II 

Calendar No. 499 

113TH CONGRESS 

2D SESSION S. 2685 

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

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

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

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2014 

Mr. LEAHY (for himself, Mr. LEE, Mr. DURBIN, Mr. HELLER, Mr. FRANKEN, 

Mr. CRUZ, Mr. BLUMENTHAL, Mr. UDALL of New Mexico, Mr. COONS, 

Mr. HEINRICH, Mr. MARKEY, Ms. HIRONO, Ms. KLOBUCHAR, Mr. 

WHITEHOUSE, Mr. SCHUMER, and Mr. SANDERS) introduced the following bill; which was read the first time 

JULY 30, 2014 

Read the second time and placed on the calendar 

A BILL 

To reform the authorities of the Federal Government to 

require the production of certain business records, conduct electronic surveillance, use pen registers and trap 

and trace devices, and use other forms of information 

gathering for foreign intelligence, counterterrorism, and 

criminal purposes, and for other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Uniting and Strengthening America by Fulfilling Rights 

6 and Ensuring Effective Discipline Over Monitoring Act of 

7 2014’’ or the ‘‘USA FREEDOM Act of 2014’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

TITLE I—FISA BUSINESS RECORDS REFORMS 

Sec. 101. Additional requirements for call detail records. 

Sec. 102. Emergency authority. 

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

Sec. 104. Judicial review. 

Sec. 105. Liability protection. 

Sec. 106. Compensation for assistance. 

Sec. 107. Definitions. 

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

Sec. 109. Effective date. 

Sec. 110. 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—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE 

THE UNITED STATES REFORMS 

Sec. 301. Limits on use of unlawfully obtained information. 

TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT 

REFORMS 

Sec. 401. Appointment of amicus curiae. 

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

TITLE V—NATIONAL SECURITY LETTER REFORM 

Sec. 501. Prohibition on bulk collection. 

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

Sec. 503. Judicial review. 


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TITLE VI—FISA TRANSPARENCY AND REPORTING 

REQUIREMENTS 

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

records; business records compliance reports to Congress. 

Sec. 602. Annual reports by the Government. 

Sec. 603. Public reporting by persons subject to FISA orders. 

Sec. 604. Reporting requirements for decisions, orders, and opinions of the 

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

Sec. 605. Submission of reports under FISA. 

TITLE VII—SUNSETS 

Sec. 701. Sunsets. 

1 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

2 SURVEILLANCE ACT OF 1978. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

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

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

7 a section or other provision of the Foreign Intelligence 

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

9 TITLE I—FISA BUSINESS 

10 RECORDS REFORMS 

11 SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 

12 RECORDS. 

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

14 1861(b)(2)) is amended— 

15 (1) in subparagraph (A)— 

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

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

18 case of an application other than an application 

19 described in subparagraph (C) (including an apVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 plication for the production of call detail 

2 records other than in the manner described in 

3 subparagraph (C)), a statement’’; and 

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

5 inserting a semicolon; 

6 (2) by redesignating subparagraphs (A) and 

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

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

9 redesignated) the following new subparagraph: 

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

11 production on a daily basis of call detail records 

12 created before, on, or after the date of the ap13 plication relating to an authorized investigation 

14 (other than a threat assessment) conducted in 

15 accordance with subsection (a)(2) to protect 

16 against international terrorism, a statement of 

17 facts showing that— 

18 ‘‘(i) there are reasonable grounds to 

19 believe that the call detail records sought 

20 to be produced based on the specific selec21 tion term required under subparagraph (A) 

22 are relevant to such investigation; and 

23 ‘‘(ii) there is a reasonable, articulable 

24 suspicion that such specific selection term 

25 is associated with a foreign power engaged 


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1 in international terrorism or activities in 

2 preparation therefor, or an agent of a for3 eign power engaged in international ter4 rorism or activities in preparation therefor; 

5 and’’. 

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

7 1861(c)(2)) is amended— 

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

9 and inserting a semicolon; 

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

11 and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(F) in the case of an application de15 scribed in subsection (b)(2)(C), shall— 

16 ‘‘(i) authorize the production on a 

17 daily basis of call detail records for a pe18 riod not to exceed 180 days; 

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

20 production may be extended upon applica21 tion under subsection (b) and the judicial 

22 finding under paragraph (1) of this sub23 section; 


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1 ‘‘(iii) provide that the Government 

2 may require the prompt production of call 

3 detail records— 

4 ‘‘(I) using the specific selection 

5 term that satisfies the standard re6 quired under subsection (b)(2)(C)(ii) 

7 as the basis for production; and 

8 ‘‘(II) using call detail records 

9 with a direct connection to such spe10 cific selection term as the basis for 

11 production of a second set of call de12 tail records; 

13 ‘‘(iv) provide that, when produced, 

14 such records be in a form that will be use15 ful to the Government; 

16 ‘‘(v) direct each person the Govern17 ment directs to produce call detail records 

18 under the order to furnish the Government 

19 forthwith all information, facilities, or 

20 technical assistance necessary to accom21 plish the production in such a manner as 

22 will protect the secrecy of the production 

23 and produce a minimum of interference 

24 with the services that such person is proVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 viding to each subject of the production; 

2 and 

3 ‘‘(vi) direct the Government to— 

4 ‘‘(I) adopt minimization proce5 dures that require the prompt de6 struction of all call detail records pro7 duced under the order that the Gov8 ernment determines are not foreign 

9 intelligence information; and 

10 ‘‘(II) destroy all call detail 

11 records produced under the order as 

12 prescribed by such procedures.’’. 

13 SEC. 102. EMERGENCY AUTHORITY. 

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

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF

18 TANGIBLE THINGS.— 

19 ‘‘(1) Notwithstanding any other provision of 

20 this section, the Attorney General may require the 

21 emergency production of tangible things if the Attor22 ney General— 

23 ‘‘(A) reasonably determines that an emer24 gency situation requires the production of tanVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 gible things before an order authorizing such 

2 production can with due diligence be obtained; 

3 ‘‘(B) reasonably determines that the fac4 tual basis for the issuance of an order under 

5 this section to approve such production of tan6 gible things exists; 

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

8 a designee, a judge having jurisdiction under 

9 this section at the time the Attorney General 

10 requires the emergency production of tangible 

11 things that the decision has been made to em12 ploy the authority under this subsection; and 

13 ‘‘(D) makes an application in accordance 

14 with this section to a judge having jurisdiction 

15 under this section as soon as practicable, but 

16 not later than 7 days after the Attorney Gen17 eral requires the emergency production of tan18 gible things under this subsection. 

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

20 emergency production of tangible things under para21 graph (1), the Attorney General shall require that 

22 the minimization procedures required by this section 

23 for the issuance of a judicial order be followed. 

24 ‘‘(3) In the absence of a judicial order approv25 ing the production of tangible things under this subVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 section, the production shall terminate when the in2 formation sought is obtained, when the application 

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

4 days from the time the Attorney General begins re5 quiring the emergency production of such tangible 

6 things, whichever is earliest. 

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

8 this subsection may be reviewed as provided in sec9 tion 103. 

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

11 or in any other case where the production of tangible 

12 things is terminated and no order is issued approv13 ing the production, no information obtained or evi14 dence derived from such production shall be received 

15 in evidence or otherwise disclosed in any trial, hear16 ing, or other proceeding in or before any court, 

17 grand jury, department, office, agency, regulatory 

18 body, legislative committee, or other authority of the 

19 United States, a State, or a political subdivision 

20 thereof, and no information concerning any United 

21 States person acquired from such production shall 

22 subsequently be used or disclosed in any other man23 ner by Federal officers or employees without the 

24 consent of such person, except with the approval of 

25 the Attorney General if the information indicates a 


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1 threat of death or serious bodily harm to any per2 son. 

3 ‘‘(6) The Attorney General shall assess compli4 ance with the requirements of paragraph (5).’’. 

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

6 U.S.C. 1861(d)) is amended— 

7 (1) in paragraph (1)— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘pursuant to an order’’ and in10 serting ‘‘pursuant to an order issued or an 

11 emergency production required’’; 

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

13 order’’ and inserting ‘‘such order or such emer14 gency production’’; and 

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

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

18 (2) in paragraph (2)— 

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

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

21 production’’; and 

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

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

24 production’’. 


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1 SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN2 GIBLE THINGS. 

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

4 1861(b)(2)), as amended by section 101(a) of this Act, 

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

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

7 following new subparagraph: 

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

9 the basis for the production of the tangible 

10 things sought;’’. 

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

12 amended— 

13 (1) in paragraph (2)(A), by striking the semi14 colon and inserting ‘‘, including each specific selec15 tion term to be used as the basis for the produc16 tion;’’; and 

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

18 paragraph: 

19 ‘‘(3) No order issued under this subsection may au20 thorize the collection of tangible things without the use 

21 of a specific selection term that meets the requirements 

22 of subsection (b)(2).’’. 

23 (c) MINIMIZATION PROCEDURES.—Section 501(g)(2) 

24 (50 U.S.C. 1861(g)(2)) is amended— 

25 (1) in subparagraph (B), by striking ‘‘and’’ at 

26 the end; 


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1 (2) by redesignating subparagraph (C) as sub2 paragraph (D); 

3 (3) by inserting after subparagraph (B) the fol4 lowing: 

5 ‘‘(C) for orders in which the specific selec6 tion term does not specifically identify an indi7 vidual, account, or personal device, procedures 

8 that prohibit the dissemination, and require the 

9 destruction within a reasonable time period 

10 (which time period shall be specified in the 

11 order), of any tangible thing or information 

12 therein that has not been determined to relate 

13 to a person who is— 

14 ‘‘(i) a subject of an authorized inves15 tigation; 

16 ‘‘(ii) a foreign power or a suspected 

17 agent of a foreign power; 

18 ‘‘(iii) reasonably likely to have infor19 mation about the activities of— 

20 ‘‘(I) a subject of an authorized 

21 investigation; or 

22 ‘‘(II) a suspected agent of a for23 eign power who is associated with a 

24 subject of an authorized investigation; 

25 or 


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1 ‘‘(iv) in contact with or known to— 

2 ‘‘(I) a subject of an authorized 

3 investigation; or 

4 ‘‘(II) a suspected agent of a for5 eign power who is associated with a 

6 subject of an authorized investigation, 

7 unless the tangible thing or information therein 

8 indicates a threat of death or serious bodily 

9 harm to any person or is disseminated to an10 other element of the intelligence community for 

11 the sole purpose of determining whether the 

12 tangible thing or information therein relates to 

13 a person who is described in clause (i), (ii), (iii), 

14 or (iv); and’’; and 

15 (4) in subparagraph (D), as so redesignated, by 

16 striking ‘‘(A) and (B)’’ and inserting ‘‘(A), (B), and 

17 (C)’’. 

18 SEC. 104. JUDICIAL REVIEW. 

19 (a) MINIMIZATION PROCEDURES.— 

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

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

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

23 the minimization procedures submitted in accord24 ance with subsection (b)(2)(D) meet the definition of 

25 minimization procedures under subsection (g)’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) is 

3 amended— 

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

5 after the date of the enactment of the USA PA6 TRIOT Improvement and Reauthorization Act 

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

8 (B) by inserting after ‘‘adopt’’ the fol9 lowing: ‘‘, and update as appropriate,’’. 

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

11 1861(f)(2)) is amended— 

12 (1) in subparagraph (A)(i)— 

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

14 ‘‘the production order or any nondisclosure 

15 order imposed in connection with the produc16 tion order’’; and 

17 (B) by striking the second sentence; and 

18 (2) in subparagraph (C)— 

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

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

21 (ii). 

22 SEC. 105. LIABILITY PROTECTION. 

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

24 read as follows: 


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

2 against a person who— 

3 ‘‘(A) produces tangible things or provides infor4 mation, facilities, or technical assistance in accord5 ance with an order issued or an emergency produc6 tion required under this section; or 

7 ‘‘(B) otherwise provides technical assistance to 

8 the Government under this section or to implement 

9 the amendments made to this section by the USA 

10 FREEDOM Act of 2014. 

11 ‘‘(2) A production or provision of information, facili12 ties, or technical assistance described in paragraph (1) 

13 shall not be deemed to constitute a waiver of any privilege 

14 in any other proceeding or context.’’. 

15 SEC. 106. COMPENSATION FOR ASSISTANCE. 

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

17 102 of this Act, is further amended by adding at the end 

18 the following new subsection: 

19 ‘‘(j) COMPENSATION.—The Government shall com20 pensate a person for reasonable expenses incurred for— 

21 ‘‘(1) producing tangible things or providing in22 formation, facilities, or assistance in accordance with 

23 an order issued with respect to an application de24 scribed in subsection (b)(2)(C) or an emergency pro25 duction under subsection (i) that, to comply with 


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1 subsection (i)(1)(D), requires an application de2 scribed in subsection (b)(2)(C); or 

3 ‘‘(2) otherwise providing technical assistance to 

4 the Government under this section or to implement 

5 the amendments made to this section by the USA 

6 FREEDOM Act of 2014.’’. 

7 SEC. 107. DEFINITIONS. 

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

9 106 of this Act, is further amended by adding at the end 

10 the following new subsection: 

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

12 ‘‘(1) ADDRESS.—The term ‘address’ means a 

13 physical address or electronic address, such as an 

14 electronic mail address, temporarily assigned net15 work address, or Internet protocol address. 

16 ‘‘(2) CALL DETAIL RECORD.—The term ‘call de17 tail record’— 

18 ‘‘(A) means session identifying information 

19 (including an originating or terminating tele20 phone number, an International Mobile Sub21 scriber Identity number, or an International 

22 Mobile Station Equipment Identity number), a 

23 telephone calling card number, or the time or 

24 duration of a call; and 

25 ‘‘(B) does not include— 


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1 ‘‘(i) the contents (as defined in section 

2 2510(8) of title 18, United States Code) of 

3 any communication; 

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

5 information of a subscriber or customer; or 

6 ‘‘(iii) cell site location information. 

7 ‘‘(3) SPECIFIC SELECTION TERM.— 

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

9 subparagraph (B), the term ‘specific selection 

10 term’— 

11 ‘‘(i) means a term that specifically 

12 identifies a person, account, address, or 

13 personal device, or another specific identi14 fier, that is used by the Government to 

15 narrowly limit the scope of tangible things 

16 sought to the greatest extent reasonably 

17 practicable, consistent with the purpose for 

18 seeking the tangible things; and 

19 ‘‘(ii) does not include a term that does 

20 not narrowly limit the scope of the tangible 

21 things sought to the greatest extent rea22 sonably practicable, consistent with the 

23 purpose for seeking the tangible things, 

24 such as— 


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1 ‘‘(I) a term based on a broad ge2 ographic region, including a city, 

3 State, zip code, or area code, when 

4 not used as part of a specific identi5 fier as described in clause (i); or 

6 ‘‘(II) a term identifying an elec7 tronic communication service provider 

8 (as that term is defined in section 

9 701) or a provider of remote com10 puting service (as that term is defined 

11 in section 2711 of title 18, United 

12 States Code), when not used as part 

13 of a specific identifier as described in 

14 clause (i), unless the provider is itself 

15 a subject of an authorized investiga16 tion for which the specific selection 

17 term is used as the basis of produc18 tion. 

19 ‘‘(B) CALL DETAIL RECORD APPLICA20 TIONS.—For purposes of an application sub21 mitted under subsection (b)(2)(C), the term 

22 ‘specific selection term’ means a term that spe23 cifically identifies an individual, account, or per24 sonal device.’’. 


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1 SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 

2 RECORDS ORDERS. 

3 Section 106A of the USA PATRIOT Improvement 

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

5 120 Stat. 200) is amended— 

6 (1) in subsection (b)— 

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

8 calendar years 2012 through 2014’’ after 

9 ‘‘2006’’; 

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

11 (C) by redesignating paragraphs (4) and 

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

13 (D) in paragraph (3) (as so redesig14 nated)— 

15 (i) by striking subparagraph (C) and 

16 inserting the following new subparagraph: 

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

18 through 2014, an examination of the minimiza19 tion procedures used in relation to orders under 

20 section 501 of the Foreign Intelligence Surveil21 lance Act of 1978 (50 U.S.C. 1861) and wheth22 er the minimization procedures adequately pro23 tect the constitutional rights of United States 

24 persons;’’; and 

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

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


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1 the National Security Act of 1947 (50 

2 U.S.C. 401a(4)))’’; 

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

4 following new paragraph: 

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

6 Not later than December 31, 2015, the Inspector 

7 General of the Department of Justice shall submit 

8 to the Committee on the Judiciary and the Select 

9 Committee on Intelligence of the Senate and the 

10 Committee on the Judiciary and the Permanent Se11 lect Committee on Intelligence of the House of Rep12 resentatives a report containing the results of the 

13 audit conducted under subsection (a) for calendar 

14 years 2012 through 2014.’’; 

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

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

17 (4) by inserting after subsection (c) the fol18 lowing new subsection: 

19 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

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

21 on January 1, 2012, and ending on December 31, 

22 2014, the Inspector General of the Intelligence Com23 munity shall assess— 

24 ‘‘(A) the importance of the information ac25 quired under title V of the Foreign Intelligence 


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

2 seq.) to the activities of the intelligence commu3 nity; 

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

5 was collected, retained, analyzed, and dissemi6 nated by the intelligence community; 

7 ‘‘(C) the minimization procedures used by 

8 elements of the intelligence community under 

9 such title and whether the minimization proce10 dures adequately protect the constitutional 

11 rights of United States persons; and 

12 ‘‘(D) any minimization procedures pro13 posed by an element of the intelligence commu14 nity under such title that were modified or de15 nied by the court established under section 

16 103(a) of such Act (50 U.S.C. 1803(a)). 

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

18 Not later than 180 days after the date on which the 

19 Inspector General of the Department of Justice sub20 mits the report required under subsection (c)(3), the 

21 Inspector General of the Intelligence Community 

22 shall submit to the Committee on the Judiciary and 

23 the Select Committee on Intelligence of the Senate 

24 and the Committee on the Judiciary and the Perma25 nent Select Committee on Intelligence of the House 


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1 of Representatives a report containing the results of 

2 the assessment for calendar years 2012 through 

3 2014.’’; 

4 (5) in subsection (e), as redesignated by para5 graph (3)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘a report under sub8 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

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

10 (ii) by striking ‘‘Inspector General of 

11 the Department of Justice’’ and inserting 

12 ‘‘Inspector General of the Department of 

13 Justice, the Inspector General of the Intel14 ligence Community, and any Inspector 

15 General of an element of the intelligence 

16 community that prepares a report to assist 

17 the Inspector General of the Department 

18 of Justice or the Inspector General of the 

19 Intelligence Community in complying with 

20 the requirements of this section’’; and 

21 (B) in paragraph (2), by striking ‘‘the re22 ports submitted under subsections (c)(1) and 

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

24 under subsection (c) or (d)’’; 


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1 (6) in subsection (f), as redesignated by para2 graph (3)— 

3 (A) by striking ‘‘The reports submitted 

4 under subsections (c)(1) and (c)(2)’’ and insert5 ing ‘‘Each report submitted under subsection 

6 (c)’’; and 

7 (B) by striking ‘‘subsection (d)(2)’’ and in8 serting ‘‘subsection (e)(2)’’; and 

9 (7) by adding at the end the following new sub10 section: 

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

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

13 ‘intelligence community’ has the meaning given that 

14 term in section 3 of the National Security Act of 

15 1947 (50 U.S.C. 3003). 

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

17 ‘United States person’ has the meaning given that 

18 term in section 101 of the Foreign Intelligence Sur19 veillance Act of 1978 (50 U.S.C. 1801).’’. 

20 SEC. 109. EFFECTIVE DATE. 

21 (a) IN GENERAL.—The amendments made by sec22 tions 101 through 103 shall take effect on the date that 

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

24 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

25 shall be construed to alter or eliminate the authority of 


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1 the Government to obtain an order under title V of the 

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

3 1861 et seq.) as in effect prior to the effective date de4 scribed in subsection (a) during the period ending on such 

5 effective date. 

6 SEC. 110. RULE OF CONSTRUCTION. 

7 Nothing in this Act shall be construed to authorize 

8 the production of the contents (as such term is defined 

9 in section 2510(8) of title 18, United States Code) of any 

10 electronic communication from an electronic communica11 tion service provider (as such term is defined in section 

12 701(b)(4) of the Foreign Intelligence Surveillance Act of 

13 1978 (50 U.S.C. 1881(b)(4)) under title V of the Foreign 

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

15 seq.). 

16 TITLE II—FISA PEN REGISTER 

17 AND TRAP AND TRACE DE18 VICE REFORM 

19 SEC. 201. PROHIBITION ON BULK COLLECTION. 

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

21 1842(c)) is amended— 

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

23 inserting a semicolon; 

24 (2) in paragraph (2)— 


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1 (A) by striking ‘‘a certification by the ap2 plicant’’ and inserting ‘‘a statement of the facts 

3 and circumstances relied upon by the applicant 

4 to justify the belief of the applicant’’; and 

5 (B) by striking the period and inserting ‘‘; 

6 and’’; and 

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

8 paragraph: 

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

10 basis for the installation or use of the pen register 

11 or trap and trace device.’’. 

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

13 amended by adding at the end the following new para14 graph: 

15 ‘‘(4)(A) The term ‘specific selection term’— 

16 ‘‘(i) means a term that specifically identi17 fies a person, account, address, or personal de18 vice, or another specific identifier, that is used 

19 by the Government to narrowly limit the scope 

20 of information sought to the greatest extent 

21 reasonably practicable, consistent with the pur22 pose for the installation or use of the pen reg23 ister or trap and trace device; and 

24 ‘‘(ii) does not include a term that does not 

25 narrowly limit the scope of information sought 


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1 to the greatest extent reasonably practicable, 

2 consistent with the purpose for the installation 

3 or use of the pen register or trap and trace de4 vice, such as— 

5 ‘‘(I) a term based on a broad geo6 graphic region, including a city, State, zip 

7 code, or area code, when not used as part 

8 of a specific identifier as described in 

9 clause (i); or 

10 ‘‘(II) a term identifying an electronic 

11 communication service provider (as defined 

12 in section 701) or a provider of remote 

13 computing service (as that term is defined 

14 in section 2711 of title 18, United States 

15 Code), when not used as part of a specific 

16 identifier as described in clause (i), unless 

17 the provider is itself a subject of an au18 thorized investigation for which the specific 

19 selection term is used as the basis for the 

20 installation or use of the pen register or 

21 trap and trace device. 

22 ‘‘(B) For purposes of subparagraph (A), the 

23 term ‘address’ means a physical address or elec24 tronic address, such as an electronic mail address, 


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1 temporarily assigned network address, or Internet 

2 protocol address.’’. 

3 SEC. 202. PRIVACY PROCEDURES. 

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

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(h) PRIVACY PROCEDURES.— 

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

9 ensure that appropriate policies and procedures are 

10 in place to safeguard nonpublicly available informa11 tion concerning United States persons that is col12 lected through the use of a pen register or trap and 

13 trace device installed under this section. Such poli14 cies and procedures shall, to the maximum extent 

15 practicable and consistent with the need to protect 

16 national security, include privacy protections that 

17 apply to the collection, retention, and use of infor18 mation concerning United States persons. 

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

20 this subsection shall be construed to limit the au21 thority of the court established under section 103(a) 

22 or of the Attorney General to impose additional pri23 vacy or minimization procedures with regard to the 

24 installation or use of a pen register or trap and 

25 trace device. 


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1 ‘‘(3) COMPLIANCE ASSESSMENT.—At or before 

2 the end of the period of time for which the installa3 tion and use of a pen register or trap and trace de4 vice is approved under an order or an extension 

5 under this section, the judge may assess compliance 

6 with the privacy procedures required by this sub7 section by reviewing the circumstances under which 

8 information concerning United States persons was 

9 collected, retained, or disseminated.’’. 

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

11 U.S.C. 1843) is amended by adding at the end the fol12 lowing new subsection: 

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

14 through the use of a pen register or trap and trace device 

15 installed under this section shall be subject to the policies 

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

17 TITLE III—FISA ACQUISITIONS 

18 TARGETING PERSONS OUT19 SIDE THE UNITED STATES RE20 FORMS 

21 SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED IN22 FORMATION. 

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

24 by adding at the end the following new subparagraph: 


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1 ‘‘(D) LIMITATION ON USE OF INFORMA2 TION.— 

3 ‘‘(i) IN GENERAL.—Except as pro4 vided in clause (ii), if the Court orders a 

5 correction of a deficiency in a certification 

6 or procedures under subparagraph (B), no 

7 information obtained or evidence derived 

8 pursuant to the part of the certification or 

9 procedures that has been identified by the 

10 Court as deficient concerning any United 

11 States person shall be received in evidence 

12 or otherwise disclosed in any trial, hearing, 

13 or other proceeding in or before any court, 

14 grand jury, department, office, agency, 

15 regulatory body, legislative committee, or 

16 other authority of the United States, a 

17 State, or political subdivision thereof, and 

18 no information concerning any United 

19 States person acquired pursuant to such 

20 part of such certification or procedures 

21 shall subsequently be used or disclosed in 

22 any other manner by Federal officers or 

23 employees without the consent of the 

24 United States person, except with the ap25 proval of the Attorney General if the inforVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 mation indicates a threat of death or seri2 ous bodily harm to any person. 

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

4 corrects any deficiency identified by the 

5 order of the Court under subparagraph 

6 (B), the Court may permit the use or dis7 closure of information obtained before the 

8 date of the correction under such mini9 mization procedures as the Court shall es10 tablish for purposes of this clause.’’. 

11 TITLE IV—FOREIGN INTEL12 LIGENCE SURVEILLANCE 

13 COURT REFORMS 

14 SEC. 401. APPOINTMENT OF AMICUS CURIAE. 

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

16 at the end the following new subsection: 

17 ‘‘(i) AMICUS CURIAE.— 

18 ‘‘(1) APPOINTMENT OF SPECIAL ADVOCATES.— 

19 In consultation with the Privacy and Civil Liberties 

20 Oversight Board, the presiding judges of the courts 

21 established under subsections (a) and (b) shall, not 

22 later than 180 days after the enactment of this sub23 section, jointly appoint not fewer than 5 attorneys to 

24 serve as special advocates, who shall serve pursuant 

25 to rules the presiding judges may establish. Such inVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 dividuals shall be persons who possess expertise in 

2 privacy and civil liberties, intelligence collection, tele3 communications, or any other relevant area of exper4 tise and who are determined to be eligible for access 

5 to classified information necessary to participate in 

6 matters before the courts. 

7 ‘‘(2) AUTHORIZATION.—A court established 

8 under subsection (a) or (b), consistent with the re9 quirement of subsection (c) and any other statutory 

10 requirement that the court act expeditiously or with11 in a stated time— 

12 ‘‘(A) shall designate a special advocate to 

13 serve as amicus curiae to assist such court in 

14 the consideration of any certification pursuant 

15 to subsection (j) or any application for an order 

16 or review that, in the opinion of the court, pre17 sents a novel or significant interpretation of the 

18 law, unless the court issues a written finding 

19 that such appointment is not appropriate; and 

20 ‘‘(B) may designate or allow an individual 

21 or organization to serve as amicus curiae or to 

22 provide technical expertise in any other instance 

23 as such court deems appropriate. 

24 ‘‘(3) RULE OF CONSTRUCTION.—An application 

25 for an order or review shall be considered to present 


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1 a novel or significant interpretation of the law if 

2 such application involves application of settled law to 

3 novel technologies or circumstances, or any other 

4 novel or significant construction or interpretation of 

5 any provision of law or of the Constitution of the 

6 United States, including any novel and significant 

7 interpretation of the term ‘specific selection term’. 

8 ‘‘(4) DUTIES.— 

9 ‘‘(A) IN GENERAL.—If a court established 

10 under subsection (a) or (b) designates a special 

11 advocate to participate as an amicus curiae in 

12 a proceeding, the special advocate— 

13 ‘‘(i) shall advocate, as appropriate, in 

14 support of legal interpretations that ad15 vance individual privacy and civil liberties; 

16 ‘‘(ii) shall have access to all relevant 

17 legal precedent, and any application, cer18 tification, petition, motion, or such other 

19 materials as are relevant to the duties of 

20 the special advocate; 

21 ‘‘(iii) may consult with any other spe22 cial advocates regarding information rel23 evant to any assigned case, including shar24 ing relevant materials; and 


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1 ‘‘(iv) may request that the court ap2 point technical and subject matter experts, 

3 not employed by the Government, to be 

4 available to assist the special advocate in 

5 performing the duties of the special advo6 cate. 

7 ‘‘(B) BRIEFINGS OR ACCESS TO MATE8 RIALS.—The Attorney General shall periodically 

9 brief or provide relevant materials to special ad10 vocates regarding constructions and interpreta11 tions of this Act and legal, technological and 

12 other issues related to actions authorized by 

13 this Act. 

14 ‘‘(C) ACCESS TO CLASSIFIED INFORMA15 TION.— 

16 ‘‘(i) IN GENERAL.—A special advo17 cate, experts appointed to assist a special 

18 advocate, or any other amicus or technical 

19 expert appointed by the court may have ac20 cess to classified documents, information, 

21 and other materials or proceedings only if 

22 that individual is eligible for access to clas23 sified information and to the extent con24 sistent with the national security of the 

25 United States. 


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1 ‘‘(ii) RULE OF CONSTRUCTION.— 

2 Nothing in this section shall be construed 

3 to require the Government to provide infor4 mation to a special advocate, other amicus, 

5 or technical expert that is privileged from 

6 disclosure. 

7 ‘‘(5) NOTIFICATION.—The presiding judges of 

8 the courts established under subsections (a) and (b) 

9 shall notify the Attorney General of each exercise of 

10 the authority to appoint an individual to serve as 

11 amicus curiae under paragraph (1). 

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

13 subsection (a) or (b) may request and receive (in14 cluding on a non-reimbursable basis) the assistance 

15 of the executive branch in the implementation of this 

16 subsection. 

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

18 under subsection (a) or (b) may provide for the des19 ignation, appointment, removal, training, or other 

20 support for an individual appointed to serve as a 

21 special advocate under paragraph (1) in a manner 

22 that is not inconsistent with this subsection. 

23 ‘‘(j) REVIEW OF FISA COURT DECISIONS.—After 

24 issuing an order, a court established under subsection (a) 

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1 section (b) any question of law that the court determines 

2 warrants such review because of a need for uniformity or 

3 because consideration by the court established under sub4 section (b) would serve the interests of justice. Upon cer5 tification of a question of law under this paragraph, the 

6 court established under subsection (b) may give binding 

7 instructions or require the entire record to be sent up for 

8 decision of the entire matter in controversy. 

9 ‘‘(k) REVIEW OF FISA COURT OF REVIEW DECI10 SIONS.— 

11 ‘‘(1) CERTIFICATION.—For any decision issued 

12 by the court of review established under subsection 

13 (b) approving, in whole or in part, an application by 

14 the Government under this Act, such court may cer15 tify at any time, including after a decision, a ques16 tion of law to be reviewed by the Supreme Court of 

17 the United States. 

18 ‘‘(2) SPECIAL ADVOCATE BRIEFING.—Upon cer19 tification of an application under paragraph (1), the 

20 court of review established under subsection (b) may 

21 designate a special advocate to provide briefing as 

22 prescribed by the Supreme Court. 

23 ‘‘(3) REVIEW.—The Supreme Court may review 

24 any question of law certified under paragraph (1) by 

25 the court of review established under subsection (b) 


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1 in the same manner as the Supreme Court reviews 

2 questions certified under section 1254(2) of title 28, 

3 United States Code. 

4 ‘‘(l) PAYMENT FOR SERVICE AS SPECIAL ADVO5 CATE.—A special advocate designated in a proceeding pur6 suant to subsection (i)(2)(A) of this section may seek, at 

7 the conclusion of the proceeding in which the special advo8 cate was designated, compensation for services provided 

9 pursuant to the designation. A special advocate seeking 

10 compensation shall be compensated in an amount reflect11 ing fair compensation for the services provided, as deter12 mined by the court designating the special advocate and 

13 approved by the presiding judges of the courts established 

14 under subsections (a) and (b). 

15 ‘‘(m) APPROPRIATIONS.—There are authorized to be 

16 appropriated to the United States courts such sums as 

17 may be necessary to carry out the provisions of this sec18 tion. When so specified in appropriation acts, such appro19 priations shall remain available until expended. Payments 

20 from such appropriations shall be made under the super21 vision of the Director of the Administrative Office of the 

22 United States Courts.’’. 


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

2 OPINIONS. 

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

4 et seq.) is amended— 

5 (1) in the heading, by striking ‘‘REPORT6 ING REQUIREMENT’’ and inserting ‘‘OVER7 SIGHT’’; and 

8 (2) by adding at the end the following new sec9 tion: 

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

11 ORDERS, AND OPINIONS. 

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

13 subsection (b), the Director of National Intelligence, in 

14 consultation with the Attorney General, shall conduct a 

15 declassification review of each decision, order, or opinion 

16 issued by the Foreign Intelligence Surveillance Court or 

17 the Foreign Intelligence Surveillance Court of Review (as 

18 defined in section 601(e)) that includes a significant con19 struction or interpretation of law, including any novel or 

20 significant construction or interpretation of the term ‘spe21 cific selection term’, and, consistent with that review, 

22 make publicly available to the greatest extent practicable 

23 each such decision, order, or opinion. 

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

25 Intelligence, in consultation with the Attorney General, 

26 may satisfy the requirement under subsection (a) to make 


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1 a decision, order, or opinion described in such subsection 

2 publicly available to the greatest extent practicable by 

3 making such decision, order, or opinion publicly available 

4 in redacted form. 

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

6 National Intelligence, in consultation with the Attorney 

7 General, may waive the requirement to declassify and 

8 make publicly available a particular decision, order, or 

9 opinion under subsection (a) if— 

10 ‘‘(1) the Director of National Intelligence, in 

11 consultation with the Attorney General, determines 

12 that a waiver of such requirement is necessary to 

13 protect the national security of the United States or 

14 properly classified intelligence sources or methods; 

15 and 

16 ‘‘(2) the Director of National Intelligence 

17 makes publicly available an unclassified statement 

18 prepared by the Attorney General, in consultation 

19 with the Director of National Intelligence— 

20 ‘‘(A) summarizing the significant construc21 tion or interpretation of law, which shall in22 clude, to the extent consistent with national se23 curity, each legal question addressed by the de24 cision and how such question was resolved, in 

25 general terms the context in which the matter 


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1 arises, and a description of the construction or 

2 interpretation of any statute, constitutional pro3 vision, or other legal authority relied on by the 

4 decision; and 

5 ‘‘(B) that specifies that the statement has 

6 been prepared by the Attorney General and 

7 constitutes no part of the opinion of the For8 eign Intelligence Surveillance Court or the For9 eign Intelligence Surveillance Court of Re10 view.’’. 

11 (b) TABLE OF CONTENTS AMENDMENTS.—The table 

12 of contents in the first section is amended— 

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

14 inserting the following new item: 

‘‘TITLE VI—OVERSIGHT’’; 

15 and 

16 (2) by inserting after the item relating to sec17 tion 601 the following new item: 

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

18 TITLE V—NATIONAL SECURITY 

19 LETTER REFORM 

20 SEC. 501. PROHIBITION ON BULK COLLECTION. 

21 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

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

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

24 preceding paragraph (1) by striking ‘‘may’’ and inserting 


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1 ‘‘may, using a term that specifically identifies a person, 

2 entity, telephone number, or account as the basis for a 

3 request’’. 

4 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

5 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

6 1114(a)(2) of the Right to Financial Privacy Act of 1978 

7 (12 U.S.C. 3414(a)(2)) is amended by striking the period 

8 and inserting ‘‘and a term that specifically identifies a cus9 tomer, entity, or account to be used as the basis for the 

10 production and disclosure of financial records.’’. 

11 (c) DISCLOSURES TO FBI OF CERTAIN CONSUMER

12 RECORDS FOR COUNTERINTELLIGENCE PURPOSES.—Sec13 tion 626 of the Fair Credit Reporting Act (15 U.S.C. 

14 1681u) is amended— 

15 (1) in subsection (a), by striking ‘‘that informa16 tion,’’ and inserting ‘‘that information that includes 

17 a term that specifically identifies a consumer or ac18 count to be used as the basis for the production of 

19 that information,’’; 

20 (2) in subsection (b), by striking ‘‘written re21 quest,’’ and inserting ‘‘written request that includes 

22 a term that specifically identifies a consumer or ac23 count to be used as the basis for the production of 

24 that information,’’; and 


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

2 include a term that specifically identifies a consumer 

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

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

5 (d) DISCLOSURES TO GOVERNMENTAL AGENCIES

6 FOR COUNTERTERRORISM PURPOSES OF CONSUMER RE7 PORTS.—Section 627(a) of the Fair Credit Reporting Act 

8 (15 U.S.C. 1681v(a)) is amended by striking ‘‘analysis.’’ 

9 and inserting ‘‘analysis and that includes a term that spe10 cifically identifies a consumer or account to be used as 

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

12 SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SE13 CURITY LETTERS. 

14 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

15 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

16 title 18, United States Code, is amended by striking sub17 section (c) and inserting the following new subsection: 

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

19 ‘‘(1) PROHIBITION.— 

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

21 issued under subparagraph (B) and notice of 

22 the right to judicial review under subsection (d) 

23 is provided, no wire or electronic communica24 tion service provider that receives a request 

25 under subsection (b), or officer, employee, or 


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1 agent thereof, shall disclose to any person that 

2 the Federal Bureau of Investigation has sought 

3 or obtained access to information or records 

4 under this section. 

5 ‘‘(B) CERTIFICATION.—The requirements 

6 of subparagraph (A) shall apply if the Director 

7 of the Federal Bureau of Investigation, or a 

8 designee of the Director whose rank shall be no 

9 lower than Deputy Assistant Director at Bu10 reau headquarters or a Special Agent in Charge 

11 of a Bureau field office, certifies that the ab12 sence of a prohibition of disclosure under this 

13 subsection may result in— 

14 ‘‘(i) a danger to the national security 

15 of the United States; 

16 ‘‘(ii) interference with a criminal, 

17 counterterrorism, or counterintelligence in18 vestigation; 

19 ‘‘(iii) interference with diplomatic re20 lations; or 

21 ‘‘(iv) danger to the life or physical 

22 safety of any person. 

23 ‘‘(2) EXCEPTION.— 

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

25 communication service provider that receives a 


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1 request under subsection (b), or officer, em2 ployee, or agent thereof, may disclose informa3 tion otherwise subject to any applicable non4 disclosure requirement to— 

5 ‘‘(i) those persons to whom disclosure 

6 is necessary in order to comply with the re7 quest; 

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

9 legal advice or assistance regarding the re10 quest; or 

11 ‘‘(iii) other persons as permitted by 

12 the Director of the Federal Bureau of In13 vestigation or the designee of the Director. 

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

15 disclosure is made under subparagraph (A) 

16 shall be subject to the nondisclosure require17 ments applicable to a person to whom a request 

18 is issued under subsection (b) in the same man19 ner as the person to whom the request is 

20 issued. 

21 ‘‘(C) NOTICE.—Any recipient that dis22 closes to a person described in subparagraph 

23 (A) information otherwise subject to a non24 disclosure requirement shall notify the person of 

25 the applicable nondisclosure requirement. 


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

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

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

7 Director or such designee the person to whom 

8 such disclosure will be made or to whom such 

9 disclosure was made prior to the request. 

10 ‘‘(3) TERMINATION.— 

11 ‘‘(A) IN GENERAL.—In the case of any re12 quest under subsection (b) for which a recipient 

13 has submitted a notification to the Government 

14 under section 3511(b)(1)(A) or filed a petition 

15 for judicial review under subsection (d)— 

16 ‘‘(i) an appropriate official of the Fed17 eral Bureau of Investigation shall, until 

18 termination of the nondisclosure require19 ment, review the facts supporting a non20 disclosure requirement annually and upon 

21 closure of the investigation; and 

22 ‘‘(ii) if, upon a review under clause 

23 (i), the facts no longer support the non24 disclosure requirement, an appropriate offi25 cial of the Federal Bureau of Investigation 


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1 shall promptly notify the wire or electronic 

2 service provider, or officer, employee, or 

3 agent thereof, subject to the nondisclosure 

4 requirement, and the court as appropriate, 

5 that the nondisclosure requirement is no 

6 longer in effect. 

7 ‘‘(B) CLOSURE OF INVESTIGATION.—Upon 

8 closure of the investigation— 

9 ‘‘(i) the Federal Bureau of Investiga10 tion may petition the court before which a 

11 notification or petition for judicial review 

12 under subsection (d) has been filed for a 

13 determination that disclosure may result in 

14 the harm described in clause (i), (ii), (iii), 

15 or (iv) of paragraph (1)(B), if it notifies 

16 the recipient of such petition; 

17 ‘‘(ii) the court shall review such a pe18 tition pursuant to the procedures under 

19 section 3511; and 

20 ‘‘(iii) if the court determines that 

21 there is reason to believe that disclosure 

22 may result in the harm described in clause 

23 (i), (ii), (iii), or (iv) of paragraph (1)(B), 

24 the Federal Bureau of Investigation shall 

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1 nual review of the facts supporting the 

2 nondisclosure requirement under subpara3 graph (A).’’. 

4 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

5 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

6 1114 of the Right to Financial Privacy Act of 1978 (12 

7 U.S.C. 3414) is amended— 

8 (1) in subsection (a)(5), by striking subpara9 graph (D); and 

10 (2) by inserting after subsection (b) the fol11 lowing new subsection: 

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

13 ‘‘(1) PROHIBITION.— 

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

15 issued under subparagraph (B) and notice of 

16 the right to judicial review under subsection (d) 

17 is provided, no financial institution that receives 

18 a request under subsection (a), or officer, em19 ployee, or agent thereof, shall disclose to any 

20 person that the Federal Bureau of Investigation 

21 has sought or obtained access to information or 

22 records under subsection (a). 

23 ‘‘(B) CERTIFICATION.—The requirements 

24 of subparagraph (A) shall apply if the Director 

25 of the Federal Bureau of Investigation, or a 


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1 designee of the Director whose rank shall be no 

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

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

6 subsection may result in— 

7 ‘‘(i) a danger to the national security 

8 of the United States; 

9 ‘‘(ii) interference with a criminal, 

10 counterterrorism, or counterintelligence in11 vestigation; 

12 ‘‘(iii) interference with diplomatic re13 lations; or 

14 ‘‘(iv) danger to the life or physical 

15 safety of any person. 

16 ‘‘(2) EXCEPTION.— 

17 ‘‘(A) IN GENERAL.—A financial institution 

18 that receives a request under subsection (a), or 

19 officer, employee, or agent thereof, may disclose 

20 information otherwise subject to any applicable 

21 nondisclosure requirement to— 

22 ‘‘(i) those persons to whom disclosure 

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


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48 

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

2 legal advice or assistance regarding the re3 quest; or 

4 ‘‘(iii) other persons as permitted by 

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

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

8 disclosure is made under subparagraph (A) 

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

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

13 issued. 

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

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

18 of the applicable nondisclosure requirement. 

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

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

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

25 Director or such designee the person to whom 


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49 

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1 such disclosure will be made or to whom such 

2 disclosure was made prior to the request. 

3 ‘‘(3) TERMINATION.— 

4 ‘‘(A) IN GENERAL.—In the case of any re5 quest under subsection (a) for which a recipient 

6 has submitted a notification to the Government 

7 under section 3511(b)(1)(A) of title 18, United 

8 States Code, or filed a petition for judicial re9 view under subsection (d)— 

10 ‘‘(i) an appropriate official of the Fed11 eral Bureau of Investigation shall, until 

12 termination of the nondisclosure require13 ment, review the facts supporting a non14 disclosure requirement annually and upon 

15 closure of the investigation; and 

16 ‘‘(ii) if, upon a review under clause 

17 (i), the facts no longer support the non18 disclosure requirement, an appropriate offi19 cial of the Federal Bureau of Investigation 

20 shall promptly notify the financial institu21 tion, or officer, employee, or agent thereof, 

22 subject to the nondisclosure requirement, 

23 and the court as appropriate, that the non24 disclosure requirement is no longer in ef25 fect. 


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1 ‘‘(B) CLOSURE OF INVESTIGATION.—Upon 

2 closure of the investigation— 

3 ‘‘(i) the Federal Bureau of Investiga4 tion may petition the court before which a 

5 notification or petition for judicial review 

6 under subsection (d) has been filed for a 

7 determination that disclosure may result in 

8 the harm described in clause (i), (ii), (iii), 

9 or (iv) of paragraph (1)(B), if it notifies 

10 the recipient of such petition; 

11 ‘‘(ii) the court shall review such a pe12 tition pursuant to the procedures under 

13 section 3511 of title 18, United States 

14 Code; and 

15 ‘‘(iii) if the court determines that 

16 there is reason to believe that disclosure 

17 may result in the harm described in clause 

18 (i), (ii), (iii), or (iv) of paragraph (1)(B), 

19 the Federal Bureau of Investigation shall 

20 no longer be required to conduct the an21 nual review of the facts supporting the 

22 nondisclosure requirement under subpara23 graph (A).’’. 

24 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

25 CREDIT REPORTS.—Section 626 of the Fair Credit ReVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 porting Act (15 U.S.C. 1681u) is amended by striking 

2 subsection (d) and inserting the following new subsection: 

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

4 ‘‘(1) PROHIBITION.— 

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

6 issued under subparagraph (B) and notice of 

7 the right to judicial review under subsection (e) 

8 is provided, no consumer reporting agency that 

9 receives a request under subsection (a) or (b) or 

10 an order under subsection (c), or officer, em11 ployee, or agent thereof, shall disclose or specify 

12 in any consumer report, that the Federal Bu13 reau of Investigation has sought or obtained ac14 cess to information or records under subsection 

15 (a), (b), or (c). 

16 ‘‘(B) CERTIFICATION.—The requirements 

17 of subparagraph (A) shall apply if the Director 

18 of the Federal Bureau of Investigation, or a 

19 designee of the Director whose rank shall be no 

20 lower than Deputy Assistant Director at Bu21 reau headquarters or a Special Agent in Charge 

22 of a Bureau field office, certifies that the ab23 sence of a prohibition of disclosure under this 

24 subsection may result in— 


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52 

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1 ‘‘(i) a danger to the national security 

2 of the United States; 

3 ‘‘(ii) interference with a criminal, 

4 counterterrorism, or counterintelligence in5 vestigation; 

6 ‘‘(iii) interference with diplomatic re7 lations; or 

8 ‘‘(iv) danger to the life or physical 

9 safety of any person. 

10 ‘‘(2) EXCEPTION.— 

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

12 agency that receives a request under subsection 

13 (a) or (b) or an order under subsection (c), or 

14 officer, employee, or agent thereof, may disclose 

15 information otherwise subject to any applicable 

16 nondisclosure requirement to— 

17 ‘‘(i) those persons to whom disclosure 

18 is necessary in order to comply with the re19 quest; 

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

21 legal advice or assistance regarding the re22 quest; or 

23 ‘‘(iii) other persons as permitted by 

24 the Director of the Federal Bureau of In25 vestigation or the designee of the Director. 


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53 

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

2 disclosure is made under subparagraph (A) 

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

5 under subsection (a) or (b) or an order under 

6 subsection (c) is issued in the same manner as 

7 the person to whom the request is issued. 

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

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

12 of the applicable nondisclosure requirement. 

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

15 the Federal Bureau of Investigation or the des16 ignee of the Director, any person making or in17 tending to make a disclosure under clause (i) or 

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

19 Director or such designee the person to whom 

20 such disclosure will be made or to whom such 

21 disclosure was made prior to the request. 

22 ‘‘(3) TERMINATION.— 

23 ‘‘(A) IN GENERAL.—In the case of any re24 quest under subsection (a) or (b) or order 

25 under subsection (c) for which a recipient has 


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54 

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1 submitted a notification to the Government 

2 under section 3511(b)(1)(A) of title 18, United 

3 States Code, or filed a petition for judicial re4 view under subsection (e)— 

5 ‘‘(i) an appropriate official of the Fed6 eral Bureau of Investigation shall, until 

7 termination of the nondisclosure require8 ment, review the facts supporting a non9 disclosure requirement annually and upon 

10 closure of the investigation; and 

11 ‘‘(ii) if, upon a review under clause 

12 (i), the facts no longer support the non13 disclosure requirement, an appropriate offi14 cial of the Federal Bureau of Investigation 

15 shall promptly notify the consumer report16 ing agency, or officer, employee, or agent 

17 thereof, subject to the nondisclosure re18 quirement, and the court as appropriate, 

19 that the nondisclosure requirement is no 

20 longer in effect. 

21 ‘‘(B) CLOSURE OF INVESTIGATION.—Upon 

22 closure of the investigation— 

23 ‘‘(i) the Federal Bureau of Investiga24 tion may petition the court before which a 

25 notification or petition for judicial review 


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55 

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1 under subsection (e) has been filed for a 

2 determination that disclosure may result in 

3 the harm described in clause (i), (ii), (iii), 

4 or (iv) of paragraph (1)(B), if it notifies 

5 the recipient of such petition; 

6 ‘‘(ii) the court shall review such a pe7 tition pursuant to the procedures under 

8 section 3511 of title 18, United States 

9 Code; and 

10 ‘‘(iii) if the court determines that 

11 there is reason to believe that disclosure 

12 may result in the harm described in clause 

13 (i), (ii), (iii), or (iv) of paragraph (1)(B), 

14 the Federal Bureau of Investigation shall 

15 no longer be required to conduct the an16 nual review of the facts supporting the 

17 nondisclosure requirement under subpara18 graph (A).’’. 

19 (d) CONSUMER REPORTS.—Section 627 of the Fair 

20 Credit Reporting Act (15 U.S.C. 1681v) is amended by 

21 striking subsection (c) and inserting the following new 

22 subsection: 

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

24 ‘‘(1) PROHIBITION.— 


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56 

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

2 issued under subparagraph (B) and notice of 

3 the right to judicial review under subsection (d) 

4 is provided, no consumer reporting agency that 

5 receives a request under subsection (a), or offi6 cer, employee, or agent thereof, shall disclose or 

7 specify in any consumer report, that a govern8 ment agency described in subsection (a) has 

9 sought or obtained access to information or 

10 records under subsection (a). 

11 ‘‘(B) CERTIFICATION.—The requirements 

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

13 the government agency described in subsection 

14 (a), or a designee, certifies that the absence of 

15 a prohibition of disclosure under this subsection 

16 may result in— 

17 ‘‘(i) a danger to the national security 

18 of the United States; 

19 ‘‘(ii) interference with a criminal, 

20 counterterrorism, or counterintelligence in21 vestigation; 

22 ‘‘(iii) interference with diplomatic re23 lations; or 

24 ‘‘(iv) danger to the life or physical 

25 safety of any person. 


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1 ‘‘(2) EXCEPTION.— 

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

3 agency that receives a request under subsection 

4 (a), or officer, employee, or agent thereof, may 

5 disclose information otherwise subject to any 

6 applicable nondisclosure requirement to— 

7 ‘‘(i) those persons to whom disclosure 

8 is necessary in order to comply with the re9 quest; 

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

11 legal advice or assistance regarding the re12 quest; or 

13 ‘‘(iii) other persons as permitted by 

14 the head of the government agency de15 scribed in subsection (a) or a designee. 

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

17 disclosure is made under subparagraph (A) 

18 shall be subject to the nondisclosure require19 ments applicable to a person to whom a request 

20 under subsection (a) is issued in the same man21 ner as the person to whom the request is 

22 issued. 

23 ‘‘(C) NOTICE.—Any recipient that dis24 closes to a person described in subparagraph 

25 (A) information otherwise subject to a nonVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 disclosure requirement shall inform the person 

2 of the applicable nondisclosure requirement. 

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

5 government agency described in subsection (a) 

6 or a designee, any person making or intending 

7 to make a disclosure under clause (i) or (iii) of 

8 subparagraph (A) shall identify to the head or 

9 such designee the person to whom such disclo10 sure will be made or to whom such disclosure 

11 was made prior to the request. 

12 ‘‘(3) TERMINATION.— 

13 ‘‘(A) IN GENERAL.—In the case of any re14 quest under subsection (a) for which a recipient 

15 has submitted a notification to the Government 

16 under section 3511(b)(1)(A) of title 18, United 

17 States Code, or filed a petition for judicial re18 view under subsection (d)— 

19 ‘‘(i) an appropriate official of the 

20 agency described in subsection (a) shall, 

21 until termination of the nondisclosure re22 quirement, review the facts supporting a 

23 nondisclosure requirement annually and 

24 upon closure of the investigation; and 


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1 ‘‘(ii) if, upon a review under clause 

2 (i), the facts no longer support the non3 disclosure requirement, an appropriate offi4 cial of the agency described in subsection 

5 (a) shall promptly notify the consumer re6 porting agency, or officer, employee, or 

7 agent thereof, subject to the nondisclosure 

8 requirement, and the court as appropriate, 

9 that the nondisclosure requirement is no 

10 longer in effect. 

11 ‘‘(B) CLOSURE OF INVESTIGATION.—Upon 

12 closure of the investigation— 

13 ‘‘(i) the agency described in sub14 section (a) may petition the court before 

15 which a notification or petition for judicial 

16 review under subsection (d) has been filed 

17 for a determination that disclosure may re18 sult in the harm described in clause (i), 

19 (ii), (iii), or (iv) of paragraph (1)(B), if it 

20 notifies the recipient of such petition; 

21 ‘‘(ii) the court shall review such a pe22 tition pursuant to the procedures under 

23 section 3511 of title 18, United States 

24 Code; and 


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1 ‘‘(iii) if the court determines that 

2 there is reason to believe that disclosure 

3 may result in the harm described in clause 

4 (i), (ii), (iii), or (iv) of paragraph (1)(B), 

5 the agency described in subsection (1) shall 

6 no longer be required to conduct the an7 nual review of the facts supporting the 

8 nondisclosure requirement under subpara9 graph (A).’’. 

10 (e) INVESTIGATIONS OF PERSONS WITH ACCESS TO

11 CLASSIFIED INFORMATION.—Section 802 of the National 

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

13 striking subsection (b) and inserting the following new 

14 subsection: 

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

16 ‘‘(1) PROHIBITION.— 

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

18 issued under subparagraph (B) and notice of 

19 the right to judicial review under subsection (c) 

20 is provided, no governmental or private entity 

21 that receives a request under subsection (a), or 

22 officer, employee, or agent thereof, shall dis23 close to any person that an authorized inves24 tigative agency described in subsection (a) has 


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•S 2685 PCS

1 sought or obtained access to information under 

2 subsection (a). 

3 ‘‘(B) CERTIFICATION.—The requirements 

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

5 an authorized investigative agency described in 

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

7 absence of a prohibition of disclosure under this 

8 subsection may result in— 

9 ‘‘(i) a danger to the national security 

10 of the United States; 

11 ‘‘(ii) interference with a criminal, 

12 counterterrorism, or counterintelligence in13 vestigation; 

14 ‘‘(iii) interference with diplomatic re15 lations; or 

16 ‘‘(iv) danger to the life or physical 

17 safety of any person. 

18 ‘‘(2) EXCEPTION.— 

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

20 private entity that receives a request under sub21 section (a), or officer, employee, or agent there22 of, may disclose information otherwise subject 

23 to any applicable nondisclosure requirement 

24 to— 


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1 ‘‘(i) those persons to whom disclosure 

2 is necessary in order to comply with the re3 quest; 

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

5 legal advice or assistance regarding the re6 quest; or 

7 ‘‘(iii) other persons as permitted by 

8 the head of the authorized investigative 

9 agency described in subsection (a) or a 

10 designee. 

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

12 disclosure is made under subparagraph (A) 

13 shall be subject to the nondisclosure require14 ments applicable to a person to whom a request 

15 is issued under subsection (a) in the same man16 ner as the person to whom the request is 

17 issued. 

18 ‘‘(C) NOTICE.—Any recipient that dis19 closes to a person described in subparagraph 

20 (A) information otherwise subject to a non21 disclosure requirement shall inform the person 

22 of the applicable nondisclosure requirement. 

23 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE24 CIPIENTS.—At the request of the head of an 

25 authorized investigative agency described in 


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1 subsection (a), or a designee, any person mak2 ing or intending to make a disclosure under 

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

4 identify to the head of the authorized investiga5 tive agency or such designee the person to 

6 whom such disclosure will be made or to whom 

7 such disclosure was made prior to the request. 

8 ‘‘(3) TERMINATION.— 

9 ‘‘(A) IN GENERAL.—In the case of any re10 quest for which a recipient has submitted a no11 tification to the Government under section 

12 3511(b)(1)(A) of title 18, United States Code, 

13 or filed a petition for judicial review under sub14 section (c)— 

15 ‘‘(i) an appropriate official of the au16 thorized investigative agency making the 

17 request under subsection (a) shall, until 

18 termination of the nondisclosure require19 ment, review the facts supporting a non20 disclosure requirement annually and upon 

21 closure of the investigation; and 

22 ‘‘(ii) if, upon a review under clause 

23 (i), the facts no longer support the non24 disclosure requirement, an appropriate offi25 cial of the authorized investigative agency 


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1 making the request under subsection (a) 

2 shall promptly notify the recipient of the 

3 request, or officer, employee, or agent 

4 thereof, subject to the nondisclosure re5 quirement, and the court as appropriate, 

6 that the nondisclosure requirement is no 

7 longer in effect. 

8 ‘‘(B) CLOSURE OF INVESTIGATION.—Upon 

9 closure of the investigation— 

10 ‘‘(i) the authorized investigative agen11 cy making the request under subsection (a) 

12 may petition the court before which a noti13 fication or petition for judicial review 

14 under subsection (c) has been filed for a 

15 determination that disclosure may result in 

16 the harm described in clause (i), (ii), (iii), 

17 or (iv) of paragraph (1)(B), if it notifies 

18 the recipient of such petition; 

19 ‘‘(ii) the court shall review such a pe20 tition pursuant to the procedures under 

21 section 3511 of title 18, United States 

22 Code; and 

23 ‘‘(iii) if the court determines that 

24 there is reason to believe that disclosure 

25 may result in the harm described in clause 


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1 (i), (ii), (iii), or (iv) of paragraph (1)(B), 

2 the authorized investigative agency shall no 

3 longer be required to conduct the annual 

4 review of the facts supporting the non5 disclosure requirement under subparagraph 

6 (A).’’. 

7 (f) JUDICIAL REVIEW.—Section 3511 of title 18, 

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

9 and inserting the following new subsection: 

10 ‘‘(b) NONDISCLOSURE.— 

11 ‘‘(1) IN GENERAL.— 

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

13 or order for a report, records, or other informa14 tion under section 2709 of this title, section 

15 626 or 627 of the Fair Credit Reporting Act 

16 (15 U.S.C. 1681u and 1681v), section 1114 of 

17 the Right to Financial Privacy Act of 1978 (12 

18 U.S.C. 3414), or section 802 of the National 

19 Security Act of 1947 (50 U.S.C. 3162), wishes 

20 to have a court review a nondisclosure require21 ment imposed in connection with the request or 

22 order, the recipient may notify the Government 

23 or file a petition for judicial review in any court 

24 described in subsection (a). 


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

2 days after the date of receipt of a notification 

3 under subparagraph (A), the Government shall 

4 apply for an order prohibiting the disclosure of 

5 the existence or contents of the relevant request 

6 or order. An application under this subpara7 graph may be filed in the district court of the 

8 United States for the judicial district in which 

9 the recipient of the order is doing business or 

10 in the district court of the United States for 

11 any judicial district within which the authorized 

12 investigation that is the basis for the request is 

13 being conducted. The applicable nondisclosure 

14 requirement shall remain in effect during the 

15 pendency of proceedings relating to the require16 ment. 

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

18 the United States that receives a petition under 

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

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

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

25 for a nondisclosure order or extension thereof or a 


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1 response to a petition filed under paragraph (1) 

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

5 of Investigation, or a designee in a position not 

6 lower than Deputy Assistant Director at Bureau 

7 headquarters or a Special Agent in Charge in a Bu8 reau field office designated by the Director, or in the 

9 case of a request by a department, agency, or instru10 mentality of the Federal Government other than the 

11 Department of Justice, the head or deputy head of 

12 the department, agency, or instrumentality, con13 taining a statement of specific facts indicating that 

14 the absence of a prohibition of disclosure under this 

15 subsection may result in— 

16 ‘‘(A) a danger to the national security of 

17 the United States; 

18 ‘‘(B) interference with a criminal, counter19 terrorism, or counterintelligence investigation; 

20 ‘‘(C) interference with diplomatic relations; 

21 or 

22 ‘‘(D) danger to the life or physical safety 

23 of any person. 

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

25 United States shall issue a nondisclosure order or 


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1 extension thereof under this subsection if the court 

2 determines that there is reason to believe that disclo3 sure of the information subject to the nondisclosure 

4 requirement during the applicable time period may 

5 result in— 

6 ‘‘(A) a danger to the national security of 

7 the United States; 

8 ‘‘(B) interference with a criminal, counter9 terrorism, or counterintelligence investigation; 

10 ‘‘(C) interference with diplomatic relations; 

11 or 

12 ‘‘(D) danger to the life or physical safety 

13 of any person.’’. 

14 SEC. 503. JUDICIAL REVIEW. 

15 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

16 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

17 title 18, United States Code, is amended— 

18 (1) by redesignating subsections (d), (e), and 

19 (f) as subsections (e), (f), and (g), respectively; and 

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

22 ‘‘(d) JUDICIAL REVIEW.— 

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

24 (b) or a nondisclosure requirement imposed in conVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 nection with such request under subsection (c) shall 

2 be subject to judicial review under section 3511. 

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

4 shall include notice of the availability of judicial re5 view described in paragraph (1).’’. 

6 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

7 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

8 1114 of the Right to Financial Privacy Act of 1978 (12 

9 U.S.C. 3414) is amended— 

10 (1) by redesignating subsection (d) as sub11 section (e); and 

12 (2) by inserting after subsection (c) the fol13 lowing new subsection: 

14 ‘‘(d) JUDICIAL REVIEW.— 

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

16 (a) or a nondisclosure requirement imposed in con17 nection with such request under subsection (c) shall 

18 be subject to judicial review under section 3511 of 

19 title 18, United States Code. 

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

21 shall include notice of the availability of judicial re22 view described in paragraph (1).’’. 

23 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

24 CREDIT REPORTS.—Section 626 of the Fair Credit Re25 porting Act (15 U.S.C. 1681u) is amended— 


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1 (1) by redesignating subsections (e) through 

2 (m) as subsections (f) through (n), respectively; and 

3 (2) by inserting after subsection (d) the fol4 lowing new subsection: 

5 ‘‘(e) JUDICIAL REVIEW.— 

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

7 (a) or (b) or an order under subsection (c) or a non8 disclosure requirement imposed in connection with 

9 such request under subsection (d) shall be subject to 

10 judicial review under section 3511 of title 18, United 

11 States Code. 

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

13 or (b) or an order under subsection (c) shall include 

14 notice of the availability of judicial review described 

15 in paragraph (1).’’. 

16 (d) IDENTITY OF FINANCIAL INSTITUTIONS AND

17 CREDIT REPORTS.—Section 627 of the Fair Credit Re18 porting Act (15 U.S.C. 1681v) is amended— 

19 (1) by redesignating subsections (d), (e), and 

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

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

23 ‘‘(d) JUDICIAL REVIEW.— 

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

25 (a) or a non-disclosure requirement imposed in conVerDate Mar 15 2010 23:35 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S2685.PCS S2685

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1 nection with such request under subsection (c) shall 

2 be subject to judicial review under section 3511 of 

3 title 18, United States Code. 

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

5 shall include notice of the availability of judicial re6 view described in paragraph (1).’’. 

7 (e) INVESTIGATIONS OF PERSONS WITH ACCESS TO

8 CLASSIFIED INFORMATION.—Section 802 of the National 

9 Security Act of 1947 (50 U.S.C. 3162) is amended— 

10 (1) by redesignating subsections (c) through (f) 

11 as subsections (d) through (g), respectively; and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection: 

14 ‘‘(c) JUDICIAL REVIEW.— 

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

16 (a) or a nondisclosure requirement imposed in con17 nection with such request under subsection (b) shall 

18 be subject to judicial review under section 3511 of 

19 title 18, United States Code. 

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

21 shall include notice of the availability of judicial re22 view described in paragraph (1).’’. 


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1 TITLE VI—FISA TRANSPARENCY 

2 AND REPORTING REQUIRE3 MENTS 

4 SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING 

5 PRODUCTION OF BUSINESS RECORDS; BUSI6 NESS RECORDS COMPLIANCE REPORTS TO 

7 CONGRESS. 

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

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

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

11 (2) by inserting before paragraph (6) (as so re12 designated) the following new paragraphs: 

13 ‘‘(1) a summary of all compliance reviews con14 ducted by the Government for the production of tan15 gible things under section 501; 

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

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

18 requests for the production of tangible things; 

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

20 granted, modified, or denied; 

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

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

23 requests for the production of call detail records; 

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

25 granted, modified, or denied;’’. 


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1 SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT. 

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

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

4 by adding at the end the following new section: 

5 ‘‘SEC. 603. ANNUAL REPORTS. 

6 ‘‘(a) REPORT BY DIRECTOR OF THE ADMINISTRA7 TIVE OFFICE OF THE UNITED STATES COURTS.—The Di8 rector of the Administrative Office of the United States 

9 Courts shall annually submit to the Permanent Select 

10 Committee on Intelligence and the Committee on the Judi11 ciary of the House of Representatives and the Select Com12 mittee on Intelligence and the Committee on the Judiciary 

13 of the Senate, subject to a declassification review by the 

14 Attorney General and the Director of National Intel15 ligence, a report, made publicly available on an Internet 

16 Web site, that includes— 

17 ‘‘(1) the number of applications or certifications 

18 for orders submitted under each of sections 105, 

19 304, 402, 501, 702, 703, and 704; 

20 ‘‘(2) the number of orders entered under each 

21 of those sections; 

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

23 of those sections; 

24 ‘‘(4) the number of orders denied under each of 

25 those sections; 


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1 ‘‘(5) the number of appointments of an indi2 vidual to serve as amicus curiae under section 103, 

3 including the name of each individual appointed to 

4 serve as amicus curiae; and 

5 ‘‘(6) the number of written findings issued 

6 under section 103(i) that such appointment is not 

7 appropriate and the text of any such written find8 ings. 

9 ‘‘(b) MANDATORY REPORTING BY DIRECTOR OF NA10 TIONAL INTELLIGENCE.— 

11 ‘‘(1) IN GENERAL.—Except as provided in sub12 section (e), the Director of National Intelligence 

13 shall annually make publicly available on an Internet 

14 Web site a report that identifies, for the preceding 

15 12-month period— 

16 ‘‘(A) the total number of orders issued 

17 pursuant to titles I and III and sections 703 

18 and 704 and a good faith estimate of the num19 ber of targets of such orders; 

20 ‘‘(B) the total number of orders issued 

21 pursuant to section 702 and a good faith esti22 mate of— 

23 ‘‘(i) the number of targets of such or24 ders; 


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1 ‘‘(ii) the number of individuals whose 

2 communications were collected pursuant to 

3 such orders; 

4 ‘‘(iii) the number of individuals whose 

5 communications were collected pursuant to 

6 such orders who are reasonably believed to 

7 have been located in the United States at 

8 the time of collection; 

9 ‘‘(iv) the number of search terms that 

10 included information concerning a United 

11 States person that were used to query any 

12 database of the contents of electronic com13 munications or wire communications ob14 tained through the use of an order issued 

15 pursuant to section 702; and 

16 ‘‘(v) the number of search queries ini17 tiated by an officer, employee, or agent of 

18 the United States whose search terms in19 cluded information concerning a United 

20 States person in any database of noncon21 tents information relating to electronic 

22 communications or wire communications 

23 that were obtained through the use of an 

24 order issued pursuant to section 702; 


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1 ‘‘(C) the total number of orders issued 

2 pursuant to title IV and a good faith estimate 

3 of— 

4 ‘‘(i) the number of targets of such or5 ders; 

6 ‘‘(ii) the number of individuals whose 

7 communications were collected pursuant to 

8 such orders; and 

9 ‘‘(iii) the number of individuals whose 

10 communications were collected pursuant to 

11 such orders who are reasonably believed to 

12 have been located in the United States at 

13 the time of collection; 

14 ‘‘(D) the total number of orders issued 

15 pursuant to applications made under section 

16 501(b)(2)(B) and a good faith estimate of— 

17 ‘‘(i) the number of targets of such or18 ders; 

19 ‘‘(ii) the number of individuals whose 

20 communications were collected pursuant to 

21 such orders; and 

22 ‘‘(iii) the number of individuals whose 

23 communications were collected pursuant to 

24 such orders who are reasonably believed to 


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1 have been located in the United States at 

2 the time of collection; 

3 ‘‘(E) the total number of orders issued 

4 pursuant to applications made under section 

5 501(b)(2)(C) and a good faith estimate of— 

6 ‘‘(i) the number of targets of such or7 ders; 

8 ‘‘(ii) the number of individuals whose 

9 communications were collected pursuant to 

10 such orders; 

11 ‘‘(iii) the number of individuals whose 

12 communications were collected pursuant to 

13 such orders who are reasonably believed to 

14 have been located in the United States at 

15 the time of collection; and 

16 ‘‘(iv) the number of search terms that 

17 included information concerning a United 

18 States person that were used to query any 

19 database of call detail records obtained 

20 through the use of such orders; and 

21 ‘‘(F) the total number of national security 

22 letters issued and the number of requests for 

23 information contained within such national se24 curity letters. 


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1 ‘‘(2) BASIS FOR REASONABLE BELIEF INDI2 VIDUAL IS LOCATED IN UNITED STATES.—A phone 

3 number registered in the United States may provide 

4 the basis for a reasonable belief that the individual 

5 using the phone number is located in the United 

6 States at the time of collection. 

7 ‘‘(c) DISCRETIONARY REPORTING BY DIRECTOR OF

8 NATIONAL INTELLIGENCE.—The Director of National In9 telligence may annually make publicly available on an 

10 Internet Web site a report that identifies, for the pre11 ceding 12-month period— 

12 ‘‘(1) a good faith estimate of the number of in13 dividuals whose communications were collected pur14 suant to orders issued pursuant to titles I and III 

15 and sections 703 and 704 reasonably believed to 

16 have been located in the United States at the time 

17 of collection whose information was reviewed or 

18 accessed by an officer, employee, or agent of the 

19 United States; 

20 ‘‘(2) a good faith estimate of the number of in21 dividuals whose communications were collected pur22 suant to orders issued pursuant to section 702 rea23 sonably believed to have been located in the United 

24 States at the time of collection whose information 


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1 was reviewed or accessed by an officer, employee, or 

2 agent of the United States; 

3 ‘‘(3) a good faith estimate of the number of in4 dividuals whose communications were collected pur5 suant to orders issued pursuant to title IV reason6 ably believed to have been located in the United 

7 States at the time of collection whose information 

8 was reviewed or accessed by an officer, employee, or 

9 agent of the United States; 

10 ‘‘(4) a good faith estimate of the number of in11 dividuals whose communications were collected pur12 suant to orders issued pursuant to applications 

13 made under section 501(b)(2)(B) reasonably believed 

14 to have been located in the United States at the 

15 time of collection whose information was reviewed or 

16 accessed by an officer, employee, or agent of the 

17 United States; and 

18 ‘‘(5) a good faith estimate of the number of in19 dividuals whose communications were collected pur20 suant to orders issued pursuant to applications 

21 made under section 501(b)(2)(C) reasonably believed 

22 to have been located in the United States at the 

23 time of collection whose information was reviewed or 

24 accessed by an officer, employee, or agent of the 

25 United States. 


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1 ‘‘(d) TIMING.—The annual reports required by sub2 sections (a) and (b) and permitted by subsection (c) shall 

3 be made publicly available during April of each year and 

4 include information relating to the previous year. 

5 ‘‘(e) EXCEPTIONS.— 

6 ‘‘(1) REPORTING BY UNIQUE IDENTIFIER.—If it 

7 is not practicable to report the good faith estimates 

8 required by subsection (b) and permitted by sub9 section (c) in terms of individuals, the good faith es10 timates may be counted in terms of unique identi11 fiers, including names, account names or numbers, 

12 addresses, or telephone or instrument numbers. 

13 ‘‘(2) STATEMENT OF NUMERICAL RANGE.—If a 

14 good faith estimate required to be reported under 

15 clauses (ii) or (iii) of each of subparagraphs (B), 

16 (C), (D), and (E) of paragraph (1) of subsection (b) 

17 or permitted to be reported in subsection (c), is 

18 fewer than 500, it shall exclusively be expressed as 

19 a numerical range of ‘fewer than 500’ and shall not 

20 be expressed as an individual number. 

21 ‘‘(3) FEDERAL BUREAU OF INVESTIGATION.— 

22 Subparagraphs (B)(iv), (B)(v), (D)(iii), (E)(iii), and 

23 (E)(iv) of paragraph (1) of subsection (b) shall not 

24 apply to information or records held by, or queries 

25 conducted by, the Federal Bureau of Investigation. 


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1 ‘‘(4) CERTIFICATION.— 

2 ‘‘(A) IN GENERAL.—If the Director of Na3 tional Intelligence concludes that a good faith 

4 estimate required to be reported under subpara5 graph (B)(iii) or (C)(iii) of paragraph (1) of 

6 subsection (b) cannot be determined accurately, 

7 including through the use of statistical sam8 pling, the Director shall— 

9 ‘‘(i) certify that conclusion in writing 

10 to the Permanent Select Committee on In11 telligence and the Committee on the Judi12 ciary of the House of Representatives and 

13 the Select Committee on Intelligence and 

14 the Committee on the Judiciary of the 

15 Senate; and 

16 ‘‘(ii) make such certification publicly 

17 available on an Internet Web site. 

18 ‘‘(B) CONTENT.— 

19 ‘‘(i) IN GENERAL.—The certification 

20 described in subparagraph (A) shall state 

21 with specificity any operational, national 

22 security, or other reasons why the Director 

23 of National Intelligence has reached the 

24 conclusion described in subparagraph (A). 


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1 ‘‘(ii) GOOD FAITH ESTIMATES OF CER2 TAIN INDIVIDUALS WHOSE COMMUNICA3 TIONS WERE COLLECTED UNDER ORDERS

4 ISSUED UNDER SECTION 702.—A certifi5 cation described in subparagraph (A) relat6 ing to a good faith estimate required to be 

7 reported under subsection (b)(1)(B)(iii) 

8 may include the information annually re9 ported pursuant to section 702(l)(3)(A). 

10 ‘‘(iii) GOOD FAITH ESTIMATES OF

11 CERTAIN INDIVIDUALS WHOSE COMMU12 NICATIONS WERE COLLECTED UNDER OR13 DERS ISSUED UNDER TITLE IV.—If the Di14 rector of National Intelligence determines 

15 that a good faith estimate required to be 

16 reported under subsection (b)(1)(C)(iii) 

17 cannot be determined accurately as that 

18 estimate pertains to electronic communica19 tions, but can be determined accurately for 

20 wire communications, the Director shall 

21 make the certification described in sub22 paragraph (A) with respect to electronic 

23 communications and shall also report the 

24 good faith estimate with respect to wire 

25 communications. 


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1 ‘‘(C) FORM.—A certification described in 

2 subparagraph (A) shall be prepared in unclassi3 fied form, but may contain a classified annex. 

4 ‘‘(D) TIMING.—If the Director of National 

5 Intelligence continues to conclude that the good 

6 faith estimates described in this paragraph can7 not be determined accurately, the Director shall 

8 annually submit a certification in accordance 

9 with this paragraph. 

10 ‘‘(f) CONSTRUCTION.—Nothing in this section affects 

11 the lawfulness or unlawfulness of any government surveil12 lance activities described herein. 

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

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

15 meaning given that term under section 2510 of title 

16 18, United States Code. 

17 ‘‘(2) ELECTRONIC COMMUNICATION.—The term 

18 ‘electronic communication’ has the meaning given 

19 that term under section 2510 of title 18, United 

20 States Code. 

21 ‘‘(3) INDIVIDUAL WHOSE COMMUNICATIONS

22 WERE COLLECTED.—The term ‘individual whose 

23 communications were collected’ means any indi24 vidual— 


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1 ‘‘(A) who was a party to an electronic com2 munication or a wire communication the con3 tents or noncontents of which was collected; or 

4 ‘‘(B)(i) who was a subscriber or customer 

5 of an electronic communication service or re6 mote computing service; and 

7 ‘‘(ii) whose records, as described in sub8 paragraph (A), (B), (D), (E), or (F) of section 

9 2703(c)(2) of title 18, United States Code, were 

10 collected. 

11 ‘‘(4) NATIONAL SECURITY LETTER.—The term 

12 ‘national security letter’ means a request for a re13 port, records, or other information under— 

14 ‘‘(A) section 2709 of title 18, United 

15 States Code; 

16 ‘‘(B) section 1114(a)(5)(A) of the Right to 

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

18 3414(a)(5)(A)); 

19 ‘‘(C) subsection (a) or (b) of section 626 of 

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

21 1681u(a), 1681u(b)); or 

22 ‘‘(D) section 627(a) of the Fair Credit Re23 porting Act (15 U.S.C. 1681v(a)). 

24 ‘‘(5) UNITED STATES PERSON.—The term 

25 ‘United States person’ means a citizen of the United 


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1 States or an alien lawfully admitted for permanent 

2 residence (as defined in section 101(a) of the Immi3 gration and Nationality Act (8 U.S.C. 1101(a))). 

4 ‘‘(6) WIRE COMMUNICATION.—The term ‘wire 

5 communication’ has the meaning given that term 

6 under section 2510 of title 18, United States 

7 Code.’’. 

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

9 of contents, as amended by section 402 of this Act, is fur10 ther amended by inserting after the item relating to sec11 tion 602, as added by section 402 of this Act, the following 

12 new item: 

‘‘Sec. 603. Annual reports.’’. 

13 (c) PUBLIC REPORTING ON NATIONAL SECURITY

14 LETTERS.—Section 118(c) of the USA PATRIOT Im15 provement and Reauthorization Act of 2005 (18 U.S.C. 

16 3511 note) is amended— 

17 (1) in paragraph (1)— 

18 (A) in the matter preceding subparagraph 

19 (A), by striking ‘‘concerning different United 

20 States persons’’; and 

21 (B) in subparagraph (A), by striking ‘‘, ex22 cluding the number of requests for subscriber 

23 information’’; 

24 (2) by redesignating paragraph (2) as para25 graph (3); and 


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1 (3) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) CONTENT.— 

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

5 subparagraph (B), each report required under 

6 this subsection shall include a good faith esti7 mate of the total number of requests described 

8 in paragraph (1) requiring disclosure of infor9 mation concerning— 

10 ‘‘(i) United States persons; and 

11 ‘‘(ii) persons who are not United 

12 States persons. 

13 ‘‘(B) EXCEPTION.—With respect to the 

14 number of requests for subscriber information 

15 under section 2709 of title 18, United States 

16 Code, a report required under this subsection 

17 need not separate the number of requests into 

18 each of the categories described in subpara19 graph (A).’’. 

20 (d) STORED COMMUNICATIONS.—Section 2702(d) of 

21 title 18, United States Code, is amended— 

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

23 inserting a semicolon; 

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

25 and inserting ‘‘; and’’; and 


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

2 paragraph: 

3 ‘‘(3) the number of accounts from which the 

4 Department of Justice has received voluntary disclo5 sures under subsection (c)(4).’’. 

6 SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO 

7 FISA ORDERS. 

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

9 as amended by sections 402 and 602 of this Act, is further 

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

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

12 ORDERS. 

13 ‘‘(a) REPORTING.—A person subject to a nondisclo14 sure requirement accompanying an order or directive 

15 under this Act or a national security letter may, with re16 spect to such order, directive, or national security letter, 

17 publicly report the following information using 1 of the 

18 following structures: 

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

20 number of orders or national security letters with 

21 which the person was required to comply in the fol22 lowing separate categories: 

23 ‘‘(A) The number of national security let24 ters received, reported in bands of 1000 start25 ing with 0–999. 


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1 ‘‘(B) The number of customer accounts af2 fected by national security letters, reported in 

3 bands of 1000 starting with 0–999. 

4 ‘‘(C) The number of orders under this Act 

5 for contents, reported in bands of 1000 starting 

6 with 0–999. 

7 ‘‘(D) With respect to contents orders 

8 under this Act, in bands of 1000 starting with 

9 0–999, the number of customer selectors tar10 geted under such orders. 

11 ‘‘(E) The number of orders under this Act 

12 for noncontents, reported in bands of 1000 

13 starting with 0–999. 

14 ‘‘(F) With respect to noncontents orders 

15 under this Act, in bands of 1000 starting with 

16 0–999, the number of customer selectors tar17 geted under orders under— 

18 ‘‘(i) title IV; 

19 ‘‘(ii) title V with respect to applica20 tions described in section 501(b)(2)(B); 

21 and 

22 ‘‘(iii) title V with respect to applica23 tions described in section 501(b)(2)(C). 

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

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1 ters with which the person was required to comply 

2 in the following separate categories: 

3 ‘‘(A) The total number of all national secu4 rity process received, including all national se5 curity letters and orders or directives under this 

6 Act, combined, reported in bands of 0–249 and 

7 thereafter in bands of 250. 

8 ‘‘(B) The total number of customer selec9 tors targeted under all national security process 

10 received, including all national security letters 

11 and orders or directives under this Act, com12 bined, reported in bands of 0–249 and there13 after in bands of 250. 

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

15 number of orders or national security letters with 

16 which the person was required to comply in the fol17 lowing separate categories: 

18 ‘‘(A) The number of national security let19 ters received, reported in bands of 500 starting 

20 with 0–499. 

21 ‘‘(B) The number of customer accounts af22 fected by national security letters, reported in 

23 bands of 500 starting with 0–499. 


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

2 for contents, reported in bands of 500 starting 

3 with 0–499. 

4 ‘‘(D) The number of customer selectors 

5 targeted under such orders, reported in bands 

6 of 500 starting with 0–499. 

7 ‘‘(E) The number of orders under this Act 

8 for noncontents, reported in bands of 500 start9 ing with 0–499. 

10 ‘‘(F) The number of customer selectors 

11 targeted under such orders, reported in bands 

12 of 500 starting with 0–499. 

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

14 number of orders, directives, and national security 

15 letters the person was required to comply with in the 

16 following separate categories: 

17 ‘‘(A) The total number of all national secu18 rity process received, including all national se19 curity letters and orders or directives under this 

20 Act, combined, reported in bands of 0–100 and 

21 thereafter in bands of 100. 

22 ‘‘(B) The total number of customer selec23 tors targeted under all national security process 

24 received, including all national security letters 

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1 bined, reported in bands of 0–100 and there2 after in bands of 100. 

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

4 ‘‘(1) A report described in paragraph (1) or (3) 

5 of subsection (a)— 

6 ‘‘(A) may be published every 180 days; 

7 ‘‘(B) subject to subparagraph (C), shall in8 clude— 

9 ‘‘(i) with respect to information relat10 ing to national security letters, information 

11 relating to the previous 180 days; and 

12 ‘‘(ii) with respect to information relat13 ing to authorities under this Act, except as 

14 provided in subparagraph (C), information 

15 relating to the time period— 

16 ‘‘(I) ending on the date that is 

17 not less than 180 days before the date 

18 on which the information is publicly 

19 reported; and 

20 ‘‘(II) beginning on the date that 

21 is 180 days before the date described 

22 in subclause (I); and 

23 ‘‘(C) for a person that has received an 

24 order or directive under this Act with respect to 

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1 son did not previously receive such an order or 

2 directive (not including an enhancement to or 

3 iteration of an existing publicly available plat4 form, product, or service)— 

5 ‘‘(i) shall not include any information 

6 relating to such new order or directive 

7 until 540 days after the date on which 

8 such new order or directive is received; and 

9 ‘‘(ii) for a report published on or after 

10 the date on which the 540-day waiting pe11 riod expires, shall include information re12 lating to such new order or directive re13 ported pursuant to subparagraph (B)(ii). 

14 ‘‘(2) A report described in paragraph (2) of 

15 subsection (a) may be published every 180 days and 

16 shall include information relating to the previous 

17 180 days. 

18 ‘‘(3) A report described in paragraph (4) of 

19 subsection (a) may be published annually and shall 

20 include information relating to the time period— 

21 ‘‘(A) ending on the date that is not less 

22 than 1 year before the date on which the infor23 mation is publicly reported; and 

24 ‘‘(B) beginning on the date that is 1 year 

25 before the date described in subparagraph (A). 


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

2 Nothing in this section prohibits the Government and any 

3 person from jointly agreeing to the publication of informa4 tion referred to in this subsection in a time, form, or man5 ner other than as described in this section. 

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

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

8 meaning given that term under section 2510 of title 

9 18, United States Code. 

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

11 ‘national security letter’ has the meaning given that 

12 term under section 603.’’. 

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

14 of contents, as amended by sections 402 and 602 of this 

15 Act, is further amended by inserting after the item relat16 ing to section 603, as added by section 602 of this Act, 

17 the following new item: 

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

18 SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, OR19 DERS, AND OPINIONS OF THE FOREIGN IN20 TELLIGENCE SURVEILLANCE COURT AND 

21 THE FOREIGN INTELLIGENCE SURVEIL22 LANCE COURT OF REVIEW. 

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

24 to read as follows: 


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

2 which the Foreign Intelligence Surveillance Court or 

3 the Foreign Intelligence Surveillance Court of Re4 view issues a decision, order, or opinion, including 

5 any denial or modification of an application under 

6 this Act, that includes significant construction or in7 terpretation of any provision of law or results in a 

8 change of application of any provision of this Act or 

9 a novel application of any provision of this Act, a 

10 copy of such decision, order, or opinion and any 

11 pleadings, applications, or memoranda of law associ12 ated with such decision, order, or opinion; and’’. 

13 SEC. 605. SUBMISSION OF REPORTS UNDER FISA. 

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

15 (50 U.S.C. 1808(a)(1)) is amended by striking ‘‘the 

16 House Permanent Select Committee on Intelligence and 

17 the Senate Select Committee on Intelligence, and the 

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

19 ‘‘the Permanent Select Committee on Intelligence and the 

20 Committee on the Judiciary of the House of Representa21 tives and the Select Committee on Intelligence and the 

22 Committee on the Judiciary of the Senate’’. 

23 (b) PHYSICAL SEARCHES.—The matter preceding 

24 paragraph (1) of section 306 (50 U.S.C. 1826) is amend25 ed— 


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1 (1) in the first sentence, by striking ‘‘Perma2 nent Select Committee on Intelligence of the House 

3 of Representatives and the Select Committee on In4 telligence of the Senate, and the Committee on the 

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

6 Select Committee on Intelligence and the Committee 

7 on the Judiciary of the House of Representatives 

8 and the Select Committee on Intelligence and the 

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

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

11 Committee on the Judiciary of the House of Rep12 resentatives’’. 

13 (c) PEN REGISTERS AND TRAP AND TRACE DE14 VICES.—Section 406(b) (50 U.S.C. 1846(b)) is amend15 ed— 

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

17 inserting a semicolon; 

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

19 inserting a semicolon; and 

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

21 paragraphs: 

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

23 which the Attorney General or a designated attorney 

24 for the Government has made an application for an 

25 order authorizing or approving the installation and 


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

2 this title; and 

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

4 paragraph (4), each number described in paragraphs 

5 (1), (2), and (3).’’. 

6 (d) ACCESS TO CERTAIN BUSINESS RECORDS AND

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

8 1862(a)) is amended by striking ‘‘Permanent Select Com9 mittee on Intelligence of the House of Representatives and 

10 the Select Committee on Intelligence and the Committee 

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

12 Select Committee on Intelligence and the Committee on 

13 the Judiciary of the House of Representatives and the Se14 lect Committee on Intelligence and the Committee on the 

15 Judiciary of the Senate’’. 

16 TITLE VII—SUNSETS 

17 SEC. 701. SUNSETS. 

18 (a) USA PATRIOT IMPROVEMENT AND REAUTHOR19 IZATION ACT OF 2005.—Section 102(b)(1) of the USA 

20 PATRIOT Improvement and Reauthorization Act of 2005 

21 (50 U.S.C. 1805 note) is amended by striking ‘‘June 1, 

22 2015’’ and inserting ‘‘December 31, 2017’’. 

23 (b) INTELLIGENCE REFORM AND TERRORISM PRE24 VENTION ACT OF 2004.—Section 6001(b)(1) of the Intel25 ligence Reform and Terrorism Prevention Act of 2004 (50 


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97 

•S 2685 PCS

1 U.S.C. 1801 note) is amended by striking ‘‘June 1, 2015’’ 

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


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Calendar No. 499 

113TH CONGRESS 

2D SESSION S. 2685 

A BILL 

To reform the authorities of the Federal Governposes, and for other purposes. intelligence, counterterrorism, and criminal pur- other forms of information gathering for foreign pen registers and trap and trace devices, and use ness records, conduct electronic surveillance, use ment to require the production of certain busiJULY 30, 2014 

Read the second time and placed on the calendar 


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