USA FREEDOM Act

Bill: 113-hr-3361
Sponsor: full_name: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2013-10-29
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures

Administrative remedies

Bank accounts, deposits, capital

Business records

Civil actions and liability

Congressional oversight

Consumer credit

Criminal investigation, prosecution, interrogation

Criminal justice information and records

Criminal procedure and sentencing

Department of Justice

Diplomacy, foreign officials, Americans abroad

Director of National Intelligence

Espionage and treason

Evidence and witnesses

Government studies and investigations

Intelligence activities, surveillance, classified information

Internet and video services

Internet, web applications, social media

Judicial procedure and administration

Judicial review and appeals

Right of privacy

Specialized courts

Telephone and wireless communication

Terrorism
Latest action: action_date: 2014-06-05
text: Select Committee on Intelligence. Hearings held.

Summaries:
action_date: 2013-10-29
action_desc: Introduced in House
text: <p>Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to set forth additional requirements for obtaining orders for business records in counterterrorism investigations, including requiring that the records sought pertain to a foreign power, an agent of a foreign power, or an individual in contact with, or known to a suspected agent of, a foreign power. Requires additional information if the applicant is seeking a nondisclosure requirement in connection with such request. Allows the Director of the Federal Bureau of Investigation (FBI) to apply for renewals of nondisclosure requirements. Authorizes the Attorney General (AG) to require the production of call data records by the provider of a wire or electronic communication service.</p> <p>Amends the USA PATRIOT Improvements and Reauthorization Act of 2005 to require the Inspector General (IG) of the Department of Justice (DOJ), for 2010 through 2013, to report on an examination of the minimization procedures (procedures designed to minimize the acquisition and retention of information and to prohibit its unauthorized dissemination) used in relation to business records orders.</p> <p>Imposes additional requirements on the authorized use of pen registers and trap and trace devices (devices for recording incoming and outgoing telephone numbers), including that: (1) the information sought must pertain to a foreign power, agent thereof, or individual in contact with or known to such an agent; and (2) the application must contain a statement of proposed minimization procedures. Requires audits of the effectiveness and use of such devices.</p> <p>Prohibits the searching of collections of communications of U.S. persons, except: (1) under an order or authorization for electronic surveillance or physical search, (2) with the consent of such person, or (3) under a reasonable belief that the life or safety of the person is threatened and the information is sought to assist that person.</p> <p>Limits the collection of wholly domestic communications of a U.S. person to those communications: (1) to which any party is a target of the acquisition; or (2) that contain an identifier of a target of an acquisition, only if the communications are acquired to protect against international terrorism or the proliferation of weapons of mass destruction.</p> <p>Prohibits receiving into evidence any information obtained in an acquisition against any U.S. person for which a deficiency in the procedures for acquiring such information is identified by the Foreign Intelligence Surveillance Court (FISA Court). Authorizes the FISA Court, if the government corrects any deficiencies so identified, to permit the use or disclosure of information acquired before the correction under such minimization procedures as the FISA Court shall establish.</p> <p>Repeals on June 1, 2015, FISA procedures regarding the targeting of non-U.S. persons located outside the United States in order to acquire foreign intelligence information. Requires reviews of surveillance targeting and minimization procedures by the IG of the Intelligence Community (IC), including mandatory review with respect to the privacy rights of U.S. persons.</p> <p>Establishes within the judicial branch an Office of the Special Advocate to participate in proceedings before the FISA Court and the Foreign Intelligence Surveillance Court of Review, request reconsiderations of FISA Court decisions, and participate in appeals and reviews. Requires the Special Advocate to vigorously advocate in support of legal interpretations that protect individual privacy and civil liberties. Requires the Attorney General to publicly disclose specified information in connection with FISA Court or FISA Court of Review decisions appealed by the Special Advocate. Requires the release of as much information regarding the facts and analysis in such decisions as is consistent with legitimate national security concerns.</p> <p>Authorizes the FBI Director to request from a communication service provider the name, address, length of service, and local and long distance billing records of a person as part of a national security investigation only if there are reasonable grounds to believe that the information sought pertains to a foreign power, an agent of a foreign power, or an individual in contact with, or known to a suspected agent of, a foreign power. Provides similar requirements with respect to an FBI request for information from financial institutions and consumer reporting agencies. Revises provisions prohibiting the disclosure of the receipt of a national security letter by such providers, institutions, and agencies to except disclosure to: (1) those persons to whom disclosure is necessary to comply with the request, (2) an attorney in order to obtain legal advice or assistance regarding the request, or (3) other persons as permitted by the FBI. Includes under such prohibition (with the same exceptions) national security letters issued in connection with the investigation of persons with access to classified information. Allows affected communications providers, financial institutions, and consumer reporting agencies to seek judicial review of requests for information. Requires the DOJ IG to report results of audits of national security letters issued during 2010 through 2013.</p> <p>Amends provisions of FISA, the Right to Financial Privacy Act of 1978, the National Security Act of 1947, and the Fair Credit Reporting Act (FCRA) concerning national security letters to, effective June 1, 2015, make such provisions read as they read on October 25, 2001.</p> <p>Allows electronic service providers to publicly report on information provided under FISA orders and national security letters. Exempts such providers from liability with respect to such reports. Revises requirements concerning government reporting on the use of FISA orders and national security letters.</p> <p>Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to remove the AG as a required intermediary for subpoenas in connection with authorized activities of the Privacy and Civil Liberties Oversight Board.</p>

action_date: 2014-05-15
action_desc: Reported to House amended, Part I
text: <p>USA FREEDOM Act - <b>Title I: FISA Business Records Reforms</b> - (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new process to be followed when the Federal Bureau of Investigation (FBI) submits an application to a FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. </p> <p>Requires the FBI to include in such tangible thing applications a specific selection term to be used as the basis for such production. </p> <p>Defines &quot;specific selection term&quot; as a term used to uniquely describe a person, entity, or account. </p> <p>Requires the FBI, in tangible thing applications seeking the production of call detail records created on or after the date of the application, to include a statement of facts showing: (1) reasonable grounds to believe that the call detail records sought to be produced based on such specific selection term are relevant to an authorized investigation to protect against international terrorism; and (2) facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power. </p> <p>Defines &quot;call detail record&quot; as session identifying information (including an originating or terminating telephone number, an International Mobile Subscriber Identity number, or an International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call. Excludes from such definition: (1) the contents of any communication; (2) the name, address, or financial information of a subscriber or customer; or (3) cell site location information. </p> <p>Requires a judge approving the release of such call detail records to limit such production to a period not to exceed 180 days. Allows such orders to be extended upon application with judicial approval. </p> <p>Allows the government, pursuant to a FISA court order approving the production of call detail records, to require the production of call detail records using: (1) a specific selection term that satisfies the reasonable, articulable suspicion standard that the term is associated with a foreign power or an agent of a foreign power; and (2) the results of the initial production from such term as the basis for a subsequent production. (Thus, allows the government to obtain what is commonly referred to as two &quot;hops&quot; of call records.) </p> <p>Requires the court to order the government to destroy all produced call detail records within five years after the production. Provides an exception for records that are relevant to an authorized investigation conducted under FISA to protect against international terrorism. </p> <p>(Sec. 102) Authorizes the Attorney General to require the emergency production of tangible things, without first obtaining a court order, if the Attorney General: (1) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing production can be obtained with due diligence, (2) reasonably determines that a factual basis exists for the issuance of such a production order, (3) informs a FISA judge of the decision to require such production at the time the emergency decision is made, and (4) makes an application to a FISA judge within seven days after the Attorney General requires such emergency production. </p> <p>Terminates the authority for such emergency production of tangible things when the information sought is obtained, when the application for the order is denied, or after the expiration of seven days from the time the Attorney General begins requiring such emergency production, whichever is earliest. </p> <p>Prohibits information obtained or evidence derived from such an emergency production from being received in evidence or disclosed in any 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 if: (1) the subsequent application for court approval is denied, or (2) the production is terminated and no order is issued approving the production. Bars information concerning any U.S. person acquired from such production from being used or disclosed in any other manner by federal officers or employees without the consent of such person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm. </p> <p>(Sec. 103) Requires FISA court orders approving the production of tangible things to include each specific selection term used as the basis for such production. </p> <p>Prohibits FISA courts from authorizing the collection of tangible things without the use of a specific selection term. </p> <p>(Sec. 104) Requires a FISA court, as a condition to approving an application for a tangible thing production order, to find that the minimization procedures submitted with the application meet existing FISA standards. </p> <p>(Sec. 105) Extends liability protections to persons required to provide information, facilities, or technical assistance for the production of tangible things. (Currently, liability protections are limited to persons who produce such tangible things.) </p> <p>(Sec. 106) Requires the government to compensate persons who, in response to an order or the Attorney General's emergency authority, produce tangible things or provide information, facilities, or assistance for such production. </p> <p>(Sec. 108) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to require the Inspector General of the Department of Justice (DOJ) to audit the effectiveness and use of FISA authority to obtain production of tangible things from 2012 to 2014, including an examination of whether minimization procedures adopted by the Attorney General adequately protect the constitutional rights of U.S. persons. Directs the Inspector General of the Intelligence Community, for the same 2012-2014 period, to assess: (1) the importance of such information to the intelligence community; (2) the manner in which such information was collected, retained, analyzed, and disseminated; and (3) the adequacy of minimization procedures, including an assessment of any minimization procedures proposed by an element of the intelligence community that were modified or denied by the court. </p> <p>Requires such Inspectors General to report to Congress regarding the results of such audit and assessment. </p> <p><b>Title II: FISA Pen Register and Trap and Trace Device Reform </b>- (Sec. 201) Requires the government's FISA applications for orders approving pen registers or trap and trace devices to include a specific selection term as the basis for selecting the telephone line or other facility to which the register or device is to be attached or applied. </p> <p>(Sec. 202) Requires a statement of proposed minimization procedures to be included in such pen register or trap and trace device applications. </p> <p>Authorizes a FISA court, at or before the end of a period for which the installation and use of a pen register or trap and trace device is approved by the court, to assess compliance with minimization procedures by reviewing the circumstances under which information concerning U.S. persons was retained or disseminated. </p> <p><b>Title III: FISA Acquisitions Targeting Persons Outside the United States Reforms</b> - (Sec. 301) Revises FISA procedures under which the Attorney General and the Director of National Intelligence (DNI) may authorize the targeting of persons reasonably believed to be located outside the United States for the acquisition of foreign intelligence information to specify that the intentional targeting of such a person reasonably believed to be located outside the United States is prohibited if a purpose (currently, &quot;the&quot; purpose) of such acquisition is to target a particular, known person reasonably believed to be in the United States (commonly referred to as a prohibition on &quot;reverse targeting&quot;). </p> <p>(Sec. 302) Requires the Attorney General's minimization procedures for such targeting to: (1) minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States; and (2) prohibit the use of any discrete, non-target communication to or from a U.S. person or a person who appears to be located in the United States, except to protect against an immediate threat to human life. </p> <p>(Sec. 303) Prohibits information obtained or evidence derived from an acquisition pursuant to a certification for targeting (provided to the FISA court by the Attorney General and DNI) or targeting or minimization procedures subject to an order concerning a U.S. person from being received in evidence or otherwise disclosed in any 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. Prohibits information concerning any U.S. person so acquired from being used or disclosed subsequently in any other manner by federal officers or employees without the consent of the U.S. person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm. </p> <p><b>Title IV: Foreign Intelligence Surveillance Court Reforms</b> - (Sec. 401) Requires the FISA court and the FISA court of review to appoint an individual to serve as amicus curiae to assist in the consideration of any application for an order or a review that presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate. </p> <p>Permits appointment of amicus curiae in any other instance as such courts deem appropriate. </p> <p>Directs the presiding judges of such courts to jointly designate at least five individuals to be eligible to serve as amicus curiae. Requires such judges to notify the Attorney General of each appointment. </p> <p>(Sec. 402) Requires the Attorney General to: (1) conduct a declassification review of each decision, order, or opinion issued by the FISA court or the FISA court of review that includes a significant construction or interpretation of any FISA provision; and (2) make such decisions, orders, or opinions publicly available to the greatest extent practicable, subject to permissible redactions. </p> <p>Authorizes the Attorney General to waive such review and public availability requirements if: (1) a waiver is necessary to protect the national security of the United States or properly classified intelligence sources or methods, and (2) an unclassified summary is made publicly available. </p> <p><b>Title V: National Security Letter Reform</b> - (Sec. 501) Amends the federal criminal code, the Right to Financial Privacy Act of 1978, and the Fair Credit Reporting Act to require the use of a specific selection term as the basis for requests (commonly referred to as &quot;national security letters&quot;) that: (1) the FBI makes to wire or electronic communication service providers for telephone toll and transactional records, as well as to consumer reporting agencies for information regarding the financial institutions at which consumers maintain accounts; and (2) other government authorities make to financial institutions for financial records and to consumer reporting agencies for consumer reports. </p> <p><b>Title VI: FISA Transparency and Reporting Requirements</b> - (Sec. 601) Requires the Attorney General to expand an annual report to Congress to include the total number of: (1) applications made for call detail records created on or after the date of application, and (2) orders approving such requests. </p> <p>(Sec. 602) Requires the Attorney General to include in specified annual and semiannual reports to Congress any compliance reviews conducted by the federal government regarding the production of tangible things, electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, or acquisitions under FISA. </p> <p>(Sec. 603) Directs the Administrative Office of the U.S. Courts to submit annually to Congress, and make available publicly on an Internet website, the number of: (1) FISA orders entered, modified, or denied under specified FISA authorities; and (2) appointments of an individual to serve as amicus curiae for FISA courts, including the name of each appointed individual. </p> <p> (Sec. 604) Permits a person who is subject to FISA orders or who receives national security letters to choose one of three methods to report publicly, on a semiannual basis, the aggregate number of orders or directives with which the person was required to comply in the preceding six months. Specifies the categories of orders and letters to be itemized, the details to be included with respect to content orders and the number of accounts affected, and the ranges within which the number of orders or letters received may be reported in bands under each permitted method (i.e., reported in bands of 1000, 500, or 250 depending on the chosen method). </p> <p>(Sec. 605) Expands the categories of FISA court decisions, orders, or opinions that the Attorney General is required to submit to Congress within 45 days after issuance of the decision to include: (1) a denial or modification of a request for an order, and (2) a change of the application, or a new application, of any FISA provision. (Currently, the Attorney General is only required to submit decisions regarding a significant construction or interpretation of any FISA provision.) </p> <p>Requires such submissions to include a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered. </p> <p>(Sec. 606) Revises reporting requirements regarding electronic surveillance, physical searches, and tangible things to include the House Judiciary Committee as a recipient of such reports. </p> <p>Requires the Attorney General to identify in an existing semiannual report each agency on behalf of which the government has applied for orders approving the use of pen registers or trap and trace devices under FISA.</p> <p> <b>Title VII: Sunsets</b> - (Sec. 701) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend until December 31, 2017, (thereby aligning the expiration date of the following provisions with the expiration date of provisions under the FISA Amendments Act of 2008) specified authority concerning: (1) the production of business records and other tangible things, (2) roving electronic surveillance orders, and (3) a revised definition of &quot;agent of a foreign power&quot; to include any non-U.S. person who engages in international terrorism or preparatory activities (commonly referred to as the &quot;lone wolf&quot; provision). (Currently, such provisions are scheduled to expire on June 1, 2015.) </p>

action_date: 2014-05-15
action_desc: Reported to House amended, Part II
text: <p>USA FREEDOM Act - <b>Title I: FISA Business Records Reforms</b> - (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new process to be followed when the Federal Bureau of Investigation (FBI) submits an application to a FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. </p> <p>Requires the FBI to include in such tangible thing applications a specific selection term to be used as the basis for such production. </p> <p>Defines &quot;specific selection term&quot; as a term used to uniquely describe a person, entity, or account. </p> <p>Requires the FBI, in tangible thing applications seeking the production of call detail records created on or after the date of the application, to include a statement of facts showing: (1) reasonable grounds to believe that the call detail records sought to be produced based on such specific selection term are relevant to an authorized investigation to protect against international terrorism; and (2) facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power. </p> <p>Defines &quot;call detail record&quot; as session identifying information (including an originating or terminating telephone number, an International Mobile Subscriber Identity number, or an International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call. Excludes from such definition: (1) the contents of any communication; (2) the name, address, or financial information of a subscriber or customer; or (3) cell site location information. </p> <p>Requires a judge approving the release of such call detail records to limit such production to a period not to exceed 180 days. Allows such orders to be extended upon application with judicial approval. </p> <p>Allows the government, pursuant to a FISA court order approving the production of call detail records, to require the production of call detail records using: (1) a specific selection term that satisfies the reasonable, articulable suspicion standard that the term is associated with a foreign power or an agent of a foreign power; and (2) the results of the initial production from such term as the basis for a subsequent production. (Thus, allows the government to obtain what is commonly referred to as two &quot;hops&quot; of call records.) </p> <p>Requires the court to order the government to destroy all produced call detail records within five years after the production. Provides an exception for records that are relevant to an authorized investigation conducted under FISA to protect against international terrorism. </p> <p>(Sec. 102) Authorizes the Attorney General to require the emergency production of tangible things, without first obtaining a court order, if the Attorney General: (1) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing production can be obtained with due diligence, (2) reasonably determines that a factual basis exists for the issuance of such a production order, (3) informs a FISA judge of the decision to require such production at the time the emergency decision is made, and (4) makes an application to a FISA judge within seven days after the Attorney General requires such emergency production. </p> <p>Terminates the authority for such emergency production of tangible things when the information sought is obtained, when the application for the order is denied, or after the expiration of seven days from the time the Attorney General begins requiring such emergency production, whichever is earliest. </p> <p>Prohibits information obtained or evidence derived from such an emergency production from being received in evidence or disclosed in any 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 if: (1) the subsequent application for court approval is denied, or (2) the production is terminated and no order is issued approving the production. Bars information concerning any U.S. person acquired from such production from being used or disclosed in any other manner by federal officers or employees without the consent of such person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm. </p> <p>(Sec. 103) Requires FISA court orders approving the production of tangible things to include each specific selection term used as the basis for such production. </p> <p>Prohibits FISA courts from authorizing the collection of tangible things without the use of a specific selection term. </p> <p>(Sec. 104) Requires a FISA court, as a condition to approving an application for a tangible thing production order, to find that the minimization procedures submitted with the application meet existing FISA standards. </p> <p>(Sec. 105) Extends liability protections to persons required to provide information, facilities, or technical assistance for the production of tangible things. (Currently, liability protections are limited to persons who produce such tangible things.) </p> <p>(Sec. 106) Requires the government to compensate persons who, in response to an order or the Attorney General's emergency authority, produce tangible things or provide information, facilities, or assistance for such production. </p> <p>(Sec. 108) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to require the Inspector General of the Department of Justice (DOJ) to audit the effectiveness and use of FISA authority to obtain production of tangible things from 2012 to 2014, including an examination of whether minimization procedures adopted by the Attorney General adequately protect the constitutional rights of U.S. persons. Directs the Inspector General of the Intelligence Community, for the same 2012-2014 period, to assess: (1) the importance of such information to the intelligence community; (2) the manner in which such information was collected, retained, analyzed, and disseminated; and (3) the adequacy of minimization procedures, including an assessment of any minimization procedures proposed by an element of the intelligence community that were modified or denied by the court. </p> <p>Requires such Inspectors General to report to Congress regarding the results of such audit and assessment. </p> <p><b>Title II: FISA Pen Register and Trap and Trace Device Reform </b>- (Sec. 201) Requires the government's FISA applications for orders approving pen registers or trap and trace devices to include a specific selection term as the basis for selecting the telephone line or other facility to which the register or device is to be attached or applied. </p> <p>(Sec. 202) Requires a statement of proposed minimization procedures to be included in such pen register or trap and trace device applications. </p> <p>Authorizes a FISA court, at or before the end of a period for which the installation and use of a pen register or trap and trace device is approved by the court, to assess compliance with minimization procedures by reviewing the circumstances under which information concerning U.S. persons was retained or disseminated. </p> <p><b>Title III: FISA Acquisitions Targeting Persons Outside the United States Reforms</b> - (Sec. 301) Revises FISA procedures under which the Attorney General and the Director of National Intelligence (DNI) may authorize the targeting of persons reasonably believed to be located outside the United States for the acquisition of foreign intelligence information to specify that the intentional targeting of such a person reasonably believed to be located outside the United States is prohibited if a purpose (currently, &quot;the&quot; purpose) of such acquisition is to target a particular, known person reasonably believed to be in the United States (commonly referred to as a prohibition on &quot;reverse targeting&quot;). </p> <p>(Sec. 302) Requires the Attorney General's minimization procedures for such targeting to: (1) minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States; and (2) prohibit the use of any discrete, non-target communication to or from a U.S. person or a person who appears to be located in the United States, except to protect against an immediate threat to human life. </p> <p>(Sec. 303) Prohibits information obtained or evidence derived from an acquisition pursuant to a certification for targeting (provided to the FISA court by the Attorney General and DNI) or targeting or minimization procedures subject to an order concerning a U.S. person from being received in evidence or otherwise disclosed in any 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. Prohibits information concerning any U.S. person so acquired from being used or disclosed subsequently in any other manner by federal officers or employees without the consent of the U.S. person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm. </p> <p><b>Title IV: Foreign Intelligence Surveillance Court Reforms</b> - (Sec. 401) Requires the FISA court and the FISA court of review to appoint an individual to serve as amicus curiae to assist in the consideration of any application for an order or a review that presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate. </p> <p>Permits appointment of amicus curiae in any other instance as such courts deem appropriate. </p> <p>Directs the presiding judges of such courts to jointly designate at least five individuals to be eligible to serve as amicus curiae. Requires such judges to notify the Attorney General of each appointment. </p> <p>(Sec. 402) Requires the Attorney General to: (1) conduct a declassification review of each decision, order, or opinion issued by the FISA court or the FISA court of review that includes a significant construction or interpretation of any FISA provision; and (2) make such decisions, orders, or opinions publicly available to the greatest extent practicable, subject to permissible redactions. </p> <p>Authorizes the Attorney General to waive such review and public availability requirements if: (1) a waiver is necessary to protect the national security of the United States or properly classified intelligence sources or methods, and (2) an unclassified summary is made publicly available. </p> <p><b>Title V: National Security Letter Reform</b> - (Sec. 501) Amends the federal criminal code, the Right to Financial Privacy Act of 1978, and the Fair Credit Reporting Act to require the use of a specific selection term as the basis for requests (commonly referred to as &quot;national security letters&quot;) that: (1) the FBI makes to wire or electronic communication service providers for telephone toll and transactional records, as well as to consumer reporting agencies for information regarding the financial institutions at which consumers maintain accounts; and (2) other government authorities make to financial institutions for financial records and to consumer reporting agencies for consumer reports. </p> <p><b>Title VI: FISA Transparency and Reporting Requirements</b> - (Sec. 601) Requires the Attorney General to expand an annual report to Congress to include the total number of: (1) applications made for call detail records created on or after the date of application, and (2) orders approving such requests. </p> <p>(Sec. 602) Requires the Attorney General to include in specified annual and semiannual reports to Congress any compliance reviews conducted by the federal government regarding the production of tangible things, electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, or acquisitions under FISA. </p> <p>(Sec. 603) Directs the Administrative Office of the U.S. Courts to submit annually to Congress, and make available publicly on an Internet website, the number of: (1) FISA orders entered, modified, or denied under specified FISA authorities; and (2) appointments of an individual to serve as amicus curiae for FISA courts, including the name of each appointed individual. </p> <p> (Sec. 604) Permits a person who is subject to FISA orders or who receives national security letters to choose one of three methods to report publicly, on a semiannual basis, the aggregate number of orders or directives with which the person was required to comply in the preceding six months. Specifies the categories of orders and letters to be itemized, the details to be included with respect to content orders and the number of accounts affected, and the ranges within which the number of orders or letters received may be reported in bands under each permitted method (i.e., reported in bands of 1000, 500, or 250 depending on the chosen method). </p> <p>(Sec. 605) Expands the categories of FISA court decisions, orders, or opinions that the Attorney General is required to submit to Congress within 45 days after issuance of the decision to include: (1) a denial or modification of a request for an order, and (2) a change of the application, or a new application, of any FISA provision. (Currently, the Attorney General is only required to submit decisions regarding a significant construction or interpretation of any FISA provision.) </p> <p>Requires such submissions to include a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered. </p> <p>(Sec. 606) Revises reporting requirements regarding electronic surveillance, physical searches, and tangible things to include the House Judiciary Committee as a recipient of such reports. </p> <p>Requires the Attorney General to identify in an existing semiannual report each agency on behalf of which the government has applied for orders approving the use of pen registers or trap and trace devices under FISA.</p> <p> <b>Title VII: Sunsets</b> - (Sec. 701) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend until December 31, 2017, (thereby aligning the expiration date of the following provisions with the expiration date of provisions under the FISA Amendments Act of 2008) specified authority concerning: (1) the production of business records and other tangible things, (2) roving electronic surveillance orders, and (3) a revised definition of &quot;agent of a foreign power&quot; to include any non-U.S. person who engages in international terrorism or preparatory activities (commonly referred to as the &quot;lone wolf&quot; provision). (Currently, such provisions are scheduled to expire on June 1, 2015.) </p>

action_date: 2014-05-22
action_desc: Passed House amended
text: <p>USA FREEDOM Act - <b>Title I: FISA Business Records Reforms</b> - (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new process to be followed when the Federal Bureau of Investigation (FBI) submits an application to a FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. </p> <p>Requires the FBI to include in such tangible thing applications a specific selection term to be used as the basis for such production.</p> <p>Defines &quot;specific selection term&quot; as a discrete term (such as a term specifically identifying a person, entity, account, address, or device) used by the government to limit the scope of the information or tangible things sought pursuant to the statute authorizing the provision of such information or tangible things to the government.</p> <p>Provides for applications seeking the production of call detail records to be considered under revised FISA requirements for the production of tangible things. </p> <p>Defines &quot;call detail record&quot; as session identifying information (including an originating or terminating telephone number, an International Mobile Subscriber Identity number, or an International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call. Excludes from such definition: (1) the contents of any communication; (2) the name, address, or financial information of a subscriber or customer; or (3) cell site location information. </p> <p>Establishes two separate frameworks for the production of such call detail records with different standards that apply based on whether the application seeks: (1) production on a daily basis of call detail records created before, on, or after the date of the application relating to an authorized investigation to protect against international terrorism; or (2) production of call detail records in any other manner under revised FISA requirements for the production of all other tangible things.</p> <p>Requires the FBI, in applications seeking the production on a daily basis of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism, to include a statement of facts showing: (1) reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term are relevant to such investigation; and (2) facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power. </p> <p>Requires a judge approving the release, on a daily basis, of call detail records created before, on, or after the date of application relating to an authorized investigation to protect against international terrorism to:</p> <ul> <li> limit such production to a period not to exceed 180 days, but allow such orders to be extended upon application with judicial approval; </li> <li>permit the government to require the prompt production of such records using: (1) a specific selection term that satisfies the reasonable, articulable suspicion standard that the term is associated with a foreign power or an agent of a foreign power; and (2) call detail records with a direct connection to such specific selection term as the basis for production of a second set of call detail records (thus limiting the government to what is commonly referred to as two &quot;hops&quot; of call records when the order concerns production on a daily basis of call detail records created before, on, or after the date of the application relating to an authorized investigation to protect against international terrorism); and </li> <li> direct the government to: (1) adopt minimization procedures requiring prompt destruction of such call records that the government determines are not foreign intelligence information, and (2) destroy all call detail records produced under the order as prescribed by such procedures. </li> </ul> <p>Requires applications and orders under FISA for production of call detail records in any other manner (other than in the manner required for a daily production of such records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism) to be considered under the standards applicable to all other applications and orders for the production of tangible things. (Thus, requires a specific selection term but does not subject the production to the additional requirements--including the reasonable, articulable suspicion standard regarding an association with a foreign power or an agent of a foreign power, the 180-day period limitation, the two-hop limitation, and the prompt destruction requirements for records that are not foreign intelligence information--that are applicable only to the daily production of call detail records created before, on, or after the date of the application relating to an authorized investigation to protect against international terrorism.)</p> <p>(Sec. 102) Authorizes the Attorney General to require the emergency production of tangible things, without first obtaining a court order, if the Attorney General: (1) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing production can be obtained with due diligence, (2) reasonably determines that a factual basis exists for the issuance of such a production order, (3) informs a FISA judge of the decision to require such production at the time the emergency decision is made, and (4) makes an application to a FISA judge within seven days after the Attorney General requires such emergency production. </p> <p>Terminates the authority for such emergency production of tangible things when the information sought is obtained, when the application for the order is denied, or after the expiration of seven days from the time the Attorney General begins requiring such emergency production, whichever is earliest. </p> <p>Prohibits information obtained or evidence derived from such an emergency production from being received in evidence or disclosed in any 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 if: (1) the subsequent application for court approval is denied, or (2) the production is terminated and no order is issued approving the production. Bars information concerning any U.S. person acquired from such production from being used or disclosed in any other manner by federal officers or employees without the consent of such person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm. </p> <p>(Sec. 103) Requires FISA court orders approving the production of tangible things to include each specific selection term used as the basis for such production. </p> <p>Prohibits FISA courts from authorizing the collection of tangible things without the use of a specific selection term. </p> <p>(Sec. 104) Requires a FISA court, as a condition to approving an application for a tangible thing production order, to find that the minimization procedures submitted with the application meet applicable FISA standards. </p> <p>(Sec. 105) Extends liability protections to: (1) persons required to provide information, facilities, or technical assistance for the production of tangible things; and (2) persons who provide technical assistance to the government for such production or to implement amendments made by this Act to FISA's requirements for such production. (Currently, liability protections are limited to persons who produce such tangible things.) </p> <p>(Sec. 106) Requires the government to compensate a person for reasonable expenses incurred for: (1) producing tangible things or providing information, facilities, or assistance in accordance with an order issued for the production of daily-basis call detail records created before, on, or after the date of the application or an emergency production that requires an application for such daily-basis call records; or (2) providing such technical assistance to the government or to implement the tangible thing production amendments of this Act. </p> <p>(Sec. 108) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to require the Inspector General of the Department of Justice (DOJ) to audit the effectiveness and use of FISA authority to obtain production of tangible things from 2012 to 2014, including an examination of whether minimization procedures adopted by the Attorney General adequately protect the constitutional rights of U.S. persons. Directs the Inspector General of the Intelligence Community, for the same 2012-2014 period, to assess: (1) the importance of such information to the intelligence community; (2) the manner in which such information was collected, retained, analyzed, and disseminated; and (3) the adequacy of minimization procedures, including an assessment of any minimization procedures proposed by an element of the intelligence community that were modified or denied by the court. </p> <p>Requires such Inspectors General to report to Congress regarding the results of such audit and assessment. </p> <p>(Sec. 109) Requires amendments made by this Act to FISA's tangible thing requirements to take effect 180 days after enactment of this Act.</p> <p>Prohibits this Act from being construed to alter or eliminate the government's authority to obtain an order under the tangible things requirements of FISA as in effect prior to the effective date of such amendments during the period ending on such effective date.</p> <p>(Sec. 110) Prohibits this Act from being construed to authorize the production of the contents of any electronic communication from an electronic communication service provider under such tangible thing requirements.</p> <p><b>Title II: FISA Pen Register and Trap and Trace Device Reform </b>- (Sec. 201) Requires the government's FISA applications for orders approving pen registers or trap and trace devices to include a specific selection term as the basis for selecting the telephone line or other facility to which the register or device is to be attached or applied. </p> <p>(Sec. 202) Directs the Attorney General to ensure that appropriate procedures are in place to safeguard nonpublicly available information concerning U.S. persons that is collected through the use of a pen register or trap and trace device installed with FISA court approval. Requires such procedures to include protections for the collection, retention, and use of information concerning U.S. persons.</p> <p>Requires information collected through the use of a pen register or trap and trace device that the Attorney General authorizes on an emergency basis to be subject to the same procedural safeguards.</p> <p><b>Title III: FISA Acquisitions Targeting Persons Outside the United States Reforms</b> - (Sec. 301) Requires the Attorney General's minimization procedures for the targeting of persons outside the United States (other than U.S. persons) that is authorized by the Attorney General and the Director of National Intelligence (DNI) to: (1) minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States at the time of acquisition, consistent with the U.S. need to obtain, produce, and disseminate foreign intelligence information; and (2) prohibit the use of any discrete communication that is not to, from, or about the target of an acquisition and is to or from an identifiable U.S. person or a person reasonably believed to be located in the United States, except to protect against an immediate threat to human life. </p> <p>(Sec. 302) Requires, to the extent the FISA court orders a correction of a certification or minimization procedures provided to the court by the Attorney General and DNI for such targeting, that no information obtained or evidence derived from an acquisition pursuant to the deficient part of the certification or procedures concerning a U.S. person be received in evidence or otherwise disclosed in any 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. Prohibits information concerning any U.S. person acquired pursuant to such part of such certification from being used or disclosed subsequently in any other manner by federal officers or employees without the consent of the U.S. person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm.</p> <p><b>Title IV: Foreign Intelligence Surveillance Court Reforms</b> - (Sec. 401) Requires the FISA court and the FISA court of review to appoint an individual to serve as amicus curiae to assist in the consideration of any application for an order or a review that presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate. </p> <p>Permits appointment of amicus curiae in any other instance as such courts deem appropriate. </p> <p>Directs the presiding judges of such courts to jointly designate at least five individuals to be eligible to serve as amicus curiae. Requires such judges to notify the Attorney General of each appointment. </p> <p>(Sec. 402) Requires the DNI to: (1) conduct a declassification review of each decision, order, or opinion issued by the FISA court or the FISA court of review that includes a significant construction or interpretation of any FISA provision, including a construction or interpretation of &quot;specific selection term&quot; as defined in this Act; and (2) make such decisions, orders, or opinions publicly available to the greatest extent practicable, subject to permissible redactions. </p> <p>Authorizes the DNI to waive such review and public availability requirements if: (1) a waiver is necessary to protect the national security of the United States or properly classified intelligence sources or methods, and (2) an unclassified statement prepared by the Attorney General is made publicly available to summarize the significant construction or interpretation of the FISA provision. </p> <p><b>Title V: National Security Letter Reform</b> - (Sec. 501) Amends the federal criminal code, the Right to Financial Privacy Act of 1978, and the Fair Credit Reporting Act to require the use of a specific selection term as the basis for requests (commonly referred to as &quot;national security letters&quot;) that: (1) the FBI makes to wire or electronic communication service providers for telephone toll and transactional records, as well as to consumer reporting agencies for information regarding the financial institutions at which consumers maintain accounts; and (2) other government authorities make to financial institutions for financial records and to consumer reporting agencies for consumer reports. </p> <p><b>Title VI: FISA Transparency and Reporting Requirements</b> - (Sec. 601) Requires the Attorney General to expand an annual report to Congress regarding tangible thing applications to include the total number of: (1) applications made for the daily production of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism; and (2) orders approving such requests. </p> <p>(Sec. 602) Requires the Attorney General to include in such reports a summary of all compliance reviews conducted by the federal government regarding the production of tangible things. </p> <p>(Sec. 603) Directs the Administrative Office of the U.S. Courts to submit annually to Congress, and make available publicly on an Internet website, the number of: (1) FISA orders entered, modified, or denied under specified FISA authorities; and (2) appointments of an individual to serve as amicus curiae for FISA courts, including the name of each appointed individual. Makes the Internet availability of such information subject to a declassification review by the Attorney General and DNI.</p> <p>Directs the DNI to make available publicly a report that identifies, for the preceding 12-month period, the total number of: (1) FISA court orders issued for electronic surveillance, physical searches, the targeting of persons outside the United States, pen registers and trap and trace devices, call detail records, and other tangible things; and (2) national security letters issued. Requires such reports to include the estimated number of targets affected by each order and the number requests for information contained within such national security letters.</p> <p>(Sec. 604) Permits a person who is subject to FISA orders or who receives national security letters to choose one of three methods to report publicly, on a semiannual basis, the aggregate number of orders or directives with which the person was required to comply in the preceding six months. Specifies the categories of orders and letters to be itemized, the details authorized to be included with respect to content orders and the number of customer accounts affected, and the ranges within which the number of orders or letters received may be reported aggregately in bands under each permitted method (i.e., reported in bands of 1000, 500, or 250 depending on the chosen method).</p> <p>Delays the time periods within which persons may make such disclosures by requiring that certain semiannual reports only include information for: (1) the period ending at least 180 days before the publication of such report; and (2) the period ending at least two years before the publication of such report when the information is with respect to a platform, product, or service for which a person did not previously receive such an order or letter. </p> <p>Prohibits such structured reporting methods from being construed to prohibit the government and any person from jointly agreeing to the publication of such information in a time, form, or manner other than as described in this section.</p> <p>(Sec. 605) Expands the categories of FISA court decisions, orders, or opinions that the Attorney General is required to submit to Congress within 45 days after issuance of the decision to include: (1) a denial or modification of an application under FISA; and (2) a change of the application, or a new application, of any FISA provision. (Currently, the Attorney General is only required to submit decisions regarding a significant construction or interpretation of any FISA provision.) </p> <p>(Sec. 606) Revises reporting requirements regarding electronic surveillance, physical searches, and tangible things to include the House Judiciary Committee as a recipient of such reports. </p> <p>Requires the Attorney General to identify in an existing semiannual report each agency on behalf of which the government has applied for orders approving the use of pen registers or trap and trace devices under FISA.</p> <p> <b>Title VII: Sunsets</b> - (Sec. 701) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend until December 31, 2017 (thereby aligning the expiration date of the following provisions with the expiration date of provisions under the FISA Amendments Act of 2008), specified authority concerning: (1) the production of business records and other tangible things, (2) roving electronic surveillance orders, and (3) a revised definition of &quot;agent of a foreign power&quot; to include any non-U.S. person who engages in international terrorism or preparatory activities (commonly referred to as the &quot;lone wolf&quot; provision). (Currently, such provisions are scheduled to expire on June 1, 2015.) </p>

tv_txt: I 113th CONGRESS 1st Session H. R. 3361 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 Mississippi , Ms. DelBene , Mr. Rohrabacher , Mr. Mica , Mr. Young of Alaska , Mr. Petri , Mr. Sanford , Mr. Welch , Mr. Grayson , Mr. Duncan 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. Johnson 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. Blumenauer , Mr. Schweikert , and Mr. Fitzpatrick ) introduced the following 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 A BILL To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.

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 Online 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 communications 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. 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. I FISA business records reforms 101. Privacy protections for business records orders (a) Privacy protections (1) In general Section 501(b) of the Foreign 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 subparagraphs (A) and (B) and inserting the following new subparagraphs: (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 accordance with subsection (a)(2) to— (I) obtain foreign intelligence information not concerning a United States person; or (II) protect against international terrorism or clandestine intelligence 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 investigation; 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 (C) by adding at the end the following paragraph: (3) if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include— (A) the time period during which the Government believes the nondisclosure requirement should apply; (B) a statement of facts showing that there are reasonable grounds to believe that disclosure of particular information about the existence 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 prosecution; (iii) destruction of or tampering with evidence; (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 (C) an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (B). . (2) Order Section 501(c) of the Foreign Intelligence 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 procedures 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 nondisclosure requirement, which may apply for not longer than 1 year, unless the facts justify a longer period of nondisclosure, 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 person the particular information specified in the nondisclosure requirement during the time period to which the requirement applies. (2) Exception (A) In general A person who receives an order entered under subsection (c) that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary to comply with the order; (ii) an attorney to obtain legal advice or assistance regarding the order; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as the person to whom the order is directed. (C) Notice Any person who discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending 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 Director (whose rank shall be no lower than Assistant Special Agent in Charge), may apply for renewals of the prohibition on disclosure of particular information about the existence or contents of an order requiring 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 nondisclosure. A nondisclosure requirement shall be renewed if a court having jurisdiction under paragraph (4) determines that the application meets the requirements of subsection (b)(3). (4) Jurisdiction An application for a renewal 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 Foreign 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 procedures required by such order by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. ; and (B) in paragraph (2)(A), by inserting acquisition 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 production 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 unless the court determines that— (i) there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the time period in which such requirement is in effect will result in— (I) endangering the life or physical safety of any person; (II) flight from investigation or prosecution; (III) destruction of or tampering with evidence; (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 subparagraph: (E) If a judge denies a petition to modify or set aside a nondisclosure order under this paragraph, no person 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 Intelligence 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 following new section: 502. Emergency authority for access to call detail records (a) In general Notwithstanding any other provision 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 authorized investigation (other than a threat assessment) conducted in accordance with section 501(a)(2) to— (i) obtain foreign intelligence information not concerning a United States person; or (ii) protect against international terrorism 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 determines 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 production of such records exists; (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 emergency 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 authority to require the production of such records shall terminate at the earlier of— (A) when the information sought is obtained; (B) when the application for the order is denied under section 501; or (C) 7 days after the time of the authorization by the Attorney General. (2) Use of information If an application for an order under section 501 for the production of 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 required 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, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such records shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the 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 Representatives 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 section was exercised during the calendar year covered by such report. (d) Call detail records defined In this section, the term call detail records — (1) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, 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 information 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 inserting 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 Reauthorization Act of 2005 ( 50 U.S.C. 1805 note) is amended by striking sections 501, 502, and and inserting title V and section . 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 redesignated)— (i) by striking subparagraph (C) and inserting the following new subparagraph: (C) with respect to calendar years 2010 through 2013, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) and whether the minimization procedures adequately protect the constitutional rights of United States persons; ; and (ii) in subparagraph (D), by striking (as such term is defined 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 Select Committee on Intelligence of the House of Representatives 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 following 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 Community shall— (A) assess the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) to the activities of the intelligence community; (B) examine the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; (C) describe any noteworthy facts or circumstances 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 community under such title that were modified or denied by the court established under section 103(a) of such Act ( 50 U.S.C. 1803(a) ). (2) Submission date for assessment Not later than December 31, 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 Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013. ; (5) in subsection (e), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) and 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 Intelligence 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 reports submitted under subsection (c)(1) and (c)(2) and inserting any report submitted under subsection (c) or (d) ; (6) in subsection (f), as redesignated by paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) and inserting Each report submitted under subsection (c) ; and (B) by striking subsection (d)(2) and inserting subsection (e)(2) ; and (7) by adding at the end the following new subsection: (g) Definitions In this section: (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 Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . II FISA pen register and trap and trace device reforms 201. Privacy protections for pen registers and trap and trace devices (a) Application Section 402(c) of the Foreign Intelligence 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 information sought— (A) is relevant and material to an authorized investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities (other than a threat assessment), provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the First Amendment to the Constitution of the United States; 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; and (3) a statement of proposed minimization procedures. . (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 reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (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 procedures meet the definition of minimization procedures under this title before the period 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 following 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 extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. . (3) Emergencies Section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 ) is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: (c) If the Attorney General authorizes the emergency 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 amendments 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 Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), as amended by this Act. 202. Inspector general reports on pen registers and trap and trace devices (a) Audits The Inspector General of the Department 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 calendar years 2010 through 2013; (2) an examination of the installation and use of a pen register or trap and trace device on emergency 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 (4) an examination of the effectiveness of the authority under such title as an investigative tool, including— (A) the importance of the information acquired to the intelligence activities of the Federal Bureau of Investigation; (B) the manner in which the information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to the information provided to any other department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity; (C) whether, and how often, the Federal Bureau of Investigation used information acquired 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 intelligence 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 device under such title to law enforcement authorities for use in criminal proceedings. (c) Report 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 Select Committee 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 Community shall— (A) assess the importance of the information to the activities of the intelligence community; (B) examine the manner in which the information was collected, retained, analyzed, and disseminated; (C) describe any noteworthy facts or circumstances relating to orders under title IV of 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 Intelligence 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 Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013. (e) Prior notice to attorney general and director 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 Community shall provide the report to the Attorney General 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 intelligence 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 Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 ), as amended by this Act; and (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. III FISA acquisitions targeting persons outside the United States reforms 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 Surveillance 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 redesignated, 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: (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 collection of communications acquired under this section 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 authorization 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 threatened and the information is sought for the purpose of assisting that person; or (iii) such United States person has consented to the search. . 302. Protection against collection of wholly domestic communications (a) In general Section 702 of the Foreign Intelligence 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 communications— (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 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 contents of any communication to those communications— (I) to which any party is a target of the acquisition; or (II) that contain an account identifier of the target of an acquisition, only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction. . (b) Conforming amendment Section 701 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 ) is amended— (1) in subsection (a)— (A) by inserting international terrorism , after foreign power , ; and (B) by striking and United States person 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), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following new paragraph: (1) Account identifier The term account 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. 303. Prohibition on reverse targeting Section 702(b)(1)(B) of the Foreign Intelligence Surveillance 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 . 304. Limits on use of unlawfully obtained information Section 702(i)(3) of the Foreign Intelligence Surveillance 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 elements, 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 Constitution 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 identified 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 implementation of the authorization for which such certification was submitted. (ii) Limitation on use of information (I) In general Except as provided in subclause (II), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under clause (i) 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 from the acquisition 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 approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (II) Exception If the Government corrects any deficiency identified by the order of the Court under clause (i), the Court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . 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 amended in the paragraph heading by striking December 31, 2017 and inserting June 1, 2015 . 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 intelligence information under subsection (a) and inserting 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 following new clause: (iii) the Inspector General of the Intelligence 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 Intelligence 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 minimization 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 Inspector General of the Intelligence Community shall 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 respect to the protection of the privacy rights of United States persons; and (ii) an evaluation of the circumstances 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 appropriate, any reviews or assessments that have 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 Community shall make publicly available a summary of the findings and conclusions of the review conducted under subparagraph (B). . (2) Report Not later than December 31, 2014, the Inspector General of the Intelligence Community 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— (i) the congressional intelligence committees; and (ii) the Committee on the Judiciary of the Senate and the Committee on the Judiciary 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 acquisition authorized under subsection (a) and inserting subject to targeting or minimization 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 obtained through an acquisition ; and (2) in clause (iii), by inserting United States persons or after later determined to be . IV Foreign Intelligence Surveillance Court reforms 401. Office of the Special Advocate (a) Establishment The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended by adding at the end the following new title: IX Office of the Special Advocate 901. Definitions In this title: (1) Decision The term decision means a decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. (2) Foreign Intelligence Surveillance Court; Court The terms Foreign Intelligence Surveillance Court and Court mean the court established under section 103(a) and the petition review 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 established under section 103(b). (4) Office The term Office means the Office of the Special Advocate established under section 902(a). (5) Significant construction or interpretation of law The term significant construction or interpretation of law means a significant 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). 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 Advocate from the list of candidates submitted under subparagraph (B). (B) List of candidates The Privacy and Civil Liberties Oversight Board shall submit to the Chief Justice a list of not less than 5 qualified candidates to serve as Special Advocate. 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 candidate— (i) the litigation and other professional 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 individual may be appointed Special Advocate without regard to whether the individual possesses a security clearance on the date of the appointment. (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. (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 qualified 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 Special 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 provisions of title 5, United States Code, governing appointments in the competitive service. (c) Duties and authorities of the Special Advocate (1) In general The Special Advocate— (A) may consider any request for consultation by a party who has been served with an order or directive issued under this Act requiring the party to provide information, facilities, or assistance to the Federal Government; (B) may request to participate in a proceeding before the Foreign Intelligence Surveillance Court; (C) shall participate in such proceeding if such request is granted; (D) shall participate in a proceeding before the Court if appointed to participate by the Court under section 903(a); (E) may request reconsideration of a decision of the Court under section 903(b); (F) may appeal or seek review of a decision of the Court or the Foreign Intelligence Surveillance Court of Review under section 904; and (G) shall participate in such appeal or review. (2) Access to applications and decisions (A) Applications The Attorney General 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 submits such applications. (B) Decisions The Foreign Intelligence Surveillance Court and the Foreign Intelligence 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 enactment of the USA FREEDOM Act and all documents and other material relevant to such decision in complete, unredacted form. (3) Advocacy The Special Advocate shall vigorously advocate before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, as appropriate, in support of legal interpretations that protect individual privacy and civil liberties. (4) Outside counsel The Special Advocate 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 Advocate set out in subparagraph (E) or (F) of paragraph (1) with respect to participation in a matter before the Court, the Court of Review, or the Supreme Court of the United States. (5) Availability of documents and material The Court or the Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Special Advocate, or appropriate 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 described in paragraph (1). (d) Security clearances The appropriate departments, agencies, and elements of the Executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Special Advocate, appropriate employees of the Office, and outside counsel to whom the Special Advocate delegates a duty or responsibility under subsection (c)(4) with the security clearances necessary to carry out the duties of the Special Advocate. 903. Advocacy before the Foreign Intelligence Surveillance Court (a) Appointment To participate (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 appointed to participate in a Court proceeding pursuant to paragraph (1), the Special Advocate shall have standing as a party before the Court in that proceeding. (b) Reconsideration of a Foreign Intelligence Surveillance Court decision (1) Authority to move for reconsideration 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 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 Intelligence Surveillance Court The Court may, sua sponte, permit and facilitate participation by amici curiae, including participation in oral argument 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 provide the public with information sufficient to allow interested parties to participate as amici curiae. 904. Appellate review (a) Appeal of Foreign Intelligence Surveillance Court decisions (1) Authority to appeal The Special Advocate may appeal any decision of the Foreign Intelligence 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 standing as a party before the Foreign Intelligence Surveillance Court of Review in such appeal. (3) Mandatory review The Court of Review shall review any Foreign Intelligence Surveillance Court decision appealed by the Special Advocate 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 Surveillance Court decision pursuant to paragraph (3) shall be— (A) de novo with respect to issues of law; and (B) clearly erroneous with respect to determination 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 curiae participation in oral argument if appropriate. (B) Regulations Not later than 180 days after the date of the enactment of the USA FREEDOM Act, the Court of Review shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae. (b) Review of Foreign Intelligence Surveillance 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. 905. Disclosure (a) Requirement To disclose The Attorney General shall publicly disclose— (1) all decisions issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review after July 10, 2003, that include a significant construction or interpretation of law; (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 documents 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 interpretation 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 Review. (c) Documents described The Attorney General shall satisfy the disclosure requirements in subsection (b) by— (1) releasing a Court or Court of Review decision in its entirety or as redacted; (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 General shall release as much information regarding the facts and analysis contained in a decision described in subsection (a) or documents described in subsection (c) as is consistent with legitimate national security concerns. (e) Timing of disclosure (1) Decisions issued prior to enactment The Attorney General shall disclose a decision issued prior to the date of the enactment of the USA FREEDOM Act that is required to be disclosed 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 decisions for which the Special Advocate seeks a writ of 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 Review 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 summary 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 decision and documents that the Special Advocate proposes 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) 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 petition 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 Attorney 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, consistent with legitimate national security considerations. (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 decision appealed by the Special Advocate. 906. Annual report to Congress (a) Requirement for annual report The Special Advocate shall submit to Congress an annual report on the implementation of this title. (b) Contents Each annual report submitted under subsection (a) shall— (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 Foreign 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. . 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 following new subsection: (g) (1) A judge of the court established under subsection (a) who authored an order, opinion, or other decision 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 presiding 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 decision 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 ensure that properly classified information is appropriately protected. . 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 authority to prevent the FISA Court or FISA Court of Review from declassifying decisions or releasing information pursuant to this title or an amendment made by this title; and (2) to eliminate the public’s ability to secure information under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ) or any other provision of law. V National security letter reforms 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 follows through the period at the end and inserting the following: may request the name, address, length of service, and local and long distance 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: (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 activities, 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 authorized 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 subsection: (g) For purposes of this subsection, the terms agent of a foreign power , foreign power , international terrorism , and United States person have the same meanings as in section 101 of the Foreign Intelligence Surveillance 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: 1114. Access to financial records for certain intelligence and protective purposes (a) Authorization (1) In general 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 Bureau headquarters or Special 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 financial institution; (B) the address of a customer of the financial institution; (C) the length of time during which a person has been, or was, a customer of the financial institution (including the start date) and the type of service provided by the financial institution to the customer; and (D) any account number or other unique identifier associated with a customer of the financial 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 subsections (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 provider; 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 activities 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 international terrorism or clandestine intelligence 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 investigation; or (III) an individual in contact with, or known to, a suspected agent of a foreign power. (2) Definitions For purposes of this subsection, the terms agent of a foreign power , foreign intelligence information , foreign power , international terrorism , and United States person have the same meanings as in section 101 of the Foreign 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, insofar as the sections relate to the operation of this section), the term financial institution has the same meaning 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 Islands, 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 amended— (A) by striking subsections (a) through (c) and inserting the following new subsections: (a) Authorization (1) In general 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 Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a consumer reporting agency a request requiring the production of— (A) the name of a consumer; (B) the current and former address of a consumer; (C) the current and former places of employment of a consumer; and (D) the name and address of any financial institution (as that term is defined in section 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 consumer report. (b) Requirements (1) In general A request issued under subsection (a) shall— (A) be subject to the requirements of subsections (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 provider; 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 activities 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 international terrorism or clandestine intelligence 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 investigation; 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 terrorism , and United States person have the meaning 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. 502. Limitations on disclosure of national security letters (a) Counterintelligence access to telephone toll and transactional records Section 2709 of title 18, United States Code, is amended by striking subsection (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 communication 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 Investigation has sought or obtained access to information 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 Bureau headquarters or a Special Agent in Charge of a Bureau field office, 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 prosecution; (iii) destruction of or tampering with evidence; (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. (2) Exception (A) In general A wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (b) 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 request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (b) in the same manner as the person to whom the request is issued. (C) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending 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 recipient has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the wire or electronic service provider, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement 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 subsection (d); and (2) by inserting after subsection (b) 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 financial institution, or officer, employee, or agent thereof, that receives a request 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 Bureau headquarters or a Special Agent in Charge of a Bureau field office, 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 prosecution; (iii) destruction of or tampering with evidence; (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. (2) Exception (A) In general A financial institution, or officer, employee, or agent thereof, 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 request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (C) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending 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 notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the financial institution, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (c) Identity of financial institutions and credit reports Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ), as amended by section 501(c) of this Act, is further amended by striking subsection (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 Federal Bureau of Investigation has sought or obtained 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 designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, 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 prosecution; (iii) destruction of or tampering with evidence; (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. (2) Exception (A) In general A consumer reporting agency, or officer, employee, or agent thereof, 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 request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements 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 request is issued. (C) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending 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 submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, 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 (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 receives a request under subsection (a), shall disclose to any person that an authorized investigative 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 prosecution; (iii) destruction of or tampering with evidence; (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. (2) Exception (A) In general A governmental or private entity, or officer, employee, or agent thereof, 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 request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a). (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (C) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the head of an authorized investigative agency described in subsection (a), or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head of the authorized investigative 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 submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the authorized investigative agency described in subsection (a) shall promptly notify the governmental or private entity, or officer, employee, or agent thereof, subject to the nondisclosure 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 section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ), wishes to have a court review a nondisclosure requirement imposed in connection with the request, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a). (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 request. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the order is doing business or in the district court of the United States for any judicial district within which the authorized investigation 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 requirement. (C) Consideration A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. (2) Application contents An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or in the case of a request by a department, 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 prosecution; (C) destruction of or tampering with evidence; (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. (3) Standard A district court of the United States shall issue a nondisclosure requirement order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in— (A) endangering the life or physical safety of any person; (B) flight from investigation or prosecution; (C) destruction of or tampering with evidence; (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. . 503. Judicial review (a) Counterintelligence access to telephone toll and transactional records Section 2709 of 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), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) Judicial review (1) In general A request under subsection (b) or a non-disclosure requirement imposed in connection 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 review 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 redesignated by such section 502(b)) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Judicial review (1) In general A request under subsection (a) or a non-disclosure requirement imposed in connection 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 review 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 subsections (e) through (j), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) Judicial review (1) In general A request under subsection (a) or a non-disclosure requirement imposed in connection 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 review 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 following new subsection: (c) Judicial review (1) In general A request under subsection (a) or a non-disclosure requirement imposed in connection 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 review described in paragraph (1). . 504. Inspector general reports on national security 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)— (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 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 Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary 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 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 information 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 Financial 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 financial information, records, and consumer reports); or (D) section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) (to obtain certain financial information and consumer reports). (3) United States person The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). ; (4) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (5) by inserting after subsection (c) the following 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 Community shall— (A) examine the use of national security letters by the intelligence community during the period; (B) describe any noteworthy facts or circumstances relating to the use of national security letters by the intelligence community, including any improper or illegal use of such authority; (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 information received under the national security letters was collected, retained, analyzed, and disseminated. (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 Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013. ; (6) in subsection (e), as redesignated by paragraph (4)— (A) in paragraph (1)— (i) by striking a report under subsection (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 Intelligence 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 reports 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 paragraph (4)— (A) by striking The reports submitted under subsections (c)(1) or (c)(2) and inserting Each report submitted under subsection (c) ; and (B) by striking subsection (d)(2) and inserting subsection (e)(2) . 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 Privacy 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), respectively, 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 section 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 subsection (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 occurred before June 1, 2015. 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. VI FISA and national security letter transparency reforms 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 liability 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 estimate of the number of the demands and requests described 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 requests described in subsection (a) the electronic service provider complied with during the period to which the report pertains, regardless of when the demands or requests were made. (3) Estimate of number of users or accounts The report may reveal an estimate of the numbers of users or accounts, or both, of the electronic 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 surveillance 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 periods not less than calendar quarters For any reporting period, an electronic service provider may break down the report by calendar quarters or any other time periods greater than a calendar quarter. (d) Limitation on liability An electronic service 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 section 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 electronic 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 surveillance law means any provision of any of the following: (A) The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (B) Section 802(a) of the National Security Act of 1947 ( 50 U.S.C. 436(a) ). (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 Reporting Act ( 15 U.S.C. 1681v(a) ) (as in effect on the day before the date of the enactment of this Act). 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 inserting (a) In April ; and (ii) by striking Congress and inserting the 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 ; (C) in subsection (a) (as designated by subparagraph (B) of this paragraph)— (i) in paragraph (1) (as redesignated by subparagraph (A) of this paragraph), by striking ; and and inserting a semicolon; (ii) in paragraph (2) (as so redesignated), by striking the period and inserting a semicolon; and (iii) by adding at the end the following new paragraphs: (3) the total number of individuals who were subject to electronic surveillance conducted under an order entered under this title, rounded to the nearest 100; and (4) the total number of United States persons who were subject to electronic surveillance conducted under an order entered under this title, rounded to the nearest 100. ; and (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 striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate . (b) Physical searches Section 306 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1826 ) is amended— (1) in the first sentence, by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate and inserting Permanent Select Committee on 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 Representatives . (c) Pen register and trap and trace devices Section 406 of the Foreign Intelligence Surveillance 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 period 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 orders 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); (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 subsequently 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 subsection: (c) (1) Each report required under subsection (b) shall be submitted in unclassified form. (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 Intelligence and the Committee on the Judiciary of the Senate and inserting after Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the 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 inserting The total ; and (ii) by striking the semicolon and inserting a period; (C) in paragraph (2)— (i) by striking the total and inserting The total ; and (ii) by striking ; and and inserting a period; (D) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking the number and inserting The number ; and (ii) by adding at the end the following new subparagraphs: (F) Records concerning electronic communications. (G) Records concerning wire communications. ; 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 number of orders under such section 501 granted, modified, or denied, for each tangible thing. (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 behalf the Director of the Federal Bureau of Investigation or a designee of the Director has made an application 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 following 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; (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 following new subsection: (c) Additional annual report (1) Report required In April of each year, the Attorney General shall submit to the 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 a report setting forth with respect to the preceding 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 number 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 number, rounded to the nearest 100, of United States persons 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; and (D) a good faith estimate of the total number of United States persons whose electronic or wire communications or communications records were collected pursuant to a directive issued under section 702 and subsequently reviewed or accessed by a Federal officer, employee, or agent, rounded to the nearest 100. (2) Form Each report required under paragraph (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. . 603. Government reporting on national security 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 security letters (1) Classified form (A) In general Not later than March 1, 2015, and every 180 days thereafter, the Attorney General shall submit to the Select Committee 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 Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the requests made under section 2709(a) of title 18, United States Code, section 1114 of the Right to Financial 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. (B) Contents Each report under subparagraph (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 requests 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 authorized national security investigation; 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 authorized national security investigation. (2) Unclassified form (A) In general Not later than March 1, 2015, and every 180 days thereafter, the Attorney General shall submit to the Select Committee 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 Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing 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 subparagraph (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; (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 authorized national security investigation. (3) Definitions In this subsection: (A) Applicable period The term applicable 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 report. (B) United States person The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . VII Privacy and Civil Liberties Oversight Board subpoena authority 701. Privacy and Civil Liberties Oversight Board subpoena authority Section 1061(g) of the Intelligence Reform and Terrorism 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).

tv_txt: I 113th CONGRESS 2d Session H. R. 3361 IN THE HOUSE OF REPRESENTATIVES AN ACT To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the USA FREEDOM Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. Title I—FISA business records reforms Sec. 101. Additional requirements for call detail records. Sec. 102. Emergency authority. Sec. 103. Prohibition on bulk collection of tangible things. Sec. 104. Judicial review of minimization procedures for the production of tangible things. Sec. 105. Liability protection. Sec. 106. Compensation for assistance. Sec. 107. Definitions. Sec. 108. Inspector general reports on business records orders. Sec. 109. Effective date. Sec. 110. Rule of construction. Title II—FISA pen register and trap and trace device reform Sec. 201. Prohibition on bulk collection. Sec. 202. Privacy procedures. Title III—FISA acquisitions targeting persons outside the United States reforms Sec. 301. Minimization procedures. Sec. 302. Limits on use of unlawfully obtained information. Title IV—Foreign Intelligence Surveillance Court reforms Sec. 401. Appointment of amicus curiae. Sec. 402. Declassification of decisions, orders, and opinions. Title V—National Security Letter reform Sec. 501. Prohibition on bulk collection. Title VI—FISA transparency and reporting requirements Sec. 601. Additional reporting on orders requiring production of business records. Sec. 602. Business records compliance reports to Congress. Sec. 603. Annual reports by the Government on orders entered. Sec. 604. Public reporting by persons subject to FISA orders. Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. Sec. 606. Submission of reports under FISA. Title VII—Sunsets Sec. 701. Sunsets. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). I FISA business records reforms 101. Additional requirements for call detail records (a) Application Section 501(b)(2) ( 50 U.S.C. 1861(b)(2) ) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking a statement and inserting in the case of an application other than an application described in subparagraph (C) (including an application for the production of call detail records other than in the manner described in subparagraph (C)), a statement ; and (B) in clause (iii), by striking ; and and inserting a semicolon; (2) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; and (3) by inserting after subparagraph (B) (as so redesignated) the following new subparagraph: (C) in the case of an application for the production on a daily basis of call detail records created before, on, or after the date of the application relating to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism, a statement of facts showing that— (i) there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to such investigation; and (ii) there are facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power; and . (b) Order Section 501(c)(2) ( 50 U.S.C. 1861(c)(2) ) is amended— (1) in subparagraph (D), by striking ; and and inserting a semicolon; (2) in subparagraph (E), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (F) in the case of an application described in subsection (b)(2)(C), shall— (i) authorize the production on a daily basis of call detail records for a period not to exceed 180 days; (ii) provide that an order for such production may be extended upon application under subsection (b) and the judicial finding under paragraph (1); (iii) provide that the Government may require the prompt production of call detail records— (I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and (II) using call detail records with a direct connection to such specific selection term as the basis for production of a second set of call detail records; (iv) provide that, when produced, such records be in a form that will be useful to the Government; (v) direct each person the Government directs to produce call detail records under the order to furnish the Government forthwith all information, facilities, or technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such person is providing to each subject of the production; and (vi) direct the Government to— (I) adopt minimization procedures that require the prompt destruction of all call detail records produced under the order that the Government determines are not foreign intelligence information; and (II) destroy all call detail records produced under the order as prescribed by such procedures. . 102. Emergency authority (a) Authority Section 501 ( 50 U.S.C. 1861 ) is amended by adding at the end the following new subsection: (i) Emergency authority for production of tangible things (1) Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General— (A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained; (B) reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists; (C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the 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 General requires the emergency production of tangible things under this subsection. (2) If the Attorney General authorizes the emergency 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 approving the production of tangible things under this subsection, the production shall terminate when the information 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 requiring 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 section 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 approving the production, no information obtained or evidence derived from such production 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 from such production shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (6) The Attorney General shall assess compliance with the requirements of paragraph (5). . (b) Conforming amendment Section 501(d) ( 50 U.S.C. 1861(d) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required ; (B) in subparagraph (A), by striking such order and inserting such order or such emergency production ; and (C) in subparagraph (B), by striking the order and inserting the order or the emergency production ; and (2) in paragraph (2)— (A) in subparagraph (A), by striking an order and inserting an order or emergency production ; and (B) in subparagraph (B), by striking an order and inserting an order or emergency production . 103. Prohibition on bulk collection of tangible 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 semicolon and inserting , including each specific selection term to be used as the basis for the production; ; and (2) by adding at the end the following new paragraph: (3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection (b)(2). . 104. Judicial review of minimization procedures for the production of tangible things Section 501(c)(1) ( 50 U.S.C. 1861(c)(1) ) is amended by inserting after subsections (a) and (b) the following: and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g) . 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 information, facilities, or technical assistance pursuant to an order issued or an emergency production required under this section; or (B) otherwise provides technical assistance to the Government under this section or to implement the amendments made to this section by the USA FREEDOM Act. (2) A production or provision of information, facilities, or technical assistance described in paragraph (1) shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. . 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 compensate a person for reasonable expenses incurred for— (1) producing tangible things or providing information, facilities, or assistance in accordance with an order issued with respect to an application described in subsection (b)(2)(C) or an emergency production under subsection (i) that, to comply with subsection (i)(1)(D), requires an application described 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. . 107. Definitions Section 501 ( 50 U.S.C. 1861 ), as amended by section 106 of this Act, is further amended by adding at the end the following new subsection: (k) Definitions In this section: (1) Call detail record The term call detail record — (A) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call; and (B) does not include— (i) the contents of any communication (as defined in section 2510(8) of title 18, United States Code); (ii) the name, address, or financial information of a subscriber or customer; or (iii) cell site location information. (2) Specific selection term The term specific selection term means a discrete term, such as a term specifically identifying a person, entity, account, address, or device, used by the Government to limit the scope of the information or tangible things sought pursuant to the statute authorizing the provision of such information or tangible things to the Government. . 108. Inspector general reports on business records orders Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 120 Stat. 200) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2012 through 2014 after 2006 ; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (D) in paragraph (3) (as so redesignated)— (i) by striking subparagraph (C) and inserting the following new subparagraph: (C) with respect to calendar years 2012 through 2014, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) and whether the minimization procedures adequately protect the constitutional rights of United States persons; ; and (ii) in subparagraph (D), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) )) ; (2) in subsection (c), by adding at the end the following new paragraph: (3) Calendar years 2012 through 2014 Not later than December 31, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives 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 following new subsection: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2012, and ending on December 31, 2014, the Inspector General of the Intelligence Community shall assess— (A) the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) to the activities of the intelligence community; (B) the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; (C) the minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and (D) any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act ( 50 U.S.C. 1803(a) ). (2) Submission date for assessment Not later than 180 days after the date on which the Inspector General of the Department of Justice submits 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 Permanent 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 paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (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 Intelligence 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 reports 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 paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) and inserting Each report submitted under subsection (c) ; and (B) by striking subsection (d)(2) and inserting subsection (e)(2) ; and (7) by adding at the end the following new subsection: (g) Definitions In this section: (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 Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . 109. Effective date (a) In general The amendments made by sections 101 through 103 shall take effect on the date that is 180 days after the date of the enactment of this Act. (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 described in subsection (a) during the period ending on such effective date. 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 communication 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. ). II FISA pen register and trap and trace device reform 201. Prohibition on bulk collection (a) Prohibition Section 402(c) ( 50 U.S.C. 1842(c) ) is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and . (b) Definition Section 401 ( 50 U.S.C. 1841 ) is amended by adding at the end the following new paragraph: (4) The term specific selection term has the meaning given the term in section 501. . 202. Privacy procedures (a) In general Section 402 ( 50 U.S.C. 1842 ) is amended by adding at the end the following new subsection: (h) The Attorney General shall ensure that appropriate policies and procedures are in place to safeguard nonpublicly available information concerning United States persons that is collected through the use of a pen register or trap and trace device installed under this section. Such policies and procedures shall, to the maximum extent practicable and consistent with the need to protect national security, include protections for the collection, retention, and use of information concerning United States persons. . (b) Emergency authority Section 403 ( 50 U.S.C. 1843 ) is amended by adding at the end the following new subsection: (d) Information collected through the use of a pen register or trap and device installed under this section shall be subject to the policies and procedures required under section 402(h). . III FISA acquisitions targeting persons outside the United States reforms 301. Minimization procedures Section 702(e)(1) ( 50 U.S.C. 1881a(e)(1) ) is amended— (1) by striking that meet and inserting the following: that— (A) meet ; (2) in subparagraph (A) (as designated by paragraph (1) of this section), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (B) consistent with such definition— (i) minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States at the time of acquisition, consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; and (ii) prohibit the use of any discrete communication that is not to, from, or about the target of an acquisition and is to or from an identifiable United States person or a person reasonably believed to be located in the United States, except to protect against an immediate threat to human life. . 302. Limits on use of unlawfully obtained information 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 information (i) In general Except as provided in clause (ii), to the extent 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 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 approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (ii) Exception If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information obtained before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . IV Foreign Intelligence Surveillance Court reforms 401. Appointment of amicus curiae Section 103 ( 50 U.S.C. 1803 ) is amended by adding at the end the following new subsection: (i) Amicus curiae (1) Authorization A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time— (A) shall appoint an individual to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a written finding that such appointment is not appropriate; and (B) may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. (2) Designation The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information. (3) Duties An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. (4) Notification The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1). (5) Assistance A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection. (6) Administration A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual appointed to serve as amicus curiae under paragraph (1) in a manner that is not inconsistent with this subsection. . 402. Declassification of decisions, orders, and opinions (a) Declassification Title VI ( 50 U.S.C. 1871 et seq. ) is amended— (1) in the heading, by striking Reporting Requirement and inserting Oversight ; and (2) by adding at the end the following new section: 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 construction or interpretation of any provision of this Act, including a 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 construction or interpretation of a provision under this Act; and (B) that specifies that the statement has been prepared by the Attorney General and constitutes no part of the opinion of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. . (b) Table of contents amendments The table of contents in the first section is amended— (1) by striking the item relating to title VI and inserting the following new item: TITLE VI—OVERSIGHT ; and (2) by inserting after the item relating to section 601 the following new item: Sec. 602. Declassification of significant decisions, orders, and opinions. . V National Security Letter reform 501. Prohibition on bulk collection (a) Counterintelligence access to telephone toll and transactional records Section 2709(b) of title 18, United States Code, is amended in the matter preceding paragraph (1) by striking may and inserting may, using a specific selection term as the basis for a request . (b) Access to financial records for certain intelligence and protective purposes Section 1114(a)(2) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(2) ) is amended by striking the period and inserting and a specific selection term to be used as the basis for the production and disclosure of financial records. . (c) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) ) is amended by striking that information, and inserting that information that includes a specific selection term to be used as the basis for the production of that information, . (d) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ) is amended by striking analysis. and inserting analysis and a specific selection term to be used as the basis for the production of such information. . (e) Definitions (1) Counterintelligence Access to Telephone Toll and Transactional Records Section 2709 of title 18, United States Code, is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (2) Access to financial records for certain intelligence and protective purposes Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ) is amended by adding at the end the following new subsection: (e) In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (3) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) is amended by adding at the end the following new subsection: (n) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (4) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v ) is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . VI FISA transparency and reporting requirements 601. Additional reporting on orders requiring production of business records Section 502(b) ( 50 U.S.C. 1862(b) ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (5), (6), and (7), respectively; and (2) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: (1) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things; (2) the total number of such orders either granted, modified, or denied; (3) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records; (4) the total number of such orders either granted, modified, or denied; . 602. Business records compliance reports to Congress Section 502(b) ( 50 U.S.C. 1862(b) ), as amended by section 601 of this Act, is further amended— (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) a summary of all compliance reviews conducted by the Federal Government of the production of tangible things under section 501; . 603. Annual reports by the Government on orders entered (a) In general Title VI ( 50 U.S.C. 1871 et seq. ), as amended by section 402 of this Act, is further amended by adding at the end the following new section: 603. Annual report on orders entered (a) Report by Director of the Administrative Office of the United States Courts The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and, subject to a declassification review by the Attorney General and Director of National Intelligence, make publicly available on an Internet website— (1) the number of orders entered under each of sections 105, 304, 402, 501, 702, 703, and 704; (2) the number of orders modified under each of those sections; (3) the number of orders denied under each of those sections; and (4) the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae. (b) Report by Director of National Intelligence The Director of National Intelligence shall annually make publicly available a report that identifies, for the preceding 12-month period— (1) the total number of orders issued pursuant titles I and III and sections 703 and 704 and the estimated number of targets affected by such orders; (2) the total number of orders issued pursuant to section 702 and the estimated number of targets affected by such orders; (3) the total number of orders issued pursuant to title IV and the estimated number of targets affected by such orders; (4) the total number of orders issued pursuant to applications made under section 501(b)(2)(B) and the estimated number of targets affected by such orders; (5) the total number of orders issued pursuant to applications made under section 501(b)(2)(C) and the estimated number of targets affected by such orders; and (6) the total number of national Security letters issued and the number of requests for information contained within such national security letters. (c) National security letter defined The term national security letter means any of the following provisions: (1) Section 2709 of title 18, United States Code. (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ). (3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) , 1681u(b)). (4) Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ). . (b) Table of contents amendment The table of contents in the first section, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by such section 402, the following new item: Sec. 603. Annual report on orders entered. . 604. Public reporting by persons subject to FISA orders (a) In general Title VI ( 50 U.S.C. 1871 et seq. ), as amended by section 603 of this Act, is further amended by adding at the end the following new section: 604. Public reporting by persons subject to orders (a) Reporting A person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures: (1) Subject to subsection (b), a report that aggregates the number of orders or national security letters the person was required to comply with in the following separate categories: (A) The number of national security letters received, reported in bands of 1000 starting with 0-999. (B) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999. (C) The number of orders under this Act for content, reported in bands of 1000 starting with 0-999. (D) With respect to content orders under this Act, in bands of 1000 starting with 0-999, the number of customer accounts affected under orders under title I; (E) The number of orders under this Act for non-content, reported in bands of 1000 starting with 0-999. (F) With respect to non-content orders under this Act, in bands of 1000 starting with 0-999, the number of customer accounts affected under orders under— (i) title IV; (ii) title V with respect to applications described in section 501(b)(2)(B); and (iii) title V with respect to applications described in section 501(b)(2)(C). (2) A report that aggregates the number of orders, directives, or national security letters the person was required to comply with in the following separate categories: (A) The total number of all national security process received, including all national security letters and orders or directives under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (B) The total number of customer selectors targeted under all national security process received, including all national security letters and orders or directives under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (3) Subject to subsection (b), a report that aggregates the number of orders or national security letters the person was required to comply with in the following separate categories: (A) The number of national security letters received, reported in bands of 500 starting with 0-499. (B) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499. (C) The number of orders under this Act for content, reported in bands of 500 starting with 0-499. (D) The number of customer selectors targeted under such orders, in bands of 500 starting with 0-499. (E) The number of orders under this Act for non-content, reported in bands of 500 starting with 0-499. (F) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499. (b) Period of time covered by reports With respect to a report described in paragraph (1) or (3) of subsection (a), such report shall only include information— (1) except as provided in paragraph (2), for the period of time ending on the date that is at least 180 days before the date of the publication of such report; and (2) with respect to an order under this Act or national security letter received with respect to a platform, product, or service for which a person did not previously receive such an order or national security letter (not including an enhancement to or iteration of an existing publicly available platform, product, or service), for the period of time ending on the date that is at least 2 years before the date of the publication of such report. (c) Other forms of agreed to publication Nothing in this section shall be construed to prohibit the Government and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section. (d) National security letter defined The term national security letter has the meaning given the term in section 603. . (b) Table of contents amendment The table of contents in the first section, as amended by section 603 of this Act, is further amended by inserting after the item relating to section 603, as added by section 603 of this Act, the following new item: Sec. 604. Public reporting by persons subject to orders. . 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) ( 50 U.S.C. 1871(c) ) is amended to read as follows: (1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, including any denial or modification of an application under this Act, that includes a significant construction or interpretation of any provision of this Act or results in a change of application of any provision of this Act or a new application of any provision of this Act, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and . 606. Submission of reports under FISA (a) Electronic surveillance Section 108(a)(1) ( 50 U.S.C. 1808(a)(1) ) is amended by striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate . (b) Physical searches Section 306 ( 50 U.S.C. 1826 ) is amended— (1) in the first sentence, by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting Permanent Select Committee on 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 Representatives . (c) Pen register and trap and trace devices Section 406(b) ( 50 U.S.C. 1846(b) ) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (4) each department or agency on behalf of which the Government has made application for orders approving the use of pen registers or trap and trace devices under this title; and (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3). . (d) Access to certain business records and other tangible things Section 502(a) ( 50 U.S.C. 1862(a) ) is amended by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate . VII Sunsets 701. Sunsets (a) USA PATRIOT Improvement and Reauthorization Act of 2005 Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( 50 U.S.C. 1805 note) is amended by striking June 1, 2015 and inserting December 31, 2017 . (b) Intelligence Reform and Terrorism Prevention Act of 2004 Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 1801 note) is amended by striking June 1, 2015 and inserting December 31, 2017 .

Passed the House of Representatives May 22, 2014. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 334 113th CONGRESS 2d Session H. R. 3361 [Report No. 113–452, Parts I and II] 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 Mississippi , Ms. DelBene , Mr. Rohrabacher , Mr. Mica , Mr. Young of Alaska , Mr. Petri , Mr. Sanford , Mr. Welch , Mr. Grayson , Mr. Duncan 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. Johnson 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. Blumenauer , Mr. Schweikert , and Mr. Fitzpatrick ) introduced the following 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 May 15, 2014 Additional sponsors: Mr. Enyart , Mr. Lewis , Ms. Hanabusa , Mr. Farenthold , Ms. McCollum , Mr. Smith of New Jersey , Mr. Horsford , Mr. McClintock , Mr. Tierney , Ms. Pingree of Maine , Ms. Kuster , Mr. McGovern , Mr. Perry , Mr. Larsen of Washington , Mr. Ribble , Ms. Bonamici , Mr. Cummings , Mr. Nugent , Mr. LaMalfa , Ms. Brownley of California , Mr. Carson of Indiana , Mr. Kingston , Mr. Luetkemeyer , Mrs. Noem , Ms. Shea-Porter , Mr. Salmon , Mr. Fleming , Mr. DeFazio , Mr. Vela , Mr. McDermott , Mr. Stockman , Ms. Schakowsky , Mr. Grijalva , Mr. Cicilline , Mr. Courtney , Mr. Messer , Mr. Jordan , Mrs. Capps , Ms. DeLauro , Ms. Matsui , Mr. Broun of Georgia , Mr. Keating , Mr. Weber of Texas , Mr. Schrader , Mr. Austin Scott of Georgia , Mr. Bridenstine , Mr. Kennedy , Mr. Sherman , Mr. Garrett , Mr. Lynch , Mr. Swalwell of California , Mr. Ben Ray Luján of New Mexico , Mr. Duncan of Tennessee , Mr. Guthrie , Mr. Campbell , Mr. Doyle , Ms. Clark of Massachusetts , Mrs. Carolyn B. Maloney of New York , Mr. Tonko , Ms. Tsongas , Mr. Marchant , Mr. Gardner , Mr. Neal , Mrs. Napolitano , Mr. Wilson of South Carolina , Mr. Cohen , Mr. Lance , Mr. Peters of Michigan , Mr. Gosar , Ms. DeGette , Mr. Serrano , Ms. Herrera Beutler , Mr. Goodlatte , and Mr. Wittman May 15, 2014 Reported from the Committee on the Judiciary with an amendment Strike out all after the enacting clause and insert the part printed in italic May 15, 2014 Reported from the Select Committee on Intelligence (Permanent Select) with an amendment Strike out all after the enacting clause and insert the part printed in boldface roman May 15, 2014 The Committee on Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on October 29, 2013 A BILL To reform the authorities of the Federal Government to require the production of certain business records, conduct 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.

1. Short title; table of contents (a) Short title This Act may be cited as the USA FREEDOM Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. Title I—FISA business records reforms Sec. 101. Additional requirements for call detail records. Sec. 102. Emergency authority. Sec. 103. Prohibition on bulk collection of tangible things. Sec. 104. Judicial review of minimization procedures for the production of tangible things. Sec. 105. Liability protection. Sec. 106. Compensation for assistance. Sec. 107. Definitions. Sec. 108. Inspector general reports on business records orders. Sec. 109. Effective date. Title II—FISA pen register and trap and trace device reform Sec. 201. Prohibition on bulk collection. Sec. 202. Minimization procedures. Title III—FISA acquisitions targeting persons outside the United States reforms Sec. 301. Prohibition on reverse targeting. Sec. 302. Minimization procedures. Sec. 303. Limits on use of unlawfully obtained information. Title IV—Foreign Intelligence Surveillance Court reforms Sec. 401. Appointment of amicus curiae. Sec. 402. Declassification of decisions, orders, and opinions. Title V—National Security Letter reform Sec. 501. Prohibition on bulk collection. Title VI—FISA transparency and reporting requirements Sec. 601. Additional reporting on orders requiring production of business records. Sec. 602. Business records compliance reports to Congress. Sec. 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered. Sec. 604. Public reporting by persons subject to FISA orders. Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. Sec. 606. Submission of reports under FISA. Title VII—Sunsets Sec. 701. Sunsets. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). I FISA business records reforms 101. Additional requirements for call detail records (a) Application Section 501(b)(2) ( 50 U.S.C. 1861(b)(2) ) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking a statement and inserting in the case of an application other than an application described in subparagraph (C), a statement ; and (B) in clause (iii), by striking ; and and inserting a semicolon; (2) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; and (3) by inserting after subparagraph (B) (as so redesignated) the following new subparagraph: (C) in the case of an application for the production of call detail records created on or after the date of the application, a statement of facts showing that— (i) there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism; and (ii) there are facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power; and . (b) Order Section 501(c)(2) ( 50 U.S.C. 1861(c)(2) ) is amended— (1) in subparagraph (D), by striking ; and and inserting a semicolon; (2) in subparagraph (E), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (F) in the case of an application described in subsection (b)(2)(C), shall— (i) authorize the production of call detail records for a period not to exceed 180 days; (ii) provide that an order for such production may be extended upon application under subsection (b) and the judicial finding under paragraph (1); (iii) provide that the Government may require the production of call detail records— (I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and (II) using the results of the production under subclause (I) as the basis for production; (iv) direct each person the Government directs to produce call detail records under the order to furnish the Government forthwith all information, facilities, or technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such person is providing to each subject of the production; and (v) direct the Government to destroy all call detail records produced under the order not later than 5 years after the date of the production of such records, except for records that are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism. . 102. Emergency authority (a) Authority Section 501 ( 50 U.S.C. 1861 ) is amended by adding at the end the following new subsection: (i) Emergency authority for production of tangible things (1) Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General— (A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained; (B) reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists; (C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the 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 General requires the emergency production of tangible things under this subsection. (2) If the Attorney General authorizes the emergency 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 approving the production of tangible things under this subsection, the production shall terminate when the information 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 requiring the emergency production of such tangible things, whichever is earliest. (4) A denial of the application made under this subsection may be reviewed as provided in this section. (5) If such application for approval is denied, or in any other case where the production of tangible things is terminated and no order is issued approving the production, no information obtained or evidence derived from such production shall be received in 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 from such production shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (6) The Attorney General shall assess compliance with the requirements of paragraph (5). . (b) Conforming amendment Section 501(d) ( 50 U.S.C. 1861(d) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required ; (B) in subparagraph (A), by striking such order and inserting such order or such emergency production ; and (C) in subparagraph (B), by striking the order and inserting the order or the emergency production ; and (2) in paragraph (2)— (A) in subparagraph (A), by striking an order and inserting an order or emergency production ; and (B) in subparagraph (B), by striking an order and inserting an order or emergency production . 103. Prohibition on bulk collection of tangible 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 semicolon and inserting , including each specific selection term to be used as the basis for the production; ; and (2) by adding at the end the following new paragraph: (3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection (b)(2). . 104. Judicial review of minimization procedures for the production of tangible things Section 501(c)(1) ( 50 U.S.C. 1861(c)(1) ) is amended by inserting after subsections (a) and (b) the following: and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g) . 105. Liability protection Section 501(e) ( 50 U.S.C. 1861(e) ) is amended to read as follows: (e) No cause of action shall lie in any court against a person who produces tangible things or provides information, facilities, or technical assistance pursuant to an order issued or an emergency production required under this section. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. . 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 compensate, at the prevailing rate, a person for producing tangible things or providing information, facilities, or assistance in accordance with an order issued or an emergency production required under this section. . 107. Definitions Section 501 ( 50 U.S.C. 1861 ), as amended by section 106 of this Act, is further amended by adding at the end the following new subsection: (k) Definitions In this section: (1) Call detail record defined The term call detail record — (A) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call; and (B) does not include— (i) the contents of any communication (as defined in section 2510(8) of title 18, United States Code); (ii) the name, address, or financial information of a subscriber or customer; or (iii) cell site location information. (2) Specific selection term The term specific selection term means a term used to uniquely describe a person, entity, or account. . 108. Inspector general reports on business records orders Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 120 Stat. 200) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2012 through 2014 after 2006 ; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (D) in paragraph (3) (as so redesignated)— (i) by striking subparagraph (C) and inserting the following new subparagraph: (C) with respect to calendar years 2012 through 2014, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) and whether the minimization procedures adequately protect the constitutional rights of United States persons; ; and (ii) in subparagraph (D), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) )) ; (2) in subsection (c), by adding at the end the following new paragraph: (3) Calendar years 2012 through 2014 Not later than December 31, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives 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 following new subsection: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2012, and ending on December 31, 2014, the Inspector General of the Intelligence Community shall assess— (A) the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) to the activities of the intelligence community; (B) the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; (C) the minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and (D) any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act ( 50 U.S.C. 1803(a) ). (2) Submission date for assessment Not later than December 31, 2015, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 through 2014. ; (5) in subsection (e), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) and 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 Intelligence 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 reports 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 paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) and inserting Each report submitted under subsection (c) ; and (B) by striking subsection (d)(2) and inserting subsection (e)(2) ; and (7) by adding at the end the following new subsection: (g) Definitions In this section: (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 Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . 109. Effective date The amendments made by sections 101 through 103 shall take effect on the date that is 180 days after the date of the enactment of this Act. II FISA pen register and trap and trace device reform 201. Prohibition on bulk collection (a) Prohibition Section 402(c) ( 50 U.S.C. 1842(c) ) is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and . (b) Definition Section 401 ( 50 U.S.C. 1841 ) is amended by adding at the end the following new paragraph: (4) The term specific selection term has the meaning given the term in section 501. . 202. Minimization procedures (a) Definition Section 401 ( 50 U.S.C. 1841 ), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: (5) The term minimization procedures means— (A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device to minimize the retention and prohibit the dissemination of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (b) Application Section 402(c) ( 50 U.S.C. 1842(c) ), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: (4) a statement of proposed minimization procedures. . (c) Order Section 402(d) ( 50 U.S.C. 1842(d) ) is amended— (1) in paragraph (1), by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title before the period at the end; and (2) in paragraph (2)(B)— (A) in clause (ii)(II), by striking ; and and inserting a semicolon; and (B) by adding at the end the following new clause: (iv) the minimization procedures be followed; and . (d) Compliance assessment Section 402 ( 50 U.S.C. 1842 ) is amended by adding at the end the following new subsection: (h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. . III FISA acquisitions targeting persons outside the United States reforms 301. Prohibition on reverse targeting Section 702(b)(2) ( 50 U.S.C. 1881a(b)(2) ) is amended by striking the purpose and inserting a purpose . 302. Minimization procedures Section 702(e)(1) ( 50 U.S.C. 1881a(e)(1) ) is amended— (1) by striking that meet and inserting the following: that— (A) meet ; (2) in subparagraph (A) (as designated by paragraph (1) of this section), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (B) consistent with such definition, minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States and prohibit the use of any discrete, non-target communication that is determined to be to or from a United States person or a person who appears to be located in the United States, except to protect against an immediate threat to human life. . 303. Limits on use of unlawfully obtained information 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 information (i) In general Except as provided in clause (ii), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under subparagraph (B) concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, 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 without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (ii) Exception If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . IV Foreign Intelligence Surveillance Court reforms 401. Appointment of amicus curiae Section 103 ( 50 U.S.C. 1803 ) is amended by adding at the end the following new subsection: (i) Amicus curiae (1) Authorization A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time— (A) shall appoint an individual to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a written finding that such appointment is not appropriate; and (B) may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. (2) Designation The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area of law that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information. (3) Duties An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. (4) Notification The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1). (5) Assistance A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection. (6) Administration A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual appointed to serve as amicus curiae under paragraph (1) in a manner that is not inconsistent with this subsection. . 402. Declassification of decisions, orders, and opinions (a) Declassification Title VI ( 50 U.S.C. 1871 et seq. ) is amended— (1) in the heading, by striking Reporting Requirement and inserting Oversight ; and (2) by adding at the end the following new section: 602. Declassification of significant decisions, orders, and opinions (a) Declassification required Subject to subsection (b), the Attorney General shall conduct a declassification review of each 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 construction or interpretation of any provision of this Act and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. (b) Redacted form The Attorney General may satisfy the requirement under subsection (a) to make a 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 Attorney General may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if the Attorney General— (1) determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and (2) makes publicly available an unclassified summary of such decision, order, or opinion. . (b) Table of contents amendments The table of contents in the first section is amended— (1) by striking the item relating to title VI and inserting the following new item: TITLE VI—OVERSIGHT ; and (2) by inserting after the item relating to section 601 the following new item: Sec. 602. Declassification of significant decisions, orders, and opinions. . V National Security Letter reform 501. Prohibition on bulk collection (a) Counterintelligence access to telephone toll and transactional records Section 2709(b) of title 18, United States Code, is amended in the matter preceding paragraph (1) by striking may and inserting may, using a specific selection term as the basis for a request . (b) Access to financial records for certain intelligence and protective purposes Section 1114(a)(2) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(2) ) is amended by striking the period and inserting and a specific selection term to be used as the basis for the production and disclosure of financial records. . (c) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) ) is amended by striking that information, and inserting that information that includes a specific selection term to be used as the basis for the production of that information, . (d) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ) is amended by striking analysis. and inserting analysis and a specific selection term to be used as the basis for the production of such information. . (e) Definitions (1) Counterintelligence Access to Telephone Toll and Transactional Records Section 2709 of title 18, United States Code, is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (2) Access to financial records for certain intelligence and protective purposes Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ) is amended by adding at the end the following new subsection: (e) In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (3) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) is amended by adding at the end the following new subsection: (n) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (4) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v ) is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . VI FISA transparency and reporting requirements 601. Additional reporting on orders requiring production of business records Section 502(b) ( 50 U.S.C. 1862(b) ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (5), (6), and (7), respectively; and (2) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: (1) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things; (2) the total number of such orders either granted, modified, or denied; (3) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records; (4) the total number of such orders either granted, modified, or denied; . 602. Business records compliance reports to Congress (a) Business records productions Section 502(b) ( 50 U.S.C. 1862(b) ), as amended by section 601 of this Act, is further amended— (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) any compliance reviews conducted by the Federal Government of the production of tangible things under section 501; . (b) FISA authorities in general Section 601(a) ( 50 U.S.C. 1871(a) ) is amended— (1) in paragraph (4), by striking ; and and inserting a semicolon; (2) in paragraph (5), by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (6) any compliance reviews conducted by the Federal Government of electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, or acquisitions conducted under this Act. . 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered (a) In general Title VI ( 50 U.S.C. 1871 et seq. ), as amended by section 402 of this Act, is further amended by adding at the end the following new section: 603. Annual report on orders entered The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and make publicly available on an Internet website— (1) the number of orders entered under each of sections 105, 304, 402, 501, 702, 703, and 704; (2) the number of orders modified under each of those sections; (3) the number of orders denied under each of those sections; and (4) the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae. . (b) Table of contents amendment The table of contents in the first section, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by such section 402, the following new item: Sec. 603. Annual report on orders entered. . 604. Public reporting by persons subject to FISA orders (a) In general Title VI ( 50 U.S.C. 1871 et seq. ), as amended by section 603 of this Act, is further amended by adding at the end the following new section: 604. Public reporting by persons subject to orders (a) Reporting A person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures: (1) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 1000 starting with 0-999. (C) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999. (D) The number of orders under this Act for content, reported in bands of 1000 starting with 0-999. (E) With respect to content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under title I; and (ii) the number of customer selectors targeted under orders under title VII. (F) The number of orders under this Act for non-content, reported in bands of 1000 starting with 0-999. (G) With respect to non-content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under— (I) title I; (II) title IV; (III) title V with respect to applications described in section 501(b)(2)(B); and (IV) title V with respect to applications described in section 501(b)(2)(C); and (ii) the number of customer selectors targeted under orders under title VII. (2) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The total number of all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (C) The total number of customer selectors targeted under all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (3) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 500 starting with 0-499. (C) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499. (D) The number of orders under this Act for content, reported in bands of 500 starting with 0-499. (E) The number of customer selectors targeted under such orders, in bands of 500 starting with 0-499. (F) The number of orders under this Act for non-content, reported in bands of 500 starting with 0-499. (G) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499. (b) National security letter defined The term national security letter means any of the following provisions: (1) Section 2709 of title 18, United States Code. (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ). (3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) , 1681u(b)). (4) Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ). . (b) Table of contents amendment The table of contents in the first section, as amended by section 603 of this Act, is further amended by inserting after the item relating to section 603, as added by section 603 of this Act, the following new item: Sec. 604. Public reporting by persons subject to orders. . 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) ( 50 U.S.C. 1871(c) ) is amended to read as follows: (1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion that includes a significant construction or interpretation of any provision of this Act or a denial of a request for an order or a modification of a request for an order, or results in a change of application of any provision of this Act or a new application of any provision of this Act— (A) a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and (B) with respect to such decision, order, or opinion, a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and . 606. Submission of reports under FISA (a) Electronic surveillance Section 108(a)(1) ( 50 U.S.C. 1808(a)(1) ) is amended by striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate . (b) Physical searches Section 306 ( 50 U.S.C. 1826 ) is amended— (1) in the first sentence, by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting Permanent Select Committee on 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 Representatives . (c) Pen register and trap and trace devices Section 406(b) ( 50 U.S.C. 1846(b) ) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (4) each department or agency on behalf of which the Government has made application for orders approving the use of pen registers or trap and trace devices under this title; and (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3). . (d) Access to certain business records and other tangible things Section 502(a) ( 50 U.S.C. 1862(a) ) is amended by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate . VII Sunsets 701. Sunsets (a) USA PATRIOT Improvement and Reauthorization Act of 2005 Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking June 1, 2015 and inserting December 31, 2017 . (b) Intelligence Reform and Terrorism Prevention Act of 2004 Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by striking June 1, 2015 and inserting December 31, 2017 .

1. Short title; table of contents (a) Short title This Act may be cited as the USA FREEDOM Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. Title I—FISA business records reforms Sec. 101. Additional requirements for call detail records. Sec. 102. Emergency authority. Sec. 103. Prohibition on bulk collection of tangible things. Sec. 104. Judicial review of minimization procedures for the production of tangible things. Sec. 105. Liability protection. Sec. 106. Compensation for assistance. Sec. 107. Definitions. Sec. 108. Inspector general reports on business records orders. Sec. 109. Effective date. Title II—FISA pen register and trap and trace device reform Sec. 201. Prohibition on bulk collection. Sec. 202. Minimization procedures. Title III—FISA acquisitions targeting persons outside the United States reforms Sec. 301. Prohibition on reverse targeting. Sec. 302. Minimization procedures. Sec. 303. Limits on use of unlawfully obtained information. Title IV—Foreign Intelligence Surveillance Court reforms Sec. 401. Appointment of amicus curiae. Sec. 402. Declassification of decisions, orders, and opinions. Title V—National Security Letter reform Sec. 501. Prohibition on bulk collection. Title VI—FISA transparency and reporting requirements Sec. 601. Additional reporting on orders requiring production of business records. Sec. 602. Business records compliance reports to Congress. Sec. 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered. Sec. 604. Public reporting by persons subject to FISA orders. Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. Sec. 606. Submission of reports under FISA. Title VII—Sunsets Sec. 701. Sunsets. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). I FISA business records reforms 101. Additional requirements for call detail records (a) Application Section 501(b)(2) ( 50 U.S.C. 1861(b)(2) ) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking a statement and inserting in the case of an application other than an application described in subparagraph (C), a statement ; and (B) in clause (iii), by striking ; and and inserting a semicolon; (2) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; and (3) by inserting after subparagraph (B) (as so redesignated) the following new subparagraph: (C) in the case of an application for the production of call detail records created on or after the date of the application, a statement of facts showing that— (i) there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism; and (ii) there are facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power; and . (b) Order Section 501(c)(2) ( 50 U.S.C. 1861(c)(2) ) is amended— (1) in subparagraph (D), by striking ; and and inserting a semicolon; (2) in subparagraph (E), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (F) in the case of an application described in subsection (b)(2)(C), shall— (i) authorize the production of call detail records for a period not to exceed 180 days; (ii) provide that an order for such production may be extended upon application under subsection (b) and the judicial finding under paragraph (1); (iii) provide that the Government may require the production of call detail records— (I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and (II) using the results of the production under subclause (I) as the basis for production; (iv) direct each person the Government directs to produce call detail records under the order to furnish the Government forthwith all information, facilities, or technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such person is providing to each subject of the production; and (v) direct the Government to destroy all call detail records produced under the order not later than 5 years after the date of the production of such records, except for records that are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism. . 102. Emergency authority (a) Authority Section 501 ( 50 U.S.C. 1861 ) is amended by adding at the end the following new subsection: (i) Emergency authority for production of tangible things (1) Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General— (A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained; (B) reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists; (C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the 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 General requires the emergency production of tangible things under this subsection. (2) If the Attorney General authorizes the emergency 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 approving the production of tangible things under this subsection, the production shall terminate when the information 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 requiring the emergency production of such tangible things, whichever is earliest. (4) A denial of the application made under this subsection may be reviewed as provided in this section. (5) If such application for approval is denied, or in any other case where the production of tangible things is terminated and no order is issued approving the production, no information obtained or evidence derived from such production shall be received in 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 from such production shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (6) The Attorney General shall assess compliance with the requirements of paragraph (5). . (b) Conforming amendment Section 501(d) ( 50 U.S.C. 1861(d) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required ; (B) in subparagraph (A), by striking such order and inserting such order or such emergency production ; and (C) in subparagraph (B), by striking the order and inserting the order or the emergency production ; and (2) in paragraph (2)— (A) in subparagraph (A), by striking an order and inserting an order or emergency production ; and (B) in subparagraph (B), by striking an order and inserting an order or emergency production . 103. Prohibition on bulk collection of tangible 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 semicolon and inserting , including each specific selection term to be used as the basis for the production; ; and (2) by adding at the end the following new paragraph: (3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection (b)(2). . 104. Judicial review of minimization procedures for the production of tangible things Section 501(c)(1) ( 50 U.S.C. 1861(c)(1) ) is amended by inserting after subsections (a) and (b) the following: and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g) . 105. Liability protection Section 501(e) ( 50 U.S.C. 1861(e) ) is amended to read as follows: (e) No cause of action shall lie in any court against a person who produces tangible things or provides information, facilities, or technical assistance pursuant to an order issued or an emergency production required under this section. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. . 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 compensate, at the prevailing rate, a person for producing tangible things or providing information, facilities, or assistance in accordance with an order issued or an emergency production required under this section. . 107. Definitions Section 501 ( 50 U.S.C. 1861 ), as amended by section 106 of this Act, is further amended by adding at the end the following new subsection: (k) Definitions In this section: (1) Call detail record defined The term call detail record — (A) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call; and (B) does not include— (i) the contents of any communication (as defined in section 2510(8) of title 18, United States Code); (ii) the name, address, or financial information of a subscriber or customer; or (iii) cell site location information. (2) Specific selection term The term specific selection term means a term used to uniquely describe a person, entity, or account. . 108. Inspector general reports on business records orders Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 120 Stat. 200) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2012 through 2014 after 2006 ; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (D) in paragraph (3) (as so redesignated)— (i) by striking subparagraph (C) and inserting the following new subparagraph: (C) with respect to calendar years 2012 through 2014, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) and whether the minimization procedures adequately protect the constitutional rights of United States persons; ; and (ii) in subparagraph (D), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) )) ; (2) in subsection (c), by adding at the end the following new paragraph: (3) Calendar years 2012 through 2014 Not later than December 31, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives 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 following new subsection: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2012, and ending on December 31, 2014, the Inspector General of the Intelligence Community shall assess— (A) the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) to the activities of the intelligence community; (B) the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; (C) the minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and (D) any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act ( 50 U.S.C. 1803(a) ). (2) Submission date for assessment Not later than December 31, 2015, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 through 2014. ; (5) in subsection (e), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) and 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 Intelligence 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 reports 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 paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) and inserting Each report submitted under subsection (c) ; and (B) by striking subsection (d)(2) and inserting subsection (e)(2) ; and (7) by adding at the end the following new subsection: (g) Definitions In this section: (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 Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . 109. Effective date The amendments made by sections 101 through 103 shall take effect on the date that is 180 days after the date of the enactment of this Act. II FISA pen register and trap and trace device reform 201. Prohibition on bulk collection (a) Prohibition Section 402(c) ( 50 U.S.C. 1842(c) ) is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and . (b) Definition Section 401 ( 50 U.S.C. 1841 ) is amended by adding at the end the following new paragraph: (4) The term specific selection term has the meaning given the term in section 501. . 202. Minimization procedures (a) Definition Section 401 ( 50 U.S.C. 1841 ), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: (5) The term minimization procedures means— (A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device to minimize the retention and prohibit the dissemination of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (b) Application Section 402(c) ( 50 U.S.C. 1842(c) ), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: (4) a statement of proposed minimization procedures. . (c) Order Section 402(d) ( 50 U.S.C. 1842(d) ) is amended— (1) in paragraph (1), by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title before the period at the end; and (2) in paragraph (2)(B)— (A) in clause (ii)(II), by striking ; and and inserting a semicolon; and (B) by adding at the end the following new clause: (iv) the minimization procedures be followed; and . (d) Compliance assessment Section 402 ( 50 U.S.C. 1842 ) is amended by adding at the end the following new subsection: (h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. . III FISA acquisitions targeting persons outside the United States reforms 301. Prohibition on reverse targeting Section 702(b)(2) ( 50 U.S.C. 1881a(b)(2) ) is amended by striking the purpose and inserting a purpose . 302. Minimization procedures Section 702(e)(1) ( 50 U.S.C. 1881a(e)(1) ) is amended— (1) by striking that meet and inserting the following: that— (A) meet ; (2) in subparagraph (A) (as designated by paragraph (1) of this section), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (B) consistent with such definition, minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States and prohibit the use of any discrete, non-target communication that is determined to be to or from a United States person or a person who appears to be located in the United States, except to protect against an immediate threat to human life. . 303. Limits on use of unlawfully obtained information 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 information (i) In general Except as provided in clause (ii), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under subparagraph (B) concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, 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 without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (ii) Exception If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . IV Foreign Intelligence Surveillance Court reforms 401. Appointment of amicus curiae Section 103 ( 50 U.S.C. 1803 ) is amended by adding at the end the following new subsection: (i) Amicus curiae (1) Authorization A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time— (A) shall appoint an individual to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a written finding that such appointment is not appropriate; and (B) may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. (2) Designation The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area of law that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information. (3) Duties An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. (4) Notification The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1). (5) Assistance A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection. (6) Administration A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual appointed to serve as amicus curiae under paragraph (1) in a manner that is not inconsistent with this subsection. . 402. Declassification of decisions, orders, and opinions (a) Declassification Title VI ( 50 U.S.C. 1871 et seq. ) is amended— (1) in the heading, by striking Reporting Requirement and inserting Oversight ; and (2) by adding at the end the following new section: 602. Declassification of significant decisions, orders, and opinions (a) Declassification required Subject to subsection (b), the Attorney General shall conduct a declassification review of each 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 construction or interpretation of any provision of this Act and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. (b) Redacted form The Attorney General may satisfy the requirement under subsection (a) to make a 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 Attorney General may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if the Attorney General— (1) determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and (2) makes publicly available an unclassified summary of such decision, order, or opinion. . (b) Table of contents amendments The table of contents in the first section is amended— (1) by striking the item relating to title VI and inserting the following new item: TITLE VI—OVERSIGHT ; and (2) by inserting after the item relating to section 601 the following new item: Sec. 602. Declassification of significant decisions, orders, and opinions. . V National Security Letter reform 501. Prohibition on bulk collection (a) Counterintelligence access to telephone toll and transactional records Section 2709(b) of title 18, United States Code, is amended in the matter preceding paragraph (1) by striking may and inserting may, using a specific selection term as the basis for a request . (b) Access to financial records for certain intelligence and protective purposes Section 1114(a)(2) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(2) ) is amended by striking the period and inserting and a specific selection term to be used as the basis for the production and disclosure of financial records. . (c) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) ) is amended by striking that information, and inserting that information that includes a specific selection term to be used as the basis for the production of that information, . (d) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ) is amended by striking analysis. and inserting analysis and a specific selection term to be used as the basis for the production of such information. . (e) Definitions (1) Counterintelligence Access to Telephone Toll and Transactional Records Section 2709 of title 18, United States Code, is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (2) Access to financial records for certain intelligence and protective purposes Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ) is amended by adding at the end the following new subsection: (e) In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (3) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) is amended by adding at the end the following new subsection: (n) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (4) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v ) is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . VI FISA transparency and reporting requirements 601. Additional reporting on orders requiring production of business records Section 502(b) ( 50 U.S.C. 1862(b) ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (5), (6), and (7), respectively; and (2) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: (1) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things; (2) the total number of such orders either granted, modified, or denied; (3) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records; (4) the total number of such orders either granted, modified, or denied; . 602. Business records compliance reports to Congress (a) Business records productions Section 502(b) ( 50 U.S.C. 1862(b) ), as amended by section 601 of this Act, is further amended— (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) any compliance reviews conducted by the Federal Government of the production of tangible things under section 501; . (b) FISA authorities in general Section 601(a) ( 50 U.S.C. 1871(a) ) is amended— (1) in paragraph (4), by striking ; and and inserting a semicolon; (2) in paragraph (5), by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (6) any compliance reviews conducted by the Federal Government of electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, or acquisitions conducted under this Act. . 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered (a) In general Title VI ( 50 U.S.C. 1871 et seq. ), as amended by section 402 of this Act, is further amended by adding at the end the following new section: 603. Annual report on orders entered The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and make publicly available on an Internet website— (1) the number of orders entered under each of sections 105, 304, 402, 501, 702, 703, and 704; (2) the number of orders modified under each of those sections; (3) the number of orders denied under each of those sections; and (4) the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae. . (b) Table of contents amendment The table of contents in the first section, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by such section 402, the following new item: Sec. 603. Annual report on orders entered. . 604. Public reporting by persons subject to FISA orders (a) In general Title VI ( 50 U.S.C. 1871 et seq. ), as amended by section 603 of this Act, is further amended by adding at the end the following new section: 604. Public reporting by persons subject to orders (a) Reporting A person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures: (1) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 1000 starting with 0-999. (C) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999. (D) The number of orders under this Act for content, reported in bands of 1000 starting with 0-999. (E) With respect to content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under title I; and (ii) the number of customer selectors targeted under orders under title VII. (F) The number of orders under this Act for non-content, reported in bands of 1000 starting with 0-999. (G) With respect to non-content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under— (I) title I; (II) title IV; (III) title V with respect to applications described in section 501(b)(2)(B); and (IV) title V with respect to applications described in section 501(b)(2)(C); and (ii) the number of customer selectors targeted under orders under title VII. (2) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The total number of all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (C) The total number of customer selectors targeted under all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (3) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 500 starting with 0-499. (C) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499. (D) The number of orders under this Act for content, reported in bands of 500 starting with 0-499. (E) The number of customer selectors targeted under such orders, in bands of 500 starting with 0-499. (F) The number of orders under this Act for non-content, reported in bands of 500 starting with 0-499. (G) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499. (b) National security letter defined The term national security letter means any of the following provisions: (1) Section 2709 of title 18, United States Code. (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ). (3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) , 1681u(b)). (4) Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ). . (b) Table of contents amendment The table of contents in the first section, as amended by section 603 of this Act, is further amended by inserting after the item relating to section 603, as added by section 603 of this Act, the following new item: Sec. 604. Public reporting by persons subject to orders. . 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) ( 50 U.S.C. 1871(c) ) is amended to read as follows: (1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion that includes a significant construction or interpretation of any provision of this Act or a denial of a request for an order or a modification of a request for an order, or results in a change of application of any provision of this Act or a new application of any provision of this Act— (A) a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and (B) with respect to such decision, order, or opinion, a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and . 606. Submission of reports under FISA (a) Electronic surveillance Section 108(a)(1) ( 50 U.S.C. 1808(a)(1) ) is amended by striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate . (b) Physical searches Section 306 ( 50 U.S.C. 1826 ) is amended— (1) in the first sentence, by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting Permanent Select Committee on 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 Representatives . (c) Pen register and trap and trace devices Section 406(b) ( 50 U.S.C. 1846(b) ) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (4) each department or agency on behalf of which the Government has made application for orders approving the use of pen registers or trap and trace devices under this title; and (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3). . (d) Access to certain business records and other tangible things Section 502(a) ( 50 U.S.C. 1862(a) ) is amended by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate . VII Sunsets 701. Sunsets (a) USA PATRIOT Improvement and Reauthorization Act of 2005 Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking June 1, 2015 and inserting December 31, 2017 . (b) Intelligence Reform and Terrorism Prevention Act of 2004 Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by striking June 1, 2015 and inserting December 31, 2017 .

May 15, 2014 Reported from the Committee on the Judiciary with an amendment May 15, 2014 Reported from the Select Committee on Intelligence (Permanent Select) with an amendment May 15, 2014 The Committee on Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: IIB 113th CONGRESS 2d Session H. R. 3361 IN THE SENATE OF THE UNITED STATES June 2, 2014 Received; read twice and referred to the Committee on the Judiciary AN ACT To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the USA FREEDOM Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. Title I—FISA business records reforms Sec. 101. Additional requirements for call detail records. Sec. 102. Emergency authority. Sec. 103. Prohibition on bulk collection of tangible things. Sec. 104. Judicial review of minimization procedures for the production of tangible things. Sec. 105. Liability protection. Sec. 106. Compensation for assistance. Sec. 107. Definitions. Sec. 108. Inspector general reports on business records orders. Sec. 109. Effective date. Sec. 110. Rule of construction. Title II—FISA pen register and trap and trace device reform Sec. 201. Prohibition on bulk collection. Sec. 202. Privacy procedures. Title III—FISA acquisitions targeting persons outside the United States reforms Sec. 301. Minimization procedures. Sec. 302. Limits on use of unlawfully obtained information. Title IV—Foreign Intelligence Surveillance Court reforms Sec. 401. Appointment of amicus curiae. Sec. 402. Declassification of decisions, orders, and opinions. Title V—National Security Letter reform Sec. 501. Prohibition on bulk collection. Title VI—FISA transparency and reporting requirements Sec. 601. Additional reporting on orders requiring production of business records. Sec. 602. Business records compliance reports to Congress. Sec. 603. Annual reports by the Government on orders entered. Sec. 604. Public reporting by persons subject to FISA orders. Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. Sec. 606. Submission of reports under FISA. Title VII—Sunsets Sec. 701. Sunsets. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). I FISA business records reforms 101. Additional requirements for call detail records (a) Application Section 501(b)(2) ( 50 U.S.C. 1861(b)(2) ) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking a statement and inserting in the case of an application other than an application described in subparagraph (C) (including an application for the production of call detail records other than in the manner described in subparagraph (C)), a statement ; and (B) in clause (iii), by striking ; and and inserting a semicolon; (2) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; and (3) by inserting after subparagraph (B) (as so redesignated) the following new subparagraph: (C) in the case of an application for the production on a daily basis of call detail records created before, on, or after the date of the application relating to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism, a statement of facts showing that— (i) there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to such investigation; and (ii) there are facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power; and . (b) Order Section 501(c)(2) ( 50 U.S.C. 1861(c)(2) ) is amended— (1) in subparagraph (D), by striking ; and and inserting a semicolon; (2) in subparagraph (E), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (F) in the case of an application described in subsection (b)(2)(C), shall— (i) authorize the production on a daily basis of call detail records for a period not to exceed 180 days; (ii) provide that an order for such production may be extended upon application under subsection (b) and the judicial finding under paragraph (1); (iii) provide that the Government may require the prompt production of call detail records— (I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and (II) using call detail records with a direct connection to such specific selection term as the basis for production of a second set of call detail records; (iv) provide that, when produced, such records be in a form that will be useful to the Government; (v) direct each person the Government directs to produce call detail records under the order to furnish the Government forthwith all information, facilities, or technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such person is providing to each subject of the production; and (vi) direct the Government to— (I) adopt minimization procedures that require the prompt destruction of all call detail records produced under the order that the Government determines are not foreign intelligence information; and (II) destroy all call detail records produced under the order as prescribed by such procedures. . 102. Emergency authority (a) Authority Section 501 ( 50 U.S.C. 1861 ) is amended by adding at the end the following new subsection: (i) Emergency authority for production of tangible things (1) Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General— (A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained; (B) reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists; (C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the 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 General requires the emergency production of tangible things under this subsection. (2) If the Attorney General authorizes the emergency 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 approving the production of tangible things under this subsection, the production shall terminate when the information 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 requiring 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 section 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 approving the production, no information obtained or evidence derived from such production 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 from such production shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (6) The Attorney General shall assess compliance with the requirements of paragraph (5). . (b) Conforming amendment Section 501(d) ( 50 U.S.C. 1861(d) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required ; (B) in subparagraph (A), by striking such order and inserting such order or such emergency production ; and (C) in subparagraph (B), by striking the order and inserting the order or the emergency production ; and (2) in paragraph (2)— (A) in subparagraph (A), by striking an order and inserting an order or emergency production ; and (B) in subparagraph (B), by striking an order and inserting an order or emergency production . 103. Prohibition on bulk collection of tangible 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 semicolon and inserting , including each specific selection term to be used as the basis for the production; ; and (2) by adding at the end the following new paragraph: (3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection (b)(2). . 104. Judicial review of minimization procedures for the production of tangible things Section 501(c)(1) ( 50 U.S.C. 1861(c)(1) ) is amended by inserting after subsections (a) and (b) the following: and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g) . 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 information, facilities, or technical assistance pursuant to an order issued or an emergency production required under this section; or (B) otherwise provides technical assistance to the Government under this section or to implement the amendments made to this section by the USA FREEDOM Act. (2) A production or provision of information, facilities, or technical assistance described in paragraph (1) shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. . 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 compensate a person for reasonable expenses incurred for— (1) producing tangible things or providing information, facilities, or assistance in accordance with an order issued with respect to an application described in subsection (b)(2)(C) or an emergency production under subsection (i) that, to comply with subsection (i)(1)(D), requires an application described 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. . 107. Definitions Section 501 ( 50 U.S.C. 1861 ), as amended by section 106 of this Act, is further amended by adding at the end the following new subsection: (k) Definitions In this section: (1) Call detail record The term call detail record — (A) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call; and (B) does not include— (i) the contents of any communication (as defined in section 2510(8) of title 18, United States Code); (ii) the name, address, or financial information of a subscriber or customer; or (iii) cell site location information. (2) Specific selection term The term specific selection term means a discrete term, such as a term specifically identifying a person, entity, account, address, or device, used by the Government to limit the scope of the information or tangible things sought pursuant to the statute authorizing the provision of such information or tangible things to the Government. . 108. Inspector general reports on business records orders Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 120 Stat. 200) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2012 through 2014 after 2006 ; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (D) in paragraph (3) (as so redesignated)— (i) by striking subparagraph (C) and inserting the following new subparagraph: (C) with respect to calendar years 2012 through 2014, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) and whether the minimization procedures adequately protect the constitutional rights of United States persons; ; and (ii) in subparagraph (D), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) )) ; (2) in subsection (c), by adding at the end the following new paragraph: (3) Calendar years 2012 through 2014 Not later than December 31, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives 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 following new subsection: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2012, and ending on December 31, 2014, the Inspector General of the Intelligence Community shall assess— (A) the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) to the activities of the intelligence community; (B) the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; (C) the minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and (D) any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act ( 50 U.S.C. 1803(a) ). (2) Submission date for assessment Not later than 180 days after the date on which the Inspector General of the Department of Justice submits 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 Permanent 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 paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (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 Intelligence 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 reports 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 paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) and inserting Each report submitted under subsection (c) ; and (B) by striking subsection (d)(2) and inserting subsection (e)(2) ; and (7) by adding at the end the following new subsection: (g) Definitions In this section: (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 Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . 109. Effective date (a) In general The amendments made by sections 101 through 103 shall take effect on the date that is 180 days after the date of the enactment of this Act. (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 described in subsection (a) during the period ending on such effective date. 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 communication 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. ). II FISA pen register and trap and trace device reform 201. Prohibition on bulk collection (a) Prohibition Section 402(c) ( 50 U.S.C. 1842(c) ) is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and . (b) Definition Section 401 ( 50 U.S.C. 1841 ) is amended by adding at the end the following new paragraph: (4) The term specific selection term has the meaning given the term in section 501. . 202. Privacy procedures (a) In general Section 402 ( 50 U.S.C. 1842 ) is amended by adding at the end the following new subsection: (h) The Attorney General shall ensure that appropriate policies and procedures are in place to safeguard nonpublicly available information concerning United States persons that is collected through the use of a pen register or trap and trace device installed under this section. Such policies and procedures shall, to the maximum extent practicable and consistent with the need to protect national security, include protections for the collection, retention, and use of information concerning United States persons. . (b) Emergency authority Section 403 ( 50 U.S.C. 1843 ) is amended by adding at the end the following new subsection: (d) Information collected through the use of a pen register or trap and device installed under this section shall be subject to the policies and procedures required under section 402(h). . III FISA acquisitions targeting persons outside the United States reforms 301. Minimization procedures Section 702(e)(1) ( 50 U.S.C. 1881a(e)(1) ) is amended— (1) by striking that meet and inserting the following: that— (A) meet ; (2) in subparagraph (A) (as designated by paragraph (1) of this section), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (B) consistent with such definition— (i) minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States at the time of acquisition, consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; and (ii) prohibit the use of any discrete communication that is not to, from, or about the target of an acquisition and is to or from an identifiable United States person or a person reasonably believed to be located in the United States, except to protect against an immediate threat to human life. . 302. Limits on use of unlawfully obtained information 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 information (i) In general Except as provided in clause (ii), to the extent 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 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 approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (ii) Exception If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information obtained before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . IV Foreign Intelligence Surveillance Court reforms 401. Appointment of amicus curiae Section 103 ( 50 U.S.C. 1803 ) is amended by adding at the end the following new subsection: (i) Amicus curiae (1) Authorization A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time— (A) shall appoint an individual to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a written finding that such appointment is not appropriate; and (B) may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. (2) Designation The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information. (3) Duties An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. (4) Notification The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1). (5) Assistance A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection. (6) Administration A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual appointed to serve as amicus curiae under paragraph (1) in a manner that is not inconsistent with this subsection. . 402. Declassification of decisions, orders, and opinions (a) Declassification Title VI ( 50 U.S.C. 1871 et seq. ) is amended— (1) in the heading, by striking Reporting Requirement and inserting Oversight ; and (2) by adding at the end the following new section: 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 construction or interpretation of any provision of this Act, including a 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 construction or interpretation of a provision under this Act; and (B) that specifies that the statement has been prepared by the Attorney General and constitutes no part of the opinion of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. . (b) Table of contents amendments The table of contents in the first section is amended— (1) by striking the item relating to title VI and inserting the following new item: TITLE VI—OVERSIGHT ; and (2) by inserting after the item relating to section 601 the following new item: Sec. 602. Declassification of significant decisions, orders, and opinions. . V National Security Letter reform 501. Prohibition on bulk collection (a) Counterintelligence access to telephone toll and transactional records Section 2709(b) of title 18, United States Code, is amended in the matter preceding paragraph (1) by striking may and inserting may, using a specific selection term as the basis for a request . (b) Access to financial records for certain intelligence and protective purposes Section 1114(a)(2) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(2) ) is amended by striking the period and inserting and a specific selection term to be used as the basis for the production and disclosure of financial records. . (c) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) ) is amended by striking that information, and inserting that information that includes a specific selection term to be used as the basis for the production of that information, . (d) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ) is amended by striking analysis. and inserting analysis and a specific selection term to be used as the basis for the production of such information. . (e) Definitions (1) Counterintelligence Access to Telephone Toll and Transactional Records Section 2709 of title 18, United States Code, is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (2) Access to financial records for certain intelligence and protective purposes Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ) is amended by adding at the end the following new subsection: (e) In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (3) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) is amended by adding at the end the following new subsection: (n) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . (4) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v ) is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ). . VI FISA transparency and reporting requirements 601. Additional reporting on orders requiring production of business records Section 502(b) ( 50 U.S.C. 1862(b) ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (5), (6), and (7), respectively; and (2) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: (1) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things; (2) the total number of such orders either granted, modified, or denied; (3) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records; (4) the total number of such orders either granted, modified, or denied; . 602. Business records compliance reports to Congress Section 502(b) ( 50 U.S.C. 1862(b) ), as amended by section 601 of this Act, is further amended— (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) a summary of all compliance reviews conducted by the Federal Government of the production of tangible things under section 501; . 603. Annual reports by the Government on orders entered (a) In general Title VI ( 50 U.S.C. 1871 et seq. ), as amended by section 402 of this Act, is further amended by adding at the end the following new section: 603. Annual report on orders entered (a) Report by Director of the Administrative Office of the United States Courts The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and, subject to a declassification review by the Attorney General and Director of National Intelligence, make publicly available on an Internet website— (1) the number of orders entered under each of sections 105, 304, 402, 501, 702, 703, and 704; (2) the number of orders modified under each of those sections; (3) the number of orders denied under each of those sections; and (4) the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae. (b) Report by Director of National Intelligence The Director of National Intelligence shall annually make publicly available a report that identifies, for the preceding 12-month period— (1) the total number of orders issued pursuant titles I and III and sections 703 and 704 and the estimated number of targets affected by such orders; (2) the total number of orders issued pursuant to section 702 and the estimated number of targets affected by such orders; (3) the total number of orders issued pursuant to title IV and the estimated number of targets affected by such orders; (4) the total number of orders issued pursuant to applications made under section 501(b)(2)(B) and the estimated number of targets affected by such orders; (5) the total number of orders issued pursuant to applications made under section 501(b)(2)(C) and the estimated number of targets affected by such orders; and (6) the total number of national Security letters issued and the number of requests for information contained within such national security letters. (c) National security letter defined The term national security letter means any of the following provisions: (1) Section 2709 of title 18, United States Code. (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ). (3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) , 1681u(b)). (4) Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ). . (b) Table of contents amendment The table of contents in the first section, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by such section 402, the following new item: Sec. 603. Annual report on orders entered. . 604. Public reporting by persons subject to FISA orders (a) In general Title VI ( 50 U.S.C. 1871 et seq. ), as amended by section 603 of this Act, is further amended by adding at the end the following new section: 604. Public reporting by persons subject to orders (a) Reporting A person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures: (1) Subject to subsection (b), a report that aggregates the number of orders or national security letters the person was required to comply with in the following separate categories: (A) The number of national security letters received, reported in bands of 1000 starting with 0-999. (B) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999. (C) The number of orders under this Act for content, reported in bands of 1000 starting with 0-999. (D) With respect to content orders under this Act, in bands of 1000 starting with 0-999, the number of customer accounts affected under orders under title I; (E) The number of orders under this Act for non-content, reported in bands of 1000 starting with 0-999. (F) With respect to non-content orders under this Act, in bands of 1000 starting with 0-999, the number of customer accounts affected under orders under— (i) title IV; (ii) title V with respect to applications described in section 501(b)(2)(B); and (iii) title V with respect to applications described in section 501(b)(2)(C). (2) A report that aggregates the number of orders, directives, or national security letters the person was required to comply with in the following separate categories: (A) The total number of all national security process received, including all national security letters and orders or directives under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (B) The total number of customer selectors targeted under all national security process received, including all national security letters and orders or directives under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (3) Subject to subsection (b), a report that aggregates the number of orders or national security letters the person was required to comply with in the following separate categories: (A) The number of national security letters received, reported in bands of 500 starting with 0-499. (B) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499. (C) The number of orders under this Act for content, reported in bands of 500 starting with 0-499. (D) The number of customer selectors targeted under such orders, in bands of 500 starting with 0-499. (E) The number of orders under this Act for non-content, reported in bands of 500 starting with 0-499. (F) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499. (b) Period of time covered by reports With respect to a report described in paragraph (1) or (3) of subsection (a), such report shall only include information— (1) except as provided in paragraph (2), for the period of time ending on the date that is at least 180 days before the date of the publication of such report; and (2) with respect to an order under this Act or national security letter received with respect to a platform, product, or service for which a person did not previously receive such an order or national security letter (not including an enhancement to or iteration of an existing publicly available platform, product, or service), for the period of time ending on the date that is at least 2 years before the date of the publication of such report. (c) Other forms of agreed to publication Nothing in this section shall be construed to prohibit the Government and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section. (d) National security letter defined The term national security letter has the meaning given the term in section 603. . (b) Table of contents amendment The table of contents in the first section, as amended by section 603 of this Act, is further amended by inserting after the item relating to section 603, as added by section 603 of this Act, the following new item: Sec. 604. Public reporting by persons subject to orders. . 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) ( 50 U.S.C. 1871(c) ) is amended to read as follows: (1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, including any denial or modification of an application under this Act, that includes a significant construction or interpretation of any provision of this Act or results in a change of application of any provision of this Act or a new application of any provision of this Act, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and . 606. Submission of reports under FISA (a) Electronic surveillance Section 108(a)(1) ( 50 U.S.C. 1808(a)(1) ) is amended by striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate . (b) Physical searches Section 306 ( 50 U.S.C. 1826 ) is amended— (1) in the first sentence, by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting Permanent Select Committee on 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 Representatives . (c) Pen register and trap and trace devices Section 406(b) ( 50 U.S.C. 1846(b) ) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (4) each department or agency on behalf of which the Government has made application for orders approving the use of pen registers or trap and trace devices under this title; and (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3). . (d) Access to certain business records and other tangible things Section 502(a) ( 50 U.S.C. 1862(a) ) is amended by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate . VII Sunsets 701. Sunsets (a) USA PATRIOT Improvement and Reauthorization Act of 2005 Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( 50 U.S.C. 1805 note) is amended by striking June 1, 2015 and inserting December 31, 2017 . (b) Intelligence Reform and Terrorism Prevention Act of 2004 Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 1801 note) is amended by striking June 1, 2015 and inserting December 31, 2017 .

Passed the House of Representatives May 22, 2014. Karen L. Haas, Clerk.