national security investiga2 tion. 

3 ‘‘(2) UNCLASSIFIED FORM.— 

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

5 1, 2015, and every 180 days thereafter, the At6 torney General shall submit to the Select Com7 mittee on Intelligence, the Committee on the 

8 Judiciary, and the Committee on Banking, 

9 Housing, and Urban Affairs of the Senate and 

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

12 the Committee on Financial Services of the 

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

15 total of all requests identified under paragraph 

16 (1) during the applicable period. Each report 

17 under this paragraph shall be in unclassified 

18 form. 

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

21 of requests— 

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

23 person; 

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

25 not a United States person; 


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

2 ‘‘(I) the subject of an authorized 

3 national security investigation; or 

4 ‘‘(II) an individual who has been 

5 in contact with or otherwise directly 

6 linked to the subject of an authorized 

7 national security investigation; and 

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

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

11 ‘‘(3) DEFINITIONS.—In this subsection: 

12 ‘‘(A) APPLICABLE PERIOD.—The term ‘ap13 plicable period’ means— 

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

15 submitted under paragraph (1) or (2), the 

16 period beginning 180 days after the date 

17 of enactment of the USA FREEDOM Act 

18 and ending on December 31, 2014; and 

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

20 submitted under paragraph (1) or (2), and 

21 each report thereafter, the 6-month period 

22 ending on the last day of the second month 

23 before the date for submission of the re24 port. 


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1 ‘‘(B) UNITED STATES PERSON.—The term 

2 ‘United States person’ has the meaning given 

3 that term in section 101 of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 

5 1801).’’. 

6 TITLE VII—PRIVACY AND CIVIL 

7 LIBERTIES OVERSIGHT 

8 BOARD SUBPOENA AUTHOR9 ITY 

10 SEC. 701. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

11 BOARD SUBPOENA AUTHORITY. 

12 Section 1061(g) of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 

14 amended— 

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

16 written request to the Attorney General of the 

17 United States that the Attorney General’’; 

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

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

20 paragraphs (2) and (3). 

Æ 


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