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.
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.
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.
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 in threatened and the information is sought to assist that person.
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.
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.
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.
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.
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.
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.
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.
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.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1599 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1599
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 29, 2013
Mr. Leahy (for himself, Mr. Lee, Mr. Durbin, Mr. Heller, Mr.
Blumenthal, Ms. Murkowski, Ms. Hirono, Mr. Udall of New Mexico, Mr.
Begich, Ms. Baldwin, Mr. Heinrich, Mr. Markey, Mr. Udall of Colorado,
Ms. Warren, Mr. Merkley, Mr. Tester, Mr. Schatz, and Mr. Menendez)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniting and
Strengthening America by Fulfilling Rights and Ending Eavesdropping,
Dragnet-collection, and 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.
TITLE VIII--SEVERABILITY
Sec. 801. Severability.
TITLE I--FISA BUSINESS RECORDS REFORMS
SEC. 101. PRIVACY PROTECTIONS FOR BUSINESS RECORDS ORDERS.
(a) Privacy Protections.--
(1) In general.--Section 501(b) of the 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:
``SEC. 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''.
SEC. 102. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.
Section 106A of the USA PATRIOT Improvement and Reauthorization Act
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and calendar
years 2010 through 2013'' after ``2006'';
(B) by striking paragraphs (2) and (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3) (as so 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).''.
TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORMS
SEC. 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.
SEC. 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.
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.
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.''.
SEC. 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.
SEC. 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''.
SEC. 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.''.
SEC. 305. MODIFICATION OF FISA AMENDMENTS ACT OF 2008 SUNSET.
(a) Modification.--Section 403(b)(1) of the FISA Amendments Act of
2008 (Public Law 110-261; 50 U.S.C. 1881 note) is amended by striking
``December 31, 2017'' and inserting ``June 1, 2015''.
(b) Technical and Conforming Amendments.--Section 403(b)(2) of such
Act (Public Law 110-261; 122 Stat. 2474) is amended by striking
``December 31, 2017'' and inserting ``June 1, 2015''.
(c) Orders in Effect.--Section 404(b)(1) of such Act (Public Law
110-261; 50 U.S.C. 1801 note) is amended in the paragraph heading by
striking ``December 31, 2017'' and inserting ``June 1, 2015''.
SEC. 306. INSPECTOR GENERAL REVIEWS OF AUTHORITIES.
(a) Agency Assessments.--Section 702(l)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``authorized to acquire foreign 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''.
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
SEC. 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:
``TITLE IX--OFFICE OF THE SPECIAL ADVOCATE
``SEC. 901. DEFINITIONS.
``In this title:
``(1) Decision.--The term `decision' means a decision,
order, or opinion issued by the Foreign 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).
``SEC. 902. OFFICE OF THE SPECIAL ADVOCATE.
``(a) Establishment.--There is established within the judicial
branch of the United States an Office of the Special Advocate.
``(b) Special Advocate.--
``(1) In general.--The head of the Office is the Special
Advocate.
``(2) Appointment and term.--
``(A) Appointment.--The Chief Justice of the United
States shall appoint the Special 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 (C), (D), or (G)
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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.''.
SEC. 402. FOREIGN INTELLIGENCE SURVEILLANCE COURT DISCLOSURE OF
OPINIONS.
Section 103 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the 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.''.
SEC. 403. PRESERVATION OF RIGHTS.
Nothing in this title or an amendment made by this title shall be
construed--
(1) to provide the Attorney General with authority to
prevent the court established under section 103(a) of Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)), the
petition review pool established under section 103(e) of such
Act (50 U.S.C. 1803(e)), or the court of review established
under section 103(b) of such Act (50 U.S.C. 1803(b)) from
declassifying decisions or releasing information pursuant to
this title or an amendment made by this title; or
(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.
TITLE V--NATIONAL SECURITY LETTER REFORMS
SEC. 501. NATIONAL SECURITY LETTER AUTHORITY.
(a) Counterintelligence Access to Telephone Toll and Transactional
Records.--Section 2709 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``may--'' and all that 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:
``SEC. 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.
SEC. 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.''.
SEC. 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).''.
SEC. 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)''.
SEC. 505. NATIONAL SECURITY LETTER SUNSET.
(a) Repeal.--Effective on June 1, 2015--
(1) section 2709 of title 18, United States Code, is
amended to read as such provision read on October 25, 2001;
(2) section 1114 of the Right to Financial 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.
SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS.
Section 3511 of title 18, United States Code, is amended in
subsections (a), (c), and (d), by striking ``or 627(a)'' each place it
appears.
TITLE VI--FISA AND NATIONAL SECURITY LETTER TRANSPARENCY REFORMS
SEC. 601. THIRD-PARTY REPORTING ON FISA ORDERS AND NATIONAL SECURITY
LETTERS.
(a) In General.--Each electronic service provider may report
information to the public in accordance with this section about demands
and requests for information made by any Government entity under a
surveillance law, and is exempt in accordance with subsection (d) from
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).
SEC. 602. GOVERNMENT REPORTING ON FISA ORDERS.
(a) Electronic Surveillance.--
(1) Report of electronic surveillance.--Section 107 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1807)
is amended--
(A) by redesignating subsections (a) and (b) as
paragraphs (1) and (2), respectively;
(B) in the matter preceding paragraph (1) (as
redesignated by subparagraph (A) of this paragraph)--
(i) by striking ``In April'' and 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.''.
SEC. 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).''.
TITLE VII--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA
AUTHORITY
SEC. 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).
TITLE VIII--SEVERABILITY
SEC. 801. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
the application of the provision to any person or circumstance, is held
to be unconstitutional, the remainder of this Act and the amendments
made by this Act, and the application of the provisions of this Act and
the amendments made by this Act to any other person or circumstance,
shall not be affected thereby.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7618-7619)
Read twice and referred to the Committee on the Judiciary.
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