IB 

Union Calendar No. 334 

113TH CONGRESS 

2D SESSION H. R. 3361 

[Report No. 113–452, Parts I and II] 

To reform the authorities of the Federal Government to require the production 

of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information 

gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 29, 2013 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the jurisdiction of the committee concerned 

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MAY 15, 2014 

Additional sponsors: Mr. ENYART, Mr. LEWIS, Ms. HANABUSA, Mr. 

FARENTHOLD, Ms. MCCOLLUM, Mr. SMITH of New Jersey, Mr. 

HORSFORD, Mr. MCCLINTOCK, Mr. TIERNEY, Ms. PINGREE of Maine, 

Ms. KUSTER, Mr. MCGOVERN, Mr. PERRY, Mr. LARSEN of Washington, 

Mr. RIBBLE, Ms. BONAMICI, Mr. CUMMINGS, Mr. NUGENT, Mr. 

LAMALFA, Ms. BROWNLEY of California, Mr. CARSON of Indiana, Mr. 

KINGSTON, Mr. LUETKEMEYER, Mrs. NOEM, Ms. SHEA-PORTER, Mr. 

SALMON, Mr. FLEMING, Mr. DEFAZIO, Mr. VELA, Mr. MCDERMOTT, Mr. 

STOCKMAN, Ms. SCHAKOWSKY, Mr. GRIJALVA, Mr. CICILLINE, Mr. 

COURTNEY, Mr. MESSER, Mr. JORDAN, Mrs. CAPPS, Ms. DELAURO, Ms. 

MATSUI, Mr. BROUN of Georgia, Mr. KEATING, Mr. WEBER of Texas, 

Mr. SCHRADER, Mr. AUSTIN SCOTT of Georgia, Mr. BRIDENSTINE, Mr. 

KENNEDY, Mr. SHERMAN, Mr. GARRETT, Mr. LYNCH, Mr. SWALWELL of 

California, Mr. BEN RAY LUJA ́N of New Mexico, Mr. DUNCAN of Tennessee, Mr. GUTHRIE, Mr. CAMPBELL, Mr. DOYLE, Ms. CLARK of Massachusetts, Mrs. CAROLYN B. MALONEY of New York, Mr. TONKO, Ms. 

TSONGAS, Mr. MARCHANT, Mr. GARDNER, Mr. NEAL, Mrs. NAPOLITANO, 

Mr. WILSON of South Carolina, Mr. COHEN, Mr. LANCE, Mr. PETERS

of Michigan, Mr. GOSAR, Ms. DEGETTE, Mr. SERRANO, Ms. HERRERA

BEUTLER, Mr. GOODLATTE, and Mr. WITTMAN

MAY 15, 2014 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 15, 2014 

Reported from the Select Committee on Intelligence (Permanent Select) with 

an amendment 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

May 15, 2014 

The Committee on Financial Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on October 29, 2013] 

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. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘USA FREEDOM Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 

TITLE I—FISA BUSINESS RECORDS REFORMS 

Sec. 101. Additional requirements for call detail records. 

Sec. 102. Emergency authority. 

Sec. 103. Prohibition on bulk collection of tangible things. 

Sec. 104. Judicial review of minimization procedures for the production of tangible things. 

Sec. 105. Liability protection. 

Sec. 106. Compensation for assistance. 

Sec. 107. Definitions. 

Sec. 108. Inspector general reports on business records orders. 

Sec. 109. Effective date. 

TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE 

REFORM 

Sec. 201. Prohibition on bulk collection. 

Sec. 202. Minimization procedures. 

TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE 

UNITED STATES REFORMS 

Sec. 301. Prohibition on reverse targeting. 

Sec. 302. Minimization procedures. 

Sec. 303. Limits on use of unlawfully obtained information. 

TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT 

REFORMS 

Sec. 401. Appointment of amicus curiae. 

Sec. 402. Declassification of decisions, orders, and opinions. 

TITLE V—NATIONAL SECURITY LETTER REFORM 

Sec. 501. Prohibition on bulk collection. 

TITLE VI—FISA TRANSPARENCY AND REPORTING REQUIREMENTS 

Sec. 601. Additional reporting on orders requiring production of business records. 

Sec. 602. Business records compliance reports to Congress. 

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Sec. 603. Annual report by the Director of the Administrative Office of the United 

States Courts on orders entered. 

Sec. 604. Public reporting by persons subject to FISA orders. 

Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. 

Sec. 606. Submission of reports under FISA. 

TITLE VII—SUNSETS 

Sec. 701. Sunsets. 

1 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

2 SURVEILLANCE ACT OF 1978. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms of 

5 an amendment to, or a repeal of, a section or other provi6 sion, the reference shall be considered to be made to a section 

7 or other provision of the Foreign Intelligence Surveillance 

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

9 TITLE I—FISA BUSINESS 

10 RECORDS REFORMS 

11 SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 

12 RECORDS. 

13 (a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 

14 1861(b)(2)) is amended— 

15 (1) in subparagraph (A)— 

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

17 striking ‘‘a statement’’ and inserting ‘‘in the case 

18 of an application other than an application de19 scribed in subparagraph (C), a statement’’; and 

20 (B) in clause (iii), by striking ‘‘; and’’ and 

21 inserting a semicolon; 

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1 (2) by redesignating subparagraphs (A) and (B) 

2 as subparagraphs (B) and (D), respectively; and 

3 (3) by inserting after subparagraph (B) (as so 

4 redesignated) the following new subparagraph: 

5 ‘‘(C) in the case of an application for the 

6 production of call detail records created on or 

7 after the date of the application, a statement of 

8 facts showing that— 

9 ‘‘(i) there are reasonable grounds to be10 lieve that the call detail records sought to be 

11 produced based on the specific selection term 

12 required under subparagraph (A) are rel13 evant to an authorized investigation (other 

14 than a threat assessment) conducted in ac15 cordance with subsection (a)(2) to protect 

16 against international terrorism; and 

17 ‘‘(ii) there are facts giving rise to a 

18 reasonable, articulable suspicion that such 

19 specific selection term is associated with a 

20 foreign power or an agent of a foreign 

21 power; and’’. 

22 (b) ORDER.—Section 501(c)(2) (50 U.S.C. 1861(c)(2)) 

23 is amended— 

24 (1) in subparagraph (D), by striking ‘‘; and’’ 

25 and inserting a semicolon; 

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1 (2) in subparagraph (E), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(F) in the case of an application described 

6 in subsection (b)(2)(C), shall— 

7 ‘‘(i) authorize the production of call de8 tail records for a period not to exceed 180 

9 days; 

10 ‘‘(ii) provide that an order for such 

11 production may be extended upon applica12 tion under subsection (b) and the judicial 

13 finding under paragraph (1); 

14 ‘‘(iii) provide that the Government 

15 may require the production of call detail 

16 records— 

17 ‘‘(I) using the specific selection 

18 term that satisfies the standard re19 quired under subsection (b)(2)(C)(ii) 

20 as the basis for production; and 

21 ‘‘(II) using the results of the pro22 duction under subclause (I) as the 

23 basis for production; 

24 ‘‘(iv) direct each person the Govern25 ment directs to produce call detail records 

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1 under the order to furnish the Government 

2 forthwith all information, facilities, or tech3 nical assistance necessary to accomplish the 

4 production in such a manner as will protect 

5 the secrecy of the production and produce a 

6 minimum of interference with the services 

7 that such person is providing to each subject 

8 of the production; and 

9 ‘‘(v) direct the Government to destroy 

10 all call detail records produced under the 

11 order not later than 5 years after the date 

12 of the production of such records, except for 

13 records that are relevant to an authorized 

14 investigation (other than a threat assess15 ment) conducted in accordance with sub16 section (a)(2) to protect against inter17 national terrorism.’’. 

18 SEC. 102. EMERGENCY AUTHORITY. 

19 (a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is 

20 amended by adding at the end the following new subsection: 

21 ‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF

22 TANGIBLE THINGS.— 

23 ‘‘(1) Notwithstanding any other provision of this 

24 section, the Attorney General may require the emermstockstill on DSK4VPTVN1PROD with BILLS

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1 gency production of tangible things if the Attorney 

2 General— 

3 ‘‘(A) reasonably determines that an emer4 gency situation requires the production of tan5 gible things before an order authorizing such 

6 production can with due diligence be obtained; 

7 ‘‘(B) reasonably determines that the factual 

8 basis for the issuance of an order under this sec9 tion to approve such production of tangible 

10 things exists; 

11 ‘‘(C) informs, either personally or through a 

12 designee, a judge having jurisdiction under this 

13 section at the time the Attorney General requires 

14 the emergency production of tangible things that 

15 the decision has been made to employ the author16 ity under this subsection; and 

17 ‘‘(D) makes an application in accordance 

18 with this section to a judge having jurisdiction 

19 under this section as soon as practicable, but not 

20 later than 7 days after the Attorney General re21 quires the emergency production of tangible 

22 things under this subsection. 

23 ‘‘(2) If the Attorney General authorizes the emer24 gency production of tangible things under paragraph 

25 (1), the Attorney General shall require that the minimstockstill on DSK4VPTVN1PROD with BILLS

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1 mization procedures required by this section for the 

2 issuance of a judicial order be followed. 

3 ‘‘(3) In the absence of a judicial order approving 

4 the production of tangible things under this sub5 section, the production shall terminate when the in6 formation sought is obtained, when the application 

7 for the order is denied, or after the expiration of 7 

8 days from the time the Attorney General begins re9 quiring the emergency production of such tangible 

10 things, whichever is earliest. 

11 ‘‘(4) A denial of the application made under this 

12 subsection may be reviewed as provided in this sec13 tion. 

14 ‘‘(5) If such application for approval is denied, 

15 or in any other case where the production of tangible 

16 things is terminated and no order is issued approving 

17 the production, no information obtained or evidence 

18 derived from such production shall be received in evi19 dence or otherwise disclosed in any trial, hearing, or 

20 other proceeding in or before any court, grand jury, 

21 department, office, agency, regulatory body, legislative 

22 committee, or other authority of the United States, a 

23 State, or political subdivision thereof, and no infor24 mation concerning any United States person acquired 

25 from such production shall subsequently be used or 

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1 disclosed in any other manner by Federal officers or 

2 employees without the consent of such person, except 

3 with the approval of the Attorney General if the in4 formation indicates a threat of death or serious bodily 

5 harm to any person. 

6 ‘‘(6) The Attorney General shall assess compli7 ance with the requirements of paragraph (5).’’. 

8 (b) CONFORMING AMENDMENT.—Section 501(d) (50 

9 U.S.C. 1861(d)) is amended— 

10 (1) in paragraph (1)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘pursuant to an order’’ and in13 serting ‘‘pursuant to an order issued or an emer14 gency production required’’; 

15 (B) in subparagraph (A), by striking ‘‘such 

16 order’’ and inserting ‘‘such order or such emer17 gency production’’; and 

18 (C) in subparagraph (B), by striking ‘‘the 

19 order’’ and inserting ‘‘the order or the emergency 

20 production’’; and 

21 (2) in paragraph (2)— 

22 (A) in subparagraph (A), by striking ‘‘an 

23 order’’ and inserting ‘‘an order or emergency 

24 production’’; and 

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1 (B) in subparagraph (B), by striking ‘‘an 

2 order’’ and inserting ‘‘an order or emergency 

3 production’’. 

4 SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN5 GIBLE THINGS. 

6 (a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 

7 1861(b)(2)), as amended by section 101(a) of this Act, is 

8 further amended by inserting before subparagraph (B), as 

9 redesignated by such section 101(a) of this Act, the following 

10 new subparagraph: 

11 ‘‘(A) a specific selection term to be used as 

12 the basis for the production of the tangible things 

13 sought;’’. 

14 (b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is 

15 amended— 

16 (1) in paragraph (2)(A), by striking the semi17 colon and inserting ‘‘, including each specific selec18 tion term to be used as the basis for the production;’’; 

19 and 

20 (2) by adding at the end the following new para21 graph: 

22 ‘‘(3) No order issued under this subsection may author23 ize the collection of tangible things without the use of a spe24 cific selection term that meets the requirements of subsection 

25 (b)(2).’’. 

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1 SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCE2 DURES FOR THE PRODUCTION OF TANGIBLE 

3 THINGS. 

4 Section 501(c)(1) (50 U.S.C. 1861(c)(1)) is amended 

5 by inserting after ‘‘subsections (a) and (b)’’ the following: 

6 ‘‘and that the minimization procedures submitted in ac7 cordance with subsection (b)(2)(D) meet the definition of 

8 minimization procedures under subsection (g)’’. 

9 SEC. 105. LIABILITY PROTECTION. 

10 Section 501(e) (50 U.S.C. 1861(e)) is amended to read 

11 as follows: 

12 ‘‘(e) No cause of action shall lie in any court against 

13 a person who produces tangible things or provides informa14 tion, facilities, or technical assistance pursuant to an order 

15 issued or an emergency production required under this sec16 tion. Such production shall not be deemed to constitute a 

17 waiver of any privilege in any other proceeding or con18 text.’’. 

19 SEC. 106. COMPENSATION FOR ASSISTANCE. 

20 Section 501 (50 U.S.C. 1861), as amended by section 

21 102 of this Act, is further amended by adding at the end 

22 the following new subsection: 

23 ‘‘(j) COMPENSATION.—The Government shall com24 pensate, at the prevailing rate, a person for producing tan25 gible things or providing information, facilities, or assistmstockstill on DSK4VPTVN1PROD with BILLS

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1 ance in accordance with an order issued or an emergency 

2 production required under this section.’’. 

3 SEC. 107. DEFINITIONS. 

4 Section 501 (50 U.S.C. 1861), as amended by section 

5 106 of this Act, is further amended by adding at the end 

6 the following new subsection: 

7 ‘‘(k) DEFINITIONS.—In this section: 

8 ‘‘(1) CALL DETAIL RECORD DEFINED.—The term 

9 ‘call detail record’— 

10 ‘‘(A) means session identifying information 

11 (including originating or terminating telephone 

12 number, International Mobile Subscriber Iden13 tity number, or International Mobile Station 

14 Equipment Identity number), a telephone calling 

15 card number, or the time or duration of a call; 

16 and 

17 ‘‘(B) does not include— 

18 ‘‘(i) the contents of any communication 

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

20 United States Code); 

21 ‘‘(ii) the name, address, or financial 

22 information of a subscriber or customer; or 

23 ‘‘(iii) cell site location information. 

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1 ‘‘(2) SPECIFIC SELECTION TERM.—The term 

2 ‘specific selection term’ means a term used to unique3 ly describe a person, entity, or account.’’. 

4 SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 

5 RECORDS ORDERS. 

6 Section 106A of the USA PATRIOT Improvement and 

7 Reauthorization Act of 2005 (Public Law 109–177; 120 

8 Stat. 200) is amended— 

9 (1) in subsection (b)— 

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

11 calendar years 2012 through 2014’’ after ‘‘2006’’; 

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

13 (C) by redesignating paragraphs (4) and 

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

15 (D) in paragraph (3) (as so redesignated)— 

16 (i) by striking subparagraph (C) and 

17 inserting the following new subparagraph: 

18 ‘‘(C) with respect to calendar years 2012 

19 through 2014, an examination of the minimiza20 tion procedures used in relation to orders under 

21 section 501 of the Foreign Intelligence Surveil22 lance Act of 1978 (50 U.S.C. 1861) and whether 

23 the minimization procedures adequately protect 

24 the constitutional rights of United States per25 sons;’’; and 

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

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

3 the National Security Act of 1947 (50 

4 U.S.C. 401a(4)))’’; 

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

6 following new paragraph: 

7 ‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— 

8 Not later than December 31, 2015, the Inspector Gen9 eral of the Department of Justice shall submit to the 

10 Committee on the Judiciary and the Select Committee 

11 on Intelligence of the Senate and the Committee on 

12 the Judiciary and the Permanent Select Committee 

13 on Intelligence of the House of Representatives a re14 port containing the results of the audit conducted 

15 under subsection (a) for calendar years 2012 through 

16 2014.’’; 

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

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

19 (4) by inserting after subsection (c) the following 

20 new subsection: 

21 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

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

23 January 1, 2012, and ending on December 31, 2014, 

24 the Inspector General of the Intelligence Community 

25 shall assess— 

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1 ‘‘(A) the importance of the information ac2 quired under title V of the Foreign Intelligence 

3 Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) 

4 to the activities of the intelligence community; 

5 ‘‘(B) the manner in which that information 

6 was collected, retained, analyzed, and dissemi7 nated by the intelligence community; 

8 ‘‘(C) the minimization procedures used by 

9 elements of the intelligence community under 

10 such title and whether the minimization proce11 dures adequately protect the constitutional rights 

12 of United States persons; and 

13 ‘‘(D) any minimization procedures proposed 

14 by an element of the intelligence community 

15 under such title that were modified or denied by 

16 the court established under section 103(a) of such 

17 Act (50 U.S.C. 1803(a)). 

18 ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.—Not 

19 later than December 31, 2015, the Inspector General 

20 of the Intelligence Community shall submit to the 

21 Committee on the Judiciary and the Select Committee 

22 on Intelligence of the Senate and the Committee on 

23 the Judiciary and the Permanent Select Committee 

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1 port containing the results of the assessment for cal2 endar years 2012 through 2014.’’; 

3 (5) in subsection (e), as redesignated by para4 graph (3)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘a report under sub7 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

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

9 (ii) by striking ‘‘Inspector General of 

10 the Department of Justice’’ and inserting 

11 ‘‘Inspector General of the Department of 

12 Justice, the Inspector General of the Intel13 ligence Community, and any Inspector 

14 General of an element of the intelligence 

15 community that prepares a report to assist 

16 the Inspector General of the Department of 

17 Justice or the Inspector General of the Intel18 ligence Community in complying with the 

19 requirements of this section’’; and 

20 (B) in paragraph (2), by striking ‘‘the re21 ports submitted under subsections (c)(1) and 

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

23 under subsection (c) or (d)’’; 

24 (6) in subsection (f), as redesignated by para25 graph (3)— 

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1 (A) by striking ‘‘The reports submitted 

2 under subsections (c)(1) and (c)(2)’’ and insert3 ing ‘‘Each report submitted under subsection 

4 (c)’’; and 

5 (B) by striking ‘‘subsection (d)(2)’’ and in6 serting ‘‘subsection (e)(2)’’; and 

7 (7) by adding at the end the following new sub8 section: 

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

10 ‘‘(1) INTELLIGENCE COMMUNITY.—The term ‘in11 telligence community’ has the meaning given that 

12 term in section 3 of the National Security Act of 1947 

13 (50 U.S.C. 3003). 

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

15 ‘United States person’ has the meaning given that 

16 term in section 101 of the Foreign Intelligence Sur17 veillance Act of 1978 (50 U.S.C. 1801).’’. 

18 SEC. 109. EFFECTIVE DATE. 

19 The amendments made by sections 101 through 103 

20 shall take effect on the date that is 180 days after the date 

21 of the enactment of this Act. 

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1 TITLE II—FISA PEN REGISTER 

2 AND TRAP AND TRACE DE3 VICE REFORM 

4 SEC. 201. PROHIBITION ON BULK COLLECTION. 

5 (a) PROHIBITION.—Section 402(c) (50 U.S.C. 1842(c)) 

6 is amended— 

7 (1) in paragraph (1), by striking ‘‘; and’’ and 

8 inserting a semicolon; 

9 (2) in paragraph (2), by striking the period and 

10 inserting a semicolon; and 

11 (3) by adding at the end the following new para12 graph: 

13 ‘‘(3) a specific selection term to be used as the 

14 basis for selecting the telephone line or other facility 

15 to which the pen register or trap and trace device is 

16 to be attached or applied; and’’. 

17 (b) DEFINITION.—Section 401 (50 U.S.C. 1841) is 

18 amended by adding at the end the following new paragraph: 

19 ‘‘(4) The term ‘specific selection term’ has the 

20 meaning given the term in section 501.’’. 

21 SEC. 202. MINIMIZATION PROCEDURES. 

22 (a) DEFINITION.—Section 401 (50 U.S.C. 1841), as 

23 amended by section 201 of this Act, is further amended by 

24 adding at the end the following new paragraph: 

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

2 means— 

3 ‘‘(A) specific procedures that are reasonably 

4 designed in light of the purpose and technique of 

5 an order for the installation and use of a pen 

6 register or trap and trace device to minimize the 

7 retention and prohibit the dissemination of non8 publicly available information concerning 

9 unconsenting United States persons consistent 

10 with the need of the United States to obtain, 

11 produce, and disseminate foreign intelligence in12 formation; 

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

15 intelligence information, as defined in section 

16 101(e)(1), shall not be disseminated in a manner 

17 that identifies any United States person, without 

18 such person’s consent, unless such person’s iden19 tity is necessary to understand foreign intel20 ligence information or assess its importance; and 

21 ‘‘(C) notwithstanding subparagraphs (A) 

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

23 and dissemination of information that is evi24 dence of a crime which has been, is being, or is 

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1 about to be committed and that is to be retained 

2 or disseminated for law enforcement purposes.’’. 

3 (b) APPLICATION.—Section 402(c) (50 U.S.C. 

4 1842(c)), as amended by section 201 of this Act, is further 

5 amended by adding at the end the following new paragraph: 

6 ‘‘(4) a statement of proposed minimization pro7 cedures.’’. 

8 (c) ORDER.—Section 402(d) (50 U.S.C. 1842(d)) is 

9 amended— 

10 (1) in paragraph (1), by inserting ‘‘and that the 

11 proposed minimization procedures meet the definition 

12 of minimization procedures under this title’’ before 

13 the period at the end; and 

14 (2) in paragraph (2)(B)— 

15 (A) in clause (ii)(II), by striking ‘‘; and’’ 

16 and inserting a semicolon; and 

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

18 clause: 

19 ‘‘(iv) the minimization procedures be fol20 lowed; and’’. 

21 (d) COMPLIANCE ASSESSMENT.—Section 402 (50 

22 U.S.C. 1842) is amended by adding at the end the following 

23 new subsection: 

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

25 the installation and use of a pen register or trap and trace 

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1 device is approved under an order or an extension under 

2 this section, the judge may assess compliance with the mini3 mization procedures by reviewing the circumstances under 

4 which information concerning United States persons was 

5 retained or disseminated.’’. 

6 TITLE III—FISA ACQUISITIONS 

7 TARGETING PERSONS OUT8 SIDE THE UNITED STATES RE9 FORMS 

10 SEC. 301. PROHIBITION ON REVERSE TARGETING. 

11 Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is amended 

12 by striking ‘‘the purpose’’ and inserting ‘‘a purpose’’. 

13 SEC. 302. MINIMIZATION PROCEDURES. 

14 Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amend15 ed— 

16 (1) by striking ‘‘that meet’’ and inserting the fol17 lowing: ‘‘that— 

18 ‘‘(A) meet’’; 

19 (2) in subparagraph (A) (as designated by para20 graph (1) of this section), by striking the period and 

21 inserting ‘‘; and’’; and 

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

24 ‘‘(B) consistent with such definition, mini25 mize the acquisition, and prohibit the retention 

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1 and dissemination, of any communication as to 

2 which the sender and all intended recipients are 

3 determined to be located in the United States 

4 and prohibit the use of any discrete, non-target 

5 communication that is determined to be to or 

6 from a United States person or a person who ap7 pears to be located in the United States, except 

8 to protect against an immediate threat to human 

9 life.’’. 

10 SEC. 303. LIMITS ON USE OF UNLAWFULLY OBTAINED IN11 FORMATION. 

12 Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended 

13 by adding at the end the following new subparagraph: 

14 ‘‘(D) LIMITATION ON USE OF INFORMA15 TION.— 

16 ‘‘(i) IN GENERAL.—Except as provided 

17 in clause (ii), no information obtained or 

18 evidence derived from an acquisition pursu19 ant to a certification or targeting or mini20 mization procedures subject to an order 

21 under subparagraph (B) concerning any 

22 United States person shall be received in 

23 evidence or otherwise disclosed in any trial, 

24 hearing, or other proceeding in or before 

25 any court, grand jury, department, office, 

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1 agency, regulatory body, legislative com2 mittee, or other authority of the United 

3 States, a State, or political subdivision 

4 thereof, and no information concerning any 

5 United States person acquired from the ac6 quisition shall subsequently be used or dis7 closed in any other manner by Federal offi8 cers or employees without the consent of the 

9 United States person, except with the ap10 proval of the Attorney General if the infor11 mation indicates a threat of death or seri12 ous bodily harm to any person. 

13 ‘‘(ii) EXCEPTION.—If the Government 

14 corrects any deficiency identified by the 

15 order of the Court under subparagraph (B), 

16 the Court may permit the use or disclosure 

17 of information acquired before the date of 

18 the correction under such minimization 

19 procedures as the Court shall establish for 

20 purposes of this clause.’’. 

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1 TITLE IV—FOREIGN INTEL2 LIGENCE SURVEILLANCE 

3 COURT REFORMS 

4 SEC. 401. APPOINTMENT OF AMICUS CURIAE. 

5 Section 103 (50 U.S.C. 1803) is amended by adding 

6 at the end the following new subsection: 

7 ‘‘(i) AMICUS CURIAE.— 

8 ‘‘(1) AUTHORIZATION.—A court established 

9 under subsection (a) or (b), consistent with the re10 quirement of subsection (c) and any other statutory 

11 requirement that the court act expeditiously or within 

12 a stated time— 

13 ‘‘(A) shall appoint an individual to serve as 

14 amicus curiae to assist such court in the consid15 eration of any application for an order or review 

16 that, in the opinion of the court, presents a novel 

17 or significant interpretation of the law, unless 

18 the court issues a written finding that such ap19 pointment is not appropriate; and 

20 ‘‘(B) may appoint an individual to serve as 

21 amicus curiae in any other instance as such 

22 court deems appropriate. 

23 ‘‘(2) DESIGNATION.—The presiding judges of the 

24 courts established under subsections (a) and (b) shall 

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1 gible to serve as amicus curiae. Such individuals shall 

2 be persons who possess expertise in privacy and civil 

3 liberties, intelligence collection, telecommunications, 

4 or any other area of law that may lend legal or tech5 nical expertise to the courts and who have been deter6 mined by appropriate executive branch officials to be 

7 eligible for access to classified information. 

8 ‘‘(3) DUTIES.—An individual appointed to serve 

9 as amicus curiae under paragraph (1) shall carry out 

10 the duties assigned by the appointing court. Such 

11 court may authorize the individual appointed to serve 

12 as amicus curiae to review any application, certifi13 cation, petition, motion, or other submission that the 

14 court determines is relevant to the duties assigned by 

15 the court. 

16 ‘‘(4) NOTIFICATION.—The presiding judges of the 

17 courts established under subsections (a) and (b) shall 

18 notify the Attorney General of each exercise of the au19 thority to appoint an individual to serve as amicus 

20 curiae under paragraph (1). 

21 ‘‘(5) ASSISTANCE.—A court established under 

22 subsection (a) or (b) may request and receive (includ23 ing on a non-reimbursable basis) the assistance of the 

24 executive branch in the implementation of this sub25 section. 

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1 ‘‘(6) ADMINISTRATION.—A court established 

2 under subsection (a) or (b) may provide for the des3 ignation, appointment, removal, training, or other 

4 support for an individual appointed to serve as ami5 cus curiae under paragraph (1) in a manner that is 

6 not inconsistent with this subsection.’’. 

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

8 OPINIONS. 

9 (a) DECLASSIFICATION.—Title VI (50 U.S.C. 1871 et 

10 seq.) is amended— 

11 (1) in the heading, by striking ‘‘REPORTING 

12 REQUIREMENT’’ and inserting ‘‘OVER13 SIGHT’’; and 

14 (2) by adding at the end the following new sec15 tion: 

16 ‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 

17 ORDERS, AND OPINIONS. 

18 ‘‘(a) DECLASSIFICATION REQUIRED.—Subject to sub19 section (b), the Attorney General shall conduct a declas20 sification review of each decision, order, or opinion issued 

21 by the Foreign Intelligence Surveillance Court or the For22 eign Intelligence Surveillance Court of Review (as defined 

23 in section 601(e)) that includes a significant construction 

24 or interpretation of any provision of this Act and, con25 sistent with that review, make publicly available to the 

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1 greatest extent practicable each such decision, order, or 

2 opinion. 

3 ‘‘(b) REDACTED FORM.—The Attorney General may 

4 satisfy the requirement under subsection (a) to make a deci5 sion, order, or opinion described in such subsection publicly 

6 available to the greatest extent practicable by making such 

7 decision, order, or opinion publicly available in redacted 

8 form. 

9 ‘‘(c) NATIONAL SECURITY WAIVER.—The Attorney 

10 General may waive the requirement to declassify and make 

11 publicly available a particular decision, order, or opinion 

12 under subsection (a) if the Attorney General— 

13 ‘‘(1) determines that a waiver of such require14 ment is necessary to protect the national security of 

15 the United States or properly classified intelligence 

16 sources or methods; and 

17 ‘‘(2) makes publicly available an unclassified 

18 summary of such decision, order, or opinion.’’. 

19 (b) TABLE OF CONTENTS AMENDMENTS.—The table of 

20 contents in the first section is amended— 

21 (1) by striking the item relating to title VI and 

22 inserting the following new item: 

‘‘TITLE VI—OVERSIGHT’’; AND

23 (2) by inserting after the item relating to section 

24 601 the following new item: 

‘‘Sec. 602. Declassification of significant decisions, orders, and opinions.’’. 

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1 TITLE V—NATIONAL SECURITY 

2 LETTER REFORM 

3 SEC. 501. PROHIBITION ON BULK COLLECTION. 

4 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

5 TOLL AND TRANSACTIONAL RECORDS.—Section 2709(b) of 

6 title 18, United States Code, is amended in the matter pre7 ceding paragraph (1) by striking ‘‘may’’ and inserting 

8 ‘‘may, using a specific selection term as the basis for a re9 quest’’. 

10 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN IN11 TELLIGENCE AND PROTECTIVE PURPOSES.—Section 

12 1114(a)(2) of the Right to Financial Privacy Act of 1978 

13 (12 U.S.C. 3414(a)(2)) is amended by striking the period 

14 and inserting ‘‘and a specific selection term to be used as 

15 the basis for the production and disclosure of financial 

16 records.’’. 

17 (c) DISCLOSURES TO FBI OF CERTAIN CONSUMER

18 RECORDS FOR COUNTERINTELLIGENCE PURPOSES.—Sec19 tion 626(a) of the Fair Credit Reporting Act (15 U.S.C. 

20 1681u(a)) is amended by striking ‘‘that information,’’ and 

21 inserting ‘‘that information that includes a specific selec22 tion term to be used as the basis for the production of that 

23 information,’’. 

24 (d) DISCLOSURES TO GOVERNMENTAL AGENCIES FOR

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1 PORTS.—Section 627(a) of the Fair Credit Reporting Act 

2 (15 U.S.C. 1681v(a)) is amended by striking ‘‘analysis.’’ 

3 and inserting ‘‘analysis and a specific selection term to be 

4 used as the basis for the production of such information.’’. 

5 (e) DEFINITIONS.— 

6 (1) COUNTERINTELLIGENCE ACCESS TO TELE7 PHONE TOLL AND TRANSACTIONAL RECORDS.—Sec8 tion 2709 of title 18, United States Code, is amended 

9 by adding at the end the following new subsection: 

10 ‘‘(g) SPECIFIC SELECTION TERM DEFINED.—In this 

11 section, the term ‘specific selection term’ has the meaning 

12 given the term in section 501 of the Foreign Intelligence 

13 Surveillance Act of 1978 (50 U.S.C. 1861).’’. 

14 (2) ACCESS TO FINANCIAL RECORDS FOR CER15 TAIN INTELLIGENCE AND PROTECTIVE PURPOSES.— 

16 Section 1114 of the Right to Financial Privacy Act 

17 of 1978 (12 U.S.C. 3414) is amended by adding at 

18 the end the following new subsection: 

19 ‘‘(e) In this section, the term ‘specific selection term’ 

20 has the meaning given the term in section 501 of the For21 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

22 1861).’’. 

23 (3) DISCLOSURES TO FBI OF CERTAIN CONSUMER

24 RECORDS FOR COUNTERINTELLIGENCE PURPOSES.— 

25 Section 626 of the Fair Credit Reporting Act (15 

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1 U.S.C. 1681u) is amended by adding at the end the 

2 following new subsection: 

3 ‘‘(n) SPECIFIC SELECTION TERM DEFINED.—In this 

4 section, the term ‘specific selection term’ has the meaning 

5 given the term in section 501 of the Foreign Intelligence 

6 Surveillance Act of 1978 (50 U.S.C. 1861).’’. 

7 (4) DISCLOSURES TO GOVERNMENTAL AGENCIES

8 FOR COUNTERTERRORISM PURPOSES OF CONSUMER

9 REPORTS.—Section 627 of the Fair Credit Reporting 

10 Act (15 U.S.C. 1681v) is amended by adding at the 

11 end the following new subsection: 

12 ‘‘(g) SPECIFIC SELECTION TERM DEFINED.—In this 

13 section, the term ‘specific selection term’ has the meaning 

14 given the term in section 501 of the Foreign Intelligence 

15 Surveillance Act of 1978 (50 U.S.C. 1861).’’. 

16 TITLE VI—FISA TRANSPARENCY 

17 AND REPORTING REQUIRE18 MENTS 

19 SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING 

20 PRODUCTION OF BUSINESS RECORDS. 

21 Section 502(b) (50 U.S.C. 1862(b)) is amended— 

22 (1) by redesignating paragraphs (1), (2), and (3) 

23 as paragraphs (5), (6), and (7), respectively; and 

24 (2) by inserting before paragraph (5) (as so re25 designated) the following new paragraphs: 

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1 ‘‘(1) the total number of applications described 

2 in section 501(b)(2)(B) made for orders approving re3 quests for the production of tangible things; 

4 ‘‘(2) the total number of such orders either grant5 ed, modified, or denied; 

6 ‘‘(3) the total number of applications described 

7 in section 501(b)(2)(C) made for orders approving re8 quests for the production of call detail records; 

9 ‘‘(4) the total number of such orders either grant10 ed, modified, or denied;’’. 

11 SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO 

12 CONGRESS. 

13 (a) BUSINESS RECORDS PRODUCTIONS.—Section 

14 502(b) (50 U.S.C. 1862(b)), as amended by section 601 of 

15 this Act, is further amended— 

16 (1) by redesignating paragraphs (1) through (7) 

17 as paragraphs (2) through (8), respectively; and 

18 (2) by inserting before paragraph (2) (as so re19 designated) the following new paragraph: 

20 ‘‘(1) any compliance reviews conducted by the 

21 Federal Government of the production of tangible 

22 things under section 501;’’. 

23 (b) FISA AUTHORITIES IN GENERAL.—Section 601(a) 

24 (50 U.S.C. 1871(a)) is amended— 

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1 (1) in paragraph (4), by striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (2) in paragraph (5), by striking the period and 

4 inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new para6 graph: 

7 ‘‘(6) any compliance reviews conducted by the 

8 Federal Government of electronic surveillance, phys9 ical searches, the installation of pen register or trap 

10 and trace devices, access to records, or acquisitions 

11 conducted under this Act.’’. 

12 SEC. 603. ANNUAL REPORT BY THE DIRECTOR OF THE AD13 MINISTRATIVE OFFICE OF THE UNITED 

14 STATES COURTS ON ORDERS ENTERED. 

15 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 

16 as amended by section 402 of this Act, is further amended 

17 by adding at the end the following new section: 

18 ‘‘SEC. 603. ANNUAL REPORT ON ORDERS ENTERED. 

19 ‘‘The Director of the Administrative Office of the 

20 United States Courts shall annually submit to the Perma21 nent Select Committee on Intelligence and the Committee 

22 on the Judiciary of the House of Representatives and the 

23 Select Committee on Intelligence and the Committee on the 

24 Judiciary of the Senate and make publicly available on an 

25 Internet website— 

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1 ‘‘(1) the number of orders entered under each of 

2 sections 105, 304, 402, 501, 702, 703, and 704; 

3 ‘‘(2) the number of orders modified under each of 

4 those sections; 

5 ‘‘(3) the number of orders denied under each of 

6 those sections; and 

7 ‘‘(4) the number of appointments of an indi8 vidual to serve as amicus curiae under section 103, 

9 including the name of each individual appointed to 

10 serve as amicus curiae.’’. 

11 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

12 contents in the first section, as amended by section 402 of 

13 this Act, is further amended by inserting after the item re14 lating to section 602, as added by such section 402, the fol15 lowing new item: 

‘‘Sec. 603. Annual report on orders entered.’’. 

16 SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 

17 FISA ORDERS. 

18 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 

19 as amended by section 603 of this Act, is further amended 

20 by adding at the end the following new section: 

21 ‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 

22 ORDERS. 

23 ‘‘(a) REPORTING.—A person may semiannually pub24 licly report the following information with respect to the 

25 preceding half year using one of the following structures: 

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1 ‘‘(1) A report that aggregates the number of or2 ders or directives the person was required to comply 

3 with in the following separate categories: 

4 ‘‘(A) Criminal process, subject to no restric5 tions. 

6 ‘‘(B) The number of national security letters 

7 received, reported in bands of 1000 starting with 

8 0-999. 

9 ‘‘(C) The number of customer accounts af10 fected by national security letters, reported in 

11 bands of 1000 starting with 0-999. 

12 ‘‘(D) The number of orders under this Act 

13 for content, reported in bands of 1000 starting 

14 with 0-999. 

15 ‘‘(E) With respect to content orders under 

16 this Act, in bands of 1000 starting with 0-999— 

17 ‘‘(i) the number of customer accounts 

18 affected under orders under title I; and 

19 ‘‘(ii) the number of customer selectors 

20 targeted under orders under title VII. 

21 ‘‘(F) The number of orders under this Act 

22 for non-content, reported in bands of 1000 start23 ing with 0-999. 

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1 ‘‘(G) With respect to non-content orders 

2 under this Act, in bands of 1000 starting with 

3 0-999— 

4 ‘‘(i) the number of customer accounts 

5 affected under orders under— 

6 ‘‘(I) title I; 

7 ‘‘(II) title IV; 

8 ‘‘(III) title V with respect to ap9 plications described in section 

10 501(b)(2)(B); and 

11 ‘‘(IV) title V with respect to ap12 plications described in section 

13 501(b)(2)(C); and 

14 ‘‘(ii) the number of customer selectors 

15 targeted under orders under title VII. 

16 ‘‘(2) A report that aggregates the number of or17 ders or directives the person was required to comply 

18 with in the following separate categories: 

19 ‘‘(A) Criminal process, subject to no restric20 tions. 

21 ‘‘(B) The total number of all national secu22 rity process received, including all national secu23 rity letters and orders under this Act, reported 

24 as a single number in a band of 0-249 and there25 after in bands of 250. 

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1 ‘‘(C) The total number of customer selectors 

2 targeted under all national security process re3 ceived, including all national security letters and 

4 orders under this Act, reported as a single num5 ber in a band of 0-249 and thereafter in bands 

6 of 250. 

7 ‘‘(3) A report that aggregates the number of or8 ders or directives the person was required to comply 

9 with in the following separate categories: 

10 ‘‘(A) Criminal process, subject to no restric11 tions. 

12 ‘‘(B) The number of national security letters 

13 received, reported in bands of 500 starting with 

14 0-499. 

15 ‘‘(C) The number of customer accounts af16 fected by national security letters, reported in 

17 bands of 500 starting with 0-499. 

18 ‘‘(D) The number of orders under this Act 

19 for content, reported in bands of 500 starting 

20 with 0-499. 

21 ‘‘(E) The number of customer selectors tar22 geted under such orders, in bands of 500 starting 

23 with 0-499. 

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1 ‘‘(F) The number of orders under this Act 

2 for non-content, reported in bands of 500 start3 ing with 0-499. 

4 ‘‘(G) The number of customer selectors tar5 geted under such orders, reported in bands of 500 

6 starting with 0-499. 

7 ‘‘(b) NATIONAL SECURITY LETTER DEFINED.—The 

8 term ‘national security letter’ means any of the following 

9 provisions: 

10 ‘‘(1) Section 2709 of title 18, United States 

11 Code. 

12 ‘‘(2) Section 1114(a)(5)(A) of the Right to Fi13 nancial Privacy Act of 1978 (12 U.S.C. 

14 3414(a)(5)(A)). 

15 ‘‘(3) Subsection (a) or (b) of section 626 of the 

16 Fair Credit Reporting Act (15 U.S.C. 1681u(a), 

17 1681u(b)). 

18 ‘‘(4) Section 627(a) of the Fair Credit Reporting 

19 Act (15 U.S.C. 1681v(a)).’’. 

20 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

21 contents in the first section, as amended by section 603 of 

22 this Act, is further amended by inserting after the item re23 lating to section 603, as added by section 603 of this Act, 

24 the following new item: 

‘‘Sec. 604. Public reporting by persons subject to orders.’’. 

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1 SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS OF 

2 THE FOREIGN INTELLIGENCE SURVEILLANCE 

3 COURT. 

4 Section 601(c)(1) (50 U.S.C. 1871(c)) is amended to 

5 read as follows: 

6 ‘‘(1) not later than 45 days after the date on 

7 which the Foreign Intelligence Surveillance Court or 

8 the Foreign Intelligence Surveillance Court of Review 

9 issues a decision, order, or opinion that includes a 

10 significant construction or interpretation of any pro11 vision of this Act or a denial of a request for an order 

12 or a modification of a request for an order, or results 

13 in a change of application of any provision of this 

14 Act or a new application of any provision of this 

15 Act— 

16 ‘‘(A) a copy of such decision, order, or opin17 ion and any pleadings, applications, or memo18 randa of law associated with such decision, 

19 order, or opinion; and 

20 ‘‘(B) with respect to such decision, order, or 

21 opinion, a brief statement of the relevant back22 ground factual information, questions of law, 

23 legal analysis, and decision rendered; and’’. 

24 SEC. 606. SUBMISSION OF REPORTS UNDER FISA. 

25 (a) ELECTRONIC SURVEILLANCE.—Section 108(a)(1) 

26 (50 U.S.C. 1808(a)(1)) is amended by striking ‘‘the House 

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1 Permanent Select Committee on Intelligence and the Senate 

2 Select Committee on Intelligence, and the Committee on the 

3 Judiciary of the Senate,’’ and inserting ‘‘the Permanent Se4 lect Committee on Intelligence and the Committee on the 

5 Judiciary of the House of Representatives and the Select 

6 Committee on Intelligence and the Committee on the Judici7 ary of the Senate’’. 

8 (b) PHYSICAL SEARCHES.—Section 306 (50 U.S.C. 

9 1826) is amended— 

10 (1) in the first sentence, by striking ‘‘Permanent 

11 Select Committee on Intelligence of the House of Rep12 resentatives and the Select Committee on Intelligence 

13 of the Senate, and the Committee on the Judiciary of 

14 the Senate,’’ and inserting ‘‘Permanent Select Com15 mittee on Intelligence and the Committee on the Judi16 ciary of the House of Representatives and the Select 

17 Committee on Intelligence and the Committee on the 

18 Judiciary of the Senate’’; and 

19 (2) in the second sentence, by striking ‘‘and the 

20 Committee on the Judiciary of the House of Rep21 resentatives’’. 

22 (c) PEN REGISTER AND TRAP AND TRACE DEVICES.— 

23 Section 406(b) (50 U.S.C. 1846(b)) is amended— 

24 (1) in paragraph (2), by striking ‘‘; and’’ and 

25 inserting a semicolon; 

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1 (2) in paragraph (3), by striking the period and 

2 inserting a semicolon; and 

3 (3) by adding at the end the following new para4 graphs: 

5 ‘‘(4) each department or agency on behalf of 

6 which the Government has made application for or7 ders approving the use of pen registers or trap and 

8 trace devices under this title; and 

9 ‘‘(5) for each department or agency described in 

10 paragraph (4), a breakdown of the numbers required 

11 by paragraphs (1), (2), and (3).’’. 

12 (d) ACCESS TO CERTAIN BUSINESS RECORDS AND

13 OTHER TANGIBLE THINGS.—Section 502(a) (50 U.S.C. 

14 1862(a)) is amended by striking ‘‘Permanent Select Com15 mittee on Intelligence of the House of Representatives and 

16 the Select Committee on Intelligence and the Committee on 

17 the Judiciary of the Senate’’ and inserting ‘‘Permanent Se18 lect Committee on Intelligence of the House of Representa19 tives, the Select Committee on Intelligence of the Senate, 

20 and the Committees on the Judiciary of the House of Rep21 resentatives and the Senate’’. 

22 TITLE VII—SUNSETS 

23 SEC. 701. SUNSETS. 

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1 TRIOT Improvement and Reauthorization Act of 2005 (50 

2 U.S.C. 1805 note) is amended by striking ‘‘June 1, 2015’’ 

3 and inserting ‘‘December 31, 2017’’. 

4 (b) INTELLIGENCE REFORM AND TERRORISM PREVEN5 TION ACT OF 2004.—Section 6001(b)(1) of the Intelligence 

6 Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 

7 1801 note) is amended by striking ‘‘June 1, 2015’’ and in8 serting ‘‘December 31, 2017’’. 

9 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

11 the ‘‘USA FREEDOM Act’’. 

12 (b) TABLE OF CONTENTS.—The table of con13 tents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to the Foreign Intelligence Surveillance 

Act of 1978. 

TITLE I—FISA BUSINESS RECORDS REFORMS 

Sec. 101. Additional requirements for call detail records. 

Sec. 102. Emergency authority. 

Sec. 103. Prohibition on bulk collection of tangible things. 

Sec. 104. Judicial review of minimization procedures for the 

production of tangible things. 

Sec. 105. Liability protection. 

Sec. 106. Compensation for assistance. 

Sec. 107. Definitions. 

Sec. 108. Inspector general reports on business records orders. 

Sec. 109. Effective date. 

TITLE II—FISA PEN REGISTER AND TRAP AND TRACE 

DEVICE REFORM 

Sec. 201. Prohibition on bulk collection. 

Sec. 202. Minimization procedures. 

TITLE III—FISA ACQUISITIONS TARGETING PERSONS 

OUTSIDE THE UNITED STATES REFORMS 

Sec. 301. Prohibition on reverse targeting. 

Sec. 302. Minimization procedures. 

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Sec. 303. Limits on use of unlawfully obtained information. 

TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE 

COURT REFORMS 

Sec. 401. Appointment of amicus curiae. 

Sec. 402. Declassification of decisions, orders, and opinions. 

TITLE V—NATIONAL SECURITY LETTER REFORM 

Sec. 501. Prohibition on bulk collection. 

TITLE VI—FISA TRANSPARENCY AND REPORTING 

REQUIREMENTS 

Sec. 601. Additional reporting on orders requiring production 

of business records. 

Sec. 602. Business records compliance reports to Congress. 

Sec. 603. Annual report by the Director of the Administrative 

Office of the United States Courts on orders entered. 

Sec. 604. Public reporting by persons subject to FISA orders. 

Sec. 605. Reporting requirements for decisions of the Foreign 

Intelligence Surveillance Court. 

Sec. 606. Submission of reports under FISA. 

TITLE VII—SUNSETS 

Sec. 701. Sunsets. 

1 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

2 SURVEILLANCE ACT OF 1978. 

3 Except as otherwise expressly provided, 

4 whenever in this Act an amendment or repeal 

5 is expressed in terms of an amendment to, or 

6 a repeal of, a section or other provision, the 

7 reference shall be considered to be made to a 

8 section or other provision of the Foreign In9 telligence Surveillance Act of 1978 (50 U.S.C. 

10 1801 et seq.). 

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1 TITLE I—FISA BUSINESS 

2 RECORDS REFORMS 

3 SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 

4 RECORDS. 

5 (a) APPLICATION.—Section 501(b)(2) (50 

6 U.S.C. 1861(b)(2)) is amended— 

7 (1) in subparagraph (A)— 

8 (A) in the matter preceding clause 

9 (i), by striking ‘‘a statement’’ and in10 serting ‘‘in the case of an application 

11 other than an application described 

12 in subparagraph (C), a statement’’; 

13 and 

14 (B) in clause (iii), by striking ‘‘; 

15 and’’ and inserting a semicolon; 

16 (2) by redesignating subparagraphs 

17 (A) and (B) as subparagraphs (B) and (D), 

18 respectively; and 

19 (3) by inserting after subparagraph 

20 (B) (as so redesignated) the following 

21 new subparagraph: 

22 ‘‘(C) in the case of an application 

23 for the production of call detail 

24 records created on or after the date 

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1 of the application, a statement of 

2 facts showing that— 

3 ‘‘(i) there are reasonable 

4 grounds to believe that the call 

5 detail records sought to be pro6 duced based on the specific selec7 tion term required under sub8 paragraph (A) are relevant to an 

9 authorized investigation (other 

10 than a threat assessment) con11 ducted in accordance with sub12 section (a)(2) to protect against 

13 international terrorism; and 

14 ‘‘(ii) there are facts giving rise 

15 to a reasonable, articulable sus16 picion that such specific selection 

17 term is associated with a foreign 

18 power or an agent of a foreign 

19 power; and’’. 

20 (b) ORDER.—Section 501(c)(2) (50 U.S.C. 

21 1861(c)(2)) is amended— 

22 (1) in subparagraph (D), by striking ‘‘; 

23 and’’ and inserting a semicolon; 

24 (2) in subparagraph (E), by striking 

25 the period and inserting ‘‘; and’’; and 

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1 (3) by adding at the end the following 

2 new subparagraph: 

3 ‘‘(F) in the case of an application 

4 described in subsection (b)(2)(C), 

5 shall— 

6 ‘‘(i) authorize the production 

7 of call detail records for a period 

8 not to exceed 180 days; 

9 ‘‘(ii) provide that an order for 

10 such production may be extended 

11 upon application under sub12 section (b) and the judicial find13 ing under paragraph (1); 

14 ‘‘(iii) provide that the Govern15 ment may require the production 

16 of call detail records— 

17 ‘‘(I) using the specific se18 lection term that satisfies the 

19 standard required under sub20 section (b)(2)(C)(ii) as the 

21 basis for production; and 

22 ‘‘(II) using the results of 

23 the production under sub24 clause (I) as the basis for pro25 duction; 

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1 ‘‘(iv) direct each person the 

2 Government directs to produce 

3 call detail records under the 

4 order to furnish the Government 

5 forthwith all information, facili6 ties, or technical assistance nec7 essary to accomplish the produc8 tion in such a manner as will pro9 tect the secrecy of the production 

10 and produce a minimum of inter11 ference with the services that 

12 such person is providing to each 

13 subject of the production; and 

14 ‘‘(v) direct the Government to 

15 destroy all call detail records pro16 duced under the order not later 

17 than 5 years after the date of the 

18 production of such records, ex19 cept for records that are relevant 

20 to an authorized investigation 

21 (other than a threat assessment) 

22 conducted in accordance with 

23 subsection (a)(2) to protect 

24 against international terrorism.’’. 

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1 SEC. 102. EMERGENCY AUTHORITY. 

2 (a) AUTHORITY.—Section 501 (50 U.S.C. 

3 1861) is amended by adding at the end the fol4 lowing new subsection: 

5 ‘‘(i) EMERGENCY AUTHORITY FOR PRODUC6 TION OF TANGIBLE THINGS.— 

7 ‘‘(1) Notwithstanding any other provi8 sion of this section, the Attorney General 

9 may require the emergency production of 

10 tangible things if the Attorney General— 

11 ‘‘(A) reasonably determines that 

12 an emergency situation requires the 

13 production of tangible things before 

14 an order authorizing such production 

15 can with due diligence be obtained; 

16 ‘‘(B) reasonably determines that 

17 the factual basis for the issuance of 

18 an order under this section to ap19 prove such production of tangible 

20 things exists; 

21 ‘‘(C) informs, either personally or 

22 through a designee, a judge having 

23 jurisdiction under this section at the 

24 time the Attorney General requires 

25 the emergency production of tangible 

26 things that the decision has been 

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1 made to employ the authority under 

2 this subsection; and 

3 ‘‘(D) makes an application in ac4 cordance with this section to a judge 

5 having jurisdiction under this section 

6 as soon as practicable, but not later 

7 than 7 days after the Attorney Gen8 eral requires the emergency produc9 tion of tangible things under this sub10 section. 

11 ‘‘(2) If the Attorney General author12 izes the emergency production of tan13 gible things under paragraph (1), the At14 torney General shall require that the 

15 minimization procedures required by this 

16 section for the issuance of a judicial 

17 order be followed. 

18 ‘‘(3) In the absence of a judicial order 

19 approving the production of tangible 

20 things under this subsection, the produc21 tion shall terminate when the informa22 tion sought is obtained, when the appli23 cation for the order is denied, or after 

24 the expiration of 7 days from the time the 

25 Attorney General begins requiring the 

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1 emergency production of such tangible 

2 things, whichever is earliest. 

3 ‘‘(4) A denial of the application made 

4 under this subsection may be reviewed as 

5 provided in this section. 

6 ‘‘(5) If such application for approval 

7 is denied, or in any other case where the 

8 production of tangible things is termi9 nated and no order is issued approving 

10 the production, no information obtained 

11 or evidence derived from such produc12 tion shall be received in evidence or oth13 erwise disclosed in any trial, hearing, or 

14 other proceeding in or before any court, 

15 grand jury, department, office, agency, 

16 regulatory body, legislative committee, or 

17 other authority of the United States, a 

18 State, or political subdivision thereof, 

19 and no information concerning any 

20 United States person acquired from such 

21 production shall subsequently be used or 

22 disclosed in any other manner by Federal 

23 officers or employees without the consent 

24 of such person, except with the approval 

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1 tion indicates a threat of death or serious 

2 bodily harm to any person. 

3 ‘‘(6) The Attorney General shall assess 

4 compliance with the requirements of 

5 paragraph (5).’’. 

6 (b) CONFORMING AMENDMENT.—Section 

7 501(d) (50 U.S.C. 1861(d)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding sub10 paragraph (A), by striking ‘‘pursuant 

11 to an order’’ and inserting ‘‘pursuant 

12 to an order issued or an emergency 

13 production required’’; 

14 (B) in subparagraph (A), by strik15 ing ‘‘such order’’ and inserting ‘‘such 

16 order or such emergency production’’; 

17 and 

18 (C) in subparagraph (B), by strik19 ing ‘‘the order’’ and inserting ‘‘the 

20 order or the emergency production’’; 

21 and 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (A), by strik24 ing ‘‘an order’’ and inserting ‘‘an 

25 order or emergency production’’; and 

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1 (B) in subparagraph (B), by strik2 ing ‘‘an order’’ and inserting ‘‘an 

3 order or emergency production’’. 

4 SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN5 GIBLE THINGS. 

6 (a) APPLICATION.—Section 501(b)(2) (50 

7 U.S.C. 1861(b)(2)), as amended by section 

8 101(a) of this Act, is further amended by in9 serting before subparagraph (B), as redesig10 nated by such section 101(a) of this Act, the 

11 following new subparagraph: 

12 ‘‘(A) a specific selection term to be 

13 used as the basis for the production 

14 of the tangible things sought;’’. 

15 (b) ORDER.—Section 501(c) (50 U.S.C. 

16 1861(c)) is amended— 

17 (1) in paragraph (2)(A), by striking 

18 the semicolon and inserting ‘‘, including 

19 each specific selection term to be used as 

20 the basis for the production;’’; and 

21 (2) by adding at the end the following 

22 new paragraph: 

23 ‘‘(3) No order issued under this subsection 

24 may authorize the collection of tangible 

25 things without the use of a specific selection 

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1 term that meets the requirements of sub2 section (b)(2).’’. 

3 SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCE4 DURES FOR THE PRODUCTION OF TANGIBLE 

5 THINGS. 

6 Section 501(c)(1) (50 U.S.C. 1861(c)(1)) is 

7 amended by inserting after ‘‘subsections (a) 

8 and (b)’’ the following: ‘‘and that the mini9 mization procedures submitted in accordance 

10 with subsection (b)(2)(D) meet the definition 

11 of minimization procedures under subsection 

12 (g)’’. 

13 SEC. 105. LIABILITY PROTECTION. 

14 Section 501(e) (50 U.S.C. 1861(e)) is amend15 ed to read as follows: 

16 ‘‘(e) No cause of action shall lie in any 

17 court against a person who produces tangible 

18 things or provides information, facilities, or 

19 technical assistance pursuant to an order 

20 issued or an emergency production required 

21 under this section. Such production shall not 

22 be deemed to constitute a waiver of any privi23 lege in any other proceeding or context.’’. 

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1 SEC. 106. COMPENSATION FOR ASSISTANCE. 

2 Section 501 (50 U.S.C. 1861), as amended 

3 by section 102 of this Act, is further amended 

4 by adding at the end the following new sub5 section: 

6 ‘‘(j) COMPENSATION.—The Government 

7 shall compensate, at the prevailing rate, a 

8 person for producing tangible things or pro9 viding information, facilities, or assistance in 

10 accordance with an order issued or an emer11 gency production required under this sec12 tion.’’. 

13 SEC. 107. DEFINITIONS. 

14 Section 501 (50 U.S.C. 1861), as amended 

15 by section 106 of this Act, is further amended 

16 by adding at the end the following new sub17 section: 

18 ‘‘(k) DEFINITIONS.—In this section: 

19 ‘‘(1) CALL DETAIL RECORD DEFINED.— 

20 The term ‘call detail record’— 

21 ‘‘(A) means session identifying in22 formation (including originating or 

23 terminating telephone number, Inter24 national Mobile Subscriber Identity 

25 number, or International Mobile Sta26 tion Equipment Identity number), a 

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1 telephone calling card number, or the 

2 time or duration of a call; and 

3 ‘‘(B) does not include— 

4 ‘‘(i) the contents of any com5 munication (as defined in section 

6 2510(8) of title 18, United States 

7 Code); 

8 ‘‘(ii) the name, address, or fi9 nancial information of a sub10 scriber or customer; or 

11 ‘‘(iii) cell site location infor12 mation. 

13 ‘‘(2) SPECIFIC SELECTION TERM.—The 

14 term ‘specific selection term’ means a 

15 term used to uniquely describe a person, 

16 entity, or account.’’. 

17 SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 

18 RECORDS ORDERS. 

19 Section 106A of the USA PATRIOT Im20 provement and Reauthorization Act of 2005 

21 (Public Law 109–177; 120 Stat. 200) is amend22 ed— 

23 (1) in subsection (b)— 

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1 (A) in paragraph (1), by inserting 

2 ‘‘and calendar years 2012 through 

3 2014’’ after ‘‘2006’’; 

4 (B) by striking paragraphs (2) and 

5 (3); 

6 (C) by redesignating paragraphs 

7 (4) and (5) as paragraphs (2) and (3), 

8 respectively; and 

9 (D) in paragraph (3) (as so redes10 ignated)— 

11 (i) by striking subparagraph 

12 (C) and inserting the following 

13 new subparagraph: 

14 ‘‘(C) with respect to calendar 

15 years 2012 through 2014, an examina16 tion of the minimization procedures 

17 used in relation to orders under sec18 tion 501 of the Foreign Intelligence 

19 Surveillance Act of 1978 (50 U.S.C. 

20 1861) and whether the minimization 

21 procedures adequately protect the 

22 constitutional rights of United States 

23 persons;’’; and 

24 (ii) in subparagraph (D), by 

25 striking ‘‘(as such term is defined 

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1 in section 3(4) of the National Se2 curity Act of 1947 (50 U.S.C. 

3 401a(4)))’’; 

4 (2) in subsection (c), by adding at the 

5 end the following new paragraph: 

6 ‘‘(3) CALENDAR YEARS 2012 THROUGH

7 2014.—Not later than December 31, 2015, 

8 the Inspector General of the Department 

9 of Justice shall submit to the Committee 

10 on the Judiciary and the Select Com11 mittee on Intelligence of the Senate and 

12 the Committee on the Judiciary and the 

13 Permanent Select Committee on Intel14 ligence of the House of Representatives a 

15 report containing the results of the audit 

16 conducted under subsection (a) for cal17 endar years 2012 through 2014.’’; 

18 (3) by redesignating subsections (d) 

19 and (e) as subsections (e) and (f), respec20 tively; 

21 (4) by inserting after subsection (c) 

22 the following new subsection: 

23 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

24 ‘‘(1) IN GENERAL.—For the period be25 ginning on January 1, 2012, and ending 

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1 on December 31, 2014, the Inspector Gen2 eral of the Intelligence Community shall 

3 assess— 

4 ‘‘(A) the importance of the infor5 mation acquired under title V of the 

6 Foreign Intelligence Surveillance Act 

7 of 1978 (50 U.S.C. 1861 et seq.) to the 

8 activities of the intelligence commu9 nity; 

10 ‘‘(B) the manner in which that in11 formation was collected, retained, 

12 analyzed, and disseminated by the in13 telligence community; 

14 ‘‘(C) the minimization procedures 

15 used by elements of the intelligence 

16 community under such title and 

17 whether the minimization procedures 

18 adequately protect the constitutional 

19 rights of United States persons; and 

20 ‘‘(D) any minimization procedures 

21 proposed by an element of the intel22 ligence community under such title 

23 that were modified or denied by the 

24 court established under section 103(a) 

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

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1 ‘‘(2) SUBMISSION DATE FOR ASSESS2 MENT.—Not later than December 31, 2015, 

3 the Inspector General of the Intelligence 

4 Community shall submit to the Com5 mittee on the Judiciary and the Select 

6 Committee on Intelligence of the Senate 

7 and the Committee on the Judiciary and 

8 the Permanent Select Committee on In9 telligence of the House of Representa10 tives a report containing the results of 

11 the assessment for calendar years 2012 

12 through 2014.’’; 

13 (5) in subsection (e), as redesignated 

14 by paragraph (3)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘a report under 

17 subsection (c)(1) or (c)(2)’’ and in18 serting ‘‘any report under sub19 section (c) or (d)’’; and 

20 (ii) by striking ‘‘Inspector 

21 General of the Department of Jus22 tice’’ and inserting ‘‘Inspector 

23 General of the Department of Jus24 tice, the Inspector General of the 

25 Intelligence Community, and any 

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1 Inspector General of an element 

2 of the intelligence community 

3 that prepares a report to assist 

4 the Inspector General of the De5 partment of Justice or the Inspec6 tor General of the Intelligence 

7 Community in complying with the 

8 requirements of this section’’; and 

9 (B) in paragraph (2), by striking 

10 ‘‘the reports submitted under sub11 sections (c)(1) and (c)(2)’’ and insert12 ing ‘‘any report submitted under sub13 section (c) or (d)’’; 

14 (6) in subsection (f), as redesignated 

15 by paragraph (3)— 

16 (A) by striking ‘‘The reports sub17 mitted under subsections (c)(1) and 

18 (c)(2)’’ and inserting ‘‘Each report 

19 submitted under subsection (c)’’; and 

20 (B) by striking ‘‘subsection (d)(2)’’ 

21 and inserting ‘‘subsection (e)(2)’’; and 

22 (7) by adding at the end the following 

23 new subsection: 

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

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1 ‘‘(1) INTELLIGENCE COMMUNITY.—The 

2 term ‘intelligence community’ has the 

3 meaning given that term in section 3 of 

4 the National Security Act of 1947 (50 

5 U.S.C. 3003). 

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

7 ‘United States person’ has the meaning 

8 given that term in section 101 of the For9 eign Intelligence Surveillance Act of 1978 

10 (50 U.S.C. 1801).’’. 

11 SEC. 109. EFFECTIVE DATE. 

12 The amendments made by sections 101 

13 through 103 shall take effect on the date that 

14 is 180 days after the date of the enactment of 

15 this Act. 

16 TITLE II—FISA PEN REGISTER 

17 AND TRAP AND TRACE DE18 VICE REFORM 

19 SEC. 201. PROHIBITION ON BULK COLLECTION. 

20 (a) PROHIBITION.—Section 402(c) (50 U.S.C. 

21 1842(c)) is amended— 

22 (1) in paragraph (1), by striking ‘‘; 

23 and’’ and inserting a semicolon; 

24 (2) in paragraph (2), by striking the 

25 period and inserting a semicolon; and 

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1 (3) by adding at the end the following 

2 new paragraph: 

3 ‘‘(3) a specific selection term to be 

4 used as the basis for selecting the tele5 phone line or other facility to which the 

6 pen register or trap and trace device is to 

7 be attached or applied; and’’. 

8 (b) DEFINITION.—Section 401 (50 U.S.C. 

9 1841) is amended by adding at the end the fol10 lowing new paragraph: 

11 ‘‘(4) The term ‘specific selection term’ 

12 has the meaning given the term in sec13 tion 501.’’. 

14 SEC. 202. MINIMIZATION PROCEDURES. 

15 (a) DEFINITION.—Section 401 (50 U.S.C. 

16 1841), as amended by section 201 of this Act, 

17 is further amended by adding at the end the 

18 following new paragraph: 

19 ‘‘(5) The term ‘minimization proce20 dures’ means— 

21 ‘‘(A) specific procedures that are 

22 reasonably designed in light of the 

23 purpose and technique of an order 

24 for the installation and use of a pen 

25 register or trap and trace device to 

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1 minimize the retention and prohibit 

2 the dissemination of nonpublicly 

3 available information concerning 

4 unconsenting United States persons 

5 consistent with the need of the 

6 United States to obtain, produce, and 

7 disseminate foreign intelligence in8 formation; 

9 ‘‘(B) procedures that require that 

10 nonpublicly available information, 

11 which is not foreign intelligence in12 formation, as defined in section 

13 101(e)(1), shall not be disseminated in 

14 a manner that identifies any United 

15 States person, without such person’s 

16 consent, unless such person’s identity 

17 is necessary to understand foreign in18 telligence information or assess its 

19 importance; and 

20 ‘‘(C) notwithstanding subpara21 graphs (A) and (B), procedures that 

22 allow for the retention and dissemi23 nation of information that is evidence 

24 of a crime which has been, is being, 

25 or is about to be committed and that 

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1 is to be retained or disseminated for 

2 law enforcement purposes.’’. 

3 (b) APPLICATION.—Section 402(c) (50 U.S.C. 

4 1842(c)), as amended by section 201 of this 

5 Act, is further amended by adding at the end 

6 the following new paragraph: 

7 ‘‘(4) a statement of proposed mini8 mization procedures.’’. 

9 (c) ORDER.—Section 402(d) (50 U.S.C. 

10 1842(d)) is amended— 

11 (1) in paragraph (1), by inserting ‘‘and 

12 that the proposed minimization proce13 dures meet the definition of minimization 

14 procedures under this title’’ before the 

15 period at the end; and 

16 (2) in paragraph (2)(B)— 

17 (A) in clause (ii)(II), by striking ‘‘; 

18 and’’ and inserting a semicolon; and 

19 (B) by adding at the end the fol20 lowing new clause: 

21 ‘‘(iv) the minimization procedures 

22 be followed; and’’. 

23 (d) COMPLIANCE ASSESSMENT.—Section 402 

24 (50 U.S.C. 1842) is amended by adding at the 

25 end the following new subsection: 

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1 ‘‘(h) At or before the end of the period of 

2 time for which the installation and use of a 

3 pen register or trap and trace device is ap4 proved under an order or an extension under 

5 this section, the judge may assess compliance 

6 with the minimization procedures by review7 ing the circumstances under which informa8 tion concerning United States persons was re9 tained or disseminated.’’. 

10 TITLE III—FISA ACQUISITIONS 

11 TARGETING PERSONS OUT12 SIDE THE UNITED STATES RE13 FORMS 

14 SEC. 301. PROHIBITION ON REVERSE TARGETING. 

15 Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is 

16 amended by striking ‘‘the purpose’’ and in17 serting ‘‘a purpose’’. 

18 SEC. 302. MINIMIZATION PROCEDURES. 

19 Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is 

20 amended— 

21 (1) by striking ‘‘that meet’’ and insert22 ing the following: ‘‘that— 

23 ‘‘(A) meet’’; 

24 (2) in subparagraph (A) (as des25 ignated by paragraph (1) of this section), 

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1 by striking the period and inserting ‘‘; 

2 and’’; and 

3 (3) by adding at the end the following 

4 new subparagraph: 

5 ‘‘(B) consistent with such defini6 tion, minimize the acquisition, and 

7 prohibit the retention and dissemina8 tion, of any communication as to 

9 which the sender and all intended re10 cipients are determined to be located 

11 in the United States and prohibit the 

12 use of any discrete, non-target com13 munication that is determined to be 

14 to or from a United States person or 

15 a person who appears to be located in 

16 the United States, except to protect 

17 against an immediate threat to 

18 human life.’’. 

19 SEC. 303. LIMITS ON USE OF UNLAWFULLY OBTAINED IN20 FORMATION. 

21 Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is 

22 amended by adding at the end the following 

23 new subparagraph: 

24 ‘‘(D) LIMITATION ON USE OF INFOR25 MATION.— 

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1 ‘‘(i) IN GENERAL.—Except as 

2 provided in clause (ii), no infor3 mation obtained or evidence de4 rived from an acquisition pursu5 ant to a certification or targeting 

6 or minimization procedures sub7 ject to an order under subpara8 graph (B) concerning any United 

9 States person shall be received in 

10 evidence or otherwise disclosed 

11 in any trial, hearing, or other pro12 ceeding in or before any court, 

13 grand jury, department, office, 

14 agency, regulatory body, legisla15 tive committee, or other authority 

16 of the United States, a State, or 

17 political subdivision thereof, and 

18 no information concerning any 

19 United States person acquired 

20 from the acquisition shall subse21 quently be used or disclosed in 

22 any other manner by Federal offi23 cers or employees without the 

24 consent of the United States per25 son, except with the approval of 

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1 the Attorney General if the infor2 mation indicates a threat of death 

3 or serious bodily harm to any per4 son. 

5 ‘‘(ii) EXCEPTION.—If the Gov6 ernment corrects any deficiency 

7 identified by the order of the 

8 Court under subparagraph (B), 

9 the Court may permit the use or 

10 disclosure of information ac11 quired before the date of the cor12 rection under such minimization 

13 procedures as the Court shall es14 tablish for purposes of this 

15 clause.’’. 

16 TITLE IV—FOREIGN INTEL17 LIGENCE SURVEILLANCE 

18 COURT REFORMS 

19 SEC. 401. APPOINTMENT OF AMICUS CURIAE. 

20 Section 103 (50 U.S.C. 1803) is amended by 

21 adding at the end the following new sub22 section: 

23 ‘‘(i) AMICUS CURIAE.— 

24 ‘‘(1) AUTHORIZATION.—A court estab25 lished under subsection (a) or (b), conmstockstill on DSK4VPTVN1PROD with BILLS

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1 sistent with the requirement of sub2 section (c) and any other statutory re3 quirement that the court act expedi4 tiously or within a stated time— 

5 ‘‘(A) shall appoint an individual to 

6 serve as amicus curiae to assist such 

7 court in the consideration of any ap8 plication for an order or review that, 

9 in the opinion of the court, presents a 

10 novel or significant interpretation of 

11 the law, unless the court issues a 

12 written finding that such appoint13 ment is not appropriate; and 

14 ‘‘(B) may appoint an individual to 

15 serve as amicus curiae in any other 

16 instance as such court deems appro17 priate. 

18 ‘‘(2) DESIGNATION.—The presiding 

19 judges of the courts established under 

20 subsections (a) and (b) shall jointly des21 ignate not less than 5 individuals to be el22 igible to serve as amicus curiae. Such in23 dividuals shall be persons who possess 

24 expertise in privacy and civil liberties, 

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1 cations, or any other area of law that 

2 may lend legal or technical expertise to 

3 the courts and who have been deter4 mined by appropriate executive branch 

5 officials to be eligible for access to classi6 fied information. 

7 ‘‘(3) DUTIES.—An individual appointed 

8 to serve as amicus curiae under para9 graph (1) shall carry out the duties as10 signed by the appointing court. Such 

11 court may authorize the individual ap12 pointed to serve as amicus curiae to re13 view any application, certification, peti14 tion, motion, or other submission that the 

15 court determines is relevant to the duties 

16 assigned by the court. 

17 ‘‘(4) NOTIFICATION.—The presiding 

18 judges of the courts established under 

19 subsections (a) and (b) shall notify the At20 torney General of each exercise of the au21 thority to appoint an individual to serve 

22 as amicus curiae under paragraph (1). 

23 ‘‘(5) ASSISTANCE.—A court established 

24 under subsection (a) or (b) may request 

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1 bursable basis) the assistance of the exec2 utive branch in the implementation of 

3 this subsection. 

4 ‘‘(6) ADMINISTRATION.—A court estab5 lished under subsection (a) or (b) may 

6 provide for the designation, appointment, 

7 removal, training, or other support for an 

8 individual appointed to serve as amicus 

9 curiae under paragraph (1) in a manner 

10 that is not inconsistent with this sub11 section.’’. 

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

13 OPINIONS. 

14 (a) DECLASSIFICATION.—Title VI (50 U.S.C. 

15 1871 et seq.) is amended— 

16 (1) in the heading, by striking ‘‘RE17 PORTING REQUIREMENT’’ and inserting 

18 ‘‘OVERSIGHT’’; and 

19 (2) by adding at the end the following 

20 new section: 

21 ‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 

22 ORDERS, AND OPINIONS. 

23 ‘‘(a) DECLASSIFICATION REQUIRED.—Subject 

24 to subsection (b), the Attorney General shall 

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1 cision, order, or opinion issued by the Foreign 

2 Intelligence Surveillance Court or the For3 eign Intelligence Surveillance Court of Re4 view (as defined in section 601(e)) that in5 cludes a significant construction or interpre6 tation of any provision of this Act and, con7 sistent with that review, make publicly avail8 able to the greatest extent practicable each 

9 such decision, order, or opinion. 

10 ‘‘(b) REDACTED FORM.—The Attorney Gen11 eral may satisfy the requirement under sub12 section (a) to make a decision, order, or opin13 ion described in such subsection publicly 

14 available to the greatest extent practicable by 

15 making such decision, order, or opinion pub16 licly available in redacted form. 

17 ‘‘(c) NATIONAL SECURITY WAIVER.—The At18 torney General may waive the requirement to 

19 declassify and make publicly available a par20 ticular decision, order, or opinion under sub21 section (a) if the Attorney General— 

22 ‘‘(1) determines that a waiver of such 

23 requirement is necessary to protect the 

24 national security of the United States or 

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1 properly classified intelligence sources or 

2 methods; and 

3 ‘‘(2) makes publicly available an un4 classified summary of such decision, 

5 order, or opinion.’’. 

6 (b) TABLE OF CONTENTS AMENDMENTS.—The 

7 table of contents in the first section is amend8 ed— 

9 (1) by striking the item relating to 

10 title VI and inserting the following new 

11 item: 

‘‘TITLE VI—OVERSIGHT’’; AND

12 (2) by inserting after the item relat13 ing to section 601 the following new item: 

‘‘Sec. 602. Declassification of significant decisions, orders, and 

opinions.’’. 

14 TITLE V—NATIONAL SECURITY 

15 LETTER REFORM 

16 SEC. 501. PROHIBITION ON BULK COLLECTION. 

17 (a) COUNTERINTELLIGENCE ACCESS TO TELE18 PHONE TOLL AND TRANSACTIONAL RECORDS.— 

19 Section 2709(b) of title 18, United States Code, 

20 is amended in the matter preceding para21 graph (1) by striking ‘‘may’’ and inserting 

22 ‘‘may, using a specific selection term as the 

23 basis for a request’’. 

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1 (b) ACCESS TO FINANCIAL RECORDS FOR CER2 TAIN INTELLIGENCE AND PROTECTIVE PUR3 POSES.—Section 1114(a)(2) of the Right to Fi4 nancial Privacy Act of 1978 (12 U.S.C. 

5 3414(a)(2)) is amended by striking the period 

6 and inserting ‘‘and a specific selection term to 

7 be used as the basis for the production and 

8 disclosure of financial records.’’. 

9 (c) DISCLOSURES TO FBI OF CERTAIN CON10 SUMER RECORDS FOR COUNTERINTELLIGENCE

11 PURPOSES.—Section 626(a) of the Fair Credit 

12 Reporting Act (15 U.S.C. 1681u(a)) is amended 

13 by striking ‘‘that information,’’ and inserting 

14 ‘‘that information that includes a specific se15 lection term to be used as the basis for the 

16 production of that information,’’. 

17 (d) DISCLOSURES TO GOVERNMENTAL AGEN18 CIES FOR COUNTERTERRORISM PURPOSES OF

19 CONSUMER REPORTS.—Section 627(a) of the 

20 Fair Credit Reporting Act (15 U.S.C. 1681v(a)) 

21 is amended by striking ‘‘analysis.’’ and insert22 ing ‘‘analysis and a specific selection term to 

23 be used as the basis for the production of such 

24 information.’’. 

25 (e) DEFINITIONS.— 

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1 (1) COUNTERINTELLIGENCE ACCESS TO

2 TELEPHONE TOLL AND TRANSACTIONAL

3 RECORDS.—Section 2709 of title 18, United 

4 States Code, is amended by adding at the 

5 end the following new subsection: 

6 ‘‘(g) SPECIFIC SELECTION TERM DEFINED.— 

7 In this section, the term ‘specific selection 

8 term’ has the meaning given the term in sec9 tion 501 of the Foreign Intelligence Surveil10 lance Act of 1978 (50 U.S.C. 1861).’’. 

11 (2) ACCESS TO FINANCIAL RECORDS FOR

12 CERTAIN INTELLIGENCE AND PROTECTIVE

13 PURPOSES.—Section 1114 of the Right to 

14 Financial Privacy Act of 1978 (12 U.S.C. 

15 3414) is amended by adding at the end 

16 the following new subsection: 

17 ‘‘(e) In this section, the term ‘specific se18 lection term’ has the meaning given the term 

19 in section 501 of the Foreign Intelligence Sur20 veillance Act of 1978 (50 U.S.C. 1861).’’. 

21 (3) DISCLOSURES TO FBI OF CERTAIN

22 CONSUMER RECORDS FOR COUNTERINTEL23 LIGENCE PURPOSES.—Section 626 of the 

24 Fair Credit Reporting Act (15 U.S.C. 

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1 1681u) is amended by adding at the end 

2 the following new subsection: 

3 ‘‘(n) SPECIFIC SELECTION TERM DEFINED.— 

4 In this section, the term ‘specific selection 

5 term’ has the meaning given the term in sec6 tion 501 of the Foreign Intelligence Surveil7 lance Act of 1978 (50 U.S.C. 1861).’’. 

8 (4) DISCLOSURES TO GOVERNMENTAL

9 AGENCIES FOR COUNTERTERRORISM PUR10 POSES OF CONSUMER REPORTS.—Section 627 

11 of the Fair Credit Reporting Act (15 

12 U.S.C. 1681v) is amended by adding at the 

13 end the following new subsection: 

14 ‘‘(g) SPECIFIC SELECTION TERM DEFINED.— 

15 In this section, the term ‘specific selection 

16 term’ has the meaning given the term in sec17 tion 501 of the Foreign Intelligence Surveil18 lance Act of 1978 (50 U.S.C. 1861).’’. 

19 TITLE VI—FISA TRANSPARENCY 

20 AND REPORTING REQUIRE21 MENTS 

22 SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING 

23 PRODUCTION OF BUSINESS RECORDS. 

24 Section 502(b) (50 U.S.C. 1862(b)) is 

25 amended— 

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1 (1) by redesignating paragraphs (1), 

2 (2), and (3) as paragraphs (5), (6), and (7), 

3 respectively; and 

4 (2) by inserting before paragraph (5) 

5 (as so redesignated) the following new 

6 paragraphs: 

7 ‘‘(1) the total number of applications 

8 described in section 501(b)(2)(B) made for 

9 orders approving requests for the pro10 duction of tangible things; 

11 ‘‘(2) the total number of such orders 

12 either granted, modified, or denied; 

13 ‘‘(3) the total number of applications 

14 described in section 501(b)(2)(C) made for 

15 orders approving requests for the pro16 duction of call detail records; 

17 ‘‘(4) the total number of such orders 

18 either granted, modified, or denied;’’. 

19 SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO 

20 CONGRESS. 

21 (a) BUSINESS RECORDS PRODUCTIONS.—Sec22 tion 502(b) (50 U.S.C. 1862(b)), as amended by 

23 section 601 of this Act, is further amended— 

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1 (1) by redesignating paragraphs (1) 

2 through (7) as paragraphs (2) through (8), 

3 respectively; and 

4 (2) by inserting before paragraph (2) 

5 (as so redesignated) the following new 

6 paragraph: 

7 ‘‘(1) any compliance reviews con8 ducted by the Federal Government of the 

9 production of tangible things under sec10 tion 501;’’. 

11 (b) FISA AUTHORITIES IN GENERAL.—Sec12 tion 601(a) (50 U.S.C. 1871(a)) is amended— 

13 (1) in paragraph (4), by striking ‘‘; 

14 and’’ and inserting a semicolon; 

15 (2) in paragraph (5), by striking the 

16 period and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following 

18 new paragraph: 

19 ‘‘(6) any compliance reviews con20 ducted by the Federal Government of 

21 electronic surveillance, physical 

22 searches, the installation of pen register 

23 or trap and trace devices, access to 

24 records, or acquisitions conducted under 

25 this Act.’’. 

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1 SEC. 603. ANNUAL REPORT BY THE DIRECTOR OF THE AD2 MINISTRATIVE OFFICE OF THE UNITED 

3 STATES COURTS ON ORDERS ENTERED. 

4 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et 

5 seq.), as amended by section 402 of this Act, 

6 is further amended by adding at the end the 

7 following new section: 

8 ‘‘SEC. 603. ANNUAL REPORT ON ORDERS ENTERED. 

9 ‘‘The Director of the Administrative Office 

10 of the United States Courts shall annually 

11 submit to the Permanent Select Committee on 

12 Intelligence and the Committee on the Judici13 ary of the House of Representatives and the 

14 Select Committee on Intelligence and the 

15 Committee on the Judiciary of the Senate and 

16 make publicly available on an Internet 

17 website— 

18 ‘‘(1) the number of orders entered 

19 under each of sections 105, 304, 402, 501, 

20 702, 703, and 704; 

21 ‘‘(2) the number of orders modified 

22 under each of those sections; 

23 ‘‘(3) the number of orders denied 

24 under each of those sections; and 

25 ‘‘(4) the number of appointments of 

26 an individual to serve as amicus curiae 

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1 under section 103, including the name of 

2 each individual appointed to serve as 

3 amicus curiae.’’. 

4 (b) TABLE OF CONTENTS AMENDMENT.—The 

5 table of contents in the first section, as 

6 amended by section 402 of this Act, is further 

7 amended by inserting after the item relating 

8 to section 602, as added by such section 402, 

9 the following new item: 

‘‘Sec. 603. Annual report on orders entered.’’. 

10 SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 

11 FISA ORDERS. 

12 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et 

13 seq.), as amended by section 603 of this Act, 

14 is further amended by adding at the end the 

15 following new section: 

16 ‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 

17 ORDERS. 

18 ‘‘(a) REPORTING.—A person may semiannu19 ally publicly report the following information 

20 with respect to the preceding half year using 

21 one of the following structures: 

22 ‘‘(1) A report that aggregates the 

23 number of orders or directives the person 

24 was required to comply with in the fol25 lowing separate categories: 

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1 ‘‘(A) Criminal process, subject to 

2 no restrictions. 

3 ‘‘(B) The number of national secu4 rity letters received, reported in 

5 bands of 1000 starting with 0-999. 

6 ‘‘(C) The number of customer ac7 counts affected by national security 

8 letters, reported in bands of 1000 

9 starting with 0-999. 

10 ‘‘(D) The number of orders under 

11 this Act for content, reported in 

12 bands of 1000 starting with 0-999. 

13 ‘‘(E) With respect to content or14 ders under this Act, in bands of 1000 

15 starting with 0-999— 

16 ‘‘(i) the number of customer 

17 accounts affected under orders 

18 under title I; and 

19 ‘‘(ii) the number of customer 

20 selectors targeted under orders 

21 under title VII. 

22 ‘‘(F) The number of orders under 

23 this Act for non-content, reported in 

24 bands of 1000 starting with 0-999. 

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1 ‘‘(G) With respect to non-content 

2 orders under this Act, in bands of 

3 1000 starting with 0-999— 

4 ‘‘(i) the number of customer 

5 accounts affected under orders 

6 under— 

7 ‘‘(I) title I; 

8 ‘‘(II) title IV; 

9 ‘‘(III) title V with respect 

10 to applications described in 

11 section 501(b)(2)(B); and 

12 ‘‘(IV) title V with respect 

13 to applications described in 

14 section 501(b)(2)(C); and 

15 ‘‘(ii) the number of customer 

16 selectors targeted under orders 

17 under title VII. 

18 ‘‘(2) A report that aggregates the 

19 number of orders or directives the person 

20 was required to comply with in the fol21 lowing separate categories: 

22 ‘‘(A) Criminal process, subject to 

23 no restrictions. 

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1 cluding all national security letters 

2 and orders under this Act, reported 

3 as a single number in a band of 0-249 

4 and thereafter in bands of 250. 

5 ‘‘(C) The total number of customer 

6 selectors targeted under all national 

7 security process received, including 

8 all national security letters and or9 ders under this Act, reported as a sin10 gle number in a band of 0-249 and 

11 thereafter in bands of 250. 

12 ‘‘(3) A report that aggregates the 

13 number of orders or directives the person 

14 was required to comply with in the fol15 lowing separate categories: 

16 ‘‘(A) Criminal process, subject to 

17 no restrictions. 

18 ‘‘(B) The number of national secu19 rity letters received, reported in 

20 bands of 500 starting with 0-499. 

21 ‘‘(C) The number of customer ac22 counts affected by national security 

23 letters, reported in bands of 500 start24 ing with 0-499. 

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1 ‘‘(D) The number of orders under 

2 this Act for content, reported in 

3 bands of 500 starting with 0-499. 

4 ‘‘(E) The number of customer se5 lectors targeted under such orders, in 

6 bands of 500 starting with 0-499. 

7 ‘‘(F) The number of orders under 

8 this Act for non-content, reported in 

9 bands of 500 starting with 0-499. 

10 ‘‘(G) The number of customer se11 lectors targeted under such orders, 

12 reported in bands of 500 starting with 

13 0-499. 

14 ‘‘(b) NATIONAL SECURITY LETTER DEFINED.— 

15 The term ‘national security letter’ means any 

16 of the following provisions: 

17 ‘‘(1) Section 2709 of title 18, United 

18 States Code. 

19 ‘‘(2) Section 1114(a)(5)(A) of the Right 

20 to Financial Privacy Act of 1978 (12 

21 U.S.C. 3414(a)(5)(A)). 

22 ‘‘(3) Subsection (a) or (b) of section 

23 626 of the Fair Credit Reporting Act (15 

24 U.S.C. 1681u(a), 1681u(b)). 

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1 ‘‘(4) Section 627(a) of the Fair Credit 

2 Reporting Act (15 U.S.C. 1681v(a)).’’. 

3 (b) TABLE OF CONTENTS AMENDMENT.—The 

4 table of contents in the first section, as 

5 amended by section 603 of this Act, is further 

6 amended by inserting after the item relating 

7 to section 603, as added by section 603 of this 

8 Act, the following new item: 

‘‘Sec. 604. Public reporting by persons subject to orders.’’. 

9 SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS OF 

10 THE FOREIGN INTELLIGENCE SURVEIL11 LANCE COURT. 

12 Section 601(c)(1) (50 U.S.C. 1871(c)) is 

13 amended to read as follows: 

14 ‘‘(1) not later than 45 days after the 

15 date on which the Foreign Intelligence 

16 Surveillance Court or the Foreign Intel17 ligence Surveillance Court of Review 

18 issues a decision, order, or opinion that 

19 includes a significant construction or in20 terpretation of any provision of this Act 

21 or a denial of a request for an order or a 

22 modification of a request for an order, or 

23 results in a change of application of any 

24 provision of this Act or a new application 

25 of any provision of this Act— 

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1 ‘‘(A) a copy of such decision, 

2 order, or opinion and any pleadings, 

3 applications, or memoranda of law as4 sociated with such decision, order, or 

5 opinion; and 

6 ‘‘(B) with respect to such decision, 

7 order, or opinion, a brief statement of 

8 the relevant background factual in9 formation, questions of law, legal 

10 analysis, and decision rendered; and’’. 

11 SEC. 606. SUBMISSION OF REPORTS UNDER FISA. 

12 (a) ELECTRONIC SURVEILLANCE.—Section 

13 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by 

14 striking ‘‘the House Permanent Select Com15 mittee on Intelligence and the Senate Select 

16 Committee on Intelligence, and the Com17 mittee on the Judiciary of the Senate,’’ and in18 serting ‘‘the Permanent Select Committee on 

19 Intelligence and the Committee on the Judici20 ary of the House of Representatives and the 

21 Select Committee on Intelligence and the 

22 Committee on the Judiciary of the Senate’’. 

23 (b) PHYSICAL SEARCHES.—Section 306 (50 

24 U.S.C. 1826) is amended— 

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1 (1) in the first sentence, by striking 

2 ‘‘Permanent Select Committee on Intel3 ligence of the House of Representatives 

4 and the Select Committee on Intelligence 

5 of the Senate, and the Committee on the 

6 Judiciary of the Senate,’’ and inserting 

7 ‘‘Permanent Select Committee on Intel8 ligence and the Committee on the Judici9 ary of the House of Representatives and 

10 the Select Committee on Intelligence and 

11 the Committee on the Judiciary of the 

12 Senate’’; and 

13 (2) in the second sentence, by striking 

14 ‘‘and the Committee on the Judiciary of 

15 the House of Representatives’’. 

16 (c) PEN REGISTER AND TRAP AND TRACE DE17 VICES.—Section 406(b) (50 U.S.C. 1846(b)) is 

18 amended— 

19 (1) in paragraph (2), by striking ‘‘; 

20 and’’ and inserting a semicolon; 

21 (2) in paragraph (3), by striking the 

22 period and inserting a semicolon; and 

23 (3) by adding at the end the following 

24 new paragraphs: 

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1 ‘‘(4) each department or agency on be2 half of which the Government has made 

3 application for orders approving the use 

4 of pen registers or trap and trace devices 

5 under this title; and 

6 ‘‘(5) for each department or agency 

7 described in paragraph (4), a breakdown 

8 of the numbers required by paragraphs 

9 (1), (2), and (3).’’. 

10 (d) ACCESS TO CERTAIN BUSINESS RECORDS

11 AND OTHER TANGIBLE THINGS.—Section 502(a) 

12 (50 U.S.C. 1862(a)) is amended by striking 

13 ‘‘Permanent Select Committee on Intelligence 

14 of the House of Representatives and the Se15 lect Committee on Intelligence and the Com16 mittee on the Judiciary of the Senate’’ and in17 serting ‘‘Permanent Select Committee on In18 telligence of the House of Representatives, 

19 the Select Committee on Intelligence of the 

20 Senate, and the Committees on the Judiciary 

21 of the House of Representatives and the Sen22 ate’’. 

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1 TITLE VII—SUNSETS 

2 SEC. 701. SUNSETS. 

3 (a) USA PATRIOT IMPROVEMENT AND RE4 AUTHORIZATION ACT OF 2005.—Section 102(b)(1) 

5 of the USA PATRIOT Improvement and Reau6 thorization Act of 2005 (50 U.S.C. 1805 note) is 

7 amended by striking ‘‘June 1, 2015’’ and in8 serting ‘‘December 31, 2017’’. 

9 (b) INTELLIGENCE REFORM AND TERRORISM

10 PREVENTION ACT OF 2004.—Section 6001(b)(1) 

11 of the Intelligence Reform and Terrorism Pre12 vention Act of 2004 (50 U.S.C. 1801 note) is 

13 amended by striking ‘‘June 1, 2015’’ and in14 serting ‘‘December 31, 2017’’. 

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Union Calendar No. 334 

113TH CONGRESS 

2D SESSION H. R. 3361 

[Report No. 113–452, Parts I and II] 

A BILL 

To reform the authorities of the Federal Governposes, and for other purposes. intelligence, counterterrorism, and criminal pur- other forms of information gathering for foreign pen registers and trap and trace devices, and use ness records, conduct electronic surveillance, use ment to require the production of certain busiMAY 15, 2014 

Reported from the Committee on the Judiciary with an 

amendment 

MAY 15, 2014 

Reported from the Select Committee on Intelligence 

(Permanent Select) with an amendment 

MAY 15, 2014 

The Committee on Financial Services discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 

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