II 

114TH CONGRESS 

1ST SESSION S. 1469 

To amend the Foreign Intelligence Surveillance Act of 1978 and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2015 

Mrs. FEINSTEIN (for herself, Mr. KING, and Mr. WHITEHOUSE) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To amend the Foreign Intelligence Surveillance Act of 1978 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘FISA Reform Act of 2015’’. 

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. 


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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. Effective date. 

Sec. 109. Rule of construction. 

TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE 

REFORM 

Sec. 201. Prohibition on bulk collection. 

Sec. 202. Privacy procedures. 

TITLE III—NATIONAL SECURITY LETTER REFORM 

Sec. 301. Prohibition on bulk collection. 

TITLE IV—FISA TRANSPARENCY AND REPORTING 

REQUIREMENTS 

Sec. 401. Additional reporting on orders requiring production of business 

records; business records compliance reports to Congress. 

Sec. 402. Consolidation of congressional oversight provisions. 

Sec. 403. Submission of reports. 

TITLE V—OTHER PROVISIONS 

Sec. 501. Unauthorized Disclosure or Removal of Certain Classified Information. 

Sec. 502. Appointment of amicus curiae. 

Sec. 503. Emergencies involving non-United States persons. 

Sec. 504. Periodic review of intelligence community procedures for the acquisition, retention, and dissemination of intelligence. 

Sec. 505. Preservation of treatment of non-United States persons traveling outside United States as agents of foreign powers. 

Sec. 506. Improvement to investigations of international proliferation of weapons of mass destruction. 

Sec. 507. Sunset of access to business records, authority for roving surveillance, 

and individual terrorists as agents of foreign powers. 

Sec. 508. Restoration of authority for access to business records, roving surveillance, and individual terrorists as agents of foreign powers. 

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 

5 of an amendment to, or a repeal of, a section or other 

6 provision, the reference shall be considered to be made to 


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1 a section or other provision of the Foreign Intelligence 

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

3 TITLE I—FISA BUSINESS 

4 RECORDS REFORMS 

5 SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 

6 RECORDS. 

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

8 1861(b)) is amended— 

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

10 the end; 

11 (2) in paragraph (2)— 

12 (A) in subparagraph (A)— 

13 (i) in the matter preceding clause (i), 

14 by striking ‘‘a statement’’ and inserting 

15 ‘‘in the case of an application other than 

16 an application described in subparagraph 

17 (C) (including an application for the pro18 duction of call detail records other than in 

19 the manner described in subparagraph 

20 (C)), a statement’’; and 

21 (ii) in clause (iii), by striking ‘‘and’’ 

22 at the end; 

23 (B) by redesignating subparagraphs (A) 

24 and (B) as subparagraphs (B) and (D), respec25 tively; and 


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1 (C) by inserting after subparagraph (B) 

2 (as so redesignated) the following new subpara3 graph: 

4 ‘‘(C)(i) in the case of an application for the 

5 production on an ongoing basis of call detail 

6 records created before, on, or after the date of 

7 the application relating to an authorized inves8 tigation (other than a threat assessment) con9 ducted in accordance with subsection (a)(2) to 

10 protect against international terrorism a state11 ment of facts showing that— 

12 ‘‘(I) there are reasonable grounds to 

13 believe that the call detail records sought 

14 to be produced based on the specific selec15 tion term required under subparagraph (A) 

16 are relevant to such investigation; and 

17 ‘‘(II) there is a reasonable, articulable 

18 suspicion that such specific selection term 

19 is associated with a foreign power or an 

20 agent of a foreign power or an individual 

21 engaged in international terrorism or ac22 tivities in preparation therefor;’’ and 

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

24 ‘‘(3) may include a request for an order that re25 quires each recipient of the order under this section 


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1 to retain the call detail records for up to 24 months 

2 from the date the call detail record was initially gen3 erated— 

4 ‘‘(A) if the request includes a certification 

5 made by the Director of the Federal Bureau of 

6 Investigation that the Government has reason 

7 to believe that the recipient of the order being 

8 applied for is not retaining call detail records 

9 for a period of up to 24 months and that the 

10 absence of call detail records for that period of 

11 time is resulting in, or is reasonably likely to 

12 result in, the loss of foreign intelligence infor13 mation relevant to an authorized investigation; 

14 and 

15 ‘‘(B) if the order provides that call detail 

16 records retained solely for purposes of com17 plying with an order under this section may 

18 only be produced pursuant to an order under 

19 this section.’’. 

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

21 1861(c)(2)) is amended— 

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

23 and inserting a semicolon; 

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

25 and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following new sub2 paragraph: 

3 ‘‘(F) in the case of an application de4 scribed in subsection (b)(2)(C), shall— 

5 ‘‘(i) authorize the production on a 

6 daily basis of call detail records for a pe7 riod not to exceed 180 days; 

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

9 production may be extended upon applica10 tion under subsection (b) and the judicial 

11 finding under paragraph (1); 

12 ‘‘(iii) provide that the Government 

13 may require the prompt production of a 

14 first set of call detail records using the 

15 specific selection term that satisfies the 

16 standard required under subsection 

17 (b)(2)(C)(ii); 

18 ‘‘(iv) provide that the Government 

19 may require the prompt production of a 

20 second set of call detail records using ses21 sion-identifying information or a telephone 

22 calling card number identified by the spe23 cific selection term used to produce call de24 tail records under clause (iii); 


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1 ‘‘(v) provide that, when produced, 

2 such records be in a form that will be use3 ful to the Government; 

4 ‘‘(vi) direct each person the Govern5 ment directs to produce call detail records 

6 under the order to furnish the Government 

7 forthwith all information, facilities, or 

8 technical assistance necessary to accom9 plish the production in such a manner as 

10 will protect the secrecy of the production 

11 and produce a minimum of interference 

12 with the services that such person is pro13 viding to each subject of the production; 

14 and 

15 ‘‘(vii) shall direct the Government 

16 to— 

17 ‘‘(I) adopt minimization proce18 dures that require the prompt de19 struction of all call detail records pro20 duced under the order that the Gov21 ernment determines are not foreign 

22 intelligence information; and 

23 ‘‘(II) destroy all call detail 

24 records produced under the order as 

25 prescribed by such procedures.’’. 


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1 SEC. 102. EMERGENCY AUTHORITY. 

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

3 amended by adding at the end the following new sub4 section: 

5 ‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF

6 TANGIBLE THINGS.— 

7 ‘‘(1) Notwithstanding any other provision of 

8 this section, the Attorney General may require the 

9 emergency production of tangible things if the Attor10 ney General— 

11 ‘‘(A) reasonably determines that an emer12 gency situation requires the production of tan13 gible things before an order authorizing such 

14 production can with due diligence be obtained; 

15 ‘‘(B) reasonably determines that the fac16 tual basis for the issuance of an order under 

17 this section to approve such production of tan18 gible things exists; 

19 ‘‘(C) informs, either personally or through 

20 a designee, a judge having jurisdiction under 

21 this section at the time the Attorney General 

22 requires the emergency production of tangible 

23 things that the decision has been made to em24 ploy the authority under this subsection; and 

25 ‘‘(D) makes an application in accordance 

26 with this section to a judge having jurisdiction 


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1 under this section as soon as practicable, but 

2 not later than 7 days after the Attorney Gen3 eral requires the emergency production of tan4 gible things under this subsection. 

5 ‘‘(2) If the Attorney General authorizes the 

6 emergency production of tangible things under para7 graph (1), the Attorney General shall require that 

8 the minimization procedures required by this section 

9 for the issuance of a judicial order be followed. 

10 ‘‘(3) In the absence of a judicial order approv11 ing the production of tangible things under this sub12 section, the production shall terminate when the in13 formation sought is obtained, when the application 

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

15 days from the time the Attorney General begins re16 quiring the emergency production of such tangible 

17 things, whichever is earliest. 

18 ‘‘(4) A denial of the application made under 

19 this subsection may be reviewed as provided in sec20 tion 103. 

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

22 or in any other case where the production of tangible 

23 things is terminated and no order is issued approv24 ing the production, no information obtained or evi25 dence derived from such production shall be received 


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1 in evidence or otherwise disclosed in any trial, hear2 ing, or other proceeding in or before any court, 

3 grand jury, department, office, agency, regulatory 

4 body, legislative committee, or other authority of the 

5 United States, a State, or political subdivision there6 of, and no information concerning any United States 

7 person acquired from such production shall subse8 quently be used or disclosed in any other manner by 

9 Federal officers or employees without the consent of 

10 such person, except with the approval of the Attor11 ney General if the information indicates a threat of 

12 death or serious bodily harm to any person. 

13 ‘‘(6) The Attorney General shall assess compli14 ance with the requirements of paragraph (5).’’. 

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

16 U.S.C. 1861(d)) is amended— 

17 (1) in paragraph (1)— 

18 (A) in the matter preceding subparagraph 

19 (A), by striking ‘‘pursuant to an order’’ and in20 serting ‘‘pursuant to an order issued or an 

21 emergency production required’’; 

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

23 order;’’ and inserting ‘‘such order or such emer24 gency production;’’; and 


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

2 order;’’ and inserting ‘‘the order or the emer3 gency production;’’; and 

4 (2) in paragraph (2)— 

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

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

7 production’’; and 

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

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

10 production’’. 

11 SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN12 GIBLE THINGS. 

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

14 1861(b)(2)), as amended by section 101(a) of this Act, 

15 is further amended by inserting before subparagraph (B), 

16 as redesignated by such section 101(a) of this Act, the 

17 following new subparagraph: 

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

19 the basis for the production of the tangible 

20 things sought;’’. 

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

22 amended— 

23 (1) in paragraph (2)(A), by striking the semi24 colon and inserting ‘‘, including each specific selecVerDate Sep 11 2014 04:54 May 30, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

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1 tion term to be used as the basis for the produc2 tion;’’; and 

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

4 paragraph: 

5 ‘‘(3) No order issued under this subsection may au6 thorize the collection of tangible things without the use 

7 of a specific selection term that meets the requirements 

8 of subsection (b)(2).’’. 

9 SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCE10 DURES FOR THE PRODUCTION OF TANGIBLE 

11 THINGS. 

12 (a) MINIMIZATION PROCEDURES.— 

13 (1) JUDICIAL REVIEW.—Section 501(c)(1) (50 

14 U.S.C. 1861(c)(1)) is amended by inserting after 

15 ‘‘subsections (a) and (b)’’ the following: ‘‘and that 

16 the minimization procedures submitted in accord17 ance with subsection (b)(2)(D) meet the definition of 

18 minimization procedures under subsection (g)’’. 

19 (2) RULE OF CONSTRUCTION.—Section 501(g) 

20 (50 U.S.C. 1861(g)) is amended by adding at the 

21 end the following new paragraph: 

22 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

23 this subsection shall limit the authority of the court 

24 established under section 103(a) to impose addi25 tional, particularized minimization procedures with 


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1 regard to the production, retention, or dissemination 

2 of nonpublicly available information concerning 

3 unconsenting United States persons, including addi4 tional, particularized procedures related to the de5 struction of information within a reasonable time pe6 riod.’’. 

7 (3) TECHNICAL AND CONFORMING AMEND8 MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) is 

9 amended— 

10 (A) by striking ‘‘Not later than 180 days 

11 after the date of the enactment of the USA PA12 TRIOT Improvement and Reauthorization Act 

13 of 2005, the’’ and inserting ‘‘The’’; and 

14 (B) by inserting ‘‘, and update as appro15 priate,’’ after ‘‘adopt’’. 

16 (b) ORDERS.—Section 501(f)(2) (50 U.S.C. 

17 1861(f)(2)) is amended— 

18 (1) in subparagraph (A)(i)— 

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

20 ‘‘the production order or any nondisclosure 

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

23 (B) by striking the second sentence; and 

24 (2) in subparagraph (C)— 

25 (A) by striking clause (ii); and 


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1 (B) by redesignating clause (iii) as clause 

2 (ii). 

3 SEC. 105. LIABILITY PROTECTION. 

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

5 read as follows: 

6 ‘‘(e)(1) No cause of action shall lie in any court 

7 against a person who— 

8 ‘‘(A) produces tangible things or provides infor9 mation, facilities, or technical assistance pursuant to 

10 an order issued or an emergency production required 

11 under this section; 

12 ‘‘(B) in good faith, retains call detail records 

13 under an order pursuant to this section; or 

14 ‘‘(C) otherwise provides technical assistance to 

15 the Government under this section or to implement 

16 this section. 

17 ‘‘(2) A production or provision of information, facili18 ties, or technical assistance or the retention of call detail 

19 records described in paragraph (1) shall not be deemed 

20 to constitute a waiver of any privilege in any other pro21 ceeding or context.’’. 

22 SEC. 106. COMPENSATION FOR ASSISTANCE. 

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

24 102 of this Act, is further amended by adding at the end 

25 the following new subsection: 


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1 ‘‘(j) COMPENSATION.—The Government shall com2 pensate a person for reasonable expenses incurred for— 

3 ‘‘(1) producing tangible things or providing in4 formation, facilities, or assistance in accordance with 

5 an order issued with respect to an application de6 scribed in subsection (b)(2)(C) or an emergency pro7 duction under subsection (i) that, to comply with 

8 subsection (i)(1)(D), requires an application de9 scribed in subsection (b)(2)(C); or 

10 ‘‘(2) otherwise providing technical assistance to 

11 the Government under this section or to implement 

12 this section.’’. 

13 SEC. 107. DEFINITIONS. 

14 (a) IN GENERAL.—Title V (50 U.S.C. 1861 et seq.), 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 503. DEFINITIONS. 

17 ‘‘In this title: 

18 ‘‘(1) CALL DETAIL RECORD.—The term ‘call de19 tail record’— 

20 ‘‘(A) means session identifying information 

21 (including originating or terminating telephone 

22 number, International Mobile Subscriber Iden23 tity number, or International Mobile Station 

24 Equipment Identity number), a telephone callVerDate Sep 11 2014 04:54 May 30, 2015 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

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1 ing card number, or the time or duration of a 

2 call; and 

3 ‘‘(B) does not include— 

4 ‘‘(i) the contents of any communica5 tion (as defined in section 2510(8) of title 

6 18, United States Code); 

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

8 information of a subscriber or customer; or 

9 ‘‘(iii) cell site or global position sys10 tem location information. 

11 ‘‘(2) ELECTRONIC COMMUNICATION SERVICE.— 

12 The term ‘electronic communication service’ has the 

13 meaning given that term in section 2510 of title 18, 

14 United States Code. 

15 ‘‘(3) FOREIGN INTELLIGENCE INFORMATION.— 

16 The term ‘foreign intelligence information’ has the 

17 meaning given that term in section 101. 

18 ‘‘(4) SPECIFIC SELECTION TERM.— 

19 ‘‘(A) TANGIBLE THINGS.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in subparagraph (B), a ‘specific se22 lection term’ is a term that specifically 

23 identifies a person, account, address, or 

24 personal device, or any other specific iden25 tifier that limits, to the greatest extent 


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1 reasonably practicable, the scope of tan2 gible things sought by the government con3 sistent with the purpose and need to obtain 

4 foreign intelligence information. 

5 ‘‘(ii) LIMITATION.—A ‘specific selec6 tion term’ shall not permit the bulk or in7 discriminate collection of tangible things, 

8 such as by solely identifying an electronic 

9 communication service provider or a pro10 vider of remote computing service, unless 

11 the provider is itself a subject of an au12 thorized investigation, or by solely identi13 fying a broad domestic geographic region, 

14 including the United States, a State, city, 

15 county, zip code, or area code when not 

16 used as part of a specific identifier as de17 scribed in clause (i). 

18 ‘‘(iii) RULE OF CONSTRUCTION.— 

19 Nothing in this paragraph shall be con20 strued to preclude the use of multiple 

21 terms or identifiers to meet the require22 ments of clause (i). 

23 ‘‘(B) CALL DETAIL RECORD APPLICA24 TIONS.—For purposes of an application sub25 mitted under subsection (b)(2)(C), the term 


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1 ‘specific selection term’ means a term that spe2 cifically identifies an individual, account, or per3 sonal device.’’. 

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

5 of contents in the first section is amended by adding after 

6 the item relating to section 503, as added by section 

7 107(b), the following: 

‘‘Sec. 503. Definitions.’’. 

8 SEC. 108. EFFECTIVE DATE. 

9 (a) EFFECTIVE DATE.—The amendments made by 

10 sections 101 through 107 shall take effect no later than 

11 the date that is 1 year after the date of the enactment 

12 of this Act as follows: 

13 (1) IN GENERAL.—The amendments made by 

14 sections 101 through 107 shall take effect on the 

15 date that is 180 days after the date of the enact16 ment of this Act unless the President certifies to the 

17 appropriate committees of Congress that the transi18 tion from the existing procedures for the production 

19 of business records under title V of the Foreign In20 telligence Surveillance Act of 1978 (50 U.S.C. 1861 

21 et seq.), as in effect prior to the effective date for 

22 the amendments made by section 101 through 107, 

23 to the new procedures, as amended by sections 101 

24 through 107, is not sufficiently operational to allow 

25 the timely retrieval of foreign intelligence informaVerDate Sep 11 2014 04:54 May 30, 2015 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

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1 tion from recipients of an order under section 501 

2 of such Act. 

3 (2) EXTENSION FOR CERTIFICATION.—If the 

4 President makes a certification described in para5 graph (1), the amendment made by sections 101 

6 through 107 shall take effect on the date, that may 

7 be up to 1 year after the date of the enactment of 

8 this Act, that the President determines that the 

9 transition referred to in such paragraph is suffi10 ciently operational to allow the timely retrieval of 

11 foreign intelligence information from recipients of an 

12 order under section 501 of such Act. 

13 (3) LIMITATION ON TRANSITION PERIOD.—If 

14 the President makes a certification under paragraph 

15 (1) and does not determine an effective date under 

16 paragraph (2), the amendments made by sections 

17 101 through 107 shall take effect on the date that 

18 is 1 year after the date of the enactment of this Act. 

19 (b) NO EFFECT ON PRIOR AUTHORITY.—Nothing in 

20 this Act, or any amendment made by this Act, shall be 

21 construed to alter or eliminate the authority of the Gov22 ernment to obtain an order under title V of the Foreign 

23 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et 

24 seq.) as in effect on May 31, 2015, during the period end25 ing on such effective date. 


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1 (c) TRANSITION.— 

2 (1) ORDERS IN EFFECT ON MAY 31, 2015.—Not3 withstanding any other provision of the Foreign In4 telligence Surveillance Act of 1978 (50 U.S.C. 1801 

5 et seq.) or this Act or any amendment made by this 

6 Act, any order issued or made under title V of the 

7 Foreign Intelligence Surveillance Act of 1978 and in 

8 effect on May 31, 2015, shall continue in effect until 

9 the date of the expiration of such order. 

10 (2) CONTINUED APPLICABILITY.—Notwith11 standing any other provision of the Foreign Intel12 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

13 seq.) or this Act or any amendment made by this 

14 Act, the order entered by the court established under 

15 section 103(a) of the Foreign Intelligence Surveil16 lance Act of 1978 (50 U.S.C. 1803(a)) on February 

17 26, 2015, in Docket No. BR 15–24, may be ex18 tended by order of that court until the effective date 

19 established in subsection (a). 

20 (3) USE OF INFORMATION.— 

21 (A) IN GENERAL.—Information acquired 

22 from the call detail records pursuant to an 

23 order issued under section 501 of the Foreign 

24 Intelligence Surveillance Act of 1978 (50 

25 U.S.C. 1861) prior to the effective date in subVerDate Sep 11 2014 04:54 May 30, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

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1 section (a) may continue to be used after the 

2 effective date of this Act, subject to the limita3 tion in subparagraph (B). 

4 (B) DESTRUCTION OF INFORMATION.— 

5 Any record produced under any order entered 

6 by the court established under section 103(a) of 

7 the Foreign Intelligence Surveillance Act of 

8 1978 (50 U.S.C. 1803(a)) on February 26 

9 2015, in Docket No. BR 15–24, or any prede10 cessor order for such an order shall be de11 stroyed no later than 5 years after the date 

12 such record was initially collected. Until that 

13 time, such a record may be used in accordance 

14 with the purpose prescribed and the procedures 

15 established in such order. 

16 (d) APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED.—In this section, the term ‘‘appropriate commit18 tees of Congress’’ means— 

19 (1) the Committee on the Judiciary and the Se20 lect Committee on Intelligence of the Senate; and 

21 (2) the Committee on the Judiciary and the 

22 Permanent Select Committee on Intelligence of the 

23 House of Representatives 


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1 SEC. 109. RULE OF CONSTRUCTION. 

2 Nothing in this Act, or any amendment made by this 

3 Act, shall be construed to authorize the production of the 

4 contents (as such term is defined in section 2510(8) of 

5 title 18, United States Code) of any electronic communica6 tion from an electronic communication service provider (as 

7 such term is defined in section 701(b)(4) of the Foreign 

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

9 1881(b)(4)) under title V of the Foreign Intelligence Sur10 veillance Act of 1978 (50 U.S.C. 1861 et seq.). 

11 TITLE II—FISA PEN REGISTER 

12 AND TRAP AND TRACE DE13 VICE REFORM 

14 SEC. 201. PROHIBITION ON BULK COLLECTION. 

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

16 1842(c)) is amended— 

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

18 inserting a semicolon; 

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

20 inserting a semicolon; and 

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

22 paragraph: 

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

24 basis for the use of the pen register or trap and 

25 trace device is to be attached or applied; and’’. 


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

2 amended by adding at the end the following new para3 graph: 

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

5 meaning given the term in section 504.’’. 

6 SEC. 202. PRIVACY PROCEDURES. 

7 (a) IN GENERAL.—Section 402 (50 U.S.C. 1842) is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(h) PRIVACY PROCEDURES.— 

11 ‘‘(1) IN GENERAL.—The Attorney General shall 

12 ensure that appropriate policies and procedures are 

13 in place to safeguard nonpublicly available informa14 tion concerning United States persons that is col15 lected through the use of a pen register or trap and 

16 trace device installed under this section. Such poli17 cies and procedures shall, to the maximum extent 

18 practicable and consistent with the need to protect 

19 national security, include protections for the collec20 tion, retention, and use of information concerning 

21 United States persons. 

22 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

23 this subsection shall be construed to limit the au24 thority of the court established under section 103(a) 

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1 vacy or minimization procedures with regard to the 

2 installation or use of a pen register or trap and 

3 trace device.’’. 

4 (b) EMERGENCY AUTHORITY.—Section 403 (50 

5 U.S.C. 1843) is amended by adding at the end the fol6 lowing new subsection: 

7 ‘‘(d) PRIVACY PROCEDURES.—Information collected 

8 through the use of a pen register or trap and device in9 stalled under this section shall be subject to the policies 

10 and procedures required under section 402(h).’’. 

11 TITLE III—NATIONAL SECURITY 

12 LETTER REFORM 

13 SEC. 301. PROHIBITION ON BULK COLLECTION. 

14 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

15 TOLL AND TRANSACTIONAL RECORDS.—Section 2709(b) 

16 of title 18, United States Code, is amended in the matter 

17 preceding paragraph (1) by striking ‘‘may—’’ and insert18 ing ‘‘may, using a term that specifically identifies a per19 son, entity, telephone number, or account as the basis for 

20 a request—’’. 

21 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

22 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

23 1114(a)(2) of the Right to Financial Privacy Act of 1978 

24 (12 U.S.C. 3414(a)(2)) is amended by striking the period 

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1 tomer, entity, or account to be used as the basis for the 

2 production and disclosure of financial records.’’. 

3 (c) DISCLOSURES TO FBI OF CERTAIN CONSUMER

4 RECORDS FOR COUNTERINTELLIGENCE PURPOSES.—Sec5 tion 626 of the Fair Credit Reporting Act (15 U.S.C. 

6 1681u) is amended— 

7 (1) in subsection (a), by striking ‘‘that informa8 tion,’’ and inserting ‘‘extent that information that 

9 includes a term that specifically identifies a con10 sumer or account to be used as the basis for the pro11 duction of that information,’’; 

12 (2) in subsection (b), by striking ‘‘written re13 quest,’’ and inserting ‘‘written request that includes 

14 a term that specifically identifies a consumer or ac15 count to be used as the basis for the production of 

16 that information,’’; and 

17 (3) in subsection (c), by inserting ‘‘, which shall 

18 include a term that specifically identifies a consumer 

19 or account to be used as the basis for the production 

20 of the information,’’ after ‘‘issue an order ex parte’’. 

21 (d) DISCLOSURES TO GOVERNMENTAL AGENCIES

22 FOR COUNTERTERRORISM PURPOSES OF CONSUMER RE23 PORTS.—Section 627(a) of the Fair Credit Reporting Act 

24 (15 U.S.C. 1681v(a)) is amended by striking ‘‘analysis.’’ 

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1 cifically identifies a consumer or account to be used as 

2 the basis for the production of such information.’’. 

3 TITLE IV—FISA TRANSPARENCY 

4 AND REPORTING REQUIRE5 MENTS 

6 SEC. 401. ADDITIONAL REPORTING ON ORDERS REQUIRING 

7 PRODUCTION OF BUSINESS RECORDS; BUSI8 NESS RECORDS COMPLIANCE REPORTS TO 

9 CONGRESS. 

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

11 (1) by redesignating paragraphs (1), (2), and 

12 (3) as paragraphs (6), (7), and (8), respectively; and 

13 (2) by inserting before paragraph (6) (as so re14 designated) the following new paragraphs: 

15 ‘‘(1) a summary of all compliance reviews con16 ducted by the Government for the production of tan17 gible things under section 501; 

18 ‘‘(2) the total number of applications described 

19 in section 501(b)(2)(B) made for orders approving 

20 requests for the production of tangible things; 

21 ‘‘(3) the total number of such orders either 

22 granted, modified, or denied; 

23 ‘‘(4) the total number of applications described 

24 in section 501(b)(2)(C) made for orders approving 

25 requests for the production of call detail records; 


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1 ‘‘(5) the total number of such orders either 

2 granted, modified, or denied;’’. 

3 SEC. 402. CONSOLIDATION OF CONGRESSIONAL OVER4 SIGHT PROVISIONS. 

5 (a) REPEAL OF CONGRESSIONAL OVERSIGHT PROVI6 SIONS.— 

7 (1) REPEAL.—The Foreign Intelligence Surveil8 lance Act of 1978 is amended by striking sections 

9 107, 108, 306, and 406 (50 U.S.C. 1807, 1808, 

10 1826, and 1846). 

11 (2) TABLE OF CONTENTS AMENDMENT.—The 

12 table of contents in the first section is amended by 

13 striking the items relating to sections 107, 108, 306, 

14 and 406. 

15 (b) REPORTING REQUIREMENTS AND CONGRES16 SIONAL OVERSIGHT.— 

17 (1) IN GENERAL.—Title VI (50 U.S.C. 1871) is 

18 amended by striking section 601 and inserting the 

19 following: 

20 ‘‘SEC. 601. DEFINITIONS. 

21 ‘‘In this title: 

22 ‘‘(1) APPROPRIATE COMMITTEES OF CON23 GRESS.—The term ‘appropriate committees of Con24 gress’ means— 


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1 ‘‘(A) the Select Committee on Intelligence 

2 and the Committee on the Judiciary of the Sen3 ate; and 

4 ‘‘(B) the Permanent Select Committee on 

5 Intelligence and the Committee on the Judici6 ary of the House of Representatives. 

7 ‘‘(2) ELECTRONIC SURVEILLANCE.—The term 

8 ‘electronic surveillance’ has the meaning given that 

9 term in section 101 of this Act. 

10 ‘‘(3) FOREIGN INTELLIGENCE SURVEILLANCE

11 COURT.—The term ‘Foreign Intelligence Surveillance 

12 Court’ means the court established under section 

13 103(a) of this Act. 

14 ‘‘(4) FOREIGN INTELLIGENCE SURVEILLANCE

15 COURT OF REVIEW.—The term ‘Foreign Intelligence 

16 Surveillance Court of Review’ means the court estab17 lished under section 103(b) of this Act. 

18 ‘‘(5) PEN REGISTER.—The term ‘pen register’ 

19 has the meaning given that term in section 401 of 

20 this Act. 

21 ‘‘(6) PHYSICAL SEARCH.—The term ‘physical 

22 search’ has the meaning given that term in section 

23 301 of this Act. 


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1 ‘‘(7) TRAP AND TRACE DEVICE.—The term 

2 ‘trap and trace device’ has the meaning given that 

3 term in section 401 of this Act. 

4 ‘‘(8) UNITED STATES PERSON.—The term 

5 ‘United States person’ has the meaning given that 

6 term in section 101 of this Act. 

7 ‘‘SEC. 602. SEMIANNUAL REPORT OF THE ATTORNEY GEN8 ERAL. 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) INFORMATION.—On a semiannual basis, 

11 the Attorney General shall submit to the appropriate 

12 committees of Congress a report pursuant to para13 graph (2) concerning all electronic surveillance, 

14 physical searches, and uses of pen registers and trap 

15 and trace devices conducted under this Act. 

16 ‘‘(2) REPORT.—The report required by para17 graph (1) shall include the following: 

18 ‘‘(A) ELECTRONIC SURVEILLANCE.—The 

19 total number of— 

20 ‘‘(i) applications made for orders ap21 proving electronic surveillance under this 

22 Act; 

23 ‘‘(ii) such orders either granted, modi24 fied, or denied; 


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1 ‘‘(iii) proposed applications for orders 

2 for electronic surveillance submitted pursu3 ant to Rule 9(a) of the Rules of Procedure 

4 for the Foreign Intelligence Surveillance 

5 Court, or any successor rule, that are not 

6 formally presented in the form of a final 

7 application under Rule 9(b) of the Rules of 

8 Procedure for the Foreign Intelligence Sur9 veillance Court, or any successor rule; 

10 ‘‘(iv) named United States person tar11 gets of electronic surveillance; 

12 ‘‘(v) emergency authorizations of elec13 tronic surveillance granted under this Act 

14 and the total number of subsequent orders 

15 approving or denying such electronic sur16 veillance; and 

17 ‘‘(vi) new compliance incidents arising 

18 from electronic surveillance under this Act. 

19 ‘‘(B) PHYSICAL SEARCHES.—The total 

20 number of— 

21 ‘‘(i) applications made for orders ap22 proving physical search under this Act; 

23 ‘‘(ii) such orders either granted, modi24 fied, or denied; 


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1 ‘‘(iii) proposed applications for orders 

2 for physical searches submitted pursuant 

3 to Rule 9(a) of the Rules of Procedure for 

4 the Foreign Intelligence Surveillance 

5 Court, or any successor rule, that are not 

6 formally presented in the form of a final 

7 application under Rule 9(b) of the Rules of 

8 Procedure for the Foreign Intelligence Sur9 veillance Court, or any successor rule; 

10 ‘‘(iv) named United States person tar11 gets of physical searches; 

12 ‘‘(v) emergency authorizations of 

13 physical searches granted under this Act 

14 and the total number of subsequent orders 

15 approving or denying such physical 

16 searches; and 

17 ‘‘(vi) new compliance incidents arising 

18 from physical searches under this Act. 

19 ‘‘(C) PEN REGISTER AND TRAP AND TRACE

20 DEVICES.—The total number of— 

21 ‘‘(i) applications made for orders ap22 proving the use of pen registers or trap 

23 and trace devices under this Act; 

24 ‘‘(ii) such orders either granted, modi25 fied, or denied; 


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1 ‘‘(iii) proposed applications for orders 

2 for pen registers or trap and trace devices 

3 submitted pursuant to Rule 9(a) of the 

4 Rules of Procedure for the Foreign Intel5 ligence Surveillance Court, or any suc6 cessor rule, that are not formally presented 

7 in the form of a final application under 

8 Rule 9(b) of the Rules of Procedure for the 

9 Foreign Intelligence Surveillance Court, or 

10 any successor rule; 

11 ‘‘(iv) named United States person tar12 gets of pen registers or trap and trace de13 vices; 

14 ‘‘(v) emergency authorizations of the 

15 use of pen registers or trap and trace de16 vices granted under this Act and the total 

17 number of subsequent orders approving or 

18 denying such use of pen registers or trap 

19 and trace devices; and 

20 ‘‘(vi) new compliance incidents arising 

21 from the use of pen registers or trap and 

22 trace devices under this Act. 

23 ‘‘(D) COMPLIANCE INCIDENTS.—A sum24 mary of each compliance incident reported 


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1 under subparagraphs (A)(vi), (B)(vi), and 

2 (C)(vi). 

3 ‘‘(E) SIGNIFICANT LEGAL INTERPRETA4 TIONS.—A summary of significant legal inter5 pretations of this Act involving matters before 

6 the Foreign Intelligence Surveillance Court or 

7 the Foreign Intelligence Surveillance Court of 

8 Review, including interpretations presented in 

9 applications or pleadings filed with the Foreign 

10 Intelligence Surveillance Court or the Foreign 

11 Intelligence Surveillance Court of Review. 

12 ‘‘(b) AVAILABILITY TO MEMBERS OF CONGRESS.— 

13 Consistent with the rules and practices of the Senate and 

14 the House of Representatives, each report submitted pur15 suant to subsection (a)(2) shall be made available to every 

16 member of Congress, subject to appropriate procedures for 

17 the storage and handling of classified information. 

18 ‘‘(c) PUBLIC REPORT.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

20 the Attorney General, in consultation with the Direc21 tor of National Intelligence, shall make available to 

22 the public an unclassified annual summary of the re23 ports submitted under subsection (a) that, to the 

24 maximum extent practicable consistent with the pro25 tection of classified information, includes the inforVerDate Sep 11 2014 04:54 May 30, 2015 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

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1 mation contained in the report submitted pursuant 

2 to subsection (a)(2). 

3 ‘‘(2) MINIMUM REQUIREMENTS.—In each re4 port made available to the public under paragraph 

5 (1), the Attorney General shall include, at a min6 imum, the information required under subpara7 graphs (A), (B), and (C) of subsection (a)(2), which 

8 may be presented as annual totals. 

9 ‘‘(d) CONSTRUCTION.—Nothing in this title may be 

10 construed to limit the authority and responsibility of an 

11 appropriate committee of Congress to obtain any informa12 tion required by such committee to carry out its functions 

13 and duties. 

14 ‘‘SEC. 603. AVAILABILITY OF REPORTS AND SUBMISSIONS. 

15 ‘‘(a) AVAILABILITY TO MEMBERS OF CONGRESS.— 

16 Consistent with the rules and practices of the Senate and 

17 the House of Representatives, each submission to Con18 gress made pursuant to section 502(b), 702(l)(1), or 707 

19 shall be made available, to every member of Congress, sub20 ject to appropriate procedures for the storage and han21 dling of classified information. 

22 ‘‘(b) PUBLIC REPORT.—The Attorney General or the 

23 Director of National Intelligence, as appropriate, shall 

24 make available to the public unclassified reports that, to 

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1 tection of classified information, include the information 

2 contained in each submission to Congress made pursuant 

3 to section 502(b), 702(l)(1), or 707.’’. 

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

5 ORDERS. 

6 ‘‘(a) REPORTING.—A person subject to a nondisclo7 sure requirement accompanying an order or directive 

8 under this Act or a national security letter may, with re9 spect to such order, directive, or national security letter, 

10 publicly report the following information using one of the 

11 following structures: 

12 ‘‘(1) A semiannual report that aggregates the 

13 number of orders, directives, or national security let14 ters with which the person was required to comply 

15 into separate categories of— 

16 ‘‘(A) the number of national security let17 ters received, reported in bands of 1000 start18 ing with 0–999; 

19 ‘‘(B) the number of customer selectors tar20 geted by national security letters, reported in 

21 bands of 1000 starting with 0–999; 

22 ‘‘(C) the number of orders or directives re23 ceived, combined, under this Act for contents, 

24 reported in bands of 1000 starting with 0–999; 


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1 ‘‘(D) the number of customer selectors tar2 geted under orders or directives received, com3 bined, under this Act for contents reported in 

4 bands of 1000 starting with 0–999; 

5 ‘‘(E) the number of orders received under 

6 this Act for noncontents, reported in bands of 

7 1000 starting with 0–999; and 

8 ‘‘(F) the number of customer selectors tar9 geted under orders under this Act for noncon10 tents, reported in bands of 1000 starting with 

11 0–999, pursuant to— 

12 ‘‘(i) title IV; 

13 ‘‘(ii) title V with respect to applica14 tions described in section 501(b)(2)(B); 

15 and 

16 ‘‘(iii) title V with respect to applica17 tions described in section 501(b)(2)(C). 

18 ‘‘(2) A semiannual report that aggregates the 

19 number of orders, directives, or national security let20 ters with which the person was required to comply 

21 into separate categories of— 

22 ‘‘(A) the number of national security let23 ters received, reported in bands of 500 starting 

24 with 0–499; 


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1 ‘‘(B) the number of customer selectors tar2 geted by national security letters, reported in 

3 bands of 500 starting with 0–499; 

4 ‘‘(C) the number of orders or directives re5 ceived, combined, under this Act for contents, 

6 reported in bands of 500 starting with 0–499; 

7 ‘‘(D) the number of customer selectors tar8 geted under orders or directives received, com9 bined, under this Act for contents, reported in 

10 bands of 500 starting with 0–499; 

11 ‘‘(E) the number of orders received under 

12 this Act for noncontents, reported in bands of 

13 500 starting with 0–499; and 

14 ‘‘(F) the number of customer selectors tar15 geted under orders received under this Act for 

16 noncontents, reported in bands of 500 starting 

17 with 0–499. 

18 ‘‘(3) A semiannual report that aggregates the 

19 number of orders, directives, or national security let20 ters with which the person was required to comply 

21 in the into separate categories of— 

22 ‘‘(A) the total number of all national secu23 rity process received, including all national se24 curity letters, and orders or directives under 


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1 this Act, combined, reported in bands of 250 

2 starting with 0–249; and 

3 ‘‘(B) the total number of customer selec4 tors targeted under all national security process 

5 received, including all national security letters, 

6 and orders or directives under this Act, com7 bined, reported in bands of 250 starting with 

8 0–249. 

9 ‘‘(4) An annual report that aggregates the 

10 number of orders, directives, and national security 

11 letters the person was required to comply with into 

12 separate categories of— 

13 ‘‘(A) the total number of all national secu14 rity process received, including all national se15 curity letters, and orders or directives under 

16 this Act, combined, reported in bands of 100 

17 starting with 0–99; and 

18 ‘‘(B) the total number of customer selec19 tors targeted under all national security process 

20 received, including all national security letters, 

21 and orders or directives under this Act, com22 bined, reported in bands of 100 starting with 

23 0–99. 

24 ‘‘(b) PERIOD OF TIME COVERED BY REPORTS.— 


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1 ‘‘(1) REPORTS UNDER SUBSECTION (a)(1) OR

2 (a)(2).—A report described in paragraph (1) or (2) 

3 of subsection (a) shall include only information— 

4 ‘‘(A) relating to national security letters 

5 for the previous 180 days; and 

6 ‘‘(B) relating to authorities under this Act 

7 for the 180-day period of time ending on the 

8 date that is not less than 180 days prior to the 

9 date of the publication of such report, except 

10 that with respect to a platform, product, or 

11 service for which a person did not previously re12 ceive an order or directive (not including an en13 hancement to or iteration of an existing publicly 

14 available platform, product, or service) such re15 port shall not include any information relating 

16 to such new order or directive until 540 days 

17 after the date on which such new order or di18 rective is received. 

19 ‘‘(2) REPORTS UNDER SUBSECTION (a)(3).—A 

20 report described in paragraph (3) of subsection (a) 

21 shall include only information relating to the pre22 vious 180 days. 

23 ‘‘(3) REPORTS UNDER SUBSECTION (a)(4).—A 

24 report described in paragraph (4) of subsection (a) 

25 shall include only information for the 1-year period 


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1 of time ending on the date that is not less than 1 

2 year prior to the date of the publication of such re3 port. 

4 ‘‘(c) OTHER FORMS OF AGREED TO PUBLICATION.— 

5 Nothing in this section prohibits the Government and any 

6 person from jointly agreeing to the publication of informa7 tion referred to in this subsection in a time, form, or man8 ner other than as described in this section. 

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

10 ‘‘(1) CONTENTS.—The term ‘contents’ has the 

11 meaning given that term under section 2510 of title 

12 18, United States Code. 

13 ‘‘(2) NATIONAL SECURITY LETTER.—The term 

14 ‘national security letter’ has the meaning given that 

15 term under section 603. 

16 ‘‘SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS, 

17 ORDERS, AND OPINIONS OF THE FOREIGN IN18 TELLIGENCE SURVEILLANCE COURT AND 

19 THE FOREIGN INTELLIGENCE SURVEIL20 LANCE COURT OF REVIEW. 

21 ‘‘Not later than 45 days after the date on which the 

22 Foreign Intelligence Surveillance Court or the Foreign In23 telligence Surveillance Court of Review issues a decision, 

24 order, or opinion, including any denial or modification of 

25 an application under this Act, that includes significant 


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1 construction or interpretation of any provision of law or 

2 results in a change of application of any provision of this 

3 Act or a novel application of any provision of this Act, 

4 the Attorney General shall submit to the appropriate com5 mittees of Congress a copy of such decision, order, or opin6 ion and any pleadings, applications, or memoranda of law 

7 associated with such decision, order, or opinion.’’. 

8 (2) CONFORMING AMENDMENTS.— 

9 (A) REPORTING REQUIREMENTS.—Section 

10 403(b)(2)(B) of the FISA Amendments Act of 

11 2008 (50 U.S.C. 1871 note) is amended to read 

12 as follows: 

13 ‘‘(B) subject to section 404, section 

14 603(a)(1) of such Act is amended— 

15 ‘‘(i) in subsection (a), by striking ‘sec16 tion 502(b), 702(l)(1), or 707’ and insert17 ing ‘section 502(b)’; and 

18 ‘‘(ii) in subsection (b), by striking 

19 ‘section 502(b), 702(l)(1), or 707.’ and in20 serting ‘section 502(b).’; and’’. 

21 (B) TRANSITION PROCEDURES.—Section 

22 404(b)(4) of the FISA Amendments Act of 

23 2008 (50 U.S.C. 1801 note) is amended— 

24 (i) by amending subparagraph (A) to 

25 read as follows: 


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1 ‘‘(A) CONTINUED APPLICABILITY.—Not2 withstanding any other provision of this Act or 

3 of the Foreign Intelligence Surveillance Act of 

4 1978 (50 U.S.C. 1801 et seq.), the reporting 

5 requirements of title VI of such Act related to 

6 sections 702(l)(1) and 707, and sections 702(l) 

7 and 707 of such Act, as added by section 

8 101(a), shall continue to apply until the date 

9 that the certification described in subparagraph 

10 (B) is submitted.’’; and 

11 (ii) by amending subparagraph (B)(iv) 

12 to read as follows: 

13 ‘‘(iv) that states that the information 

14 required to be included in a review, assess15 ment, or report under title VI of such Act, 

16 or section 702(l) or 707 of such Act, as 

17 added by section 101(a), relating to any 

18 acquisition conducted under title VII of 

19 such Act, as amended by section 101(a), 

20 has been included in a review, assessment, 

21 or report under such title IV or section 

22 702(l) or 707.’’. 

23 (3) TABLE OF CONTENTS AMENDMENT.—The 

24 table of contents in the first section is amended by 


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1 striking the item relating to section 601 and insert2 ing the following: 

‘‘Sec. 601. Definitions. 

‘‘Sec. 602. Semiannual report of the Attorney General. 

‘‘Sec. 603. Availability of reports and submissions. 

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

‘‘Sec. 605. Reporting requirements for decisions, orders, and opinions of the 

Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review.’’. 

3 SEC. 403. SUBMISSION OF REPORTS. 

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

5 (50 U.S.C. 1808(a)(1)) is amended by striking ‘‘the 

6 House Permanent Select Committee on Intelligence and 

7 the Senate Select Committee on Intelligence, and the 

8 Committee on the Judiciary of the Senate,’’ and inserting 

9 ‘‘the Permanent Select Committee on Intelligence and the 

10 Committee on the Judiciary of the House of Representa11 tives and the Select Committee on Intelligence and the 

12 Committee on the Judiciary of the Senate’’. 

13 (b) PHYSICAL SEARCHES.—The matter preceding 

14 paragraph (1) of section 306 (50 U.S.C. 1826) is amend15 ed— 

16 (1) in the first sentence, by striking ‘‘Perma17 nent Select Committee on Intelligence of the House 

18 of Representatives and the Select Committee on In19 telligence of the Senate, and the Committee on the 

20 Judiciary of the Senate,’’ and inserting ‘‘Permanent 

21 Select Committee on Intelligence and the Committee 

22 on the Judiciary of the House of Representatives 


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1 and the Select Committee on Intelligence and the 

2 Committee on the Judiciary of the Senate’’; and 

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

4 Committee on the Judiciary of the House of Rep5 resentatives’’. 

6 (c) PEN REGISTERS AND TRAP AND TRACE DE7 VICES.—Section 406(b) (50 U.S.C. 1846(b)) is amend8 ed— 

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

10 inserting a semicolon; 

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

12 inserting a semicolon; and 

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

14 paragraphs: 

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

16 which the Attorney General or a designated attorney 

17 for the Government has made an application for an 

18 order authorizing or approving the installation and 

19 use of a pen register or trap and trace device under 

20 this title; and 

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

22 paragraph (4), each number described in paragraphs 

23 (1), (2), and (3).’’. 

24 (d) ACCESS TO CERTAIN BUSINESS RECORDS AND

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


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1 1862(a)) is amended by striking ‘‘Permanent Select Com2 mittee on Intelligence of the House of Representatives and 

3 the Select Committee on Intelligence and the Committee 

4 on the Judiciary of the Senate’’ and inserting ‘‘Permanent 

5 Select Committee on Intelligence and the Committee on 

6 the Judiciary of the House of Representatives and the Se7 lect Committee on Intelligence and the Committee on the 

8 Judiciary of the Senate’’. 

9 TITLE V—OTHER PROVISIONS 

10 SEC. 501. UNAUTHORIZED DISCLOSURE OR REMOVAL OF 

11 CERTAIN CLASSIFIED INFORMATION. 

12 (a) PROHIBITION ON UNAUTHORIZED DISCLO13 SURE.—An officer, employee, contractor, or consultant of 

14 the United States, or an officer, employee, contractor, or 

15 consultant of a recipient of an order issued pursuant to 

16 section 501 of the Foreign Intelligence Surveillance Act 

17 of 1978 (50 U.S.C. 1861) who— 

18 (1) knowingly comes into possession of classi19 fied information or documents or materials con20 taining classified information of the United States 

21 that— 

22 (A) was submitted in connection with an 

23 application to the court established under sec24 tion 103(a) of the Foreign Intelligence Surveil25 lance Act of 1978 (50 U.S.C. 1803(a)); 


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1 (B) was submitted in connection with an 

2 order approved by such court; or 

3 (C) was acquired pursuant to an order or 

4 directive of such court; and 

5 (2)(A) knowingly and willfully communicates, 

6 transmits, or otherwise makes available to an unau7 thorized person, such classified information or docu8 ments or materials; or 

9 (B) knowingly removes such documents or ma10 terials without authority and with the intent to re11 tain such documents or materials at an unauthorized 

12 location, 

13 shall be punished according to subsection (b). 

14 (b) TERM OF IMPRISONMENT.—A person who vio15 lates this section shall be fined under title 18, United 

16 States Code, or— 

17 (1) for a violation of paragraph (2)(A) of sub18 section (a), imprisoned for not more than 10 years; 

19 or 

20 (2) for a violation of paragraph (2)(B) of such 

21 subsection, imprisoned for not more than 1 year, 

22 or both. 

23 (c) PROVISION OF INFORMATION TO CONGRESS.— 

24 For purposes of this section, the provision of information 


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1 or documents or materials to Congress shall not constitute 

2 an offense under subsection (a). 

3 (d) CLASSIFIED INFORMATION OF THE UNITED

4 STATES DEFINED.—In this section, the term ‘‘classified 

5 information of the United States’’ means information 

6 originated, owned, or possessed by the United States Gov7 ernment concerning foreign intelligence, the national de8 fense or foreign relations of the United States that has 

9 been determined pursuant to law or Executive order to 

10 require protection against unauthorized disclosure in the 

11 interests of national security. 

12 SEC. 502. APPOINTMENT OF AMICUS CURIAE. 

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

14 at the end the following: 

15 ‘‘(i) AMICUS CURIAE.— 

16 ‘‘(1) AUTHORIZATION.—Notwithstanding any 

17 other provision of law, a court established under 

18 subsection (a) or (b) is authorized, consistent with 

19 the requirement of subsection (c) and any other stat20 utory requirement that the court act expeditiously or 

21 within a stated time, to appoint amicus curiae to as22 sist the court in the consideration of a covered mat23 ter. 

24 ‘‘(2) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘appropriate committees of 

3 Congress’ means— 

4 ‘‘(i) the Committee on the Judiciary 

5 and the Select Committee on Intelligence 

6 of the Senate; and 

7 ‘‘(ii) the Committee on the Judiciary 

8 and the Permanent Select Committee on 

9 Intelligence of the House of Representa10 tives. 

11 ‘‘(B) COVERED MATTER.—The term ‘cov12 ered matter’ means a matter before a court es13 tablished under subsection (a) or (b)— 

14 ‘‘(i) that, in the opinion of such a 

15 court, presents a legal or technical issue 

16 regarding which the court’s deliberations 

17 would benefit from participation by an 

18 amicus curiae; and 

19 ‘‘(ii) that pertains to— 

20 ‘‘(I) an application for an order 

21 under this title, title III, IV, or V of 

22 this Act, or section 703 or 704 of this 

23 Act; 


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1 ‘‘(II) a review of a certification 

2 or procedures under section 702 of 

3 this Act; or 

4 ‘‘(III) a notice of non-compliance 

5 with any such order, certification, or 

6 procedures. 

7 ‘‘(3) DESIGNATION.—The courts established by 

8 subsection (a) and (b) shall each designate 1 or 

9 more individuals who have been determined by ap10 propriate executive branch officials to be eligible for 

11 access to classified national security information, in12 cluding sensitive compartmented information, who 

13 may be appointed to serve as amicus curiae. In ap14 pointing an amicus curiae pursuant to paragraph 

15 (1), the court may choose from among those so des16 ignated. 

17 ‘‘(4) EXPERTISE.—An individual appointed as 

18 an amicus curiae under paragraph (1) may be a spe19 cial counsel or an expert on privacy and civil lib20 erties, intelligence collection, telecommunications, or 

21 any other area that may lend legal or technical ex22 pertise to the court. 

23 ‘‘(5) DUTIES.—An amicus curiae appointed 

24 under paragraph (1) to assist with the consideration 

25 of a covered matter shall carry out the duties asVerDate Sep 11 2014 04:54 May 30, 2015 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

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1 signed by the appointing court. That court may au2 thorize, to the extent consistent with the case or 

3 controversy requirements of Article III of the Con4 stitution of the United States and the national secu5 rity of the United States, the amicus curiae to re6 view any application, certification, petition, motion, 

7 or other submission that the court determines is rel8 evant to the duties assigned by the court. 

9 ‘‘(6) NOTIFICATION.—A court established under 

10 subsection (a) or (b) shall notify the Attorney Gen11 eral of each exercise of the authority to appoint an 

12 amicus curiae under paragraph (1). 

13 ‘‘(7) ASSISTANCE.—A court established under 

14 subsection (a) or (b) may request and receive (in15 cluding on a non-reimbursable basis) the assistance 

16 of the executive branch in the implementation of this 

17 subsection. 

18 ‘‘(8) ADMINISTRATION.—A court established 

19 under subsection (a) or (b) may provide for the des20 ignation, appointment, removal, training, support, or 

21 other administration of an amicus curiae appointed 

22 under paragraph (1) in a manner that is not incon23 sistent with this subsection. 

24 ‘‘(9) CONGRESSIONAL OVERSIGHT.—The Attor25 ney General shall submit to the appropriate commitVerDate Sep 11 2014 04:54 May 30, 2015 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

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1 tees of Congress an annual report on the number of 

2 notices described in paragraph (6) received by Attor3 ney General for the preceding 12-month period. 

4 ‘‘(j) REVIEW OF FISA COURT DECISIONS.—Fol5 lowing issuance of an order under this Act, a court estab6 lished under subsection (a) shall certify for review to the 

7 court established under subsection (b) any question of law 

8 that may affect resolution of the matter in controversy 

9 that the court determines warrants such review because 

10 of a need for uniformity or because consideration by the 

11 court established under subsection (b) would serve the in12 terests of justice. Upon certification of a question of law 

13 under this subsection, the court established under sub14 section (b) may give binding instructions or require the 

15 entire record to be sent up for decision of the entire matter 

16 in controversy. 

17 ‘‘(k) REVIEW OF FISA COURT OF REVIEW DECI18 SIONS.— 

19 ‘‘(1) CERTIFICATION.—For purposes of section 

20 1254(2) of title 28, United States Code, the court 

21 of review established under subsection (b) shall be 

22 considered to be a court of appeals. 

23 ‘‘(2) AMICUS CURIAE BRIEFING.—Upon certifi24 cation of an application under paragraph (1), the 

25 Supreme Court of the United States may appoint an 


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1 amicus curiae designated under subsection (i)(3), or 

2 any other person, to provide briefing or other assist3 ance.’’. 

4 SEC. 503. EMERGENCIES INVOLVING NON-UNITED STATES 

5 PERSONS. 

6 (a) IN GENERAL.—Section 105 (50 U.S.C. 1805) is 

7 amended— 

8 (1) by redesignating subsections (f), (g), (h), 

9 and (i) as subsections (g), (h), (i), and (j), respec10 tively; and 

11 (2) by inserting after subsection (e) the fol12 lowing: 

13 ‘‘(f)(1) Notwithstanding any other provision of this 

14 Act, the lawfully authorized targeting of a non-United 

15 States person previously believed to be located outside the 

16 United States for the acquisition of foreign intelligence in17 formation may continue for a period not to exceed 72 

18 hours from the time that the non-United States person 

19 is reasonably believed to be located inside the United 

20 States and the acquisition is subject to this title or to title 

21 III of this Act, provided that the head of an element of 

22 the intelligence community— 

23 ‘‘(A) determines— 

24 ‘‘(i) that there exists an exigent cir25 cumstance; and 


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1 ‘‘(ii) there is reason to believe that the tar2 get of the acquisition has communicated or re3 ceived or will communicate or receive foreign in4 telligence information relevant to the exigent 

5 circumstance; 

6 ‘‘(B) promptly notifies the Attorney General of 

7 a determination under subparagraph (A); and 

8 ‘‘(C) requests, as soon as practicable, the em9 ployment of emergency electronic surveillance under 

10 subsection (e) or the employment of an emergency 

11 physical search pursuant to section 304(e), as war12 ranted. 

13 ‘‘(2) The authority under this subsection to continue 

14 the acquisition of foreign intelligence information is lim15 ited to a period not to exceed 72 hours and shall cease 

16 upon the earlier of the following: 

17 ‘‘(A) The employment of emergency electronic 

18 surveillance under subsection (e) or the employment 

19 of an emergency physical search pursuant to section 

20 304(e). 

21 ‘‘(B) An issuance of a court order under this 

22 title or title III of this Act. 

23 ‘‘(C) The Attorney General provides direction 

24 that the acquisition be terminated. 


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1 ‘‘(D) The head of the element of the intel2 ligence community conducting the acquisition deter3 mines that a request under paragraph (1)(C) is not 

4 warranted. 

5 ‘‘(E) When the threat of death or serious bodily 

6 harm to any person is no longer reasonably believed 

7 to exist. 

8 ‘‘(3) Nonpublicly available information concerning 

9 unconsenting United States persons acquired under this 

10 subsection shall not be disseminated during the 72 hour 

11 time period under paragraph (1) unless necessary to inves12 tigate, reduce, or eliminate the threat of death or serious 

13 bodily harm to any person. 

14 ‘‘(4) If the Attorney General declines to authorize the 

15 employment of emergency electronic surveillance under 

16 subsection (e) or the employment of an emergency physical 

17 search pursuant to section 304(e), or a court order is not 

18 obtained under this title or title III of this Act, informa19 tion obtained during the 72 hour acquisition time period 

20 under paragraph (1) shall not be retained, except with the 

21 approval of the Attorney General if the information indi22 cates a threat of death or serious bodily harm to any per23 son. 

24 ‘‘(5) Paragraphs (5) and (6) of subsection (e) shall 

25 apply to this subsection.’’. 


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1 (b) NOTIFICATION OF EMERGENCY EMPLOYMENT OF

2 ELECTRONIC SURVEILLANCE.—Section 106(j) (50 U.S.C. 

3 1806(j)) is amended by striking ‘‘section 105(e)’’ and in4 serting ‘‘subsection (e) or (f) of section 105’’. 

5 SEC. 504. PERIODIC REVIEW OF INTELLIGENCE COMMU6 NITY PROCEDURES FOR THE ACQUISITION, 

7 RETENTION, AND DISSEMINATION OF INTEL8 LIGENCE. 

9 (a) IN GENERAL.—Title V of the National Security 

10 Act of 1947 (50 U.S.C. 3091 et seq.) is amended by add11 ing at the end the following: 

12 ‘‘SEC. 511. PERIODIC REVIEW OF INTELLIGENCE COMMU13 NITY PROCEDURES FOR THE ACQUISITION, 

14 RETENTION, AND DISSEMINATION OF INTEL15 LIGENCE. 

16 ‘‘(a) HEAD OF AN ELEMENT OF THE INTELLIGENCE

17 COMMUNITY DEFINED.—In this section, the term ‘head 

18 of an element of the intelligence community’ means, as 

19 appropriate— 

20 ‘‘(1) the head of an element of the intelligence 

21 community; or 

22 ‘‘(2) the head of the department or agency con23 taining such element. 

24 ‘‘(b) REVIEW OF PROCEDURES APPROVED BY THE

25 ATTORNEY GENERAL.— 


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1 ‘‘(1) REQUIREMENT FOR IMMEDIATE RE2 VIEW.—Each head of an element of the intelligence 

3 community that has not obtained the approval of the 

4 Attorney General for the procedures, in their en5 tirety, required by section 2.3 of Executive Order 

6 12333 (50 U.S.C. 3001 note) within 5 years prior 

7 to the date of the enactment of the FISA Reform 

8 Act of 2015, shall initiate, not later than 180 days 

9 after such date of enactment, a review of the proce10 dures for such element, in accordance with para11 graph (3). 

12 ‘‘(2) REQUIREMENT FOR REVIEW.—Not less 

13 frequently than once every 5 years, each head of an 

14 element of the intelligence community shall conduct 

15 a review of the procedures approved by the Attorney 

16 General for such element that are required by sec17 tion 2.3 of Executive Order 12333 (50 U.S.C. 3001 

18 note), or any successor order, in accordance with 

19 paragraph (3). 

20 ‘‘(3) REQUIREMENTS FOR REVIEWS.—In coordi21 nation with the Director of National Intelligence and 

22 the Attorney General, the head of an element of the 

23 intelligence community required to perform a review 

24 under paragraphs (1) or (2) shall— 


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1 ‘‘(A) review existing procedures for such 

2 element that are required by section 2.3 of Ex3 ecutive Order 12333 (50 U.S.C. 3001 note), or 

4 any successor order, to assess whether— 

5 ‘‘(i) advances in communications or 

6 other technologies since the time the proce7 dures were most recently approved by the 

8 Attorney General have affected the privacy 

9 protections that the procedures afford to 

10 United States persons, to include the pro11 tections afforded to United States persons 

12 whose nonpublic communications are inci13 dentally acquired by an element of the in14 telligence community; or 

15 ‘‘(ii) aspects of the existing proce16 dures impair the acquisition, retention, or 

17 dissemination of timely, accurate, and in18 sightful information about the activities, 

19 capabilities, plans, and intentions of for20 eign powers, organization, and persons, 

21 and their agents; and 

22 ‘‘(B) propose any modifications to existing 

23 procedures for such element in order to— 

24 ‘‘(i) clarify the guidance such proce25 dures afford to officials responsible for the 


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1 acquisition, retention, and dissemination of 

2 intelligence; 

3 ‘‘(ii) eliminate unnecessary impedi4 ments to the acquisition, retention, and 

5 dissemination of intelligence; or 

6 ‘‘(iii) ensure appropriate protections 

7 for the privacy of United States persons 

8 and persons located inside the United 

9 States. 

10 ‘‘(4) NOTICE.—The Director of National Intel11 ligence and the Attorney General shall notify the 

12 congressional intelligence committees following the 

13 completion of each review required under this sec14 tion. 

15 ‘‘(5) REQUIREMENT TO PROVIDE PROCE16 DURES.—Upon the implementation of any modifica17 tions to procedures required by section 2.3 of Execu18 tive Order 12333 (50 U.S.C. 3001 note), or any suc19 cessor order, the head of the element of the intel20 ligence community to which the modified procedures 

21 apply shall promptly provide a copy of the modified 

22 procedures to the congressional intelligence commit23 tees.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 in the first section of the National Security Act of 1947 


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1 is amended by adding after the section relating to section 

2 510 the following: 

‘‘Sec. 511. Periodic review of intelligence community procedures for the acquisition, retention, and dissemination of intelligence.’’. 

3 SEC. 505. PRESERVATION OF TREATMENT OF NON-UNITED 

4 STATES PERSONS TRAVELING OUTSIDE 

5 UNITED STATES AS AGENTS OF FOREIGN 

6 POWERS. 

7 Section 101(b)(1) (50 U.S.C. 1801(b)(1)) is amend8 ed— 

9 (1) in subparagraph (A), by inserting before the 

10 semicolon at the end the following: ‘‘, irrespective of 

11 whether the person is inside the United States’’; and 

12 (2) in subparagraph (B)— 

13 (A) by striking ‘‘of such person’s presence 

14 in the United States’’; and 

15 (B) by striking ‘‘such activities in the 

16 United States’’ and inserting ‘‘such activities’’. 

17 SEC. 506. IMPROVEMENT TO INVESTIGATIONS OF INTER18 NATIONAL PROLIFERATION OF WEAPONS OF 

19 MASS DESTRUCTION. 

20 Section 101(b)(1) (50 U.S.C. 1801(b)(1)), as amend21 ed by section 506, is further amended by striking subpara22 graph (E) and inserting the following: 

23 ‘‘(E) engages in the international prolifera24 tion of weapons of mass destruction, or activiVerDate Sep 11 2014 04:54 May 30, 2015 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

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1 ties in preparation therefor, for or on behalf of 

2 a foreign power, or knowingly aids or abets any 

3 person in the conduct of such proliferation or 

4 activities in preparation therefor, or knowingly 

5 conspires with any person to engage in such 

6 proliferation or activities in preparation there7 for; or’’. 

8 SEC. 507. SUNSET OF ACCESS TO BUSINESS RECORDS, AU9 THORITY FOR ROVING SURVEILLANCE, AND 

10 INDIVIDUAL TERRORISTS AS AGENTS OF 

11 FOREIGN POWERS. 

12 (a) ACCESS TO BUSINESS RECORDS AND AUTHORITY

13 FOR ROVING SURVEILLANCE.—Section 102(b)(1) of the 

14 USA PATRIOT Improvement and Reauthorization Act of 

15 2005 (50 U.S.C. 1805 note) is amended by striking ‘‘June 

16 1, 2015’’ and inserting ‘‘December 15, 2019’’. 

17 (b) INDIVIDUAL TERRORIST AS AGENTS OF FOREIGN

18 POWERS.—Section 6001(b)(1) of the Intelligence Reform 

19 and Terrorism Prevention Act of 2004 (50 U.S.C. 1801 

20 note) is amended by striking ‘‘June 1, 2015’’ and insert21 ing ‘‘December 15, 2019’’. 


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1 SEC. 508. RESTORATION OF AUTHORITY FOR ACCESS TO 

2 BUSINESS RECORDS, ROVING SURVEIL3 LANCE, AND INDIVIDUAL TERRORISTS AS 

4 AGENTS OF FOREIGN POWERS. 

5 Effective on the date of the enactment of this Act, 

6 sections 101(b)(1)(C), 105(c)(2), 501, and 502 of the For7 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

8 1801(b)(1)(C), 1805(c)(2), 1861, and 1862 ) are amended 

9 to read as each such section read on May 31, 2015. 

Æ 


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