I 
113TH CONGRESS 
1ST SESSION H. R. 3361 
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 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Uniting and Strengthening America by Fulfilling Rights 
and Ending Eavesdropping, Dragnet-collection, and On-
line Monitoring Act’’ or 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. 
TITLE I—FISA BUSINESS RECORDS REFORMS 
Sec. 101. Privacy protections for business records orders. 
Sec. 102. Inspector general reports on business records orders. 
TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE 
REFORMS 
Sec. 201. Privacy protections for pen registers and trap and trace devices. 
Sec. 202. Inspector general reports on pen registers and trap and trace devices. 
TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE 
THE UNITED STATES REFORMS 
Sec. 301. Clarification on prohibition on searching of collections of communica-
tions to conduct warrantless searches for the communications 
of United States persons. 
Sec. 302. Protection against collection of wholly domestic communications. 
Sec. 303. Prohibition on reverse targeting. 
Sec. 304. Limits on use of unlawfully obtained information. 
Sec. 305. Modification of FISA Amendments Act of 2008 sunset. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
Sec. 306. Inspector general reviews of authorities. 
TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT 
REFORMS 
Sec. 401. Office of the Special Advocate. 
Sec. 402. Foreign Intelligence Surveillance Court disclosure of opinions. 
Sec. 403. Preservation of rights. 
TITLE V—NATIONAL SECURITY LETTER REFORMS 
Sec. 501. National security letter authority. 
Sec. 502. Limitations on disclosure of national security letters. 
Sec. 503. Judicial review. 
Sec. 504. Inspector general reports on national security letters. 
Sec. 505. National security letter sunset. 
Sec. 506. Technical and conforming amendments. 
TITLE VI—FISA AND NATIONAL SECURITY LETTER 
TRANSPARENCY REFORMS 
Sec. 601. Third-party reporting on FISA orders and national security letters. 
Sec. 602. Government reporting on FISA orders. 
Sec. 603. Government reporting on national security letters. 
TITLE VII—PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 
SUBPOENA AUTHORITY 
Sec. 701. Privacy and Civil Liberties Oversight Board subpoena authority. 
TITLE I—FISA BUSINESS 
RECORDS REFORMS 
SEC. 101. PRIVACY PROTECTIONS FOR BUSINESS RECORDS 
ORDERS. 
(a) PRIVACY PROTECTIONS.— 
(1) IN GENERAL.—Section 501(b) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861(b)) is amended— 
(A) in paragraph (1)(B), by striking ‘‘and’’ 
after the semicolon; 
(B) in paragraph (2), by striking subpara-
graphs (A) and (B) and inserting the following 
new subparagraphs: 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(A) a statement of facts showing that 
there are reasonable grounds to believe that the 
tangible things sought— 
‘‘(i) are relevant and material to an 
authorized investigation (other than a 
threat assessment) conducted in accord-
ance with subsection (a)(2) to— 
‘‘(I) obtain foreign intelligence 
information not concerning a United 
States person; or 
‘‘(II) 
protect 
against 
inter-
national terrorism or clandestine intel-
ligence activities; and 
‘‘(ii) pertain to— 
‘‘(I) a foreign power or an agent 
of a foreign power; 
‘‘(II) the activities of a suspected 
agent of a foreign power who is the 
subject of such authorized investiga-
tion; or 
‘‘(III) an individual in contact 
with, or known to, a suspected agent 
of a foreign power; and 
‘‘(B) a statement of proposed minimization 
procedures; and’’; and 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
(C) by adding at the end the following 
paragraph: 
‘‘(3) if the applicant is seeking a nondisclosure 
requirement described in subsection (d), shall in-
clude— 
‘‘(A) the time period during which the 
Government believes the nondisclosure require-
ment should apply; 
‘‘(B) a statement of facts showing that 
there are reasonable grounds to believe that dis-
closure of particular information about the ex-
istence or contents of the order requiring the 
production of tangible things under this section 
during such time period will result in— 
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from investigation or pros-
ecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; 
‘‘(v) interference with diplomatic rela-
tions; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(vi) alerting a target, an associate of 
a target, or the foreign power of which the 
target is an agent, of the interest of the 
Government in the target; or 
‘‘(vii) otherwise seriously endangering 
the national security of the United States; 
and 
‘‘(C) an explanation of how the nondisclo-
sure requirement is narrowly tailored to address 
the specific harm identified under subparagraph 
(B).’’. 
(2) ORDER.—Section 501(c) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1861(c)) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘subsections (a) and 
(b)’’ and inserting ‘‘subsection (a) and 
paragraphs (1) and (2) of subsection (b) 
and that the proposed minimization proce-
dures meet the definition of minimization 
procedures under subsection (g)’’; and 
(ii) by striking the last sentence and 
inserting the following: ‘‘If the judge finds 
that the requirements of subsection (b)(3) 
have been met, such order shall include a 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
nondisclosure 
requirement, 
which 
may 
apply for not longer than 1 year, unless 
the facts justify a longer period of non-
disclosure, subject to the principles and 
procedures described in subsection (d).’’; 
and 
(B) in paragraph (2)— 
(i) in subparagraph (C), by inserting 
before the semicolon ‘‘, if applicable’’; 
(ii) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(iii) in subparagraph (E), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iv) by adding at the end the following 
new subparagraph: 
‘‘(F) shall direct that the minimization 
procedures be followed.’’. 
(3) NONDISCLOSURE.—Section 501(d) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861(d)) is amended to read as follows: 
‘‘(d) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.—No person who receives an 
order entered under subsection (c) that contains a 
nondisclosure requirement shall disclose to any per-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
requirement shall notify the person of the appli-
cable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—At the request of the Director of 
the Federal Bureau of Investigation or the des-
ignee of the Director, any person making or in-
tending to make a disclosure under clause (i) or 
(iii) of subparagraph (A) shall identify to the 
Director or such designee the person to whom 
such disclosure will be made or to whom such 
disclosure was made prior to the request. 
‘‘(3) EXTENSION.—The Director of the Federal 
Bureau of Investigation, or a designee of the Direc-
tor (whose rank shall be no lower than Assistant 
Special Agent in Charge), may apply for renewals of 
the prohibition on disclosure of particular informa-
tion about the existence or contents of an order re-
quiring the production of tangible things under this 
section for additional periods of not longer than 1 
year, unless the facts justify a longer period of non-
disclosure. A nondisclosure requirement shall be re-
newed if a court having jurisdiction under paragraph 
(4) determines that the application meets the re-
quirements of subsection (b)(3). 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(4) JURISDICTION.—An application for a re-
newal under this subsection shall be made to— 
‘‘(A) a judge of the court established under 
section 103(a); or 
‘‘(B) a United States Magistrate Judge 
under chapter 43 of title 28, United States 
Code, who is publicly designated by the Chief 
Justice of the United States to have the power 
to hear applications and grant orders for the 
production of tangible things under this section 
on behalf of a judge of the court established 
under section 103(a).’’. 
(4) MINIMIZATION.—Section 501(g) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861(g)) is amended— 
(A) in paragraph (1), by striking ‘‘Not 
later than’’ and all that follows and inserting 
‘‘At or before the end of the period of time for 
the production of tangible things under an 
order entered under this section or at any time 
after the production of tangible things under an 
order entered under this section, a judge may 
assess compliance with the minimization proce-
dures required by such order by reviewing the 
circumstances under which information con-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
cerning United States persons was acquired, re-
tained, or disseminated.’’; and 
(B) in paragraph (2)(A), by inserting ‘‘ac-
quisition and’’ after ‘‘to minimize the’’. 
(5) 
CONFORMING
AMENDMENT.—Section 
501(f)(1)(B) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861(f)(1)(B)) is amended 
by striking ‘‘an order imposed under subsection (d)’’ 
and inserting ‘‘a nondisclosure requirement imposed 
in connection with a production order’’. 
(b) JUDICIAL REVIEW.—Section 501(f)(2) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861(f)(2)) is amended— 
(1) in subparagraph (A)(i)— 
(A) by striking ‘‘that order’’ and inserting 
‘‘such production order or any nondisclosure 
order imposed in connection with such produc-
tion order’’; and 
(B) by striking the second sentence; 
(2) by striking subparagraph (C) and inserting 
the following new subparagraph: 
‘‘(C) A judge considering a petition to modify or set 
aside a nondisclosure order shall grant such petition un-
less the court determines that— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) there is reason to believe that disclosure of 
the information subject to the nondisclosure require-
ment during the time period in which such require-
ment is in effect will result in— 
‘‘(I) endangering the life or physical safety 
of any person; 
‘‘(II) flight from investigation or prosecu-
tion; 
‘‘(III) destruction of or tampering with evi-
dence; 
‘‘(IV) intimidation of potential witnesses; 
‘‘(V) interference with diplomatic relations; 
‘‘(VI) alerting a target, an associate of a 
target, or the foreign power of which the target 
is an agent, of the interest of the Government 
in the target; or 
‘‘(VII) otherwise seriously endangering the 
national security of the United States; and 
‘‘(ii) the nondisclosure requirement is narrowly 
tailored to address the specific harm identified under 
clause (i).’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) If a judge denies a petition to modify or set 
aside a nondisclosure order under this paragraph, no per-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
son may file another petition to modify or set aside such 
nondisclosure order until the date that is one year after 
the date on which such judge issues the denial of such 
petition.’’. 
(c) EMERGENCY AUTHORITY FOR ACCESS TO CALL 
DETAIL RECORDS.— 
(1) IN GENERAL.—Title V of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1861 et 
seq.) is amended— 
(A) by redesignating section 502 as section 
503; and 
(B) by inserting after section 501 the fol-
lowing new section: 
‘‘SEC. 502. EMERGENCY AUTHORITY FOR ACCESS TO CALL 
DETAIL RECORDS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this title, the Attorney General may require the 
production of call detail records by the provider of a wire 
or electronic communication service on an emergency basis 
if— 
‘‘(1) such records— 
‘‘(A) are relevant and material to an au-
thorized investigation (other than a threat as-
sessment) conducted in accordance with section 
501(a)(2) to— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) obtain foreign intelligence infor-
mation not concerning a United States 
person; or 
‘‘(ii) protect against international ter-
rorism or clandestine intelligence activities; 
and 
‘‘(B) pertain to— 
‘‘(i) a foreign power or an agent of a 
foreign power; 
‘‘(ii) the activities of a suspected 
agent of a foreign power who is the subject 
of such authorized investigation; or 
‘‘(iii) an individual in contact with, or 
known to, a suspected agent of a foreign 
power; 
‘‘(2) the Attorney General reasonably deter-
mines that— 
‘‘(A) an emergency requires the production 
of such records before an order requiring such 
production can with due diligence be obtained 
under section 501; and 
‘‘(B) the factual basis for issuance of an 
order under section 501 to require the produc-
tion of such records exists; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(3) a judge referred to in section 501(b)(1) is 
informed by the Attorney General or a designee of 
the Attorney General at the time of the required 
production of such records that the decision has 
been made to require such production on an emer-
gency basis; and 
‘‘(4) an application in accordance with section 
501 is made to such judge as soon as practicable, 
but not more than 7 days after the date on which 
the Attorney General requires the production of such 
records under this section. 
‘‘(b) TERMINATION OF AUTHORITY.— 
‘‘(1) TERMINATION.—In the absence of an 
order under section 501 approving the production of 
call detail records under subsection (a), the author-
ity to require the production of such records shall 
terminate at the earlier of— 
‘‘(A) when the information sought is ob-
tained; 
‘‘(B) when the application for the order is 
denied under section 501; or 
‘‘(C) 7 days after the time of the author-
ization by the Attorney General. 
‘‘(2) USE OF INFORMATION.—If an application 
for an order under section 501 for the production of 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
call detail records required to be produced pursuant 
to subsection (a) is denied, or in any other case in 
which the emergency production of call detail 
records under this section is terminated and no 
order under section 501 is issued approving the re-
quired production of such records, no information 
obtained or evidence derived from such records shall 
be received in evidence or otherwise disclosed in any 
trial, hearing, or other proceeding in or before any 
court, grand jury, department, office, agency, regu-
latory 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 records shall sub-
sequently 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 At-
torney General if the information indicates a threat 
of death or serious bodily harm to any person. 
‘‘(c) REPORT.—The Attorney General shall annually 
submit to the Permanent Select Committee on Intelligence 
and the Committee on the Judiciary of the House of Rep-
resentatives and the Select Committee on Intelligence and 
the Committee on the Judiciary of the Senate a report 
containing the number of times the authority under this 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
section was exercised during the calendar year covered by 
such report. 
‘‘(d) CALL DETAIL RECORDS DEFINED.—In this sec-
tion, the term ‘call detail records’— 
‘‘(1) means session identifying information (in-
cluding originating or terminating telephone num-
ber, International Mobile Subscriber Identity num-
ber, or International Mobile Station Equipment 
Identity number), telephone calling card numbers, or 
the time or duration of a call; and 
‘‘(2) does not include— 
‘‘(A) the contents of any communication 
(as defined in section 2510(8) of title 18, 
United States Code); 
‘‘(B) the name, address, or financial infor-
mation of a subscriber or customer; or 
‘‘(C) cell site location information.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents in the first section of the Foreign 
Intelligence Surveillance Act of 1978 is amended by 
striking the item relating to section 502 and insert-
ing the following new items: 
‘‘502. Emergency authority for access to call detail records. 
‘‘503. Congressional oversight.’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
102(b) of the USA PATRIOT Improvement and Re-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
authorization Act of 2005 (50 U.S.C. 1805 note) is 
amended by striking ‘‘sections 501, 502, and’’ and 
inserting ‘‘title V and section’’. 
SEC. 102. 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 2010 through 2013’’ 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 2010 
through 2013, 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-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
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 2010 THROUGH 2013.— 
Not later than December 31, 2014, 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 2010 through 2013.’’; 
(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, 2010, and ending on December 31, 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
2013, the Inspector General of the Intelligence Com-
munity shall— 
‘‘(A) assess the importance of the informa-
tion acquired under title V of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1861 et seq.) to the activities of the intelligence 
community; 
‘‘(B) examine the manner in which that in-
formation was collected, retained, analyzed, and 
disseminated by the intelligence community; 
‘‘(C) describe any noteworthy facts or cir-
cumstances relating to orders under such title; 
‘‘(D) examine any 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 
‘‘(E) examine any minimization procedures 
proposed by an element of the intelligence com-
munity 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, 2014, the Inspector 
General of the Intelligence Community shall submit 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
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 
assessment for calendar years 2010 through 2013.’’; 
(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 subsection (c)(1) and 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
(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).’’. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
TITLE II—FISA PEN REGISTER 
AND TRAP AND TRACE DE-
VICE REFORMS 
SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS 
AND TRAP AND TRACE DEVICES. 
(a) APPLICATION.—Section 402(c) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 
is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; and 
(2) by striking paragraph (2) and inserting the 
following new paragraphs: 
‘‘(2) a statement of facts showing that there 
are reasonable grounds to believe that the informa-
tion sought— 
‘‘(A) is relevant and material to an author-
ized investigation to obtain foreign intelligence 
information not concerning a United States per-
son or to protect against international terrorism 
or clandestine intelligence activities (other than 
a threat assessment), provided that such inves-
tigation of a United States person is not con-
ducted solely upon the basis of activities pro-
tected by the First Amendment to the Constitu-
tion of the United States; and 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(B) pertain to— 
‘‘(i) a foreign power or an agent of a 
foreign power; 
‘‘(ii) the activities of a suspected 
agent of a foreign power who is the subject 
of such authorized investigation; or 
‘‘(iii) an individual in contact with, or 
known to, a suspected agent of a foreign 
power; and 
‘‘(3) a statement of proposed minimization pro-
cedures.’’. 
(b) MINIMIZATION.— 
(1) DEFINITION.—Section 401 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1841) is amended by adding at the end the following 
new paragraph: 
‘‘(4) 
The 
term 
‘minimization 
procedures’ 
means— 
‘‘(A) specific procedures that are reason-
ably designed in light of the purpose and tech-
nique of an order for the installation and use 
of a pen register or trap and trace device, to 
minimize the acquisition and retention, and pro-
hibit the dissemination, of nonpublicly available 
information concerning unconsenting United 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
States persons consistent with the need of the 
United States to obtain, produce, and dissemi-
nate foreign intelligence information; 
‘‘(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 man-
ner that identifies any United States person, 
without such person’s consent, unless such per-
son’s identity is necessary to understand foreign 
intelligence information or assess its impor-
tance; 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 about to be committed and that is to be re-
tained or disseminated for law enforcement pur-
poses.’’. 
(2) PROCEDURES REQUIRED.—Section 402 of 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1842) is amended— 
(A) in subsection (d)— 
(i) in paragraph (1), by inserting 
‘‘and that the proposed minimization pro-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
cedures meet the definition of minimization 
procedures under this title’’ before the pe-
riod at the end; and 
(ii) in paragraph (2)(B)— 
(I) in clause (ii)(II), by striking 
‘‘and’’ after the semicolon; and 
(II) by adding at the end the fol-
lowing new clause: 
‘‘(iv) the minimization procedures be 
followed; and’’; and 
(B) 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 device is approved under an order or an exten-
sion under this section, the judge may assess compliance 
with the minimization procedures by reviewing the cir-
cumstances under which information concerning United 
States persons was acquired, retained, or disseminated.’’. 
(3) EMERGENCIES.—Section 403 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1843) is amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
(B) by inserting after subsection (b) the 
following new subsection: 
‘‘(c) If the Attorney General authorizes the emer-
gency installation and use of a pen register or trap and 
trace device under this section, the Attorney General shall 
require that minimization procedures required by this title 
for the issuance of a judicial order be followed.’’. 
(4) USE OF INFORMATION.—Section 405(a)(1) 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1845(a)(1)) is amended by inserting 
‘‘and the minimization procedures required under 
the order approving such pen register or trap and 
trace device’’ after ‘‘of this section’’. 
(c) TRANSITION PROCEDURES.— 
(1) ORDERS IN EFFECT.—Notwithstanding the 
amendments made by this section, an order entered 
under section 402(d)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(d)(1)) 
that is in effect on the effective date of the amend-
ments made by this section shall remain in effect 
until the expiration of the order. 
(2) EXTENSIONS.—A request for an extension 
of an order referred to in paragraph (1) shall be 
subject to the requirements of the Foreign Intel-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.), as amended by this Act. 
SEC. 202. INSPECTOR GENERAL REPORTS ON PEN REG-
ISTERS AND TRAP AND TRACE DEVICES. 
(a) AUDITS.—The Inspector General of the Depart-
ment of Justice shall perform comprehensive audits of the 
effectiveness and use, including any improper or illegal 
use, of pen registers and trap and trace devices under title 
IV of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1841 et seq.) during the period beginning on 
January 1, 2010, and ending on December 31, 2013. 
(b) REQUIREMENTS.—The audits required under 
subsection (a) shall include— 
(1) an examination of the use of pen registers 
and trap and trace devices under such title for cal-
endar years 2010 through 2013; 
(2) an examination of the installation and use 
of a pen register or trap and trace device on emer-
gency bases under section 403 of such Act (50 
U.S.C. 1843); 
(3) an examination of any noteworthy facts or 
circumstances relating to the use of a pen register 
or trap and trace device under such title, including 
any improper or illegal use of the authority provided 
under such title; and 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
(4) an examination of the effectiveness of the 
authority under such title as an investigative tool, 
including— 
(A) the importance of the information ac-
quired to the intelligence activities of the Fed-
eral Bureau of Investigation; 
(B) the manner in which the information is 
collected, retained, analyzed, and disseminated 
by the Federal Bureau of Investigation, includ-
ing any direct access to the information pro-
vided to any other department, agency, or in-
strumentality of Federal, State, local, or tribal 
governments or any private sector entity; 
(C) whether, and how often, the Federal 
Bureau of Investigation used information ac-
quired under a pen register or trap and trace 
device under such title to produce an analytical 
intelligence product for distribution within the 
Federal Bureau of Investigation, to the intel-
ligence community, or to another department, 
agency, or instrumentality of Federal, State, 
local, or tribal governments; and 
(D) whether, and how often, the Federal 
Bureau of Investigation provided information 
acquired under a pen register or trap and trace 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
device under such title to law enforcement au-
thorities for use in criminal proceedings. 
(c) REPORT.—Not later than December 31, 2014, the 
Inspector General of the Department of Justice shall sub-
mit to the Committee on the Judiciary and the Select 
Committee on Intelligence of the Senate and the Com-
mittee on the Judiciary and the Permanent Select Com-
mittee on Intelligence of the House of Representatives a 
report containing the results of the audits conducted 
under subsection (a) for calendar years 2010 through 
2013. 
(d) INTELLIGENCE ASSESSMENT.— 
(1) IN
GENERAL.—For the period beginning 
January 1, 2010, and ending on December 31, 
2013, the Inspector General of the Intelligence Com-
munity shall— 
(A) assess the importance of the informa-
tion to the activities of the intelligence commu-
nity; 
(B) examine the manner in which the in-
formation was collected, retained, analyzed, and 
disseminated; 
(C) describe any noteworthy facts or cir-
cumstances relating to orders under title IV of 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1841 et seq.); and 
(D) examine any minimization procedures 
used by elements of the intelligence community 
in relation to pen registers and trap and trace 
devices under title IV of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1841 et seq.) and whether the minimization 
procedures adequately protect the constitutional 
rights of United States persons. 
(2) SUBMISSION
DATES
FOR
ASSESSMENT.— 
Not later than December 31, 2014, 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 Se-
lect Committee on Intelligence of the House of Rep-
resentatives a report containing the results of the 
assessment for calendar years 2010 through 2013. 
(e) PRIOR NOTICE TO ATTORNEY GENERAL AND DI-
RECTOR OF NATIONAL INTELLIGENCE; COMMENTS.— 
(1) NOTICE.—Not later than 30 days before the 
submission of any report under subsection (c) or (d), 
the Inspector General of the Department of Justice 
and the Inspector General of the Intelligence Com-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
munity shall provide the report to the Attorney Gen-
eral and the Director of National Intelligence. 
(2) COMMENTS.—The Attorney General or the 
Director of National Intelligence may provide such 
comments to be included in any report submitted 
under subsection (c) or (d) as the Attorney General 
or the Director of National Intelligence may consider 
necessary. 
(f) UNCLASSIFIED FORM.—Each report submitted 
under subsection (c) and any comments included in that 
report under subsection (e)(2) shall be in unclassified 
form, but may include a classified annex. 
(g) DEFINITIONS.—In this section— 
(1) the terms ‘‘Attorney General’’, ‘‘foreign in-
telligence information’’, and ‘‘United States person’’ 
have the meanings given those terms in section 101 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801); 
(2) 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); 
(3) the term ‘‘minimization procedures’’ has the 
meaning given that term in section 401 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1841), as amended by this Act; and 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
(4) the terms ‘‘pen register’’ and ‘‘trap and 
trace device’’ have the meanings given those terms 
in section 3127 of title 18, United States Code. 
TITLE III—FISA ACQUISITIONS 
TARGETING 
PERSONS 
OUT-
SIDE THE UNITED STATES RE-
FORMS 
SEC. 301. CLARIFICATION ON PROHIBITION ON SEARCHING 
OF COLLECTIONS OF COMMUNICATIONS TO 
CONDUCT 
WARRANTLESS 
SEARCHES 
FOR 
THE COMMUNICATIONS OF UNITED STATES 
PERSONS. 
Section 702(b) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1881a(b)) is amended— 
(1) by redesignating paragraphs (1) through 
(5) as subparagraphs (A) through (E), respectively, 
and indenting such subparagraphs, as so redesig-
nated, an additional two ems from the left margin; 
(2) by striking ‘‘An acquisition’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—An acquisition’’; and 
(3) by adding at the end the following new 
paragraph: 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(2) CLARIFICATION
ON
PROHIBITION
ON 
SEARCHING OF COLLECTIONS OF COMMUNICATIONS 
OF UNITED STATES PERSONS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no officer or employee of the 
United States may conduct a search of a collec-
tion of communications acquired under this sec-
tion in an effort to find communications of a 
particular United States person (other than a 
corporation). 
‘‘(B) CONCURRENT
AUTHORIZATION
AND 
EXCEPTION
FOR
EMERGENCY
SITUATIONS.— 
Subparagraph (A) shall not apply to a search 
for communications related to a particular 
United States person if— 
‘‘(i) such United States person is the 
subject of an order or emergency author-
ization authorizing electronic surveillance 
or physical search under section 105, 304, 
703, 704, or 705, or title 18, United 
States Code, for the effective period of that 
order; 
‘‘(ii) the entity carrying out the 
search has a reasonable belief that the life 
or safety of such United States person is 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
threatened and the information is sought 
for the purpose of assisting that person; or 
‘‘(iii) such United States person has 
consented to the search.’’. 
SEC. 302. PROTECTION AGAINST COLLECTION OF WHOLLY 
DOMESTIC COMMUNICATIONS. 
(a) IN GENERAL.—Section 702 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1881a) is 
amended— 
(1) in subsection (d)(1)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) limit the acquisition of the contents 
of any communication to those communica-
tions— 
‘‘(i) to which any party is a target of 
the acquisition; or 
‘‘(ii) that contain an account identifier 
of a target of an acquisition, only if such 
communications are acquired to protect 
against international terrorism or the 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
international proliferation of weapons of 
mass destruction.’’; and 
(2) in subsection (i)(2)(B)— 
(A) in clause (i), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in clause (ii), by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(iii) limit the acquisition of the con-
tents of any communication to those com-
munications— 
‘‘(I) to which any party is a tar-
get of the acquisition; or 
‘‘(II) that contain an account 
identifier of the target of an acquisi-
tion, only if such communications are 
acquired to protect against inter-
national terrorism or the international 
proliferation of weapons of mass de-
struction.’’. 
(b) CONFORMING AMENDMENT.—Section 701 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1881) is amended— 
(1) in subsection (a)— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
(A) 
by 
inserting 
‘‘ ‘international 
ter-
rorism’,’’ after ‘‘ ‘foreign power’,’’; and 
(B) by striking ‘‘and ‘United States per-
son’ ’’ and inserting ‘‘ ‘United States person’, 
and ‘weapon of mass destruction’ ’’; and 
(2) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (5) as paragraphs (2) through (6), re-
spectively; and 
(B) by inserting before paragraph (2), as 
so redesignated, the following new paragraph: 
‘‘(1) ACCOUNT
IDENTIFIER.—The term ‘ac-
count identifier’ means a telephone or instrument 
number, other subscriber number, email address, or 
username used to uniquely identify an account.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the date that 
is 180 days after the date of the enactment of this Act. 
SEC. 303. PROHIBITION ON REVERSE TARGETING. 
Section 702(b)(1)(B) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1881a), as redesignated 
by section 301(1) of this Act, is amended by striking ‘‘the 
purpose’’ and inserting ‘‘a significant purpose’’. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED IN-
FORMATION. 
Section 702(i)(3) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by 
striking subparagraph (B) and inserting the following new 
subparagraph: 
‘‘(B) CORRECTION OF DEFICIENCIES.— 
‘‘(i) IN GENERAL.—If the Court finds 
that a certification required by subsection 
(g) does not contain all of the required ele-
ments, or that the procedures required by 
subsections (d) and (e) are not consistent 
with the requirements of those subsections 
or the Fourth Amendment to the Constitu-
tion of the United States, the Court shall 
issue an order directing the Government 
to, at the Government’s election and to the 
extent required by the order of the 
Court— 
‘‘(I) correct any deficiency identi-
fied by the order of the Court not 
later than 30 days after the date on 
which the Court issues the order; or 
‘‘(II) cease, or not begin, the im-
plementation of the authorization for 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
which such certification was sub-
mitted. 
‘‘(ii) LIMITATION ON USE OF INFOR-
MATION.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), no infor-
mation obtained or evidence derived 
from an acquisition pursuant to a cer-
tification or targeting or minimization 
procedures subject to an order under 
clause (i) concerning any United 
States person shall be received in evi-
dence or otherwise disclosed in any 
trial, hearing, or other proceeding in 
or before any court, grand jury, de-
partment, office, agency, regulatory 
body, legislative committee, or other 
authority of the United States, a 
State, or political subdivision thereof, 
and no information concerning any 
United States person acquired from 
the acquisition shall subsequently be 
used or disclosed in any other manner 
by Federal officers or employees with-
out the consent of the United States 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
person, except with the approval of 
the Attorney General if the informa-
tion indicates a threat of death or se-
rious bodily harm to any person. 
‘‘(II) EXCEPTION.—If the Gov-
ernment corrects any deficiency iden-
tified by the order of the Court under 
clause (i), the Court may permit the 
use or disclosure of information ac-
quired before the date of the correc-
tion under such minimization proce-
dures as the Court shall establish for 
purposes of this clause.’’. 
SEC. 305. MODIFICATION OF FISA AMENDMENTS ACT OF 
2008 SUNSET. 
(a) MODIFICATION.—Section 403(b)(1) of the FISA 
Amendments Act of 2008 (Public Law 110–261; 50 
U.S.C. 1881 note) is amended by striking ‘‘December 31, 
2017’’ and inserting ‘‘June 1, 2015’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 403(b)(2) of such Act (Public Law 110–261; 122 
Stat. 2474) is amended by striking ‘‘December 31, 2017’’ 
and inserting ‘‘June 1, 2015’’. 
(c) ORDERS IN EFFECT.—Section 404(b)(1) of such 
Act (Public Law 110–261; 50 U.S.C. 1801 note) is 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
amended in the paragraph heading by striking ‘‘DECEM-
BER 31, 2017’’ and inserting ‘‘JUNE 1, 2015’’. 
SEC. 306. INSPECTOR GENERAL REVIEWS OF AUTHORITIES. 
(a) AGENCY ASSESSMENTS.—Section 702(l)(2) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1881a(l)(2)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘authorized to acquire foreign intel-
ligence information under subsection (a)’’ and in-
serting ‘‘subject to the targeting or minimization 
procedures approved under this section’’; 
(2) in subparagraph (C), by inserting ‘‘United 
States persons or’’ after ‘‘later determined to be’’; 
and 
(3) in subparagraph (D)— 
(A) in the matter preceding clause (i), by 
striking ‘‘such review’’ and inserting ‘‘review 
conducted under this paragraph’’; 
(B) in clause (ii), by striking ‘‘and’’ at the 
end; 
(C) by redesignating clause (iii) as clause 
(iv); and 
(D) by inserting after clause (ii) the fol-
lowing new clause: 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(iii) the Inspector General of the In-
telligence Community; and’’. 
(b) INSPECTOR GENERAL OF THE INTELLIGENCE 
COMMUNITY REVIEW.— 
(1) RECURRING
REVIEWS.—Section 702(l) of 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(l)) is amended— 
(A) by redesignating paragraph (3) as 
paragraph (4); and 
(B) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) INSPECTOR
GENERAL
OF
THE
INTEL-
LIGENCE COMMUNITY REVIEW.— 
‘‘(A) IN GENERAL.—The Inspector General 
of the Intelligence Community is authorized to 
review the acquisition, use, and dissemination 
of information acquired under subsection (a) to 
review compliance with the targeting and mini-
mization procedures adopted in accordance with 
subsections (d) and (e) and the guidelines 
adopted in accordance with subsection (f), and 
in order to conduct the review required under 
subparagraph (B). 
‘‘(B) MANDATORY REVIEW.—The Inspec-
tor General of the Intelligence Community shall 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
review the procedures and guidelines developed 
by the elements of the intelligence community 
to implement this section, with respect to the 
protection of the privacy rights of United States 
persons, including— 
‘‘(i) an evaluation of the limitations 
outlined in subsection (b), the procedures 
approved in accordance with subsections 
(d) and (e), and the guidelines adopted in 
accordance with subsection (f), with re-
spect to the protection of the privacy rights 
of United States persons; and 
‘‘(ii) 
an 
evaluation 
of 
the 
cir-
cumstances under which the contents of 
communications acquired under subsection 
(a) may be searched in order to review the 
communications 
of 
particular 
United 
States persons. 
‘‘(C) CONSIDERATION OF OTHER REVIEWS 
AND
ASSESSMENTS.—In conducting a review 
under subparagraph (B), the Inspector General 
of the Intelligence Community shall take into 
consideration, to the extent relevant and appro-
priate, any reviews or assessments that have 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
been completed or are being undertaken under 
this section. 
‘‘(D) PUBLIC
REPORTING
OF
FINDINGS 
AND
CONCLUSIONS.—In a manner consistent 
with the protection of the national security of 
the United States, and in unclassified form, the 
Inspector General of the Intelligence Commu-
nity shall make publicly available a summary of 
the findings and conclusions of the review con-
ducted under subparagraph (B).’’. 
(2) REPORT.—Not later than December 31, 
2014, the Inspector General of the Intelligence Com-
munity shall submit a report regarding the reviews 
conducted under paragraph (3) of section 702(l) of 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(l)), as amended by paragraph (1) 
of this subsection, to— 
(A) the Attorney General; 
(B) the Director of National Intelligence; 
and 
(C) consistent with the Rules of the House 
of Representatives, the Standing Rules of the 
Senate, and Senate Resolution 400 of the 94th 
Congress or any successor Senate resolution— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
(i) the congressional intelligence com-
mittees; and 
(ii) the Committee on the Judiciary of 
the Senate and the Committee on the Ju-
diciary of the House of Representatives. 
(c) ANNUAL REVIEWS.—Section 702(l)(4)(A) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1881a(l)(4)(A)), as redesignated by subsection (b)(1), is 
amended— 
(1) in the matter preceding clause (i)— 
(A) in the first sentence— 
(i) by striking ‘‘conducting an acquisi-
tion authorized under subsection (a)’’ and 
inserting ‘‘subject to targeting or mini-
mization procedures approved under this 
section’’; and 
(ii) by striking ‘‘the acquisition’’ and 
inserting ‘‘acquisitions under subsection 
(a)’’; and 
(B) in the second sentence, by striking 
‘‘acquisitions’’ and inserting ‘‘information ob-
tained through an acquisition’’; and 
(2) in clause (iii), by inserting ‘‘United States 
persons or’’ after ‘‘later determined to be’’. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
TITLE 
IV—FOREIGN 
INTEL-
LIGENCE 
SURVEILLANCE 
COURT REFORMS 
SEC. 401. OFFICE OF THE SPECIAL ADVOCATE. 
(a) ESTABLISHMENT.—The Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended 
by adding at the end the following new title: 
‘‘TITLE IX—OFFICE OF THE 
SPECIAL ADVOCATE 
‘‘SEC. 901. DEFINITIONS. 
‘‘In this title: 
‘‘(1) DECISION.—The term ‘decision’ means a 
decision, order, or opinion issued by the Foreign In-
telligence Surveillance Court or the Foreign Intel-
ligence Surveillance Court of Review. 
‘‘(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT; COURT.—The terms ‘Foreign Intelligence 
Surveillance Court’ and ‘Court’ mean the court es-
tablished under section 103(a) and the petition re-
view pool established under section 103(e). 
‘‘(3) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT OF REVIEW; COURT OF REVIEW.—The terms 
‘Foreign Intelligence Surveillance Court of Review’ 
and ‘Court of Review’ mean the court of review es-
tablished under section 103(b). 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(4) OFFICE.—The term ‘Office’ means the Of-
fice of the Special Advocate established under sec-
tion 902(a). 
‘‘(5) SIGNIFICANT
CONSTRUCTION
OR
INTER-
PRETATION
OF
LAW.—The term ‘significant con-
struction or interpretation of law’ means a signifi-
cant construction or interpretation of a provision, as 
that term is construed under section 601(c). 
‘‘(6) SPECIAL ADVOCATE.—The term ‘Special 
Advocate’ means the Special Advocate appointed 
under section 902(b). 
‘‘SEC. 902. OFFICE OF THE SPECIAL ADVOCATE. 
‘‘(a) ESTABLISHMENT.—There is established within 
the judicial branch of the United States an Office of the 
Special Advocate. 
‘‘(b) SPECIAL ADVOCATE.— 
‘‘(1) IN GENERAL.—The head of the Office is 
the Special Advocate. 
‘‘(2) APPOINTMENT AND TERM.— 
‘‘(A) APPOINTMENT.—The Chief Justice of 
the United States shall appoint the Special Ad-
vocate from the list of candidates submitted 
under subparagraph (B). 
‘‘(B) LIST OF CANDIDATES.—The Privacy 
and Civil Liberties Oversight Board shall sub-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
mit to the Chief Justice a list of not less than 
5 qualified candidates to serve as Special Advo-
cate. The Board shall select candidates for such 
list whom the Board believes will be zealous and 
effective advocates in defense of civil liberties 
and consider with respect to each potential can-
didate— 
‘‘(i) the litigation and other profes-
sional experience of such candidate; 
‘‘(ii) the experience of such candidate 
in areas of law that the Special Advocate 
is likely to encounter in the course of the 
duties of the Special Advocate; and 
‘‘(iii) the demonstrated commitment 
of such candidate to civil liberties. 
‘‘(C) SECURITY
CLEARANCE.—An indi-
vidual may be appointed Special Advocate with-
out regard to whether the individual possesses 
a security clearance on the date of the appoint-
ment. 
‘‘(D) TERM
AND
DISMISSAL.—A Special 
Advocate shall be appointed for a term of 3 
years and may be removed only for good cause 
shown, including the demonstrated inability to 
qualify for an adequate security clearance. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(E) REAPPOINTMENT.—There shall be no 
limit to the number of consecutive terms served 
by a Special Advocate. The reappointment of a 
Special Advocate shall be made in the same 
manner as appointment of a Special Advocate. 
‘‘(F) ACTING SPECIAL ADVOCATE.—If the 
position of Special Advocate is vacant, the Chief 
Justice of the United States may appoint an 
Acting Special Advocate from among the quali-
fied employees of the Office. If there are no 
such qualified employees, the Chief Justice may 
appoint an Acting Special Advocate from the 
most recent list of candidates provided by the 
Privacy and Civil Liberties Oversight Board 
pursuant to subparagraph (B). The Acting Spe-
cial Advocate shall have all of the powers of a 
Special Advocate and shall serve until a Special 
Advocate is appointed. 
‘‘(3) EMPLOYEES.—The Special Advocate may 
appoint and terminate and fix the compensation of 
employees of the Office without regard to the provi-
sions of title 5, United States Code, governing ap-
pointments in the competitive service. 
‘‘(c) DUTIES AND AUTHORITIES OF THE SPECIAL 
ADVOCATE.— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) IN GENERAL.—The Special Advocate— 
‘‘(A) may consider any request for con-
sultation by a party who has been served with 
an order or directive issued under this Act re-
quiring the party to provide information, facili-
ties, or assistance to the Federal Government; 
‘‘(B) may request to participate in a pro-
ceeding before the Foreign Intelligence Surveil-
lance Court; 
‘‘(C) shall participate in such proceeding if 
such request is granted; 
‘‘(D) shall participate in a proceeding be-
fore the Court if appointed to participate by the 
Court under section 903(a); 
‘‘(E) may request reconsideration of a de-
cision of the Court under section 903(b); 
‘‘(F) may appeal or seek review of a deci-
sion of the Court or the Foreign Intelligence 
Surveillance Court of Review under section 904; 
and 
‘‘(G) shall participate in such appeal or re-
view. 
‘‘(2) ACCESS
TO
APPLICATIONS
AND
DECI-
SIONS.— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(A) APPLICATIONS.—The Attorney Gen-
eral shall provide to the Special Advocate each 
application submitted to a judge of the Foreign 
Intelligence Surveillance Court under this Act 
at the same time as the Attorney General sub-
mits such applications. 
‘‘(B) 
DECISIONS.—The 
Foreign 
Intel-
ligence Surveillance Court and the Foreign In-
telligence Surveillance Court of Review shall 
provide to the Special Advocate access to each 
decision of the Court and the Court of Review, 
respectively, issued after the date of the enact-
ment of the USA FREEDOM Act and all docu-
ments and other material relevant to such deci-
sion in complete, unredacted form. 
‘‘(3) ADVOCACY.—The Special Advocate shall 
vigorously advocate before the Foreign Intelligence 
Surveillance Court or the Foreign Intelligence Sur-
veillance Court of Review, as appropriate, in support 
of legal interpretations that protect individual pri-
vacy and civil liberties. 
‘‘(4) OUTSIDE
COUNSEL.—The Special Advo-
cate may delegate to a competent outside counsel 
who has or is able to obtain an appropriate security 
clearance any duty or responsibility of the Special 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
Advocate set out in subparagraph (E) or (F) of 
paragraph (1) with respect to participation in a mat-
ter before the Court, the Court of Review, or the Su-
preme Court of the United States. 
‘‘(5) AVAILABILITY OF DOCUMENTS AND MATE-
RIAL.—The Court or the Court of Review, as appro-
priate, shall order any agency, department, or entity 
to make available to the Special Advocate, or appro-
priate outside counsel if the Special Advocate has 
delegated duties or responsibilities to the outside 
counsel under paragraph (4), any documents or 
other material necessary to carry out the duties de-
scribed in paragraph (1). 
‘‘(d) SECURITY CLEARANCES.—The appropriate de-
partments, agencies, and elements of the Executive branch 
shall cooperate with the Office, to the extent possible 
under existing procedures and requirements, to expedi-
tiously provide the Special Advocate, appropriate employ-
ees of the Office, and outside counsel to whom the Special 
Advocate delegates a duty or responsibility under sub-
section (c)(4) with the security clearances necessary to 
carry out the duties of the Special Advocate. 
‘‘SEC. 903. ADVOCACY BEFORE THE FOREIGN INTEL-
LIGENCE SURVEILLANCE COURT. 
‘‘(a) APPOINTMENT TO PARTICIPATE.— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) IN
GENERAL.—The Foreign Intelligence 
Surveillance Court may appoint the Special Advocate 
to participate in a proceeding before the Court. 
‘‘(2) STANDING.—If the Special Advocate is ap-
pointed to participate in a Court proceeding pursu-
ant to paragraph (1), the Special Advocate shall 
have standing as a party before the Court in that 
proceeding. 
‘‘(b) RECONSIDERATION
OF
A
FOREIGN
INTEL-
LIGENCE SURVEILLANCE COURT DECISION.— 
‘‘(1) AUTHORITY TO MOVE FOR RECONSIDER-
ATION.—The Special Advocate may move the Court 
to reconsider any decision of the Court made after 
the date of the enactment of the USA FREEDOM 
Act by petitioning the Court not later than 30 days 
after the date on which all documents and materials 
relevant to the decision are made available to the 
Special Advocate. 
‘‘(2) DISCRETION OF THE COURT.—The Court 
shall have discretion to grant or deny a motion for 
reconsideration made pursuant to paragraph (1). 
‘‘(c) AMICI CURIAE PARTICIPATION.— 
‘‘(1) MOTION BY THE SPECIAL ADVOCATE.— 
The Special Advocate may file a motion with the 
Court to permit and facilitate participation of amici 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
curiae, including participation in oral argument if 
appropriate, in any proceeding. The Court shall have 
the discretion to grant or deny such a motion. 
‘‘(2) FACILITATION BY THE FOREIGN INTEL-
LIGENCE SURVEILLANCE COURT.—The Court may, 
sua sponte, permit and facilitate participation by 
amici curiae, including participation in oral argu-
ment if appropriate, in proceedings before the Court. 
‘‘(3) REGULATIONS.—Not later than 180 days 
after the date of the enactment of USA FREEDOM 
Act, the Court shall promulgate regulations to pro-
vide the public with information sufficient to allow 
interested parties to participate as amici curiae. 
‘‘SEC. 904. APPELLATE REVIEW. 
‘‘(a) APPEAL OF FOREIGN INTELLIGENCE SURVEIL-
LANCE COURT DECISIONS.— 
‘‘(1) AUTHORITY TO APPEAL.—The Special Ad-
vocate may appeal any decision of the Foreign Intel-
ligence Surveillance Court issued after the date of 
the enactment of the USA FREEDOM Act not later 
than 90 days after the date on which the decision 
is issued. 
‘‘(2) STANDING AS APPELLANT.—If the Special 
Advocate appeals a decision of the Court pursuant 
to paragraph (1), the Special Advocate shall have 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
standing as a party before the Foreign Intelligence 
Surveillance Court of Review in such appeal. 
‘‘(3) MANDATORY REVIEW.—The Court of Re-
view shall review any Foreign Intelligence Surveil-
lance Court decision appealed by the Special Advo-
cate and issue a decision in such appeal, unless it 
would be apparent to all reasonable jurists that such 
decision is dictated by statute or by precedent. 
‘‘(4) STANDARD OF REVIEW.—The standard for 
a mandatory review of a Foreign Intelligence Sur-
veillance Court decision pursuant to paragraph (3) 
shall be— 
‘‘(A) de novo with respect to issues of law; 
and 
‘‘(B) clearly erroneous with respect to de-
termination of facts. 
‘‘(5) AMICI CURIAE PARTICIPATION.— 
‘‘(A) IN GENERAL.—The Court of Review 
shall accept amici curiae briefs from interested 
parties in all mandatory reviews pursuant to 
paragraph (3) and shall provide for amici cu-
riae participation in oral argument if appro-
priate. 
‘‘(B) REGULATIONS.—Not later than 180 
days after the date of the enactment of the 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
USA FREEDOM Act, the Court of Review 
shall promulgate regulations to provide the pub-
lic with information sufficient to allow inter-
ested parties to participate as amici curiae. 
‘‘(b) REVIEW OF FOREIGN INTELLIGENCE SURVEIL-
LANCE COURT OF REVIEW DECISIONS.— 
‘‘(1) AUTHORITY.—The Special Advocate may 
seek a writ of certiorari from the Supreme Court of 
the United States for review of any decision of the 
Foreign Intelligence Surveillance Court of Review. 
‘‘(2) STANDING.—In any proceedings before the 
Supreme Court of the United States relating to a 
petition of certiorari filed under paragraph (1) and 
any proceedings in a matter for which certiorari is 
granted, the Special Advocate shall have standing as 
a party. 
‘‘SEC. 905. DISCLOSURE. 
‘‘(a) REQUIREMENT TO DISCLOSE.—The Attorney 
General shall publicly disclose— 
‘‘(1) all decisions issued by the Foreign Intel-
ligence Surveillance Court or the Foreign Intel-
ligence Surveillance Court of Review after July 10, 
2003, that include a significant construction or in-
terpretation of law; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(2) any decision of the Court appealed by the 
Special Advocate pursuant to this title; and 
‘‘(3) any Court of Review decision that is issued 
after an appeal by the Special Advocate. 
‘‘(b) DISCLOSURE DESCRIBED.—For each disclosure 
required by subsection (a) with respect to a decision, the 
Attorney General shall make available to the public docu-
ments sufficient— 
‘‘(1) to identify with particularity each legal 
question addressed by the decision and how such 
question was resolved; 
‘‘(2) to describe in general terms the context in 
which the matter arises; 
‘‘(3) to describe the construction or interpreta-
tion of any statute, constitutional provision, or other 
legal authority relied on by the decision; and 
‘‘(4) to indicate whether the decision departed 
from any prior decision of the Court or Court of Re-
view. 
‘‘(c) DOCUMENTS DESCRIBED.—The Attorney Gen-
eral shall satisfy the disclosure requirements in subsection 
(b) by— 
‘‘(1) releasing a Court or Court of Review deci-
sion in its entirety or as redacted; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(2) releasing a summary of a Court or Court 
of Review decision; or 
‘‘(3) releasing an application made to the 
Court, briefs filed before the Court or the Court of 
Review, or other materials, in full or as redacted. 
‘‘(d) EXTENSIVE DISCLOSURE.—The Attorney Gen-
eral shall release as much information regarding the facts 
and analysis contained in a decision described in sub-
section (a) or documents described in subsection (c) as is 
consistent with legitimate national security concerns. 
‘‘(e) TIMING OF DISCLOSURE.— 
‘‘(1) DECISIONS
ISSUED
PRIOR
TO
ENACT-
MENT.—The Attorney General shall disclose a deci-
sion issued prior to the date of the enactment of the 
USA FREEDOM Act that is required to be dis-
closed under subsection (a)(1) not later than 180 
days after the date of the enactment of such Act. 
‘‘(2) FISA COURT DECISIONS.—The Attorney 
General shall release Court decisions appealed by the 
Special Advocate not later than 30 days after the 
date on which the appeal is filed. 
‘‘(3) FISA COURT OF REVIEW DECISIONS.—The 
Attorney General shall release Court of Review deci-
sions for which the Special Advocate seeks a writ of 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
certiorari not later than 90 days after the date on 
which the petition is filed. 
‘‘(f) PETITION BY THE SPECIAL ADVOCATE.— 
‘‘(1) AUTHORITY
TO
PETITION.—The Special 
Advocate may petition the Court or the Court of Re-
view to order— 
‘‘(A) the public disclosure of a decision of 
the Court or Court of Review, and documents 
or other material relevant to such a decision, 
previously designated as classified information; 
or 
‘‘(B) the release of an unclassified sum-
mary of such decisions and documents. 
‘‘(2) CONTENTS OF PETITION.—Each petition 
filed under paragraph (1) shall contain a detailed 
declassification proposal or a summary of the deci-
sion and documents that the Special Advocate pro-
poses to have released publicly. 
‘‘(3) ROLE OF THE ATTORNEY GENERAL.— 
‘‘(A) COPY
OF
PETITION.—The Special 
Advocate shall provide to the Attorney General 
a copy of each petition filed under paragraph 
(1). 
‘‘(B) OPPOSITION.—The Attorney General 
may oppose a petition filed under paragraph (1) 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
by submitting any objections in writing to the 
Court or the Court of Review, as appropriate, 
not later than 90 days after the date such peti-
tion was submitted. 
‘‘(4) PUBLIC AVAILABILITY.—Not less than 91 
days after receiving a petition under paragraph (1), 
and taking into account any objections from the At-
torney General made under paragraph (3)(B), the 
Court or the Court of Review, as appropriate, shall 
declassify and make readily available to the public 
any decision, document, or other material requested 
in such petition, to the greatest extent possible, con-
sistent with legitimate national security consider-
ations. 
‘‘(5) EFFECTIVE DATE.—The Special Advocate 
may not file a petition under paragraph (1) until 
181 days after the date of the enactment of the 
USA FREEDOM Act, except with respect to a deci-
sion appealed by the Special Advocate. 
‘‘SEC. 906. ANNUAL REPORT TO CONGRESS. 
‘‘(a) REQUIREMENT
FOR ANNUAL REPORT.—The 
Special Advocate shall submit to Congress an annual re-
port on the implementation of this title. 
‘‘(b) CONTENTS.—Each annual report submitted 
under subsection (a) shall— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) detail the activities of the Office of the 
Special Advocate; 
‘‘(2) provide an assessment of the effectiveness 
of this title; and 
‘‘(3) propose any new legislation to improve the 
functioning of the Office or the operation of the For-
eign Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review that the 
Special Advocate considers appropriate.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents in the first section of the Foreign Intelligence 
Surveillance Act of 1978, as amended by section 101(c)(2) 
of this Act, is further amended by adding at the end the 
following new items: 
‘‘TITLE IX—OFFICE OF THE SPECIAL ADVOCATE 
‘‘Sec. 901. Definitions. 
‘‘Sec. 902. Office of the Special Advocate. 
‘‘Sec. 903. Advocacy before the Foreign Intelligence Surveillance Court. 
‘‘Sec. 904. Appellate review. 
‘‘Sec. 905. Disclosure. 
‘‘Sec. 906. Annual report to Congress.’’. 
SEC. 402. FOREIGN INTELLIGENCE SURVEILLANCE COURT 
DISCLOSURE OF OPINIONS. 
Section 103 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803) is amended— 
(1) by redesignating subsections (g) and (h) as 
subsections (h) and (i), respectively; and 
(2) by inserting after subsection (f) the fol-
lowing new subsection: 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(g)(1) A judge of the court established under sub-
section (a) who authored an order, opinion, or other deci-
sion may sua sponte or on motion by a party request that 
such order, opinion, or other decision be made publicly 
available. 
‘‘(2) Upon a request under paragraph (1), the pre-
siding judge of the court established under subsection (a), 
in consultation with the other judges of such court, may 
direct that such order, opinion, or other decision be made 
publicly available. 
‘‘(3) Prior to making an order, opinion, or other deci-
sion of the court established under subsection (a) publicly 
available in accordance with this subsection, the presiding 
judge of such court may direct the Executive branch to 
review such order, opinion, or other decision and redact 
such order, opinion, or other decision as necessary to en-
sure that properly classified information is appropriately 
protected.’’. 
SEC. 403. PRESERVATION OF RIGHTS. 
Nothing in this title or an amendment made by this 
title shall be construed— 
(1) to provide the Attorney General with au-
thority to prevent the FISA Court or FISA Court of 
Review from declassifying decisions or releasing in-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
formation pursuant to this title or an amendment 
made by this title; and 
(2) to eliminate the public’s ability to secure in-
formation under section 552 of title 5, United States 
Code (commonly known as the ‘‘Freedom of Infor-
mation Act’’) or any other provision of law. 
TITLE V—NATIONAL SECURITY 
LETTER REFORMS 
SEC. 501. NATIONAL SECURITY LETTER AUTHORITY. 
(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE 
TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 
title 18, United States Code, is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘may—’’ and all that fol-
lows through the period at the end and insert-
ing the following: ‘‘may request the name, ad-
dress, length of service, and local and long dis-
tance toll billing records of a person or entity 
if the Director (or his designee) certifies in 
writing to the wire or electronic communication 
service provider to which the request is made 
that—’’; and 
(B) by adding at the end the following new 
paragraphs: 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) the name, address, length of service, and 
toll billing records sought are relevant and material 
to an authorized investigation to protect against 
international terrorism or clandestine intelligence ac-
tivities, provided that such an investigation of a 
United States person is not conducted solely on the 
basis of activities protected by the First Amendment 
to the Constitution of the United States; and 
‘‘(2) there are reasonable grounds to believe 
that the name, address, length of service, and toll 
billing records sought pertain to— 
‘‘(A) a foreign power or agent of a foreign 
power; 
‘‘(B) the activities of a suspected agent of 
a foreign power who is the subject of such au-
thorized investigation; or 
‘‘(C) an individual in contact with, or 
known to, a suspected agent of a foreign 
power.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) For purposes of this subsection, the terms ‘agent 
of a foreign power’, ‘foreign power’, ‘international ter-
rorism’, and ‘United States person’ have the same mean-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
ings as in section 101 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801).’’. 
(b) 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 to read as follows: 
‘‘SEC. 1114. ACCESS TO FINANCIAL RECORDS FOR CERTAIN 
INTELLIGENCE AND PROTECTIVE PURPOSES. 
‘‘(a) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—The Director of the Fed-
eral Bureau of Investigation, or a designee of the 
Director whose rank shall be no lower than Deputy 
Assistant Director at Bureau headquarters or Spe-
cial Agent in Charge in a Bureau field office, may 
issue in writing and cause to be served on a financial 
institution, a request requiring the production of— 
‘‘(A) the name of a customer of the finan-
cial institution; 
‘‘(B) the address of a customer of the fi-
nancial institution; 
‘‘(C) the length of time during which a 
person has been, or was, a customer of the fi-
nancial institution (including the start date) 
and the type of service provided by the financial 
institution to the customer; and 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(D) any account number or other unique 
identifier associated with a customer of the fi-
nancial institution. 
‘‘(2) LIMITATION.—A request issued under this 
subsection may not require the production of records 
or information not listed in paragraph (1). 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—A request issued under 
subsection (a) shall— 
‘‘(A) be subject to the requirements of sub-
sections (d) through (g) of section 2709 of title 
18, United States Code, in the same manner 
and to the same extent as those provisions 
apply with respect to a request under section 
2709(b) of title 18, United States Code, to a 
wire or electronic communication service pro-
vider; and 
‘‘(B) include a statement of facts showing 
that there are reasonable grounds to believe 
that the records or other things sought— 
‘‘(i) are relevant and material to an 
authorized investigation (other than a 
threat assessment and provided that such 
an investigation of a United States person 
is not conducted solely on the basis of ac-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
tivities protected by the First Amendment 
to the Constitution of the United States) 
to— 
‘‘(I) obtain foreign intelligence 
information not concerning a United 
States person; or 
‘‘(II) 
protect 
against 
inter-
national terrorism or clandestine intel-
ligence activities; and 
‘‘(ii) pertain to— 
‘‘(I) a foreign power or an agent 
of a foreign power; 
‘‘(II) the activities of a suspected 
agent of a foreign power who is the 
subject of such authorized investiga-
tion; or 
‘‘(III) an individual in contact 
with, or known to, a suspected agent 
of a foreign power. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section, the terms ‘agent of a foreign power’, ‘for-
eign intelligence information’, ‘foreign power’, ‘inter-
national terrorism’, and ‘United States person’ have 
the same meanings as in section 101 of the Foreign 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801). 
‘‘(c) DEFINITION OF FINANCIAL INSTITUTION.—For 
purposes of this section (and sections 1115 and 1117, in-
sofar as the sections relate to the operation of this sec-
tion), the term ‘financial institution’ has the same mean-
ing as in subsections (a)(2) and (c)(1) of section 5312 of 
title 31, United States Code, except that the term shall 
include only a financial institution any part of which is 
located inside any State or territory of the United States, 
the District of Columbia, Puerto Rico, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Is-
lands, or the United States Virgin Islands.’’. 
(c) NATIONAL SECURITY LETTER AUTHORITY FOR 
CERTAIN CONSUMER REPORT RECORDS.— 
(1) IN
GENERAL.—Section 626 of the Fair 
Credit Reporting Act (15 U.S.C. 1681u) is amend-
ed— 
(A) by striking subsections (a) through (c) 
and inserting the following new subsections: 
‘‘(a) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—The Director of the Fed-
eral Bureau of Investigation, or a designee of the 
Director whose rank shall be no lower than Deputy 
Assistant Director at Bureau headquarters or Spe-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
cial Agent in Charge in a Bureau field office, may 
issue in writing and cause to be served on a con-
sumer reporting agency a request requiring the pro-
duction of— 
‘‘(A) the name of a consumer; 
‘‘(B) the current and former address of a 
consumer; 
‘‘(C) the current and former places of em-
ployment of a consumer; and 
‘‘(D) the name and address of any finan-
cial institution (as that term is defined in sec-
tion 1101 of the Right to Financial Privacy Act 
of 1978 (12 U.S.C. 3401)) at which a consumer 
maintains or has maintained an account, to the 
extent that the information is in the files of the 
consumer reporting agency. 
‘‘(2) LIMITATION.—A request issued under this 
subsection may not require the production of a con-
sumer report. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—A request issued under 
subsection (a) shall— 
‘‘(A) be subject to the requirements of sub-
sections (d) through (g) of section 2709 of title 
18, United States Code, in the same manner 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
and to the same extent as those provisions 
apply with respect to a request under section 
2709(b) of title 18, United States Code, to a 
wire or electronic communication service pro-
vider; and 
‘‘(B) include a statement of facts showing 
that there are reasonable grounds to believe 
that the records or other things sought— 
‘‘(i) are relevant and material to an 
authorized investigation (other than a 
threat assessment and provided that such 
an investigation of a United States person 
is not conducted solely on the basis of ac-
tivities protected by the First Amendment 
to the Constitution of the United States) 
to— 
‘‘(I) obtain foreign intelligence 
information not concerning a United 
States person; or 
‘‘(II) 
protect 
against 
inter-
national terrorism or clandestine intel-
ligence activities; and 
‘‘(ii) pertain to— 
‘‘(I) a foreign power or an agent 
of a foreign power; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(II) the activities of a suspected 
agent of a foreign power who is the 
subject of such authorized investiga-
tion; or 
‘‘(III) an individual in contact 
with, or known to, a suspected agent 
of a foreign power. 
‘‘(2) DEFINITIONS.—In this subsection, the 
terms ‘agent of a foreign power’, ‘foreign intelligence 
information’, ‘foreign power’, ‘international ter-
rorism’, and ‘United States person’ have the mean-
ing given such terms in section 101 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801).’’; 
(B) by striking subsections (f) through (h); 
and 
(C) by redesignating subsections (d), (e), 
(i), (j), (k), (l), and (m) as subsections (c), (d), 
(e), (f), (g), (h), and (i), respectively. 
(2) REPEAL.—Section 627 of the Fair Credit 
Reporting Act (15 U.S.C. 1681v) is repealed. 
SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SE-
CURITY LETTERS. 
(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE 
TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
title 18, United States Code, is amended by striking sub-
section (c) and inserting the following new subsection: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN
GENERAL.—If a certification is 
issued under subparagraph (B) and notice of 
the right to judicial review under subsection (d) 
is provided, no wire or electronic communica-
tion service provider, or officer, employee, or 
agent thereof, that receives a request under 
subsection (b), shall disclose to any person that 
the Director of the Federal Bureau of Inves-
tigation has sought or obtained access to infor-
mation or records under this section. 
‘‘(B) CERTIFICATION.—The requirements 
of subparagraph (A) shall apply if the Director 
of the Federal Bureau of Investigation, or a 
designee of the Director whose rank shall be no 
lower than Deputy Assistant Director at Bu-
reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that the ab-
sence of a prohibition of disclosure under this 
subsection may result in— 
‘‘(i) endangering the life or physical 
safety of any person; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(ii) flight from investigation or pros-
ecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; 
‘‘(v) interference with diplomatic rela-
tions; 
‘‘(vi) alerting a target, an associate of 
a target, or the foreign power of which the 
target is an agent, of the interest of the 
Government in the target; or 
‘‘(vii) otherwise seriously endangering 
the national security of the United States. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A wire or electronic 
communication service provider, or officer, em-
ployee, or agent thereof, that receives a request 
under subsection (b) may disclose information 
otherwise subject to any applicable nondisclo-
sure requirement to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
shall be subject to the nondisclosure require-
ments applicable to a person to whom a request 
is issued under subsection (b) in the same man-
ner as the person to whom the request is 
issued. 
‘‘(C) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall notify the person of 
the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—At the request of the Director of 
the Federal Bureau of Investigation or the des-
ignee of the Director, any person making or in-
tending to make a disclosure under clause (i) or 
(iii) of subparagraph (A) shall identify to the 
Director or such designee the person to whom 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
such disclosure will be made or to whom such 
disclosure was made prior to the request. 
‘‘(3) TERMINATION.—In the case of any request 
for which a recipient has submitted a notification or 
filed a petition for judicial review under paragraph 
(3)(B), if the facts supporting a nondisclosure re-
quirement cease to exist, an appropriate official of 
the Federal Bureau of Investigation shall promptly 
notify the wire or electronic service provider, or offi-
cer, employee, or agent thereof, subject to the non-
disclosure requirement that the nondisclosure re-
quirement is no longer in effect.’’. 
(b) 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), as amended by section 501(b) of this Act, 
is further amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN
GENERAL.—If a certification is 
issued under subparagraph (B) and notice of 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
the right to judicial review under subsection (d) 
is provided, no financial institution, or officer, 
employee, or agent thereof, that receives a re-
quest under subsection (a) shall disclose to any 
person that the Federal Bureau of Investigation 
has sought or obtained access to information or 
records under subsection (a). 
‘‘(B) CERTIFICATION.—The requirements 
of subparagraph (A) shall apply if the Director 
of the Federal Bureau of Investigation, or a 
designee of the Director whose rank shall be no 
lower than Deputy Assistant Director at Bu-
reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that the ab-
sence of a prohibition of disclosure under this 
subsection may result in— 
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from investigation or pros-
ecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(v) interference with diplomatic rela-
tions; 
‘‘(vi) alerting a target, an associate of 
a target, or the foreign power of which the 
target is an agent, of the interest of the 
Government in the target; or 
‘‘(vii) otherwise seriously endangering 
the national security of the United States. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN
GENERAL.—A financial institu-
tion, or officer, employee, or agent thereof, that 
receives a request under subsection (a) may dis-
close information otherwise subject to any ap-
plicable nondisclosure requirement to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
shall be subject to the nondisclosure require-
ments applicable to a person to whom a request 
is issued under subsection (a) in the same man-
ner as the person to whom the request is 
issued. 
‘‘(C) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—At the request of the Director of 
the Federal Bureau of Investigation or the des-
ignee of the Director, any person making or in-
tending to make a disclosure under clause (i) or 
(iii) of subparagraph (A) shall identify to the 
Director or such designee the person to whom 
such disclosure will be made or to whom such 
disclosure was made prior to the request. 
‘‘(3) TERMINATION.—In the case of any request 
for which a financial institution has submitted a no-
tification or filed a petition for judicial review under 
paragraph (3)(B), if the facts supporting a non-
disclosure requirement cease to exist, an appropriate 
official of the Federal Bureau of Investigation shall 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
promptly notify the financial institution, or officer, 
employee, or agent thereof, subject to the nondisclo-
sure requirement that the nondisclosure requirement 
is no longer in effect.’’. 
(c) IDENTITY
OF FINANCIAL INSTITUTIONS
AND 
CREDIT REPORTS.—Section 626 of the Fair Credit Re-
porting Act (15 U.S.C. 1681u), as amended by section 
501(c) of this Act, is further amended by striking sub-
section (c) (as redesignated by section 501(c)(1)(D) of this 
Act) and inserting the following new subsection: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN
GENERAL.—If a certification is 
issued under subparagraph (B) and notice of 
the right to judicial review under subsection (d) 
is provided, no consumer reporting agency, or 
officer, employee, or agent thereof, that receives 
a request under subsection (a) shall disclose or 
specify in any consumer report, that the Fed-
eral Bureau of Investigation has sought or ob-
tained access to information or records under 
subsection (a) or (b). 
‘‘(B) CERTIFICATION.—The requirements 
of subparagraph (A) shall apply if the Director 
of the Federal Bureau of Investigation, or a 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
designee of the Director whose rank shall be no 
lower than Deputy Assistant Director at Bu-
reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that the ab-
sence of a prohibition of disclosure under this 
subsection may result in— 
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from investigation or pros-
ecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; 
‘‘(v) interference with diplomatic rela-
tions; 
‘‘(vi) alerting a target, an associate of 
a target, or the foreign power of which the 
target is an agent, of the interest of the 
Government in the target; or 
‘‘(vii) otherwise seriously endangering 
the national security of the United States. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A consumer reporting 
agency, or officer, employee, or agent thereof, 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
that receives a request under subsection (a) 
may disclose information otherwise subject to 
any applicable nondisclosure requirement to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
shall be subject to the nondisclosure require-
ments applicable to a person to whom a request 
is issued under subsection (a) or (b) in the 
same manner as the person to whom the re-
quest is issued. 
‘‘(C) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—At the request of the Director of 
the Federal Bureau of Investigation or the des-
ignee of the Director, any person making or in-
tending to make a disclosure under clause (i) or 
(iii) of subparagraph (A) shall identify to the 
Director or such designee the person to whom 
such disclosure will be made or to whom such 
disclosure was made prior to the request. 
‘‘(3) TERMINATION.—In the case of any request 
for which a consumer reporting agency has sub-
mitted a notification or filed a petition for judicial 
review under paragraph (3)(B), if the facts sup-
porting a nondisclosure requirement cease to exist, 
an appropriate official of the Federal Bureau of In-
vestigation shall promptly notify the consumer re-
porting agency, or officer, employee, or agent there-
of, subject to the nondisclosure requirement that the 
nondisclosure requirement is no longer in effect.’’. 
(d) INVESTIGATIONS OF PERSONS WITH ACCESS TO 
CLASSIFIED INFORMATION.—Section 802 of the National 
Security Act of 1947 (50 U.S.C. 3162) is amended by 
striking subsection (b) and inserting the following new 
subsection: 
‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) PROHIBITION.— 
‘‘(A) IN
GENERAL.—If a certification is 
issued under subparagraph (B) and notice of 
the right to judicial review under subsection (c) 
is provided, no governmental or private entity, 
or officer, employee, or agent thereof, that re-
ceives a request under subsection (a), shall dis-
close to any person that an authorized inves-
tigative agency described in subsection (a) has 
sought or obtained access to information under 
subsection (a). 
‘‘(B) CERTIFICATION.—The requirements 
of subparagraph (A) shall apply if the head of 
an authorized investigative agency described in 
subsection (a), or a designee, certifies that the 
absence of a prohibition of disclosure under this 
subsection may result in— 
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from investigation or pros-
ecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(v) interference with diplomatic rela-
tions; 
‘‘(vi) alerting a target, an associate of 
a target, or the foreign power of which the 
target is an agent, of the interest of the 
Government in the target; or 
‘‘(vii) otherwise seriously endangering 
the national security of the United States. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN
GENERAL.—A governmental or 
private entity, or officer, employee, or agent 
thereof, that receives a request under sub-
section (a) may disclose information otherwise 
subject to any applicable nondisclosure require-
ment to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the head of the authorized investigative 
agency described in subsection (a). 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
shall be subject to the nondisclosure require-
ments applicable to a person to whom a request 
is issued under subsection (a) in the same man-
ner as the person to whom the request is 
issued. 
‘‘(C) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—At the request of the head of an 
authorized investigative agency described in 
subsection (a), or a designee, any person mak-
ing or intending to make a disclosure under 
clause (i) or (iii) of subparagraph (A) shall 
identify to the head of the authorized investiga-
tive agency or such designee the person to 
whom such disclosure will be made or to whom 
such disclosure was made prior to the request. 
‘‘(3) TERMINATION.—In the case of any request 
for which a governmental or private entity has sub-
mitted a notification or filed a petition for judicial 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
review under paragraph (3)(B), if the facts sup-
porting a nondisclosure requirement cease to exist, 
an appropriate official of the authorized investigative 
agency described in subsection (a) shall promptly no-
tify the governmental or private entity, or officer, 
employee, or agent thereof, subject to the nondisclo-
sure requirement that the nondisclosure requirement 
is no longer in effect.’’. 
(e) JUDICIAL REVIEW.—Section 3511 of title 18, 
United States Code, is amended by striking subsection (b) 
and inserting the following new subsection: 
‘‘(b) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) NOTICE.—If a recipient of a request 
for a report, records, or other information 
under section 2709 of this title, section 626 of 
the Fair Credit Reporting Act (15 U.S.C. 
1681u), section 1114 of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414), or sec-
tion 802 of the National Security Act of 1947 
(50 U.S.C. 3162), wishes to have a court review 
a nondisclosure requirement imposed in connec-
tion with the request, the recipient may notify 
the Government or file a petition for judicial re-
view in any court described in subsection (a). 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(B) APPLICATION.—Not later than 30 
days after the date of receipt of a notification 
under subparagraph (A), the Government shall 
apply for an order prohibiting the disclosure of 
the existence or contents of the relevant re-
quest. An application under this subparagraph 
may be filed in the district court of the United 
States for the judicial district in which the re-
cipient of the order is doing business or in the 
district court of the United States for any judi-
cial district within which the authorized inves-
tigation that is the basis for the request is 
being conducted. The applicable nondisclosure 
requirement shall remain in effect during the 
pendency of proceedings relating to the require-
ment. 
‘‘(C) CONSIDERATION.—A district court of 
the United States that receives a petition under 
subparagraph (A) or an application under sub-
paragraph (B) should rule expeditiously, and 
shall, subject to paragraph (3), issue a non-
disclosure order that includes conditions appro-
priate to the circumstances. 
‘‘(2) APPLICATION CONTENTS.—An application 
for a nondisclosure order or extension thereof or a 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
response to a petition filed under paragraph (1) 
shall include a certification from the Attorney Gen-
eral, Deputy Attorney General, an Assistant Attor-
ney General, or the Director of the Federal Bureau 
of Investigation, or in the case of a request by a de-
partment, agency, or instrumentality of the Federal 
Government other than the Department of Justice, 
the head or deputy head of the department, agency, 
or instrumentality, containing a statement of specific 
facts indicating that the absence of a prohibition of 
disclosure under this subsection may result in— 
‘‘(A) endangering the life or physical safety 
of any person; 
‘‘(B) flight from investigation or prosecu-
tion; 
‘‘(C) destruction of or tampering with evi-
dence; 
‘‘(D) intimidation of potential witnesses; 
‘‘(E) interference with diplomatic relations; 
‘‘(F) alerting a target, an associate of a 
target, or the foreign power of which the target 
is an agent, of the interest of the Government 
in the target; or 
‘‘(G) otherwise seriously endangering the 
national security of the United States. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(3) STANDARD.—A district court of the 
United States shall issue a nondisclosure require-
ment order or extension thereof under this sub-
section if the court determines that there is reason 
to believe that disclosure of the information subject 
to the nondisclosure requirement during the applica-
ble time period will result in— 
‘‘(A) endangering the life or physical safety 
of any person; 
‘‘(B) flight from investigation or prosecu-
tion; 
‘‘(C) destruction of or tampering with evi-
dence; 
‘‘(D) intimidation of potential witnesses; 
‘‘(E) interference with diplomatic relations; 
‘‘(F) alerting a target, an associate of a 
target, or the foreign power of which the target 
is an agent, of the interest of the Government 
in the target; or 
‘‘(G) otherwise seriously endangering the 
national security of the United States.’’. 
SEC. 503. JUDICIAL REVIEW. 
(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE 
TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
title 18, United States Code, as amended by section 
501(a) of this Act, is further amended— 
(1) by redesignating subsections (d), (e), (f), 
and (g) as subsections (e), (f), (g), and (h), respec-
tively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—A request under subsection 
(b) or a non-disclosure requirement imposed in con-
nection with such request under subsection (c) shall 
be subject to judicial review under section 3511. 
‘‘(2) NOTICE.—A request under subsection (b) 
shall include notice of the availability of judicial re-
view described in paragraph (1).’’. 
(b) 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), as amended by section 502(b) of this Act, 
is further amended— 
(1) by redesignating subsection (d) (as redesig-
nated by such section 502(b)) as subsection (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) JUDICIAL REVIEW.— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) IN GENERAL.—A request under subsection 
(a) or a non-disclosure requirement imposed in con-
nection with such request under subsection (c) shall 
be subject to judicial review under section 3511 of 
title 18, United States Code. 
‘‘(2) NOTICE.—A request under subsection (a) 
shall include notice of the availability of judicial re-
view described in paragraph (1).’’. 
(c) IDENTITY
OF FINANCIAL INSTITUTIONS
AND 
CREDIT REPORTS.—Section 626 of the Right to Financial 
Privacy Act (15 U.S.C. 1681u), as amended by section 
502(c) of this Act, is further amended— 
(1) by redesignating subsections (d) through (i) 
(as redesignated by such section 502(c)) as sub-
sections (e) through (j), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—A request under subsection 
(a) or a non-disclosure requirement imposed in con-
nection with such request under subsection (c) shall 
be subject to judicial review under section 3511 of 
title 18, United States Code. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(2) NOTICE.—A request under subsection (a) 
shall include notice of the availability of judicial re-
view described in paragraph (1).’’. 
(d) INVESTIGATIONS OF PERSONS WITH ACCESS TO 
CLASSIFIED INFORMATION.—Section 802 of the National 
Security Act of 1947 (50 U.S.C. 3162) is amended— 
(1) by redesignating subsections (c) through (e) 
as subsections (d) through (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—A request under subsection 
(a) or a non-disclosure requirement imposed in con-
nection with such request under subsection (c) shall 
be subject to judicial review under section 3511 of 
title 18, United States Code. 
‘‘(2) NOTICE.—A request under subsection (a) 
shall include notice of the availability of judicial re-
view described in paragraph (1).’’. 
SEC. 504. INSPECTOR GENERAL REPORTS ON NATIONAL SE-
CURITY LETTERS. 
Section 119 of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109–177; 120 
Stat. 219) is amended— 
(1) in subsection (b)— 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
(A) in paragraph (1), by inserting ‘‘and 
calendar years 2010 through 2013’’ after 
‘‘2006’’; and 
(B) in paragraph (3)(C), by striking ‘‘(as 
such term is defined in section 3(4) of the Na-
tional 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 2010 THROUGH 2013.— 
Not later than December 31, 2014, the Inspector 
General of the Department of Justice shall submit 
to the Committee on the Judiciary and the Perma-
nent Select Committee on Intelligence of the House 
of Representatives and the Committee on the Judici-
ary and the Select Committee on Intelligence of the 
Senate a report containing the results of the audit 
conducted under subsection (a) for calendar years 
2010 through 2013.’’; 
(3) by striking subsection (g) and inserting the 
following new subsection: 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE
COMMUNITY.—The term 
‘intelligence community’ has the meaning given that 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
term in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003). 
‘‘(2) NATIONAL SECURITY LETTER.—The term 
‘national security letter’ means a request for infor-
mation under— 
‘‘(A) section 2709(b) of title 18, United 
States Code (to access certain communication 
service provider records); 
‘‘(B) section 1114 of the Right to Finan-
cial 
Privacy 
Act 
of 
1978 
(12 
U.S.C. 
3414(a)(5)(A)) (to obtain financial institution 
customer records); 
‘‘(C) section 802 of the National Security 
Act of 1947 (50 U.S.C. 3162) (to obtain finan-
cial information, records, and consumer re-
ports); or 
‘‘(D) section 626 of the Fair Credit Re-
porting Act (15 U.S.C. 1681u) (to obtain cer-
tain financial information and consumer re-
ports). 
‘‘(3) 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).’’; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
(4) by redesignating subsections (d), (e), and 
(f) as subsections (e), (f), and (g), respectively; 
(5) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) INTELLIGENCE ASSESSMENT.— 
‘‘(1) IN GENERAL.—For the period beginning 
on January 1, 2010, and ending on December 31, 
2013, the Inspector General of the Intelligence Com-
munity shall— 
‘‘(A) examine the use of national security 
letters by the intelligence community during the 
period; 
‘‘(B) describe any noteworthy facts or cir-
cumstances relating to the use of national secu-
rity letters by the intelligence community, in-
cluding any improper or illegal use of such au-
thority; 
‘‘(C) assess the importance of information 
received under the national security letters to 
the activities of the intelligence community; and 
‘‘(D) examine the manner in which infor-
mation received under the national security let-
ters was collected, retained, analyzed, and dis-
seminated. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
‘‘(2) SUBMISSION
DATE
FOR
ASSESSMENT.— 
Not later than December 31, 2014, 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 Se-
lect Committee on Intelligence of the House of Rep-
resentatives a report containing the results of the 
assessment for calendar years 2010 through 2013.’’; 
(6) in subsection (e), as redesignated by para-
graph (4)— 
(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 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
Intelligence Community in complying with 
the requirements of this section’’; and 
(B) in paragraph (2), by striking ‘‘the re-
ports submitted under subsection (c)(1) or 
(c)(2)’’ and inserting ‘‘any report submitted 
under subsection (c) or (d)’’; and 
(7) in subsection (f), as redesignated by para-
graph (4)— 
(A) by striking ‘‘The reports submitted 
under subsections (c)(1) or (c)(2)’’ and insert-
ing ‘‘Each report submitted under subsection 
(c)’’; and 
(B) by striking ‘‘subsection (d)(2)’’ and in-
serting ‘‘subsection (e)(2)’’. 
SEC. 505. NATIONAL SECURITY LETTER SUNSET. 
(a) REPEAL.—Effective on June 1, 2015— 
(1) section 2709 of title 18, United States 
Code, is amended to read as such provision read on 
October 25, 2001; 
(2) section 1114 of the Right to Financial Pri-
vacy Act of 1978 (12 U.S.C. 3414(a)(5)) is amended 
to read as such provision read on October 25, 2001; 
(3) subsections (a) and (b) of section 626 of the 
Fair Credit Reporting Act (15 U.S.C. 1681u) are 
amended to read as subsections (a) and (b), respec-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
tively, of the second of the 2 sections designated as 
section 624 of such Act (15 U.S.C. 1681u) (relating 
to disclosure to the Federal Bureau of Investigation 
for counterintelligence purposes), as added by sec-
tion 601 of the Intelligence Authorization Act for 
Fiscal Year 1996 (Public Law 104–93; 109 Stat. 
974), read on October 25, 2001; and 
(4) section 802 of the National Security Act of 
1947 (50 U.S.C. 3162) is amended to read as such 
provision read on October 25, 2001. 
(b) TRANSITION PROVISION.—Notwithstanding sub-
section (a), the provisions of law referred to in subsection 
(a), as in effect on May 31, 2015, shall continue to apply 
on and after June 1, 2015, with respect to any particular 
foreign intelligence investigation or with respect to any 
particular offense or potential offense that began or oc-
curred before June 1, 2015. 
SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS. 
Section 3511 of title 18, United States Code, is 
amended in subsections (a), (c), and (d), by striking ‘‘or 
627(a)’’ each place it appears. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
TITLE VI—FISA AND NATIONAL 
SECURITY 
LETTER 
TRANS-
PARENCY REFORMS 
SEC. 601. THIRD-PARTY REPORTING ON FISA ORDERS AND 
NATIONAL SECURITY LETTERS. 
(a) IN GENERAL.—Each electronic service provider 
may report information to the public in accordance with 
this section about demands and requests for information 
made by any Government entity under a surveillance law, 
and is exempt in accordance with subsection (d) from li-
ability with respect to that report, even if such provider 
would otherwise be prohibited by a surveillance law from 
reporting that information. 
(b) PERIODIC AGGREGATE REPORTS.—An electronic 
service provider may report such information not more 
often than quarterly and only to the following extent: 
(1) ESTIMATE OF NUMBERS OF DEMANDS AND 
REQUESTS MADE.—The report may reveal an esti-
mate of the number of the demands and requests de-
scribed in subsection (a) made during the period to 
which the report pertains. 
(2) ESTIMATE OF NUMBERS OF DEMANDS AND 
REQUESTS COMPLIED WITH.—The report may reveal 
an estimate of the numbers of the demands and re-
quests described in subsection (a) the electronic 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
100 
service provider complied with during the period to 
which the report pertains, regardless of when the de-
mands or requests were made. 
(3) ESTIMATE OF NUMBER OF USERS OR AC-
COUNTS.—The report may reveal an estimate of the 
numbers of users or accounts, or both, of the elec-
tronic service provider, for which information was 
demanded, requested, or provided during the period 
to which the report pertains. 
(c) SPECIAL RULES FOR REPORTS.— 
(1) LEVEL OF DETAIL BY AUTHORIZING SUR-
VEILLANCE LAW.—Any estimate disclosed under this 
section may be an overall estimate or broken down 
by categories of authorizing surveillance laws or by 
provisions of authorizing surveillance laws. 
(2) 
LEVEL
OF
DETAIL
BY
NUMERICAL 
RANGE.—Each estimate disclosed under this section 
shall be rounded to the nearest 100. If an estimate 
is zero, an electronic service provider may report the 
estimate as zero. 
(3) REPORT MAY BE BROKEN DOWN BY PERI-
ODS NOT LESS THAN CALENDAR QUARTERS.—For 
any reporting period, an electronic service provider 
may break down the report by calendar quarters or 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
101 
any other time periods greater than a calendar quar-
ter. 
(d) LIMITATION ON LIABILITY.—An electronic serv-
ice provider making a report that the electronic service 
provider reasonably believes in good faith is authorized by 
this section is not criminally or civilly liable in any court 
for making the report. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit disclosures other than 
those authorized by this section. 
(f) DEFINITIONS.—In this section: 
(1) ELECTRONIC
SERVICE
PROVIDER.—The 
term ‘‘electronic service provider’’ means an elec-
tronic communications service provider (as that term 
is defined in section 2510 of title 18, United States 
Code) or a remote computing service provider (as 
that term is defined in section 2711 of title 18, 
United States Code). 
(2) SURVEILLANCE LAW.—The term ‘‘surveil-
lance law’’ means any provision of any of the fol-
lowing: 
(A) The Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.). 
(B) Section 802(a) of the National Secu-
rity Act of 1947 (50 U.S.C. 436(a)). 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
102 
(C) Section 2709 of title 18, United States 
Code. 
(D) Section 1114 of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)). 
(E) Subsection (a) or (b) of section 626 of 
the Fair Credit Reporting Act (15 U.S.C. 
1681u(a), 1681u(b)). 
(F) Section 627(a) of the Fair Credit Re-
porting Act (15 U.S.C. 1681v(a)) (as in effect 
on the day before the date of the enactment of 
this Act). 
SEC. 602. GOVERNMENT REPORTING ON FISA ORDERS. 
(a) ELECTRONIC SURVEILLANCE.— 
(1) REPORT OF ELECTRONIC SURVEILLANCE.— 
Section 107 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1807) is amended— 
(A) by redesignating subsections (a) and 
(b) as paragraphs (1) and (2), respectively; 
(B) in the matter preceding paragraph (1) 
(as redesignated by subparagraph (A) of this 
paragraph)— 
(i) by striking ‘‘In April’’ and insert-
ing ‘‘(a) In April’’; and 
(ii) by striking ‘‘Congress’’ and insert-
ing ‘‘the Permanent Select Committee on 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
104 
(D) by adding at the end the following new 
subsection: 
‘‘(b)(1) Each report required under subsection (a) 
shall be submitted in unclassified form. 
‘‘(2) Not later than 7 days after a report is submitted 
under subsection (a), the Attorney General shall make 
such report publicly available.’’. 
(2) 
CONGRESSIONAL
OVERSIGHT.—Section 
108(a)(1) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1808) is amended by strik-
ing ‘‘the House Permanent Select Committee on In-
telligence and the Senate Select Committee on Intel-
ligence, and the Committee on the Judiciary of the 
Senate’’ and inserting ‘‘the Permanent Select Com-
mittee on Intelligence and the Committee on the Ju-
diciary of the House of Representatives and the Se-
lect Committee on Intelligence and the Committee 
on the Judiciary of the Senate’’. 
(b) PHYSICAL SEARCHES.—Section 306 of the For-
eign Intelligence Surveillance Act of 1978 (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 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
105 
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 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1846) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (3), by striking the pe-
riod and inserting a semicolon; and 
(C) 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; 
‘‘(5) for each department or agency described in 
paragraph (4), a breakdown of the numbers required 
by paragraphs (1), (2), and (3); 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
106 
‘‘(6) a good faith estimate of the total number 
of individuals who were targeted by the installation 
and use of a pen register or trap and trace device 
authorized under an order entered under this title, 
rounded to the nearest 100; 
‘‘(7) a good faith estimate of the total number 
of United States persons who were targeted by the 
installation and use of a pen register or trap and 
trace device authorized under an order entered 
under this title, rounded to the nearest 100; and 
‘‘(8) a good faith estimate of the total number 
of United States persons who were targeted by the 
installation and use of a pen register or trap and 
trace device authorized under an order entered 
under this title and whose information acquired by 
such pen register or trap and trace device was sub-
sequently reviewed or accessed by a Federal officer, 
employee, or agent, rounded to the nearest 100.’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(c)(1) Each report required under subsection (b) 
shall be submitted in unclassified form. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
107 
‘‘(2) Not later than 7 days after a report is submitted 
under subsection (b), the Attorney General shall make 
such report publicly available.’’. 
(d) ACCESS TO CERTAIN BUSINESS RECORDS AND 
OTHER TANGIBLE THINGS.—Section 503 of the Foreign 
Intelligence Surveillance Act of 1978, as redesignated by 
section 101(c) of this Act, is amended— 
(1) in subsection (a), by striking ‘‘Permanent 
Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intel-
ligence and the Committee on the Judiciary of the 
Senate’’ and inserting after ‘‘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’’; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘to the preceding calendar year—’’ 
and inserting ‘‘to the preceding calendar year 
the following:’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘the total’’ and insert-
ing ‘‘The total’’; and 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
108 
(ii) by striking the semicolon and in-
serting a period; 
(C) in paragraph (2)— 
(i) by striking ‘‘the total’’ and insert-
ing ‘‘The total’’; and 
(ii) by striking ‘‘; and’’ and inserting 
a period; 
(D) in paragraph (3)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘the number’’ and 
inserting ‘‘The number’’; and 
(ii) by adding at the end the following 
new subparagraphs: 
‘‘(F) Records concerning electronic com-
munications. 
‘‘(G) Records concerning wire communica-
tions.’’; and 
(E) by adding at the end the following new 
paragraphs: 
‘‘(4) A description of all other tangible things 
sought by an application made for the production of 
any tangible things under section 501, and the num-
ber of orders under such section 501 granted, modi-
fied, or denied, for each tangible thing. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
109 
‘‘(5) A description of each order under section 
501 granted, modified, or denied for the production 
of tangible things on an ongoing basis. 
‘‘(6) Each department or agency on whose be-
half the Director of the Federal Bureau of Investiga-
tion or a designee of the Director has made an ap-
plication for an order requiring the production of 
any tangible things under section 501. 
‘‘(7) For each department or agency described 
in paragraph (6), a breakdown of the numbers and 
descriptions required by paragraphs (1), (2), (3), 
(4), and (5).’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking ‘‘; 
and’’ and inserting a semicolon; 
(ii) in subparagraph (B), by striking 
the period and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing new subparagraphs: 
‘‘(C) a good faith estimate of the total number 
of individuals whose tangible things were produced 
under an order entered under section 501, rounded 
to the nearest 100; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
110 
‘‘(D) a good faith estimate of the total number 
of United States persons whose tangible things were 
produced under an order entered under section 501, 
rounded to the nearest 100; and 
‘‘(E) a good faith estimate of the total number 
of United States persons whose tangible things were 
produced under an order entered under section 501 
and subsequently reviewed or accessed by a Federal 
officer, employee, or agent, rounded to the nearest 
100.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) Not later than 7 days after the date on which 
a report is submitted under paragraph (1), the Attorney 
General shall make such report publicly available.’’. 
(e) ADDITIONAL PROCEDURES REGARDING CERTAIN 
PERSONS OUTSIDE THE UNITED STATES.—Section 707 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1881f) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(c) ADDITIONAL ANNUAL REPORT.— 
‘‘(1) REPORT
REQUIRED.—In April of each 
year, the Attorney General shall submit to the Per-
manent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Rep-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
111 
resentatives and the Select Committee on Intel-
ligence and the Committee on the Judiciary of the 
Senate a report setting forth with respect to the pre-
ceding year— 
‘‘(A) the total number of— 
‘‘(i) directives issued under section 
702; 
‘‘(ii) orders granted under section 
703; and 
‘‘(iii) orders granted under section 
704; 
‘‘(B) good faith estimates of the total num-
ber of individuals, rounded to the nearest 100, 
whose electronic or wire communications or 
communications records were collected pursuant 
to— 
‘‘(i) a directive issued under section 
702; 
‘‘(ii) an order granted under section 
703; and 
‘‘(iii) an order granted under section 
704; 
‘‘(C) good faith estimates of the total num-
ber, rounded to the nearest 100, of United 
States persons whose electronic or wire commu-
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
112 
nications or communications records were col-
lected pursuant to— 
‘‘(i) a directive issued under section 
702; 
‘‘(ii) an order granted under section 
703; and 
‘‘(iii) an order granted under section 
704; and 
‘‘(D) a good faith estimate of the total 
number of United States persons whose elec-
tronic or wire communications or communica-
tions records were collected pursuant to a direc-
tive issued under section 702 and subsequently 
reviewed or accessed by a Federal officer, em-
ployee, or agent, rounded to the nearest 100. 
‘‘(2) FORM.—Each report required under para-
graph (1) shall be submitted in unclassified form. 
‘‘(3) PUBLIC AVAILABILITY.—Not later than 7 
days after the date on which a report is submitted 
under paragraph (1), the Attorney General shall 
make such report publicly available.’’. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
113 
SEC. 603. GOVERNMENT REPORTING ON NATIONAL SECU-
RITY LETTERS. 
Section 118(c) of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (18 U.S.C. 3511 note) 
is amended to read as follows: 
‘‘(c) REPORT ON REQUESTS FOR NATIONAL SECU-
RITY LETTERS.— 
‘‘(1) CLASSIFIED FORM.— 
‘‘(A) IN GENERAL.—Not later than March 
1, 2015, and every 180 days thereafter, the At-
torney General shall submit to the Select Com-
mittee on Intelligence, the Committee on the 
Judiciary, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate and 
the Permanent Select Committee on Intel-
ligence, the Committee on the Judiciary, and 
the Committee on Financial Services of the 
House of Representatives a report fully inform-
ing the committees concerning the requests 
made under section 2709(a) of title 18, United 
States Code, section 1114 of the Right to Fi-
nancial Privacy Act of 1978 (12 U.S.C. 
3414(a)(5)(A)), section 626 of the Fair Credit 
Reporting Act (15 U.S.C. 1681u), or section 
802 of the National Security Act of 1947 (50 
U.S.C. 3162) during the applicable period. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
114 
‘‘(B) CONTENTS.—Each report under sub-
paragraph (A) shall include, for each provision 
of law described in subparagraph (A)— 
‘‘(i) authorized requests under the 
provision, including requests for subscriber 
information; and 
‘‘(ii) the number of authorized re-
quests under the provision— 
‘‘(I) that relate to a United 
States person; 
‘‘(II) that relate to a person that 
is not a United States person; 
‘‘(III) that relate to a person 
that is— 
‘‘(aa) the subject of an au-
thorized national security inves-
tigation; or 
‘‘(bb) an individual who has 
been in contact with or otherwise 
directly linked to the subject of 
an authorized national security 
investigation; and 
‘‘(IV) that relate to a person that 
is not known to be the subject of an 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
115 
authorized national security investiga-
tion. 
‘‘(2) UNCLASSIFIED FORM.— 
‘‘(A) IN GENERAL.—Not later than March 
1, 2015, and every 180 days thereafter, the At-
torney General shall submit to the Select Com-
mittee on Intelligence, the Committee on the 
Judiciary, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate and 
the Permanent Select Committee on Intel-
ligence, the Committee on the Judiciary, and 
the Committee on Financial Services of the 
House of Representatives a report fully inform-
ing the committees concerning the aggregate 
total of all requests identified under paragraph 
(1) during the applicable period. Each report 
under this paragraph shall be in unclassified 
form. 
‘‘(B) CONTENTS.—Each report under sub-
paragraph (A) shall include the aggregate total 
of requests— 
‘‘(i) that relate to a United States 
person; 
‘‘(ii) that relate to a person that is 
not a United States person; 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
116 
‘‘(iii) that relate to a person that is— 
‘‘(I) the subject of an authorized 
national security investigation; or 
‘‘(II) an individual who has been 
in contact with or otherwise directly 
linked to the subject of an authorized 
national security investigation; and 
‘‘(iv) that relate to a person that is 
not known to be the subject of an author-
ized national security investigation. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) APPLICABLE PERIOD.—The term ‘ap-
plicable period’ means— 
‘‘(i) with respect to the first report 
submitted under paragraph (1) or (2), the 
period beginning 180 days after the date 
of enactment of the USA FREEDOM Act 
and ending on December 31, 2014; and 
‘‘(ii) with respect to the second report 
submitted under paragraph (1) or (2), and 
each report thereafter, the 6-month period 
ending on the last day of the second month 
before the date for submission of the re-
port. 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS
117 
‘‘(B) UNITED STATES PERSON.—The term 
‘United States person’ has the meaning given 
that term in section 101 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1801).’’. 
TITLE VII—PRIVACY AND CIVIL 
LIBERTIES 
OVERSIGHT 
BOARD SUBPOENA AUTHOR-
ITY 
SEC. 701. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
BOARD SUBPOENA AUTHORITY. 
Section 1061(g) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 
amended— 
(1) in paragraph (1)(D), by striking ‘‘submit a 
written request to the Attorney General of the 
United States that the Attorney General’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3). 
Æ 
VerDate Mar 15 2010 
07:28 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6301
E:\BILLS\H3361.IH
H3361
tjames on DSK6SPTVN1PROD with BILLS