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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2685 Placed on Calendar Senate (PCS)]

                                                       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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uniting and 
Strengthening America by Fulfilling Rights and Ensuring Effective 
Discipline Over Monitoring Act of 2014'' or the ``USA FREEDOM Act of 
2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 
                            1978.
                 TITLE I--FISA BUSINESS RECORDS REFORMS

Sec. 101. Additional requirements for call detail records.
Sec. 102. Emergency authority.
Sec. 103. Prohibition on bulk collection of tangible things.
Sec. 104. Judicial review.
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.
         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.

SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

                 TITLE I--FISA BUSINESS RECORDS REFORMS

SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.

    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``a statement'' and inserting ``in the case of an 
                application other than an application described in 
                subparagraph (C) (including an application for the 
                production of call detail records other than in the 
                manner described in subparagraph (C)), a statement''; 
                and
                    (B) in clause (iii), by striking ``; and'' and 
                inserting a semicolon;
            (2) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (D), respectively; and
            (3) by inserting after subparagraph (B) (as so 
        redesignated) the following new subparagraph:
                    ``(C) in the case of an application for the 
                production on a daily basis of call detail records 
                created before, on, or after the date of the 
                application relating to an authorized investigation 
                (other than a threat assessment) conducted in 
                accordance with subsection (a)(2) to protect against 
                international terrorism, a statement of facts showing 
                that--
                            ``(i) there are reasonable grounds to 
                        believe that the call detail records sought to 
                        be produced based on the specific selection 
                        term required under subparagraph (A) are 
                        relevant to such investigation; and
                            ``(ii) there is a reasonable, articulable 
                        suspicion that such specific selection term is 
                        associated with a foreign power engaged in 
                        international terrorism or activities in 
                        preparation therefor, or an agent of a foreign 
                        power engaged in international terrorism or 
                        activities in preparation therefor; and''.
    (b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended--
            (1) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (E), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) in the case of an application described in 
                subsection (b)(2)(C), shall--
                            ``(i) authorize the production on a daily 
                        basis of call detail records for a period not 
                        to exceed 180 days;
                            ``(ii) provide that an order for such 
                        production may be extended upon application 
                        under subsection (b) and the judicial finding 
                        under paragraph (1) of this subsection;
                            ``(iii) provide that the Government may 
                        require the prompt production of call detail 
                        records--
                                    ``(I) using the specific selection 
                                term that satisfies the standard 
                                required under subsection (b)(2)(C)(ii) 
                                as the basis for production; and
                                    ``(II) using call detail records 
                                with a direct connection to such 
                                specific selection term as the basis 
                                for production of a second set of call 
                                detail records;
                            ``(iv) provide that, when produced, such 
                        records be in a form that will be useful to the 
                        Government;
                            ``(v) direct each person the Government 
                        directs to produce call detail records under 
                        the order to furnish the Government forthwith 
                        all information, facilities, or technical 
                        assistance necessary to accomplish the 
                        production in such a manner as will protect the 
                        secrecy of the production and produce a minimum 
                        of interference with the services that such 
                        person is providing to each subject of the 
                        production; and
                            ``(vi) direct the Government to--
                                    ``(I) adopt minimization procedures 
                                that require the prompt destruction of 
                                all call detail records produced under 
                                the order that the Government 
                                determines are not foreign intelligence 
                                information; and
                                    ``(II) destroy all call detail 
                                records produced under the order as 
                                prescribed by such procedures.''.

SEC. 102. EMERGENCY AUTHORITY.

    (a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding 
at the end the following new subsection:
    ``(i) Emergency Authority for Production of Tangible Things.--
            ``(1) Notwithstanding any other provision of this section, 
        the Attorney General may require the emergency production of 
        tangible things if the Attorney General--
                    ``(A) reasonably determines that an emergency 
                situation requires the production of tangible things 
                before an order authorizing such production can with 
                due diligence be obtained;
                    ``(B) reasonably determines that the factual basis 
                for the issuance of an order under this section to 
                approve such production of tangible things exists;
                    ``(C) informs, either personally or through a 
                designee, a judge having jurisdiction under this 
                section at the time the Attorney General requires the 
                emergency production of tangible things that the 
                decision has been made to employ the authority under 
                this subsection; and
                    ``(D) makes an application in accordance with this 
                section to a judge having jurisdiction under this 
                section as soon as practicable, but not later than 7 
                days after the Attorney General requires the emergency 
                production of tangible things under this subsection.
            ``(2) If the Attorney General authorizes the emergency 
        production of tangible things under paragraph (1), the Attorney 
        General shall require that the minimization procedures required 
        by this section for the issuance of a judicial order be 
        followed.
            ``(3) In the absence of a judicial order approving the 
        production of tangible things under this subsection, the 
        production shall terminate when the information sought is 
        obtained, when the application for the order is denied, or 
        after the expiration of 7 days from the time the Attorney 
        General begins requiring the emergency production of such 
        tangible things, whichever is earliest.
            ``(4) A denial of the application made under this 
        subsection may be reviewed as provided in section 103.
            ``(5) If such application for approval is denied, or in any 
        other case where the production of tangible things is 
        terminated and no order is issued approving the production, no 
        information obtained or evidence derived from such production 
        shall be received in evidence or otherwise disclosed in any 
        trial, hearing, or other proceeding in or before any court, 
        grand jury, department, office, agency, regulatory body, 
        legislative committee, or other authority of the United States, 
        a State, or a political subdivision thereof, and no information 
        concerning any United States person acquired from such 
        production shall subsequently be used or disclosed in any other 
        manner by Federal officers or employees without the consent of 
        such person, except with the approval of the Attorney General 
        if the information indicates a threat of death or serious 
        bodily harm to any person.
            ``(6) The Attorney General shall assess compliance with the 
        requirements of paragraph (5).''.
    (b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``pursuant to an order'' and inserting 
                ``pursuant to an order issued or an emergency 
                production required'';
                    (B) in subparagraph (A), by striking ``such order'' 
                and inserting ``such order or such emergency 
                production''; and
                    (C) in subparagraph (B), by striking ``the order'' 
                and inserting ``the order or the emergency 
                production''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``an order'' 
                and inserting ``an order or emergency production''; and
                    (B) in subparagraph (B), by striking ``an order'' 
                and inserting ``an order or emergency production''.

SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS.

    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as 
amended by section 101(a) of this Act, is further amended by inserting 
before subparagraph (B), as redesignated by such section 101(a) of this 
Act, the following new subparagraph:
                    ``(A) a specific selection term to be used as the 
                basis for the production of the tangible things 
                sought;''.
    (b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended--
            (1) in paragraph (2)(A), by striking the semicolon and 
        inserting ``, including each specific selection term to be used 
        as the basis for the production;''; and
            (2) by adding at the end the following new paragraph:
    ``(3) No order issued under this subsection may authorize the 
collection of tangible things without the use of a specific selection 
term that meets the requirements of subsection (b)(2).''.
    (c) Minimization Procedures.--Section 501(g)(2) (50 U.S.C. 
1861(g)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) by redesignating subparagraph (C) as subparagraph (D);
            (3) by inserting after subparagraph (B) the following:
                    ``(C) for orders in which the specific selection 
                term does not specifically identify an individual, 
                account, or personal device, procedures that prohibit 
                the dissemination, and require the destruction within a 
                reasonable time period (which time period shall be 
                specified in the order), of any tangible thing or 
                information therein that has not been determined to 
                relate to a person who is--
                            ``(i) a subject of an authorized 
                        investigation;
                            ``(ii) a foreign power or a suspected agent 
                        of a foreign power;
                            ``(iii) reasonably likely to have 
                        information about the activities of--
                                    ``(I) a subject of an authorized 
                                investigation; or
                                    ``(II) a suspected agent of a 
                                foreign power who is associated with a 
                                subject of an authorized investigation; 
                                or
                            ``(iv) in contact with or known to--
                                    ``(I) a subject of an authorized 
                                investigation; or
                                    ``(II) a suspected agent of a 
                                foreign power who is associated with a 
                                subject of an authorized investigation,
                unless the tangible thing or information therein 
                indicates a threat of death or serious bodily harm to 
                any person or is disseminated to another element of the 
                intelligence community for the sole purpose of 
                determining whether the tangible thing or information 
                therein relates to a person who is described in clause 
                (i), (ii), (iii), or (iv); and''; and
            (4) in subparagraph (D), as so redesignated, by striking 
        ``(A) and (B)'' and inserting ``(A), (B), and (C)''.

SEC. 104. JUDICIAL REVIEW.

    (a) Minimization Procedures.--
            (1) Judicial review.--Section 501(c)(1) (50 U.S.C. 
        1861(c)(1)) is amended by inserting after ``subsections (a) and 
        (b)'' the following: ``and that the minimization procedures 
        submitted in accordance with subsection (b)(2)(D) meet the 
        definition of minimization procedures under subsection (g)''.
            (2) Technical and conforming amendment.--Section 501(g)(1) 
        (50 U.S.C. 1861(g)(1)) is amended--
                    (A) by striking ``Not later than 180 days after the 
                date of the enactment of the USA PATRIOT Improvement 
                and Reauthorization Act of 2005, the'' and inserting 
                ``The''; and
                    (B) by inserting after ``adopt'' the following: ``, 
                and update as appropriate,''.
    (b) Orders.--Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) by striking ``that order'' and inserting ``the 
                production order or any nondisclosure order imposed in 
                connection with the production order''; and
                    (B) by striking the second sentence; and
            (2) in subparagraph (C)--
                    (A) by striking clause (ii); and
                    (B) by redesignating clause (iii) as clause (ii).

SEC. 105. LIABILITY PROTECTION.

    Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:
    ``(e)(1) No cause of action shall lie in any court against a person 
who--
            ``(A) produces tangible things or provides information, 
        facilities, or technical assistance in accordance with an order 
        issued or an emergency production required under this section; 
        or
            ``(B) otherwise provides technical assistance to the 
        Government under this section or to implement the amendments 
        made to this section by the USA FREEDOM Act of 2014.
    ``(2) A production or provision of information, facilities, or 
technical assistance described in paragraph (1) shall not be deemed to 
constitute a waiver of any privilege in any other proceeding or 
context.''.

SEC. 106. COMPENSATION FOR ASSISTANCE.

    Section 501 (50 U.S.C. 1861), as amended by section 102 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(j) Compensation.--The Government shall compensate a person for 
reasonable expenses incurred for--
            ``(1) producing tangible things or providing information, 
        facilities, or assistance in accordance with an order issued 
        with respect to an application described in subsection 
        (b)(2)(C) or an emergency production under subsection (i) that, 
        to comply with subsection (i)(1)(D), requires an application 
        described in subsection (b)(2)(C); or
            ``(2) otherwise providing technical assistance to the 
        Government under this section or to implement the amendments 
        made to this section by the USA FREEDOM Act of 2014.''.

SEC. 107. DEFINITIONS.

    Section 501 (50 U.S.C. 1861), as amended by section 106 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(k) Definitions.--In this section:
            ``(1) Address.--The term `address' means a physical address 
        or electronic address, such as an electronic mail address, 
        temporarily assigned network address, or Internet protocol 
        address.
            ``(2) Call detail record.--The term `call detail record'--
                    ``(A) means session identifying information 
                (including an originating or terminating telephone 
                number, an International Mobile Subscriber Identity 
                number, or an International Mobile Station Equipment 
                Identity number), a telephone calling card number, or 
                the time or duration of a call; and
                    ``(B) does not include--
                            ``(i) the contents (as defined in section 
                        2510(8) of title 18, United States Code) of any 
                        communication;
                            ``(ii) the name, address, or financial 
                        information of a subscriber or customer; or
                            ``(iii) cell site location information.
            ``(3) Specific selection term.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `specific selection term'--
                            ``(i) means a term that specifically 
                        identifies a person, account, address, or 
                        personal device, or another specific 
                        identifier, that is used by the Government to 
                        narrowly limit the scope of tangible things 
                        sought to the greatest extent reasonably 
                        practicable, consistent with the purpose for 
                        seeking the tangible things; and
                            ``(ii) does not include a term that does 
                        not narrowly limit the scope of the tangible 
                        things sought to the greatest extent reasonably 
                        practicable, consistent with the purpose for 
                        seeking the tangible things, such as--
                                    ``(I) a term based on a broad 
                                geographic region, including a city, 
                                State, zip code, or area code, when not 
                                used as part of a specific identifier 
                                as described in clause (i); or
                                    ``(II) a term identifying an 
                                electronic communication service 
                                provider (as that term is defined in 
                                section 701) or a provider of remote 
                                computing service (as that term is 
                                defined in section 2711 of title 18, 
                                United States Code), when not used as 
                                part of a specific identifier as 
                                described in clause (i), unless the 
                                provider is itself a subject of an 
                                authorized investigation for which the 
                                specific selection term is used as the 
                                basis of production.
                    ``(B) Call detail record applications.--For 
                purposes of an application submitted under subsection 
                (b)(2)(C), the term `specific selection term' means a 
                term that specifically identifies an individual, 
                account, or personal device.''.

SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.

    Section 106A of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``and calendar 
                years 2012 through 2014'' after ``2006'';
                    (B) by striking paragraphs (2) and (3);
                    (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3) (as so redesignated)--
                            (i) by striking subparagraph (C) and 
                        inserting the following new subparagraph:
                    ``(C) with respect to calendar years 2012 through 
                2014, an examination of the minimization procedures 
                used in relation to orders under section 501 of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1861) and whether the minimization procedures 
                adequately protect the constitutional rights of United 
                States persons;''; and
                            (ii) in subparagraph (D), by striking ``(as 
                        such term is defined in section 3(4) of the 
                        National Security Act of 1947 (50 U.S.C. 
                        401a(4)))'';
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(3) Calendar years 2012 through 2014.--Not later than 
        December 31, 2015, the Inspector General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the audit conducted under subsection 
        (a) for calendar years 2012 through 2014.'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (4) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Intelligence Assessment.--
            ``(1) In general.--For the period beginning on January 1, 
        2012, and ending on December 31, 2014, the Inspector General of 
        the Intelligence Community shall assess--
                    ``(A) the importance of the information acquired 
                under title V of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1861 et seq.) to the activities 
                of the intelligence community;
                    ``(B) the manner in which that information was 
                collected, retained, analyzed, and disseminated by the 
                intelligence community;
                    ``(C) the minimization procedures used by elements 
                of the intelligence community under such title and 
                whether the minimization procedures adequately protect 
                the constitutional rights of United States persons; and
                    ``(D) any minimization procedures proposed by an 
                element of the intelligence community under such title 
                that were modified or denied by the court established 
                under section 103(a) of such Act (50 U.S.C. 1803(a)).
            ``(2) Submission date for assessment.--Not later than 180 
        days after the date on which the Inspector General of the 
        Department of Justice submits the report required under 
        subsection (c)(3), the Inspector General of the Intelligence 
        Community shall submit to the Committee on the Judiciary and 
        the Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the assessment for calendar years 
        2012 through 2014.'';
            (5) in subsection (e), as redesignated by paragraph (3)--
                    (A) in paragraph (1)--
                            (i) by striking ``a report under subsection 
                        (c)(1) or (c)(2)'' and inserting ``any report 
                        under subsection (c) or (d)''; and
                            (ii) by striking ``Inspector General of the 
                        Department of Justice'' and inserting 
                        ``Inspector General of the Department of 
                        Justice, the Inspector General of the 
                        Intelligence Community, and any Inspector 
                        General of an element of the intelligence 
                        community that prepares a report to assist the 
                        Inspector General of the Department of Justice 
                        or the Inspector General of the Intelligence 
                        Community in complying with the requirements of 
                        this section''; and
                    (B) in paragraph (2), by striking ``the reports 
                submitted under subsections (c)(1) and (c)(2)'' and 
                inserting ``any report submitted under subsection (c) 
                or (d)'';
            (6) in subsection (f), as redesignated by paragraph (3)--
                    (A) by striking ``The reports submitted under 
                subsections (c)(1) and (c)(2)'' and inserting ``Each 
                report submitted under subsection (c)''; and
                    (B) by striking ``subsection (d)(2)'' and inserting 
                ``subsection (e)(2)''; and
            (7) by adding at the end the following new subsection:
    ``(g) Definitions.--In this section:
            ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            ``(2) United states person.--The term `United States 
        person' has the meaning given that term in section 101 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801).''.

SEC. 109. EFFECTIVE DATE.

    (a) In General.--The amendments made by sections 101 through 103 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to alter or eliminate the authority of the Government to obtain an 
order under title V of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861 et seq.) as in effect prior to the effective date 
described in subsection (a) during the period ending on such effective 
date.

SEC. 110. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to authorize the production 
of the contents (as such term is defined in section 2510(8) of title 
18, United States Code) of any electronic communication from an 
electronic communication service provider (as such term is defined in 
section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881(b)(4)) under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).

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

SEC. 201. PROHIBITION ON BULK COLLECTION.

    (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2)--
                    (A) by striking ``a certification by the 
                applicant'' and inserting ``a statement of the facts 
                and circumstances relied upon by the applicant to 
                justify the belief of the applicant''; and
                    (B) by striking the period and inserting ``; and''; 
                and
            (3) by adding at the end the following new paragraph:
            ``(3) a specific selection term to be used as the basis for 
        the installation or use of the pen register or trap and trace 
        device.''.
    (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding 
at the end the following new paragraph:
            ``(4)(A) The term `specific selection term'--
                    ``(i) means a term that specifically identifies a 
                person, account, address, or personal device, or 
                another specific identifier, that is used by the 
                Government to narrowly limit the scope of information 
                sought to the greatest extent reasonably practicable, 
                consistent with the purpose for the installation or use 
                of the pen register or trap and trace device; and
                    ``(ii) does not include a term that does not 
                narrowly limit the scope of information sought to the 
                greatest extent reasonably practicable, consistent with 
                the purpose for the installation or use of the pen 
                register or trap and trace device, such as--
                            ``(I) a term based on a broad geographic 
                        region, including a city, State, zip code, or 
                        area code, when not used as part of a specific 
                        identifier as described in clause (i); or
                            ``(II) a term identifying an electronic 
                        communication service provider (as defined in 
                        section 701) or a provider of remote computing 
                        service (as that term is defined in section 
                        2711 of title 18, United States Code), when not 
                        used as part of a specific identifier as 
                        described in clause (i), unless the provider is 
                        itself a subject of an authorized investigation 
                        for which the specific selection term is used 
                        as the basis for the installation or use of the 
                        pen register or trap and trace device.
            ``(B) For purposes of subparagraph (A), the term `address' 
        means a physical address or electronic address, such as an 
        electronic mail address, temporarily assigned network address, 
        or Internet protocol address.''.

SEC. 202. PRIVACY PROCEDURES.

    (a) In General.--Section 402 (50 U.S.C. 1842) is amended by adding 
at the end the following new subsection:
    ``(h) Privacy Procedures.--
            ``(1) In general.--The Attorney General shall ensure that 
        appropriate policies and procedures are in place to safeguard 
        nonpublicly available information concerning United States 
        persons that is collected through the use of a pen register or 
        trap and trace device installed under this section. Such 
        policies and procedures shall, to the maximum extent 
        practicable and consistent with the need to protect national 
        security, include privacy protections that apply to the 
        collection, retention, and use of information concerning United 
        States persons.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to limit the authority of the court 
        established under section 103(a) or of the Attorney General to 
        impose additional privacy or minimization procedures with 
        regard to the installation or use of a pen register or trap and 
        trace device.
            ``(3) Compliance assessment.--At or before the end of the 
        period of time for which the installation and use of a pen 
        register or trap and trace device is approved under an order or 
        an extension under this section, the judge may assess 
        compliance with the privacy procedures required by this 
        subsection by reviewing the circumstances under which 
        information concerning United States persons was collected, 
        retained, or disseminated.''.
    (b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is amended 
by adding at the end the following new subsection:
    ``(d) Privacy Procedures.--Information collected through the use of 
a pen register or trap and trace device installed under this section 
shall be subject to the policies and procedures required under section 
402(h).''.

   TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED 
                             STATES REFORMS

SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

    Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at 
the end the following new subparagraph:
                    ``(D) Limitation on use of information.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if the Court orders a correction 
                        of a deficiency in a certification or 
                        procedures under subparagraph (B), no 
                        information obtained or evidence derived 
                        pursuant to the part of the certification or 
                        procedures that has been identified by the 
                        Court as deficient concerning any United States 
                        person shall be received in evidence or 
                        otherwise disclosed in any trial, hearing, or 
                        other proceeding in or before any court, grand 
                        jury, department, office, agency, regulatory 
                        body, legislative committee, or other authority 
                        of the United States, a State, or political 
                        subdivision thereof, and no information 
                        concerning any United States person acquired 
                        pursuant to such part of such certification or 
                        procedures shall subsequently be used or 
                        disclosed in any other manner by Federal 
                        officers or employees without the consent of 
                        the United States person, except with the 
                        approval of the Attorney General if the 
                        information indicates a threat of death or 
                        serious bodily harm to any person.
                            ``(ii) Exception.--If the Government 
                        corrects any deficiency identified by the order 
                        of the Court under subparagraph (B), the Court 
                        may permit the use or disclosure of information 
                        obtained before the date of the correction 
                        under such minimization procedures as the Court 
                        shall establish for purposes of this clause.''.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

SEC. 401. APPOINTMENT OF AMICUS CURIAE.

    Section 103 (50 U.S.C. 1803) is amended by adding at the end the 
following new subsection:
    ``(i) Amicus Curiae.--
            ``(1) Appointment of special advocates.--In consultation 
        with the Privacy and Civil Liberties Oversight Board, the 
        presiding judges of the courts established under subsections 
        (a) and (b) shall, not later than 180 days after the enactment 
        of this subsection, jointly appoint not fewer than 5 attorneys 
        to serve as special advocates, who shall serve pursuant to 
        rules the presiding judges may establish. Such individuals 
        shall be persons who possess expertise in privacy and civil 
        liberties, intelligence collection, telecommunications, or any 
        other relevant area of expertise and who are determined to be 
        eligible for access to classified information necessary to 
        participate in matters before the courts.
            ``(2) Authorization.--A court established under subsection 
        (a) or (b), consistent with the requirement of subsection (c) 
        and any other statutory requirement that the court act 
        expeditiously or within a stated time--
                    ``(A) shall designate a special advocate to serve 
                as amicus curiae to assist such court in the 
                consideration of any certification pursuant to 
                subsection (j) or any application for an order or 
                review that, in the opinion of the court, presents a 
                novel or significant interpretation of the law, unless 
                the court issues a written finding that such 
                appointment is not appropriate; and
                    ``(B) may designate or allow an individual or 
                organization to serve as amicus curiae or to provide 
                technical expertise in any other instance as such court 
                deems appropriate.
            ``(3) Rule of construction.--An application for an order or 
        review shall be considered to present a novel or significant 
        interpretation of the law if such application involves 
        application of settled law to novel technologies or 
        circumstances, or any other novel or significant construction 
        or interpretation of any provision of law or of the 
        Constitution of the United States, including any novel and 
        significant interpretation of the term `specific selection 
        term'.
            ``(4) Duties.--
                    ``(A) In general.--If a court established under 
                subsection (a) or (b) designates a special advocate to 
                participate as an amicus curiae in a proceeding, the 
                special advocate--
                            ``(i) shall advocate, as appropriate, in 
                        support of legal interpretations that advance 
                        individual privacy and civil liberties;
                            ``(ii) shall have access to all relevant 
                        legal precedent, and any application, 
                        certification, petition, motion, or such other 
                        materials as are relevant to the duties of the 
                        special advocate;
                            ``(iii) may consult with any other special 
                        advocates regarding information relevant to any 
                        assigned case, including sharing relevant 
                        materials; and
                            ``(iv) may request that the court appoint 
                        technical and subject matter experts, not 
                        employed by the Government, to be available to 
                        assist the special advocate in performing the 
                        duties of the special advocate.
                    ``(B) Briefings or access to materials.--The 
                Attorney General shall periodically brief or provide 
                relevant materials to special advocates regarding 
                constructions and interpretations of this Act and 
                legal, technological and other issues related to 
                actions authorized by this Act.
                    ``(C) Access to classified information.--
                            ``(i) In general.--A special advocate, 
                        experts appointed to assist a special advocate, 
                        or any other amicus or technical expert 
                        appointed by the court may have access to 
                        classified documents, information, and other 
                        materials or proceedings only if that 
                        individual is eligible for access to classified 
                        information and to the extent consistent with 
                        the national security of the United States.
                            ``(ii) Rule of construction.--Nothing in 
                        this section shall be construed to require the 
                        Government to provide information to a special 
                        advocate, other amicus, or technical expert 
                        that is privileged from disclosure.
            ``(5) Notification.--The presiding judges of the courts 
        established under subsections (a) and (b) shall notify the 
        Attorney General of each exercise of the authority to appoint 
        an individual to serve as amicus curiae under paragraph (1).
            ``(6) Assistance.--A court established under subsection (a) 
        or (b) may request and receive (including on a non-reimbursable 
        basis) the assistance of the executive branch in the 
        implementation of this subsection.
            ``(7) Administration.--A court established under subsection 
        (a) or (b) may provide for the designation, appointment, 
        removal, training, or other support for an individual appointed 
        to serve as a special advocate under paragraph (1) in a manner 
        that is not inconsistent with this subsection.
    ``(j) Review of FISA Court Decisions.--After issuing an order, a 
court established under subsection (a) shall certify for review to the 
court established under subsection (b) any question of law that the 
court determines warrants such review because of a need for uniformity 
or because consideration by the court established under subsection (b) 
would serve the interests of justice. Upon certification of a question 
of law under this paragraph, the court established under subsection (b) 
may give binding instructions or require the entire record to be sent 
up for decision of the entire matter in controversy.
    ``(k) Review of FISA Court of Review Decisions.--
            ``(1) Certification.--For any decision issued by the court 
        of review established under subsection (b) approving, in whole 
        or in part, an application by the Government under this Act, 
        such court may certify at any time, including after a decision, 
        a question of law to be reviewed by the Supreme Court of the 
        United States.
            ``(2) Special advocate briefing.--Upon certification of an 
        application under paragraph (1), the court of review 
        established under subsection (b) may designate a special 
        advocate to provide briefing as prescribed by the Supreme 
        Court.
            ``(3) Review.--The Supreme Court may review any question of 
        law certified under paragraph (1) by the court of review 
        established under subsection (b) in the same manner as the 
        Supreme Court reviews questions certified under section 1254(2) 
        of title 28, United States Code.
    ``(l) Payment for Service as Special Advocate.--A special advocate 
designated in a proceeding pursuant to subsection (i)(2)(A) of this 
section may seek, at the conclusion of the proceeding in which the 
special advocate was designated, compensation for services provided 
pursuant to the designation. A special advocate seeking compensation 
shall be compensated in an amount reflecting fair compensation for the 
services provided, as determined by the court designating the special 
advocate and approved by the presiding judges of the courts established 
under subsections (a) and (b).
    ``(m) Appropriations.--There are authorized to be appropriated to 
the United States courts such sums as may be necessary to carry out the 
provisions of this section. When so specified in appropriation acts, 
such appropriations shall remain available until expended. Payments 
from such appropriations shall be made under the supervision of the 
Director of the Administrative Office of the United States Courts.''.

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

    (a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is 
amended--
            (1) in the heading, by striking ``REPORTING REQUIREMENT'' 
        and inserting ``OVERSIGHT''; and
            (2) by adding at the end the following new section:

``SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND 
              OPINIONS.

    ``(a) Declassification Required.--Subject to subsection (b), the 
Director of National Intelligence, in consultation with the Attorney 
General, shall conduct a declassification review of each decision, 
order, or opinion issued by the Foreign Intelligence Surveillance Court 
or the Foreign Intelligence Surveillance Court of Review (as defined in 
section 601(e)) that includes a significant construction or 
interpretation of law, including any novel or significant construction 
or interpretation of the term `specific selection term', and, 
consistent with that review, make publicly available to the greatest 
extent practicable each such decision, order, or opinion.
    ``(b) Redacted Form.--The Director of National Intelligence, in 
consultation with the Attorney General, may satisfy the requirement 
under subsection (a) to make a decision, order, or opinion described in 
such subsection publicly available to the greatest extent practicable 
by making such decision, order, or opinion publicly available in 
redacted form.
    ``(c) National Security Waiver.--The Director of National 
Intelligence, in consultation with the Attorney General, may waive the 
requirement to declassify and make publicly available a particular 
decision, order, or opinion under subsection (a) if--
            ``(1) the Director of National Intelligence, in 
        consultation with the Attorney General, determines that a 
        waiver of such requirement is necessary to protect the national 
        security of the United States or properly classified 
        intelligence sources or methods; and
            ``(2) the Director of National Intelligence makes publicly 
        available an unclassified statement prepared by the Attorney 
        General, in consultation with the Director of National 
        Intelligence--
                    ``(A) summarizing the significant construction or 
                interpretation of law, which shall include, to the 
                extent consistent with national security, each legal 
                question addressed by the decision and how such 
                question was resolved, in general terms the context in 
                which the matter arises, and a description of the 
                construction or interpretation of any statute, 
                constitutional provision, or other legal authority 
                relied on by the decision; and
                    ``(B) that specifies that the statement has been 
                prepared by the Attorney General and constitutes no 
                part of the opinion of the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review.''.
    (b) Table of Contents Amendments.--The table of contents in the 
first section is amended--
            (1) by striking the item relating to title VI and inserting 
        the following new item:

                        ``TITLE VI--OVERSIGHT'';

        and
            (2) by inserting after the item relating to section 601 the 
        following new item:

``Sec. 602. Declassification of significant decisions, orders, and 
                            opinions.''.

                TITLE V--NATIONAL SECURITY LETTER REFORM

SEC. 501. PROHIBITION ON BULK COLLECTION.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709(b) of title 18, United States Code, is amended 
in the matter preceding paragraph (1) by striking ``may'' and inserting 
``may, using a term that specifically identifies a person, entity, 
telephone number, or account as the basis for a request''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114(a)(2) of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the 
period and inserting ``and a term that specifically identifies a 
customer, entity, or account to be used as the basis for the production 
and disclosure of financial records.''.
    (c) Disclosures to FBI of Certain Consumer Records for 
Counterintelligence Purposes.--Section 626 of the Fair Credit Reporting 
Act (15 U.S.C. 1681u) is amended--
            (1) in subsection (a), by striking ``that information,'' 
        and inserting ``that information that includes a term that 
        specifically identifies a consumer or account to be used as the 
        basis for the production of that information,'';
            (2) in subsection (b), by striking ``written request,'' and 
        inserting ``written request that includes a term that 
        specifically identifies a consumer or account to be used as the 
        basis for the production of that information,''; and
            (3) in subsection (c), by inserting ``, which shall include 
        a term that specifically identifies a consumer or account to be 
        used as the basis for the production of the information,'' 
        after ``issue an order ex parte''.
    (d) Disclosures to Governmental Agencies for Counterterrorism 
Purposes of Consumer Reports.--Section 627(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681v(a)) is amended by striking ``analysis.'' 
and inserting ``analysis and that includes a term that specifically 
identifies a consumer or account to be used as the basis for the 
production of such information.''.

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

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, is amended by 
striking subsection (c) and inserting the following new subsection:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (d) is provided, no 
                wire or electronic communication service provider that 
                receives a request under subsection (b), or officer, 
                employee, or agent thereof, shall disclose to any 
                person that the Federal Bureau of Investigation has 
                sought or obtained access to information or records 
                under this section.
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that the absence of a prohibition of disclosure under 
                this subsection may result in--
                            ``(i) a danger to the national security of 
                        the United States;
                            ``(ii) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(iii) interference with diplomatic 
                        relations; or
                            ``(iv) danger to the life or physical 
                        safety of any person.
            ``(2) Exception.--
                    ``(A) In general.--A wire or electronic 
                communication service provider that receives a request 
                under subsection (b), or officer, employee, or agent 
                thereof, may disclose information otherwise subject to 
                any applicable nondisclosure requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (b) in the 
                same manner as the person to whom the request is 
                issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                notify the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom 
                such disclosure will be made or to whom such disclosure 
                was made prior to the request.
            ``(3) Termination.--
                    ``(A) In general.--In the case of any request under 
                subsection (b) for which a recipient has submitted a 
                notification to the Government under section 
                3511(b)(1)(A) or filed a petition for judicial review 
                under subsection (d)--
                            ``(i) an appropriate official of the 
                        Federal Bureau of Investigation shall, until 
                        termination of the nondisclosure requirement, 
                        review the facts supporting a nondisclosure 
                        requirement annually and upon closure of the 
                        investigation; and
                            ``(ii) if, upon a review under clause (i), 
                        the facts no longer support the nondisclosure 
                        requirement, an appropriate official of the 
                        Federal Bureau of Investigation shall promptly 
                        notify the wire or electronic service provider, 
                        or officer, employee, or agent thereof, subject 
                        to the nondisclosure requirement, and the court 
                        as appropriate, that the nondisclosure 
                        requirement is no longer in effect.
                    ``(B) Closure of investigation.--Upon closure of 
                the investigation--
                            ``(i) the Federal Bureau of Investigation 
                        may petition the court before which a 
                        notification or petition for judicial review 
                        under subsection (d) has been filed for a 
                        determination that disclosure may result in the 
                        harm described in clause (i), (ii), (iii), or 
                        (iv) of paragraph (1)(B), if it notifies the 
                        recipient of such petition;
                            ``(ii) the court shall review such a 
                        petition pursuant to the procedures under 
                        section 3511; and
                            ``(iii) if the court determines that there 
                        is reason to believe that disclosure may result 
                        in the harm described in clause (i), (ii), 
                        (iii), or (iv) of paragraph (1)(B), the Federal 
                        Bureau of Investigation shall no longer be 
                        required to conduct the annual review of the 
                        facts supporting the nondisclosure requirement 
                        under subparagraph (A).''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114 of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3414) is amended--
            (1) in subsection (a)(5), by striking subparagraph (D); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (d) is provided, no 
                financial institution that receives a request under 
                subsection (a), or officer, employee, or agent thereof, 
                shall disclose to any person that the Federal Bureau of 
                Investigation has sought or obtained access to 
                information or records under subsection (a).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that the absence of a prohibition of disclosure under 
                this subsection may result in--
                            ``(i) a danger to the national security of 
                        the United States;
                            ``(ii) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(iii) interference with diplomatic 
                        relations; or
                            ``(iv) danger to the life or physical 
                        safety of any person.
            ``(2) Exception.--
                    ``(A) In general.--A financial institution that 
                receives a request under subsection (a), or officer, 
                employee, or agent thereof, may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (a) in the 
                same manner as the person to whom the request is 
                issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom 
                such disclosure will be made or to whom such disclosure 
                was made prior to the request.
            ``(3) Termination.--
                    ``(A) In general.--In the case of any request under 
                subsection (a) for which a recipient has submitted a 
                notification to the Government under section 
                3511(b)(1)(A) of title 18, United States Code, or filed 
                a petition for judicial review under subsection (d)--
                            ``(i) an appropriate official of the 
                        Federal Bureau of Investigation shall, until 
                        termination of the nondisclosure requirement, 
                        review the facts supporting a nondisclosure 
                        requirement annually and upon closure of the 
                        investigation; and
                            ``(ii) if, upon a review under clause (i), 
                        the facts no longer support the nondisclosure 
                        requirement, an appropriate official of the 
                        Federal Bureau of Investigation shall promptly 
                        notify the financial institution, or officer, 
                        employee, or agent thereof, subject to the 
                        nondisclosure requirement, and the court as 
                        appropriate, that the nondisclosure requirement 
                        is no longer in effect.
                    ``(B) Closure of investigation.--Upon closure of 
                the investigation--
                            ``(i) the Federal Bureau of Investigation 
                        may petition the court before which a 
                        notification or petition for judicial review 
                        under subsection (d) has been filed for a 
                        determination that disclosure may result in the 
                        harm described in clause (i), (ii), (iii), or 
                        (iv) of paragraph (1)(B), if it notifies the 
                        recipient of such petition;
                            ``(ii) the court shall review such a 
                        petition pursuant to the procedures under 
                        section 3511 of title 18, United States Code; 
                        and
                            ``(iii) if the court determines that there 
                        is reason to believe that disclosure may result 
                        in the harm described in clause (i), (ii), 
                        (iii), or (iv) of paragraph (1)(B), the Federal 
                        Bureau of Investigation shall no longer be 
                        required to conduct the annual review of the 
                        facts supporting the nondisclosure requirement 
                        under subparagraph (A).''.
    (c) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by 
striking subsection (d) and inserting the following new subsection:
    ``(d) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (e) is provided, no 
                consumer reporting agency that receives a request under 
                subsection (a) or (b) or an order under subsection (c), 
                or officer, employee, or agent thereof, shall disclose 
                or specify in any consumer report, that the Federal 
                Bureau of Investigation has sought or obtained access 
                to information or records under subsection (a), (b), or 
                (c).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that the absence of a prohibition of disclosure under 
                this subsection may result in--
                            ``(i) a danger to the national security of 
                        the United States;
                            ``(ii) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(iii) interference with diplomatic 
                        relations; or
                            ``(iv) danger to the life or physical 
                        safety of any person.
            ``(2) Exception.--
                    ``(A) In general.--A consumer reporting agency that 
                receives a request under subsection (a) or (b) or an 
                order under subsection (c), or officer, employee, or 
                agent thereof, may disclose information otherwise 
                subject to any applicable nondisclosure requirement 
                to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request under subsection (a) or (b) or an order 
                under subsection (c) is issued in the same manner as 
                the person to whom the request is issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom 
                such disclosure will be made or to whom such disclosure 
                was made prior to the request.
            ``(3) Termination.--
                    ``(A) In general.--In the case of any request under 
                subsection (a) or (b) or order under subsection (c) for 
                which a recipient has submitted a notification to the 
                Government under section 3511(b)(1)(A) of title 18, 
                United States Code, or filed a petition for judicial 
                review under subsection (e)--
                            ``(i) an appropriate official of the 
                        Federal Bureau of Investigation shall, until 
                        termination of the nondisclosure requirement, 
                        review the facts supporting a nondisclosure 
                        requirement annually and upon closure of the 
                        investigation; and
                            ``(ii) if, upon a review under clause (i), 
                        the facts no longer support the nondisclosure 
                        requirement, an appropriate official of the 
                        Federal Bureau of Investigation shall promptly 
                        notify the consumer reporting agency, or 
                        officer, employee, or agent thereof, subject to 
                        the nondisclosure requirement, and the court as 
                        appropriate, that the nondisclosure requirement 
                        is no longer in effect.
                    ``(B) Closure of investigation.--Upon closure of 
                the investigation--
                            ``(i) the Federal Bureau of Investigation 
                        may petition the court before which a 
                        notification or petition for judicial review 
                        under subsection (e) has been filed for a 
                        determination that disclosure may result in the 
                        harm described in clause (i), (ii), (iii), or 
                        (iv) of paragraph (1)(B), if it notifies the 
                        recipient of such petition;
                            ``(ii) the court shall review such a 
                        petition pursuant to the procedures under 
                        section 3511 of title 18, United States Code; 
                        and
                            ``(iii) if the court determines that there 
                        is reason to believe that disclosure may result 
                        in the harm described in clause (i), (ii), 
                        (iii), or (iv) of paragraph (1)(B), the Federal 
                        Bureau of Investigation shall no longer be 
                        required to conduct the annual review of the 
                        facts supporting the nondisclosure requirement 
                        under subparagraph (A).''.
    (d) Consumer Reports.--Section 627 of the Fair Credit Reporting Act 
(15 U.S.C. 1681v) is amended by striking subsection (c) and inserting 
the following new subsection:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (d) is provided, no 
                consumer reporting agency that receives a request under 
                subsection (a), or officer, employee, or agent thereof, 
                shall disclose or specify in any consumer report, that 
                a government agency described in subsection (a) has 
                sought or obtained access to information or records 
                under subsection (a).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the head of the 
                government agency described in subsection (a), or a 
                designee, certifies that the absence of a prohibition 
                of disclosure under this subsection may result in--
                            ``(i) a danger to the national security of 
                        the United States;
                            ``(ii) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(iii) interference with diplomatic 
                        relations; or
                            ``(iv) danger to the life or physical 
                        safety of any person.
            ``(2) Exception.--
                    ``(A) In general.--A consumer reporting agency that 
                receives a request under subsection (a), or officer, 
                employee, or agent thereof, may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        head of the government agency described in 
                        subsection (a) or a designee.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request under subsection (a) is issued in the 
                same manner as the person to whom the request is 
                issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the head of the government agency 
                described in subsection (a) or a designee, any person 
                making or intending to make a disclosure under clause 
                (i) or (iii) of subparagraph (A) shall identify to the 
                head or such designee the person to whom such 
                disclosure will be made or to whom such disclosure was 
                made prior to the request.
            ``(3) Termination.--
                    ``(A) In general.--In the case of any request under 
                subsection (a) for which a recipient has submitted a 
                notification to the Government under section 
                3511(b)(1)(A) of title 18, United States Code, or filed 
                a petition for judicial review under subsection (d)--
                            ``(i) an appropriate official of the agency 
                        described in subsection (a) shall, until 
                        termination of the nondisclosure requirement, 
                        review the facts supporting a nondisclosure 
                        requirement annually and upon closure of the 
                        investigation; and
                            ``(ii) if, upon a review under clause (i), 
                        the facts no longer support the nondisclosure 
                        requirement, an appropriate official of the 
                        agency described in subsection (a) shall 
                        promptly notify the consumer reporting agency, 
                        or officer, employee, or agent thereof, subject 
                        to the nondisclosure requirement, and the court 
                        as appropriate, that the nondisclosure 
                        requirement is no longer in effect.
                    ``(B) Closure of investigation.--Upon closure of 
                the investigation--
                            ``(i) the agency described in subsection 
                        (a) may petition the court before which a 
                        notification or petition for judicial review 
                        under subsection (d) has been filed for a 
                        determination that disclosure may result in the 
                        harm described in clause (i), (ii), (iii), or 
                        (iv) of paragraph (1)(B), if it notifies the 
                        recipient of such petition;
                            ``(ii) the court shall review such a 
                        petition pursuant to the procedures under 
                        section 3511 of title 18, United States Code; 
                        and
                            ``(iii) if the court determines that there 
                        is reason to believe that disclosure may result 
                        in the harm described in clause (i), (ii), 
                        (iii), or (iv) of paragraph (1)(B), the agency 
                        described in subsection (1) shall no longer be 
                        required to conduct the annual review of the 
                        facts supporting the nondisclosure requirement 
                        under subparagraph (A).''.
    (e) Investigations of Persons With Access to Classified 
Information.--Section 802 of the National Security Act of 1947 (50 
U.S.C. 3162) is amended by striking subsection (b) and inserting the 
following new subsection:
    ``(b) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (c) is provided, no 
                governmental or private entity that receives a request 
                under subsection (a), or officer, employee, or agent 
                thereof, shall disclose to any person that an 
                authorized investigative agency described in subsection 
                (a) has sought or obtained access to information under 
                subsection (a).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the head of an 
                authorized investigative agency described in subsection 
                (a), or a designee, certifies that the absence of a 
                prohibition of disclosure under this subsection may 
                result in--
                            ``(i) a danger to the national security of 
                        the United States;
                            ``(ii) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(iii) interference with diplomatic 
                        relations; or
                            ``(iv) danger to the life or physical 
                        safety of any person.
            ``(2) Exception.--
                    ``(A) In general.--A governmental or private entity 
                that receives a request under subsection (a), or 
                officer, employee, or agent thereof, may disclose 
                information otherwise subject to any applicable 
                nondisclosure requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        head of the authorized investigative agency 
                        described in subsection (a) or a designee.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (a) in the 
                same manner as the person to whom the request is 
                issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the head of an authorized investigative 
                agency described in subsection (a), or a designee, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the head of the authorized investigative agency or 
                such designee the person to whom such disclosure will 
                be made or to whom such disclosure was made prior to 
                the request.
            ``(3) Termination.--
                    ``(A) In general.--In the case of any request for 
                which a recipient has submitted a notification to the 
                Government under section 3511(b)(1)(A) of title 18, 
                United States Code, or filed a petition for judicial 
                review under subsection (c)--
                            ``(i) an appropriate official of the 
                        authorized investigative agency making the 
                        request under subsection (a) shall, until 
                        termination of the nondisclosure requirement, 
                        review the facts supporting a nondisclosure 
                        requirement annually and upon closure of the 
                        investigation; and
                            ``(ii) if, upon a review under clause (i), 
                        the facts no longer support the nondisclosure 
                        requirement, an appropriate official of the 
                        authorized investigative agency making the 
                        request under subsection (a) shall promptly 
                        notify the recipient of the request, or 
                        officer, employee, or agent thereof, subject to 
                        the nondisclosure requirement, and the court as 
                        appropriate, that the nondisclosure requirement 
                        is no longer in effect.
                    ``(B) Closure of investigation.--Upon closure of 
                the investigation--
                            ``(i) the authorized investigative agency 
                        making the request under subsection (a) may 
                        petition the court before which a notification 
                        or petition for judicial review under 
                        subsection (c) has been filed for a 
                        determination that disclosure may result in the 
                        harm described in clause (i), (ii), (iii), or 
                        (iv) of paragraph (1)(B), if it notifies the 
                        recipient of such petition;
                            ``(ii) the court shall review such a 
                        petition pursuant to the procedures under 
                        section 3511 of title 18, United States Code; 
                        and
                            ``(iii) if the court determines that there 
                        is reason to believe that disclosure may result 
                        in the harm described in clause (i), (ii), 
                        (iii), or (iv) of paragraph (1)(B), the 
                        authorized investigative agency shall no longer 
                        be required to conduct the annual review of the 
                        facts supporting the nondisclosure requirement 
                        under subparagraph (A).''.
    (f) Judicial Review.--Section 3511 of title 18, United States Code, 
is amended by striking subsection (b) and inserting the following new 
subsection:
    ``(b) Nondisclosure.--
            ``(1) In general.--
                    ``(A) Notice.--If a recipient of a request or order 
                for a report, records, or other information under 
                section 2709 of this title, section 626 or 627 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), 
                section 1114 of the Right to Financial Privacy Act of 
                1978 (12 U.S.C. 3414), or section 802 of the National 
                Security Act of 1947 (50 U.S.C. 3162), wishes to have a 
                court review a nondisclosure requirement imposed in 
                connection with the request or order, the recipient may 
                notify the Government or file a petition for judicial 
                review in any court described in subsection (a).
                    ``(B) Application.--Not later than 30 days after 
                the date of receipt of a notification under 
                subparagraph (A), the Government shall apply for an 
                order prohibiting the disclosure of the existence or 
                contents of the relevant request or order. An 
                application under this subparagraph may be filed in the 
                district court of the United States for the judicial 
                district in which the recipient of the order is doing 
                business or in the district court of the United States 
                for any judicial district within which the authorized 
                investigation that is the basis for the request is 
                being conducted. The applicable nondisclosure 
                requirement shall remain in effect during the pendency 
                of proceedings relating to the requirement.
                    ``(C) Consideration.--A district court of the 
                United States that receives a petition under 
                subparagraph (A) or an application under subparagraph 
                (B) should rule expeditiously, and shall, subject to 
                paragraph (3), issue a nondisclosure order that 
                includes conditions appropriate to the circumstances.
            ``(2) Application contents.--An application for a 
        nondisclosure order or extension thereof or a response to a 
        petition filed under paragraph (1) shall include a 
        certification from the Attorney General, Deputy Attorney 
        General, an Assistant Attorney General, or the Director of the 
        Federal Bureau of Investigation, or a designee in a position 
        not lower than Deputy Assistant Director at Bureau headquarters 
        or a Special Agent in Charge in a Bureau field office 
        designated by the Director, or in the case of a request by a 
        department, agency, or instrumentality of the Federal 
        Government other than the Department of Justice, the head or 
        deputy head of the department, agency, or instrumentality, 
        containing a statement of specific facts indicating that the 
        absence of a prohibition of disclosure under this subsection 
        may result in--
                    ``(A) a danger to the national security of the 
                United States;
                    ``(B) interference with a criminal, 
                counterterrorism, or counterintelligence investigation;
                    ``(C) interference with diplomatic relations; or
                    ``(D) danger to the life or physical safety of any 
                person.
            ``(3) Standard.--A district court of the United States 
        shall issue a nondisclosure order or extension thereof under 
        this subsection if the court determines that there is reason to 
        believe that disclosure of the information subject to the 
        nondisclosure requirement during the applicable time period may 
        result in--
                    ``(A) a danger to the national security of the 
                United States;
                    ``(B) interference with a criminal, 
                counterterrorism, or counterintelligence investigation;
                    ``(C) interference with diplomatic relations; or
                    ``(D) danger to the life or physical safety of any 
                person.''.

SEC. 503. JUDICIAL REVIEW.

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

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF 
              BUSINESS RECORDS; BUSINESS RECORDS COMPLIANCE REPORTS TO 
              CONGRESS.

    Section 502(b) (50 U.S.C. 1862(b)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (6), (7), and (8), respectively; and
            (2) by inserting before paragraph (6) (as so redesignated) 
        the following new paragraphs:
            ``(1) a summary of all compliance reviews conducted by the 
        Government for the production of tangible things under section 
        501;
            ``(2) the total number of applications described in section 
        501(b)(2)(B) made for orders approving requests for the 
        production of tangible things;
            ``(3) the total number of such orders either granted, 
        modified, or denied;
            ``(4) the total number of applications described in section 
        501(b)(2)(C) made for orders approving requests for the 
        production of call detail records;
            ``(5) the total number of such orders either granted, 
        modified, or denied;''.

SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT.

    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
section 402 of this Act, is further amended by adding at the end the 
following new section:

``SEC. 603. ANNUAL REPORTS.

    ``(a) Report by Director of the Administrative Office of the United 
States Courts.--The Director of the Administrative Office of the United 
States Courts shall annually submit to the Permanent Select Committee 
on Intelligence and the Committee on the Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate, subject to a declassification 
review by the Attorney General and the Director of National 
Intelligence, a report, made publicly available on an Internet Web 
site, that includes--
            ``(1) the number of applications or certifications for 
        orders submitted under each of sections 105, 304, 402, 501, 
        702, 703, and 704;
            ``(2) the number of orders entered under each of those 
        sections;
            ``(3) the number of orders modified under each of those 
        sections;
            ``(4) the number of orders denied under each of those 
        sections;
            ``(5) the number of appointments of an individual to serve 
        as amicus curiae under section 103, including the name of each 
        individual appointed to serve as amicus curiae; and
            ``(6) the number of written findings issued under section 
        103(i) that such appointment is not appropriate and the text of 
        any such written findings.
    ``(b) Mandatory Reporting by Director of National Intelligence.--
            ``(1) In general.--Except as provided in subsection (e), 
        the Director of National Intelligence shall annually make 
        publicly available on an Internet Web site a report that 
        identifies, for the preceding 12-month period--
                    ``(A) the total number of orders issued pursuant to 
                titles I and III and sections 703 and 704 and a good 
                faith estimate of the number of targets of such orders;
                    ``(B) the total number of orders issued pursuant to 
                section 702 and a good faith estimate of--
                            ``(i) the number of targets of such orders;
                            ``(ii) the number of individuals whose 
                        communications were collected pursuant to such 
                        orders;
                            ``(iii) the number of individuals whose 
                        communications were collected pursuant to such 
                        orders who are reasonably believed to have been 
                        located in the United States at the time of 
                        collection;
                            ``(iv) the number of search terms that 
                        included information concerning a United States 
                        person that were used to query any database of 
                        the contents of electronic communications or 
                        wire communications obtained through the use of 
                        an order issued pursuant to section 702; and
                            ``(v) the number of search queries 
                        initiated by an officer, employee, or agent of 
                        the United States whose search terms included 
                        information concerning a United States person 
                        in any database of noncontents information 
                        relating to electronic communications or wire 
                        communications that were obtained through the 
                        use of an order issued pursuant to section 702;
                    ``(C) the total number of orders issued pursuant to 
                title IV and a good faith estimate of--
                            ``(i) the number of targets of such orders;
                            ``(ii) the number of individuals whose 
                        communications were collected pursuant to such 
                        orders; and
                            ``(iii) the number of individuals whose 
                        communications were collected pursuant to such 
                        orders who are reasonably believed to have been 
                        located in the United States at the time of 
                        collection;
                    ``(D) the total number of orders issued pursuant to 
                applications made under section 501(b)(2)(B) and a good 
                faith estimate of--
                            ``(i) the number of targets of such orders;
                            ``(ii) the number of individuals whose 
                        communications were collected pursuant to such 
                        orders; and
                            ``(iii) the number of individuals whose 
                        communications were collected pursuant to such 
                        orders who are reasonably believed to have been 
                        located in the United States at the time of 
                        collection;
                    ``(E) the total number of orders issued pursuant to 
                applications made under section 501(b)(2)(C) and a good 
                faith estimate of--
                            ``(i) the number of targets of such orders;
                            ``(ii) the number of individuals whose 
                        communications were collected pursuant to such 
                        orders;
                            ``(iii) the number of individuals whose 
                        communications were collected pursuant to such 
                        orders who are reasonably believed to have been 
                        located in the United States at the time of 
                        collection; and
                            ``(iv) the number of search terms that 
                        included information concerning a United States 
                        person that were used to query any database of 
                        call detail records obtained through the use of 
                        such orders; and
                    ``(F) the total number of national security letters 
                issued and the number of requests for information 
                contained within such national security letters.
            ``(2) Basis for reasonable belief individual is located in 
        united states.--A phone number registered in the United States 
        may provide the basis for a reasonable belief that the 
        individual using the phone number is located in the United 
        States at the time of collection.
    ``(c) Discretionary Reporting by Director of National 
Intelligence.--The Director of National Intelligence may annually make 
publicly available on an Internet Web site a report that identifies, 
for the preceding 12-month period--
            ``(1) a good faith estimate of the number of individuals 
        whose communications were collected pursuant to orders issued 
        pursuant to titles I and III and sections 703 and 704 
        reasonably believed to have been located in the United States 
        at the time of collection whose information was reviewed or 
        accessed by an officer, employee, or agent of the United 
        States;
            ``(2) a good faith estimate of the number of individuals 
        whose communications were collected pursuant to orders issued 
        pursuant to section 702 reasonably believed to have been 
        located in the United States at the time of collection whose 
        information was reviewed or accessed by an officer, employee, 
        or agent of the United States;
            ``(3) a good faith estimate of the number of individuals 
        whose communications were collected pursuant to orders issued 
        pursuant to title IV reasonably believed to have been located 
        in the United States at the time of collection whose 
        information was reviewed or accessed by an officer, employee, 
        or agent of the United States;
            ``(4) a good faith estimate of the number of individuals 
        whose communications were collected pursuant to orders issued 
        pursuant to applications made under section 501(b)(2)(B) 
        reasonably believed to have been located in the United States 
        at the time of collection whose information was reviewed or 
        accessed by an officer, employee, or agent of the United 
        States; and
            ``(5) a good faith estimate of the number of individuals 
        whose communications were collected pursuant to orders issued 
        pursuant to applications made under section 501(b)(2)(C) 
        reasonably believed to have been located in the United States 
        at the time of collection whose information was reviewed or 
        accessed by an officer, employee, or agent of the United 
        States.
    ``(d) Timing.--The annual reports required by subsections (a) and 
(b) and permitted by subsection (c) shall be made publicly available 
during April of each year and include information relating to the 
previous year.
    ``(e) Exceptions.--
            ``(1) Reporting by unique identifier.--If it is not 
        practicable to report the good faith estimates required by 
        subsection (b) and permitted by subsection (c) in terms of 
        individuals, the good faith estimates may be counted in terms 
        of unique identifiers, including names, account names or 
        numbers, addresses, or telephone or instrument numbers.
            ``(2) Statement of numerical range.--If a good faith 
        estimate required to be reported under clauses (ii) or (iii) of 
        each of subparagraphs (B), (C), (D), and (E) of paragraph (1) 
        of subsection (b) or permitted to be reported in subsection 
        (c), is fewer than 500, it shall exclusively be expressed as a 
        numerical range of `fewer than 500' and shall not be expressed 
        as an individual number.
            ``(3) Federal bureau of investigation.--Subparagraphs 
        (B)(iv), (B)(v), (D)(iii), (E)(iii), and (E)(iv) of paragraph 
        (1) of subsection (b) shall not apply to information or records 
        held by, or queries conducted by, the Federal Bureau of 
        Investigation.
            ``(4) Certification.--
                    ``(A) In general.--If the Director of National 
                Intelligence concludes that a good faith estimate 
                required to be reported under subparagraph (B)(iii) or 
                (C)(iii) of paragraph (1) of subsection (b) cannot be 
                determined accurately, including through the use of 
                statistical sampling, the Director shall--
                            ``(i) certify that conclusion in writing to 
                        the Permanent Select Committee on Intelligence 
                        and the Committee on the Judiciary of the House 
                        of Representatives and the Select Committee on 
                        Intelligence and the Committee on the Judiciary 
                        of the Senate; and
                            ``(ii) make such certification publicly 
                        available on an Internet Web site.
                    ``(B) Content.--
                            ``(i) In general.--The certification 
                        described in subparagraph (A) shall state with 
                        specificity any operational, national security, 
                        or other reasons why the Director of National 
                        Intelligence has reached the conclusion 
                        described in subparagraph (A).
                            ``(ii) Good faith estimates of certain 
                        individuals whose communications were collected 
                        under orders issued under section 702.--A 
                        certification described in subparagraph (A) 
                        relating to a good faith estimate required to 
                        be reported under subsection (b)(1)(B)(iii) may 
                        include the information annually reported 
                        pursuant to section 702(l)(3)(A).
                            ``(iii) Good faith estimates of certain 
                        individuals whose communications were collected 
                        under orders issued under title iv.--If the 
                        Director of National Intelligence determines 
                        that a good faith estimate required to be 
                        reported under subsection (b)(1)(C)(iii) cannot 
                        be determined accurately as that estimate 
                        pertains to electronic communications, but can 
                        be determined accurately for wire 
                        communications, the Director shall make the 
                        certification described in subparagraph (A) 
                        with respect to electronic communications and 
                        shall also report the good faith estimate with 
                        respect to wire communications.
                    ``(C) Form.--A certification described in 
                subparagraph (A) shall be prepared in unclassified 
                form, but may contain a classified annex.
                    ``(D) Timing.--If the Director of National 
                Intelligence continues to conclude that the good faith 
                estimates described in this paragraph cannot be 
                determined accurately, the Director shall annually 
                submit a certification in accordance with this 
                paragraph.
    ``(f) Construction.--Nothing in this section affects the lawfulness 
or unlawfulness of any government surveillance activities described 
herein.
    ``(g) Definitions.--In this section:
            ``(1) Contents.--The term `contents' has the meaning given 
        that term under section 2510 of title 18, United States Code.
            ``(2) Electronic communication.--The term `electronic 
        communication' has the meaning given that term under section 
        2510 of title 18, United States Code.
            ``(3) Individual whose communications were collected.--The 
        term `individual whose communications were collected' means any 
        individual--
                    ``(A) who was a party to an electronic 
                communication or a wire communication the contents or 
                noncontents of which was collected; or
                    ``(B)(i) who was a subscriber or customer of an 
                electronic communication service or remote computing 
                service; and
                    ``(ii) whose records, as described in subparagraph 
                (A), (B), (D), (E), or (F) of section 2703(c)(2) of 
                title 18, United States Code, were collected.
            ``(4) National security letter.--The term `national 
        security letter' means a request for a report, records, or 
        other information under--
                    ``(A) section 2709 of title 18, United States Code;
                    ``(B) section 1114(a)(5)(A) of the Right to 
                Financial Privacy Act of 1978 (12 U.S.C. 
                3414(a)(5)(A));
                    ``(C) subsection (a) or (b) of section 626 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u(a), 
                1681u(b)); or
                    ``(D) section 627(a) of the Fair Credit Reporting 
                Act (15 U.S.C. 1681v(a)).
            ``(5) United states person.--The term `United States 
        person' means a citizen of the United States or an alien 
        lawfully admitted for permanent residence (as defined in 
        section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a))).
            ``(6) Wire communication.--The term `wire communication' 
        has the meaning given that term under section 2510 of title 18, 
        United States Code.''.
    (b) Table of Contents Amendment.--The table of contents, as amended 
by section 402 of this Act, is further amended by inserting after the 
item relating to section 602, as added by section 402 of this Act, the 
following new item:

``Sec. 603. Annual reports.''.
    (c) Public Reporting on National Security Letters.--Section 118(c) 
of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 
U.S.C. 3511 note) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``concerning different United States 
                persons''; and
                    (B) in subparagraph (A), by striking ``, excluding 
                the number of requests for subscriber information'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Content.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each report required under this 
                subsection shall include a good faith estimate of the 
                total number of requests described in paragraph (1) 
                requiring disclosure of information concerning--
                            ``(i) United States persons; and
                            ``(ii) persons who are not United States 
                        persons.
                    ``(B) Exception.--With respect to the number of 
                requests for subscriber information under section 2709 
                of title 18, United States Code, a report required 
                under this subsection need not separate the number of 
                requests into each of the categories described in 
                subparagraph (A).''.
    (d) Stored Communications.--Section 2702(d) of title 18, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2)(B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the number of accounts from which the Department of 
        Justice has received voluntary disclosures under subsection 
        (c)(4).''.

SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS.

    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
sections 402 and 602 of this Act, is further amended by adding at the 
end the following new section:

``SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.

    ``(a) Reporting.--A person subject to a nondisclosure requirement 
accompanying an order or directive under this Act or a national 
security letter may, with respect to such order, directive, or national 
security letter, publicly report the following information using 1 of 
the following structures:
            ``(1) A semiannual report that aggregates the number of 
        orders or national security letters with which the person was 
        required to comply in the following separate categories:
                    ``(A) The number of national security letters 
                received, reported in bands of 1000 starting with 0-
                999.
                    ``(B) The number of customer accounts affected by 
                national security letters, reported in bands of 1000 
                starting with 0-999.
                    ``(C) The number of orders under this Act for 
                contents, reported in bands of 1000 starting with 0-
                999.
                    ``(D) With respect to contents orders under this 
                Act, in bands of 1000 starting with 0-999, the number 
                of customer selectors targeted under such orders.
                    ``(E) The number of orders under this Act for 
                noncontents, reported in bands of 1000 starting with 0-
                999.
                    ``(F) With respect to noncontents orders under this 
                Act, in bands of 1000 starting with 0-999, the number 
                of customer selectors targeted under orders under--
                            ``(i) title IV;
                            ``(ii) title V with respect to applications 
                        described in section 501(b)(2)(B); and
                            ``(iii) title V with respect to 
                        applications described in section 501(b)(2)(C).
            ``(2) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply in the following separate 
        categories:
                    ``(A) The total number of all national security 
                process received, including all national security 
                letters and orders or directives under this Act, 
                combined, reported in bands of 0-249 and thereafter in 
                bands of 250.
                    ``(B) The total number of customer selectors 
                targeted under all national security process received, 
                including all national security letters and orders or 
                directives under this Act, combined, reported in bands 
                of 0-249 and thereafter in bands of 250.
            ``(3) A semiannual report that aggregates the number of 
        orders or national security letters with which the person was 
        required to comply in the following separate categories:
                    ``(A) The number of national security letters 
                received, reported in bands of 500 starting with 0-499.
                    ``(B) The number of customer accounts affected by 
                national security letters, reported in bands of 500 
                starting with 0-499.
                    ``(C) The number of orders under this Act for 
                contents, reported in bands of 500 starting with 0-499.
                    ``(D) The number of customer selectors targeted 
                under such orders, reported in bands of 500 starting 
                with 0-499.
                    ``(E) The number of orders under this Act for 
                noncontents, reported in bands of 500 starting with 0-
                499.
                    ``(F) The number of customer selectors targeted 
                under such orders, reported in bands of 500 starting 
                with 0-499.
            ``(4) An annual report that aggregates the number of 
        orders, directives, and national security letters the person 
        was required to comply with in the following separate 
        categories:
                    ``(A) The total number of all national security 
                process received, including all national security 
                letters and orders or directives under this Act, 
                combined, reported in bands of 0-100 and thereafter in 
                bands of 100.
                    ``(B) The total number of customer selectors 
                targeted under all national security process received, 
                including all national security letters and orders or 
                directives under this Act, combined, reported in bands 
                of 0-100 and thereafter in bands of 100.
    ``(b) Period of Time Covered by Reports.--
            ``(1) A report described in paragraph (1) or (3) of 
        subsection (a)--
                    ``(A) may be published every 180 days;
                    ``(B) subject to subparagraph (C), shall include--
                            ``(i) with respect to information relating 
                        to national security letters, information 
                        relating to the previous 180 days; and
                            ``(ii) with respect to information relating 
                        to authorities under this Act, except as 
                        provided in subparagraph (C), information 
                        relating to the time period--
                                    ``(I) ending on the date that is 
                                not less than 180 days before the date 
                                on which the information is publicly 
                                reported; and
                                    ``(II) beginning on the date that 
                                is 180 days before the date described 
                                in subclause (I); and
                    ``(C) for a person that has received an order or 
                directive under this Act with respect to a platform, 
                product, or service for which a person did not 
                previously receive such an order or directive (not 
                including an enhancement to or iteration of an existing 
                publicly available platform, product, or service)--
                            ``(i) shall not include any information 
                        relating to such new order or directive until 
                        540 days after the date on which such new order 
                        or directive is received; and
                            ``(ii) for a report published on or after 
                        the date on which the 540-day waiting period 
                        expires, shall include information relating to 
                        such new order or directive reported pursuant 
                        to subparagraph (B)(ii).
            ``(2) A report described in paragraph (2) of subsection (a) 
        may be published every 180 days and shall include information 
        relating to the previous 180 days.
            ``(3) A report described in paragraph (4) of subsection (a) 
        may be published annually and shall include information 
        relating to the time period--
                    ``(A) ending on the date that is not less than 1 
                year before the date on which the information is 
                publicly reported; and
                    ``(B) beginning on the date that is 1 year before 
                the date described in subparagraph (A).
    ``(c) Other Forms of Agreed to Publication.--Nothing in this 
section prohibits the Government and any person from jointly agreeing 
to the publication of information referred to in this subsection in a 
time, form, or manner other than as described in this section.
    ``(d) Definitions.--In this section:
            ``(1) Contents.--The term `contents' has the meaning given 
        that term under section 2510 of title 18, United States Code.
            ``(2) National security letter.--The term `national 
        security letter' has the meaning given that term under section 
        603.''.
    (b) Table of Contents Amendment.--The table of contents, as amended 
by sections 402 and 602 of this Act, is further amended by inserting 
after the item relating to section 603, as added by section 602 of this 
Act, the following new item:

``Sec. 604. Public reporting by persons subject to orders.''.

SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND OPINIONS OF 
              THE FOREIGN INTELLIGENCE SURVEILLANCE COURT AND THE 
              FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.

    Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read as 
follows:
            ``(1) not later than 45 days after the date on which the 
        Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review issues a decision, 
        order, or opinion, including any denial or modification of an 
        application under this Act, that includes significant 
        construction or interpretation of any provision of law or 
        results in a change of application of any provision of this Act 
        or a novel application of any provision of this Act, a copy of 
        such decision, order, or opinion and any pleadings, 
        applications, or memoranda of law associated with such 
        decision, order, or opinion; and''.

SEC. 605. SUBMISSION OF REPORTS UNDER FISA.

    (a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C. 
1808(a)(1)) is amended by striking ``the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence, and the Committee on the Judiciary of the Senate,'' and 
inserting ``the Permanent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee on the Judiciary of 
the Senate''.
    (b) Physical Searches.--The matter preceding paragraph (1) of 
section 306 (50 U.S.C. 1826) is amended--
            (1) in the first sentence, by striking ``Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence of the Senate, and the 
        Committee on the Judiciary of the Senate,'' and inserting 
        ``Permanent Select Committee on Intelligence and the Committee 
        on the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate''; and
            (2) in the second sentence, by striking ``and the Committee 
        on the Judiciary of the House of Representatives''.
    (c) Pen Registers and Trap and Trace Devices.--Section 406(b) (50 
U.S.C. 1846(b)) is amended--
            (1) in paragraph (2), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) each department or agency on behalf of which the 
        Attorney General or a designated attorney for the Government 
        has made an application for an order authorizing or approving 
        the installation and use of a pen register or trap and trace 
        device under this title; and
            ``(5) for each department or agency described in paragraph 
        (4), each number described in paragraphs (1), (2), and (3).''.
    (d) Access to Certain Business Records and Other Tangible Things.--
Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ``Permanent 
Select Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence and the Committee on the Judiciary 
of the Senate'' and inserting ``Permanent Select Committee on 
Intelligence and the Committee on the Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate''.

                           TITLE VII--SUNSETS

SEC. 701. SUNSETS.

    (a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (50 U.S.C. 1805 note) is amended by striking ``June 1, 
2015'' and inserting ``December 31, 2017''.
    (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1, 
2015'' and inserting ``December 31, 2017''.
                                                       Calendar No. 499

113th CONGRESS

  2d Session

                                S. 2685

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 30, 2014

            Read the second time and placed on the calendar
```