‘‘(9) DEFINITIONS.—In this subsection: 
‘‘(A) APPROPRIATE COMMITTEES OF CON-
GRESS.—The term ‘appropriate committees of 
Congress’ means— 
‘‘(i) the Committee on the Judiciary 
and the Select Committee on Intelligence 
of the Senate; and 
‘‘(ii) the Committee on the Judiciary 
and the Permanent Select Committee on 
Intelligence of the House of Representa-
tives. 
‘‘(B) COVERED
APPLICATION.—The term 
‘covered application’ means an application for 
an order or review made to a court established 
under subsection (a) or (b)— 
‘‘(i) that, in the opinion of such a 
court, presents a novel or significant inter-
pretation of the law; and 
‘‘(ii) that is— 
‘‘(I) an application for an order 
under this title, title III, IV, or V of 
this Act, or section 703 or 704 of this 
Act; 
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‘‘(II) a review of a certification 
or procedures under section 503 or 
702 of this Act; or 
‘‘(III) a notice of non-compliance 
with any such order, certification, or 
procedures.’’. 
SEC. 6. REPORTING REQUIREMENTS FOR DECISIONS OF 
THE 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE COURT. 
Section 601(c)(1) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1871(c)) is amended to read 
as follows: 
‘‘(1) not later than 45 days after the date on 
which the Foreign Intelligence Surveillance Court or 
the Foreign Intelligence Surveillance Court of Re-
view issues a decision, order, or opinion that in-
cludes 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 
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memoranda of law associated with such deci-
sion, 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’’. 
SEC. 7. DECLASSIFICATION OF DECISIONS, ORDERS, AND 
OPINIONS. 
(a) DECLASSIFICATION.—Title VI of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1871 et 
seq.) is amended— 
(1) in the heading, by striking ‘‘REPORT-
ING REQUIREMENT’’ and inserting ‘‘OVER-
SIGHT’’; and 
(2) by adding at the end the following new sec-
tion: 
‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 
ORDERS, AND OPINIONS. 
‘‘(a) DECLASSIFICATION
REQUIRED.—Subject to 
subsection (b), the Director of National Intelligence 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 that includes significant construction or interpre-
tation of any provision of this Act and, consistent with 
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that review, make publicly available to the greatest extent 
practicable each such decision, order, or opinion. 
‘‘(b) REDACTED FORM.—The Director of National 
Intelligence may satisfy the requirement under subsection 
(a) to make a decision, order, or opinions described in such 
subsection publicly available to the greatest extent prac-
ticable by making such decision, order, or opinion publicly 
available in redacted form. 
‘‘(c) NATIONAL SECURITY WAIVER.—The Director of 
National Intelligence may waive the requirement to declas-
sify and make publicly available a particular decision, 
order, or opinion under subsection (a) if the Director— 
‘‘(1) determines that a waiver of such require-
ment 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 of such Act is amended— 
(1) by striking the item relating to title VI and 
inserting the following new item: 
‘‘TITLE VI—OVERSIGHT’’; 
and 
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(2) by inserting after the item relating to sec-
tion 601 the following new item: 
‘‘Sec. 602. Declassification of significant decisions, orders, and opinions.’’. 
SEC. 8. PUBLIC REPORTING ON INCIDENTAL COLLECTION 
OF UNITED STATES PERSON INFORMATION. 
Section 601 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1871) is amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) PUBLIC REPORTING ON INCIDENTAL COLLEC-
TION OF UNITED STATES PERSON INFORMATION.—The 
Attorney General shall annually make publicly available 
a report describing the number of identified instances in 
which the contents of a communication of a United States 
person was acquired under this Act when the acquisition 
authorized by this Act that resulted in the collection of 
such contents could not reasonably have been anticipated 
to capture such contents.’’. 
SEC. 9. ANNUAL REPORTS ON VIOLATIONS OF LAW OR EX-
ECUTIVE ORDER. 
(a) IN GENERAL.—Title V of the National Security 
Act of 1947 (50 U.S.C. 3091 et seq.) is amended by add-
ing at the end the following: 
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‘‘SEC. 509. ANNUAL REPORT ON VIOLATIONS OF LAW OR EX-
ECUTIVE ORDER. 
‘‘(a) ANNUAL REPORTS REQUIRED.—Not later than 
April 1 of each year, the Director of National Intelligence 
shall submit to the congressional intelligence committees 
a report on violations of law or executive order by per-
sonnel of an element of the intelligence community that 
were identified during the previous calendar year. 
‘‘(b) ELEMENTS.—Each report required subsection 
(a) shall include a description of any violation of law or 
executive order (including Executive Order No. 12333 (50 
U.S.C. 3001 note)) by personnel of an element of the intel-
ligence community in the course of such employment that, 
during the previous calendar year, was determined by the 
director, head, general counsel, or inspector general of any 
element of the intelligence community to have occurred.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
in the first section of the National Security Act of 1947 
is amended by adding after the section relating to section 
508 the following: 
‘‘Sec. 509. Annual report on violations of law or Executive order.’’. 
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SEC. 10. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY 
PROCEDURES FOR THE ACQUISITION, RETEN-
TION, 
AND 
DISSEMINATION 
OF 
INTEL-
LIGENCE. 
(a) IN GENERAL.—Title V of the National Security 
Act of 1947 (50 U.S.C. 3091 et seq.), as amended by sec-
tion 9, is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 510. PERIODIC REVIEW OF INTELLIGENCE COMMU-
NITY PROCEDURES FOR THE ACQUISITION, 
RETENTION, AND DISSEMINATION OF INTEL-
LIGENCE. 
‘‘(a) HEAD OF AN ELEMENT OF THE INTELLIGENCE 
COMMUNITY DEFINED.—In this section, the term ‘head 
of an element of the intelligence community’ means, as 
appropriate— 
‘‘(1) the head of an element of the intelligence 
community; or 
‘‘(2) the head of the department or agency con-
taining such element. 
‘‘(b) REVIEW OF PROCEDURES APPROVED BY THE 
ATTORNEY GENERAL.— 
‘‘(1) 
REQUIREMENT
FOR
IMMEDIATE
RE-
VIEW.—Each head of an element of the intelligence 
community that has not obtained the approval of the 
Attorney General for the procedures, in their en-
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tirety, required by section 2.3 of Executive Order 
12333 (50 U.S.C. 3001 note) within 5 years prior 
to the date of the enactment of the FISA Trans-
parency and Modernization Act, shall initiate, not 
later than 180 days after such date of enactment, a 
review of the procedures for such element, in accord-
ance with paragraph (3). 
‘‘(2) REQUIREMENT
FOR
REVIEW.—Not less 
frequently than once every 5 years, each head of an 
element of the intelligence community shall conduct 
a review of the procedures approved by the Attorney 
General for such element that are required by sec-
tion 2.3 of Executive Order 12333 (50 U.S.C. 3001 
note), or any successor order, in accordance with 
paragraph (3). 
‘‘(3) REQUIREMENTS FOR REVIEWS.—In coordi-
nation with the Director of National Intelligence and 
the Attorney General, the head of an element of the 
intelligence community required to perform a review 
under paragraph (1) or (2) shall— 
‘‘(A) review existing procedures for such 
element that are required by section 2.3 of Ex-
ecutive Order 12333 (50 U.S.C. 3001 note), or 
any successor order, to assess whether— 
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‘‘(i) advances in communications or 
other technologies since the time the proce-
dures were most recently approved by the 
Attorney General have affected the privacy 
protections that the procedures afford to 
United States persons, to include the pro-
tections afforded to United States persons 
whose nonpublic communications are inci-
dentally acquired by an element of the in-
telligence community; or 
‘‘(ii) aspects of the existing proce-
dures impair the acquisition, retention, or 
dissemination of timely, accurate, and in-
sightful information about the activities, 
capabilities, plans, and intentions of for-
eign powers, organization, and persons, 
and their agents; and 
‘‘(B) propose any modifications to existing 
procedures for such element in order to— 
‘‘(i) clarify the guidance such proce-
dures afford to officials responsible for the 
acquisition, retention, and dissemination of 
intelligence; 
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‘‘(ii) eliminate unnecessary impedi-
ments to the acquisition, retention, and 
dissemination of intelligence; or 
‘‘(iii) ensure appropriate protections 
for the privacy of United States persons 
and persons located inside the United 
States. 
‘‘(4) NOTICE.—The Director of National Intel-
ligence and the Attorney General shall notify the 
congressional intelligence committees following the 
completion of each review required under this sec-
tion. 
‘‘(5) 
REQUIREMENT
TO
PROVIDE
PROCE-
DURES.—Upon the implementation of any modifica-
tions to procedures required by section 2.3 of Execu-
tive Order 12333 (50 U.S.C. 3001 note), or any suc-
cessor order, the head of the element of the intel-
ligence community to which the modified procedures 
apply shall promptly provide a copy of the modified 
procedures to the congressional intelligence commit-
tees.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
in the first section of the National Security Act of 1947, 
as amended by section 9, is further amended by adding 
after the section relating to section 509 the following: 
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‘‘Sec. 510. Periodic review of intelligence community procedures for the acquisi-
tion, retention, and dissemination of intelligence.’’. 
SEC. 11. PROCEDURES FOR TARGETED ACQUISITIONS OF 
TERRORIST AND FOREIGN AGENT NON-CON-
TENT COMMUNICATIONS RECORDS. 
(a) IN GENERAL.—Title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 503. PROCEDURES FOR TARGETED ACQUISITIONS OF 
TERRORIST AND FOREIGN AGENT NON-CON-
TENT COMMUNICATIONS RECORDS. 
‘‘(a) AUTHORIZATION.—Notwithstanding any other 
provision of law, upon the issuance of an order in accord-
ance with subsection (i)(3) or a determination under sub-
section (c)(2), the Attorney General and the Director of 
National Intelligence may authorize jointly, for a period 
of up to 1 year from the effective date of the authoriza-
tion, the acquisition from an electronic communication 
service provider of records created as a result of commu-
nications of an individual or facility who, based on reason-
able and articulable suspicion, is— 
‘‘(1) a foreign power or the agent of a foreign 
power; 
‘‘(2) associated with a foreign power or the 
agent of a foreign power; or 
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‘‘(3) in contact with, or known to, a suspected 
agent of a foreign power. 
‘‘(b) LIMITATIONS.—An acquisition authorized under 
subsection (a) shall be reasonably designed— 
‘‘(1) not to acquire— 
‘‘(A) the contents associated with any com-
munication; 
‘‘(B) records of wire or electronic commu-
nications without the use of specific identifiers 
or selection terms; 
‘‘(C) information for an investigation of a 
United States person conducted solely upon the 
basis of activities protected by the first amend-
ment to the Constitution; or 
‘‘(D) the name, address, social security 
number, employer or taxpayer identification 
number, date of birth, or credit card number of 
any United States person; and 
‘‘(2) to comply with the fourth amendment to 
the Constitution of the United States. 
‘‘(c) CONDUCT OF ACQUISITION.— 
‘‘(1) IN GENERAL.—An acquisition authorized 
under subsection (a) shall be conducted only— 
‘‘(A) in accordance with the selection and 
civil liberties and privacy protection procedures 
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adopted in accordance with subsections (d) and 
(e); and 
‘‘(B) upon submission of a certification in 
accordance with subsection (g). 
‘‘(2) DETERMINATION.—A determination under 
this paragraph and for purposes of subsection (a) is 
a determination by the Attorney General and the Di-
rector of National Intelligence that exigent cir-
cumstances exist because, without immediate imple-
mentation of an authorization under subsection (a), 
intelligence important to the national security of the 
United States may be lost or not timely acquired 
and time does not permit the issuance of an order 
pursuant to subsection (i)(3) prior to the implemen-
tation of such authorization. 
‘‘(3) TIMING OF DETERMINATION.—The Attor-
ney General and the Director of National Intel-
ligence may make the determination under para-
graph (2)— 
‘‘(A) before the submission of a certifi-
cation in accordance with subsection (g); or 
‘‘(B) by amending a certification pursuant 
to subsection (i)(1)(C) at any time during 
which judicial review under subsection (i) of 
such certification is pending. 
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‘‘(d) SELECTION PROCEDURES.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 
General, in consultation with the Director of Na-
tional Intelligence, shall adopt selection procedures 
that are reasonably designed to ensure that any ac-
quisition authorized under subsection (a) complies 
with the requirements and limitations relating to 
such acquisitions under subsections (a) and (b); 
‘‘(2) 
JUDICIAL
REVIEW.—The 
procedures 
adopted in accordance with paragraph (1) shall be 
subject to judicial review pursuant to subsection (i). 
‘‘(e) CIVIL LIBERTIES AND PRIVACY PROTECTION 
PROCEDURES.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 
General, in consultation with the Director of Na-
tional Intelligence, shall adopt civil liberties and pri-
vacy protection procedures that are reasonably de-
signed to— 
‘‘(A) minimize the impact of any acquisi-
tion authorized by (a) on the privacy and civil 
liberties of United States persons; and 
‘‘(B) reasonably limit the receipt, reten-
tion, use, and disclosure of communications 
records associated with a specific person when 
such records are not necessary to understand 
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foreign intelligence information or assess the 
importance of such information. 
‘‘(2) JUDICIAL REVIEW.—The civil liberties and 
privacy protection procedures adopted in accordance 
with paragraph (1) shall be subject to judicial review 
pursuant to subsection (i). 
‘‘(f) GUIDELINES FOR COMPLIANCE WITH LIMITA-
TIONS.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 
General, in consultation with the Director of Na-
tional Intelligence, shall adopt guidelines to ensure— 
‘‘(A) compliance with the requirements and 
limitations under subsections (a) and (b); and 
‘‘(B) that an application for a court order 
is filed as required by this title. 
‘‘(2) SUBMISSION OF GUIDELINES.—The Attor-
ney General shall provide the guidelines adopted in 
accordance with paragraph (1)— 
‘‘(A) the congressional intelligence commit-
tees; 
‘‘(B) the Committees on the Judiciary of 
the Senate and the House of Representatives; 
and 
‘‘(C) the Foreign Intelligence Surveillance 
Court. 
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‘‘(g) CERTIFICATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT TO SUBMIT CERTIFI-
CATION.—Subject to subparagraph (B), prior to 
the implementation of an authorization under 
subsection (a), the Attorney General and the 
Director of National Intelligence shall provide 
to the Foreign Intelligence Surveillance Court a 
written certification and any supporting affi-
davit, under oath and under seal, in accordance 
with this subsection. 
‘‘(B) EXCEPTION.—If the Attorney Gen-
eral and the Director of National Intelligence 
make a determination under subsection (c)(2) 
and time does not permit the submission of a 
certification under this subsection prior to the 
implementation of an authorization under sub-
section (a), the Attorney General and the Direc-
tor of National Intelligence shall submit to the 
Court a certification for such authorization as 
soon as practicable but in no event later than 
7 days after such determination is made. 
‘‘(2) CERTIFICATION REQUIREMENTS.—A cer-
tification made under this subsection shall— 
‘‘(A) attest that— 
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‘‘(i) procedures have been approved, 
have been submitted for approval, or will 
be submitted with the certification for ap-
proval by the Foreign Intelligence Surveil-
lance Court that are reasonably designed 
to ensure compliance with the require-
ments and limitations under subsections 
(a) and (b); 
‘‘(ii) the civil liberties and privacy pro-
tection procedures to be used with respect 
to such acquisition— 
‘‘(I) meet the requirements of 
civil liberties and privacy protection 
procedures adopted under subsection 
(e); and 
‘‘(II) have been approved, have 
been submitted for approval, or will be 
submitted with the certification for 
approval by the Foreign Intelligence 
Surveillance Court; 
‘‘(iii) guidelines have been adopted in 
accordance with subsection (f) to ensure 
compliance with the limitations in sub-
section (b) and to ensure that an applica-
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tion for a court order is filed as required 
by this chapter; 
‘‘(iv) the procedures and guidelines re-
ferred to in clauses (i), (ii), and (iii) are 
consistent with the requirements of the 
fourth amendment to the Constitution of 
the United States; 
‘‘(v) a significant purpose of the ac-
quisition is to obtain foreign intelligence 
information; 
‘‘(vi) the acquisition involves obtaining 
foreign intelligence information from or 
with the assistance of an electronic com-
munications service provider; and 
‘‘(vii) the acquisition complies with 
the limitations in subsection (b); 
‘‘(B) include the procedures adopted in ac-
cordance with subsections (d) and (e); 
‘‘(C) be supported, as appropriate, by the 
affidavit of any appropriate official in the area 
of national security who is— 
‘‘(i) appointed by the President, by 
and with the advice and consent of the 
Senate; or 
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‘‘(ii) the head of an element of the in-
telligence community; 
‘‘(D) include— 
‘‘(i) an effective date for the author-
ization that is at least 30 days after the 
submission of the written certification to 
the court; or 
‘‘(ii) if the acquisition has begun or 
the effective date is less than 30 days after 
the submission of the written certification 
to the court, the date the acquisition began 
or the effective date for the acquisition; 
and 
‘‘(E) if the Attorney General and the Di-
rector of National Intelligence make a deter-
mination under subsection (c)(2), include a 
statement that such determination has been 
made. 
‘‘(3) CHANGE IN EFFECTIVE DATE.—The At-
torney General and the Director of National Intel-
ligence may advance or delay the effective date re-
ferred to in paragraph (2)(D) by submitting an 
amended certification in accordance with subsection 
(i)(1)(C) to the Foreign Intelligence Surveillance 
Court for review pursuant to subsection (i). 
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‘‘(4) MAINTENANCE OF CERTIFICATION.—The 
Attorney General or a designee of the Attorney Gen-
eral shall maintain a copy of a certification made 
under this subsection. 
‘‘(5) JUDICIAL
REVIEW.—A certification sub-
mitted in accordance with this subsection shall be 
subject to judicial review pursuant to subsection (i). 
‘‘(h) DIRECTIVES.— 
‘‘(1) AUTHORITY.—With respect to an acquisi-
tion authorized under subsection (a), the Attorney 
General and the Director of National Intelligence 
may direct, in writing, an electronic communications 
service provider to— 
‘‘(A) immediately provide the Government 
with records, whether existing or created in the 
future, in the format specified by the Govern-
ment and in a manner that will protect the se-
crecy of the acquisition; and 
‘‘(B) maintain under security procedures 
approved by the Attorney General and the Di-
rector of National Intelligence any records con-
cerning the aid furnished that such electronic 
communication service provider retains. 
‘‘(2) COMPENSATION
AND
ASSISTANCE.—The 
Government shall compensate, at the prevailing rate, 
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an electronic communications service provider for 
providing records in accordance with directives 
issued pursuant to paragraph (1). The Government 
may provide any information, facilities, or assistance 
necessary to aid an electronic communications serv-
ice provider in complying with a directive issued pur-
suant to paragraph (1). 
‘‘(3) RECORD REQUIREMENT.—For any direc-
tive issued under paragraph (1), the Attorney Gen-
eral shall retain a record of the information indi-
cating that, at the time the directive was issued, the 
directive complied with the selection procedures es-
tablished by subsection (d). 
‘‘(4) JUDICIAL REVIEW.— 
‘‘(A) REQUIREMENT TO PROVIDE DIREC-
TIVES AND SUPPORTING RECORDS.—The Attor-
ney General shall promptly provide to the court 
established by section 103(a) a copy of each di-
rective issued under paragraph (1) and a copy 
of each record prepared under paragraph (3). 
‘‘(B) REMEDY
FOR
IMPROPER
DIREC-
TIVES.—The court shall promptly consider each 
directive and record provided under subpara-
graph (A), and if the court finds that a record 
prepared under paragraph (3) does not meet 
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the requirements of the selection procedures es-
tablished by subsection (d), the court may order 
that the production of records under the appli-
cable directive be terminated or modified, that 
the information produced in response to the di-
rective be destroyed, or another appropriate 
remedy. 
‘‘(5) CHALLENGING OF DIRECTIVES.— 
‘‘(A) AUTHORITY
TO
CHALLENGE.—An 
electronic communications service provider re-
ceiving a directive issued pursuant to paragraph 
(1) may file a petition to modify or set aside 
such directive with the Foreign Intelligence 
Surveillance Court, which shall have jurisdiction 
to review such petition. 
‘‘(B) ASSIGNMENT.—The presiding judge 
of the Court shall assign a petition filed under 
subparagraph (A) to 1 of the judges serving in 
the pool established under section 103(e)(1) not 
later than 24 hours after the filing of such peti-
tion. 
‘‘(C) STANDARDS FOR REVIEW.—A judge 
considering a petition filed under subparagraph 
(A) may grant such petition only if the judge 
finds that the directive does not meet the re-
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quirements of this section or is otherwise un-
lawful. 
‘‘(D) 
PROCEDURES
FOR
INITIAL
RE-
VIEW.—A judge shall conduct an initial review 
of a petition filed under subparagraph (A) not 
later than 5 days after being assigned such pe-
tition. If the judge determines that such peti-
tion consists of claims, defenses, or other legal 
contentions that are not warranted by existing 
law or consists of a frivolous argument for ex-
tending, modifying, or reversing existing law or 
for establishing new law, the judge shall imme-
diately deny such petition and affirm the direc-
tive or any part of the directive that is the sub-
ject of such petition and order the recipient to 
comply with the directive or any part of it. 
Upon making a determination under this sub-
paragraph or promptly thereafter, the judge 
shall provide a written statement for the record 
of the reasons for such determination. 
‘‘(E) PROCEDURES
FOR
PLENARY
RE-
VIEW.—If a judge determines that a petition 
filed under subparagraph (A) requires plenary 
review, the judge shall affirm, modify, or set 
aside the directive that is the subject of such 
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petition not later than 30 days after being as-
signed such petition. If the judge does not set 
aside the directive, the judge shall immediately 
affirm or affirm with modifications the direc-
tive, and order the recipient to comply with the 
directive in its entirety or as modified. The 
judge shall provide a written statement for the 
record of the reasons for a determination under 
this subparagraph. 
‘‘(F) CONTINUED EFFECT.—Any directive 
not explicitly modified or set aside under this 
paragraph shall remain in full effect. 
‘‘(G) CONTEMPT
OF
COURT.—Failure to 
obey an order issued under this paragraph may 
be punished by the Court as contempt of court. 
‘‘(6) ENFORCEMENT OF DIRECTIVES.— 
‘‘(A) ORDER TO COMPEL.—If an electronic 
communications service provider fails to comply 
with a directive issued pursuant to paragraph 
(1), the Attorney General may file a petition for 
an order to compel the service to comply with 
the directive with the Foreign Intelligence Sur-
veillance Court, which shall have jurisdiction to 
review such petition. 
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‘‘(B) ASSIGNMENT.—The presiding judge 
of the Court shall assign a petition filed under 
subparagraph (A) to 1 of the judges serving in 
the pool established under section 103(e)(1) not 
later than 24 hours after the filing of such peti-
tion. 
‘‘(C) PROCEDURES FOR REVIEW.—A judge 
considering a petition filed under subparagraph 
(A) shall, not later than 30 days after being as-
signed such petition, issue an order requiring 
the electronic communications service provider 
to comply with the directive or any part of it, 
as issued or as modified, if the judge finds that 
the directive meets the requirements of this sec-
tion and is otherwise lawful. The judge shall 
provide a written statement for the record of 
the reasons for a determination under this 
paragraph. 
‘‘(D) CONTEMPT
OF
COURT.—Failure to 
obey an order issued under this paragraph may 
be punished by the Court as contempt of court. 
‘‘(E) PROCESS.—Any process under this 
paragraph may be served in any judicial district 
in which the electronic communications service 
provider may be found. 
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‘‘(7) APPEAL.— 
‘‘(A) APPEAL
TO
THE
COURT
OF
RE-
VIEW.—The Government or an electronic com-
munications service provider receiving a direc-
tive issued pursuant to paragraph (1) may file 
a petition with the Foreign Intelligence Surveil-
lance Court of Review for review of a decision 
issued pursuant to paragraph (4) or (5). The 
Court of Review shall have jurisdiction to con-
sider such petition and shall provide a written 
statement for the record of the reasons for a 
decision under this subparagraph. 
‘‘(B) 
CERTIORARI
TO
THE
SUPREME 
COURT.—The Government or an electronic com-
munications service provider receiving a direc-
tive issued pursuant to paragraph (1) may file 
a petition for a writ of certiorari for review of 
a decision of the Court of Review issued under 
subparagraph (A). The record for such review 
shall be transmitted under seal to the Supreme 
Court of the United States, which shall have ju-
risdiction to review such decision. 
‘‘(8) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to prevent a direc-
tive issued under paragraph (1) from requiring an 
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electronic 
communications 
service 
provider 
to 
produce additional records, whether existing or cre-
ated in the future, based on records produced by a 
previous directive issued under paragraph (1). 
‘‘(i) JUDICIAL REVIEW
OF CERTIFICATIONS
AND 
PROCEDURES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW
BY
THE
FOREIGN
INTEL-
LIGENCE SURVEILLANCE COURT.—The Foreign 
Intelligence Surveillance Court shall have juris-
diction to review a certification submitted in ac-
cordance with subsection (g) and the selection 
and civil liberties and privacy protection proce-
dures adopted in accordance with subsections 
(d) and (e), and amendments to such certifi-
cation or such procedures. 
‘‘(B) TIME
PERIOD
FOR
REVIEW.—The 
Court shall review a certification submitted in 
accordance with subsection (g) and the selection 
and civil liberties and privacy protection proce-
dures adopted in accordance with subsections 
(d) and (e) and shall complete such review and 
issue an order under paragraph (3) not later 
than 30 days after the date on which such cer-
tification and such procedures are submitted. 
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‘‘(C) AMENDMENTS.—The Attorney Gen-
eral and the Director of National Intelligence 
may amend a certification submitted in accord-
ance with subsection (g) or the selection and 
civil liberties and privacy protection procedures 
adopted in accordance with subsections (d) and 
(e) as necessary at any time, including if the 
Court is conducting or has completed review of 
such certification or such procedures, and shall 
submit the amended certification or amended 
procedures to the Court not later than 7 days 
after amending such certification or such proce-
dures. The Court shall review any amendment 
under this subparagraph under the procedures 
set forth in this subsection. The Attorney Gen-
eral and the Director of National Intelligence 
may authorize the use of an amended certifi-
cation or amended procedures pending the 
Court’s review of such amended certification or 
amended procedures. 
‘‘(2) REVIEW.—The Court shall review the fol-
lowing: 
‘‘(A) CERTIFICATION.—A certification sub-
mitted in accordance with subsection (g) to de-
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termine whether the certification contains all 
the required elements. 
‘‘(B) SELECTION
PROCEDURES.—The se-
lection procedures adopted in accordance with 
subsection (d) to assess whether the procedures 
are reasonably designed to meet the require-
ments of subsection (d). 
‘‘(C) CIVIL LIBERTIES AND PRIVACY PRO-
TECTION PROCEDURES.—The civil liberties and 
privacy protection procedures adopted in ac-
cordance with subsection (e) to assess whether 
such procedures meet the requirements of sub-
section (e). 
‘‘(3) ORDERS.— 
‘‘(A) APPROVAL.—If the Court finds that 
a certification submitted in accordance with 
subsection (g) contains all the required ele-
ments and that the selection and civil liberties 
and privacy protection procedures adopted in 
accordance with subsections (d) and (e) are 
consistent with the requirements of those sub-
sections and with the fourth amendment to the 
Constitution of the United States, the Court 
shall enter an order approving the certification 
and the use, or continued use in the case of an 
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acquisition authorized pursuant to a determina-
tion under subsection (c)(2), of the procedures 
for the acquisition. 
‘‘(B) CORRECTION OF DEFICIENCIES.—If 
the Court finds that a certification submitted in 
accordance with subsection (g) does not contain 
all the required elements, or that the proce-
dures adopted in accordance with subsections 
(d) and (e) are not consistent with the require-
ments of those subsections or the fourth 
amendment to the Constitution of the United 
States, the Court shall issue an order directing 
the Government to, at the Government’s elec-
tion and to the extent required by the Court’s 
order— 
‘‘(i) correct any deficiency identified 
by the Court’s order not later than 30 days 
after the date on which the Court issues 
the order; or 
‘‘(ii) cease, or not begin, the imple-
mentation of the authorization for which 
such certification was submitted. 
‘‘(C) REQUIREMENT FOR WRITTEN STATE-
MENT.—In support of an order under this sub-
section, the Court shall provide, simultaneously 
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with the order, for the record a written state-
ment of the reasons for the order. 
‘‘(4) APPEAL.— 
‘‘(A) APPEAL
TO
THE
COURT
OF
RE-
VIEW.—The Government may file a petition 
with the Foreign Intelligence Surveillance Court 
of Review for review of an order under this sub-
section. The Court of Review shall have juris-
diction to consider such petition. For any deci-
sion under this subparagraph affirming, revers-
ing, or modifying an order of the Foreign Intel-
ligence Surveillance Court, the Court of Review 
shall provide for the record a written statement 
of the reasons for the decision. 
‘‘(B) 
CONTINUATION
OF
ACQUISITION 
PENDING REHEARING OR APPEAL.—Any acqui-
sition affected by an order under paragraph 
(3)(B) may continue— 
‘‘(i) during the pendency of any re-
hearing of the order by the Court en banc; 
and 
‘‘(ii) if the Government files a petition 
for review of an order under this section, 
until the Court of Review enters an order 
under subparagraph (C). 
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‘‘(C) 
IMPLEMENTATION
PENDING
AP-
PEAL.—Not later than 60 days after the filing 
of a petition for review of an order under para-
graph (3)(B) directing the correction of a defi-
ciency, the Court of Review shall determine, 
and enter a corresponding order regarding, 
whether all or any part of the correction order, 
as issued or modified, shall be implemented 
during the pendency of the review. 
‘‘(D) 
CERTIORARI
TO
THE
SUPREME 
COURT.—The Government may file a petition 
for a writ of certiorari for review of a decision 
of the Court of Review issued under subpara-
graph (A). The record for such review shall be 
transmitted under seal to the Supreme Court of 
the United States, which shall have jurisdiction 
to review such decision. 
‘‘(5) SCHEDULE.— 
‘‘(A) REAUTHORIZATION
OF
AUTHORIZA-
TIONS
IN
EFFECT.—If the Attorney General 
and the Director of National Intelligence seek 
to reauthorize or replace an authorization 
issued under subsection (a), the Attorney Gen-
eral and the Director of National Intelligence 
shall, to the extent practicable, submit to the 
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Court the certification prepared in accordance 
with subsection (g) and the procedures adopted 
in accordance with subsections (d) and (e) at 
least 30 days prior to the expiration of such au-
thorization. 
‘‘(B) REAUTHORIZATION OF ORDERS, AU-
THORIZATIONS, AND
DIRECTIVES.—If the At-
torney General and the Director of National In-
telligence seek to reauthorize or replace an au-
thorization issued under subsection (a) by filing 
a certification pursuant to subparagraph (A), 
that authorization, and any directives issued 
thereunder and any order related thereto, shall 
remain in effect, notwithstanding the expiration 
provided for in subsection (a), until the Court 
issues an order with respect to such certifi-
cation under paragraph (3) at which time the 
provisions of that paragraph and paragraph (4) 
shall apply with respect to such certification. 
‘‘(j) JUDICIAL PROCEEDINGS.— 
‘‘(1) EXPEDITED JUDICIAL PROCEEDINGS.—Ju-
dicial proceedings under this section shall be con-
ducted as expeditiously as possible. 
‘‘(2) TIME LIMITS.—A time limit for a judicial 
decision in this section shall apply unless the Court, 
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the Court of Review, or any judge of either the 
Court or the Court of Review, by order for reasons 
stated, extends that time as necessary for good 
cause in a manner consistent with national security. 
‘‘(k) MAINTENANCE
AND SECURITY
OF RECORDS 
AND PROCEEDINGS.— 
‘‘(1) STANDARDS.—The Foreign Intelligence 
Surveillance Court shall maintain a record of a pro-
ceeding under this section, including petitions, ap-
peals, orders, and statements of reasons for a deci-
sion, under security measures adopted by the Chief 
Justice of the United States, in consultation with 
the Attorney General and the Director of National 
Intelligence. 
‘‘(2) FILING AND REVIEW.—All petitions under 
this section shall be filed under seal. In any pro-
ceedings under this section, the Court shall, upon re-
quest of the Government, review ex parte and in 
camera any Government submission, or portions of 
a submission, which may include classified informa-
tion. 
‘‘(3) RETENTION OF RECORDS.—The Attorney 
General and the Director of National Intelligence 
shall retain a directive or an order issued under this 
section for a period of not less than 10 years from 
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the date on which such directive or such order is 
issued. 
‘‘(l) ASSESSMENTS AND REVIEWS.— 
‘‘(1) SEMIANNUAL ASSESSMENT.—Not less fre-
quently than once every 6 months, the Attorney 
General and Director of National Intelligence shall 
assess compliance with the selection and civil lib-
erties and privacy protection procedures adopted in 
accordance with subsections (d) and (e) and the 
guidelines adopted in accordance with subsection (f). 
The assessment shall also include the aggregate 
number of directives issued under subsection (h) 
during the relevant time period. The Attorney Gen-
eral and Director of National Intelligence shall sub-
mit each assessment to— 
‘‘(A) the Foreign Intelligence Surveillance 
Court; and 
‘‘(B) consistent with the Rules of the 
House of Representatives, the Standing Rules 
of the Senate, and Senate Resolution 400 of the 
94th Congress or any successor Senate resolu-
tion— 
‘‘(i) 
the 
congressional 
intelligence 
committees; and 
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‘‘(ii) the Committees on the Judiciary 
of the House of Representatives and the 
Senate. 
‘‘(2) AGENCY
ASSESSMENT.—The Inspector 
General of the Department of Justice and the In-
spector General of each element of the intelligence 
community authorized to acquire communications 
records under subsection (a), with respect to the de-
partment or element of such Inspector General— 
‘‘(A) are authorized to review compliance 
with the selection and civil liberties and privacy 
protection procedures adopted in accordance 
with subsections (d) and (e) and the guidelines 
adopted in accordance with subsection (f); 
‘‘(B) shall provide each such review to— 
‘‘(i) the Attorney General; 
‘‘(ii) the Director of National Intel-
ligence; and 
‘‘(iii) consistent with the Rules of the 
House of Representatives, the Standing 
Rules of the Senate, and Senate Resolution 
400 of the 94th Congress or any successor 
Senate resolution— 
‘‘(I) the congressional intelligence 
committees; and 
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‘‘(II) the Committees on the Ju-
diciary of the House of Representa-
tives and the Senate. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) The terms ‘contents’, ‘wire communica-
tion’, and ‘electronic communication’ have the mean-
ing given such terms in section 2510 of title 18, 
United States Code. 
‘‘(2) The term ‘electronic communication serv-
ice provider’ has the meaning given such term in 
section 701. 
‘‘(3) The terms ‘foreign power’ and ‘agent of a 
foreign power’ have the meanings given such terms 
in section 101.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 note) is amended by insert-
ing after the item relating to section 502 the following 
new item: 
‘‘Sec. 503. Procedures for targeted acquisitions of terrorist and foreign agent 
non-content communications records.’’. 
(c) CONFORMING AMENDMENT.—Section 802(a)(3) 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1885a) is amended by striking ‘‘or 702(h)’’ and 
inserting ‘‘503(h), or 702(h)’’. 
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SEC. 12. CONTINUOUS EVALUATION AND SHARING OF DE-
ROGATORY INFORMATION REGARDING PER-
SONNEL WITH ACCESS TO CLASSIFIED IN-
FORMATION. 
Section 102A(j) of the National Security Act of 1947 
(50 U.S.C. 3024(j)) is amended— 
(1) in the heading, by striking ‘‘SENSITIVE 
COMPARTMENTED
INFORMATION’’ and inserting 
‘‘CLASSIFIED INFORMATION’’; 
(2) in paragraph (3), by striking ‘‘; and’’ and 
inserting a semicolon; 
(3) in paragraph (4), by striking the period and 
inserting a semicolon; and 
(4) by adding at the end the following new 
paragraphs: 
‘‘(5) ensure that the background of each em-
ployee or officer of an element of the intelligence 
community, each contractor to an element of the in-
telligence community, and each individual employee 
of such a contractor who has been determined to be 
eligible for access to classified information is mon-
itored on a continual basis under standards devel-
oped by the Director, including with respect to the 
frequency of evaluation, during the period of eligi-
bility of such employee or officer of an element of 
the intelligence community, such contractor, or such 
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individual employee to such a contractor to deter-
mine whether such employee or officer of an element 
of the intelligence community, such contractor, and 
such individual employee of such a contractor con-
tinues to meet the requirements for eligibility for ac-
cess to classified information; and 
‘‘(6) develop procedures to require information 
sharing between elements of the intelligence commu-
nity concerning potentially derogatory security infor-
mation regarding an employee or officer of an ele-
ment of the intelligence community, a contractor to 
an element of the intelligence community, or an indi-
vidual employee of such a contractor that may im-
pact the eligibility of such employee or officer of an 
element of the intelligence community, such con-
tractor, or such individual employee of such a con-
tractor for a security clearance.’’. 
SEC. 13. REQUIREMENTS FOR INTELLIGENCE COMMUNITY 
CONTRACTORS. 
(a) REQUIREMENTS.—Section 102A of the National 
Security Act of 1947 (50 U.S.C. 3024) is amended by 
adding at the end the following new subsection: 
‘‘(x) REQUIREMENTS FOR INTELLIGENCE COMMU-
NITY CONTRACTORS.—The Director of National Intel-
ligence, in consultation with the head of each department 
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of the Federal Government that contains an element of 
the intelligence community and the Director of the Central 
Intelligence Agency, shall— 
‘‘(1) ensure that— 
‘‘(A) any contractor to an element of the 
intelligence community with access to a classi-
fied network or classified information develops 
and operates a security plan that is consistent 
with standards established by the Director of 
National Intelligence for intelligence community 
networks; and 
‘‘(B) each contract awarded by an element 
of the intelligence community includes provi-
sions requiring the contractor comply with such 
plan and such standards; 
‘‘(2) conduct periodic assessments of each secu-
rity plan required under paragraph (1)(A) to ensure 
such security plan complies with the requirements of 
such paragraph; and 
‘‘(3) ensure that the insider threat detection ca-
pabilities and insider threat policies of the intel-
ligence community apply to facilities of contractors 
with access to a classified network.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to contracts entered 
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into or renewed after the date of the enactment of this 
Act. 
Æ 
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