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

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

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uniting and 
Strengthening America by Fulfilling Rights and Ending Eavesdropping, 
Dragnet-collection, and Online Monitoring Act'' or the ``USA FREEDOM 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--FISA BUSINESS RECORDS REFORMS

Sec. 101. Privacy protections for business records orders.
Sec. 102. Inspector general reports on business records orders.
     TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORMS

Sec. 201. Privacy protections for pen registers and trap and trace 
                            devices.
Sec. 202. Inspector general reports on pen registers and trap and trace 
                            devices.
   TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED 
                             STATES REFORMS

Sec. 301. Clarification on prohibition on searching of collections of 
                            communications to conduct warrantless 
                            searches for the communications of United 
                            States persons.
Sec. 302. Protection against collection of wholly domestic 
                            communications.
Sec. 303. Prohibition on reverse targeting.
Sec. 304. Limits on use of unlawfully obtained information.
Sec. 305. Modification of FISA Amendments Act of 2008 sunset.
Sec. 306. Inspector general reviews of authorities.
       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401. Office of the Special Advocate.
Sec. 402. Foreign Intelligence Surveillance Court disclosure of 
                            opinions.
Sec. 403. Preservation of rights.
               TITLE V--NATIONAL SECURITY LETTER REFORMS

Sec. 501. National security letter authority.
Sec. 502. Limitations on disclosure of national security letters.
Sec. 503. Judicial review.
Sec. 504. Inspector general reports on national security letters.
Sec. 505. National security letter sunset.
Sec. 506. Technical and conforming amendments.
    TITLE VI--FISA AND NATIONAL SECURITY LETTER TRANSPARENCY REFORMS

Sec. 601. Third-party reporting on FISA orders and national security 
                            letters.
Sec. 602. Government reporting on FISA orders.
Sec. 603. Government reporting on national security letters.
    TITLE VII--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA 
                               AUTHORITY

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

                 TITLE I--FISA BUSINESS RECORDS REFORMS

SEC. 101. PRIVACY PROTECTIONS FOR BUSINESS RECORDS ORDERS.

    (a) Privacy Protections.--
            (1) In general.--Section 501(b) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861(b)) is amended--
                    (A) in paragraph (1)(B), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (2), by striking subparagraphs (A) 
                and (B) and inserting the following new subparagraphs:
                    ``(A) a statement of facts showing that there are 
                reasonable grounds to believe that the tangible things 
                sought--
                            ``(i) are relevant and material to an 
                        authorized investigation (other than a threat 
                        assessment) conducted in accordance with 
                        subsection (a)(2) to--
                                    ``(I) obtain foreign intelligence 
                                information not concerning a United 
                                States person; or
                                    ``(II) protect against 
                                international terrorism or clandestine 
                                intelligence activities; and
                            ``(ii) pertain to--
                                    ``(I) a foreign power or an agent 
                                of a foreign power;
                                    ``(II) the activities of a 
                                suspected agent of a foreign power who 
                                is the subject of such authorized 
                                investigation; or
                                    ``(III) an individual in contact 
                                with, or known to, a suspected agent of 
                                a foreign power; and
                    ``(B) a statement of proposed minimization 
                procedures; and''; and
                    (C) by adding at the end the following paragraph:
            ``(3) if the applicant is seeking a nondisclosure 
        requirement described in subsection (d), shall include--
                    ``(A) the time period during which the Government 
                believes the nondisclosure requirement should apply;
                    ``(B) a statement of facts showing that there are 
                reasonable grounds to believe that disclosure of 
                particular information about the existence or contents 
                of the order requiring the production of tangible 
                things under this section during such time period will 
                result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from investigation or 
                        prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations;
                            ``(vi) alerting a target, an associate of a 
                        target, or the foreign power of which the 
                        target is an agent, of the interest of the 
                        Government in the target; or
                            ``(vii) otherwise seriously endangering the 
                        national security of the United States; and
                    ``(C) an explanation of how the nondisclosure 
                requirement is narrowly tailored to address the 
                specific harm identified under subparagraph (B).''.
            (2) Order.--Section 501(c) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``subsections (a) and (b)'' 
                        and inserting ``subsection (a) and paragraphs 
                        (1) and (2) of subsection (b) and that the 
                        proposed minimization procedures meet the 
                        definition of minimization procedures under 
                        subsection (g)''; and
                            (ii) by striking the last sentence and 
                        inserting the following: ``If the judge finds 
                        that the requirements of subsection (b)(3) have 
                        been met, such order shall include a 
                        nondisclosure requirement, which may apply for 
                        not longer than 1 year, unless the facts 
                        justify a longer period of nondisclosure, 
                        subject to the principles and procedures 
                        described in subsection (d).''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (C), by inserting 
                        before the semicolon ``, if applicable'';
                            (ii) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following new 
                        subparagraph:
                    ``(F) shall direct that the minimization procedures 
                be followed.''.
            (3) Nondisclosure.--Section 501(d) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is 
        amended to read as follows:
    ``(d) Nondisclosure.--
            ``(1) In general.--No person who receives an order entered 
        under subsection (c) that contains a nondisclosure requirement 
        shall disclose to any person the particular information 
        specified in the nondisclosure requirement during the time 
        period to which the requirement applies.
            ``(2) Exception.--
                    ``(A) In general.--A person who receives an order 
                entered under subsection (c) that contains a 
                nondisclosure requirement may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary to comply with the order;
                            ``(ii) an attorney to obtain legal advice 
                        or assistance regarding the order; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom an order is directed under this section in the 
                same manner as the person to whom the order is 
                directed.
                    ``(C) Notice.--Any person who discloses to a person 
                described in subparagraph (A) information otherwise 
                subject to a nondisclosure requirement shall notify the 
                person of the applicable nondisclosure requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom 
                such disclosure will be made or to whom such disclosure 
                was made prior to the request.
            ``(3) Extension.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director (whose rank shall 
        be no lower than Assistant Special Agent in Charge), may apply 
        for renewals of the prohibition on disclosure of particular 
        information about the existence or contents of an order 
        requiring the production of tangible things under this section 
        for additional periods of not longer than 1 year, unless the 
        facts justify a longer period of nondisclosure. A nondisclosure 
        requirement shall be renewed if a court having jurisdiction 
        under paragraph (4) determines that the application meets the 
        requirements of subsection (b)(3).
            ``(4) Jurisdiction.--An application for a renewal under 
        this subsection shall be made to--
                    ``(A) a judge of the court established under 
                section 103(a); or
                    ``(B) a United States Magistrate Judge under 
                chapter 43 of title 28, United States Code, who is 
                publicly designated by the Chief Justice of the United 
                States to have the power to hear applications and grant 
                orders for the production of tangible things under this 
                section on behalf of a judge of the court established 
                under section 103(a).''.
            (4) Minimization.--Section 501(g) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is 
        amended--
                    (A) in paragraph (1), by striking ``Not later 
                than'' and all that follows and inserting ``At or 
                before the end of the period of time for the production 
                of tangible things under an order entered under this 
                section or at any time after the production of tangible 
                things under an order entered under this section, a 
                judge may assess compliance with the minimization 
                procedures required by such order by reviewing the 
                circumstances under which information concerning United 
                States persons was acquired, retained, or 
                disseminated.''; and
                    (B) in paragraph (2)(A), by inserting ``acquisition 
                and'' after ``to minimize the''.
            (5) Conforming amendment.--Section 501(f)(1)(B) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1861(f)(1)(B)) is amended by striking ``an order imposed under 
        subsection (d)'' and inserting ``a nondisclosure requirement 
        imposed in connection with a production order''.
    (b) Judicial Review.--Section 501(f)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) by striking ``that order'' and inserting ``such 
                production order or any nondisclosure order imposed in 
                connection with such production order''; and
                    (B) by striking the second sentence;
            (2) by striking subparagraph (C) and inserting the 
        following new subparagraph:
    ``(C) A judge considering a petition to modify or set aside a 
nondisclosure order shall grant such petition unless the court 
determines that--
            ``(i) there is reason to believe that disclosure of the 
        information subject to the nondisclosure requirement during the 
        time period in which such requirement is in effect will result 
        in--
                    ``(I) endangering the life or physical safety of 
                any person;
                    ``(II) flight from investigation or prosecution;
                    ``(III) destruction of or tampering with evidence;
                    ``(IV) intimidation of potential witnesses;
                    ``(V) interference with diplomatic relations;
                    ``(VI) alerting a target, an associate of a target, 
                or the foreign power of which the target is an agent, 
                of the interest of the Government in the target; or
                    ``(VII) otherwise seriously endangering the 
                national security of the United States; and
            ``(ii) the nondisclosure requirement is narrowly tailored 
        to address the specific harm identified under clause (i).''; 
        and
            (3) by adding at the end the following new subparagraph:
    ``(E) If a judge denies a petition to modify or set aside a 
nondisclosure order under this paragraph, no person may file another 
petition to modify or set aside such nondisclosure order until the date 
that is one year after the date on which such judge issues the denial 
of such petition.''.
    (c) Emergency Authority for Access to Call Detail Records.--
            (1) In general.--Title V of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended--
                    (A) by redesignating section 502 as section 503; 
                and
                    (B) by inserting after section 501 the following 
                new section:

``SEC. 502. EMERGENCY AUTHORITY FOR ACCESS TO CALL DETAIL RECORDS.

    ``(a) In General.--Notwithstanding any other provision of this 
title, the Attorney General may require the production of call detail 
records by the provider of a wire or electronic communication service 
on an emergency basis if--
            ``(1) such records--
                    ``(A) are relevant and material to an authorized 
                investigation (other than a threat assessment) 
                conducted in accordance with section 501(a)(2) to--
                            ``(i) obtain foreign intelligence 
                        information not concerning a United States 
                        person; or
                            ``(ii) protect against international 
                        terrorism or clandestine intelligence 
                        activities; and
                    ``(B) pertain to--
                            ``(i) a foreign power or an agent of a 
                        foreign power;
                            ``(ii) the activities of a suspected agent 
                        of a foreign power who is the subject of such 
                        authorized investigation; or
                            ``(iii) an individual in contact with, or 
                        known to, a suspected agent of a foreign power;
            ``(2) the Attorney General reasonably determines that--
                    ``(A) an emergency requires the production of such 
                records before an order requiring such production can 
                with due diligence be obtained under section 501; and
                    ``(B) the factual basis for issuance of an order 
                under section 501 to require the production of such 
                records exists;
            ``(3) a judge referred to in section 501(b)(1) is informed 
        by the Attorney General or a designee of the Attorney General 
        at the time of the required production of such records that the 
        decision has been made to require such production on an 
        emergency basis; and
            ``(4) an application in accordance with section 501 is made 
        to such judge as soon as practicable, but not more than 7 days 
        after the date on which the Attorney General requires the 
        production of such records under this section.
    ``(b) Termination of Authority.--
            ``(1) Termination.--In the absence of an order under 
        section 501 approving the production of call detail records 
        under subsection (a), the authority to require the production 
        of such records shall terminate at the earlier of--
                    ``(A) when the information sought is obtained;
                    ``(B) when the application for the order is denied 
                under section 501; or
                    ``(C) 7 days after the time of the authorization by 
                the Attorney General.
            ``(2) Use of information.--If an application for an order 
        under section 501 for the production of call detail records 
        required to be produced pursuant to subsection (a) is denied, 
        or in any other case in which the emergency production of call 
        detail records under this section is terminated and no order 
        under section 501 is issued approving the required production 
        of such records, no information obtained or evidence derived 
        from such records shall be received in evidence or otherwise 
        disclosed in any trial, hearing, or other proceeding in or 
        before any court, grand jury, department, office, agency, 
        regulatory body, legislative committee, or other authority of 
        the United States, a State, or political subdivision thereof, 
        and no information concerning any United States person acquired 
        from such records shall subsequently be used or disclosed in 
        any other manner by Federal officers or employees without the 
        consent of such person, except with the approval of the 
        Attorney General if the information indicates a threat of death 
        or serious bodily harm to any person.
    ``(c) Report.--The Attorney General shall annually submit to the 
Permanent Select Committee on Intelligence and the Committee on the 
Judiciary of the House of Representatives and the Select Committee on 
Intelligence and the Committee on the Judiciary of the Senate a report 
containing the number of times the authority under this section was 
exercised during the calendar year covered by such report.
    ``(d) Call Detail Records Defined.--In this section, the term `call 
detail records'--
            ``(1) means session identifying information (including 
        originating or terminating telephone number, International 
        Mobile Subscriber Identity number, or International Mobile 
        Station Equipment Identity number), telephone calling card 
        numbers, or the time or duration of a call; and
            ``(2) does not include--
                    ``(A) the contents of any communication (as defined 
                in section 2510(8) of title 18, United States Code);
                    ``(B) the name, address, or financial information 
                of a subscriber or customer; or
                    ``(C) cell site location information.''.
            (2) Table of contents amendment.--The table of contents in 
        the first section of the Foreign Intelligence Surveillance Act 
        of 1978 is amended by striking the item relating to section 502 
        and inserting the following new items:

``502. Emergency authority for access to call detail records.
``503. Congressional oversight.''.
            (3) Conforming amendment.--Section 102(b) of the USA 
        PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 
        1805 note) is amended by striking ``sections 501, 502, and'' 
        and inserting ``title V and section''.

SEC. 102. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.

    Section 106A of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``and calendar 
                years 2010 through 2013'' after ``2006'';
                    (B) by striking paragraphs (2) and (3);
                    (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3) (as so redesignated)--
                            (i) by striking subparagraph (C) and 
                        inserting the following new subparagraph:
                    ``(C) with respect to calendar years 2010 through 
                2013, an examination of the minimization procedures 
                used in relation to orders under section 501 of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1861) and whether the minimization procedures 
                adequately protect the constitutional rights of United 
                States persons;''; and
                            (ii) in subparagraph (D), by striking ``(as 
                        such term is defined in section 3(4) of the 
                        National Security Act of 1947 (50 U.S.C. 
                        401a(4)))'';
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(3) Calendar years 2010 through 2013.--Not later than 
        December 31, 2014, the Inspector General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the audit conducted under subsection 
        (a) for calendar years 2010 through 2013.'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (4) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Intelligence Assessment.--
            ``(1) In general.--For the period beginning on January 1, 
        2010, and ending on December 31, 2013, the Inspector General of 
        the Intelligence Community shall--
                    ``(A) assess the importance of the information 
                acquired under title V of the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) to 
                the activities of the intelligence community;
                    ``(B) examine the manner in which that information 
                was collected, retained, analyzed, and disseminated by 
                the intelligence community;
                    ``(C) describe any noteworthy facts or 
                circumstances relating to orders under such title;
                    ``(D) examine any minimization procedures used by 
                elements of the intelligence community under such title 
                and whether the minimization procedures adequately 
                protect the constitutional rights of United States 
                persons; and
                    ``(E) examine any minimization procedures proposed 
                by an element of the intelligence community under such 
                title that were modified or denied by the court 
                established under section 103(a) of such Act (50 U.S.C. 
                1803(a)).
            ``(2) Submission date for assessment.--Not later than 
        December 31, 2014, the Inspector General of the Intelligence 
        Community shall submit to the Committee on the Judiciary and 
        the Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the assessment for calendar years 
        2010 through 2013.'';
            (5) in subsection (e), as redesignated by paragraph (3)--
                    (A) in paragraph (1)--
                            (i) by striking ``a report under subsection 
                        (c)(1) or (c)(2)'' and inserting ``any report 
                        under subsection (c) or (d)''; and
                            (ii) by striking ``Inspector General of the 
                        Department of Justice'' and inserting 
                        ``Inspector General of the Department of 
                        Justice, the Inspector General of the 
                        Intelligence Community, and any Inspector 
                        General of an element of the intelligence 
                        community that prepares a report to assist the 
                        Inspector General of the Department of Justice 
                        or the Inspector General of the Intelligence 
                        Community in complying with the requirements of 
                        this section''; and
                    (B) in paragraph (2), by striking ``the reports 
                submitted under subsection (c)(1) and (c)(2)'' and 
                inserting ``any report submitted under subsection (c) 
                or (d)'';
            (6) in subsection (f), as redesignated by paragraph (3)--
                    (A) by striking ``The reports submitted under 
                subsections (c)(1) and (c)(2)'' and inserting ``Each 
                report submitted under subsection (c)''; and
                    (B) by striking ``subsection (d)(2)'' and inserting 
                ``subsection (e)(2)''; and
            (7) by adding at the end the following new subsection:
    ``(g) Definitions.--In this section:
            ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            ``(2) United states person.--The term `United States 
        person' has the meaning given that term in section 101 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801).''.

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

SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE 
              DEVICES.

    (a) Application.--Section 402(c) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(c)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraphs:
            ``(2) a statement of facts showing that there are 
        reasonable grounds to believe that the information sought--
                    ``(A) is relevant and material to an authorized 
                investigation to obtain foreign intelligence 
                information not concerning a United States person or to 
                protect against international terrorism or clandestine 
                intelligence activities (other than a threat 
                assessment), provided that such investigation of a 
                United States person is not conducted solely upon the 
                basis of activities protected by the First Amendment to 
                the Constitution of the United States; and
                    ``(B) pertain to--
                            ``(i) a foreign power or an agent of a 
                        foreign power;
                            ``(ii) the activities of a suspected agent 
                        of a foreign power who is the subject of such 
                        authorized investigation; or
                            ``(iii) an individual in contact with, or 
                        known to, a suspected agent of a foreign power; 
                        and
            ``(3) a statement of proposed minimization procedures.''.
    (b) Minimization.--
            (1) Definition.--Section 401 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding 
        at the end the following new paragraph:
            ``(4) The term `minimization procedures' means--
                    ``(A) specific procedures that are reasonably 
                designed in light of the purpose and technique of an 
                order for the installation and use of a pen register or 
                trap and trace device, to minimize the acquisition and 
                retention, and prohibit the dissemination, of 
                nonpublicly available information concerning 
                unconsenting United States persons consistent with the 
                need of the United States to obtain, produce, and 
                disseminate foreign intelligence information;
                    ``(B) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information, as defined in section 
                101(e)(1), shall not be disseminated in a manner that 
                identifies any United States person, without such 
                person's consent, unless such person's identity is 
                necessary to understand foreign intelligence 
                information or assess its importance; and
                    ``(C) notwithstanding subparagraphs (A) and (B), 
                procedures that allow for the retention and 
                dissemination of information that is evidence of a 
                crime which has been, is being, or is about to be 
                committed and that is to be retained or disseminated 
                for law enforcement purposes.''.
            (2) Procedures required.--Section 402 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is 
        amended--
                    (A) in subsection (d)--
                            (i) in paragraph (1), by inserting ``and 
                        that the proposed minimization procedures meet 
                        the definition of minimization procedures under 
                        this title'' before the period at the end; and
                            (ii) in paragraph (2)(B)--
                                    (I) in clause (ii)(II), by striking 
                                ``and'' after the semicolon; and
                                    (II) by adding at the end the 
                                following new clause:
                            ``(iv) the minimization procedures be 
                        followed; and''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(h) At or before the end of the period of time for which the 
installation and use of a pen register or trap and trace device is 
approved under an order or an extension under this section, the judge 
may assess compliance with the minimization procedures by reviewing the 
circumstances under which information concerning United States persons 
was acquired, retained, or disseminated.''.
            (3) Emergencies.--Section 403 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the following 
                new subsection:
    ``(c) If the Attorney General authorizes the emergency installation 
and use of a pen register or trap and trace device under this section, 
the Attorney General shall require that minimization procedures 
required by this title for the issuance of a judicial order be 
followed.''.
            (4) Use of information.--Section 405(a)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) is 
        amended by inserting ``and the minimization procedures required 
        under the order approving such pen register or trap and trace 
        device'' after ``of this section''.
    (c) Transition Procedures.--
            (1) Orders in effect.--Notwithstanding the amendments made 
        by this section, an order entered under section 402(d)(1) of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1842(d)(1)) that is in effect on the effective date of the 
        amendments made by this section shall remain in effect until 
        the expiration of the order.
            (2) Extensions.--A request for an extension of an order 
        referred to in paragraph (1) shall be subject to the 
        requirements of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.), as amended by this Act.

SEC. 202. INSPECTOR GENERAL REPORTS ON PEN REGISTERS AND TRAP AND TRACE 
              DEVICES.

    (a) Audits.--The Inspector General of the Department of Justice 
shall perform comprehensive audits of the effectiveness and use, 
including any improper or illegal use, of pen registers and trap and 
trace devices under title IV of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1841 et seq.) during the period beginning on 
January 1, 2010, and ending on December 31, 2013.
    (b) Requirements.--The audits required under subsection (a) shall 
include--
            (1) an examination of the use of pen registers and trap and 
        trace devices under such title for calendar years 2010 through 
        2013;
            (2) an examination of the installation and use of a pen 
        register or trap and trace device on emergency bases under 
        section 403 of such Act (50 U.S.C. 1843);
            (3) an examination of any noteworthy facts or circumstances 
        relating to the use of a pen register or trap and trace device 
        under such title, including any improper or illegal use of the 
        authority provided under such title; and
            (4) an examination of the effectiveness of the authority 
        under such title as an investigative tool, including--
                    (A) the importance of the information acquired to 
                the intelligence activities of the Federal Bureau of 
                Investigation;
                    (B) the manner in which the information is 
                collected, retained, analyzed, and disseminated by the 
                Federal Bureau of Investigation, including any direct 
                access to the information provided to any other 
                department, agency, or instrumentality of Federal, 
                State, local, or tribal governments or any private 
                sector entity;
                    (C) whether, and how often, the Federal Bureau of 
                Investigation used information acquired under a pen 
                register or trap and trace device under such title to 
                produce an analytical intelligence product for 
                distribution within the Federal Bureau of 
                Investigation, to the intelligence community, or to 
                another department, agency, or instrumentality of 
                Federal, State, local, or tribal governments; and
                    (D) whether, and how often, the Federal Bureau of 
                Investigation provided information acquired under a pen 
                register or trap and trace device under such title to 
                law enforcement authorities for use in criminal 
                proceedings.
    (c) Report.--Not later than December 31, 2014, the Inspector 
General of the Department of Justice shall submit to the Committee on 
the Judiciary and the Select Committee on Intelligence of the Senate 
and the Committee on the Judiciary and the Permanent Select Committee 
on Intelligence of the House of Representatives a report containing the 
results of the audits conducted under subsection (a) for calendar years 
2010 through 2013.
    (d) Intelligence Assessment.--
            (1) In general.--For the period beginning January 1, 2010, 
        and ending on December 31, 2013, the Inspector General of the 
        Intelligence Community shall--
                    (A) assess the importance of the information to the 
                activities of the intelligence community;
                    (B) examine the manner in which the information was 
                collected, retained, analyzed, and disseminated;
                    (C) describe any noteworthy facts or circumstances 
                relating to orders under title IV of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 
                et seq.); and
                    (D) examine any minimization procedures used by 
                elements of the intelligence community in relation to 
                pen registers and trap and trace devices under title IV 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1841 et seq.) and whether the minimization 
                procedures adequately protect the constitutional rights 
                of United States persons.
            (2) Submission dates for assessment.--Not later than 
        December 31, 2014, the Inspector General of the Intelligence 
        Community shall submit to the Committee on the Judiciary and 
        the Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the assessment for calendar years 
        2010 through 2013.
    (e) Prior Notice to Attorney General and Director of National 
Intelligence; Comments.--
            (1) Notice.--Not later than 30 days before the submission 
        of any report under subsection (c) or (d), the Inspector 
        General of the Department of Justice and the Inspector General 
        of the Intelligence Community shall provide the report to the 
        Attorney General and the Director of National Intelligence.
            (2) Comments.--The Attorney General or the Director of 
        National Intelligence may provide such comments to be included 
        in any report submitted under subsection (c) or (d) as the 
        Attorney General or the Director of National Intelligence may 
        consider necessary.
    (f) Unclassified Form.--Each report submitted under subsection (c) 
and any comments included in that report under subsection (e)(2) shall 
be in unclassified form, but may include a classified annex.
    (g) Definitions.--In this section--
            (1) the terms ``Attorney General'', ``foreign intelligence 
        information'', and ``United States person'' have the meanings 
        given those terms in section 101 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801);
            (2) the term ``intelligence community'' has the meaning 
        given that term in section 3 of the National Security Act of 
        1947 (50 U.S.C. 3003);
            (3) the term ``minimization procedures'' has the meaning 
        given that term in section 401 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1841), as amended by this 
        Act; and
            (4) the terms ``pen register'' and ``trap and trace 
        device'' have the meanings given those terms in section 3127 of 
        title 18, United States Code.

   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.

    Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(b)) is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively, and indenting such 
        subparagraphs, as so redesignated, an additional two ems from 
        the left margin;
            (2) by striking ``An acquisition'' and inserting the 
        following:
            ``(1) In general.--An acquisition''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Clarification on prohibition on searching of 
        collections of communications of united states persons.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no officer or employee of the United 
                States may conduct a search of a collection of 
                communications acquired under this section in an effort 
                to find communications of a particular United States 
                person (other than a corporation).
                    ``(B) Concurrent authorization and exception for 
                emergency situations.--Subparagraph (A) shall not apply 
                to a search for communications related to a particular 
                United States person if--
                            ``(i) such United States person is the 
                        subject of an order or emergency authorization 
                        authorizing electronic surveillance or physical 
                        search under section 105, 304, 703, 704, or 
                        705, or title 18, United States Code, for the 
                        effective period of that order;
                            ``(ii) the entity carrying out the search 
                        has a reasonable belief that the life or safety 
                        of such United States person is threatened and 
                        the information is sought for the purpose of 
                        assisting that person; or
                            ``(iii) such United States person has 
                        consented to the search.''.

SEC. 302. PROTECTION AGAINST COLLECTION OF WHOLLY DOMESTIC 
              COMMUNICATIONS.

    (a) In General.--Section 702 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
            (1) in subsection (d)(1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) limit the acquisition of the contents of any 
                communication to those communications--
                            ``(i) to which any party is a target of the 
                        acquisition; or
                            ``(ii) that contain an account identifier 
                        of a target of an acquisition, only if such 
                        communications are acquired to protect against 
                        international terrorism or the international 
                        proliferation of weapons of mass 
                        destruction.''; and
            (2) in subsection (i)(2)(B)--
                    (A) in clause (i), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (ii), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) limit the acquisition of the 
                        contents of any communication to those 
                        communications--
                                    ``(I) to which any party is a 
                                target of the acquisition; or
                                    ``(II) that contain an account 
                                identifier of the target of an 
                                acquisition, only if such 
                                communications are acquired to protect 
                                against international terrorism or the 
                                international proliferation of weapons 
                                of mass destruction.''.
    (b) Conforming Amendment.--Section 701 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881) is amended--
            (1) in subsection (a)--
                    (A) by inserting ```international terrorism','' 
                after ```foreign power',''; and
                    (B) by striking ``and `United States person''' and 
                inserting ```United States person', and `weapon of mass 
                destruction'''; and
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1) through (5) as 
                paragraphs (2) through (6), respectively; and
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following new paragraph:
            ``(1) Account identifier.--The term `account identifier' 
        means a telephone or instrument number, other subscriber 
        number, email address, or username used to uniquely identify an 
        account.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act.

SEC. 303. PROHIBITION ON REVERSE TARGETING.

    Section 702(b)(1)(B) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1881a), as redesignated by section 301(1) of this 
Act, is amended by striking ``the purpose'' and inserting ``a 
significant purpose''.

SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

    Section 702(i)(3) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(i)(3)) is amended by striking subparagraph (B) 
and inserting the following new subparagraph:
                    ``(B) Correction of deficiencies.--
                            ``(i) In general.--If the Court finds that 
                        a certification required by subsection (g) does 
                        not contain all of the required elements, or 
                        that the procedures required by subsections (d) 
                        and (e) are not consistent with the 
                        requirements of those subsections or the Fourth 
                        Amendment to the Constitution of the United 
                        States, the Court shall issue an order 
                        directing the Government to, at the 
                        Government's election and to the extent 
                        required by the order of the Court--
                                    ``(I) correct any deficiency 
                                identified by the order of the Court 
                                not later than 30 days after the date 
                                on which the Court issues the order; or
                                    ``(II) cease, or not begin, the 
                                implementation of the authorization for 
                                which such certification was submitted.
                            ``(ii) Limitation on use of information.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), no 
                                information obtained or evidence 
                                derived from an acquisition pursuant to 
                                a certification or targeting or 
                                minimization procedures subject to an 
                                order under clause (i) concerning any 
                                United States person shall be received 
                                in evidence or otherwise disclosed in 
                                any trial, hearing, or other proceeding 
                                in or before any court, grand jury, 
                                department, office, agency, regulatory 
                                body, legislative committee, or other 
                                authority of the United States, a 
                                State, or political subdivision 
                                thereof, and no information concerning 
                                any United States person acquired from 
                                the acquisition shall subsequently be 
                                used or disclosed in any other manner 
                                by Federal officers or employees 
                                without the consent of the United 
                                States person, except with the approval 
                                of the Attorney General if the 
                                information indicates a threat of death 
                                or serious bodily harm to any person.
                                    ``(II) Exception.--If the 
                                Government corrects any deficiency 
                                identified by the order of the Court 
                                under clause (i), the Court may permit 
                                the use or disclosure of information 
                                acquired before the date of the 
                                correction under such minimization 
                                procedures as the Court shall establish 
                                for purposes of this clause.''.

SEC. 305. MODIFICATION OF FISA AMENDMENTS ACT OF 2008 SUNSET.

    (a) Modification.--Section 403(b)(1) of the FISA Amendments Act of 
2008 (Public Law 110-261; 50 U.S.C. 1881 note) is amended by striking 
``December 31, 2017'' and inserting ``June 1, 2015''.
    (b) Technical and Conforming Amendments.--Section 403(b)(2) of such 
Act (Public Law 110-261; 122 Stat. 2474) is amended by striking 
``December 31, 2017'' and inserting ``June 1, 2015''.
    (c) Orders in Effect.--Section 404(b)(1) of such Act (Public Law 
110-261; 50 U.S.C. 1801 note) is amended in the paragraph heading by 
striking ``December 31, 2017'' and inserting ``June 1, 2015''.

SEC. 306. INSPECTOR GENERAL REVIEWS OF AUTHORITIES.

    (a) Agency Assessments.--Section 702(l)(2) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2)) is 
amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``authorized to acquire foreign intelligence information under 
        subsection (a)'' and inserting ``subject to the targeting or 
        minimization procedures approved under this section'';
            (2) in subparagraph (C), by inserting ``United States 
        persons or'' after ``later determined to be''; and
            (3) in subparagraph (D)--
                    (A) in the matter preceding clause (i), by striking 
                ``such review'' and inserting ``review conducted under 
                this paragraph'';
                    (B) in clause (ii), by striking ``and'' at the end;
                    (C) by redesignating clause (iii) as clause (iv); 
                and
                    (D) by inserting after clause (ii) the following 
                new clause:
                            ``(iii) the Inspector General of the 
                        Intelligence Community; and''.
    (b) Inspector General of the Intelligence Community Review.--
            (1) Recurring reviews.--Section 702(l) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is 
        amended--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) Inspector general of the intelligence community 
        review.--
                    ``(A) In general.--The Inspector General of the 
                Intelligence Community is authorized to review the 
                acquisition, use, and dissemination of information 
                acquired under subsection (a) to review compliance with 
                the targeting and minimization procedures adopted in 
                accordance with subsections (d) and (e) and the 
                guidelines adopted in accordance with subsection (f), 
                and in order to conduct the review required under 
                subparagraph (B).
                    ``(B) Mandatory review.--The Inspector General of 
                the Intelligence Community shall review the procedures 
                and guidelines developed by the elements of the 
                intelligence community to implement this section, with 
                respect to the protection of the privacy rights of 
                United States persons, including--
                            ``(i) an evaluation of the limitations 
                        outlined in subsection (b), the procedures 
                        approved in accordance with subsections (d) and 
                        (e), and the guidelines adopted in accordance 
                        with subsection (f), with respect to the 
                        protection of the privacy rights of United 
                        States persons; and
                            ``(ii) an evaluation of the circumstances 
                        under which the contents of communications 
                        acquired under subsection (a) may be searched 
                        in order to review the communications of 
                        particular United States persons.
                    ``(C) Consideration of other reviews and 
                assessments.--In conducting a review under subparagraph 
                (B), the Inspector General of the Intelligence 
                Community shall take into consideration, to the extent 
                relevant and appropriate, any reviews or assessments 
                that have been completed or are being undertaken under 
                this section.
                    ``(D) Public reporting of findings and 
                conclusions.--In a manner consistent with the 
                protection of the national security of the United 
                States, and in unclassified form, the Inspector General 
                of the Intelligence Community shall make publicly 
                available a summary of the findings and conclusions of 
                the review conducted under subparagraph (B).''.
            (2) Report.--Not later than December 31, 2014, the 
        Inspector General of the Intelligence Community shall submit a 
        report regarding the reviews conducted under paragraph (3) of 
        section 702(l) of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1881a(l)), as amended by paragraph (1) of this 
        subsection, to--
                    (A) the Attorney General;
                    (B) the Director of National Intelligence; and
                    (C) consistent with the Rules of the House of 
                Representatives, the Standing Rules of the Senate, and 
                Senate Resolution 400 of the 94th Congress or any 
                successor Senate resolution--
                            (i) the congressional intelligence 
                        committees; and
                            (ii) the Committee on the Judiciary of the 
                        Senate and the Committee on the Judiciary of 
                        the House of Representatives.
    (c) Annual Reviews.--Section 702(l)(4)(A) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(4)(A)), as 
redesignated by subsection (b)(1), is amended--
            (1) in the matter preceding clause (i)--
                    (A) in the first sentence--
                            (i) by striking ``conducting an acquisition 
                        authorized under subsection (a)'' and inserting 
                        ``subject to targeting or minimization 
                        procedures approved under this section''; and
                            (ii) by striking ``the acquisition'' and 
                        inserting ``acquisitions under subsection 
                        (a)''; and
                    (B) in the second sentence, by striking 
                ``acquisitions'' and inserting ``information obtained 
                through an acquisition''; and
            (2) in clause (iii), by inserting ``United States persons 
        or'' after ``later determined to be''.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

SEC. 401. OFFICE OF THE SPECIAL ADVOCATE.

    (a) Establishment.--The Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the 
following new title:

               ``TITLE IX--OFFICE OF THE SPECIAL ADVOCATE

``SEC. 901. DEFINITIONS.

    ``In this title:
            ``(1) Decision.--The term `decision' means a decision, 
        order, or opinion issued by the Foreign Intelligence 
        Surveillance Court or the Foreign Intelligence Surveillance 
        Court of Review.
            ``(2) Foreign intelligence surveillance court; court.--The 
        terms `Foreign Intelligence Surveillance Court' and `Court' 
        mean the court established under section 103(a) and the 
        petition review pool established under section 103(e).
            ``(3) Foreign intelligence surveillance court of review; 
        court of review.--The terms `Foreign Intelligence Surveillance 
        Court of Review' and `Court of Review' mean the court of review 
        established under section 103(b).
            ``(4) Office.--The term `Office' means the Office of the 
        Special Advocate established under section 902(a).
            ``(5) Significant construction or interpretation of law.--
        The term `significant construction or interpretation of law' 
        means a significant construction or interpretation of a 
        provision, as that term is construed under section 601(c).
            ``(6) Special advocate.--The term `Special Advocate' means 
        the Special Advocate appointed under section 902(b).

``SEC. 902. OFFICE OF THE SPECIAL ADVOCATE.

    ``(a) Establishment.--There is established within the judicial 
branch of the United States an Office of the Special Advocate.
    ``(b) Special Advocate.--
            ``(1) In general.--The head of the Office is the Special 
        Advocate.
            ``(2) Appointment and term.--
                    ``(A) Appointment.--The Chief Justice of the United 
                States shall appoint the Special Advocate from the list 
                of candidates submitted under subparagraph (B).
                    ``(B) List of candidates.--The Privacy and Civil 
                Liberties Oversight Board shall submit to the Chief 
                Justice a list of not less than 5 qualified candidates 
                to serve as Special Advocate. The Board shall select 
                candidates for such list whom the Board believes will 
                be zealous and effective advocates in defense of civil 
                liberties and consider with respect to each potential 
                candidate--
                            ``(i) the litigation and other professional 
                        experience of such candidate;
                            ``(ii) the experience of such candidate in 
                        areas of law that the Special Advocate is 
                        likely to encounter in the course of the duties 
                        of the Special Advocate; and
                            ``(iii) the demonstrated commitment of such 
                        candidate to civil liberties.
                    ``(C) Security clearance.--An individual may be 
                appointed Special Advocate without regard to whether 
                the individual possesses a security clearance on the 
                date of the appointment.
                    ``(D) Term and dismissal.--A Special Advocate shall 
                be appointed for a term of 3 years and may be removed 
                only for good cause shown, including the demonstrated 
                inability to qualify for an adequate security 
                clearance.
                    ``(E) Reappointment.--There shall be no limit to 
                the number of consecutive terms served by a Special 
                Advocate. The reappointment of a Special Advocate shall 
                be made in the same manner as appointment of a Special 
                Advocate.
                    ``(F) Acting special advocate.--If the position of 
                Special Advocate is vacant, the Chief Justice of the 
                United States may appoint an Acting Special Advocate 
                from among the qualified employees of the Office. If 
                there are no such qualified employees, the Chief 
                Justice may appoint an Acting Special Advocate from the 
                most recent list of candidates provided by the Privacy 
                and Civil Liberties Oversight Board pursuant to 
                subparagraph (B). The Acting Special Advocate shall 
                have all of the powers of a Special Advocate and shall 
                serve until a Special Advocate is appointed.
            ``(3) Employees.--The Special Advocate may appoint and 
        terminate and fix the compensation of employees of the Office 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service.
    ``(c) Duties and Authorities of the Special Advocate.--
            ``(1) In general.--The Special Advocate--
                    ``(A) may consider any request for consultation by 
                a party who has been served with an order or directive 
                issued under this Act requiring the party to provide 
                information, facilities, or assistance to the Federal 
                Government;
                    ``(B) may request to participate in a proceeding 
                before the Foreign Intelligence Surveillance Court;
                    ``(C) shall participate in such proceeding if such 
                request is granted;
                    ``(D) shall participate in a proceeding before the 
                Court if appointed to participate by the Court under 
                section 903(a);
                    ``(E) may request reconsideration of a decision of 
                the Court under section 903(b);
                    ``(F) may appeal or seek review of a decision of 
                the Court or the Foreign Intelligence Surveillance 
                Court of Review under section 904; and
                    ``(G) shall participate in such appeal or review.
            ``(2) Access to applications and decisions.--
                    ``(A) Applications.--The Attorney General shall 
                provide to the Special Advocate each application 
                submitted to a judge of the Foreign Intelligence 
                Surveillance Court under this Act at the same time as 
                the Attorney General submits such applications.
                    ``(B) Decisions.--The Foreign Intelligence 
                Surveillance Court and the Foreign Intelligence 
                Surveillance Court of Review shall provide to the 
                Special Advocate access to each decision of the Court 
                and the Court of Review, respectively, issued after the 
                date of the enactment of the USA FREEDOM Act and all 
                documents and other material relevant to such decision 
                in complete, unredacted form.
            ``(3) Advocacy.--The Special Advocate shall vigorously 
        advocate before the Foreign Intelligence Surveillance Court or 
        the Foreign Intelligence Surveillance Court of Review, as 
        appropriate, in support of legal interpretations that protect 
        individual privacy and civil liberties.
            ``(4) Outside counsel.--The Special Advocate may delegate 
        to a competent outside counsel who has or is able to obtain an 
        appropriate security clearance any duty or responsibility of 
        the Special Advocate set out in subparagraph (E) or (F) of 
        paragraph (1) with respect to participation in a matter before 
        the Court, the Court of Review, or the Supreme Court of the 
        United States.
            ``(5) Availability of documents and material.--The Court or 
        the Court of Review, as appropriate, shall order any agency, 
        department, or entity to make available to the Special 
        Advocate, or appropriate outside counsel if the Special 
        Advocate has delegated duties or responsibilities to the 
        outside counsel under paragraph (4), any documents or other 
        material necessary to carry out the duties described in 
        paragraph (1).
    ``(d) Security Clearances.--The appropriate departments, agencies, 
and elements of the Executive branch shall cooperate with the Office, 
to the extent possible under existing procedures and requirements, to 
expeditiously provide the Special Advocate, appropriate employees of 
the Office, and outside counsel to whom the Special Advocate delegates 
a duty or responsibility under subsection (c)(4) with the security 
clearances necessary to carry out the duties of the Special Advocate.

``SEC. 903. ADVOCACY BEFORE THE FOREIGN INTELLIGENCE SURVEILLANCE 
              COURT.

    ``(a) Appointment To Participate.--
            ``(1) In general.--The Foreign Intelligence Surveillance 
        Court may appoint the Special Advocate to participate in a 
        proceeding before the Court.
            ``(2) Standing.--If the Special Advocate is appointed to 
        participate in a Court proceeding pursuant to paragraph (1), 
        the Special Advocate shall have standing as a party before the 
        Court in that proceeding.
    ``(b) Reconsideration of a Foreign Intelligence Surveillance Court 
Decision.--
            ``(1) Authority to move for reconsideration.--The Special 
        Advocate may move the Court to reconsider any decision of the 
        Court made after the date of the enactment of the USA FREEDOM 
        Act by petitioning the Court not later than 30 days after the 
        date on which all documents and materials relevant to the 
        decision are made available to the Special Advocate.
            ``(2) Discretion of the court.--The Court shall have 
        discretion to grant or deny a motion for reconsideration made 
        pursuant to paragraph (1).
    ``(c) Amici Curiae Participation.--
            ``(1) Motion by the special advocate.--The Special Advocate 
        may file a motion with the Court to permit and facilitate 
        participation of amici curiae, including participation in oral 
        argument if appropriate, in any proceeding. The Court shall 
        have the discretion to grant or deny such a motion.
            ``(2) Facilitation by the foreign intelligence surveillance 
        court.--The Court may, sua sponte, permit and facilitate 
        participation by amici curiae, including participation in oral 
        argument if appropriate, in proceedings before the Court.
            ``(3) Regulations.--Not later than 180 days after the date 
        of the enactment of USA FREEDOM Act, the Court shall promulgate 
        regulations to provide the public with information sufficient 
        to allow interested parties to participate as amici curiae.

``SEC. 904. APPELLATE REVIEW.

    ``(a) Appeal of Foreign Intelligence Surveillance Court 
Decisions.--
            ``(1) Authority to appeal.--The Special Advocate may appeal 
        any decision of the Foreign Intelligence Surveillance Court 
        issued after the date of the enactment of the USA FREEDOM Act 
        not later than 90 days after the date on which the decision is 
        issued.
            ``(2) Standing as appellant.--If the Special Advocate 
        appeals a decision of the Court pursuant to paragraph (1), the 
        Special Advocate shall have standing as a party before the 
        Foreign Intelligence Surveillance Court of Review in such 
        appeal.
            ``(3) Mandatory review.--The Court of Review shall review 
        any Foreign Intelligence Surveillance Court decision appealed 
        by the Special Advocate and issue a decision in such appeal, 
        unless it would be apparent to all reasonable jurists that such 
        decision is dictated by statute or by precedent.
            ``(4) Standard of review.--The standard for a mandatory 
        review of a Foreign Intelligence Surveillance Court decision 
        pursuant to paragraph (3) shall be--
                    ``(A) de novo with respect to issues of law; and
                    ``(B) clearly erroneous with respect to 
                determination of facts.
            ``(5) Amici curiae participation.--
                    ``(A) In general.--The Court of Review shall accept 
                amici curiae briefs from interested parties in all 
                mandatory reviews pursuant to paragraph (3) and shall 
                provide for amici curiae participation in oral argument 
                if appropriate.
                    ``(B) Regulations.--Not later than 180 days after 
                the date of the enactment of the USA FREEDOM Act, the 
                Court of Review shall promulgate regulations to provide 
                the public with information sufficient to allow 
                interested parties to participate as amici curiae.
    ``(b) Review of Foreign Intelligence Surveillance Court of Review 
Decisions.--
            ``(1) Authority.--The Special Advocate may seek a writ of 
        certiorari from the Supreme Court of the United States for 
        review of any decision of the Foreign Intelligence Surveillance 
        Court of Review.
            ``(2) Standing.--In any proceedings before the Supreme 
        Court of the United States relating to a petition of certiorari 
        filed under paragraph (1) and any proceedings in a matter for 
        which certiorari is granted, the Special Advocate shall have 
        standing as a party.

``SEC. 905. DISCLOSURE.

    ``(a) Requirement To Disclose.--The Attorney General shall publicly 
disclose--
            ``(1) all decisions issued by the Foreign Intelligence 
        Surveillance Court or the Foreign Intelligence Surveillance 
        Court of Review after July 10, 2003, that include a significant 
        construction or interpretation of law;
            ``(2) any decision of the Court appealed by the Special 
        Advocate pursuant to this title; and
            ``(3) any Court of Review decision that is issued after an 
        appeal by the Special Advocate.
    ``(b) Disclosure Described.--For each disclosure required by 
subsection (a) with respect to a decision, the Attorney General shall 
make available to the public documents sufficient--
            ``(1) to identify with particularity each legal question 
        addressed by the decision and how such question was resolved;
            ``(2) to describe in general terms the context in which the 
        matter arises;
            ``(3) to describe the construction or interpretation of any 
        statute, constitutional provision, or other legal authority 
        relied on by the decision; and
            ``(4) to indicate whether the decision departed from any 
        prior decision of the Court or Court of Review.
    ``(c) Documents Described.--The Attorney General shall satisfy the 
disclosure requirements in subsection (b) by--
            ``(1) releasing a Court or Court of Review decision in its 
        entirety or as redacted;
            ``(2) releasing a summary of a Court or Court of Review 
        decision; or
            ``(3) releasing an application made to the Court, briefs 
        filed before the Court or the Court of Review, or other 
        materials, in full or as redacted.
    ``(d) Extensive Disclosure.--The Attorney General shall release as 
much information regarding the facts and analysis contained in a 
decision described in subsection (a) or documents described in 
subsection (c) as is consistent with legitimate national security 
concerns.
    ``(e) Timing of Disclosure.--
            ``(1) Decisions issued prior to enactment.--The Attorney 
        General shall disclose a decision issued prior to the date of 
        the enactment of the USA FREEDOM Act that is required to be 
        disclosed under subsection (a)(1) not later than 180 days after 
        the date of the enactment of such Act.
            ``(2) FISA court decisions.--The Attorney General shall 
        release Court decisions appealed by the Special Advocate not 
        later than 30 days after the date on which the appeal is filed.
            ``(3) FISA court of review decisions.--The Attorney General 
        shall release Court of Review decisions for which the Special 
        Advocate seeks a writ of certiorari not later than 90 days 
        after the date on which the petition is filed.
    ``(f) Petition by the Special Advocate.--
            ``(1) Authority to petition.--The Special Advocate may 
        petition the Court or the Court of Review to order--
                    ``(A) the public disclosure of a decision of the 
                Court or Court of Review, and documents or other 
                material relevant to such a decision, previously 
                designated as classified information; or
                    ``(B) the release of an unclassified summary of 
                such decisions and documents.
            ``(2) Contents of petition.--Each petition filed under 
        paragraph (1) shall contain a detailed declassification 
        proposal or a summary of the decision and documents that the 
        Special Advocate proposes to have released publicly.
            ``(3) Role of the attorney general.--
                    ``(A) Copy of petition.--The Special Advocate shall 
                provide to the Attorney General a copy of each petition 
                filed under paragraph (1).
                    ``(B) Opposition.--The Attorney General may oppose 
                a petition filed under paragraph (1) by submitting any 
                objections in writing to the Court or the Court of 
                Review, as appropriate, not later than 90 days after 
                the date such petition was submitted.
            ``(4) Public availability.--Not less than 91 days after 
        receiving a petition under paragraph (1), and taking into 
        account any objections from the Attorney General made under 
        paragraph (3)(B), the Court or the Court of Review, as 
        appropriate, shall declassify and make readily available to the 
        public any decision, document, or other material requested in 
        such petition, to the greatest extent possible, consistent with 
        legitimate national security considerations.
            ``(5) Effective date.--The Special Advocate may not file a 
        petition under paragraph (1) until 181 days after the date of 
        the enactment of the USA FREEDOM Act, except with respect to a 
        decision appealed by the Special Advocate.

``SEC. 906. ANNUAL REPORT TO CONGRESS.

    ``(a) Requirement for Annual Report.--The Special Advocate shall 
submit to Congress an annual report on the implementation of this 
title.
    ``(b) Contents.--Each annual report submitted under subsection (a) 
shall--
            ``(1) detail the activities of the Office of the Special 
        Advocate;
            ``(2) provide an assessment of the effectiveness of this 
        title; and
            ``(3) propose any new legislation to improve the 
        functioning of the Office or the operation of the Foreign 
        Intelligence Surveillance Court or the Foreign Intelligence 
        Surveillance Court of Review that the Special Advocate 
        considers appropriate.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the Foreign Intelligence Surveillance Act of 1978, as 
amended by section 101(c)(2) of this Act, is further amended by adding 
at the end the 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.''.

SEC. 402. FOREIGN INTELLIGENCE SURVEILLANCE COURT DISCLOSURE OF 
              OPINIONS.

    Section 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803) is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g)(1) A judge of the court established under subsection (a) who 
authored an order, opinion, or other decision may sua sponte or on 
motion by a party request that such order, opinion, or other decision 
be made publicly available.
    ``(2) Upon a request under paragraph (1), the presiding judge of 
the court established under subsection (a), in consultation with the 
other judges of such court, may direct that such order, opinion, or 
other decision be made publicly available.
    ``(3) Prior to making an order, opinion, or other decision of the 
court established under subsection (a) publicly available in accordance 
with this subsection, the presiding judge of such court may direct the 
Executive branch to review such order, opinion, or other decision and 
redact such order, opinion, or other decision as necessary to ensure 
that properly classified information is appropriately protected.''.

SEC. 403. PRESERVATION OF RIGHTS.

    Nothing in this title or an amendment made by this title shall be 
construed--
            (1) to provide the Attorney General with authority to 
        prevent the FISA Court or FISA Court of Review from 
        declassifying decisions or releasing information pursuant to 
        this title or an amendment made by this title; and
            (2) to eliminate the public's ability to secure information 
        under section 552 of title 5, United States Code (commonly 
        known as the ``Freedom of Information Act'') or any other 
        provision of law.

               TITLE V--NATIONAL SECURITY LETTER REFORMS

SEC. 501. NATIONAL SECURITY LETTER AUTHORITY.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``may--'' and all that follows 
                through the period at the end and inserting the 
                following: ``may request the name, address, length of 
                service, and local and long distance toll billing 
                records of a person or entity if the Director (or his 
                designee) certifies in writing to the wire or 
                electronic communication service provider to which the 
                request is made that--''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(1) the name, address, length of service, and toll 
        billing records sought are relevant and material to an 
        authorized investigation to protect against international 
        terrorism or clandestine intelligence activities, provided that 
        such an investigation of a United States person is not 
        conducted solely on the basis of activities protected by the 
        First Amendment to the Constitution of the United States; and
            ``(2) there are reasonable grounds to believe that the 
        name, address, length of service, and toll billing records 
        sought pertain to--
                    ``(A) a foreign power or agent of a foreign power;
                    ``(B) the activities of a suspected agent of a 
                foreign power who is the subject of such authorized 
                investigation; or
                    ``(C) an individual in contact with, or known to, a 
                suspected agent of a foreign power.''; and
            (2) by adding at the end the following new subsection:
    ``(g) For purposes of this subsection, the terms `agent of a 
foreign power', `foreign power', `international terrorism', and `United 
States person' have the same meanings as in section 101 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114 of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3414) is amended to read as follows:

``SEC. 1114. ACCESS TO FINANCIAL RECORDS FOR CERTAIN INTELLIGENCE AND 
              PROTECTIVE PURPOSES.

    ``(a) Authorization.--
            ``(1) In general.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or Special Agent in Charge in a Bureau field 
        office, may issue in writing and cause to be served on a 
        financial institution, a request requiring the production of--
                    ``(A) the name of a customer of the financial 
                institution;
                    ``(B) the address of a customer of the financial 
                institution;
                    ``(C) the length of time during which a person has 
                been, or was, a customer of the financial institution 
                (including the start date) and the type of service 
                provided by the financial institution to the customer; 
                and
                    ``(D) any account number or other unique identifier 
                associated with a customer of the financial 
                institution.
            ``(2) Limitation.--A request issued under this subsection 
        may not require the production of records or information not 
        listed in paragraph (1).
    ``(b) Requirements.--
            ``(1) In general.--A request issued under subsection (a) 
        shall--
                    ``(A) be subject to the requirements of subsections 
                (d) through (g) of section 2709 of title 18, United 
                States Code, in the same manner and to the same extent 
                as those provisions apply with respect to a request 
                under section 2709(b) of title 18, United States Code, 
                to a wire or electronic communication service provider; 
                and
                    ``(B) include a statement of facts showing that 
                there are reasonable grounds to believe that the 
                records or other things sought--
                            ``(i) are relevant and material to an 
                        authorized investigation (other than a threat 
                        assessment and provided that such an 
                        investigation of a United States person is not 
                        conducted solely on the basis of activities 
                        protected by the First Amendment to the 
                        Constitution of the United States) to--
                                    ``(I) obtain foreign intelligence 
                                information not concerning a United 
                                States person; or
                                    ``(II) protect against 
                                international terrorism or clandestine 
                                intelligence activities; and
                            ``(ii) pertain to--
                                    ``(I) a foreign power or an agent 
                                of a foreign power;
                                    ``(II) the activities of a 
                                suspected agent of a foreign power who 
                                is the subject of such authorized 
                                investigation; or
                                    ``(III) an individual in contact 
                                with, or known to, a suspected agent of 
                                a foreign power.
            ``(2) Definitions.--For purposes of this subsection, the 
        terms `agent of a foreign power', `foreign intelligence 
        information', `foreign power', `international terrorism', and 
        `United States person' have the same meanings as in section 101 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801).
    ``(c) Definition of Financial Institution.--For purposes of this 
section (and sections 1115 and 1117, insofar as the sections relate to 
the operation of this section), the term `financial institution' has 
the same meaning as in subsections (a)(2) and (c)(1) of section 5312 of 
title 31, United States Code, except that the term shall include only a 
financial institution any part of which is located inside any State or 
territory of the United States, the District of Columbia, Puerto Rico, 
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, 
or the United States Virgin Islands.''.
    (c) National Security Letter Authority for Certain Consumer Report 
Records.--
            (1) In general.--Section 626 of the Fair Credit Reporting 
        Act (15 U.S.C. 1681u) is amended--
                    (A) by striking subsections (a) through (c) and 
                inserting the following new subsections:
    ``(a) Authorization.--
            ``(1) In general.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or Special Agent in Charge in a Bureau field 
        office, may issue in writing and cause to be served on a 
        consumer reporting agency a request requiring the production 
        of--
                    ``(A) the name of a consumer;
                    ``(B) the current and former address of a consumer;
                    ``(C) the current and former places of employment 
                of a consumer; and
                    ``(D) the name and address of any financial 
                institution (as that term is defined in section 1101 of 
                the Right to Financial Privacy Act of 1978 (12 U.S.C. 
                3401)) at which a consumer maintains or has maintained 
                an account, to the extent that the information is in 
                the files of the consumer reporting agency.
            ``(2) Limitation.--A request issued under this subsection 
        may not require the production of a consumer report.
    ``(b) Requirements.--
            ``(1) In general.--A request issued under subsection (a) 
        shall--
                    ``(A) be subject to the requirements of subsections 
                (d) through (g) of section 2709 of title 18, United 
                States Code, in the same manner and to the same extent 
                as those provisions apply with respect to a request 
                under section 2709(b) of title 18, United States Code, 
                to a wire or electronic communication service provider; 
                and
                    ``(B) include a statement of facts showing that 
                there are reasonable grounds to believe that the 
                records or other things sought--
                            ``(i) are relevant and material to an 
                        authorized investigation (other than a threat 
                        assessment and provided that such an 
                        investigation of a United States person is not 
                        conducted solely on the basis of activities 
                        protected by the First Amendment to the 
                        Constitution of the United States) to--
                                    ``(I) obtain foreign intelligence 
                                information not concerning a United 
                                States person; or
                                    ``(II) protect against 
                                international terrorism or clandestine 
                                intelligence activities; and
                            ``(ii) pertain to--
                                    ``(I) a foreign power or an agent 
                                of a foreign power;
                                    ``(II) the activities of a 
                                suspected agent of a foreign power who 
                                is the subject of such authorized 
                                investigation; or
                                    ``(III) an individual in contact 
                                with, or known to, a suspected agent of 
                                a foreign power.
            ``(2) Definitions.--In this subsection, the terms `agent of 
        a foreign power', `foreign intelligence information', `foreign 
        power', `international terrorism', and `United States person' 
        have the meaning given such terms in section 101 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).'';
                    (B) by striking subsections (f) through (h); and
                    (C) by redesignating subsections (d), (e), (i), 
                (j), (k), (l), and (m) as subsections (c), (d), (e), 
                (f), (g), (h), and (i), respectively.
            (2) Repeal.--Section 627 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681v) is repealed.

SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, is amended by 
striking subsection (c) and inserting the following new subsection:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (d) is provided, no 
                wire or electronic communication service provider, or 
                officer, employee, or agent thereof, that receives a 
                request under subsection (b), shall disclose to any 
                person that the Director of the Federal Bureau of 
                Investigation has sought or obtained access to 
                information or records under this section.
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that the absence of a prohibition of disclosure under 
                this subsection may result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from investigation or 
                        prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations;
                            ``(vi) alerting a target, an associate of a 
                        target, or the foreign power of which the 
                        target is an agent, of the interest of the 
                        Government in the target; or
                            ``(vii) otherwise seriously endangering the 
                        national security of the United States.
            ``(2) Exception.--
                    ``(A) In general.--A wire or electronic 
                communication service provider, or officer, employee, 
                or agent thereof, that receives a request under 
                subsection (b) may disclose information otherwise 
                subject to any applicable nondisclosure requirement 
                to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (b) in the 
                same manner as the person to whom the request is 
                issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                notify the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom 
                such disclosure will be made or to whom such disclosure 
                was made prior to the request.
            ``(3) Termination.--In the case of any request for which a 
        recipient has submitted a notification or filed a petition for 
        judicial review under paragraph (3)(B), if the facts supporting 
        a nondisclosure requirement cease to exist, an appropriate 
        official of the Federal Bureau of Investigation shall promptly 
        notify the wire or electronic service provider, or officer, 
        employee, or agent thereof, subject to the nondisclosure 
        requirement that the nondisclosure requirement is no longer in 
        effect.''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114 of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3414), as amended by section 501(b) of this Act, 
is further amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (d) is provided, no 
                financial institution, or officer, employee, or agent 
                thereof, that receives a request under subsection (a) 
                shall disclose to any person that the Federal Bureau of 
                Investigation has sought or obtained access to 
                information or records under subsection (a).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that the absence of a prohibition of disclosure under 
                this subsection may result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from investigation or 
                        prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations;
                            ``(vi) alerting a target, an associate of a 
                        target, or the foreign power of which the 
                        target is an agent, of the interest of the 
                        Government in the target; or
                            ``(vii) otherwise seriously endangering the 
                        national security of the United States.
            ``(2) Exception.--
                    ``(A) In general.--A financial institution, or 
                officer, employee, or agent thereof, that receives a 
                request under subsection (a) may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (a) in the 
                same manner as the person to whom the request is 
                issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom 
                such disclosure will be made or to whom such disclosure 
                was made prior to the request.
            ``(3) Termination.--In the case of any request for which a 
        financial institution has submitted a notification or filed a 
        petition for judicial review under paragraph (3)(B), if the 
        facts supporting a nondisclosure requirement cease to exist, an 
        appropriate official of the Federal Bureau of Investigation 
        shall promptly notify the financial institution, or officer, 
        employee, or agent thereof, subject to the nondisclosure 
        requirement that the nondisclosure requirement is no longer in 
        effect.''.
    (c) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), as amended by 
section 501(c) of this Act, is further amended by striking subsection 
(c) (as redesignated by section 501(c)(1)(D) of this Act) and inserting 
the following new subsection:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (d) is provided, no 
                consumer reporting agency, or officer, employee, or 
                agent thereof, that receives a request under subsection 
                (a) shall disclose or specify in any consumer report, 
                that the Federal Bureau of Investigation has sought or 
                obtained access to information or records under 
                subsection (a) or (b).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that the absence of a prohibition of disclosure under 
                this subsection may result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from investigation or 
                        prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations;
                            ``(vi) alerting a target, an associate of a 
                        target, or the foreign power of which the 
                        target is an agent, of the interest of the 
                        Government in the target; or
                            ``(vii) otherwise seriously endangering the 
                        national security of the United States.
            ``(2) Exception.--
                    ``(A) In general.--A consumer reporting agency, or 
                officer, employee, or agent thereof, that receives a 
                request under subsection (a) may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (a) or (b) in 
                the same manner as the person to whom the request is 
                issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom 
                such disclosure will be made or to whom such disclosure 
                was made prior to the request.
            ``(3) Termination.--In the case of any request for which a 
        consumer reporting agency has submitted a notification or filed 
        a petition for judicial review under paragraph (3)(B), if the 
        facts supporting a nondisclosure requirement cease to exist, an 
        appropriate official of the Federal Bureau of Investigation 
        shall promptly notify the consumer reporting agency, or 
        officer, employee, or agent thereof, subject to the 
        nondisclosure requirement that the nondisclosure requirement is 
        no longer in effect.''.
    (d) Investigations of Persons With Access to Classified 
Information.--Section 802 of the National Security Act of 1947 (50 
U.S.C. 3162) is amended by striking subsection (b) and inserting the 
following new subsection:
    ``(b) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (c) is provided, no 
                governmental or private entity, or officer, employee, 
                or agent thereof, that receives a request under 
                subsection (a), shall disclose to any person that an 
                authorized investigative agency described in subsection 
                (a) has sought or obtained access to information under 
                subsection (a).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the head of an 
                authorized investigative agency described in subsection 
                (a), or a designee, certifies that the absence of a 
                prohibition of disclosure under this subsection may 
                result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from investigation or 
                        prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations;
                            ``(vi) alerting a target, an associate of a 
                        target, or the foreign power of which the 
                        target is an agent, of the interest of the 
                        Government in the target; or
                            ``(vii) otherwise seriously endangering the 
                        national security of the United States.
            ``(2) Exception.--
                    ``(A) In general.--A governmental or private 
                entity, or officer, employee, or agent thereof, that 
                receives a request under subsection (a) may disclose 
                information otherwise subject to any applicable 
                nondisclosure requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        head of the authorized investigative agency 
                        described in subsection (a).
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (a) in the 
                same manner as the person to whom the request is 
                issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the head of an authorized investigative 
                agency described in subsection (a), or a designee, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the head of the authorized investigative agency or 
                such designee the person to whom such disclosure will 
                be made or to whom such disclosure was made prior to 
                the request.
            ``(3) Termination.--In the case of any request for which a 
        governmental or private entity has submitted a notification or 
        filed a petition for judicial review under paragraph (3)(B), if 
        the facts supporting a nondisclosure requirement cease to 
        exist, an appropriate official of the authorized investigative 
        agency described in subsection (a) shall promptly notify the 
        governmental or private entity, or officer, employee, or agent 
        thereof, subject to the nondisclosure requirement that the 
        nondisclosure requirement is no longer in effect.''.
    (e) Judicial Review.--Section 3511 of title 18, United States Code, 
is amended by striking subsection (b) and inserting the following new 
subsection:
    ``(b) Nondisclosure.--
            ``(1) In general.--
                    ``(A) Notice.--If a recipient of a request for a 
                report, records, or other information under section 
                2709 of this title, section 626 of the Fair Credit 
                Reporting Act (15 U.S.C. 1681u), section 1114 of the 
                Right to Financial Privacy Act of 1978 (12 U.S.C. 
                3414), or section 802 of the National Security Act of 
                1947 (50 U.S.C. 3162), wishes to have a court review a 
                nondisclosure requirement imposed in connection with 
                the request, the recipient may notify the Government or 
                file a petition for judicial review in any court 
                described in subsection (a).
                    ``(B) Application.--Not later than 30 days after 
                the date of receipt of a notification under 
                subparagraph (A), the Government shall apply for an 
                order prohibiting the disclosure of the existence or 
                contents of the relevant request. An application under 
                this subparagraph may be filed in the district court of 
                the United States for the judicial district in which 
                the recipient of the order is doing business or in the 
                district court of the United States for any judicial 
                district within which the authorized investigation that 
                is the basis for the request is being conducted. The 
                applicable nondisclosure requirement shall remain in 
                effect during the pendency of proceedings relating to 
                the requirement.
                    ``(C) Consideration.--A district court of the 
                United States that receives a petition under 
                subparagraph (A) or an application under subparagraph 
                (B) should rule expeditiously, and shall, subject to 
                paragraph (3), issue a nondisclosure order that 
                includes conditions appropriate to the circumstances.
            ``(2) Application contents.--An application for a 
        nondisclosure order or extension thereof or a response to a 
        petition filed under paragraph (1) shall include a 
        certification from the Attorney General, Deputy Attorney 
        General, an Assistant Attorney General, or the Director of the 
        Federal Bureau of Investigation, or in the case of a request by 
        a department, agency, or instrumentality of the Federal 
        Government other than the Department of Justice, the head or 
        deputy head of the department, agency, or instrumentality, 
        containing a statement of specific facts indicating that the 
        absence of a prohibition of disclosure under this subsection 
        may result in--
                    ``(A) endangering the life or physical safety of 
                any person;
                    ``(B) flight from investigation or prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses;
                    ``(E) interference with diplomatic relations;
                    ``(F) alerting a target, an associate of a target, 
                or the foreign power of which the target is an agent, 
                of the interest of the Government in the target; or
                    ``(G) otherwise seriously endangering the national 
                security of the United States.
            ``(3) Standard.--A district court of the United States 
        shall issue a nondisclosure requirement order or extension 
        thereof under this subsection if the court determines that 
        there is reason to believe that disclosure of the information 
        subject to the nondisclosure requirement during the applicable 
        time period will result in--
                    ``(A) endangering the life or physical safety of 
                any person;
                    ``(B) flight from investigation or prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses;
                    ``(E) interference with diplomatic relations;
                    ``(F) alerting a target, an associate of a target, 
                or the foreign power of which the target is an agent, 
                of the interest of the Government in the target; or
                    ``(G) otherwise seriously endangering the national 
                security of the United States.''.

SEC. 503. JUDICIAL REVIEW.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, as amended by 
section 501(a) of this Act, is further amended--
            (1) by redesignating subsections (d), (e), (f), and (g) as 
        subsections (e), (f), (g), and (h), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Judicial Review.--
            ``(1) In general.--A request under subsection (b) or a non-
        disclosure requirement imposed in connection with such request 
        under subsection (c) shall be subject to judicial review under 
        section 3511.
            ``(2) Notice.--A request under subsection (b) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114 of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3414), as amended by section 502(b) of this Act, 
is further amended--
            (1) by redesignating subsection (d) (as redesignated by 
        such section 502(b)) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or a non-
        disclosure requirement imposed in connection with such request 
        under subsection (c) shall be subject to judicial review under 
        section 3511 of title 18, United States Code.
            ``(2) Notice.--A request under subsection (a) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.
    (c) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Right to Financial Privacy Act (15 U.S.C. 1681u), as amended 
by section 502(c) of this Act, is further amended--
            (1) by redesignating subsections (d) through (i) (as 
        redesignated by such section 502(c)) as subsections (e) through 
        (j), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or a non-
        disclosure requirement imposed in connection with such request 
        under subsection (c) shall be subject to judicial review under 
        section 3511 of title 18, United States Code.
            ``(2) Notice.--A request under subsection (a) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.
    (d) Investigations of Persons With Access to Classified 
Information.--Section 802 of the National Security Act of 1947 (50 
U.S.C. 3162) is amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or a non-
        disclosure requirement imposed in connection with such request 
        under subsection (c) shall be subject to judicial review under 
        section 3511 of title 18, United States Code.
            ``(2) Notice.--A request under subsection (a) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.

SEC. 504. INSPECTOR GENERAL REPORTS ON NATIONAL SECURITY LETTERS.

    Section 119 of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (Public Law 109-177; 120 Stat. 219) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``and calendar 
                years 2010 through 2013'' after ``2006''; and
                    (B) in paragraph (3)(C), by striking ``(as such 
                term is defined in section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4)))'';
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(3) Calendar years 2010 through 2013.--Not later than 
        December 31, 2014, the Inspector General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives and the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate a report 
        containing the results of the audit conducted under subsection 
        (a) for calendar years 2010 through 2013.'';
            (3) by striking subsection (g) and inserting the following 
        new subsection:
    ``(h) Definitions.--In this section:
            ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            ``(2) National security letter.--The term `national 
        security letter' means a request for information under--
                    ``(A) section 2709(b) of title 18, United States 
                Code (to access certain communication service provider 
                records);
                    ``(B) section 1114 of the Right to Financial 
                Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) (to 
                obtain financial institution customer records);
                    ``(C) section 802 of the National Security Act of 
                1947 (50 U.S.C. 3162) (to obtain financial information, 
                records, and consumer reports); or
                    ``(D) section 626 of the Fair Credit Reporting Act 
                (15 U.S.C. 1681u) (to obtain certain financial 
                information and consumer reports).
            ``(3) United states person.--The term `United States 
        person' has the meaning given that term in section 101 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801).'';
            (4) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (5) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Intelligence Assessment.--
            ``(1) In general.--For the period beginning on January 1, 
        2010, and ending on December 31, 2013, the Inspector General of 
        the Intelligence Community shall--
                    ``(A) examine the use of national security letters 
                by the intelligence community during the period;
                    ``(B) describe any noteworthy facts or 
                circumstances relating to the use of national security 
                letters by the intelligence community, including any 
                improper or illegal use of such authority;
                    ``(C) assess the importance of information received 
                under the national security letters to the activities 
                of the intelligence community; and
                    ``(D) examine the manner in which information 
                received under the national security letters was 
                collected, retained, analyzed, and disseminated.
            ``(2) Submission date for assessment.--Not later than 
        December 31, 2014, the Inspector General of the Intelligence 
        Community shall submit to the Committee on the Judiciary and 
        the Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the assessment for calendar years 
        2010 through 2013.'';
            (6) in subsection (e), as redesignated by paragraph (4)--
                    (A) in paragraph (1)--
                            (i) by striking ``a report under subsection 
                        (c)(1) or (c)(2)'' and inserting ``any report 
                        under subsection (c) or (d)''; and
                            (ii) by striking ``Inspector General of the 
                        Department of Justice'' and inserting 
                        ``Inspector General of the Department of 
                        Justice, the Inspector General of the 
                        Intelligence Community, and any Inspector 
                        General of an element of the intelligence 
                        community that prepares a report to assist the 
                        Inspector General of the Department of Justice 
                        or the Inspector General of the Intelligence 
                        Community in complying with the requirements of 
                        this section''; and
                    (B) in paragraph (2), by striking ``the reports 
                submitted under subsection (c)(1) or (c)(2)'' and 
                inserting ``any report submitted under subsection (c) 
                or (d)''; and
            (7) in subsection (f), as redesignated by paragraph (4)--
                    (A) by striking ``The reports submitted under 
                subsections (c)(1) or (c)(2)'' and inserting ``Each 
                report submitted under subsection (c)''; and
                    (B) by striking ``subsection (d)(2)'' and inserting 
                ``subsection (e)(2)''.

SEC. 505. NATIONAL SECURITY LETTER SUNSET.

    (a) Repeal.--Effective on June 1, 2015--
            (1) section 2709 of title 18, United States Code, is 
        amended to read as such provision read on October 25, 2001;
            (2) section 1114 of the Right to Financial Privacy Act of 
        1978 (12 U.S.C. 3414(a)(5)) is amended to read as such 
        provision read on October 25, 2001;
            (3) subsections (a) and (b) of section 626 of the Fair 
        Credit Reporting Act (15 U.S.C. 1681u) are amended to read as 
        subsections (a) and (b), respectively, of the second of the 2 
        sections designated as section 624 of such Act (15 U.S.C. 
        1681u) (relating to disclosure to the Federal Bureau of 
        Investigation for counterintelligence purposes), as added by 
        section 601 of the Intelligence Authorization Act for Fiscal 
        Year 1996 (Public Law 104-93; 109 Stat. 974), read on October 
        25, 2001; and
            (4) section 802 of the National Security Act of 1947 (50 
        U.S.C. 3162) is amended to read as such provision read on 
        October 25, 2001.
    (b) Transition Provision.--Notwithstanding subsection (a), the 
provisions of law referred to in subsection (a), as in effect on May 
31, 2015, shall continue to apply on and after June 1, 2015, with 
respect to any particular foreign intelligence investigation or with 
respect to any particular offense or potential offense that began or 
occurred before June 1, 2015.

SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS.

    Section 3511 of title 18, United States Code, is amended in 
subsections (a), (c), and (d), by striking ``or 627(a)'' each place it 
appears.

    TITLE VI--FISA AND NATIONAL SECURITY LETTER TRANSPARENCY REFORMS

SEC. 601. THIRD-PARTY REPORTING ON FISA ORDERS AND NATIONAL SECURITY 
              LETTERS.

    (a) In General.--Each electronic service provider may report 
information to the public in accordance with this section about demands 
and requests for information made by any Government entity under a 
surveillance law, and is exempt in accordance with subsection (d) from 
liability with respect to that report, even if such provider would 
otherwise be prohibited by a surveillance law from reporting that 
information.
    (b) Periodic Aggregate Reports.--An electronic service provider may 
report such information not more often than quarterly and only to the 
following extent:
            (1) Estimate of numbers of demands and requests made.--The 
        report may reveal an estimate of the number of the demands and 
        requests described in subsection (a) made during the period to 
        which the report pertains.
            (2) Estimate of numbers of demands and requests complied 
        with.--The report may reveal an estimate of the numbers of the 
        demands and requests described in subsection (a) the electronic 
        service provider complied with during the period to which the 
        report pertains, regardless of when the demands or requests 
        were made.
            (3) Estimate of number of users or accounts.--The report 
        may reveal an estimate of the numbers of users or accounts, or 
        both, of the electronic service provider, for which information 
        was demanded, requested, or provided during the period to which 
        the report pertains.
    (c) Special Rules for Reports.--
            (1)  Level of detail by authorizing surveillance law.--Any 
        estimate disclosed under this section may be an overall 
        estimate or broken down by categories of authorizing 
        surveillance laws or by provisions of authorizing surveillance 
        laws.
            (2) Level of detail by numerical range.--Each estimate 
        disclosed under this section shall be rounded to the nearest 
        100. If an estimate is zero, an electronic service provider may 
        report the estimate as zero.
            (3) Report may be broken down by periods not less than 
        calendar quarters.--For any reporting period, an electronic 
        service provider may break down the report by calendar quarters 
        or any other time periods greater than a calendar quarter.
    (d) Limitation on Liability.--An electronic service provider making 
a report that the electronic service provider reasonably believes in 
good faith is authorized by this section is not criminally or civilly 
liable in any court for making the report.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to prohibit disclosures other than those authorized by this 
section.
    (f) Definitions.--In this section:
            (1) Electronic service provider.--The term ``electronic 
        service provider'' means an electronic communications service 
        provider (as that term is defined in section 2510 of title 18, 
        United States Code) or a remote computing service provider (as 
        that term is defined in section 2711 of title 18, United States 
        Code).
            (2) Surveillance law.--The term ``surveillance law'' means 
        any provision of any of the following:
                    (A) The Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1801 et seq.).
                    (B) Section 802(a) of the National Security Act of 
                1947 (50 U.S.C. 436(a)).
                    (C) Section 2709 of title 18, United States Code.
                    (D) Section 1114 of the Right to Financial Privacy 
                Act of 1978 (12 U.S.C. 3414(a)(5)(A)).
                    (E) Subsection (a) or (b) of section 626 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u(a), 
                1681u(b)).
                    (F) Section 627(a) of the Fair Credit Reporting Act 
                (15 U.S.C. 1681v(a)) (as in effect on the day before 
                the date of the enactment of this Act).

SEC. 602. GOVERNMENT REPORTING ON FISA ORDERS.

    (a) Electronic Surveillance.--
            (1) Report of electronic surveillance.--Section 107 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1807) 
        is amended--
                    (A) by redesignating subsections (a) and (b) as 
                paragraphs (1) and (2), respectively;
                    (B) in the matter preceding paragraph (1) (as 
                redesignated by subparagraph (A) of this paragraph)--
                            (i) by striking ``In April'' and inserting 
                        ``(a) In April''; and
                            (ii) by striking ``Congress'' and inserting 
                        ``the Permanent Select Committee on 
                        Intelligence and the Committee on the Judiciary 
                        of the House of Representatives and the Select 
                        Committee on Intelligence and the Committee on 
                        the Judiciary of the Senate'';
                    (C) in subsection (a) (as designated by 
                subparagraph (B) of this paragraph)--
                            (i) in paragraph (1) (as redesignated by 
                        subparagraph (A) of this paragraph), by 
                        striking ``; and'' and inserting a semicolon;
                            (ii) in paragraph (2) (as so redesignated), 
                        by striking the period and inserting a 
                        semicolon; and
                            (iii) by adding at the end the following 
                        new paragraphs:
            ``(3) the total number of individuals who were subject to 
        electronic surveillance conducted under an order entered under 
        this title, rounded to the nearest 100; and
            ``(4) the total number of United States persons who were 
        subject to electronic surveillance conducted under an order 
        entered under this title, rounded to the nearest 100.''; and
                    (D) by adding at the end the following new 
                subsection:
    ``(b)(1) Each report required under subsection (a) shall be 
submitted in unclassified form.
    ``(2) Not later than 7 days after a report is submitted under 
subsection (a), the Attorney General shall make such report publicly 
available.''.
            (2) Congressional oversight.--Section 108(a)(1) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808) 
        is amended by striking ``the House Permanent Select Committee 
        on Intelligence and the Senate Select Committee on 
        Intelligence, and the Committee on the Judiciary of the 
        Senate'' and inserting ``the Permanent Select Committee on 
        Intelligence and the Committee on the Judiciary of the House of 
        Representatives and the Select Committee on Intelligence and 
        the Committee on the Judiciary of the Senate''.
    (b) Physical Searches.--Section 306 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1826) is amended--
            (1) in the first sentence, by striking ``Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence of the Senate, and the 
        Committee on the Judiciary of the Senate'' and inserting 
        ``Permanent Select Committee on Intelligence and the Committee 
        on the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate''; and
            (2) in the second sentence, by striking ``and the Committee 
        on the Judiciary of the House of Representatives''.
    (c) Pen Register and Trap and Trace Devices.--Section 406 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1846) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(4) each department or agency on behalf of which the 
        Government has made application for orders approving the use of 
        pen registers or trap and trace devices under this title;
            ``(5) for each department or agency described in paragraph 
        (4), a breakdown of the numbers required by paragraphs (1), 
        (2), and (3);
            ``(6) a good faith estimate of the total number of 
        individuals who were targeted by the installation and use of a 
        pen register or trap and trace device authorized under an order 
        entered under this title, rounded to the nearest 100;
            ``(7) a good faith estimate of the total number of United 
        States persons who were targeted by the installation and use of 
        a pen register or trap and trace device authorized under an 
        order entered under this title, rounded to the nearest 100; and
            ``(8) a good faith estimate of the total number of United 
        States persons who were targeted by the installation and use of 
        a pen register or trap and trace device authorized under an 
        order entered under this title and whose information acquired 
        by such pen register or trap and trace device was subsequently 
        reviewed or accessed by a Federal officer, employee, or agent, 
        rounded to the nearest 100.''; and
            (2) by adding at the end the following new subsection:
    ``(c)(1) Each report required under subsection (b) shall be 
submitted in unclassified form.
    ``(2) Not later than 7 days after a report is submitted under 
subsection (b), the Attorney General shall make such report publicly 
available.''.
    (d) Access to Certain Business Records and Other Tangible Things.--
Section 503 of the Foreign Intelligence Surveillance Act of 1978, as 
redesignated by section 101(c) of this Act, is amended--
            (1) in subsection (a), by striking ``Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence and the Committee on the 
        Judiciary of the Senate'' and inserting after ``Permanent 
        Select Committee on Intelligence of the House of 
        Representatives, the Select Committee on Intelligence of the 
        Senate, and the Committees on the Judiciary of the House of 
        Representatives and the Senate'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``to the preceding calendar year--'' and 
                inserting ``to the preceding calendar year the 
                following:'';
                    (B) in paragraph (1)--
                            (i) by striking ``the total'' and inserting 
                        ``The total''; and
                            (ii) by striking the semicolon and 
                        inserting a period;
                    (C) in paragraph (2)--
                            (i) by striking ``the total'' and inserting 
                        ``The total''; and
                            (ii) by striking ``; and'' and inserting a 
                        period;
                    (D) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``the number'' and inserting 
                        ``The number''; and
                            (ii) by adding at the end the following new 
                        subparagraphs:
                    ``(F) Records concerning electronic communications.
                    ``(G) Records concerning wire communications.''; 
                and
                    (E) by adding at the end the following new 
                paragraphs:
            ``(4) A description of all other tangible things sought by 
        an application made for the production of any tangible things 
        under section 501, and the number of orders under such section 
        501 granted, modified, or denied, for each tangible thing.
            ``(5) A description of each order under section 501 
        granted, modified, or denied for the production of tangible 
        things on an ongoing basis.
            ``(6) Each department or agency on whose behalf the 
        Director of the Federal Bureau of Investigation or a designee 
        of the Director has made an application for an order requiring 
        the production of any tangible things under section 501.
            ``(7) For each department or agency described in paragraph 
        (6), a breakdown of the numbers and descriptions required by 
        paragraphs (1), (2), (3), (4), and (5).''; and
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) in subparagraph (B), by striking the 
                        period and inserting a semicolon; and
                            (iii) by adding at the end the following 
                        new subparagraphs:
            ``(C) a good faith estimate of the total number of 
        individuals whose tangible things were produced under an order 
        entered under section 501, rounded to the nearest 100;
            ``(D) a good faith estimate of the total number of United 
        States persons whose tangible things were produced under an 
        order entered under section 501, rounded to the nearest 100; 
        and
            ``(E) a good faith estimate of the total number of United 
        States persons whose tangible things were produced under an 
        order entered under section 501 and subsequently reviewed or 
        accessed by a Federal officer, employee, or agent, rounded to 
        the nearest 100.''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(3) Not later than 7 days after the date on which a report is 
submitted under paragraph (1), the Attorney General shall make such 
report publicly available.''.
    (e) Additional Procedures Regarding Certain Persons Outside the 
United States.--Section 707 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881f) is amended by adding at the end the 
following new subsection:
    ``(c) Additional Annual Report.--
            ``(1) Report required.--In April of each year, the Attorney 
        General shall submit to the Permanent Select Committee on 
        Intelligence and the Committee on the Judiciary of the House of 
        Representatives and the Select Committee on Intelligence and 
        the Committee on the Judiciary of the Senate a report setting 
        forth with respect to the preceding year--
                    ``(A) the total number of--
                            ``(i) directives issued under section 702;
                            ``(ii) orders granted under section 703; 
                        and
                            ``(iii) orders granted under section 704;
                    ``(B) good faith estimates of the total number of 
                individuals, rounded to the nearest 100, whose 
                electronic or wire communications or communications 
                records were collected pursuant to--
                            ``(i) a directive issued under section 702;
                            ``(ii) an order granted under section 703; 
                        and
                            ``(iii) an order granted under section 704;
                    ``(C) good faith estimates of the total number, 
                rounded to the nearest 100, of United States persons 
                whose electronic or wire communications or 
                communications records were collected pursuant to--
                            ``(i) a directive issued under section 702;
                            ``(ii) an order granted under section 703; 
                        and
                            ``(iii) an order granted under section 704; 
                        and
                    ``(D) a good faith estimate of the total number of 
                United States persons whose electronic or wire 
                communications or communications records were collected 
                pursuant to a directive issued under section 702 and 
                subsequently reviewed or accessed by a Federal officer, 
                employee, or agent, rounded to the nearest 100.
            ``(2) Form.--Each report required under paragraph (1) shall 
        be submitted in unclassified form.
            ``(3) Public availability.--Not later than 7 days after the 
        date on which a report is submitted under paragraph (1), the 
        Attorney General shall make such report publicly available.''.

SEC. 603. GOVERNMENT REPORTING ON NATIONAL SECURITY LETTERS.

    Section 118(c) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (18 U.S.C. 3511 note) is amended to read as follows:
    ``(c) Report on Requests for National Security Letters.--
            ``(1) Classified form.--
                    ``(A) In general.--Not later than March 1, 2015, 
                and every 180 days thereafter, the Attorney General 
                shall submit to the Select Committee on Intelligence, 
                the Committee on the Judiciary, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate and 
                the Permanent Select Committee on Intelligence, the 
                Committee on the Judiciary, and the Committee on 
                Financial Services of the House of Representatives a 
                report fully informing the committees concerning the 
                requests made under section 2709(a) of title 18, United 
                States Code, section 1114 of the Right to Financial 
                Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)), section 
                626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), 
                or section 802 of the National Security Act of 1947 (50 
                U.S.C. 3162) during the applicable period.
                    ``(B) Contents.--Each report under subparagraph (A) 
                shall include, for each provision of law described in 
                subparagraph (A)--
                            ``(i) authorized requests under the 
                        provision, including requests for subscriber 
                        information; and
                            ``(ii) the number of authorized requests 
                        under the provision--
                                    ``(I) that relate to a United 
                                States person;
                                    ``(II) that relate to a person that 
                                is not a United States person;
                                    ``(III) that relate to a person 
                                that is--
                                            ``(aa) the subject of an 
                                        authorized national security 
                                        investigation; or
                                            ``(bb) an individual who 
                                        has been in contact with or 
                                        otherwise directly linked to 
                                        the subject of an authorized 
                                        national security 
                                        investigation; and
                                    ``(IV) that relate to a person that 
                                is not known to be the subject of an 
                                authorized national security 
                                investigation.
            ``(2) Unclassified form.--
                    ``(A) In general.--Not later than March 1, 2015, 
                and every 180 days thereafter, the Attorney General 
                shall submit to the Select Committee on Intelligence, 
                the Committee on the Judiciary, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate and 
                the Permanent Select Committee on Intelligence, the 
                Committee on the Judiciary, and the Committee on 
                Financial Services of the House of Representatives a 
                report fully informing the committees concerning the 
                aggregate total of all requests identified under 
                paragraph (1) during the applicable period. Each report 
                under this paragraph shall be in unclassified form.
                    ``(B) Contents.--Each report under subparagraph (A) 
                shall include the aggregate total of requests--
                            ``(i) that relate to a United States 
                        person;
                            ``(ii) that relate to a person that is not 
                        a United States person;
                            ``(iii) that relate to a person that is--
                                    ``(I) the subject of an authorized 
                                national security investigation; or
                                    ``(II) an individual who has been 
                                in contact with or otherwise directly 
                                linked to the subject of an authorized 
                                national security investigation; and
                            ``(iv) that relate to a person that is not 
                        known to be the subject of an authorized 
                        national security investigation.
            ``(3) Definitions.--In this subsection:
                    ``(A) Applicable period.--The term `applicable 
                period' means--
                            ``(i) with respect to the first report 
                        submitted under paragraph (1) or (2), the 
                        period beginning 180 days after the date of 
                        enactment of the USA FREEDOM Act and ending on 
                        December 31, 2014; and
                            ``(ii) with respect to the second report 
                        submitted under paragraph (1) or (2), and each 
                        report thereafter, the 6-month period ending on 
                        the last day of the second month before the 
                        date for submission of the report.
                    ``(B) United states person.--The term `United 
                States person' has the meaning given that term in 
                section 101 of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1801).''.

    TITLE VII--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA 
                               AUTHORITY

SEC. 701. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA 
              AUTHORITY.

    Section 1061(g) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
            (1) in paragraph (1)(D), by striking ``submit a written 
        request to the Attorney General of the United States that the 
        Attorney General'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3).
                                 <all>
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