I 

113TH CONGRESS 

2D SESSION H. R. 4291 

To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit 

the bulk collection of call detail records, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2014 

Mr. ROGERS of Michigan (for himself, Mr. MILLER of Florida, Mr. CONAWAY, 

Mr. KING of New York, Mr. LOBIONDO, Mr. NUNES, Mr. WESTMORELAND, Mrs. BACHMANN, Mr. POMPEO, Mr. RUPPERSBERGER, Mr. 

THOMPSON of California, Mr. LANGEVIN, and Ms. SEWELL of Alabama) 

introduced the following bill; which was referred to the Select Committee 

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

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Foreign Intelligence Surveillance Act of 1978 

to prohibit the bulk collection of call detail records, 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. 

4 This Act may be cited as the ‘‘FISA Transparency 

5 and Modernization Act’’. 


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1 SEC. 2. PROHIBITION ON BULK COLLECTION OF CALL DE2 TAIL RECORDS. 

3 Section 501(a) of the Foreign Intelligence Surveil4 lance Act of 1978 (50 U.S.C. 1861) is amended— 

5 (1) in paragraph (1), by striking ‘‘other items’’ 

6 and inserting ‘‘other items, but not including call de7 tail records’’; and 

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

9 paragraph: 

10 ‘‘(4) In this subsection, the term ‘call detail records’ 

11 means communications routing information, including an 

12 original or terminating telephone number, an Inter13 national Mobile Subscriber Identity, an International Mo14 bile Station Equipment Identity, a trunk identifier, a tele15 phone calling card number, the time or duration of a call, 

16 or original or terminating text-message numerical infor17 mation.’’. 

18 SEC. 3. PROHIBITION ON BULK COLLECTION OF ELEC19 TRONIC COMMUNICATIONS RECORDS. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, the Federal Government may not acquire 

22 under the Foreign Intelligence Surveillance Act of 1978 

23 (50 U.S.C. 1801 et seq.) records of any electronic commu24 nication without the use of specific identifiers or selection 

25 terms. 


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1 (b) DEFINITION OF ELECTRONIC COMMUNICA2 TIONS.—In this section, the term ‘‘electronic communica3 tion’’ has the meaning given such term under section 2510 

4 of title 18, United States Code. 

5 SEC. 4. PROHIBITION ON BULK COLLECTION OF CERTAIN 

6 BUSINESS RECORDS. 

7 Notwithstanding any other provision of law, the Fed8 eral Government may not acquire under the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 

10 library circulation records, library patron lists, book sales 

11 records, book customer lists, firearm sales records, tax re12 turn records, educational records, or medical records con13 taining information that would identify a person without 

14 the use of specific identifiers or selection terms. 

15 SEC. 5. APPOINTMENT OF AMICUS CURIAE. 

16 Section 103 of the Foreign Intelligence Surveillance 

17 Act of 1978 (50 U.S.C. 1803) is amended by adding at 

18 the end the following: 

19 ‘‘(i) AMICUS CURIAE.— 

20 ‘‘(1) AUTHORIZATION.—Notwithstanding any 

21 other provision of law, a court established under 

22 subsection (a) or (b) may, consistent with the re23 quirement of subsection (c) and any other statutory 

24 requirement that the court act expeditiously or with25 in a stated time, to appoint amicus curiae to assist 


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1 the court in the consideration of a covered applica2 tion. 

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

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

5 more individuals who have been determined by ap6 propriate executive branch officials to be eligible for 

7 access to classified information who may be ap8 pointed to serve as amicus curiae. In appointing an 

9 amicus curiae pursuant to paragraph (1), the court 

10 may choose from among those so designated. 

11 ‘‘(3) EXPERTISE.—An individual appointed as 

12 an amicus curiae under paragraph (1) may be a spe13 cial counsel or an expert on privacy and civil lib14 erties, intelligence collection, telecommunications, or 

15 any other area that may lend legal or technical ex16 pertise to the court. 

17 ‘‘(4) DUTIES.—An amicus curiae appointed 

18 under paragraph (1) to assist with the consideration 

19 of a covered application shall carry out the duties 

20 assigned by the appointing court. That court may 

21 authorize, to the extent consistent with the case or 

22 controversy requirements of article III of the Con23 stitution of the United States and the national secu24 rity of the United States, the amicus curiae to re25 view any application, certification, petition, motion, 


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1 or other submission that the court determines is rel2 evant to the duties assigned by the court. 

3 ‘‘(5) NOTIFICATION.—A court established under 

4 subsection (a) or (b) shall notify the Attorney Gen5 eral of each exercise of the authority to appoint an 

6 amicus curiae under paragraph (1). 

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

8 subsection (a) or (b) may request and receive (in9 cluding on a non-reimbursable basis) the assistance 

10 of the executive branch in the implementation of this 

11 subsection. 

12 ‘‘(7) ADMINISTRATION.—A court established 

13 under subsection (a) or (b) may provide for the des14 ignation, appointment, removal, training, support, or 

15 other administration of an amicus curiae appointed 

16 under paragraph (1) in a manner that is not incon17 sistent with this subsection. 

18 ‘‘(8) CONGRESSIONAL OVERSIGHT.—The Attor19 ney General shall submit to the appropriate commit20 tees of Congress an annual report on the number of 

21 notices described in paragraph (5) received by Attor22 ney General for the preceding 12-month period. 

23 Each such report shall include the name of each in24 dividual appointed as an amicus curiae during such 

25 period. 


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1 ‘‘(9) DEFINITIONS.—In this subsection: 

2 ‘‘(A) APPROPRIATE COMMITTEES OF CON3 GRESS.—The term ‘appropriate committees of 

4 Congress’ means— 

5 ‘‘(i) the Committee on the Judiciary 

6 and the Select Committee on Intelligence 

7 of the Senate; and 

8 ‘‘(ii) the Committee on the Judiciary 

9 and the Permanent Select Committee on 

10 Intelligence of the House of Representa11 tives. 

12 ‘‘(B) COVERED APPLICATION.—The term 

13 ‘covered application’ means an application for 

14 an order or review made to a court established 

15 under subsection (a) or (b)— 

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

17 court, presents a novel or significant inter18 pretation of the law; and 

19 ‘‘(ii) that is— 

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 503 or 

3 702 of this Act; or 

4 ‘‘(III) a notice of non-compliance 

5 with any such order, certification, or 

6 procedures.’’. 

7 SEC. 6. REPORTING REQUIREMENTS FOR DECISIONS OF 

8 THE FOREIGN INTELLIGENCE SURVEIL9 LANCE COURT. 

10 Section 601(c)(1) of the Foreign Intelligence Surveil11 lance Act of 1978 (50 U.S.C. 1871(c)) is amended to read 

12 as follows: 

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

14 which the Foreign Intelligence Surveillance Court or 

15 the Foreign Intelligence Surveillance Court of Re16 view issues a decision, order, or opinion that in17 cludes a significant construction or interpretation of 

18 any provision of this Act or a denial of a request for 

19 an order or a modification of a request for an order, 

20 or results in a change of application of any provision 

21 of this Act or a new application of any provision of 

22 this Act— 

23 ‘‘(A) a copy of such decision, order, or 

24 opinion and any pleadings, applications, or 


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1 memoranda of law associated with such deci2 sion, order, or opinion; and 

3 ‘‘(B) with respect to such decision, order, 

4 or opinion, a brief statement of the relevant 

5 background factual information, questions of 

6 law, legal analysis, and decision rendered; and’’. 

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

8 OPINIONS. 

9 (a) DECLASSIFICATION.—Title VI of the Foreign In10 telligence Surveillance Act of 1978 (50 U.S.C. 1871 et 

11 seq.) is amended— 

12 (1) in the heading, by striking ‘‘REPORT13 ING REQUIREMENT’’ and inserting ‘‘OVER14 SIGHT’’; and 

15 (2) by adding at the end the following new sec16 tion: 

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

18 ORDERS, AND OPINIONS. 

19 ‘‘(a) DECLASSIFICATION REQUIRED.—Subject to 

20 subsection (b), the Director of National Intelligence shall 

21 conduct a declassification review of each decision, order, 

22 or opinion issued by the Foreign Intelligence Surveillance 

23 Court or the Foreign Intelligence Surveillance Court of 

24 Review that includes significant construction or interpre25 tation of any provision of this Act and, consistent with 


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1 that review, make publicly available to the greatest extent 

2 practicable each such decision, order, or opinion. 

3 ‘‘(b) REDACTED FORM.—The Director of National 

4 Intelligence may satisfy the requirement under subsection 

5 (a) to make a decision, order, or opinions described in such 

6 subsection publicly available to the greatest extent prac7 ticable by making such decision, order, or opinion publicly 

8 available in redacted form. 

9 ‘‘(c) NATIONAL SECURITY WAIVER.—The Director of 

10 National Intelligence may waive the requirement to declas11 sify and make publicly available a particular decision, 

12 order, or opinion under subsection (a) if the Director— 

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 

20 of contents in the first section of such Act is amended— 

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

22 inserting the following new item: 

‘‘TITLE VI—OVERSIGHT’’; 

23 and 


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1 (2) by inserting after the item relating to sec2 tion 601 the following new item: 

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

3 SEC. 8. PUBLIC REPORTING ON INCIDENTAL COLLECTION 

4 OF UNITED STATES PERSON INFORMATION. 

5 Section 601 of the Foreign Intelligence Surveillance 

6 Act of 1978 (50 U.S.C. 1871) is amended— 

7 (1) by redesignating subsection (e) as sub8 section (f); and 

9 (2) by inserting after subsection (d) the fol10 lowing new subsection: 

11 ‘‘(e) PUBLIC REPORTING ON INCIDENTAL COLLEC12 TION OF UNITED STATES PERSON INFORMATION.—The 

13 Attorney General shall annually make publicly available 

14 a report describing the number of identified instances in 

15 which the contents of a communication of a United States 

16 person was acquired under this Act when the acquisition 

17 authorized by this Act that resulted in the collection of 

18 such contents could not reasonably have been anticipated 

19 to capture such contents.’’. 

20 SEC. 9. ANNUAL REPORTS ON VIOLATIONS OF LAW OR EX21 ECUTIVE ORDER. 

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

23 Act of 1947 (50 U.S.C. 3091 et seq.) is amended by add24 ing at the end the following: 


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1 ‘‘SEC. 509. ANNUAL REPORT ON VIOLATIONS OF LAW OR EX2 ECUTIVE ORDER. 

3 ‘‘(a) ANNUAL REPORTS REQUIRED.—Not later than 

4 April 1 of each year, the Director of National Intelligence 

5 shall submit to the congressional intelligence committees 

6 a report on violations of law or executive order by per7 sonnel of an element of the intelligence community that 

8 were identified during the previous calendar year. 

9 ‘‘(b) ELEMENTS.—Each report required subsection 

10 (a) shall include a description of any violation of law or 

11 executive order (including Executive Order No. 12333 (50 

12 U.S.C. 3001 note)) by personnel of an element of the intel13 ligence community in the course of such employment that, 

14 during the previous calendar year, was determined by the 

15 director, head, general counsel, or inspector general of any 

16 element of the intelligence community to have occurred.’’. 

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

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

19 is amended by adding after the section relating to section 

20 508 the following: 

‘‘Sec. 509. Annual report on violations of law or Executive order.’’. 


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1 SEC. 10. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY 

2 PROCEDURES FOR THE ACQUISITION, RETEN3 TION, AND DISSEMINATION OF INTEL4 LIGENCE. 

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

6 Act of 1947 (50 U.S.C. 3091 et seq.), as amended by sec7 tion 9, is further amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 510. PERIODIC REVIEW OF INTELLIGENCE COMMU10 NITY PROCEDURES FOR THE ACQUISITION, 

11 RETENTION, AND DISSEMINATION OF INTEL12 LIGENCE. 

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

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

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

16 appropriate— 

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

18 community; or 

19 ‘‘(2) the head of the department or agency con20 taining such element. 

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

22 ATTORNEY GENERAL.— 

23 ‘‘(1) REQUIREMENT FOR IMMEDIATE RE24 VIEW.—Each head of an element of the intelligence 

25 community that has not obtained the approval of the 

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1 tirety, required by section 2.3 of Executive Order 

2 12333 (50 U.S.C. 3001 note) within 5 years prior 

3 to the date of the enactment of the FISA Trans4 parency and Modernization Act, shall initiate, not 

5 later than 180 days after such date of enactment, a 

6 review of the procedures for such element, in accord7 ance with paragraph (3). 

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

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

10 element of the intelligence community shall conduct 

11 a review of the procedures approved by the Attorney 

12 General for such element that are required by sec13 tion 2.3 of Executive Order 12333 (50 U.S.C. 3001 

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

15 paragraph (3). 

16 ‘‘(3) REQUIREMENTS FOR REVIEWS.—In coordi17 nation with the Director of National Intelligence and 

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

19 intelligence community required to perform a review 

20 under paragraph (1) or (2) shall— 

21 ‘‘(A) review existing procedures for such 

22 element that are required by section 2.3 of Ex23 ecutive Order 12333 (50 U.S.C. 3001 note), or 

24 any successor order, to assess whether— 


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1 ‘‘(i) advances in communications or 

2 other technologies since the time the proce3 dures were most recently approved by the 

4 Attorney General have affected the privacy 

5 protections that the procedures afford to 

6 United States persons, to include the pro7 tections afforded to United States persons 

8 whose nonpublic communications are inci9 dentally acquired by an element of the in10 telligence community; or 

11 ‘‘(ii) aspects of the existing proce12 dures impair the acquisition, retention, or 

13 dissemination of timely, accurate, and in14 sightful information about the activities, 

15 capabilities, plans, and intentions of for16 eign powers, organization, and persons, 

17 and their agents; and 

18 ‘‘(B) propose any modifications to existing 

19 procedures for such element in order to— 

20 ‘‘(i) clarify the guidance such proce21 dures afford to officials responsible for the 

22 acquisition, retention, and dissemination of 

23 intelligence; 


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1 ‘‘(ii) eliminate unnecessary impedi2 ments to the acquisition, retention, and 

3 dissemination of intelligence; or 

4 ‘‘(iii) ensure appropriate protections 

5 for the privacy of United States persons 

6 and persons located inside the United 

7 States. 

8 ‘‘(4) NOTICE.—The Director of National Intel9 ligence and the Attorney General shall notify the 

10 congressional intelligence committees following the 

11 completion of each review required under this sec12 tion. 

13 ‘‘(5) REQUIREMENT TO PROVIDE PROCE14 DURES.—Upon the implementation of any modifica15 tions to procedures required by section 2.3 of Execu16 tive Order 12333 (50 U.S.C. 3001 note), or any suc17 cessor order, the head of the element of the intel18 ligence community to which the modified procedures 

19 apply shall promptly provide a copy of the modified 

20 procedures to the congressional intelligence commit21 tees.’’. 

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

23 in the first section of the National Security Act of 1947, 

24 as amended by section 9, is further amended by adding 

25 after the section relating to section 509 the following: 


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‘‘Sec. 510. Periodic review of intelligence community procedures for the acquisition, retention, and dissemination of intelligence.’’. 

1 SEC. 11. PROCEDURES FOR TARGETED ACQUISITIONS OF 

2 TERRORIST AND FOREIGN AGENT NON-CON3 TENT COMMUNICATIONS RECORDS. 

4 (a) IN GENERAL.—Title V of the Foreign Intelligence 

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

6 amended by adding at the end the following new section: 

7 ‘‘SEC. 503. PROCEDURES FOR TARGETED ACQUISITIONS OF 

8 TERRORIST AND FOREIGN AGENT NON-CON9 TENT COMMUNICATIONS RECORDS. 

10 ‘‘(a) AUTHORIZATION.—Notwithstanding any other 

11 provision of law, upon the issuance of an order in accord12 ance with subsection (i)(3) or a determination under sub13 section (c)(2), the Attorney General and the Director of 

14 National Intelligence may authorize jointly, for a period 

15 of up to 1 year from the effective date of the authoriza16 tion, the acquisition from an electronic communication 

17 service provider of records created as a result of commu18 nications of an individual or facility who, based on reason19 able and articulable suspicion, is— 

20 ‘‘(1) a foreign power or the agent of a foreign 

21 power; 

22 ‘‘(2) associated with a foreign power or the 

23 agent of a foreign power; or 


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1 ‘‘(3) in contact with, or known to, a suspected 

2 agent of a foreign power. 

3 ‘‘(b) LIMITATIONS.—An acquisition authorized under 

4 subsection (a) shall be reasonably designed— 

5 ‘‘(1) not to acquire— 

6 ‘‘(A) the contents associated with any com7 munication; 

8 ‘‘(B) records of wire or electronic commu9 nications without the use of specific identifiers 

10 or selection terms; 

11 ‘‘(C) information for an investigation of a 

12 United States person conducted solely upon the 

13 basis of activities protected by the first amend14 ment to the Constitution; or 

15 ‘‘(D) the name, address, social security 

16 number, employer or taxpayer identification 

17 number, date of birth, or credit card number of 

18 any United States person; and 

19 ‘‘(2) to comply with the fourth amendment to 

20 the Constitution of the United States. 

21 ‘‘(c) CONDUCT OF ACQUISITION.— 

22 ‘‘(1) IN GENERAL.—An acquisition authorized 

23 under subsection (a) shall be conducted only— 

24 ‘‘(A) in accordance with the selection and 

25 civil liberties and privacy protection procedures 


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1 adopted in accordance with subsections (d) and 

2 (e); and 

3 ‘‘(B) upon submission of a certification in 

4 accordance with subsection (g). 

5 ‘‘(2) DETERMINATION.—A determination under 

6 this paragraph and for purposes of subsection (a) is 

7 a determination by the Attorney General and the Di8 rector of National Intelligence that exigent cir9 cumstances exist because, without immediate imple10 mentation of an authorization under subsection (a), 

11 intelligence important to the national security of the 

12 United States may be lost or not timely acquired 

13 and time does not permit the issuance of an order 

14 pursuant to subsection (i)(3) prior to the implemen15 tation of such authorization. 

16 ‘‘(3) TIMING OF DETERMINATION.—The Attor17 ney General and the Director of National Intel18 ligence may make the determination under para19 graph (2)— 

20 ‘‘(A) before the submission of a certifi21 cation in accordance with subsection (g); or 

22 ‘‘(B) by amending a certification pursuant 

23 to subsection (i)(1)(C) at any time during 

24 which judicial review under subsection (i) of 

25 such certification is pending. 


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1 ‘‘(d) SELECTION PROCEDURES.— 

2 ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 

3 General, in consultation with the Director of Na4 tional Intelligence, shall adopt selection procedures 

5 that are reasonably designed to ensure that any ac6 quisition authorized under subsection (a) complies 

7 with the requirements and limitations relating to 

8 such acquisitions under subsections (a) and (b); 

9 ‘‘(2) JUDICIAL REVIEW.—The procedures 

10 adopted in accordance with paragraph (1) shall be 

11 subject to judicial review pursuant to subsection (i). 

12 ‘‘(e) CIVIL LIBERTIES AND PRIVACY PROTECTION

13 PROCEDURES.— 

14 ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 

15 General, in consultation with the Director of Na16 tional Intelligence, shall adopt civil liberties and pri17 vacy protection procedures that are reasonably de18 signed to— 

19 ‘‘(A) minimize the impact of any acquisi20 tion authorized by (a) on the privacy and civil 

21 liberties of United States persons; and 

22 ‘‘(B) reasonably limit the receipt, reten23 tion, use, and disclosure of communications 

24 records associated with a specific person when 

25 such records are not necessary to understand 


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1 foreign intelligence information or assess the 

2 importance of such information. 

3 ‘‘(2) JUDICIAL REVIEW.—The civil liberties and 

4 privacy protection procedures adopted in accordance 

5 with paragraph (1) shall be subject to judicial review 

6 pursuant to subsection (i). 

7 ‘‘(f) GUIDELINES FOR COMPLIANCE WITH LIMITA8 TIONS.— 

9 ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 

10 General, in consultation with the Director of Na11 tional Intelligence, shall adopt guidelines to ensure— 

12 ‘‘(A) compliance with the requirements and 

13 limitations under subsections (a) and (b); and 

14 ‘‘(B) that an application for a court order 

15 is filed as required by this title. 

16 ‘‘(2) SUBMISSION OF GUIDELINES.—The Attor17 ney General shall provide the guidelines adopted in 

18 accordance with paragraph (1)— 

19 ‘‘(A) the congressional intelligence commit20 tees; 

21 ‘‘(B) the Committees on the Judiciary of 

22 the Senate and the House of Representatives; 

23 and 

24 ‘‘(C) the Foreign Intelligence Surveillance 

25 Court. 


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1 ‘‘(g) CERTIFICATION.— 

2 ‘‘(1) IN GENERAL.— 

3 ‘‘(A) REQUIREMENT TO SUBMIT CERTIFI4 CATION.—Subject to subparagraph (B), prior to 

5 the implementation of an authorization under 

6 subsection (a), the Attorney General and the 

7 Director of National Intelligence shall provide 

8 to the Foreign Intelligence Surveillance Court a 

9 written certification and any supporting affi10 davit, under oath and under seal, in accordance 

11 with this subsection. 

12 ‘‘(B) EXCEPTION.—If the Attorney Gen13 eral and the Director of National Intelligence 

14 make a determination under subsection (c)(2) 

15 and time does not permit the submission of a 

16 certification under this subsection prior to the 

17 implementation of an authorization under sub18 section (a), the Attorney General and the Direc19 tor of National Intelligence shall submit to the 

20 Court a certification for such authorization as 

21 soon as practicable but in no event later than 

22 7 days after such determination is made. 

23 ‘‘(2) CERTIFICATION REQUIREMENTS.—A cer24 tification made under this subsection shall— 

25 ‘‘(A) attest that— 


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1 ‘‘(i) procedures have been approved, 

2 have been submitted for approval, or will 

3 be submitted with the certification for ap4 proval by the Foreign Intelligence Surveil5 lance Court that are reasonably designed 

6 to ensure compliance with the require7 ments and limitations under subsections 

8 (a) and (b); 

9 ‘‘(ii) the civil liberties and privacy pro10 tection procedures to be used with respect 

11 to such acquisition— 

12 ‘‘(I) meet the requirements of 

13 civil liberties and privacy protection 

14 procedures adopted under subsection 

15 (e); and 

16 ‘‘(II) have been approved, have 

17 been submitted for approval, or will be 

18 submitted with the certification for 

19 approval by the Foreign Intelligence 

20 Surveillance Court; 

21 ‘‘(iii) guidelines have been adopted in 

22 accordance with subsection (f) to ensure 

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1 tion for a court order is filed as required 

2 by this chapter; 

3 ‘‘(iv) the procedures and guidelines re4 ferred to in clauses (i), (ii), and (iii) are 

5 consistent with the requirements of the 

6 fourth amendment to the Constitution of 

7 the United States; 

8 ‘‘(v) a significant purpose of the ac9 quisition is to obtain foreign intelligence 

10 information; 

11 ‘‘(vi) the acquisition involves obtaining 

12 foreign intelligence information from or 

13 with the assistance of an electronic com14 munications service provider; and 

15 ‘‘(vii) the acquisition complies with 

16 the limitations in subsection (b); 

17 ‘‘(B) include the procedures adopted in ac18 cordance with subsections (d) and (e); 

19 ‘‘(C) be supported, as appropriate, by the 

20 affidavit of any appropriate official in the area 

21 of national security who is— 

22 ‘‘(i) appointed by the President, by 

23 and with the advice and consent of the 

24 Senate; or 


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1 ‘‘(ii) the head of an element of the in2 telligence community; 

3 ‘‘(D) include— 

4 ‘‘(i) an effective date for the author5 ization that is at least 30 days after the 

6 submission of the written certification to 

7 the court; or 

8 ‘‘(ii) if the acquisition has begun or 

9 the effective date is less than 30 days after 

10 the submission of the written certification 

11 to the court, the date the acquisition began 

12 or the effective date for the acquisition; 

13 and 

14 ‘‘(E) if the Attorney General and the Di15 rector of National Intelligence make a deter16 mination under subsection (c)(2), include a 

17 statement that such determination has been 

18 made. 

19 ‘‘(3) CHANGE IN EFFECTIVE DATE.—The At20 torney General and the Director of National Intel21 ligence may advance or delay the effective date re22 ferred to in paragraph (2)(D) by submitting an 

23 amended certification in accordance with subsection 

24 (i)(1)(C) to the Foreign Intelligence Surveillance 

25 Court for review pursuant to subsection (i). 


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1 ‘‘(4) MAINTENANCE OF CERTIFICATION.—The 

2 Attorney General or a designee of the Attorney Gen3 eral shall maintain a copy of a certification made 

4 under this subsection. 

5 ‘‘(5) JUDICIAL REVIEW.—A certification sub6 mitted in accordance with this subsection shall be 

7 subject to judicial review pursuant to subsection (i). 

8 ‘‘(h) DIRECTIVES.— 

9 ‘‘(1) AUTHORITY.—With respect to an acquisi10 tion authorized under subsection (a), the Attorney 

11 General and the Director of National Intelligence 

12 may direct, in writing, an electronic communications 

13 service provider to— 

14 ‘‘(A) immediately provide the Government 

15 with records, whether existing or created in the 

16 future, in the format specified by the Govern17 ment and in a manner that will protect the se18 crecy of the acquisition; and 

19 ‘‘(B) maintain under security procedures 

20 approved by the Attorney General and the Di21 rector of National Intelligence any records con22 cerning the aid furnished that such electronic 

23 communication service provider retains. 

24 ‘‘(2) COMPENSATION AND ASSISTANCE.—The 

25 Government shall compensate, at the prevailing rate, 


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1 an electronic communications service provider for 

2 providing records in accordance with directives 

3 issued pursuant to paragraph (1). The Government 

4 may provide any information, facilities, or assistance 

5 necessary to aid an electronic communications serv6 ice provider in complying with a directive issued pur7 suant to paragraph (1). 

8 ‘‘(3) RECORD REQUIREMENT.—For any direc9 tive issued under paragraph (1), the Attorney Gen10 eral shall retain a record of the information indi11 cating that, at the time the directive was issued, the 

12 directive complied with the selection procedures es13 tablished by subsection (d). 

14 ‘‘(4) JUDICIAL REVIEW.— 

15 ‘‘(A) REQUIREMENT TO PROVIDE DIREC16 TIVES AND SUPPORTING RECORDS.—The Attor17 ney General shall promptly provide to the court 

18 established by section 103(a) a copy of each di19 rective issued under paragraph (1) and a copy 

20 of each record prepared under paragraph (3). 

21 ‘‘(B) REMEDY FOR IMPROPER DIREC22 TIVES.—The court shall promptly consider each 

23 directive and record provided under subpara24 graph (A), and if the court finds that a record 

25 prepared under paragraph (3) does not meet 


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1 the requirements of the selection procedures es2 tablished by subsection (d), the court may order 

3 that the production of records under the appli4 cable directive be terminated or modified, that 

5 the information produced in response to the di6 rective be destroyed, or another appropriate 

7 remedy. 

8 ‘‘(5) CHALLENGING OF DIRECTIVES.— 

9 ‘‘(A) AUTHORITY TO CHALLENGE.—An 

10 electronic communications service provider re11 ceiving a directive issued pursuant to paragraph 

12 (1) may file a petition to modify or set aside 

13 such directive with the Foreign Intelligence 

14 Surveillance Court, which shall have jurisdiction 

15 to review such petition. 

16 ‘‘(B) ASSIGNMENT.—The presiding judge 

17 of the Court shall assign a petition filed under 

18 subparagraph (A) to 1 of the judges serving in 

19 the pool established under section 103(e)(1) not 

20 later than 24 hours after the filing of such peti21 tion. 

22 ‘‘(C) STANDARDS FOR REVIEW.—A judge 

23 considering a petition filed under subparagraph 

24 (A) may grant such petition only if the judge 

25 finds that the directive does not meet the reVerDate Mar 15 2010 03:07 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4291.IH H4291

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1 quirements of this section or is otherwise un2 lawful. 

3 ‘‘(D) PROCEDURES FOR INITIAL RE4 VIEW.—A judge shall conduct an initial review 

5 of a petition filed under subparagraph (A) not 

6 later than 5 days after being assigned such pe7 tition. If the judge determines that such peti8 tion consists of claims, defenses, or other legal 

9 contentions that are not warranted by existing 

10 law or consists of a frivolous argument for ex11 tending, modifying, or reversing existing law or 

12 for establishing new law, the judge shall imme13 diately deny such petition and affirm the direc14 tive or any part of the directive that is the sub15 ject of such petition and order the recipient to 

16 comply with the directive or any part of it. 

17 Upon making a determination under this sub18 paragraph or promptly thereafter, the judge 

19 shall provide a written statement for the record 

20 of the reasons for such determination. 

21 ‘‘(E) PROCEDURES FOR PLENARY RE22 VIEW.—If a judge determines that a petition 

23 filed under subparagraph (A) requires plenary 

24 review, the judge shall affirm, modify, or set 

25 aside the directive that is the subject of such 


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1 petition not later than 30 days after being as2 signed such petition. If the judge does not set 

3 aside the directive, the judge shall immediately 

4 affirm or affirm with modifications the direc5 tive, and order the recipient to comply with the 

6 directive in its entirety or as modified. The 

7 judge shall provide a written statement for the 

8 record of the reasons for a determination under 

9 this subparagraph. 

10 ‘‘(F) CONTINUED EFFECT.—Any directive 

11 not explicitly modified or set aside under this 

12 paragraph shall remain in full effect. 

13 ‘‘(G) CONTEMPT OF COURT.—Failure to 

14 obey an order issued under this paragraph may 

15 be punished by the Court as contempt of court. 

16 ‘‘(6) ENFORCEMENT OF DIRECTIVES.— 

17 ‘‘(A) ORDER TO COMPEL.—If an electronic 

18 communications service provider fails to comply 

19 with a directive issued pursuant to paragraph 

20 (1), the Attorney General may file a petition for 

21 an order to compel the service to comply with 

22 the directive with the Foreign Intelligence Sur23 veillance Court, which shall have jurisdiction to 

24 review such petition. 


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1 ‘‘(B) ASSIGNMENT.—The presiding judge 

2 of the Court shall assign a petition filed under 

3 subparagraph (A) to 1 of the judges serving in 

4 the pool established under section 103(e)(1) not 

5 later than 24 hours after the filing of such peti6 tion. 

7 ‘‘(C) PROCEDURES FOR REVIEW.—A judge 

8 considering a petition filed under subparagraph 

9 (A) shall, not later than 30 days after being as10 signed such petition, issue an order requiring 

11 the electronic communications service provider 

12 to comply with the directive or any part of it, 

13 as issued or as modified, if the judge finds that 

14 the directive meets the requirements of this sec15 tion and is otherwise lawful. The judge shall 

16 provide a written statement for the record of 

17 the reasons for a determination under this 

18 paragraph. 

19 ‘‘(D) CONTEMPT OF COURT.—Failure to 

20 obey an order issued under this paragraph may 

21 be punished by the Court as contempt of court. 

22 ‘‘(E) PROCESS.—Any process under this 

23 paragraph may be served in any judicial district 

24 in which the electronic communications service 

25 provider may be found. 


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1 ‘‘(7) APPEAL.— 

2 ‘‘(A) APPEAL TO THE COURT OF RE3 VIEW.—The Government or an electronic com4 munications service provider receiving a direc5 tive issued pursuant to paragraph (1) may file 

6 a petition with the Foreign Intelligence Surveil7 lance Court of Review for review of a decision 

8 issued pursuant to paragraph (4) or (5). The 

9 Court of Review shall have jurisdiction to con10 sider such petition and shall provide a written 

11 statement for the record of the reasons for a 

12 decision under this subparagraph. 

13 ‘‘(B) CERTIORARI TO THE SUPREME

14 COURT.—The Government or an electronic com15 munications service provider receiving a direc16 tive issued pursuant to paragraph (1) may file 

17 a petition for a writ of certiorari for review of 

18 a decision of the Court of Review issued under 

19 subparagraph (A). The record for such review 

20 shall be transmitted under seal to the Supreme 

21 Court of the United States, which shall have ju22 risdiction to review such decision. 

23 ‘‘(8) RULE OF CONSTRUCTION.—Nothing in 

24 this subsection shall be construed to prevent a direc25 tive issued under paragraph (1) from requiring an 


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1 electronic communications service provider to 

2 produce additional records, whether existing or cre3 ated in the future, based on records produced by a 

4 previous directive issued under paragraph (1). 

5 ‘‘(i) JUDICIAL REVIEW OF CERTIFICATIONS AND

6 PROCEDURES.— 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) REVIEW BY THE FOREIGN INTEL9 LIGENCE SURVEILLANCE COURT.—The Foreign 

10 Intelligence Surveillance Court shall have juris11 diction to review a certification submitted in ac12 cordance with subsection (g) and the selection 

13 and civil liberties and privacy protection proce14 dures adopted in accordance with subsections 

15 (d) and (e), and amendments to such certifi16 cation or such procedures. 

17 ‘‘(B) TIME PERIOD FOR REVIEW.—The 

18 Court shall review a certification submitted in 

19 accordance with subsection (g) and the selection 

20 and civil liberties and privacy protection proce21 dures adopted in accordance with subsections 

22 (d) and (e) and shall complete such review and 

23 issue an order under paragraph (3) not later 

24 than 30 days after the date on which such cer25 tification and such procedures are submitted. 


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1 ‘‘(C) AMENDMENTS.—The Attorney Gen2 eral and the Director of National Intelligence 

3 may amend a certification submitted in accord4 ance with subsection (g) or the selection and 

5 civil liberties and privacy protection procedures 

6 adopted in accordance with subsections (d) and 

7 (e) as necessary at any time, including if the 

8 Court is conducting or has completed review of 

9 such certification or such procedures, and shall 

10 submit the amended certification or amended 

11 procedures to the Court not later than 7 days 

12 after amending such certification or such proce13 dures. The Court shall review any amendment 

14 under this subparagraph under the procedures 

15 set forth in this subsection. The Attorney Gen16 eral and the Director of National Intelligence 

17 may authorize the use of an amended certifi18 cation or amended procedures pending the 

19 Court’s review of such amended certification or 

20 amended procedures. 

21 ‘‘(2) REVIEW.—The Court shall review the fol22 lowing: 

23 ‘‘(A) CERTIFICATION.—A certification sub24 mitted in accordance with subsection (g) to deVerDate Mar 15 2010 03:07 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4291.IH H4291

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1 termine whether the certification contains all 

2 the required elements. 

3 ‘‘(B) SELECTION PROCEDURES.—The se4 lection procedures adopted in accordance with 

5 subsection (d) to assess whether the procedures 

6 are reasonably designed to meet the require7 ments of subsection (d). 

8 ‘‘(C) CIVIL LIBERTIES AND PRIVACY PRO9 TECTION PROCEDURES.—The civil liberties and 

10 privacy protection procedures adopted in ac11 cordance with subsection (e) to assess whether 

12 such procedures meet the requirements of sub13 section (e). 

14 ‘‘(3) ORDERS.— 

15 ‘‘(A) APPROVAL.—If the Court finds that 

16 a certification submitted in accordance with 

17 subsection (g) contains all the required ele18 ments and that the selection and civil liberties 

19 and privacy protection procedures adopted in 

20 accordance with subsections (d) and (e) are 

21 consistent with the requirements of those sub22 sections and with the fourth amendment to the 

23 Constitution of the United States, the Court 

24 shall enter an order approving the certification 

25 and the use, or continued use in the case of an 


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1 acquisition authorized pursuant to a determina2 tion under subsection (c)(2), of the procedures 

3 for the acquisition. 

4 ‘‘(B) CORRECTION OF DEFICIENCIES.—If 

5 the Court finds that a certification submitted in 

6 accordance with subsection (g) does not contain 

7 all the required elements, or that the proce8 dures adopted in accordance with subsections 

9 (d) and (e) are not consistent with the require10 ments of those subsections or the fourth 

11 amendment to the Constitution of the United 

12 States, the Court shall issue an order directing 

13 the Government to, at the Government’s elec14 tion and to the extent required by the Court’s 

15 order— 

16 ‘‘(i) correct any deficiency identified 

17 by the Court’s order not later than 30 days 

18 after the date on which the Court issues 

19 the order; or 

20 ‘‘(ii) cease, or not begin, the imple21 mentation of the authorization for which 

22 such certification was submitted. 

23 ‘‘(C) REQUIREMENT FOR WRITTEN STATE24 MENT.—In support of an order under this sub25 section, the Court shall provide, simultaneously 


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1 with the order, for the record a written state2 ment of the reasons for the order. 

3 ‘‘(4) APPEAL.— 

4 ‘‘(A) APPEAL TO THE COURT OF RE5 VIEW.—The Government may file a petition 

6 with the Foreign Intelligence Surveillance Court 

7 of Review for review of an order under this sub8 section. The Court of Review shall have juris9 diction to consider such petition. For any deci10 sion under this subparagraph affirming, revers11 ing, or modifying an order of the Foreign Intel12 ligence Surveillance Court, the Court of Review 

13 shall provide for the record a written statement 

14 of the reasons for the decision. 

15 ‘‘(B) CONTINUATION OF ACQUISITION

16 PENDING REHEARING OR APPEAL.—Any acqui17 sition affected by an order under paragraph 

18 (3)(B) may continue— 

19 ‘‘(i) during the pendency of any re20 hearing of the order by the Court en banc; 

21 and 

22 ‘‘(ii) if the Government files a petition 

23 for review of an order under this section, 

24 until the Court of Review enters an order 

25 under subparagraph (C). 


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1 ‘‘(C) IMPLEMENTATION PENDING AP2 PEAL.—Not later than 60 days after the filing 

3 of a petition for review of an order under para4 graph (3)(B) directing the correction of a defi5 ciency, the Court of Review shall determine, 

6 and enter a corresponding order regarding, 

7 whether all or any part of the correction order, 

8 as issued or modified, shall be implemented 

9 during the pendency of the review. 

10 ‘‘(D) CERTIORARI TO THE SUPREME

11 COURT.—The Government may file a petition 

12 for a writ of certiorari for review of a decision 

13 of the Court of Review issued under subpara14 graph (A). The record for such review shall be 

15 transmitted under seal to the Supreme Court of 

16 the United States, which shall have jurisdiction 

17 to review such decision. 

18 ‘‘(5) SCHEDULE.— 

19 ‘‘(A) REAUTHORIZATION OF AUTHORIZA20 TIONS IN EFFECT.—If the Attorney General 

21 and the Director of National Intelligence seek 

22 to reauthorize or replace an authorization 

23 issued under subsection (a), the Attorney Gen24 eral and the Director of National Intelligence 

25 shall, to the extent practicable, submit to the 


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1 Court the certification prepared in accordance 

2 with subsection (g) and the procedures adopted 

3 in accordance with subsections (d) and (e) at 

4 least 30 days prior to the expiration of such au5 thorization. 

6 ‘‘(B) REAUTHORIZATION OF ORDERS, AU7 THORIZATIONS, AND DIRECTIVES.—If the At8 torney General and the Director of National In9 telligence seek to reauthorize or replace an au10 thorization issued under subsection (a) by filing 

11 a certification pursuant to subparagraph (A), 

12 that authorization, and any directives issued 

13 thereunder and any order related thereto, shall 

14 remain in effect, notwithstanding the expiration 

15 provided for in subsection (a), until the Court 

16 issues an order with respect to such certifi17 cation under paragraph (3) at which time the 

18 provisions of that paragraph and paragraph (4) 

19 shall apply with respect to such certification. 

20 ‘‘(j) JUDICIAL PROCEEDINGS.— 

21 ‘‘(1) EXPEDITED JUDICIAL PROCEEDINGS.—Ju22 dicial proceedings under this section shall be con23 ducted as expeditiously as possible. 

24 ‘‘(2) TIME LIMITS.—A time limit for a judicial 

25 decision in this section shall apply unless the Court, 


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1 the Court of Review, or any judge of either the 

2 Court or the Court of Review, by order for reasons 

3 stated, extends that time as necessary for good 

4 cause in a manner consistent with national security. 

5 ‘‘(k) MAINTENANCE AND SECURITY OF RECORDS

6 AND PROCEEDINGS.— 

7 ‘‘(1) STANDARDS.—The Foreign Intelligence 

8 Surveillance Court shall maintain a record of a pro9 ceeding under this section, including petitions, ap10 peals, orders, and statements of reasons for a deci11 sion, under security measures adopted by the Chief 

12 Justice of the United States, in consultation with 

13 the Attorney General and the Director of National 

14 Intelligence. 

15 ‘‘(2) FILING AND REVIEW.—All petitions under 

16 this section shall be filed under seal. In any pro17 ceedings under this section, the Court shall, upon re18 quest of the Government, review ex parte and in 

19 camera any Government submission, or portions of 

20 a submission, which may include classified informa21 tion. 

22 ‘‘(3) RETENTION OF RECORDS.—The Attorney 

23 General and the Director of National Intelligence 

24 shall retain a directive or an order issued under this 

25 section for a period of not less than 10 years from 


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1 the date on which such directive or such order is 

2 issued. 

3 ‘‘(l) ASSESSMENTS AND REVIEWS.— 

4 ‘‘(1) SEMIANNUAL ASSESSMENT.—Not less fre5 quently than once every 6 months, the Attorney 

6 General and Director of National Intelligence shall 

7 assess compliance with the selection and civil lib8 erties and privacy protection procedures adopted in 

9 accordance with subsections (d) and (e) and the 

10 guidelines adopted in accordance with subsection (f). 

11 The assessment shall also include the aggregate 

12 number of directives issued under subsection (h) 

13 during the relevant time period. The Attorney Gen14 eral and Director of National Intelligence shall sub15 mit each assessment to— 

16 ‘‘(A) the Foreign Intelligence Surveillance 

17 Court; and 

18 ‘‘(B) consistent with the Rules of the 

19 House of Representatives, the Standing Rules 

20 of the Senate, and Senate Resolution 400 of the 

21 94th Congress or any successor Senate resolu22 tion— 

23 ‘‘(i) the congressional intelligence 

24 committees; and 


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1 ‘‘(ii) the Committees on the Judiciary 

2 of the House of Representatives and the 

3 Senate. 

4 ‘‘(2) AGENCY ASSESSMENT.—The Inspector 

5 General of the Department of Justice and the In6 spector General of each element of the intelligence 

7 community authorized to acquire communications 

8 records under subsection (a), with respect to the de9 partment or element of such Inspector General— 

10 ‘‘(A) are authorized to review compliance 

11 with the selection and civil liberties and privacy 

12 protection procedures adopted in accordance 

13 with subsections (d) and (e) and the guidelines 

14 adopted in accordance with subsection (f); 

15 ‘‘(B) shall provide each such review to— 

16 ‘‘(i) the Attorney General; 

17 ‘‘(ii) the Director of National Intel18 ligence; and 

19 ‘‘(iii) consistent with the Rules of the 

20 House of Representatives, the Standing 

21 Rules of the Senate, and Senate Resolution 

22 400 of the 94th Congress or any successor 

23 Senate resolution— 

24 ‘‘(I) the congressional intelligence 

25 committees; and 


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1 ‘‘(II) the Committees on the Ju2 diciary of the House of Representa3 tives and the Senate. 

4 ‘‘(m) DEFINITIONS.—In this section: 

5 ‘‘(1) The terms ‘contents’, ‘wire communica6 tion’, and ‘electronic communication’ have the mean7 ing given such terms in section 2510 of title 18, 

8 United States Code. 

9 ‘‘(2) The term ‘electronic communication serv10 ice provider’ has the meaning given such term in 

11 section 701. 

12 ‘‘(3) The terms ‘foreign power’ and ‘agent of a 

13 foreign power’ have the meanings given such terms 

14 in section 101.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in the first section of the Foreign Intelligence Surveillance 

17 Act of 1978 (50 U.S.C. 1801 note) is amended by insert18 ing after the item relating to section 502 the following 

19 new item: 

‘‘Sec. 503. Procedures for targeted acquisitions of terrorist and foreign agent 

non-content communications records.’’. 

20 (c) CONFORMING AMENDMENT.—Section 802(a)(3) 

21 of the Foreign Intelligence Surveillance Act of 1978 (50 

22 U.S.C. 1885a) is amended by striking ‘‘or 702(h)’’ and 

23 inserting ‘‘503(h), or 702(h)’’. 


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1 SEC. 12. CONTINUOUS EVALUATION AND SHARING OF DE2 ROGATORY INFORMATION REGARDING PER3 SONNEL WITH ACCESS TO CLASSIFIED IN4 FORMATION. 

5 Section 102A(j) of the National Security Act of 1947 

6 (50 U.S.C. 3024(j)) is amended— 

7 (1) in the heading, by striking ‘‘SENSITIVE

8 COMPARTMENTED INFORMATION’’ and inserting 

9 ‘‘CLASSIFIED INFORMATION’’; 

10 (2) in paragraph (3), by striking ‘‘; and’’ and 

11 inserting a semicolon; 

12 (3) in paragraph (4), by striking the period and 

13 inserting a semicolon; and 

14 (4) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(5) ensure that the background of each em17 ployee or officer of an element of the intelligence 

18 community, each contractor to an element of the in19 telligence community, and each individual employee 

20 of such a contractor who has been determined to be 

21 eligible for access to classified information is mon22 itored on a continual basis under standards devel23 oped by the Director, including with respect to the 

24 frequency of evaluation, during the period of eligi25 bility of such employee or officer of an element of 

26 the intelligence community, such contractor, or such 


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1 individual employee to such a contractor to deter2 mine whether such employee or officer of an element 

3 of the intelligence community, such contractor, and 

4 such individual employee of such a contractor con5 tinues to meet the requirements for eligibility for ac6 cess to classified information; and 

7 ‘‘(6) develop procedures to require information 

8 sharing between elements of the intelligence commu9 nity concerning potentially derogatory security infor10 mation regarding an employee or officer of an ele11 ment of the intelligence community, a contractor to 

12 an element of the intelligence community, or an indi13 vidual employee of such a contractor that may im14 pact the eligibility of such employee or officer of an 

15 element of the intelligence community, such con16 tractor, or such individual employee of such a con17 tractor for a security clearance.’’. 

18 SEC. 13. REQUIREMENTS FOR INTELLIGENCE COMMUNITY 

19 CONTRACTORS. 

20 (a) REQUIREMENTS.—Section 102A of the National 

21 Security Act of 1947 (50 U.S.C. 3024) is amended by 

22 adding at the end the following new subsection: 

23 ‘‘(x) REQUIREMENTS FOR INTELLIGENCE COMMU24 NITY CONTRACTORS.—The Director of National Intel25 ligence, in consultation with the head of each department 


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1 of the Federal Government that contains an element of 

2 the intelligence community and the Director of the Central 

3 Intelligence Agency, shall— 

4 ‘‘(1) ensure that— 

5 ‘‘(A) any contractor to an element of the 

6 intelligence community with access to a classi7 fied network or classified information develops 

8 and operates a security plan that is consistent 

9 with standards established by the Director of 

10 National Intelligence for intelligence community 

11 networks; and 

12 ‘‘(B) each contract awarded by an element 

13 of the intelligence community includes provi14 sions requiring the contractor comply with such 

15 plan and such standards; 

16 ‘‘(2) conduct periodic assessments of each secu17 rity plan required under paragraph (1)(A) to ensure 

18 such security plan complies with the requirements of 

19 such paragraph; and 

20 ‘‘(3) ensure that the insider threat detection ca21 pabilities and insider threat policies of the intel22 ligence community apply to facilities of contractors 

23 with access to a classified network.’’. 

24 (b) APPLICABILITY.—The amendment made by sub25 section (a) shall apply with respect to contracts entered 


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1 into or renewed after the date of the enactment of this 

2 Act. 

Æ 


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