ducted in accordance with subsection (a)(2) to 
protect against international terrorism, a state-
ment of facts showing that— 
‘‘(i) there are reasonable grounds to 
believe that the call detail records sought 
to be produced based on the specific selec-
tion term required under subparagraph (A) 
are relevant to such investigation; and 
‘‘(ii) there is a reasonable, articulable 
suspicion that such specific selection term 
is associated with a foreign power engaged 
in international terrorism or activities in 
preparation therefor, or an agent of a for-
eign power engaged in international ter-
rorism or activities in preparation therefor; 
and’’. 
(b) 
ORDER.—Section 
501(c)(2) 
(50 
U.S.C. 
1861(c)(2)) is amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (E), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph:
‘‘(F) in the case of an application de-
scribed in subsection (b)(2)(C), shall— 
‘‘(i) authorize the production on a 
daily basis of call detail records for a pe-
riod not to exceed 180 days; 
‘‘(ii) provide that an order for such 
production may be extended upon applica-
tion under subsection (b) and the judicial 
finding under paragraph (1) of this sub-
section; 
‘‘(iii) provide that the Government 
may require the prompt production of a 
first set of call detail records using the 
specific selection term that satisfies the 
standard 
required 
under 
subsection 
(b)(2)(C)(ii); 
‘‘(iv) provide that the Government 
may require the prompt production of a 
second set of call detail records using ses-
sion-identifying information or a telephone 
calling card number identified by the spe-
cific selection term used to produce call de-
tail records under clause (iii);
‘‘(v) provide that, when produced, 
such records be in a form that will be use-
ful to the Government; 
‘‘(vi) direct each person the Govern-
ment directs to produce call detail records 
under the order to furnish the Government 
forthwith all information, facilities, or 
technical assistance necessary to accom-
plish the production in such a manner as 
will protect the secrecy of the production 
and produce a minimum of interference 
with the services that such person is pro-
viding to each subject of the production; 
and 
‘‘(vii) direct the Government to— 
‘‘(I) adopt minimization proce-
dures that require the prompt de-
struction of all call detail records pro-
duced under the order that the Gov-
ernment determines are not foreign 
intelligence information; and 
‘‘(II) 
destroy 
all 
call 
detail 
records produced under the order as 
prescribed by such procedures.’’.
SEC. 102. EMERGENCY AUTHORITY. 
(a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is 
amended by adding at the end the following new sub-
section: 
‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF 
TANGIBLE THINGS.— 
‘‘(1) Notwithstanding any other provision of 
this section, the Attorney General may require the 
emergency production of tangible things if the Attor-
ney General— 
‘‘(A) reasonably determines that an emer-
gency situation requires the production of tan-
gible things before an order authorizing such 
production can with due diligence be obtained; 
‘‘(B) reasonably determines that the fac-
tual basis for the issuance of an order under 
this section to approve such production of tan-
gible things exists; 
‘‘(C) informs, either personally or through 
a designee, a judge having jurisdiction under 
this section at the time the Attorney General 
requires the emergency production of tangible 
things that the decision has been made to em-
ploy the authority under this subsection; and 
‘‘(D) makes an application in accordance 
with this section to a judge having jurisdiction
under this section as soon as practicable, but 
not later than 7 days after the Attorney Gen-
eral requires the emergency production of tan-
gible things under this subsection. 
‘‘(2) If the Attorney General requires the emer-
gency production of tangible things under paragraph 
(1), the Attorney General shall require that the 
minimization procedures required by this section for 
the issuance of a judicial order be followed. 
‘‘(3) In the absence of a judicial order approv-
ing the production of tangible things under this sub-
section, the production shall terminate when the in-
formation sought is obtained, when the application 
for the order is denied, or after the expiration of 7 
days from the time the Attorney General begins re-
quiring the emergency production of such tangible 
things, whichever is earliest. 
‘‘(4) A denial of the application made under 
this subsection may be reviewed as provided in sec-
tion 103. 
‘‘(5) If such application for approval is denied, 
or in any other case where the production of tangible 
things is terminated and no order is issued approv-
ing the production, no information obtained or evi-
dence derived from such production shall be received
in evidence or otherwise disclosed in any trial, hear-
ing, or other proceeding in or before any court, 
grand jury, department, office, agency, regulatory 
body, legislative committee, or other authority of the 
United States, a State, or a political subdivision 
thereof, and no information concerning any United 
States person acquired from such production shall 
subsequently be used or disclosed in any other man-
ner by Federal officers or employees without the 
consent of such person, except with the approval of 
the Attorney General if the information indicates a 
threat of death or serious bodily harm to any per-
son. 
‘‘(6) The Attorney General shall assess compli-
ance with the requirements of paragraph (5).’’. 
(b) CONFORMING AMENDMENT.—Section 501(d) (50 
U.S.C. 1861(d)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘pursuant to an order’’ and in-
serting ‘‘pursuant to an order issued or an 
emergency production required’’; 
(B) in subparagraph (A), by striking ‘‘such 
order’’ and inserting ‘‘such order or such emer-
gency production’’; and
(C) in subparagraph (B), by striking ‘‘the 
order’’ and inserting ‘‘the order or the emer-
gency production’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘an 
order’’ and inserting ‘‘an order or emergency 
production’’; and 
(B) in subparagraph (B), by striking ‘‘an 
order’’ and inserting ‘‘an order or emergency 
production’’. 
SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN-
GIBLE THINGS. 
(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 
1861(b)(2)), as amended by section 101(a) of this Act, 
is further amended by inserting before subparagraph (B), 
as redesignated by such section 101(a) of this Act, the 
following new subparagraph: 
‘‘(A) a specific selection term to be used as 
the basis for the production of the tangible 
things sought;’’. 
(b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is 
amended— 
(1) in paragraph (2)(A), by striking the semi-
colon and inserting ‘‘, including each specific selec-
tion term to be used as the basis for the produc-
tion;’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) No order issued under this subsection may 
authorize the collection of tangible things without 
the use of a specific selection term that meets the 
requirements of subsection (b)(2).’’. 
SEC. 104. JUDICIAL REVIEW. 
(a) MINIMIZATION PROCEDURES.— 
(1) JUDICIAL REVIEW.—Section 501(c)(1) (50 
U.S.C. 1861(c)(1)) is amended by inserting after 
‘‘subsections (a) and (b)’’ the following: ‘‘and that 
the minimization procedures submitted in accord-
ance with subsection (b)(2)(D) meet the definition of 
minimization procedures under subsection (g)’’. 
(2) RULE OF CONSTRUCTION.—Section 501(g) 
(50 U.S.C. 1861(g)) is amended by adding at the 
end the following new paragraph: 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall limit the authority of the court 
established under section 103(a) to impose addi-
tional, particularized minimization procedures with 
regard to the production, retention, or dissemination 
of nonpublicly available information concerning
unconsenting United States persons, including addi-
tional, particularized procedures related to the de-
struction of information within a reasonable time pe-
riod.’’. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) is 
amended— 
(A) by striking ‘‘Not later than 180 days 
after the date of the enactment of the USA PA-
TRIOT Improvement and Reauthorization Act 
of 2005, the’’ and inserting ‘‘The’’; and 
(B) by inserting after ‘‘adopt’’ the fol-
lowing: ‘‘, and update as appropriate,’’. 
(b) 
ORDERS.—Section 
501(f)(2) 
(50 
U.S.C. 
1861(f)(2)) is amended— 
(1) in subparagraph (A)(i)— 
(A) by striking ‘‘that order’’ and inserting 
‘‘the production order or any nondisclosure 
order imposed in connection with the produc-
tion order’’; and 
(B) by striking the second sentence; and 
(2) in subparagraph (C)— 
(A) by striking clause (ii); and 
(B) by redesignating clause (iii) as clause 
(ii).
SEC. 105. LIABILITY PROTECTION. 
Section 501(e) (50 U.S.C. 1861(e)) is amended to 
read as follows: 
‘‘(e)(1) No cause of action shall lie in any court 
against a person who— 
‘‘(A) produces tangible things or provides infor-
mation, facilities, or technical assistance in accord-
ance with an order issued or an emergency produc-
tion required under this section; or 
‘‘(B) otherwise provides technical assistance to 
the Government under this section or to implement 
the amendments made to this section by the USA 
FREEDOM Act of 2015. 
‘‘(2) A production or provision of information, facili-
ties, or technical assistance described in paragraph (1) 
shall not be deemed to constitute a waiver of any privilege 
in any other proceeding or context.’’. 
SEC. 106. COMPENSATION FOR ASSISTANCE. 
Section 501 (50 U.S.C. 1861), as amended by section 
102 of this Act, is further amended by adding at the end 
the following new subsection: 
‘‘(j) COMPENSATION.—The Government shall com-
pensate a person for reasonable expenses incurred for— 
‘‘(1) producing tangible things or providing in-
formation, facilities, or assistance in accordance with 
an order issued with respect to an application de-
scribed in subsection (b)(2)(C) or an emergency pro-
duction under subsection (i) that, to comply with 
subsection (i)(1)(D), requires an application de-
scribed in subsection (b)(2)(C); or 
‘‘(2) otherwise providing technical assistance to 
the Government under this section or to implement 
the amendments made to this section by the USA 
FREEDOM Act of 2015.’’. 
SEC. 107. DEFINITIONS. 
Section 501 (50 U.S.C. 1861), as amended by section 
106 of this Act, is further amended by adding at the end 
the following new subsection: 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) IN GENERAL.—The terms ‘foreign power’, 
‘agent of a foreign power’, ‘international terrorism’, 
‘foreign intelligence information’, ‘Attorney General’, 
‘United States person’, ‘United States’, ‘person’, and 
‘State’ have the meanings provided those terms in 
section 101. 
‘‘(2) ADDRESS.—The term ‘address’ means a 
physical address or electronic address, such as an 
electronic mail address or temporarily assigned net-
work address (including an Internet protocol ad-
dress).
‘‘(3) CALL DETAIL RECORD.—The term ‘call de-
tail record’— 
‘‘(A) means session-identifying information 
(including an originating or terminating tele-
phone number, an International Mobile Sub-
scriber Identity number, or an International 
Mobile Station Equipment Identity number), a 
telephone calling card number, or the time or 
duration of a call; and 
‘‘(B) does not include— 
‘‘(i) the contents (as defined in section 
2510(8) of title 18, United States Code) of 
any communication; 
‘‘(ii) the name, address, or financial 
information of a subscriber or customer; or 
‘‘(iii) cell site location or global posi-
tioning system information. 
‘‘(4) SPECIFIC SELECTION TERM.— 
‘‘(A) TANGIBLE THINGS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in subparagraph (B), a ‘specific se-
lection term’— 
‘‘(I) is a term that specifically 
identifies a person, account, address,
or personal device, or any other spe-
cific identifier; and 
‘‘(II) is used to limit, to the 
greatest extent reasonably practicable, 
the scope of tangible things sought 
consistent with the purpose for seek-
ing the tangible things. 
‘‘(ii) LIMITATION.—A specific selec-
tion term under clause (i) does not include 
an identifier that does not limit, to the 
greatest extent reasonably practicable, the 
scope of tangible things sought consistent 
with the purpose for seeking the tangible 
things, such as an identifier that— 
‘‘(I) identifies an electronic com-
munication service provider (as that 
term is defined in section 701) or a 
provider of remote computing service 
(as that term is defined in section 
2711 of title 18, United States Code), 
when not used as part of a specific 
identifier as described in clause (i), 
unless the provider is itself a subject 
of an authorized investigation for 
which the specific selection term is
used as the basis for the production; 
or 
‘‘(II) identifies a broad geo-
graphic region, including the United 
States, a city, a county, a State, a zip 
code, or an area code, when not used 
as part of a specific identifier as de-
scribed in clause (i). 
‘‘(iii) RULE
OF
CONSTRUCTION.— 
Nothing in this paragraph shall be con-
strued to preclude the use of multiple 
terms or identifiers to meet the require-
ments of clause (i). 
‘‘(B) CALL
DETAIL
RECORD
APPLICA-
TIONS.—For purposes of an application sub-
mitted under subsection (b)(2)(C), the term 
‘specific selection term’ means a term that spe-
cifically identifies an individual, account, or per-
sonal device.’’. 
SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 
RECORDS ORDERS. 
Section 106A of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (Public Law 109–177; 
120 Stat. 200) is amended— 
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘and 
calendar years 2012 through 2014’’ after 
‘‘2006’’; 
(B) by striking paragraphs (2) and (3); 
(C) by redesignating paragraphs (4) and 
(5) as paragraphs (2) and (3), respectively; and 
(D) in paragraph (3) (as so redesig-
nated)— 
(i) by striking subparagraph (C) and 
inserting the following new subparagraph: 
‘‘(C) with respect to calendar years 2012 
through 2014, an examination of the minimiza-
tion procedures used in relation to orders under 
section 501 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861) and wheth-
er the minimization procedures adequately pro-
tect the constitutional rights of United States 
persons;’’; and 
(ii) in subparagraph (D), by striking 
‘‘(as such term is defined in section 3(4) of 
the National Security Act of 1947 (50 
U.S.C. 401a(4)))’’; 
(2) in subsection (c), by adding at the end the 
following new paragraph:
‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— 
Not later than 1 year after the date of enactment 
of the USA FREEDOM Act of 2015, the Inspector 
General of the Department of Justice shall submit 
to the Committee on the Judiciary and the Select 
Committee on Intelligence of the Senate and the 
Committee on the Judiciary and the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives a report containing the results of the 
audit conducted under subsection (a) for calendar 
years 2012 through 2014.’’; 
(3) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; 
(4) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) INTELLIGENCE ASSESSMENT.— 
‘‘(1) IN GENERAL.—For the period beginning 
on January 1, 2012, and ending on December 31, 
2014, the Inspector General of the Intelligence Com-
munity shall assess— 
‘‘(A) the importance of the information ac-
quired under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et 
seq.) to the activities of the intelligence commu-
nity;
‘‘(B) the manner in which that information 
was collected, retained, analyzed, and dissemi-
nated by the intelligence community; 
‘‘(C) the minimization procedures used by 
elements of the intelligence community under 
such title and whether the minimization proce-
dures adequately protect the constitutional 
rights of United States persons; and 
‘‘(D) any minimization procedures pro-
posed by an element of the intelligence commu-
nity under such title that were modified or de-
nied by the court established under section 
103(a) of such Act (50 U.S.C. 1803(a)). 
‘‘(2) SUBMISSION
DATE
FOR
ASSESSMENT.— 
Not later than 180 days after the date on which the 
Inspector General of the Department of Justice sub-
mits the report required under subsection (c)(3), the 
Inspector General of the Intelligence Community 
shall submit to the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate 
and the Committee on the Judiciary and the Perma-
nent Select Committee on Intelligence of the House 
of Representatives a report containing the results of 
the assessment for calendar years 2012 through 
2014.’’;
(5) in subsection (e), as redesignated by para-
graph (3)— 
(A) in paragraph (1)— 
(i) by striking ‘‘a report under sub-
section (c)(1) or (c)(2)’’ and inserting ‘‘any 
report under subsection (c) or (d)’’; and 
(ii) by striking ‘‘Inspector General of 
the Department of Justice’’ and inserting 
‘‘Inspector General of the Department of 
Justice, the Inspector General of the Intel-
ligence Community, and any Inspector 
General of an element of the intelligence 
community that prepares a report to assist 
the Inspector General of the Department 
of Justice or the Inspector General of the 
Intelligence Community in complying with 
the requirements of this section’’; and 
(B) in paragraph (2), by striking ‘‘the re-
ports submitted under subsections (c)(1) and 
(c)(2)’’ and inserting ‘‘any report submitted 
under subsection (c) or (d)’’; 
(6) in subsection (f), as redesignated by para-
graph (3)— 
(A) by striking ‘‘The reports submitted 
under subsections (c)(1) and (c)(2)’’ and insert-
ing ‘‘Each report submitted under subsection 
(c)’’; and 
(B) by striking ‘‘subsection (d)(2)’’ and in-
serting ‘‘subsection (e)(2)’’; and 
(7) by adding at the end the following new sub-
section: 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE
COMMUNITY.—The term 
‘intelligence community’ has the meaning given that 
term in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003). 
‘‘(2) UNITED
STATES
PERSON.—The term 
‘United States person’ has the meaning given that 
term in section 101 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1801).’’. 
SEC. 109. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by sec-
tions 101 through 103 shall take effect on the date that 
is 180 days after the date of the enactment of this Act. 
(b) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to alter or eliminate the authority of 
the Government to obtain an order under title V of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861 et seq.) as in effect prior to the effective date de-
scribed in subsection (a) during the period ending on such 
effective date. 
SEC. 110. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to authorize 
the production of the contents (as such term is defined 
in section 2510(8) of title 18, United States Code) of any 
electronic communication from an electronic communica-
tion service provider (as such term is defined in section 
701(b)(4) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881(b)(4))) under title V of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et 
seq.). 
TITLE II—FISA PEN REGISTER 
AND TRAP AND TRACE DE-
VICE REFORM 
SEC. 201. PROHIBITION ON BULK COLLECTION. 
(a) PROHIBITION.—Section 402(c) (50 U.S.C. 
1842(c)) is amended— 
(1) in paragraph (1), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph:
‘‘(3) a specific selection term to be used as the 
basis for the use of the pen register or trap and 
trace device.’’. 
(b) DEFINITION.—Section 401 (50 U.S.C. 1841) is 
amended by adding at the end the following new para-
graph: 
‘‘(4)(A) The term ‘specific selection term’— 
‘‘(i) is a term that specifically identifies a 
person, account, address, or personal device, or 
any other specific identifier; and 
‘‘(ii) is used to limit, to the greatest extent 
reasonably practicable, the scope of information 
sought, consistent with the purpose for seeking 
the use of the pen register or trap and trace de-
vice. 
‘‘(B) A specific selection term under subpara-
graph (A) does not include an identifier that does 
not limit, to the greatest extent reasonably prac-
ticable, the scope of information sought, consistent 
with the purpose for seeking the use of the pen reg-
ister or trap and trace device, such as an identifier 
that— 
‘‘(i) identifies an electronic communication 
service provider (as that term is defined in sec-
tion 701) or a provider of remote computing
service (as that term is defined in section 2711 
of title 18, United States Code), when not used 
as part of a specific identifier as described in 
subparagraph (A), unless the provider is itself 
a subject of an authorized investigation for 
which the specific selection term is used as the 
basis for the use; or 
‘‘(ii) identifies a broad geographic region, 
including the United States, a city, a county, a 
State, a zip code, or an area code, when not 
used as part of a specific identifier as described 
in subparagraph (A). 
‘‘(C) For purposes of subparagraph (A), the 
term ‘address’ means a physical address or elec-
tronic address, such as an electronic mail address or 
temporarily assigned network address (including an 
Internet protocol address). 
‘‘(D) Nothing in this paragraph shall be con-
strued to preclude the use of multiple terms or iden-
tifiers to meet the requirements of subparagraph 
(A).’’. 
SEC. 202. PRIVACY PROCEDURES. 
(a) IN GENERAL.—Section 402 (50 U.S.C. 1842) is 
amended by adding at the end the following new sub-
section:
‘‘(h) PRIVACY PROCEDURES.— 
‘‘(1) IN GENERAL.—The Attorney General shall 
ensure that appropriate policies and procedures are 
in place to safeguard nonpublicly available informa-
tion concerning United States persons that is col-
lected through the use of a pen register or trap and 
trace device installed under this section. Such poli-
cies and procedures shall, to the maximum extent 
practicable and consistent with the need to protect 
national security, include privacy protections that 
apply to the collection, retention, and use of infor-
mation concerning United States persons. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection limits the authority of the court es-
tablished under section 103(a) or of the Attorney 
General to impose additional privacy or minimization 
procedures with regard to the installation or use of 
a pen register or trap and trace device.’’. 
(b) EMERGENCY
AUTHORITY.—Section 403 (50 
U.S.C. 1843) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) PRIVACY PROCEDURES.—Information collected 
through the use of a pen register or trap and trace device 
installed under this section shall be subject to the policies 
and procedures required under section 402(h).’’.
TITLE III—FISA ACQUISITIONS 
TARGETING 
PERSONS 
OUT-
SIDE THE UNITED STATES RE-
FORMS 
SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED IN-
FORMATION. 
Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended 
by adding at the end the following new subparagraph: 
‘‘(D) LIMITATION
ON
USE
OF
INFORMA-
TION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), if the Court orders a 
correction of a deficiency in a certification 
or procedures under subparagraph (B), no 
information obtained or evidence derived 
pursuant to the part of the certification or 
procedures that has been identified by the 
Court as deficient concerning any United 
States person shall be received in evidence 
or otherwise disclosed in any trial, hearing, 
or other proceeding in or before any court, 
grand jury, department, office, 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 pursuant to such 
part of such certification or procedures 
shall subsequently be used or disclosed in 
any other manner by Federal officers or 
employees without the consent of the 
United States person, except with the ap-
proval of the Attorney General if the infor-
mation indicates a threat of death or seri-
ous bodily harm to any person. 
‘‘(ii) EXCEPTION.—If the Government 
corrects any deficiency identified by the 
order of the Court under subparagraph 
(B), the Court may permit the use or dis-
closure of information obtained before the 
date of the correction under such mini-
mization procedures as the Court may ap-
prove for purposes of this clause.’’. 
TITLE 
IV—FOREIGN 
INTEL-
LIGENCE 
SURVEILLANCE 
COURT REFORMS 
SEC. 401. APPOINTMENT OF AMICUS CURIAE. 
Section 103 (50 U.S.C. 1803) is amended by adding 
at the end the following new subsections: 
‘‘(i) AMICUS CURIAE.—
‘‘(1) DESIGNATION.—The presiding judges of 
the courts established under subsections (a) and (b) 
shall, not later than 180 days after the enactment 
of this subsection, jointly designate not fewer than 
5 individuals to be eligible to serve as amicus curiae, 
who shall serve pursuant to rules the presiding 
judges may establish. In designating such individ-
uals, the presiding judges may consider individuals 
recommended by any source, including members of 
the Privacy and Civil Liberties Oversight Board, the 
judges determine appropriate. 
‘‘(2) AUTHORIZATION.—A court established 
under subsection (a) or (b), consistent with the re-
quirement of subsection (c) and any other statutory 
requirement that the court act expeditiously or with-
in a stated time— 
‘‘(A) shall appoint an individual who has 
been designated under paragraph (1) to serve 
as amicus curiae to assist such court in the 
consideration of any application for an order or 
review that, in the opinion of the court, pre-
sents a novel or significant interpretation of the 
law, unless the court issues a finding that such 
appointment is not appropriate; and
‘‘(B) may appoint an individual or organi-
zation to serve as amicus curiae, including to 
provide technical expertise, in any instance as 
such court deems appropriate or, upon motion, 
permit an individual or organization leave to 
file an amicus curiae brief. 
‘‘(3) QUALIFICATIONS OF AMICUS CURIAE.— 
‘‘(A) EXPERTISE.—Individuals designated 
under paragraph (1) shall be persons who pos-
sess expertise in privacy and civil liberties, in-
telligence 
collection, 
communications 
tech-
nology, or any other area that may lend legal 
or technical expertise to a court established 
under subsection (a) or (b). 
‘‘(B) SECURITY
CLEARANCE.—Individuals 
designated pursuant to paragraph (1) shall be 
persons who are determined to be eligible for 
access to classified information necessary to 
participate in matters before the courts. Amicus 
curiae appointed by the court pursuant to para-
graph (2) shall be persons who are determined 
to be eligible for access to classified informa-
tion, if such access is necessary to participate 
in the matters in which they may be appointed.
‘‘(4) DUTIES.—If a court established under 
subsection (a) or (b) appoints an amicus curiae 
under paragraph (2)(A), the amicus curiae shall pro-
vide to the court, as appropriate— 
‘‘(A) legal arguments that advance the pro-
tection of individual privacy and civil liberties; 
‘‘(B) information related to intelligence 
collection or communications technology; or 
‘‘(C) legal arguments or information re-
garding any other area relevant to the issue 
presented to the court. 
‘‘(5) ASSISTANCE.—An amicus curiae appointed 
under paragraph (2)(A) may request that the court 
designate or appoint additional amici curiae pursu-
ant to paragraph (1) or paragraph (2), to be avail-
able to assist the amicus curiae. 
‘‘(6) ACCESS TO INFORMATION.— 
‘‘(A) IN GENERAL.—If a court established 
under subsection (a) or (b) appoints an amicus 
curiae under paragraph (2), the amicus cu-
riae— 
‘‘(i) shall have access to any legal 
precedent, application, certification, peti-
tion, motion, or such other materials that
the court determines are relevant to the 
duties of the amicus curiae; and 
‘‘(ii) may, if the court determines that 
it is relevant to the duties of the amicus 
curiae, consult with any other individuals 
designated pursuant to paragraph (1) re-
garding information relevant to any as-
signed proceeding. 
‘‘(B) BRIEFINGS.—The Attorney General 
may periodically brief or provide relevant mate-
rials to individuals designated pursuant to para-
graph (1) regarding constructions and interpre-
tations of this Act and legal, technological, and 
other issues related to actions authorized by 
this Act. 
‘‘(C) CLASSIFIED INFORMATION.—An ami-
cus curiae designated or appointed by the court 
may have access to classified documents, infor-
mation, and other materials or proceedings only 
if that individual is eligible for access to classi-
fied information and to the extent consistent 
with the national security of the United States. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to require the 
Government to provide information to an ami-
cus curiae appointed by the court that is privi-
leged from disclosure. 
‘‘(7) NOTIFICATION.—A presiding judge of a 
court established under subsection (a) or (b) shall 
notify the Attorney General of each exercise of the 
authority to appoint an individual to serve as amicus 
curiae under paragraph (2). 
‘‘(8) ASSISTANCE.—A court established under 
subsection (a) or (b) may request and receive (in-
cluding on a nonreimbursable basis) the assistance 
of the executive branch in the implementation of this 
subsection. 
‘‘(9) ADMINISTRATION.—A court established 
under subsection (a) or (b) may provide for the des-
ignation, appointment, removal, training, or other 
support for an individual designated to serve as ami-
cus curiae under paragraph (1) or appointed to 
serve as amicus curiae under paragraph (2) in a 
manner that is not inconsistent with this subsection. 
‘‘(10) RECEIPT OF INFORMATION.—Nothing in 
this subsection shall limit the ability of a court es-
tablished under subsection (a) or (b) to request or 
receive information or materials from, or otherwise 
communicate with, the Government or amicus curiae 
appointed under paragraph (2) on an ex parte basis,
nor limit any special or heightened obligation in any 
ex parte communication or proceeding. 
‘‘(j) REVIEW
OF FISA COURT DECISIONS.—Fol-
lowing issuance of an order under this Act, a court estab-
lished under subsection (a) shall certify for review to the 
court established under subsection (b) any question of law 
that may affect resolution of the matter in controversy 
that the court determines warrants such review because 
of a need for uniformity or because consideration by the 
court established under subsection (b) would serve the in-
terests of justice. Upon certification of a question of law 
under this subsection, the court established under sub-
section (b) may give binding instructions or require the 
entire record to be sent up for decision of the entire matter 
in controversy. 
‘‘(k) REVIEW OF FISA COURT OF REVIEW DECI-
SIONS.— 
‘‘(1) CERTIFICATION.—For purposes of section 
1254(2) of title 28, United States Code, the court 
of review established under subsection (b) shall be 
considered to be a court of appeals. 
‘‘(2) AMICUS CURIAE BRIEFING.—Upon certifi-
cation of an application under paragraph (1), the 
Supreme Court of the United States may appoint an 
amicus curiae designated under subsection (i)(1), or
any other person, to provide briefing or other assist-
ance.’’. 
SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND 
OPINIONS. 
(a) DECLASSIFICATION.—Title VI (50 U.S.C. 1871 
et seq.) is amended— 
(1) in the heading, by striking ‘‘REPORT-
ING REQUIREMENT’’ and inserting ‘‘OVER-
SIGHT’’; and 
(2) by adding at the end the following new sec-
tion: 
‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 
ORDERS, AND OPINIONS. 
‘‘(a) DECLASSIFICATION
REQUIRED.—Subject to 
subsection (b), the Director of National Intelligence, in 
consultation with the Attorney General, shall conduct a 
declassification review of each decision, order, or opinion 
issued by the Foreign Intelligence Surveillance Court or 
the Foreign Intelligence Surveillance Court of Review (as 
defined in section 601(e)) that includes a significant con-
struction or interpretation of any provision of law, includ-
ing any novel or significant construction or interpretation 
of the term ‘specific selection term’, and, consistent with 
that review, make publicly available to the greatest extent 
practicable each such decision, order, or opinion.
‘‘(b) REDACTED FORM.—The Director of National 
Intelligence, in consultation with the Attorney General, 
may satisfy the requirement under subsection (a) to make 
a decision, order, or opinion described in such subsection 
publicly available to the greatest extent practicable by 
making such decision, order, or opinion publicly available 
in redacted form. 
‘‘(c) NATIONAL SECURITY WAIVER.—The Director of 
National Intelligence, in consultation with the Attorney 
General, may waive the requirement to declassify and 
make publicly available a particular decision, order, or 
opinion under subsection (a), if— 
‘‘(1) the Director of National Intelligence, in 
consultation with the Attorney General, determines 
that a waiver of such requirement is necessary to 
protect the national security of the United States or 
properly classified intelligence sources or methods; 
and 
‘‘(2) the Director of National Intelligence 
makes publicly available an unclassified statement 
prepared by the Attorney General, in consultation 
with the Director of National Intelligence— 
‘‘(A) summarizing the significant construc-
tion or interpretation of any provision of law, 
which shall include, to the extent consistent