USA FREEDOM Act

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. 1. Short title; table of contents (a) Short title This Act may be cited as the USA FREEDOM Act (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 of minimization procedures for the production of tangible things. Sec. 105. Liability protection. Sec. 106. Compensation for assistance. Sec. 107. Definitions. Sec. 108. Inspector general reports on business records orders. Sec. 109. Effective date. Title II—FISA pen register and trap and trace device reform Sec. 201. Prohibition on bulk collection. Sec. 202. Minimization procedures. Title III—FISA acquisitions targeting persons outside the United States reforms Sec. 301. Prohibition on reverse targeting. Sec. 302. Minimization procedures. Sec. 303. Limits on use of unlawfully obtained information. Title IV—Foreign Intelligence Surveillance Court reforms Sec. 401. Appointment of amicus curiae. Sec. 402. Declassification of decisions, orders, and opinions. Title V—National Security Letter reform Sec. 501. Prohibition on bulk collection. Title VI—FISA transparency and reporting requirements Sec. 601. Additional reporting on orders requiring production of business records. Sec. 602. Business records compliance reports to Congress. Sec. 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered. Sec. 604. Public reporting by persons subject to FISA orders. Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. Sec. 606. Submission of reports under FISA. Title VII—Sunsets Sec. 701. Sunsets. 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.). I FISA business records reforms 101. Additional requirements for call detail records (a) Application Section 501(b)(2) ( 50 U.S.C. 1861(b)(2) (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking a statement in the case of an application other than an application described in subparagraph (C), a statement (B) in clause (iii), by striking ; and (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 of call detail records created on or after the date of the application, 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 an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism; and (ii) there are facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power; and . (b) Order Section 501(c)(2) ( 50 U.S.C. 1861(c)(2) (1) in subparagraph (D), by striking ; and (2) in subparagraph (E), by striking the period and inserting ; 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 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); (iii) provide that the Government may require the 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 the results of the production under subclause (I) as the basis for production; (iv) 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 (v) direct the Government to destroy all call detail records produced under the order not later than 5 years after the date of the production of such records, except for records that are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism. . 102. Emergency authority (a) Authority Section 501 ( 50 U.S.C. 1861 (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 this section. (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 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) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking pursuant to an order pursuant to an order issued or an emergency production required (B) in subparagraph (A), by striking such order such order or such emergency production (C) in subparagraph (B), by striking the order the order or the emergency production (2) in paragraph (2)— (A) in subparagraph (A), by striking an order an order or emergency production (B) in subparagraph (B), by striking an order an order or emergency production 103. Prohibition on bulk collection of tangible things (a) Application Section 501(b)(2) ( 50 U.S.C. 1861(b)(2) (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) (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; (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). . 104. Judicial review of minimization procedures for the production of tangible things Section 501(c)(1) ( 50 U.S.C. 1861(c)(1) subsections (a) and (b) and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g) 105. Liability protection Section 501(e) ( 50 U.S.C. 1861(e) (e) No cause of action shall lie in any court against a person who produces tangible things or provides information, facilities, or technical assistance pursuant to an order issued or an emergency production required under this section. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. . 106. Compensation for assistance Section 501 ( 50 U.S.C. 1861 (j) Compensation The Government shall compensate, at the prevailing rate, a person for producing tangible things or providing information, facilities, or assistance in accordance with an order issued or an emergency production required under this section. . 107. Definitions Section 501 ( 50 U.S.C. 1861 (k) Definitions In this section: (1) Call detail record defined The term call detail record (A) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or 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 of any communication (as defined in section 2510(8) (ii) the name, address, or financial information of a subscriber or customer; or (iii) cell site location information. (2) Specific selection term The term specific selection term . 108. Inspector general reports on business records orders Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2012 through 2014 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 (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 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. (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 December 31, 2015, 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) any report under subsection (c) or (d) (ii) by striking Inspector General of the Department of Justice 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 (B) in paragraph (2), by striking the reports submitted under subsections (c)(1) and (c)(2) 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) Each report submitted under subsection (c) (B) by striking subsection (d)(2) subsection (e)(2) (7) by adding at the end the following new subsection: (g) Definitions In this section: (1) Intelligence community The term intelligence community (2) United States person The term United States person 50 U.S.C. 1801 . 109. Effective date 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. II FISA pen register and trap and trace device reform 201. Prohibition on bulk collection (a) Prohibition Section 402(c) ( 50 U.S.C. 1842(c) (1) in paragraph (1), by striking ; and (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and . (b) Definition Section 401 ( 50 U.S.C. 1841 (4) The term specific selection term . 202. Minimization procedures (a) Definition Section 401 ( 50 U.S.C. 1841 (5) The term minimization procedures (A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device to minimize the retention and prohibit the dissemination of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (b) Application Section 402(c) ( 50 U.S.C. 1842(c) (4) a statement of proposed minimization procedures. . (c) Order Section 402(d) ( 50 U.S.C. 1842(d) (1) in paragraph (1), by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title (2) in paragraph (2)(B)— (A) in clause (ii)(II), by striking ; and (B) by adding at the end the following new clause: (iv) the minimization procedures be followed; and . (d) Compliance assessment Section 402 ( 50 U.S.C. 1842 (h) 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 minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. . III FISA acquisitions targeting persons outside the United States reforms 301. Prohibition on reverse targeting Section 702(b)(2) ( 50 U.S.C. 1881a(b)(2) the purpose a purpose 302. Minimization procedures Section 702(e)(1) ( 50 U.S.C. 1881a(e)(1) (1) by striking that meet that— (A) meet ; (2) in subparagraph (A) (as designated by paragraph (1) of this section), by striking the period and inserting ; and (3) by adding at the end the following new subparagraph: (B) consistent with such definition, minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States and prohibit the use of any discrete, non-target communication that is determined to be to or from a United States person or a person who appears to be located in the United States, except to protect against an immediate threat to human life. . 303. Limits on use of unlawfully obtained information Section 702(i)(3) ( 50 U.S.C. 1881a(i)(3) (D) Limitation on use of information (i) In general Except as provided in clause (ii), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under subparagraph (B) 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 from the acquisition 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 acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . IV Foreign Intelligence Surveillance Court reforms 401. Appointment of amicus curiae Section 103 ( 50 U.S.C. 1803 (i) Amicus curiae (1) 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 appoint an individual to serve as amicus curiae to assist such court in the consideration of 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 appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. (2) Designation The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area of law that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information. (3) Duties An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. (4) 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). (5) 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. (6) 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 amicus curiae under paragraph (1) in a manner that is not inconsistent with this subsection. . 402. Declassification of decisions, orders, and opinions (a) Declassification Title VI ( 50 U.S.C. 1871 et seq. (1) in the heading, by striking Reporting Requirement Oversight (2) by adding at the end the following new section: 602. Declassification of significant decisions, orders, and opinions (a) Declassification required Subject to subsection (b), 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 any provision of this Act and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. (b) Redacted form 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 Attorney General may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if the Attorney General— (1) 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) makes publicly available an unclassified summary of such decision, order, or opinion. . (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. . V National Security Letter reform 501. Prohibition on bulk collection (a) Counterintelligence access to telephone toll and transactional records Section 2709(b) may may, using a specific selection term 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) and a specific selection term 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(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) that information, that information that includes a specific selection term to be used as the basis for the production of that information, (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) analysis. analysis and a specific selection term to be used as the basis for the production of such information. (e) Definitions (1) Counterintelligence Access to Telephone Toll and Transactional Records Section 2709 (g) Specific selection term defined In this section, the term specific selection term 50 U.S.C. 1861 . (2) 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 (e) In this section, the term specific selection term 50 U.S.C. 1861 . (3) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u (n) Specific selection term defined In this section, the term specific selection term 50 U.S.C. 1861 . (4) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v (g) Specific selection term defined In this section, the term specific selection term 50 U.S.C. 1861 . VI FISA transparency and reporting requirements 601. Additional reporting on orders requiring production of business records Section 502(b) ( 50 U.S.C. 1862(b) (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (5), (6), and (7), respectively; and (2) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: (1) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things; (2) the total number of such orders either granted, modified, or denied; (3) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records; (4) the total number of such orders either granted, modified, or denied; . 602. Business records compliance reports to Congress (a) Business records productions Section 502(b) ( 50 U.S.C. 1862(b) (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) any compliance reviews conducted by the Federal Government of the production of tangible things under section 501; . (b) FISA authorities in general Section 601(a) ( 50 U.S.C. 1871(a) (1) in paragraph (4), by striking ; and (2) in paragraph (5), by striking the period and inserting ; and (3) by adding at the end the following new paragraph: (6) any compliance reviews conducted by the Federal Government of electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, or acquisitions conducted under this Act. . 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered (a) In general Title VI ( 50 U.S.C. 1871 et seq. 603. Annual report on orders entered 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 and make publicly available on an Internet website— (1) the number of orders entered under each of sections 105, 304, 402, 501, 702, 703, and 704; (2) the number of orders modified under each of those sections; (3) the number of orders denied under each of those sections; and (4) 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. . (b) Table of contents amendment The table of contents in the first section, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by such section 402, the following new item: Sec. 603. Annual report on orders entered. . 604. Public reporting by persons subject to FISA orders (a) In general Title VI ( 50 U.S.C. 1871 et seq. 604. Public reporting by persons subject to orders (a) Reporting A person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures: (1) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 1000 starting with 0-999. (C) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999. (D) The number of orders under this Act for content, reported in bands of 1000 starting with 0-999. (E) With respect to content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under title I; and (ii) the number of customer selectors targeted under orders under title VII. (F) The number of orders under this Act for non-content, reported in bands of 1000 starting with 0-999. (G) With respect to non-content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under— (I) title I; (II) title IV; (III) title V with respect to applications described in section 501(b)(2)(B); and (IV) title V with respect to applications described in section 501(b)(2)(C); and (ii) the number of customer selectors targeted under orders under title VII. (2) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The total number of all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (C) The total number of customer selectors targeted under all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (3) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 500 starting with 0-499. (C) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499. (D) The number of orders under this Act for content, reported in bands of 500 starting with 0-499. (E) The number of customer selectors targeted under such orders, in bands of 500 starting with 0-499. (F) The number of orders under this Act for non-content, reported in bands of 500 starting with 0-499. (G) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499. (b) National security letter defined The term national security letter (1) Section 2709 (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) (3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) (4) Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) . (b) Table of contents amendment The table of contents in the first section, as amended by section 603 of this Act, is further amended by inserting after the item relating to section 603, as added by section 603 of this Act, the following new item: Sec. 604. Public reporting by persons subject to orders. . 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) ( 50 U.S.C. 1871(c) (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 that includes a significant construction or interpretation of any provision of this Act or a denial of a request for an order or a modification of a request for an order, or results in a change of application of any provision of this Act or a new application of any provision of this Act— (A) a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and (B) with respect to such decision, order, or opinion, a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and . 606. Submission of reports under FISA (a) Electronic surveillance Section 108(a)(1) ( 50 U.S.C. 1808(a)(1) the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, 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 Section 306 ( 50 U.S.C. 1826 (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, 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 (2) in the second sentence, by striking and the Committee on the Judiciary of the House of Representatives (c) Pen register and trap and trace devices Section 406(b) ( 50 U.S.C. 1846(b) (1) in paragraph (2), by striking ; and (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 Government has made application for orders approving the use of pen registers or trap and trace devices under this title; and (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3). . (d) Access to certain business records and other tangible things Section 502(a) ( 50 U.S.C. 1862(a) 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 Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate VII Sunsets 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 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 December 31, 2017 1. Short title; table of contents (a) Short title This Act may be cited as the USA FREEDOM Act (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 of minimization procedures for the production of tangible things. Sec. 105. Liability protection. Sec. 106. Compensation for assistance. Sec. 107. Definitions. Sec. 108. Inspector general reports on business records orders. Sec. 109. Effective date. Title II—FISA pen register and trap and trace device reform Sec. 201. Prohibition on bulk collection. Sec. 202. Minimization procedures. Title III—FISA acquisitions targeting persons outside the United States reforms Sec. 301. Prohibition on reverse targeting. Sec. 302. Minimization procedures. Sec. 303. Limits on use of unlawfully obtained information. Title IV—Foreign Intelligence Surveillance Court reforms Sec. 401. Appointment of amicus curiae. Sec. 402. Declassification of decisions, orders, and opinions. Title V—National Security Letter reform Sec. 501. Prohibition on bulk collection. Title VI—FISA transparency and reporting requirements Sec. 601. Additional reporting on orders requiring production of business records. Sec. 602. Business records compliance reports to Congress. Sec. 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered. Sec. 604. Public reporting by persons subject to FISA orders. Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. Sec. 606. Submission of reports under FISA. Title VII—Sunsets Sec. 701. Sunsets. 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.). I FISA business records reforms 101. Additional requirements for call detail records (a) Application Section 501(b)(2) ( 50 U.S.C. 1861(b)(2) (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking a statement in the case of an application other than an application described in subparagraph (C), a statement (B) in clause (iii), by striking ; and (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 of call detail records created on or after the date of the application, 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 an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism; and (ii) there are facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power; and . (b) Order Section 501(c)(2) ( 50 U.S.C. 1861(c)(2) (1) in subparagraph (D), by striking ; and (2) in subparagraph (E), by striking the period and inserting ; 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 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); (iii) provide that the Government may require the 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 the results of the production under subclause (I) as the basis for production; (iv) 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 (v) direct the Government to destroy all call detail records produced under the order not later than 5 years after the date of the production of such records, except for records that are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism. . 102. Emergency authority (a) Authority Section 501 ( 50 U.S.C. 1861 (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 this section. (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 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) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking pursuant to an order pursuant to an order issued or an emergency production required (B) in subparagraph (A), by striking such order such order or such emergency production (C) in subparagraph (B), by striking the order the order or the emergency production (2) in paragraph (2)— (A) in subparagraph (A), by striking an order an order or emergency production (B) in subparagraph (B), by striking an order an order or emergency production 103. Prohibition on bulk collection of tangible things (a) Application Section 501(b)(2) ( 50 U.S.C. 1861(b)(2) (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) (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; (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). . 104. Judicial review of minimization procedures for the production of tangible things Section 501(c)(1) ( 50 U.S.C. 1861(c)(1) subsections (a) and (b) and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g) 105. Liability protection Section 501(e) ( 50 U.S.C. 1861(e) (e) No cause of action shall lie in any court against a person who produces tangible things or provides information, facilities, or technical assistance pursuant to an order issued or an emergency production required under this section. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. . 106. Compensation for assistance Section 501 ( 50 U.S.C. 1861 (j) Compensation The Government shall compensate, at the prevailing rate, a person for producing tangible things or providing information, facilities, or assistance in accordance with an order issued or an emergency production required under this section. . 107. Definitions Section 501 ( 50 U.S.C. 1861 (k) Definitions In this section: (1) Call detail record defined The term call detail record (A) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or 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 of any communication (as defined in section 2510(8) (ii) the name, address, or financial information of a subscriber or customer; or (iii) cell site location information. (2) Specific selection term The term specific selection term . 108. Inspector general reports on business records orders Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2012 through 2014 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 (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 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. (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 December 31, 2015, 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) any report under subsection (c) or (d) (ii) by striking Inspector General of the Department of Justice 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 (B) in paragraph (2), by striking the reports submitted under subsections (c)(1) and (c)(2) 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) Each report submitted under subsection (c) (B) by striking subsection (d)(2) subsection (e)(2) (7) by adding at the end the following new subsection: (g) Definitions In this section: (1) Intelligence community The term intelligence community (2) United States person The term United States person 50 U.S.C. 1801 . 109. Effective date 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. II FISA pen register and trap and trace device reform 201. Prohibition on bulk collection (a) Prohibition Section 402(c) ( 50 U.S.C. 1842(c) (1) in paragraph (1), by striking ; and (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and . (b) Definition Section 401 ( 50 U.S.C. 1841 (4) The term specific selection term . 202. Minimization procedures (a) Definition Section 401 ( 50 U.S.C. 1841 (5) The term minimization procedures (A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device to minimize the retention and prohibit the dissemination of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (b) Application Section 402(c) ( 50 U.S.C. 1842(c) (4) a statement of proposed minimization procedures. . (c) Order Section 402(d) ( 50 U.S.C. 1842(d) (1) in paragraph (1), by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title (2) in paragraph (2)(B)— (A) in clause (ii)(II), by striking ; and (B) by adding at the end the following new clause: (iv) the minimization procedures be followed; and . (d) Compliance assessment Section 402 ( 50 U.S.C. 1842 (h) 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 minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. . III FISA acquisitions targeting persons outside the United States reforms 301. Prohibition on reverse targeting Section 702(b)(2) ( 50 U.S.C. 1881a(b)(2) the purpose a purpose 302. Minimization procedures Section 702(e)(1) ( 50 U.S.C. 1881a(e)(1) (1) by striking that meet that— (A) meet ; (2) in subparagraph (A) (as designated by paragraph (1) of this section), by striking the period and inserting ; and (3) by adding at the end the following new subparagraph: (B) consistent with such definition, minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States and prohibit the use of any discrete, non-target communication that is determined to be to or from a United States person or a person who appears to be located in the United States, except to protect against an immediate threat to human life. . 303. Limits on use of unlawfully obtained information Section 702(i)(3) ( 50 U.S.C. 1881a(i)(3) (D) Limitation on use of information (i) In general Except as provided in clause (ii), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under subparagraph (B) 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 from the acquisition 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 acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . IV Foreign Intelligence Surveillance Court reforms 401. Appointment of amicus curiae Section 103 ( 50 U.S.C. 1803 (i) Amicus curiae (1) 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 appoint an individual to serve as amicus curiae to assist such court in the consideration of 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 appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. (2) Designation The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area of law that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information. (3) Duties An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. (4) 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). (5) 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. (6) 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 amicus curiae under paragraph (1) in a manner that is not inconsistent with this subsection. . 402. Declassification of decisions, orders, and opinions (a) Declassification Title VI ( 50 U.S.C. 1871 et seq. (1) in the heading, by striking Reporting Requirement Oversight (2) by adding at the end the following new section: 602. Declassification of significant decisions, orders, and opinions (a) Declassification required Subject to subsection (b), 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 any provision of this Act and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. (b) Redacted form 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 Attorney General may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if the Attorney General— (1) 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) makes publicly available an unclassified summary of such decision, order, or opinion. . (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. . V National Security Letter reform 501. Prohibition on bulk collection (a) Counterintelligence access to telephone toll and transactional records Section 2709(b) may may, using a specific selection term 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) and a specific selection term 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(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) that information, that information that includes a specific selection term to be used as the basis for the production of that information, (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) analysis. analysis and a specific selection term to be used as the basis for the production of such information. (e) Definitions (1) Counterintelligence Access to Telephone Toll and Transactional Records Section 2709 (g) Specific selection term defined In this section, the term specific selection term 50 U.S.C. 1861 . (2) 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 (e) In this section, the term specific selection term 50 U.S.C. 1861 . (3) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u (n) Specific selection term defined In this section, the term specific selection term 50 U.S.C. 1861 . (4) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v (g) Specific selection term defined In this section, the term specific selection term 50 U.S.C. 1861 . VI FISA transparency and reporting requirements 601. Additional reporting on orders requiring production of business records Section 502(b) ( 50 U.S.C. 1862(b) (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (5), (6), and (7), respectively; and (2) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: (1) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things; (2) the total number of such orders either granted, modified, or denied; (3) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records; (4) the total number of such orders either granted, modified, or denied; . 602. Business records compliance reports to Congress (a) Business records productions Section 502(b) ( 50 U.S.C. 1862(b) (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) any compliance reviews conducted by the Federal Government of the production of tangible things under section 501; . (b) FISA authorities in general Section 601(a) ( 50 U.S.C. 1871(a) (1) in paragraph (4), by striking ; and (2) in paragraph (5), by striking the period and inserting ; and (3) by adding at the end the following new paragraph: (6) any compliance reviews conducted by the Federal Government of electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, or acquisitions conducted under this Act. . 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered (a) In general Title VI ( 50 U.S.C. 1871 et seq. 603. Annual report on orders entered 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 and make publicly available on an Internet website— (1) the number of orders entered under each of sections 105, 304, 402, 501, 702, 703, and 704; (2) the number of orders modified under each of those sections; (3) the number of orders denied under each of those sections; and (4) 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. . (b) Table of contents amendment The table of contents in the first section, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by such section 402, the following new item: Sec. 603. Annual report on orders entered. . 604. Public reporting by persons subject to FISA orders (a) In general Title VI ( 50 U.S.C. 1871 et seq. 604. Public reporting by persons subject to orders (a) Reporting A person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures: (1) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 1000 starting with 0-999. (C) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999. (D) The number of orders under this Act for content, reported in bands of 1000 starting with 0-999. (E) With respect to content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under title I; and (ii) the number of customer selectors targeted under orders under title VII. (F) The number of orders under this Act for non-content, reported in bands of 1000 starting with 0-999. (G) With respect to non-content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under— (I) title I; (II) title IV; (III) title V with respect to applications described in section 501(b)(2)(B); and (IV) title V with respect to applications described in section 501(b)(2)(C); and (ii) the number of customer selectors targeted under orders under title VII. (2) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The total number of all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (C) The total number of customer selectors targeted under all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (3) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 500 starting with 0-499. (C) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499. (D) The number of orders under this Act for content, reported in bands of 500 starting with 0-499. (E) The number of customer selectors targeted under such orders, in bands of 500 starting with 0-499. (F) The number of orders under this Act for non-content, reported in bands of 500 starting with 0-499. (G) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499. (b) National security letter defined The term national security letter (1) Section 2709 (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) (3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) (4) Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) . (b) Table of contents amendment The table of contents in the first section, as amended by section 603 of this Act, is further amended by inserting after the item relating to section 603, as added by section 603 of this Act, the following new item: Sec. 604. Public reporting by persons subject to orders. . 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) ( 50 U.S.C. 1871(c) (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 that includes a significant construction or interpretation of any provision of this Act or a denial of a request for an order or a modification of a request for an order, or results in a change of application of any provision of this Act or a new application of any provision of this Act— (A) a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and (B) with respect to such decision, order, or opinion, a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and . 606. Submission of reports under FISA (a) Electronic surveillance Section 108(a)(1) ( 50 U.S.C. 1808(a)(1) the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, 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 Section 306 ( 50 U.S.C. 1826 (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, 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 (2) in the second sentence, by striking and the Committee on the Judiciary of the House of Representatives (c) Pen register and trap and trace devices Section 406(b) ( 50 U.S.C. 1846(b) (1) in paragraph (2), by striking ; and (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 Government has made application for orders approving the use of pen registers or trap and trace devices under this title; and (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3). . (d) Access to certain business records and other tangible things Section 502(a) ( 50 U.S.C. 1862(a) 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 Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate VII Sunsets 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 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 December 31, 2017 May 15, 2014 Reported from the Committee on the Judiciary May 15, 2014 Reported from the Select Committee on Intelligence (Permanent Select) May 15, 2014 The Committee on Financial Services

Summary: USA FREEDOM Act - Title I: FISA Business Records Reforms - (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new process to be followed when the Federal Bureau of Investigation (FBI) submits an application to a FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. Requires the FBI to include in such tangible thing applications a specific selection term to be used as the basis for such production. Defines &quot;specific selection term&quot; as a discrete term (such as a term specifically identifying a person, entity, account, address, or device) used by the government to limit the scope of the information or tangible things sought pursuant to the statute authorizing the provision of such information or tangible things to the government. Provides for applications seeking the production of call detail records to be considered under revised FISA requirements for the production of tangible things. Defines &quot;call detail record&quot; as 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. Excludes from such definition: (1) the contents of any communication; (2) the name, address, or financial information of a subscriber or customer; or (3) cell site location information. Establishes two separate frameworks for the production of such call detail records with different standards that apply based on whether the application seeks: (1) production on a daily basis of call detail records created before, on, or after the date of the application relating to an authorized investigation to protect against international terrorism; or (2) production of call detail records in any other manner under revised FISA requirements for the production of all other tangible things. Requires the FBI, in applications seeking the production on a daily basis of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism, to include a statement of facts showing: (1) reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term are relevant to such investigation; and (2) facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power. Requires a judge approving the release, on a daily basis, of call detail records created before, on, or after the date of application relating to an authorized investigation to protect against international terrorism to: limit such production to a period not to exceed 180 days, but allow such orders to be extended upon application with judicial approval; permit the government to require the prompt production of such records using: (1) a specific selection term that satisfies the reasonable, articulable suspicion standard that the term is associated with a foreign power or an agent of a foreign power; and (2) 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 (thus limiting the government to what is commonly referred to as two &quot;hops&quot; of call records when the order concerns production on a daily basis of call detail records created before, on, or after the date of the application relating to an authorized investigation to protect against international terrorism); and direct the government to: (1) adopt minimization procedures requiring prompt destruction of such call records that the government determines are not foreign intelligence information, and (2) destroy all call detail records produced under the order as prescribed by such procedures. Requires applications and orders under FISA for production of call detail records in any other manner (other than in the manner required for a daily production of such records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism) to be considered under the standards applicable to all other applications and orders for the production of tangible things. (Thus, requires a specific selection term but does not subject the production to the additional requirements--including the reasonable, articulable suspicion standard regarding an association with a foreign power or an agent of a foreign power, the 180-day period limitation, the two-hop limitation, and the prompt destruction requirements for records that are not foreign intelligence information--that are applicable only to the daily production of call detail records created before, on, or after the date of the application relating to an authorized investigation to protect against international terrorism.) (Sec. 102) Authorizes the Attorney General to require the emergency production of tangible things, without first obtaining a court order, if the Attorney General: (1) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing production can be obtained with due diligence, (2) reasonably determines that a factual basis exists for the issuance of such a production order, (3) informs a FISA judge of the decision to require such production at the time the emergency decision is made, and (4) makes an application to a FISA judge within seven days after the Attorney General requires such emergency production. Terminates the authority for such emergency production of tangible things when the information sought is obtained, when the application for the order is denied, or after the expiration of seven days from the time the Attorney General begins requiring such emergency production, whichever is earliest. Prohibits information obtained or evidence derived from such an emergency production from being received in evidence or disclosed in any 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 if: (1) the subsequent application for court approval is denied, or (2) the production is terminated and no order is issued approving the production. Bars information concerning any U.S. person acquired from such production from being used or disclosed in any other manner by federal officers or employees without the consent of such person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm. (Sec. 103) Requires FISA court orders approving the production of tangible things to include each specific selection term used as the basis for such production. Prohibits FISA courts from authorizing the collection of tangible things without the use of a specific selection term. (Sec. 104) Requires a FISA court, as a condition to approving an application for a tangible thing production order, to find that the minimization procedures submitted with the application meet applicable FISA standards. (Sec. 105) Extends liability protections to: (1) persons required to provide information, facilities, or technical assistance for the production of tangible things; and (2) persons who provide technical assistance to the government for such production or to implement amendments made by this Act to FISA's requirements for such production. (Currently, liability protections are limited to persons who produce such tangible things.) (Sec. 106) Requires the government to compensate a person for reasonable expenses incurred for: (1) producing tangible things or providing information, facilities, or assistance in accordance with an order issued for the production of daily-basis call detail records created before, on, or after the date of the application or an emergency production that requires an application for such daily-basis call records; or (2) providing such technical assistance to the government or to implement the tangible thing production amendments of this Act. (Sec. 108) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to require the Inspector General of the Department of Justice (DOJ) to audit the effectiveness and use of FISA authority to obtain production of tangible things from 2012 to 2014, including an examination of whether minimization procedures adopted by the Attorney General adequately protect the constitutional rights of U.S. persons. Directs the Inspector General of the Intelligence Community, for the same 2012-2014 period, to assess: (1) the importance of such information to the intelligence community; (2) the manner in which such information was collected, retained, analyzed, and disseminated; and (3) the adequacy of minimization procedures, including an assessment of any minimization procedures proposed by an element of the intelligence community that were modified or denied by the court. Requires such Inspectors General to report to Congress regarding the results of such audit and assessment. (Sec. 109) Requires amendments made by this Act to FISA's tangible thing requirements to take effect 180 days after enactment of this Act. Prohibits this Act from being construed to alter or eliminate the government's authority to obtain an order under the tangible things requirements of FISA as in effect prior to the effective date of such amendments during the period ending on such effective date. (Sec. 110) Prohibits this Act from being construed to authorize the production of the contents of any electronic communication from an electronic communication service provider under such tangible thing requirements. Title II: FISA Pen Register and Trap and Trace Device Reform - (Sec. 201) Requires the government's FISA applications for orders approving pen registers or trap and trace devices to include a specific selection term as the basis for selecting the telephone line or other facility to which the register or device is to be attached or applied. (Sec. 202) Directs the Attorney General to ensure that appropriate procedures are in place to safeguard nonpublicly available information concerning U.S. persons that is collected through the use of a pen register or trap and trace device installed with FISA court approval. Requires such procedures to include protections for the collection, retention, and use of information concerning U.S. persons. Requires information collected through the use of a pen register or trap and trace device that the Attorney General authorizes on an emergency basis to be subject to the same procedural safeguards. Title III: FISA Acquisitions Targeting Persons Outside the United States Reforms - (Sec. 301) Requires the Attorney General's minimization procedures for the targeting of persons outside the United States (other than U.S. persons) that is authorized by the Attorney General and the Director of National Intelligence (DNI) to: (1) minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States at the time of acquisition, consistent with the U.S. need to obtain, produce, and disseminate foreign intelligence information; and (2) prohibit the use of any discrete communication that is not to, from, or about the target of an acquisition and is to or from an identifiable U.S. person or a person reasonably believed to be located in the United States, except to protect against an immediate threat to human life. (Sec. 302) Requires, to the extent the FISA court orders a correction of a certification or minimization procedures provided to the court by the Attorney General and DNI for such targeting, that no information obtained or evidence derived from an acquisition pursuant to the deficient part of the certification or procedures concerning a U.S. person be received in evidence or otherwise disclosed in any 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. Prohibits information concerning any U.S. person acquired pursuant to such part of such certification from being used or disclosed subsequently in any other manner by federal officers or employees without the consent of the U.S. person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm. Title IV: Foreign Intelligence Surveillance Court Reforms - (Sec. 401) Requires the FISA court and the FISA court of review to appoint an individual to serve as amicus curiae to assist in the consideration of any application for an order or a review that presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate. Permits appointment of amicus curiae in any other instance as such courts deem appropriate. Directs the presiding judges of such courts to jointly designate at least five individuals to be eligible to serve as amicus curiae. Requires such judges to notify the Attorney General of each appointment. (Sec. 402) Requires the DNI to: (1) conduct a declassification review of each decision, order, or opinion issued by the FISA court or the FISA court of review that includes a significant construction or interpretation of any FISA provision, including a construction or interpretation of &quot;specific selection term&quot; as defined in this Act; and (2) make such decisions, orders, or opinions publicly available to the greatest extent practicable, subject to permissible redactions. Authorizes the DNI to waive such review and public availability requirements if: (1) a waiver is necessary to protect the national security of the United States or properly classified intelligence sources or methods, and (2) an unclassified statement prepared by the Attorney General is made publicly available to summarize the significant construction or interpretation of the FISA provision. Title V: National Security Letter Reform - (Sec. 501) Amends the federal criminal code, the Right to Financial Privacy Act of 1978, and the Fair Credit Reporting Act to require the use of a specific selection term as the basis for requests (commonly referred to as &quot;national security letters&quot;) that: (1) the FBI makes to wire or electronic communication service providers for telephone toll and transactional records, as well as to consumer reporting agencies for information regarding the financial institutions at which consumers maintain accounts; and (2) other government authorities make to financial institutions for financial records and to consumer reporting agencies for consumer reports. Title VI: FISA Transparency and Reporting Requirements - (Sec. 601) Requires the Attorney General to expand an annual report to Congress regarding tangible thing applications to include the total number of: (1) applications made for the daily production of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism; and (2) orders approving such requests. (Sec. 602) Requires the Attorney General to include in such reports a summary of all compliance reviews conducted by the federal government regarding the production of tangible things. (Sec. 603) Directs the Administrative Office of the U.S. Courts to submit annually to Congress, and make available publicly on an Internet website, the number of: (1) FISA orders entered, modified, or denied under specified FISA authorities; and (2) appointments of an individual to serve as amicus curiae for FISA courts, including the name of each appointed individual. Makes the Internet availability of such information subject to a declassification review by the Attorney General and DNI. Directs the DNI to make available publicly a report that identifies, for the preceding 12-month period, the total number of: (1) FISA court orders issued for electronic surveillance, physical searches, the targeting of persons outside the United States, pen registers and trap and trace devices, call detail records, and other tangible things; and (2) national security letters issued. Requires such reports to include the estimated number of targets affected by each order and the number requests for information contained within such national security letters. (Sec. 604) Permits a person who is subject to FISA orders or who receives national security letters to choose one of three methods to report publicly, on a semiannual basis, the aggregate number of orders or directives with which the person was required to comply in the preceding six months. Specifies the categories of orders and letters to be itemized, the details authorized to be included with respect to content orders and the number of customer accounts affected, and the ranges within which the number of orders or letters received may be reported aggregately in bands under each permitted method (i.e., reported in bands of 1000, 500, or 250 depending on the chosen method). Delays the time periods within which persons may make such disclosures by requiring that certain semiannual reports only include information for: (1) the period ending at least 180 days before the publication of such report; and (2) the period ending at least two years before the publication of such report when the information is with respect to a platform, product, or service for which a person did not previously receive such an order or letter. Prohibits such structured reporting methods from being construed to prohibit the government and any person from jointly agreeing to the publication of such information in a time, form, or manner other than as described in this section. (Sec. 605) Expands the categories of FISA court decisions, orders, or opinions that the Attorney General is required to submit to Congress within 45 days after issuance of the decision to include: (1) a denial or modification of an application under FISA; and (2) a change of the application, or a new application, of any FISA provision. (Currently, the Attorney General is only required to submit decisions regarding a significant construction or interpretation of any FISA provision.) (Sec. 606) Revises reporting requirements regarding electronic surveillance, physical searches, and tangible things to include the House Judiciary Committee as a recipient of such reports. Requires the Attorney General to identify in an existing semiannual report each agency on behalf of which the government has applied for orders approving the use of pen registers or trap and trace devices under FISA. Title VII: Sunsets - (Sec. 701) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend until December 31, 2017 (thereby aligning the expiration date of the following provisions with the expiration date of provisions under the FISA Amendments Act of 2008), specified authority concerning: (1) the production of business records and other tangible things, (2) roving electronic surveillance orders, and (3) a revised definition of &quot;agent of a foreign power&quot; to include any non-U.S. person who engages in international terrorism or preparatory activities (commonly referred to as the &quot;lone wolf&quot; provision). (Currently, such provisions are scheduled to expire on June 1, 2015.)