113TH CONGRESS 
2D SESSION 
H. R. 3361 
AN ACT 
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.
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. 
Sec. 110. Rule of construction. 
TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE 
REFORM 
Sec. 201. Prohibition on bulk collection. 
Sec. 202. Privacy procedures. 
TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE 
THE UNITED STATES REFORMS 
Sec. 301. Minimization procedures. 
Sec. 302. 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 reports by the Government on orders entered. 
Sec. 604. Public reporting by persons subject to FISA orders. 
Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Sur-
veillance 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 Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 
TITLE I—FISA BUSINESS 
RECORDS REFORMS 
SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 
RECORDS. 
(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 
1861(b)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘a statement’’ and inserting ‘‘in the 
case of an application other than an application 
described in subparagraph (C) (including an ap-
plication for the production of call detail
records other than in the manner described in 
subparagraph (C)), a statement’’; and 
(B) in clause (iii), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) by redesignating subparagraphs (A) and 
(B) as subparagraphs (B) and (D), respectively; and 
(3) by inserting after subparagraph (B) (as so 
redesignated) the following new subparagraph: 
‘‘(C) in the case of an application for the 
production on a daily basis of call detail records 
created before, on, or after the date of the ap-
plication relating to an authorized investigation 
(other than a threat assessment) conducted in 
accordance with subsection (a)(2) to protect 
against international terrorism, a statement of 
facts showing that— 
‘‘(i) there are reasonable grounds to 
believe that the call detail records sought 
to be produced based on the specific selec-
tion term required under subparagraph (A) 
are relevant to such investigation; 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; 
(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 de-
scribed in subsection (b)(2)(C), shall— 
‘‘(i) authorize the production on a 
daily basis of call detail records for a pe-
riod not to exceed 180 days; 
‘‘(ii) provide that an order for such 
production may be extended upon applica-
tion under subsection (b) and the judicial 
finding under paragraph (1); 
‘‘(iii) provide that the Government 
may require the prompt 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 call detail records 
with a direct connection to such spe-
cific selection term as the basis for 
production of a second set of call de-
tail records; 
‘‘(iv) provide that, when produced, 
such records be in a form that will be use-
ful to the Government; 
‘‘(v) direct each person the Govern-
ment directs to produce call detail records 
under the order to furnish the Government 
forthwith all information, facilities, or 
technical assistance necessary to accom-
plish the production in such a manner as 
will protect the secrecy of the production 
and produce a minimum of interference 
with the services that such person is pro-
viding to each subject of the production; 
and 
‘‘(vi) direct the Government to— 
‘‘(I) adopt minimization proce-
dures that require the prompt de-
struction of all call detail records pro-
duced under the order that the Gov-
ernment determines are not foreign 
intelligence information; and 
‘‘(II) 
destroy 
all 
call 
detail 
records produced under the order as 
prescribed by such procedures.’’. 
SEC. 102. EMERGENCY AUTHORITY. 
(a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is 
amended by adding at the end the following new sub-
section: 
‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF 
TANGIBLE THINGS.— 
‘‘(1) Notwithstanding any other provision of 
this section, the Attorney General may require the 
emergency production of tangible things if the Attor-
ney General— 
‘‘(A) reasonably determines that an emer-
gency situation requires the production of tan-
gible things before an order authorizing such 
production can with due diligence be obtained; 
‘‘(B) reasonably determines that the fac-
tual basis for the issuance of an order under 
this section to approve such production of tan-
gible things exists;
‘‘(C) informs, either personally or through 
a designee, a judge having jurisdiction under 
this section at the time the Attorney General 
requires the emergency production of tangible 
things that the decision has been made to em-
ploy the authority under this subsection; and 
‘‘(D) makes an application in accordance 
with this section to a judge having jurisdiction 
under this section as soon as practicable, but 
not later than 7 days after the Attorney Gen-
eral requires the emergency production of tan-
gible things under this subsection. 
‘‘(2) If the Attorney General authorizes the 
emergency production of tangible things under para-
graph (1), the Attorney General shall require that 
the minimization procedures required by this section 
for the issuance of a judicial order be followed. 
‘‘(3) In the absence of a judicial order approv-
ing the production of tangible things under this sub-
section, the production shall terminate when the in-
formation sought is obtained, when the application 
for the order is denied, or after the expiration of 7 
days from the time the Attorney General begins re-
quiring the emergency production of such tangible 
things, whichever is earliest.
‘‘(4) A denial of the application made under 
this subsection may be reviewed as provided in sec-
tion 103. 
‘‘(5) If such application for approval is denied, 
or in any other case where the production of tangible 
things is terminated and no order is issued approv-
ing the production, no information obtained or evi-
dence derived from such production shall be received 
in evidence or otherwise disclosed in any trial, hear-
ing, or other proceeding in or before any court, 
grand jury, department, office, agency, regulatory 
body, legislative committee, or other authority of the 
United States, a State, or political subdivision there-
of, and no information concerning any United States 
person acquired from such production shall subse-
quently 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 Attor-
ney General if the information 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 
emergency 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 emer-
gency production’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘an 
order’’ and inserting ‘‘an order or emergency 
production’’; and 
(B) in subparagraph (B), by striking ‘‘an 
order’’ and inserting ‘‘an order or emergency 
production’’. 
SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN-
GIBLE THINGS. 
(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 
1861(b)(2)), as amended by section 101(a) of this Act, 
is further amended by inserting before subparagraph (B), 
as redesignated by such section 101(a) of this Act, the 
following new subparagraph:
‘‘(A) a specific selection term to be used as 
the basis for the production of the tangible 
things sought;’’. 
(b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is 
amended— 
(1) in paragraph (2)(A), by striking the semi-
colon and inserting ‘‘, including each specific selec-
tion term to be used as the basis for the produc-
tion;’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) No order issued under this subsection may au-
thorize the collection of tangible things without the use 
of a specific selection term that meets the requirements 
of subsection (b)(2).’’. 
SEC. 104. JUDICIAL REVIEW 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)(1) No cause of action shall lie in any court 
against a person who— 
‘‘(A) produces tangible things or provides infor-
mation, facilities, or technical assistance pursuant to 
an order issued or an emergency production required 
under this section; or 
‘‘(B) otherwise provides technical assistance to 
the Government under this section or to implement 
the amendments made to this section by the USA 
FREEDOM Act. 
‘‘(2) A production or provision of information, facili-
ties, or technical assistance described in paragraph (1) 
shall not be deemed to constitute a waiver of any privilege 
in any other proceeding or context.’’. 
SEC. 106. COMPENSATION FOR ASSISTANCE. 
Section 501 (50 U.S.C. 1861), as amended by section 
102 of this Act, is further amended by adding at the end 
the following new subsection: 
‘‘(j) COMPENSATION.—The Government shall com-
pensate a person for reasonable expenses incurred for— 
‘‘(1) producing tangible things or providing in-
formation, facilities, or assistance in accordance with 
an order issued with respect to an application de-
scribed in subsection (b)(2)(C) or an emergency pro-
duction under subsection (i) that, to comply with 
subsection (i)(1)(D), requires an application de-
scribed in subsection (b)(2)(C); or 
‘‘(2) otherwise providing technical assistance to 
the Government under this section or to implement 
the amendments made to this section by the USA 
FREEDOM Act.’’. 
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.—The term ‘call de-
tail 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 call-
ing card number, or the time or duration of a 
call; and 
‘‘(B) does not include—
‘‘(i) the contents of any communica-
tion (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. 
‘‘(2) SPECIFIC
SELECTION
TERM.—The term 
‘specific selection term’ means a discrete term, such 
as a term specifically identifying a person, entity, ac-
count, address, or device, used by the Government to 
limit the scope of the information or tangible things 
sought pursuant to the statute authorizing the provi-
sion of such information or tangible things to the 
Government.’’. 
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 redesig-
nated)— 
(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 wheth-
er the minimization procedures adequately pro-
tect the constitutional rights of United States 
persons;’’; and 
(ii) in subparagraph (D), by striking 
‘‘(as such term is defined in section 3(4) of 
the National Security Act of 1947 (50 
U.S.C. 401a(4)))’’; 
(2) in subsection (c), by adding at the end the 
following new paragraph: 
‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— 
Not later than December 31, 2015, the Inspector 
General of the Department of Justice shall submit 
to the Committee on the Judiciary and the Select 
Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives a report containing the results of the 
audit conducted under subsection (a) for calendar 
years 2012 through 2014.’’; 
(3) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; 
(4) by inserting after subsection (c) the fol-
lowing 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 Com-
munity shall assess— 
‘‘(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 commu-
nity; 
‘‘(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 pro-
posed by an element of the intelligence commu-
nity under such title that were modified or de-
nied by the court established under section 
103(a) of such Act (50 U.S.C. 1803(a)). 
‘‘(2) SUBMISSION
DATE
FOR
ASSESSMENT.— 
Not later than 180 days after the date on which the 
Inspector General of the Department of Justice sub-
mits the report required under subsection (c)(3), the 
Inspector General of the Intelligence Community 
shall submit to the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate 
and the Committee on the Judiciary and the Perma-
nent Select Committee on Intelligence of the House 
of Representatives a report containing the results of 
the assessment for calendar years 2012 through 
2014.’’; 
(5) in subsection (e), as redesignated by 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 
Intelligence 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)— 
(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 
‘intelligence community’ has the meaning given that 
term in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003). 
‘‘(2) UNITED
STATES
PERSON.—The term 
‘United States person’ has the meaning given that 
term in section 101 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1801).’’. 
SEC. 109. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by sec-
tions 101 through 103 shall take effect on the date that 
is 180 days after the date of the enactment of this Act. 
(b) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to alter or eliminate the authority of 
the Government to obtain an order under title V of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861 et seq.) as in effect prior to the effective date de-
scribed in subsection (a) during the period ending on such 
effective date. 
SEC. 110. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to authorize 
the production of the contents (as such term is defined 
in section 2510(8) of title 18, United States Code) of any 
electronic communication from an electronic communica-
tion service provider (as such term is defined in section 
701(b)(4) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881(b)(4)) under title V of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et 
seq.). 
TITLE II—FISA PEN REGISTER 
AND TRAP AND TRACE 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 
paragraph: 
‘‘(3) a specific selection term to be used as the 
basis for selecting the telephone line or other facility 
to which the pen register or trap and trace device 
is to be attached or applied; and’’. 
(b) DEFINITION.—Section 401 (50 U.S.C. 1841) is 
amended by adding at the end the following new para-
graph:
‘‘(4) The term ‘specific selection term’ has the 
meaning given the term in section 501.’’. 
SEC. 202. PRIVACY PROCEDURES. 
(a) IN GENERAL.—Section 402 (50 U.S.C. 1842) is 
amended by adding at the end the following new sub-
section: 
‘‘(h) The Attorney General shall ensure that appro-
priate policies and procedures are in place to safeguard 
nonpublicly available information concerning United 
States persons that is collected through the use of a pen 
register or trap and trace device installed under this sec-
tion. Such policies and procedures shall, to the maximum 
extent practicable and consistent with the need to protect 
national security, include protections for the collection, re-
tention, and use of information concerning United States 
persons.’’. 
(b) EMERGENCY
AUTHORITY.—Section 403 (50 
U.S.C. 1843) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) Information collected through the use of a pen 
register or trap and device installed under this section 
shall be subject to the policies and procedures required 
under section 402(h).’’.
TITLE III—FISA ACQUISITIONS 
TARGETING 
PERSONS 
OUT-
SIDE THE UNITED STATES RE-
FORMS 
SEC. 301. MINIMIZATION PROCEDURES. 
Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amend-
ed— 
(1) by striking ‘‘that meet’’ and inserting the 
following: ‘‘that— 
‘‘(A) meet’’; 
(2) in subparagraph (A) (as designated by 
paragraph (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— 
‘‘(i) minimize the acquisition, and pro-
hibit the retention and dissemination, of 
any communication as to which the sender 
and all intended recipients are determined 
to be located in the United States at the 
time of acquisition, consistent with the 
need of the United States to obtain, 
produce, and disseminate foreign intel-
ligence information; and
‘‘(ii) prohibit the use of any discrete 
communication that is not to, from, or 
about the target of an acquisition and is to 
or from an identifiable United States per-
son or a person reasonably believed to be 
located in the United States, except to pro-
tect against an immediate threat to human 
life.’’. 
SEC. 302. 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 pro-
vided in clause (ii), to the extent the Court 
orders a correction of a deficiency in a cer-
tification or procedures under subpara-
graph (B), no information obtained or evi-
dence derived pursuant to the part of the 
certification or procedures that has been 
identified by the Court as deficient con-
cerning 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, depart-
ment, office, agency, regulatory body, legis-
lative committee, or other authority of the 
United States, a State, or political subdivi-
sion thereof, and no information con-
cerning any United States person acquired 
pursuant to such part of such certification 
shall subsequently be used or disclosed in 
any other manner by Federal officers or 
employees without the consent of the 
United States person, except with the 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 dis-
closure of information obtained before the 
date of the correction under such mini-
mization 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 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 with-
in 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 appointment is not appropriate; and 
‘‘(B) may appoint an individual to serve as 
amicus curiae in any other instance as such 
court deems appropriate. 
‘‘(2) DESIGNATION.—The presiding judges of 
the courts established under subsections (a) and (b) 
shall jointly designate not less than 5 individuals to
be eligible to serve as amicus curiae. Such individ-
uals shall be persons who possess expertise in pri-
vacy and civil liberties, intelligence collection, tele-
communications, or any other area that may lend 
legal or technical expertise to the courts and who 
have been determined by appropriate executive 
branch officials to be eligible for access to classified 
information. 
‘‘(3) DUTIES.—An individual appointed to serve 
as amicus curiae under paragraph (1) shall carry 
out the duties assigned by the appointing court. 
Such court may authorize the individual appointed 
to serve as amicus curiae to review any application, 
certification, petition, motion, or other submission 
that the court determines is relevant to the duties 
assigned by the court. 
‘‘(4) NOTIFICATION.—The presiding judges of 
the courts established under subsections (a) and (b) 
shall notify the Attorney General of each exercise of 
the authority to appoint an individual to serve as 
amicus curiae under paragraph (1). 
‘‘(5) ASSISTANCE.—A court established under 
subsection (a) or (b) may request and receive (in-
cluding on a non-reimbursable basis) the assistance
of the executive branch in the implementation of this 
subsection. 
‘‘(6) ADMINISTRATION.—A court established 
under subsection (a) or (b) may provide for the 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 ‘‘REPORT-
ING REQUIREMENT’’ and inserting ‘‘OVER-
SIGHT’’; and 
(2) by adding at the end the following new sec-
tion: 
‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 
ORDERS, AND OPINIONS. 
‘‘(a) DECLASSIFICATION
REQUIRED.—Subject to 
subsection (b), the Director of National Intelligence, in 
consultation with the Attorney General, shall conduct a 
declassification review of each decision, order, or opinion 
issued by the Foreign Intelligence Surveillance Court or 
the Foreign Intelligence Surveillance Court of Review (as
defined in section 601(e)) that includes a significant con-
struction or interpretation of any provision of this Act, 
including a construction or interpretation of the term ‘spe-
cific selection term’, and, consistent with that review, 
make publicly available to the greatest extent practicable 
each such decision, order, or opinion. 
‘‘(b) REDACTED FORM.—The Director of National 
Intelligence, in consultation with the Attorney General, 
may satisfy the requirement under subsection (a) to make 
a decision, order, or opinion described in such subsection 
publicly available to the greatest extent practicable by 
making such decision, order, or opinion publicly available 
in redacted form. 
‘‘(c) NATIONAL SECURITY WAIVER.—The Director of 
National Intelligence, in consultation with the Attorney 
General, may waive the requirement to declassify and 
make publicly available a particular decision, order, or 
opinion under subsection (a) if— 
‘‘(1) the Director of National Intelligence, in 
consultation with the Attorney General, determines 
that a waiver of such requirement is necessary to 
protect the national security of the United States or 
properly classified intelligence sources or methods; 
and
‘‘(2) the Director of National Intelligence 
makes publicly available an unclassified statement 
prepared by the Attorney General, in consultation 
with the Director of National Intelligence— 
‘‘(A) summarizing the significant construc-
tion or interpretation of a provision under this 
Act; and 
‘‘(B) that specifies that the statement has 
been prepared by the Attorney General and 
constitutes no part of the opinion of the For-
eign Intelligence Surveillance Court or the For-
eign Intelligence Surveillance Court of Re-
view.’’. 
(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 sec-
tion 601 the following new item: 
‘‘Sec. 602. Declassification of significant decisions, orders, and opinions.’’.
TITLE V—NATIONAL SECURITY 
LETTER REFORM 
SEC. 501. PROHIBITION ON BULK COLLECTION. 
(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE 
TOLL AND TRANSACTIONAL RECORDS.—Section 2709(b) 
of title 18, United States Code, is amended in the matter 
preceding paragraph (1) by striking ‘‘may’’ and inserting 
‘‘may, using a specific selection term as the basis for a 
request’’. 
(b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN 
INTELLIGENCE
AND PROTECTIVE PURPOSES.—Section 
1114(a)(2) of the Right to Financial Privacy Act of 1978 
(12 U.S.C. 3414(a)(2)) 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-
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 informa-
tion.’’. 
(e) DEFINITIONS.— 
(1) COUNTERINTELLIGENCE ACCESS TO TELE-
PHONE TOLL AND TRANSACTIONAL RECORDS.—Sec-
tion 2709 of title 18, United States Code, is amend-
ed by adding at the end the following new sub-
section: 
‘‘(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
CON-
SUMER RECORDS FOR COUNTERINTELLIGENCE PUR-
POSES.—Section 626 of the Fair Credit Reporting 
Act (15 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
AGEN-
CIES FOR COUNTERTERRORISM PURPOSES OF CON-
SUMER 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: 
‘‘(1) the total number of applications described 
in section 501(b)(2)(B) made for orders approving 
requests for the production of tangible things; 
‘‘(2) the total number of such orders either 
granted, modified, or denied; 
‘‘(3) the total number of applications described 
in section 501(b)(2)(C) made for orders approving 
requests for the production of call detail records; 
‘‘(4) the total number of such orders either 
granted, modified, or denied;’’. 
SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO 
CONGRESS. 
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) a summary of all compliance reviews con-
ducted by the Federal Government of the production 
of tangible things under section 501;’’.
SEC. 603. ANNUAL REPORTS BY THE GOVERNMENT ON OR-
DERS 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. 
‘‘(a) REPORT BY DIRECTOR OF THE ADMINISTRA-
TIVE OFFICE OF THE UNITED STATES COURTS.—The Di-
rector of the Administrative Office of the United States 
Courts shall annually submit to the Permanent Select 
Committee on Intelligence and the Committee on the Judi-
ciary of the House of Representatives and the Select Com-
mittee on Intelligence and the Committee on the Judiciary 
of the Senate and, subject to a declassification review by 
the Attorney General and Director of National Intel-
ligence, 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 indi-
vidual to serve as amicus curiae under section 103, 
including the name of each individual appointed to 
serve as amicus curiae.
‘‘(b) REPORT BY DIRECTOR OF NATIONAL INTEL-
LIGENCE.—The Director of National Intelligence shall an-
nually make publicly available a report that identifies, for 
the preceding 12-month period— 
‘‘(1) the total number of orders issued pursuant 
titles I and III and sections 703 and 704 and the 
estimated number of targets affected by such orders; 
‘‘(2) the total number of orders issued pursuant 
to section 702 and the estimated number of targets 
affected by such orders; 
‘‘(3) the total number of orders issued pursuant 
to title IV and the estimated number of targets af-
fected by such orders; 
‘‘(4) the total number of orders issued pursuant 
to applications made under section 501(b)(2)(B) and 
the estimated number of targets affected by such or-
ders; 
‘‘(5) the total number of orders issued pursuant 
to applications made under section 501(b)(2)(C) and 
the estimated number of targets affected by such or-
ders; and 
‘‘(6) the total number of national Security let-
ters issued and the number of requests for informa-
tion contained within such national security letters.
‘‘(c) 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 Report-
ing Act (15 U.S.C. 1681v(a)).’’. 
(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 semiannually pub-
licly report the following information with respect to the 
preceding half year using one of the following structures: 
‘‘(1) Subject to subsection (b), a report that ag-
gregates the number of orders or national security 
letters the person was required to comply with in the 
following separate categories: 
‘‘(A) The number of national security let-
ters received, reported in bands of 1000 start-
ing with 0-999. 
‘‘(B) The number of customer accounts af-
fected by national security letters, reported in 
bands of 1000 starting with 0-999. 
‘‘(C) The number of orders under this Act 
for content, reported in bands of 1000 starting 
with 0-999. 
‘‘(D) With respect to content orders under 
this Act, in bands of 1000 starting with 0-999, 
the number of customer accounts affected 
under orders under title I; 
‘‘(E) The number of orders under this Act 
for non-content, reported in bands of 1000 
starting with 0-999.
‘‘(F) With respect to non-content orders 
under this Act, in bands of 1000 starting with 
0-999, the number of customer accounts af-
fected under orders under— 
‘‘(i) title IV; 
‘‘(ii) title V with respect to applica-
tions described in section 501(b)(2)(B); 
and 
‘‘(iii) title V with respect to applica-
tions described in section 501(b)(2)(C). 
‘‘(2) A report that aggregates the number of or-
ders, directives, or national security letters the per-
son was required to comply with in the following 
separate categories: 
‘‘(A) The total number of all national secu-
rity process received, including all national se-
curity letters and orders or directives under this 
Act, reported as a single number in a band of 
0-249 and thereafter in bands of 250. 
‘‘(B) The total number of customer selec-
tors targeted under all national security process 
received, including all national security letters 
and orders or directives under this Act, re-
ported as a single number in a band of 0-249 
and thereafter in bands of 250.
‘‘(3) Subject to subsection (b), a report that ag-
gregates the number of orders or national security 
letters the person was required to comply with in the 
following separate categories: 
‘‘(A) The number of national security let-
ters received, reported in bands of 500 starting 
with 0-499. 
‘‘(B) The number of customer accounts af-
fected by national security letters, reported in 
bands of 500 starting with 0-499. 
‘‘(C) The number of orders under this Act 
for content, reported in bands of 500 starting 
with 0-499. 
‘‘(D) The number of customer selectors 
targeted under such orders, in bands of 500 
starting with 0-499. 
‘‘(E) The number of orders under this Act 
for non-content, reported in bands of 500 start-
ing with 0-499. 
‘‘(F) The number of customer selectors 
targeted under such orders, reported in bands 
of 500 starting with 0-499. 
‘‘(b) PERIOD OF TIME COVERED BY REPORTS.— 
With respect to a report described in paragraph (1) or
(3) of subsection (a), such report shall only include infor-
mation— 
‘‘(1) except as provided in paragraph (2), for 
the period of time ending on the date that is at least 
180 days before the date of the publication of such 
report; and 
‘‘(2) with respect to an order under this Act or 
national security letter received with respect to a 
platform, product, or service for which a person did 
not previously receive such an order or national se-
curity letter (not including an enhancement to or 
iteration of an existing publicly available platform, 
product, or service), for the period of time ending on 
the date that is at least 2 years before the date of 
the publication of such report. 
‘‘(c) OTHER FORMS OF AGREED TO PUBLICATION.— 
Nothing in this section shall be construed to prohibit the 
Government and any person from jointly agreeing to the 
publication of information referred to in this subsection 
in a time, form, or manner other than as described in this 
section. 
‘‘(d) NATIONAL SECURITY LETTER DEFINED.—The 
term ‘national security letter’ has the meaning given the 
term in section 603.’’.
(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 Intelligence Surveillance Court of Re-
view issues a decision, order, or opinion, including 
any denial or modification of an application under 
this Act, that includes a significant construction or 
interpretation of any provision of this Act or results 
in a change of application of any provision of this 
Act or a new application of any provision of this Act, 
a copy of such decision, order, or opinion and any 
pleadings, applications, or memoranda of law associ-
ated with such decision, order, or opinion; 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 Committee on Intelligence and 
the Senate Select Committee on Intelligence, and the 
Committee on the Judiciary of the Senate,’’ and inserting 
‘‘the Permanent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Representa-
tives 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— 
(1) in the first sentence, by striking ‘‘Perma-
nent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on In-
telligence of the Senate, and the Committee on the 
Judiciary of the Senate,’’ and inserting ‘‘Permanent 
Select Committee on Intelligence and the Committee 
on the Judiciary of the House of Representatives 
and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate’’; and 
(2) in the second sentence, by striking ‘‘and the 
Committee on the Judiciary of the House of Rep-
resentatives’’. 
(c) PEN REGISTER
AND TRAP
AND TRACE DE-
VICES.—Section 406(b) (50 U.S.C. 1846(b)) is amend-
ed—
(1) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (3), by striking the period and 
inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(4) each department or agency on behalf of 
which the 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 
Select Committee on Intelligence of the House of Rep-
resentatives, the Select Committee on Intelligence of the 
Senate, and the Committees on the Judiciary of the House 
of Representatives 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 
PATRIOT Improvement and Reauthorization Act of 2005 
(50 U.S.C. 1805 note) is amended by striking ‘‘June 1, 
2015’’ and inserting ‘‘December 31, 2017’’. 
(b) INTELLIGENCE REFORM AND TERRORISM PRE-
VENTION ACT OF 2004.—Section 6001(b)(1) of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (50 
U.S.C. 1801 note) is amended by striking ‘‘June 1, 2015’’ 
and inserting ‘‘December 31, 2017’’. 
Passed the House of Representatives May 22, 2014. 
Attest: 
Clerk.
113TH CONGRESS 
2D SESSION 
H. R. 3361 
AN ACT 
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.