I 
114TH CONGRESS 
1ST SESSION H. R. 2048 
To reform the authorities of the Federal Government to require the production 
of certain business records, conduct electronic surveillance, use pen reg-
isters and trap and trace devices, and use other forms of information 
gathering for foreign intelligence, counterterrorism, and criminal pur-
poses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2015 
Mr. SENSENBRENNER (for himself, Mr. GOODLATTE, Mr. CONYERS, Mr. 
FRANKS of Arizona, Mr. NADLER, Mr. GOWDY, Mr. ISSA, Mr. FORBES, 
Ms. JACKSON LEE, Mr. PIERLUISI, Ms. JUDY CHU of California, Mr. 
DEUTCH, Mr. GUTIE´RREZ, Mr. RICHMOND, Mr. JEFFRIES, Mr. 
CICILLINE, Ms. DELBENE, Mrs. MIMI WALTERS of California, Mr. 
TROTT, Mr. COHEN, Mr. JOHNSON of Georgia, and Mr. FARENTHOLD) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Select Committee on Intelligence (Per-
manent Select) and Financial Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To reform the authorities of the Federal Government to 
require the production of certain business records, con-
duct 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. 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Uniting and Strengthening America by Fulfilling Rights 
and Ensuring Effective Discipline Over Monitoring Act of 
2015’’ or the ‘‘USA FREEDOM Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 
TITLE I—FISA BUSINESS RECORDS REFORMS 
Sec. 101. Additional requirements for call detail records. 
Sec. 102. Emergency authority. 
Sec. 103. Prohibition on bulk collection of tangible things. 
Sec. 104. Judicial review. 
Sec. 105. Liability protection. 
Sec. 106. Compensation for assistance. 
Sec. 107. Definitions. 
Sec. 108. Inspector General reports on business records orders. 
Sec. 109. Effective date. 
Sec. 110. Rule of construction. 
TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE 
REFORM 
Sec. 201. Prohibition on bulk collection. 
Sec. 202. Privacy procedures. 
TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE 
THE UNITED STATES REFORMS 
Sec. 301. Limits on use of unlawfully obtained information. 
TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT 
REFORMS 
Sec. 401. Appointment of amicus curiae. 
Sec. 402. Declassification of decisions, orders, and opinions. 
TITLE V—NATIONAL SECURITY LETTER REFORM 
Sec. 501. Prohibition on bulk collection. 
Sec. 502. Limitations on disclosure of national security letters. 
Sec. 503. Judicial review. 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
TITLE VI—FISA TRANSPARENCY AND REPORTING 
REQUIREMENTS 
Sec. 601. Additional reporting on orders requiring production of business 
records; business records compliance reports to Congress. 
Sec. 602. Annual reports by the Government. 
Sec. 603. Public reporting by persons subject to FISA orders. 
Sec. 604. Reporting requirements for decisions, orders, and opinions of the 
Foreign Intelligence Surveillance Court and the Foreign Intel-
ligence Surveillance Court of Review. 
Sec. 605. Submission of reports under FISA. 
TITLE VII—ENHANCED NATIONAL SECURITY PROVISIONS 
Sec. 701. Emergencies involving non-United States persons. 
Sec. 702. Preservation of treatment of non-United States persons traveling out-
side the United States as agents of foreign powers. 
Sec. 703. Improvement to investigations of international proliferation of weap-
ons of mass destruction. 
Sec. 704. Increase in penalties for material support of foreign terrorist organi-
zations. 
Sec. 705. Sunsets. 
TITLE VIII—SAFETY OF MARITIME NAVIGATION AND NUCLEAR 
TERRORISM CONVENTIONS IMPLEMENTATION 
Subtitle A—Safety of Maritime Navigation 
Sec. 801. Amendment to section 2280 of title 18, United States Code. 
Sec. 802. New section 2280a of title 18, United States Code. 
Sec. 803. Amendments to section 2281 of title 18, United States Code. 
Sec. 804. New section 2281a of title 18, United States Code. 
Sec. 805. Ancillary measure. 
Subtitle B—Prevention of Nuclear Terrorism 
Sec. 811. New section 2332i of title 18, United States Code. 
Sec. 812. Amendment to section 831 of title 18, United States Code. 
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
TITLE I—FISA BUSINESS 
RECORDS REFORMS 
SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 
RECORDS. 
(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 
1861(b)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘a statement’’ and inserting ‘‘in the 
case of an application other than an application 
described in subparagraph (C) (including an ap-
plication for the production of call detail 
records other than in the manner described in 
subparagraph (C)), a statement’’; and 
(B) in clause (iii), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) by redesignating subparagraphs (A) and 
(B) as subparagraphs (B) and (D), respectively; and 
(3) by inserting after subparagraph (B) (as so 
redesignated) the following new subparagraph: 
‘‘(C) in the case of an application for the 
production on an ongoing basis of call detail 
records created before, on, or after the date of 
the application relating to an authorized inves-
tigation (other than a threat assessment) con-
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
ducted in accordance with subsection (a)(2) to 
protect against international terrorism, a state-
ment of facts showing that— 
‘‘(i) there are reasonable grounds to 
believe that the call detail records sought 
to be produced based on the specific selec-
tion term required under subparagraph (A) 
are relevant to such investigation; and 
‘‘(ii) there is a reasonable, articulable 
suspicion that such specific selection term 
is associated with a foreign power engaged 
in international terrorism or activities in 
preparation therefor, or an agent of a for-
eign power engaged in international ter-
rorism or activities in preparation therefor; 
and’’. 
(b) 
ORDER.—Section 
501(c)(2) 
(50 
U.S.C. 
1861(c)(2)) is amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (E), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(F) in the case of an application de-
scribed in subsection (b)(2)(C), shall— 
‘‘(i) authorize the production on a 
daily basis of call detail records for a pe-
riod not to exceed 180 days; 
‘‘(ii) provide that an order for such 
production may be extended upon applica-
tion under subsection (b) and the judicial 
finding under paragraph (1) of this sub-
section; 
‘‘(iii) provide that the Government 
may require the prompt production of a 
first set of call detail records using the 
specific selection term that satisfies the 
standard 
required 
under 
subsection 
(b)(2)(C)(ii); 
‘‘(iv) provide that the Government 
may require the prompt production of a 
second set of call detail records using ses-
sion-identifying information or a telephone 
calling card number identified by the spe-
cific selection term used to produce call de-
tail records under clause (iii); 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(v) provide that, when produced, 
such records be in a form that will be use-
ful to the Government; 
‘‘(vi) direct each person the Govern-
ment directs to produce call detail records 
under the order to furnish the Government 
forthwith all information, facilities, or 
technical assistance necessary to accom-
plish 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 pro-
viding to each subject of the production; 
and 
‘‘(vii) direct the Government to— 
‘‘(I) adopt minimization proce-
dures that require the prompt de-
struction of all call detail records pro-
duced under the order that the Gov-
ernment determines are not foreign 
intelligence information; and 
‘‘(II) 
destroy 
all 
call 
detail 
records produced under the order as 
prescribed by such procedures.’’. 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
SEC. 102. EMERGENCY AUTHORITY. 
(a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is 
amended by adding at the end the following new sub-
section: 
‘‘(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 Attor-
ney General— 
‘‘(A) reasonably determines that an emer-
gency situation requires the production of tan-
gible things before an order authorizing such 
production can with due diligence be obtained; 
‘‘(B) reasonably determines that the fac-
tual basis for the issuance of an order under 
this section to approve such production of tan-
gible 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 em-
ploy the authority under this subsection; and 
‘‘(D) makes an application in accordance 
with this section to a judge having jurisdiction 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
under this section as soon as practicable, but 
not later than 7 days after the Attorney Gen-
eral requires the emergency production of tan-
gible things under this subsection. 
‘‘(2) If the Attorney General requires the emer-
gency 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 approv-
ing the production of tangible things under this sub-
section, the production shall terminate when the in-
formation 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 re-
quiring 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 sec-
tion 103. 
‘‘(5) If such application for approval is denied, 
or in any other case where the production of tangible 
things is terminated and no order is issued approv-
ing the production, no information obtained or evi-
dence derived from such production shall be received 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
in evidence or otherwise disclosed in any trial, hear-
ing, or other proceeding in or before any court, 
grand jury, department, office, agency, regulatory 
body, legislative committee, or other authority of the 
United States, a State, or a political subdivision 
thereof, and no information concerning any United 
States person acquired from such production shall 
subsequently be used or disclosed in any other man-
ner 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 per-
son. 
‘‘(6) The Attorney General shall assess compli-
ance with the requirements of paragraph (5).’’. 
(b) CONFORMING AMENDMENT.—Section 501(d) (50 
U.S.C. 1861(d)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘pursuant to an order’’ and in-
serting ‘‘pursuant to an order issued or an 
emergency production required’’; 
(B) in subparagraph (A), by striking ‘‘such 
order’’ and inserting ‘‘such order or such emer-
gency production’’; and 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
(C) in subparagraph (B), by striking ‘‘the 
order’’ and inserting ‘‘the order or the emer-
gency production’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘an 
order’’ and inserting ‘‘an order or emergency 
production’’; and 
(B) in subparagraph (B), by striking ‘‘an 
order’’ and inserting ‘‘an order or emergency 
production’’. 
SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN-
GIBLE THINGS. 
(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 
1861(b)(2)), as amended by section 101(a) of this Act, 
is further amended by inserting before subparagraph (B), 
as redesignated by such section 101(a) of this Act, the 
following new subparagraph: 
‘‘(A) a specific selection term to be used as 
the basis for the production of the tangible 
things sought;’’. 
(b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is 
amended— 
(1) in paragraph (2)(A), by striking the semi-
colon and inserting ‘‘, including each specific selec-
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
tion term to be used as the basis for the produc-
tion;’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) No order issued under this subsection may 
authorize the collection of tangible things without 
the use of a specific selection term that meets the 
requirements of subsection (b)(2).’’. 
SEC. 104. JUDICIAL REVIEW. 
(a) MINIMIZATION PROCEDURES.— 
(1) JUDICIAL REVIEW.—Section 501(c)(1) (50 
U.S.C. 1861(c)(1)) is amended by inserting after 
‘‘subsections (a) and (b)’’ the following: ‘‘and that 
the minimization procedures submitted in accord-
ance with subsection (b)(2)(D) meet the definition of 
minimization procedures under subsection (g)’’. 
(2) RULE OF CONSTRUCTION.—Section 501(g) 
(50 U.S.C. 1861(g)) is amended by adding at the 
end the following new paragraph: 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall limit the authority of the court 
established under section 103(a) to impose addi-
tional, particularized minimization procedures with 
regard to the production, retention, or dissemination 
of nonpublicly available information concerning 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
unconsenting United States persons, including addi-
tional, particularized procedures related to the de-
struction of information within a reasonable time pe-
riod.’’. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) is 
amended— 
(A) by striking ‘‘Not later than 180 days 
after the date of the enactment of the USA PA-
TRIOT Improvement and Reauthorization Act 
of 2005, the’’ and inserting ‘‘The’’; and 
(B) by inserting after ‘‘adopt’’ the fol-
lowing: ‘‘, and update as appropriate,’’. 
(b) 
ORDERS.—Section 
501(f)(2) 
(50 
U.S.C. 
1861(f)(2)) is amended— 
(1) in subparagraph (A)(i)— 
(A) by striking ‘‘that order’’ and inserting 
‘‘the production order or any nondisclosure 
order imposed in connection with the produc-
tion order’’; and 
(B) by striking the second sentence; and 
(2) in subparagraph (C)— 
(A) by striking clause (ii); and 
(B) by redesignating clause (iii) as clause 
(ii). 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
SEC. 105. LIABILITY PROTECTION. 
Section 501(e) (50 U.S.C. 1861(e)) is amended to 
read as follows: 
‘‘(e)(1) No cause of action shall lie in any court 
against a person who— 
‘‘(A) produces tangible things or provides infor-
mation, facilities, or technical assistance in accord-
ance with an order issued or an emergency produc-
tion required under this section; or 
‘‘(B) otherwise provides technical assistance to 
the Government under this section or to implement 
the amendments made to this section by the USA 
FREEDOM Act of 2015. 
‘‘(2) A production or provision of information, facili-
ties, or technical assistance described in paragraph (1) 
shall not be deemed to constitute a waiver of any privilege 
in any other proceeding or context.’’. 
SEC. 106. COMPENSATION FOR ASSISTANCE. 
Section 501 (50 U.S.C. 1861), as amended by section 
102 of this Act, is further amended by adding at the end 
the following new subsection: 
‘‘(j) COMPENSATION.—The Government shall com-
pensate a person for reasonable expenses incurred for— 
‘‘(1) producing tangible things or providing in-
formation, facilities, or assistance in accordance with 
an order issued with respect to an application de-
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
scribed in subsection (b)(2)(C) or an emergency pro-
duction under subsection (i) that, to comply with 
subsection (i)(1)(D), requires an application de-
scribed in subsection (b)(2)(C); or 
‘‘(2) otherwise providing technical assistance to 
the Government under this section or to implement 
the amendments made to this section by the USA 
FREEDOM Act of 2015.’’. 
SEC. 107. DEFINITIONS. 
Section 501 (50 U.S.C. 1861), as amended by section 
106 of this Act, is further amended by adding at the end 
the following new subsection: 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) IN GENERAL.—The terms ‘foreign power’, 
‘agent of a foreign power’, ‘international terrorism’, 
‘foreign intelligence information’, ‘Attorney General’, 
‘United States person’, ‘United States’, ‘person’, and 
‘State’ have the meanings provided those terms in 
section 101. 
‘‘(2) ADDRESS.—The term ‘address’ means a 
physical address or electronic address, such as an 
electronic mail address or temporarily assigned net-
work address (including an Internet protocol ad-
dress). 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(3) CALL DETAIL RECORD.—The term ‘call de-
tail record’— 
‘‘(A) means session-identifying information 
(including an originating or terminating tele-
phone number, an International Mobile Sub-
scriber Identity number, or an International 
Mobile Station Equipment Identity number), a 
telephone calling card number, or the time or 
duration of a call; and 
‘‘(B) does not include— 
‘‘(i) the contents (as defined in section 
2510(8) of title 18, United States Code) of 
any communication; 
‘‘(ii) the name, address, or financial 
information of a subscriber or customer; or 
‘‘(iii) cell site location or global posi-
tioning system information. 
‘‘(4) SPECIFIC SELECTION TERM.— 
‘‘(A) TANGIBLE THINGS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in subparagraph (B), a ‘specific se-
lection term’— 
‘‘(I) is a term that specifically 
identifies a person, account, address, 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS
or personal device, or any other spe-
cific identifier; and 
‘‘(II) is used to limit, to the 
greatest extent reasonably practicable, 
the scope of tangible things sought 
consistent with the purpose for seek-
ing the tangible things. 
‘‘(ii) LIMITATION.—A specific selec-
tion term under clause (i) does not include 
an identifier that does not limit, to the 
greatest extent reasonably practicable, the 
scope of tangible things sought consistent 
with the purpose for seeking the tangible 
things, such as an identifier that— 
‘‘(I) identifies an electronic com-
munication service provider (as that 
term is defined in section 701) or a 
provider of remote computing service 
(as that term is defined in section 
2711 of title 18, United States Code), 
when not used as part of a specific 
identifier as described in clause (i), 
unless the provider is itself a subject 
of an authorized investigation for 
which the specific selection term is 
VerDate Sep 11 2014 
02:55 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2048.IH
H2048
emcdonald on DSK67QTVN1PROD with BILLS