IB 
Union Calendar No. 334 
113TH CONGRESS 
2D SESSION 
H. R. 3361 
[Report No. 113–452, Parts I and II] 
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 
OCTOBER 29, 2013 
Mr. SENSENBRENNER (for himself, Mr. CONYERS, Ms. LOFGREN, Mr. AMASH, 
Mr. NADLER, Mr. ROE of Tennessee, Ms. JACKSON LEE, Mr. FARR, Mr. 
POLIS, Ms. CHU, Ms. BASS, Mr. RICHMOND, Mr. THOMPSON of Mis-
sissippi, Ms. DELBENE, Mr. ROHRABACHER, Mr. MICA, Mr. YOUNG of 
Alaska, Mr. PETRI, Mr. SANFORD, Mr. WELCH, Mr. GRAYSON, Mr. DUN-
CAN of South Carolina, Ms. ESHOO, Mr. ROKITA, Mr. SMITH of Missouri, 
Mr. STEWART, Mr. AMODEI, Mr. YOHO, Mr. JEFFRIES, Ms. NORTON, 
Mr. DEUTCH, Mr. SCOTT of Virginia, Mr. QUIGLEY, Mr. HUNTER, Mr. 
GARAMENDI, Mr. MULLIN, Mr. MASSIE, Ms. LEE of California, Ms. 
MOORE, Mr. DUFFY, Ms. GABBARD, Mr. COBLE, Mr. TERRY, Mr. 
GRAVES of Georgia, Mr. POCAN, Mr. O’ROURKE, Mr. LABRADOR, Mr. 
HUFFMAN, Mr. GOWDY, Mr. COFFMAN, Mr. MULVANEY, Mr. BURGESS, 
Mr. ISSA, Mr. MORAN, Mr. GIBSON, Mr. HONDA, Ms. SPEIER, Mr. JOHN-
SON of Georgia, Mr. GOHMERT, Mr. YODER, Mr. GENE GREEN of Texas, 
Mr. HUELSKAMP, Mr. CAPUANO, Mr. BENTIVOLIO, Mr. JONES, Mr. 
THOMPSON of Pennsylvania, Mr. BUCHANAN, Mr. LONG, Mr. ELLISON, 
Mr. DAINES, Mr. MICHAUD, Mr. LOWENTHAL, Mr. PEARCE, Mr. POE of 
Texas, Mr. BERA of California, Mr. GRIFFIN of Arkansas, Mr. BLU-
MENAUER, Mr. SCHWEIKERT, and Mr. FITZPATRICK) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Select Committee on Intelligence (Permanent Select) 
and Financial Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
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MAY 15, 2014 
Additional sponsors: Mr. ENYART, Mr. LEWIS, Ms. HANABUSA, Mr. 
FARENTHOLD, Ms. MCCOLLUM, Mr. SMITH
of New Jersey, Mr. 
HORSFORD, Mr. MCCLINTOCK, Mr. TIERNEY, Ms. PINGREE of Maine, 
Ms. KUSTER, Mr. MCGOVERN, Mr. PERRY, Mr. LARSEN of Washington, 
Mr. RIBBLE, Ms. BONAMICI, Mr. CUMMINGS, Mr. NUGENT, Mr. 
LAMALFA, Ms. BROWNLEY of California, Mr. CARSON of Indiana, Mr. 
KINGSTON, Mr. LUETKEMEYER, Mrs. NOEM, Ms. SHEA-PORTER, Mr. 
SALMON, Mr. FLEMING, Mr. DEFAZIO, Mr. VELA, Mr. MCDERMOTT, Mr. 
STOCKMAN, Ms. SCHAKOWSKY, Mr. GRIJALVA, Mr. CICILLINE, Mr. 
COURTNEY, Mr. MESSER, Mr. JORDAN, Mrs. CAPPS, Ms. DELAURO, Ms. 
MATSUI, Mr. BROUN of Georgia, Mr. KEATING, Mr. WEBER of Texas, 
Mr. SCHRADER, Mr. AUSTIN SCOTT of Georgia, Mr. BRIDENSTINE, Mr. 
KENNEDY, Mr. SHERMAN, Mr. GARRETT, Mr. LYNCH, Mr. SWALWELL of 
California, Mr. BEN RAY LUJA´N of New Mexico, Mr. DUNCAN of Ten-
nessee, Mr. GUTHRIE, Mr. CAMPBELL, Mr. DOYLE, Ms. CLARK of Massa-
chusetts, Mrs. CAROLYN B. MALONEY of New York, Mr. TONKO, Ms. 
TSONGAS, Mr. MARCHANT, Mr. GARDNER, Mr. NEAL, Mrs. NAPOLITANO, 
Mr. WILSON of South Carolina, Mr. COHEN, Mr. LANCE, Mr. PETERS 
of Michigan, Mr. GOSAR, Ms. DEGETTE, Mr. SERRANO, Ms. HERRERA 
BEUTLER, Mr. GOODLATTE, and Mr. WITTMAN 
MAY 15, 2014 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY 15, 2014 
Reported from the Select Committee on Intelligence (Permanent Select) with 
an amendment 
[Strike out all after the enacting clause and insert the part printed in boldface roman] 
May 15, 2014 
The Committee on Financial Services discharged; committed to the Committee 
of the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on October 29, 2013] 
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. 
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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 
‘‘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 tan-
gible 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. 
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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 Surveil-
lance Court. 
Sec. 606. Submission of reports under FISA. 
TITLE VII—SUNSETS 
Sec. 701. Sunsets. 
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or a repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.). 
TITLE I—FISA BUSINESS 
RECORDS REFORMS 
SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 
RECORDS. 
(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 
1861(b)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘a statement’’ and inserting ‘‘in the case 
of an application other than an application de-
scribed in subparagraph (C), a statement’’; and 
(B) in clause (iii), by striking ‘‘; and’’ and 
inserting a semicolon; 
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(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 be-
lieve that the call detail records sought to be 
produced based on the specific selection term 
required under subparagraph (A) are rel-
evant to an authorized investigation (other 
than a threat assessment) conducted in ac-
cordance 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)) 
is amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ 
and inserting a semicolon; 
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(2) in subparagraph (E), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(F) in the case of an application described 
in subsection (b)(2)(C), shall— 
‘‘(i) authorize the production of call de-
tail records for a period 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); 
‘‘(iii) provide that the Government 
may require the production of call detail 
records— 
‘‘(I) using the specific selection 
term that satisfies the standard re-
quired under subsection (b)(2)(C)(ii) 
as the basis for production; and 
‘‘(II) using the results of the pro-
duction under subclause (I) as the 
basis for production; 
‘‘(iv) direct each person the Govern-
ment directs to produce call detail records 
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under the order to furnish the Government 
forthwith all information, facilities, or tech-
nical 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 assess-
ment) conducted in accordance with sub-
section (a)(2) to protect against inter-
national terrorism.’’. 
SEC. 102. EMERGENCY AUTHORITY. 
(a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is 
amended by adding at the end the following new subsection: 
‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF 
TANGIBLE THINGS.— 
‘‘(1) Notwithstanding any other provision of this 
section, the Attorney General may require the emer-
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gency production of tangible things if the Attorney 
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 factual 
basis for the issuance of an order under this sec-
tion 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 author-
ity 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 re-
quires the emergency production of tangible 
things under this subsection. 
‘‘(2) If the Attorney General authorizes the emer-
gency production of tangible things under paragraph 
(1), the Attorney General shall require that the mini-
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mization 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 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 this sec-
tion. 
‘‘(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 evi-
dence 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 infor-
mation concerning any United States person acquired 
from such production shall subsequently be used or 
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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 in-
formation indicates a threat of death or serious bodily 
harm to any person. 
‘‘(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 emer-
gency production required’’; 
(B) in subparagraph (A), by striking ‘‘such 
order’’ and inserting ‘‘such order or such emer-
gency production’’; and 
(C) in subparagraph (B), by striking ‘‘the 
order’’ and inserting ‘‘the order or the emergency 
production’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘an 
order’’ and inserting ‘‘an order or emergency 
production’’; and 
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(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-
tion term to be used as the basis for the production;’’; 
and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) No order issued under this subsection may author-
ize the collection of tangible things without the use of a spe-
cific selection term that meets the requirements of subsection 
(b)(2).’’. 
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SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCE-
DURES FOR THE PRODUCTION OF TANGIBLE 
THINGS. 
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 ac-
cordance with subsection (b)(2)(D) meet the definition of 
minimization procedures under subsection (g)’’. 
SEC. 105. LIABILITY PROTECTION. 
Section 501(e) (50 U.S.C. 1861(e)) is amended to read 
as follows: 
‘‘(e) No cause of action shall lie in any court against 
a person who produces tangible things or provides informa-
tion, facilities, or technical assistance pursuant to an order 
issued or an emergency production required under this sec-
tion. Such production shall not be deemed to constitute a 
waiver of any privilege in any other proceeding or con-
text.’’. 
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, at the prevailing rate, a person for producing tan-
gible things or providing information, facilities, or assist-
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ance in accordance with an order issued or an emergency 
production required under this section.’’. 
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) CALL DETAIL RECORD DEFINED.—The term 
‘call detail record’— 
‘‘(A) means session identifying information 
(including originating or terminating telephone 
number, International Mobile Subscriber Iden-
tity 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) of title 18, 
United States Code); 
‘‘(ii) the name, address, or financial 
information of a subscriber or customer; or 
‘‘(iii) cell site location information. 
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‘‘(2) SPECIFIC
SELECTION
TERM.—The term 
‘specific selection term’ means a term used to unique-
ly describe a person, entity, or account.’’. 
SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 
RECORDS ORDERS. 
Section 106A of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109–177; 120 
Stat. 200) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘and 
calendar years 2012 through 2014’’ after ‘‘2006’’; 
(B) by striking paragraphs (2) and (3); 
(C) by redesignating paragraphs (4) and 
(5) as paragraphs (2) and (3), respectively; and 
(D) in paragraph (3) (as so redesignated)— 
(i) by striking subparagraph (C) and 
inserting the following new subparagraph: 
‘‘(C) with respect to calendar years 2012 
through 2014, an examination of the minimiza-
tion procedures used in relation to orders under 
section 501 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861) and whether 
the minimization procedures adequately protect 
the constitutional rights of United States per-
sons;’’; and 
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(ii) in subparagraph (D), by striking 
‘‘(as such term is defined in section 3(4) of 
the National Security Act of 1947 (50 
U.S.C. 401a(4)))’’; 
(2) in subsection (c), by adding at the end the 
following new paragraph: 
‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— 
Not later than December 31, 2015, the Inspector Gen-
eral 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 re-
port 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— 
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‘‘(A) the importance of the information ac-
quired under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) 
to the activities of the intelligence community; 
‘‘(B) the manner in which that information 
was collected, retained, analyzed, and dissemi-
nated by the intelligence community; 
‘‘(C) the minimization procedures used by 
elements of the intelligence community under 
such title and whether the minimization proce-
dures 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 re-
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port containing the results of the assessment for cal-
endar years 2012 through 2014.’’; 
(5) in subsection (e), as redesignated by para-
graph (3)— 
(A) in paragraph (1)— 
(i) by striking ‘‘a report under sub-
section (c)(1) or (c)(2)’’ and inserting ‘‘any 
report under subsection (c) or (d)’’; and 
(ii) by striking ‘‘Inspector General of 
the Department of Justice’’ and inserting 
‘‘Inspector General of the Department of 
Justice, the Inspector General of the Intel-
ligence 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 Intel-
ligence Community in complying with the 
requirements of this section’’; and 
(B) in paragraph (2), by striking ‘‘the re-
ports submitted under subsections (c)(1) and 
(c)(2)’’ and inserting ‘‘any report submitted 
under subsection (c) or (d)’’; 
(6) in subsection (f), as redesignated by para-
graph (3)— 
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(A) by striking ‘‘The reports submitted 
under subsections (c)(1) and (c)(2)’’ and insert-
ing ‘‘Each report submitted under subsection 
(c)’’; and 
(B) by striking ‘‘subsection (d)(2)’’ and in-
serting ‘‘subsection (e)(2)’’; and 
(7) by adding at the end the following new sub-
section: 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE COMMUNITY.—The term ‘in-
telligence community’ has the meaning given that 
term in section 3 of the National Security Act of 1947 
(50 U.S.C. 3003). 
‘‘(2) 
UNITED
STATES
PERSON.—The 
term 
‘United States person’ has the meaning given that 
term in section 101 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1801).’’. 
SEC. 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. 
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TITLE II—FISA PEN REGISTER 
AND TRAP AND TRACE DE-
VICE REFORM 
SEC. 201. PROHIBITION ON BULK COLLECTION. 
(a) PROHIBITION.—Section 402(c) (50 U.S.C. 1842(c)) 
is amended— 
(1) in paragraph (1), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (2), by striking the period and 
inserting a semicolon; and 
(3) by adding at the end the following new para-
graph: 
‘‘(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) is 
amended by adding at the end the following new paragraph: 
‘‘(4) The term ‘specific selection term’ has the 
meaning given the term in section 501.’’. 
SEC. 202. MINIMIZATION PROCEDURES. 
(a) DEFINITION.—Section 401 (50 U.S.C. 1841), as 
amended by section 201 of this Act, is further amended by 
adding at the end the following new paragraph: 
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‘‘(5) 
The 
term 
‘minimization 
procedures’ 
means— 
‘‘(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 non-
publicly 
available 
information 
concerning 
unconsenting United States persons consistent 
with the need of the United States to obtain, 
produce, and disseminate foreign intelligence in-
formation; 
‘‘(B) procedures that require that nonpub-
licly 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 iden-
tity is necessary to understand foreign intel-
ligence information or assess its importance; and 
‘‘(C) notwithstanding subparagraphs (A) 
and (B), procedures that allow for the retention 
and dissemination of information that is evi-
dence of a crime which has been, is being, or is 
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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)), as amended by section 201 of this Act, is further 
amended by adding at the end the following new paragraph: 
‘‘(4) a statement of proposed minimization pro-
cedures.’’. 
(c) ORDER.—Section 402(d) (50 U.S.C. 1842(d)) is 
amended— 
(1) in paragraph (1), by inserting ‘‘and that the 
proposed minimization procedures meet the definition 
of minimization procedures under this title’’ before 
the period at the end; and 
(2) in paragraph (2)(B)— 
(A) in clause (ii)(II), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(B) by adding at the end the following new 
clause: 
‘‘(iv) the minimization procedures be fol-
lowed; and’’. 
(d) COMPLIANCE
ASSESSMENT.—Section 402 (50 
U.S.C. 1842) is amended by adding at the end the following 
new subsection: 
‘‘(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 
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device is approved under an order or an extension under 
this section, the judge may assess compliance with the mini-
mization procedures by reviewing the circumstances under 
which information concerning United States persons was 
retained or disseminated.’’. 
TITLE III—FISA ACQUISITIONS 
TARGETING 
PERSONS 
OUT-
SIDE THE UNITED STATES RE-
FORMS 
SEC. 301. PROHIBITION ON REVERSE TARGETING. 
Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is amended 
by striking ‘‘the purpose’’ and inserting ‘‘a purpose’’. 
SEC. 302. MINIMIZATION PROCEDURES. 
Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amend-
ed— 
(1) by striking ‘‘that meet’’ and inserting the fol-
lowing: ‘‘that— 
‘‘(A) meet’’; 
(2) in subparagraph (A) (as designated by para-
graph (1) of this section), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) consistent with such definition, mini-
mize the acquisition, and prohibit the retention 
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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 ap-
pears to be located in the United States, except 
to protect against an immediate threat to human 
life.’’. 
SEC. 303. LIMITS ON USE OF UNLAWFULLY OBTAINED IN-
FORMATION. 
Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended 
by adding at the end the following new subparagraph: 
‘‘(D) LIMITATION
ON
USE
OF
INFORMA-
TION.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), no information obtained or 
evidence derived from an acquisition pursu-
ant to a certification or targeting or mini-
mization 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, 
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agency, regulatory body, legislative com-
mittee, or other authority of the United 
States, a State, or political subdivision 
thereof, and no information concerning any 
United States person acquired from the ac-
quisition shall subsequently be used or dis-
closed in any other manner by Federal offi-
cers or employees without the consent of the 
United States person, except with the ap-
proval of the Attorney General if the infor-
mation indicates a threat of death or seri-
ous 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.’’. 
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TITLE 
IV—FOREIGN 
INTEL-
LIGENCE 
SURVEILLANCE 
COURT REFORMS 
SEC. 401. APPOINTMENT OF AMICUS CURIAE. 
Section 103 (50 U.S.C. 1803) is amended by adding 
at the end the following new subsection: 
‘‘(i) AMICUS CURIAE.— 
‘‘(1) 
AUTHORIZATION.—A 
court 
established 
under subsection (a) or (b), consistent with the re-
quirement 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 consid-
eration 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 ap-
pointment 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 eli-
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gible 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 tech-
nical expertise to the courts and who have been deter-
mined 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, certifi-
cation, 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 au-
thority 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 (includ-
ing on a non-reimbursable basis) the assistance of the 
executive branch in the implementation of this sub-
section. 
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‘‘(6) 
ADMINISTRATION.—A 
court 
established 
under subsection (a) or (b) may provide for the des-
ignation, appointment, removal, training, or other 
support for an individual appointed to serve as ami-
cus curiae under paragraph (1) in a manner that is 
not inconsistent with this subsection.’’. 
SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND 
OPINIONS. 
(a) DECLASSIFICATION.—Title VI (50 U.S.C. 1871 et 
seq.) is amended— 
(1) in the heading, by striking ‘‘REPORTING 
REQUIREMENT’’ 
and 
inserting 
‘‘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 sub-
section (b), the Attorney General shall conduct a declas-
sification review of each decision, order, or opinion issued 
by the Foreign Intelligence Surveillance Court or the For-
eign 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, con-
sistent with that review, make publicly available to the 
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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 deci-
sion, 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 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 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.’’. 
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TITLE V—NATIONAL SECURITY 
LETTER REFORM 
SEC. 501. PROHIBITION ON BULK COLLECTION. 
(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE 
TOLL AND TRANSACTIONAL RECORDS.—Section 2709(b) of 
title 18, United States Code, is amended in the matter pre-
ceding paragraph (1) by striking ‘‘may’’ and inserting 
‘‘may, using a specific selection term as the basis for a re-
quest’’. 
(b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN IN-
TELLIGENCE
AND
PROTECTIVE
PURPOSES.—Section 
1114(a)(2) of the Right to Financial Privacy Act of 1978 
(12 U.S.C. 3414(a)(2)) is amended by striking the period 
and inserting ‘‘and a 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.—Sec-
tion 626(a) of the Fair Credit Reporting Act (15 U.S.C. 
1681u(a)) is amended by striking ‘‘that information,’’ and 
inserting ‘‘that information that includes a specific selec-
tion term to be used as the basis for the production of that 
information,’’. 
(d) DISCLOSURES TO GOVERNMENTAL AGENCIES FOR 
COUNTERTERRORISM
PURPOSES
OF
CONSUMER
RE-
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PORTS.—Section 627(a) of the Fair Credit Reporting Act 
(15 U.S.C. 1681v(a)) is amended by striking ‘‘analysis.’’ 
and inserting ‘‘analysis and a specific selection term to be 
used as the basis for the production of such information.’’. 
(e) DEFINITIONS.— 
(1) COUNTERINTELLIGENCE
ACCESS
TO
TELE-
PHONE
TOLL
AND
TRANSACTIONAL
RECORDS.—Sec-
tion 2709 of title 18, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(g) SPECIFIC SELECTION TERM DEFINED.—In this 
section, the term ‘specific selection term’ has the meaning 
given the term in section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861).’’. 
(2) ACCESS TO FINANCIAL RECORDS FOR CER-
TAIN INTELLIGENCE AND PROTECTIVE PURPOSES.— 
Section 1114 of the Right to Financial Privacy Act 
of 1978 (12 U.S.C. 3414) is amended by adding at 
the end the following new subsection: 
‘‘(e) In this section, the term ‘specific selection term’ 
has the meaning given the term in section 501 of the For-
eign Intelligence Surveillance Act of 1978 (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 
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U.S.C. 1681u) is amended by adding at the end the 
following new subsection: 
‘‘(n) SPECIFIC SELECTION TERM DEFINED.—In this 
section, the term ‘specific selection term’ has the meaning 
given the term in section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (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) is amended by adding at the 
end the following new subsection: 
‘‘(g) SPECIFIC SELECTION TERM DEFINED.—In this 
section, the term ‘specific selection term’ has the meaning 
given the term in section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861).’’. 
TITLE VI—FISA TRANSPARENCY 
AND 
REPORTING 
REQUIRE-
MENTS 
SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING 
PRODUCTION OF BUSINESS RECORDS. 
Section 502(b) (50 U.S.C. 1862(b)) is amended— 
(1) by redesignating paragraphs (1), (2), and (3) 
as paragraphs (5), (6), and (7), respectively; and 
(2) by inserting before paragraph (5) (as so re-
designated) the following new paragraphs: 
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‘‘(1) the total number of applications described 
in section 501(b)(2)(B) made for orders approving re-
quests for the production of tangible things; 
‘‘(2) the total number of such orders either grant-
ed, modified, or denied; 
‘‘(3) the total number of applications described 
in section 501(b)(2)(C) made for orders approving re-
quests for the production of call detail records; 
‘‘(4) the total number of such orders either grant-
ed, modified, or denied;’’. 
SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO 
CONGRESS. 
(a) BUSINESS
RECORDS
PRODUCTIONS.—Section 
502(b) (50 U.S.C. 1862(b)), as amended by section 601 of 
this Act, is further amended— 
(1) by redesignating paragraphs (1) through (7) 
as paragraphs (2) through (8), respectively; and 
(2) by inserting before paragraph (2) (as so re-
designated) 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)) is amended— 
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(1) in paragraph (4), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (5), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(6) any compliance reviews conducted by the 
Federal Government of electronic surveillance, phys-
ical searches, the installation of pen register or trap 
and trace devices, access to records, or acquisitions 
conducted under this Act.’’. 
SEC. 603. ANNUAL REPORT BY THE DIRECTOR OF THE AD-
MINISTRATIVE 
OFFICE 
OF 
THE 
UNITED 
STATES COURTS ON ORDERS ENTERED. 
(a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 
as amended by section 402 of this Act, is further amended 
by adding at the end the following new section: 
‘‘SEC. 603. ANNUAL REPORT ON ORDERS ENTERED. 
‘‘The Director of the Administrative Office of the 
United States Courts shall annually submit to the Perma-
nent 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— 
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‘‘(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 indi-
vidual 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 re-
lating to section 602, as added by such section 402, the fol-
lowing new item: 
‘‘Sec. 603. Annual report on orders entered.’’. 
SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 
FISA ORDERS. 
(a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 
as amended by section 603 of this Act, is further amended 
by adding at the end the following new section: 
‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 
ORDERS. 
‘‘(a) REPORTING.—A person may semiannually pub-
licly report the following information with respect to the 
preceding half year using one of the following structures: 
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‘‘(1) A report that aggregates the number of or-
ders or directives the person was required to comply 
with in the following separate categories: 
‘‘(A) Criminal process, subject to no restric-
tions. 
‘‘(B) The number of national security letters 
received, reported in bands of 1000 starting with 
0-999. 
‘‘(C) The number of customer accounts af-
fected 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 start-
ing with 0-999. 
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‘‘(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 ap-
plications 
described 
in 
section 
501(b)(2)(B); and 
‘‘(IV) title V with respect to ap-
plications 
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 or-
ders or directives the person was required to comply 
with in the following separate categories: 
‘‘(A) Criminal process, subject to no restric-
tions. 
‘‘(B) The total number of all national secu-
rity process received, including all national secu-
rity letters and orders under this Act, reported 
as a single number in a band of 0-249 and there-
after in bands of 250. 
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‘‘(C) The total number of customer selectors 
targeted under all national security process re-
ceived, including all national security letters and 
orders under this Act, reported as a single num-
ber in a band of 0-249 and thereafter in bands 
of 250. 
‘‘(3) A report that aggregates the number of or-
ders or directives the person was required to comply 
with in the following separate categories: 
‘‘(A) Criminal process, subject to no restric-
tions. 
‘‘(B) The number of national security letters 
received, reported in bands of 500 starting with 
0-499. 
‘‘(C) The number of customer accounts af-
fected 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 tar-
geted under such orders, in bands of 500 starting 
with 0-499. 
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‘‘(F) The number of orders under this Act 
for non-content, reported in bands of 500 start-
ing with 0-499. 
‘‘(G) The number of customer selectors tar-
geted under such orders, reported in bands of 500 
starting with 0-499. 
‘‘(b) NATIONAL SECURITY LETTER DEFINED.—The 
term ‘national security letter’ means any of the following 
provisions: 
‘‘(1) Section 2709 of title 18, United States 
Code. 
‘‘(2) Section 1114(a)(5)(A) of the Right to Fi-
nancial 
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), 
1681u(b)). 
‘‘(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 re-
lating to section 603, as added by section 603 of this Act, 
the following new item: 
‘‘Sec. 604. Public reporting by persons subject to orders.’’. 
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SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS OF 
THE FOREIGN INTELLIGENCE SURVEILLANCE 
COURT. 
Section 601(c)(1) (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 Review 
issues a decision, order, or opinion that includes a 
significant construction or interpretation of any pro-
vision 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 opin-
ion and any pleadings, applications, or memo-
randa 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 back-
ground factual information, questions of law, 
legal analysis, and decision rendered; and’’. 
SEC. 606. SUBMISSION OF REPORTS UNDER FISA. 
(a) ELECTRONIC SURVEILLANCE.—Section 108(a)(1) 
(50 U.S.C. 1808(a)(1)) is amended by striking ‘‘the House 
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Permanent Select Committee on Intelligence and the Senate 
Select Committee on Intelligence, and the Committee on the 
Judiciary of the Senate,’’ and inserting ‘‘the Permanent Se-
lect 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 Judici-
ary of the Senate’’. 
(b) PHYSICAL SEARCHES.—Section 306 (50 U.S.C. 
1826) is amended— 
(1) in the first sentence, by striking ‘‘Permanent 
Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence 
of the Senate, and the Committee on the Judiciary of 
the Senate,’’ and inserting ‘‘Permanent Select Com-
mittee on Intelligence and the Committee on the Judi-
ciary of the House of Representatives and the Select 
Committee on Intelligence and the Committee on the 
Judiciary of the Senate’’; and 
(2) in the second sentence, by striking ‘‘and the 
Committee on the Judiciary of the House of Rep-
resentatives’’. 
(c) PEN REGISTER AND TRAP AND TRACE DEVICES.— 
Section 406(b) (50 U.S.C. 1846(b)) is amended— 
(1) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
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(2) in paragraph (3), by striking the period and 
inserting a semicolon; and 
(3) by adding at the end the following new para-
graphs: 
‘‘(4) each department or agency on behalf of 
which the Government has made application for or-
ders 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)) is amended by striking ‘‘Permanent Select Com-
mittee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence and the Committee on 
the Judiciary of the Senate’’ and inserting ‘‘Permanent Se-
lect Committee on Intelligence of the House of Representa-
tives, the Select Committee on Intelligence of the Senate, 
and the Committees on the Judiciary of the House of Rep-
resentatives and the Senate’’. 
TITLE VII—SUNSETS 
SEC. 701. SUNSETS. 
(a) USA PATRIOT IMPROVEMENT AND REAUTHOR-
IZATION ACT OF 2005.—Section 102(b)(1) of the USA PA-
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TRIOT Improvement and Reauthorization Act of 2005 (50 
U.S.C. 1805 note) is amended by striking ‘‘June 1, 2015’’ 
and inserting ‘‘December 31, 2017’’. 
(b) INTELLIGENCE REFORM AND TERRORISM PREVEN-
TION ACT OF 2004.—Section 6001(b)(1) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
1801 note) is amended by striking ‘‘June 1, 2015’’ and in-
serting ‘‘December 31, 2017’’. 
SECTION 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 con-
tents 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. 
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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 en-
tered. 
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. 
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 In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.). 
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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 in-
serting ‘‘in the case of an application 
other than an application 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 of call detail 
records created on or after the date 
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of the application, a statement of 
facts showing that— 
‘‘(i) 
there 
are 
reasonable 
grounds to believe that the call 
detail records sought to be pro-
duced based on the specific selec-
tion term required under sub-
paragraph (A) are relevant to an 
authorized 
investigation 
(other 
than a threat assessment) con-
ducted in accordance with sub-
section (a)(2) to protect against 
international terrorism; and 
‘‘(ii) there are facts giving rise 
to a reasonable, articulable sus-
picion 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)) 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 
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(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 
sub-
section (b) and the judicial find-
ing under paragraph (1); 
‘‘(iii) provide that the Govern-
ment may require the production 
of call detail records— 
‘‘(I) using the specific se-
lection term that satisfies the 
standard required under sub-
section 
(b)(2)(C)(ii) 
as 
the 
basis for production; and 
‘‘(II) using the results of 
the production under sub-
clause (I) as the basis for pro-
duction; 
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‘‘(iv) direct each person the 
Government directs to produce 
call 
detail 
records 
under 
the 
order to furnish the Government 
forthwith all information, facili-
ties, or technical assistance nec-
essary to accomplish the produc-
tion in such a manner as will pro-
tect the secrecy of the production 
and produce a minimum of inter-
ference 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 pro-
duced under the order not later 
than 5 years after the date of the 
production of such records, ex-
cept 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.’’. 
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SEC. 102. EMERGENCY AUTHORITY. 
(a) AUTHORITY.—Section 501 (50 U.S.C. 
1861) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(i) EMERGENCY AUTHORITY
FOR PRODUC-
TION OF TANGIBLE THINGS.— 
‘‘(1) Notwithstanding any other provi-
sion 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 ap-
prove 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 
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made to employ the authority under 
this subsection; and 
‘‘(D) makes an application in ac-
cordance with this section to a judge 
having jurisdiction under this section 
as soon as practicable, but not later 
than 7 days after the Attorney Gen-
eral requires the emergency produc-
tion of tangible things under this sub-
section. 
‘‘(2) If the Attorney General author-
izes the emergency production of tan-
gible things under paragraph (1), the At-
torney 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 produc-
tion shall terminate when the informa-
tion sought is obtained, when the appli-
cation for the order is denied, or after 
the expiration of 7 days from the time the 
Attorney General begins requiring the 
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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 termi-
nated and no order is issued approving 
the production, no information obtained 
or evidence derived from such produc-
tion shall be received in evidence or oth-
erwise 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 informa-
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tion indicates a threat of death or serious 
bodily harm to any person. 
‘‘(6) The Attorney General shall assess 
compliance with the requirements of 
paragraph (5).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
501(d) (50 U.S.C. 1861(d)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding sub-
paragraph (A), by striking ‘‘pursuant 
to an order’’ and inserting ‘‘pursuant 
to an order issued or an emergency 
production required’’; 
(B) in subparagraph (A), by strik-
ing ‘‘such order’’ and inserting ‘‘such 
order or such emergency production’’; 
and 
(C) in subparagraph (B), by strik-
ing ‘‘the order’’ and inserting ‘‘the 
order or the emergency production’’; 
and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by strik-
ing ‘‘an order’’ and inserting ‘‘an 
order or emergency production’’; and 
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(B) in subparagraph (B), by strik-
ing ‘‘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 in-
serting before subparagraph (B), as redesig-
nated by such section 101(a) of this Act, the 
following new subparagraph: 
‘‘(A) a specific selection term to be 
used as the basis for the production 
of the tangible things sought;’’. 
(b) ORDER.—Section 501(c) (50 U.S.C. 
1861(c)) is amended— 
(1) in paragraph (2)(A), by striking 
the semicolon and inserting ‘‘, including 
each specific selection term to be used as 
the basis for the production;’’; and 
(2) by adding at the end the following 
new paragraph: 
‘‘(3) No order issued under this subsection 
may authorize the collection of tangible 
things without the use of a specific selection 
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term that meets the requirements of sub-
section (b)(2).’’. 
SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCE-
DURES FOR THE PRODUCTION OF TANGIBLE 
THINGS. 
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 mini-
mization procedures submitted in accordance 
with subsection (b)(2)(D) meet the definition 
of minimization procedures under subsection 
(g)’’. 
SEC. 105. LIABILITY PROTECTION. 
Section 501(e) (50 U.S.C. 1861(e)) is amend-
ed to read as follows: 
‘‘(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 privi-
lege in any other proceeding or context.’’. 
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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 sub-
section: 
‘‘(j) 
COMPENSATION.—The 
Government 
shall compensate, at the prevailing rate, a 
person for producing tangible things or pro-
viding information, facilities, or assistance in 
accordance with an order issued or an emer-
gency production required under this sec-
tion.’’. 
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 sub-
section: 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) CALL
DETAIL
RECORD
DEFINED.— 
The term ‘call detail record’— 
‘‘(A) means session identifying in-
formation (including originating or 
terminating telephone number, Inter-
national Mobile Subscriber Identity 
number, or International Mobile Sta-
tion Equipment Identity number), a 
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telephone calling card number, or the 
time or duration of a call; and 
‘‘(B) does not include— 
‘‘(i) the contents of any com-
munication (as defined in section 
2510(8) of title 18, United States 
Code); 
‘‘(ii) the name, address, or fi-
nancial information of a sub-
scriber or customer; or 
‘‘(iii) cell site location infor-
mation. 
‘‘(2) SPECIFIC
SELECTION
TERM.—The 
term ‘specific selection term’ means a 
term used to uniquely describe a person, 
entity, or account.’’. 
SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 
RECORDS ORDERS. 
Section 106A of the USA PATRIOT Im-
provement and Reauthorization Act of 2005 
(Public Law 109–177; 120 Stat. 200) is amend-
ed— 
(1) in subsection (b)— 
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(A) in paragraph (1), by inserting 
‘‘and calendar years 2012 through 
2014’’ after ‘‘2006’’; 
(B) by striking paragraphs (2) and 
(3); 
(C) by redesignating paragraphs 
(4) and (5) as paragraphs (2) and (3), 
respectively; and 
(D) in paragraph (3) (as so redes-
ignated)— 
(i) by striking subparagraph 
(C) and inserting the following 
new subparagraph: 
‘‘(C) with respect to calendar 
years 2012 through 2014, an examina-
tion of the minimization procedures 
used in relation to orders under sec-
tion 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 
1861) and whether the minimization 
procedures adequately protect the 
constitutional rights of United States 
persons;’’; and 
(ii) in subparagraph (D), by 
striking ‘‘(as such term is defined 
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in section 3(4) of the National Se-
curity Act of 1947 (50 U.S.C. 
401a(4)))’’; 
(2) in subsection (c), by adding at the 
end the following new paragraph: 
‘‘(3) CALENDAR
YEARS 2012 THROUGH 
2014.—Not later than December 31, 2015, 
the Inspector General of the Department 
of Justice shall submit to the Committee 
on the Judiciary and the Select Com-
mittee on Intelligence of the Senate and 
the Committee on the Judiciary and the 
Permanent Select Committee on Intel-
ligence of the House of Representatives a 
report containing the results of the audit 
conducted under subsection (a) for cal-
endar years 2012 through 2014.’’; 
(3) by redesignating subsections (d) 
and (e) as subsections (e) and (f), respec-
tively; 
(4) by inserting after subsection (c) 
the following new subsection: 
‘‘(d) INTELLIGENCE ASSESSMENT.— 
‘‘(1) IN GENERAL.—For the period be-
ginning on January 1, 2012, and ending 
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on December 31, 2014, the Inspector Gen-
eral of the Intelligence Community shall 
assess— 
‘‘(A) the importance of the infor-
mation acquired under title V of the 
Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1861 et seq.) to the 
activities of the intelligence commu-
nity; 
‘‘(B) the manner in which that in-
formation was collected, retained, 
analyzed, and disseminated by the in-
telligence 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 intel-
ligence 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)). 
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‘‘(2) SUBMISSION
DATE
FOR
ASSESS-
MENT.—Not later than December 31, 2015, 
the Inspector General of the Intelligence 
Community shall submit to the Com-
mittee on the Judiciary and the Select 
Committee on Intelligence of the Senate 
and the Committee on the Judiciary and 
the Permanent Select Committee on In-
telligence of the House of Representa-
tives a report containing the results of 
the assessment for calendar years 2012 
through 2014.’’; 
(5) in subsection (e), as redesignated 
by paragraph (3)— 
(A) in paragraph (1)— 
(i) by striking ‘‘a report under 
subsection (c)(1) or (c)(2)’’ and in-
serting ‘‘any report under sub-
section (c) or (d)’’; and 
(ii) 
by 
striking 
‘‘Inspector 
General of the Department of Jus-
tice’’ 
and 
inserting 
‘‘Inspector 
General of the Department of Jus-
tice, the Inspector General of the 
Intelligence Community, and any 
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Inspector General of an element 
of 
the 
intelligence 
community 
that prepares a report to assist 
the Inspector General of the De-
partment of Justice or the Inspec-
tor General of the Intelligence 
Community in complying with the 
requirements of this section’’; and 
(B) in paragraph (2), by striking 
‘‘the reports submitted under sub-
sections (c)(1) and (c)(2)’’ and insert-
ing ‘‘any report submitted under sub-
section (c) or (d)’’; 
(6) in subsection (f), as redesignated 
by paragraph (3)— 
(A) by striking ‘‘The reports sub-
mitted under subsections (c)(1) and 
(c)(2)’’ and inserting ‘‘Each report 
submitted under subsection (c)’’; and 
(B) by striking ‘‘subsection (d)(2)’’ 
and inserting ‘‘subsection (e)(2)’’; and 
(7) by adding at the end the following 
new subsection: 
‘‘(g) DEFINITIONS.—In this section: 
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‘‘(1) 
INTELLIGENCE
COMMUNITY.—The 
term ‘intelligence community’ has the 
meaning given that term in section 3 of 
the National Security Act of 1947 (50 
U.S.C. 3003). 
‘‘(2) UNITED STATES PERSON.—The term 
‘United States person’ has the meaning 
given that term in section 101 of the For-
eign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801).’’. 
SEC. 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. 
TITLE II—FISA PEN REGISTER 
AND TRAP AND TRACE DE-
VICE REFORM 
SEC. 201. PROHIBITION ON BULK COLLECTION. 
(a) PROHIBITION.—Section 402(c) (50 U.S.C. 
1842(c)) is amended— 
(1) in paragraph (1), by striking ‘‘; 
and’’ and inserting a semicolon; 
(2) in paragraph (2), by striking the 
period and inserting a semicolon; and 
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(3) by adding at the end the following 
new paragraph: 
‘‘(3) a specific selection term to be 
used as the basis for selecting the tele-
phone 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) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(4) The term ‘specific selection term’ 
has the meaning given the term in sec-
tion 501.’’. 
SEC. 202. MINIMIZATION PROCEDURES. 
(a) DEFINITION.—Section 401 (50 U.S.C. 
1841), as amended by section 201 of this Act, 
is further amended by adding at the end the 
following new paragraph: 
‘‘(5) The term ‘minimization proce-
dures’ means— 
‘‘(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 
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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 in-
formation; 
‘‘(B) procedures that require that 
nonpublicly 
available 
information, 
which is not foreign intelligence in-
formation, 
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 in-
telligence information or assess its 
importance; and 
‘‘(C) 
notwithstanding 
subpara-
graphs (A) and (B), procedures that 
allow for the retention and dissemi-
nation of information that is evidence 
of a crime which has been, is being, 
or is about to be committed and that 
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is to be retained or disseminated for 
law enforcement purposes.’’. 
(b) APPLICATION.—Section 402(c) (50 U.S.C. 
1842(c)), as amended by section 201 of this 
Act, is further amended by adding at the end 
the following new paragraph: 
‘‘(4) a statement of proposed mini-
mization procedures.’’. 
(c) ORDER.—Section 402(d) (50 U.S.C. 
1842(d)) is amended— 
(1) in paragraph (1), by inserting ‘‘and 
that the proposed minimization proce-
dures meet the definition of minimization 
procedures under this title’’ before the 
period at the end; and 
(2) in paragraph (2)(B)— 
(A) in clause (ii)(II), by striking ‘‘; 
and’’ and inserting a semicolon; and 
(B) by adding at the end the fol-
lowing new clause: 
‘‘(iv) the minimization procedures 
be followed; and’’. 
(d) COMPLIANCE ASSESSMENT.—Section 402 
(50 U.S.C. 1842) is amended by adding at the 
end the following new subsection: 
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‘‘(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 ap-
proved under an order or an extension under 
this section, the judge may assess compliance 
with the minimization procedures by review-
ing the circumstances under which informa-
tion concerning United States persons was re-
tained or disseminated.’’. 
TITLE III—FISA ACQUISITIONS 
TARGETING 
PERSONS 
OUT-
SIDE THE UNITED STATES RE-
FORMS 
SEC. 301. PROHIBITION ON REVERSE TARGETING. 
Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is 
amended by striking ‘‘the purpose’’ and in-
serting ‘‘a purpose’’. 
SEC. 302. MINIMIZATION PROCEDURES. 
Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is 
amended— 
(1) by striking ‘‘that meet’’ and insert-
ing the following: ‘‘that— 
‘‘(A) meet’’; 
(2) in subparagraph (A) (as des-
ignated by paragraph (1) of this section), 
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by striking the period and inserting ‘‘; 
and’’; and 
(3) by adding at the end the following 
new subparagraph: 
‘‘(B) consistent with such defini-
tion, minimize the acquisition, and 
prohibit the retention and dissemina-
tion, of any communication as to 
which the sender and all intended re-
cipients are determined to be located 
in the United States and prohibit the 
use of any discrete, non-target com-
munication 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.’’. 
SEC. 303. LIMITS ON USE OF UNLAWFULLY OBTAINED IN-
FORMATION. 
Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is 
amended by adding at the end the following 
new subparagraph: 
‘‘(D) LIMITATION ON USE OF INFOR-
MATION.— 
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‘‘(i) IN
GENERAL.—Except as 
provided in clause (ii), no infor-
mation obtained or evidence de-
rived from an acquisition pursu-
ant to a certification or targeting 
or minimization procedures sub-
ject to an order under subpara-
graph (B) concerning any United 
States person shall be received in 
evidence or otherwise disclosed 
in any trial, hearing, or other pro-
ceeding in or before any court, 
grand jury, department, office, 
agency, regulatory body, legisla-
tive 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 subse-
quently be used or disclosed in 
any other manner by Federal offi-
cers or employees without the 
consent of the United States per-
son, except with the approval of 
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the Attorney General if the infor-
mation indicates a threat of death 
or serious bodily harm to any per-
son. 
‘‘(ii) EXCEPTION.—If the Gov-
ernment corrects any deficiency 
identified by the order of the 
Court under subparagraph (B), 
the Court may permit the use or 
disclosure 
of 
information 
ac-
quired before the date of the cor-
rection under such minimization 
procedures as the Court shall es-
tablish 
for 
purposes 
of 
this 
clause.’’. 
TITLE 
IV—FOREIGN 
INTEL-
LIGENCE 
SURVEILLANCE 
COURT REFORMS 
SEC. 401. APPOINTMENT OF AMICUS CURIAE. 
Section 103 (50 U.S.C. 1803) is amended by 
adding at the end the following new sub-
section: 
‘‘(i) AMICUS CURIAE.— 
‘‘(1) AUTHORIZATION.—A court estab-
lished under subsection (a) or (b), con-
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sistent with the requirement of sub-
section (c) and any other statutory re-
quirement that the court act expedi-
tiously or within a stated time— 
‘‘(A) shall appoint an individual to 
serve as amicus curiae to assist such 
court in the consideration of any ap-
plication 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 appoint-
ment is not appropriate; and 
‘‘(B) may appoint an individual to 
serve as amicus curiae in any other 
instance as such court deems appro-
priate. 
‘‘(2) 
DESIGNATION.—The 
presiding 
judges of the courts established under 
subsections (a) and (b) shall jointly des-
ignate not less than 5 individuals to be el-
igible to serve as amicus curiae. Such in-
dividuals shall be persons who possess 
expertise in privacy and civil liberties, 
intelligence 
collection, 
telecommuni-
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cations, or any other area of law that 
may lend legal or technical expertise to 
the courts and who have been deter-
mined by appropriate executive branch 
officials to be eligible for access to classi-
fied information. 
‘‘(3) DUTIES.—An individual appointed 
to serve as amicus curiae under para-
graph (1) shall carry out the duties as-
signed by the appointing court. Such 
court may authorize the individual ap-
pointed to serve as amicus curiae to re-
view any application, certification, peti-
tion, 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 At-
torney General of each exercise of the au-
thority 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-reim-
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bursable basis) the assistance of the exec-
utive branch in the implementation of 
this subsection. 
‘‘(6) ADMINISTRATION.—A court estab-
lished 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 sub-
section.’’. 
SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND 
OPINIONS. 
(a) DECLASSIFICATION.—Title VI (50 U.S.C. 
1871 et seq.) is amended— 
(1) in the heading, by striking ‘‘RE-
PORTING REQUIREMENT’’ and inserting 
‘‘OVERSIGHT’’; and 
(2) by adding at the end the following 
new section: 
‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 
ORDERS, AND OPINIONS. 
‘‘(a) DECLASSIFICATION REQUIRED.—Subject 
to subsection (b), the Attorney General shall 
conduct a declassification review of each de-
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cision, order, or opinion issued by the Foreign 
Intelligence Surveillance Court or the For-
eign Intelligence Surveillance Court of Re-
view (as defined in section 601(e)) that in-
cludes a significant construction or interpre-
tation of any provision of this Act and, con-
sistent with that review, make publicly avail-
able to the greatest extent practicable each 
such decision, order, or opinion. 
‘‘(b) REDACTED FORM.—The Attorney Gen-
eral may satisfy the requirement under sub-
section (a) to make a decision, order, or opin-
ion described in such subsection publicly 
available to the greatest extent practicable by 
making such decision, order, or opinion pub-
licly available in redacted form. 
‘‘(c) NATIONAL SECURITY WAIVER.—The At-
torney General may waive the requirement to 
declassify and make publicly available a par-
ticular decision, order, or opinion under sub-
section (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 
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properly classified intelligence sources or 
methods; and 
‘‘(2) makes publicly available an un-
classified summary of such decision, 
order, or opinion.’’. 
(b) TABLE OF CONTENTS AMENDMENTS.—The 
table of contents in the first section is amend-
ed— 
(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 relat-
ing to section 601 the following new item: 
‘‘Sec. 602. Declassification of significant decisions, orders, and 
opinions.’’. 
TITLE V—NATIONAL SECURITY 
LETTER REFORM 
SEC. 501. PROHIBITION ON BULK COLLECTION. 
(a) COUNTERINTELLIGENCE ACCESS TO TELE-
PHONE TOLL
AND TRANSACTIONAL RECORDS.— 
Section 2709(b) of title 18, United States Code, 
is amended in the matter preceding para-
graph (1) by striking ‘‘may’’ and inserting 
‘‘may, using a specific selection term as the 
basis for a request’’. 
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(b) ACCESS TO FINANCIAL RECORDS FOR CER-
TAIN
INTELLIGENCE
AND
PROTECTIVE
PUR-
POSES.—Section 1114(a)(2) of the Right to Fi-
nancial Privacy Act of 1978 (12 U.S.C. 
3414(a)(2)) is amended by striking the period 
and inserting ‘‘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 CON-
SUMER
RECORDS
FOR
COUNTERINTELLIGENCE 
PURPOSES.—Section 626(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681u(a)) is amended 
by striking ‘‘that information,’’ and inserting 
‘‘that information that includes a specific se-
lection term to be used as the basis for the 
production of that information,’’. 
(d) DISCLOSURES TO GOVERNMENTAL AGEN-
CIES
FOR
COUNTERTERRORISM
PURPOSES
OF 
CONSUMER
REPORTS.—Section 627(a) of the 
Fair Credit Reporting Act (15 U.S.C. 1681v(a)) 
is amended by striking ‘‘analysis.’’ and insert-
ing ‘‘analysis and a specific selection term to 
be used as the basis for the production of such 
information.’’. 
(e) DEFINITIONS.— 
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(1) COUNTERINTELLIGENCE
ACCESS
TO 
TELEPHONE
TOLL
AND
TRANSACTIONAL 
RECORDS.—Section 2709 of title 18, United 
States Code, is amended by adding at the 
end the following new subsection: 
‘‘(g) SPECIFIC SELECTION TERM DEFINED.— 
In this section, the term ‘specific selection 
term’ has the meaning given the term in sec-
tion 501 of the Foreign Intelligence Surveil-
lance Act of 1978 (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) is amended by adding at the end 
the following new subsection: 
‘‘(e) In this section, the term ‘specific se-
lection term’ has the meaning given the term 
in section 501 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1861).’’. 
(3) DISCLOSURES
TO
FBI
OF
CERTAIN 
CONSUMER
RECORDS
FOR
COUNTERINTEL-
LIGENCE
PURPOSES.—Section 626 of the 
Fair Credit Reporting Act (15 U.S.C. 
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1681u) is amended by adding at the end 
the following new subsection: 
‘‘(n) SPECIFIC SELECTION TERM DEFINED.— 
In this section, the term ‘specific selection 
term’ has the meaning given the term in sec-
tion 501 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861).’’. 
(4) DISCLOSURES
TO
GOVERNMENTAL 
AGENCIES
FOR
COUNTERTERRORISM
PUR-
POSES OF CONSUMER REPORTS.—Section 627 
of the Fair Credit Reporting Act (15 
U.S.C. 1681v) is amended by adding at the 
end the following new subsection: 
‘‘(g) SPECIFIC SELECTION TERM DEFINED.— 
In this section, the term ‘specific selection 
term’ has the meaning given the term in sec-
tion 501 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861).’’. 
TITLE VI—FISA TRANSPARENCY 
AND 
REPORTING 
REQUIRE-
MENTS 
SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING 
PRODUCTION OF BUSINESS RECORDS. 
Section 502(b) (50 U.S.C. 1862(b)) is 
amended— 
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(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 pro-
duction 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 pro-
duction of call detail records; 
‘‘(4) the total number of such orders 
either granted, modified, or denied;’’. 
SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO 
CONGRESS. 
(a) BUSINESS RECORDS PRODUCTIONS.—Sec-
tion 502(b) (50 U.S.C. 1862(b)), as amended by 
section 601 of this Act, is further amended— 
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(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 con-
ducted by the Federal Government of the 
production of tangible things under sec-
tion 501;’’. 
(b) FISA AUTHORITIES
IN GENERAL.—Sec-
tion 601(a) (50 U.S.C. 1871(a)) is amended— 
(1) in paragraph (4), by striking ‘‘; 
and’’ and inserting a semicolon; 
(2) in paragraph (5), by striking the 
period and inserting ‘‘; and’’; and 
(3) by adding at the end the following 
new paragraph: 
‘‘(6) any compliance reviews con-
ducted 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.’’. 
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SEC. 603. ANNUAL REPORT BY THE DIRECTOR OF THE AD-
MINISTRATIVE 
OFFICE 
OF 
THE 
UNITED 
STATES COURTS ON ORDERS ENTERED. 
(a) IN GENERAL.—Title VI (50 U.S.C. 1871 et 
seq.), as amended by section 402 of this Act, 
is further amended by adding at the end the 
following new section: 
‘‘SEC. 603. ANNUAL 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 Judici-
ary 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 
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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.’’. 
SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 
FISA ORDERS. 
(a) IN GENERAL.—Title VI (50 U.S.C. 1871 et 
seq.), as amended by section 603 of this Act, 
is further amended by adding at the end the 
following new section: 
‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 
ORDERS. 
‘‘(a) REPORTING.—A person may semiannu-
ally 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 fol-
lowing separate categories: 
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‘‘(A) Criminal process, subject to 
no restrictions. 
‘‘(B) The number of national secu-
rity 
letters 
received, 
reported 
in 
bands of 1000 starting with 0-999. 
‘‘(C) The number of customer ac-
counts 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 or-
ders 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. 
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‘‘(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 fol-
lowing separate categories: 
‘‘(A) Criminal process, subject to 
no restrictions. 
‘‘(B) The total number of all na-
tional security process received, in-
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cluding 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 or-
ders under this Act, reported as a sin-
gle 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 fol-
lowing separate categories: 
‘‘(A) Criminal process, subject to 
no restrictions. 
‘‘(B) The number of national secu-
rity 
letters 
received, 
reported 
in 
bands of 500 starting with 0-499. 
‘‘(C) The number of customer ac-
counts affected by national security 
letters, reported in bands of 500 start-
ing with 0-499. 
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‘‘(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.’’. 
SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS OF 
THE 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE COURT. 
Section 601(c)(1) (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 Intel-
ligence Surveillance Court of Review 
issues a decision, order, or opinion that 
includes a significant construction or in-
terpretation 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— 
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‘‘(A) a copy of such decision, 
order, or opinion and any pleadings, 
applications, or memoranda of law as-
sociated with such decision, order, or 
opinion; and 
‘‘(B) with respect to such decision, 
order, or opinion, a brief statement of 
the relevant background factual in-
formation, questions of law, legal 
analysis, and decision rendered; and’’. 
SEC. 606. SUBMISSION OF REPORTS UNDER FISA. 
(a) ELECTRONIC
SURVEILLANCE.—Section 
108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by 
striking ‘‘the House Permanent Select Com-
mittee on Intelligence and the Senate Select 
Committee on Intelligence, and the Com-
mittee on the Judiciary of the Senate,’’ and in-
serting ‘‘the Permanent Select Committee on 
Intelligence and the Committee on the Judici-
ary 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) is amended— 
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(1) in the first sentence, by striking 
‘‘Permanent Select Committee on Intel-
ligence of the House of Representatives 
and the Select Committee on Intelligence 
of the Senate, and the Committee on the 
Judiciary of the Senate,’’ and inserting 
‘‘Permanent Select Committee on Intel-
ligence and the Committee on the Judici-
ary of the House of Representatives and 
the Select Committee on Intelligence and 
the Committee on the Judiciary of the 
Senate’’; and 
(2) in the second sentence, by striking 
‘‘and the Committee on the Judiciary of 
the House of Representatives’’. 
(c) PEN REGISTER AND TRAP AND TRACE DE-
VICES.—Section 406(b) (50 U.S.C. 1846(b)) is 
amended— 
(1) in paragraph (2), by striking ‘‘; 
and’’ and inserting a semicolon; 
(2) in paragraph (3), by striking the 
period and inserting a semicolon; and 
(3) by adding at the end the following 
new paragraphs: 
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‘‘(4) each department or agency on be-
half 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)) is amended by striking 
‘‘Permanent Select Committee on Intelligence 
of the House of Representatives and the Se-
lect Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate’’ and in-
serting ‘‘Permanent Select Committee on In-
telligence 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 Sen-
ate’’. 
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TITLE VII—SUNSETS 
SEC. 701. SUNSETS. 
(a) USA PATRIOT IMPROVEMENT AND RE-
AUTHORIZATION ACT OF 2005.—Section 102(b)(1) 
of the USA PATRIOT Improvement and Reau-
thorization Act of 2005 (50 U.S.C. 1805 note) is 
amended by striking ‘‘June 1, 2015’’ and in-
serting ‘‘December 31, 2017’’. 
(b) INTELLIGENCE REFORM AND TERRORISM 
PREVENTION ACT OF 2004.—Section 6001(b)(1) 
of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (50 U.S.C. 1801 note) is 
amended by striking ‘‘June 1, 2015’’ and in-
serting ‘‘December 31, 2017’’. 
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Union Calendar No. 334 
113TH CONGRESS 
2D SESSION 
H. R. 3361 
[Report No. 113–452, Parts I and II] 
A BILL 
To reform the authorities of the Federal Govern-
ment to require the production of certain busi-
ness 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 pur-
poses, and for other purposes. 
MAY 15, 2014 
Reported from the Committee on the Judiciary with an 
amendment 
MAY 15, 2014 
Reported from the Select Committee on Intelligence 
(Permanent Select) with an amendment 
MAY 15, 2014 
The Committee on Financial Services discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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