Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 or the USA FREEDOM Act of 2014 - Title I: FISA Business Records Reforms - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new process to be followed when the Federal Bureau of Investigation (FBI) submits an application to a FISA court for an order requiring the production of tangible things (commonly referred to as business records) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities.
Requires the FBI to include in such tangible thing applications a specific selection term to be used as the basis for production.
Provides for applications seeking the production of call detail records to be considered under such revised tangible thing production requirements.
Defines "call detail record" as session identifying information (including an originating or terminating telephone number, an International Mobile Subscriber Identity number, or an International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call. Excludes from such definition: (1) the contents of any communication; (2) the name, address, or financial information of a subscriber or customer; or (3) cell site location information.
Establishes two separate frameworks for the production of such call detail records with different standards that apply based on whether the application seeks:
Requires the FBI, in applications seeking the production on a daily basis of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism, to include a statement of facts showing: (1) reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term are relevant to such investigation; and (2) a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power engaged in international terrorism or activities in preparation for such terrorism.
Requires a judge approving the release, on a daily basis, of call detail records created before, on, or after the date of application relating to an authorized investigation to protect against international terrorism to:
Requires applications and orders under FISA for production of call detail records in any other manner (other than in the manner required for a daily production of such records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism) to be considered under the standards applicable to all other applications and orders for the production of tangible things. (Thus, requires a specific selection term but does not subject the production to the additional requirements--including the reasonable, articulable suspicion standard regarding an association with a foreign power or an agent of a foreign power, the 180-day period limitation, the two-hop limitation, and the prompt destruction requirements for records that are not foreign intelligence information--that are applicable only to the daily production of call detail records created before, on, or after the date of the application relating to an authorized investigation to protect against international terrorism.)
Authorizes the Attorney General to require the emergency production of tangible things, without first obtaining a court order, if the Attorney General: (1) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing production can be obtained with due diligence, (2) reasonably determines that a factual basis exists for the issuance of such a production order, (3) informs a FISA judge of the decision to require such production at the time the emergency decision is made, and (4) makes an application to a FISA judge within seven days after the Attorney General requires such emergency production.
Terminates the authority for such emergency production of tangible things when the information sought is obtained, when the application for the order is denied, or after the expiration of seven days from the time the Attorney General begins requiring such emergency production, whichever is earliest.
Prohibits information obtained or evidence derived from such an emergency production from being received in evidence or disclosed in any proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a state, or a political subdivision if: (1) the subsequent application for court approval is denied, or (2) the production is terminated and no order is issued approving the production. Bars information concerning any U.S. person acquired from such production from being used or disclosed in any other manner by federal officers or employees without the consent of such person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm.
Requires FISA court orders approving the production of tangible things to include each specific selection term used as the basis for such production.
Prohibits FISA courts from authorizing the collection of tangible things without the use of a specific selection term.
Requires minimization procedures for orders in which the specific selection term does not specifically identify an individual, account, or personal device to prohibit the dissemination, and require the destruction within a reasonable time period specified in the order, of any information that has not been determined to relate to a person: (1) who is a subject of an authorized investigation, a foreign power, or a suspected agent of a foreign power; or (2) who is reasonably likely to have information about the activities of, or who is in contact with or known to, a subject of an authorized investigation or a suspected agent of a foreign power associated with a subject of an authorized investigation. Exempts from such minimization procedures tangible things or information that indicates a threat of death or serious bodily harm or that is disseminated to another element of the intelligence community for the sole purpose of determining whether it relates to such a person.
Requires a FISA court, as a condition to approving an application for a tangible thing production order, to find that the minimization procedures submitted with the application meet applicable FISA standards.
Removes a requirement that a judge considering a petition to modify or set aside a nondisclosure order treat as conclusive a certification by the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the FBI Director that disclosure may endanger national security or interfere with diplomatic relations.
Extends liability protections to: (1) persons required to provide information, facilities, or technical assistance for the production of tangible things; and (2) persons who provide technical assistance to the government for such production or to implement amendments made by this Act to FISA's requirements for such production. (Currently, liability protections are limited to persons who produce such tangible things.)
Requires the government to compensate a person for reasonable expenses incurred for: (1) producing tangible things or providing information, facilities, or assistance in accordance with an order issued for the production of daily-basis call detail records created before, on, or after the date of the application or an emergency production that requires an application for such daily-basis call records; or (2) providing such technical assistance to the government or to implement the tangible thing production amendments of this Act.
Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to require the Inspector General of the Department of Justice (DOJ) to audit the effectiveness and use of FISA authority to obtain production of tangible things from 2012 to 2014, including an examination of whether minimization procedures adopted by the Attorney General adequately protect the constitutional rights of U.S. persons. Directs the Inspector General of the Intelligence Community, for the same 2012-2014 period, to assess: (1) the importance of such information to the intelligence community; (2) the manner in which such information was collected, retained, analyzed, and disseminated; and (3) the adequacy of minimization procedures, including an assessment of any minimization procedures proposed by an element of the intelligence community that were modified or denied by the court.
Prohibits this Act from being construed to authorize the production of the contents of any electronic communication from an electronic communication service provider under such tangible thing requirements.
Title II: FISA Pen Register and Trap and Trace Device Reform - Requires the government's FISA applications for orders approving pen registers or trap and trace devices to include a narrowly limited specific selection term as the basis for the installation or use of the register or device.
Directs the Attorney General to ensure that appropriate procedures are in place to safeguard nonpublicly available information concerning U.S. persons that is collected through the use of a pen register or trap and trace device installed with FISA court approval. Requires such procedures to include privacy protections for the collection, retention, and use of information concerning U.S. persons.
Title III: FISA Acquisitions Targeting Persons Outside the United States Reforms - Sets forth limitations on the use of information obtained through an authorization by the Attorney General and the Director of National Intelligence (DNI) to target persons outside the United States other than U.S. persons. Requires, if the FISA court orders a correction of a certification or minimization procedures for such targeting, that no information obtained or evidence derived from an acquisition pursuant to the deficient part of the certification or procedures concerning a U.S. person be received in evidence or otherwise disclosed in any proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a state, or a political subdivision. Prohibits information concerning any U.S. person acquired pursuant to such part of such certification from being used or disclosed subsequently in any other manner by federal officers or employees without the consent of the U.S. person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm.
Title IV: Foreign Intelligence Surveillance Court Reforms - Directs the presiding judges of the FISA court and the FISA court of review to jointly appoint at least five attorneys to serve as special advocates. Requires such courts to designate such a special advocate attorney to serve as amicus curiae to assist in the consideration of questions of law that the FISA court certifies for review to the FISA court of review, as well as any application for an order or a review that presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate.
Requires such a special advocate to advocate in support of legal interpretations that advance individual privacy and civil liberties.
Permits such courts to allow an individual or organization to serve as amicus curiae or provide technical expertise in any other instance as such courts deem appropriate.
Allows the FISA court of review to: (1) certify a question of law to be reviewed by the Supreme Court, and (2) designate special advocates to provide briefings as prescribed by the Supreme Court.
Requires the DNI to: (1) conduct a declassification review of each decision, order, or opinion issued by the FISA court or the FISA court of review that includes a significant construction or interpretation of law, including any novel or significant construction or interpretation of "specific selection term" as defined in this Act; and (2) make such decisions, orders, or opinions publicly available to the greatest extent practicable, subject to permissible redactions.
Authorizes the DNI to waive such review and public availability requirements if: (1) a waiver is necessary to protect the national security of the United States or properly classified intelligence sources or methods, and (2) an unclassified statement prepared by the Attorney General is made publicly available to summarize the significant construction or interpretation of law.
Title V: National Security Letter Reform - Amends the federal criminal code, the Right to Financial Privacy Act of 1978, and the Fair Credit Reporting Act to require: (1) the FBI to use a term that specifically identifies a person, entity, telephone number, or account as the basis for requests (commonly referred to as "national security letters") to wire or electronic communication service providers for telephone toll and transactional records; (2) government authorities to use a term that specifically identifies a customer, entity, or account when requesting financial records for certain intelligence or protective functions; and (3) the FBI and government agencies to use a term that specifically identifies a consumer or account when requesting consumer reports from consumer reporting agencies for counterintelligence or counterterrorism purposes.
Revises nondisclosure procedures relating to such requests, as well as requests under the National Security Act of 1947, to require the FBI or the appropriate agency official to determine annually, and upon closure of an investigation, whether facts no longer support a nondisclosure requirement that prohibits the recipient of a production request from disclosing publicly that it has received such a request. Requires notification to the relevant wire or electronic service provider, financial institution, or consumer reporting agency if a nondisclosure requirement is no longer in effect.
Modifies procedures under which a recipient of a request may petition for judicial review of nondisclosure requirements. Removes a requirement that the court treat as conclusive a certification by the Attorney General, Deputy Attorney General, an Assistant Attorney General, or FBI Director that disclosure may endanger U.S. national security or interfere with diplomatic relations.
Title VI: FISA Transparency and Reporting Requirements - Requires the Attorney General to expand an annual report to Congress regarding tangible thing applications to include a summary of compliance reviews and the total number of: (1) applications made for the daily production of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism; and (2) orders approving such requests.
Directs the Administrative Office of the U.S. Courts to submit annually to Congress, and make available publicly on an Internet website, the number of: (1) FISA applications submitted and orders entered, modified, or denied under specified FISA authorities; and (2) appointments of an individual to serve as amicus curiae for FISA courts, including the name of each appointed individual, as well as any written findings that such an appointment is not appropriate. Makes the Internet availability of such information subject to a declassification review by the Attorney General and DNI.
Directs the DNI to make available publicly a report that identifies, for the preceding 12-month period, the total number of: (1) FISA court orders issued for electronic surveillance, physical searches, the targeting of persons outside the United States, pen registers and trap and trace devices, call detail records, and other tangible things; and (2) national security letters issued.
Requires specified reports to include the estimated number of: (1) targets affected; (2) individuals whose communications were collected, as well as individuals reasonably believed to have been in the United States at the time of collection; (3) search terms that included information concerning a U.S. person that were used to query a database of the contents of certain communications; and (4) search queries initiated by a U.S. officer, employee, or agent whose search terms included information concerning a U.S. person in any database of noncontents information relating to such communications.
Allows a phone number registered in the United States to provide the basis for a reasonable belief that the individual using the number is located in the United States at the time of collection.
Permits a person who is subject to a nondisclosure requirement accompanying a FISA order, directive, or national security letter to choose one of three methods to report publicly, on a semiannual or annual basis, the aggregate number of orders, directives, or letters with which the person was required to comply. Specifies the categories of orders, directives, and letters to be itemized, the details authorized to be included with respect to contents or noncontents orders and the number of customer accounts affected, and the ranges within which the number of orders, directives, or letters received may be reported aggregately in bands under each permitted method (i.e., reported in bands of 1000, 500, 250, or 100 depending on the chosen method).
Delays the time periods within which persons may make certain FISA-related disclosures by: (1) requiring reports to include information for the period ending not less than 180 days before the information is publicly reported in the case of a semiannual report (or the period ending not less than one year before the information is publicly reported in the case of an annual report); and (2) prohibiting disclosure until 540 days after a new order or directive is received with respect to a platform, product, or service for which a person did not previously receive such an order or directive.
Expands the categories of FISA court decisions, orders, or opinions that the Attorney General is required to submit to Congress within 45 days after issuance of the decision to include: (1) a denial or modification of an application under FISA; and (2) a change of the application, or a novel application, of any FISA provision. (Currently, the Attorney General is only required to submit decisions regarding a significant construction or interpretation of any FISA provision.)
Revises reporting requirements regarding electronic surveillance, physical searches, and tangible things to include the House Judiciary Committee as a recipient of such reports.
Requires the Attorney General to identify in an existing semiannual report each agency on behalf of which the government has applied for orders authorizing or approving the installation and use of pen registers or trap and trace devices under FISA.
Title VII: Sunsets - Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend until December 31, 2017 (thereby aligning the expiration date of the following provisions with the expiration date of provisions under the FISA Amendments Act of 2008), specified authority concerning: (1) the production of business records and other tangible things, (2) roving electronic surveillance orders, and (3) a revised definition of "agent of a foreign power" to include any non-U.S. person who engages in international terrorism or preparatory activities (commonly referred to as the "lone wolf" provision). (Currently, such provisions are scheduled to expire on June 1, 2015.)
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2685 Placed on Calendar Senate (PCS)]
Calendar No. 499
113th CONGRESS
2d Session
S. 2685
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
July 29, 2014
Mr. Leahy (for himself, Mr. Lee, Mr. Durbin, Mr. Heller, Mr. Franken,
Mr. Cruz, Mr. Blumenthal, Mr. Udall of New Mexico, Mr. Coons, Mr.
Heinrich, Mr. Markey, Ms. Hirono, Ms. Klobuchar, Mr. Whitehouse, Mr.
Schumer, and Mr. Sanders) introduced the following bill; which was read
the first time
July 30, 2014
Read the second time and placed on the calendar
_______________________________________________________________________
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 Ensuring Effective
Discipline Over Monitoring Act of 2014'' or the ``USA FREEDOM Act of
2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of
1978.
TITLE I--FISA BUSINESS RECORDS REFORMS
Sec. 101. Additional requirements for call detail records.
Sec. 102. Emergency authority.
Sec. 103. Prohibition on bulk collection of tangible things.
Sec. 104. Judicial review.
Sec. 105. Liability protection.
Sec. 106. Compensation for assistance.
Sec. 107. Definitions.
Sec. 108. Inspector General reports on business records orders.
Sec. 109. Effective date.
Sec. 110. Rule of construction.
TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM
Sec. 201. Prohibition on bulk collection.
Sec. 202. Privacy procedures.
TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED
STATES REFORMS
Sec. 301. Limits on use of unlawfully obtained information.
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
Sec. 401. Appointment of amicus curiae.
Sec. 402. Declassification of decisions, orders, and opinions.
TITLE V--NATIONAL SECURITY LETTER REFORM
Sec. 501. Prohibition on bulk collection.
Sec. 502. Limitations on disclosure of national security letters.
Sec. 503. Judicial review.
TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS
Sec. 601. Additional reporting on orders requiring production of
business records; business records
compliance reports to Congress.
Sec. 602. Annual reports by the Government.
Sec. 603. Public reporting by persons subject to FISA orders.
Sec. 604. Reporting requirements for decisions, orders, and opinions of
the Foreign Intelligence Surveillance Court
and the Foreign Intelligence Surveillance
Court of Review.
Sec. 605. Submission of reports under FISA.
TITLE VII--SUNSETS
Sec. 701. Sunsets.
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
TITLE I--FISA BUSINESS RECORDS REFORMS
SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.
(a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``a statement'' and inserting ``in the case of an
application other than an application described in
subparagraph (C) (including an application for the
production of call detail records other than in the
manner described in subparagraph (C)), a statement'';
and
(B) in clause (iii), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (D), respectively; and
(3) by inserting after subparagraph (B) (as so
redesignated) the following new subparagraph:
``(C) in the case of an application for the
production on a daily basis of call detail records
created before, on, or after the date of the
application relating to an authorized investigation
(other than a threat assessment) conducted in
accordance with subsection (a)(2) to protect against
international terrorism, a statement of facts showing
that--
``(i) there are reasonable grounds to
believe that the call detail records sought to
be produced based on the specific selection
term required under subparagraph (A) are
relevant to such investigation; and
``(ii) there is a reasonable, articulable
suspicion that such specific selection term is
associated with a foreign power engaged in
international terrorism or activities in
preparation therefor, or an agent of a foreign
power engaged in international terrorism or
activities in preparation therefor; and''.
(b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) in the case of an application described in
subsection (b)(2)(C), shall--
``(i) authorize the production on a daily
basis of call detail records for a period not
to exceed 180 days;
``(ii) provide that an order for such
production may be extended upon application
under subsection (b) and the judicial finding
under paragraph (1) of this subsection;
``(iii) provide that the Government may
require the prompt production of call detail
records--
``(I) using the specific selection
term that satisfies the standard
required under subsection (b)(2)(C)(ii)
as the basis for production; and
``(II) using call detail records
with a direct connection to such
specific selection term as the basis
for production of a second set of call
detail records;
``(iv) provide that, when produced, such
records be in a form that will be useful to the
Government;
``(v) direct each person the Government
directs to produce call detail records under
the order to furnish the Government forthwith
all information, facilities, or technical
assistance necessary to accomplish the
production in such a manner as will protect the
secrecy of the production and produce a minimum
of interference with the services that such
person is providing to each subject of the
production; and
``(vi) direct the Government to--
``(I) adopt minimization procedures
that require the prompt destruction of
all call detail records produced under
the order that the Government
determines are not foreign intelligence
information; and
``(II) destroy all call detail
records produced under the order as
prescribed by such procedures.''.
SEC. 102. EMERGENCY AUTHORITY.
(a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding
at the end the following new subsection:
``(i) Emergency Authority for Production of Tangible Things.--
``(1) Notwithstanding any other provision of this section,
the Attorney General may require the emergency production of
tangible things if the Attorney General--
``(A) reasonably determines that an emergency
situation requires the production of tangible things
before an order authorizing such production can with
due diligence be obtained;
``(B) reasonably determines that the factual basis
for the issuance of an order under this section to
approve such production of tangible things exists;
``(C) informs, either personally or through a
designee, a judge having jurisdiction under this
section at the time the Attorney General requires the
emergency production of tangible things that the
decision has been made to employ the authority under
this subsection; and
``(D) makes an application in accordance with this
section to a judge having jurisdiction under this
section as soon as practicable, but not later than 7
days after the Attorney General requires the emergency
production of tangible things under this subsection.
``(2) If the Attorney General authorizes the emergency
production of tangible things under paragraph (1), the Attorney
General shall require that the minimization procedures required
by this section for the issuance of a judicial order be
followed.
``(3) In the absence of a judicial order approving the
production of tangible things under this subsection, the
production shall terminate when the information sought is
obtained, when the application for the order is denied, or
after the expiration of 7 days from the time the Attorney
General begins requiring the emergency production of such
tangible things, whichever is earliest.
``(4) A denial of the application made under this
subsection may be reviewed as provided in section 103.
``(5) If such application for approval is denied, or in any
other case where the production of tangible things is
terminated and no order is issued approving the production, no
information obtained or evidence derived from such production
shall be received in evidence or otherwise disclosed in any
trial, hearing, or other proceeding in or before any court,
grand jury, department, office, agency, regulatory body,
legislative committee, or other authority of the United States,
a State, or a political subdivision thereof, and no information
concerning any United States person acquired from such
production shall subsequently be used or disclosed in any other
manner by Federal officers or employees without the consent of
such person, except with the approval of the Attorney General
if the information indicates a threat of death or serious
bodily harm to any person.
``(6) The Attorney General shall assess compliance with the
requirements of paragraph (5).''.
(b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``pursuant to an order'' and inserting
``pursuant to an order issued or an emergency
production required'';
(B) in subparagraph (A), by striking ``such order''
and inserting ``such order or such emergency
production''; and
(C) in subparagraph (B), by striking ``the order''
and inserting ``the order or the emergency
production''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``an order''
and inserting ``an order or emergency production''; and
(B) in subparagraph (B), by striking ``an order''
and inserting ``an order or emergency production''.
SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS.
(a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as
amended by section 101(a) of this Act, is further amended by inserting
before subparagraph (B), as redesignated by such section 101(a) of this
Act, the following new subparagraph:
``(A) a specific selection term to be used as the
basis for the production of the tangible things
sought;''.
(b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended--
(1) in paragraph (2)(A), by striking the semicolon and
inserting ``, including each specific selection term to be used
as the basis for the production;''; and
(2) by adding at the end the following new paragraph:
``(3) No order issued under this subsection may authorize the
collection of tangible things without the use of a specific selection
term that meets the requirements of subsection (b)(2).''.
(c) Minimization Procedures.--Section 501(g)(2) (50 U.S.C.
1861(g)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
(3) by inserting after subparagraph (B) the following:
``(C) for orders in which the specific selection
term does not specifically identify an individual,
account, or personal device, procedures that prohibit
the dissemination, and require the destruction within a
reasonable time period (which time period shall be
specified in the order), of any tangible thing or
information therein that has not been determined to
relate to a person who is--
``(i) a subject of an authorized
investigation;
``(ii) a foreign power or a suspected agent
of a foreign power;
``(iii) reasonably likely to have
information about the activities of--
``(I) a subject of an authorized
investigation; or
``(II) a suspected agent of a
foreign power who is associated with a
subject of an authorized investigation;
or
``(iv) in contact with or known to--
``(I) a subject of an authorized
investigation; or
``(II) a suspected agent of a
foreign power who is associated with a
subject of an authorized investigation,
unless the tangible thing or information therein
indicates a threat of death or serious bodily harm to
any person or is disseminated to another element of the
intelligence community for the sole purpose of
determining whether the tangible thing or information
therein relates to a person who is described in clause
(i), (ii), (iii), or (iv); and''; and
(4) in subparagraph (D), as so redesignated, by striking
``(A) and (B)'' and inserting ``(A), (B), and (C)''.
SEC. 104. JUDICIAL REVIEW.
(a) Minimization Procedures.--
(1) Judicial review.--Section 501(c)(1) (50 U.S.C.
1861(c)(1)) is amended by inserting after ``subsections (a) and
(b)'' the following: ``and that the minimization procedures
submitted in accordance with subsection (b)(2)(D) meet the
definition of minimization procedures under subsection (g)''.
(2) Technical and conforming amendment.--Section 501(g)(1)
(50 U.S.C. 1861(g)(1)) is amended--
(A) by striking ``Not later than 180 days after the
date of the enactment of the USA PATRIOT Improvement
and Reauthorization Act of 2005, the'' and inserting
``The''; and
(B) by inserting after ``adopt'' the following: ``,
and update as appropriate,''.
(b) Orders.--Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is amended--
(1) in subparagraph (A)(i)--
(A) by striking ``that order'' and inserting ``the
production order or any nondisclosure order imposed in
connection with the production order''; and
(B) by striking the second sentence; and
(2) in subparagraph (C)--
(A) by striking clause (ii); and
(B) by redesignating clause (iii) as clause (ii).
SEC. 105. LIABILITY PROTECTION.
Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:
``(e)(1) No cause of action shall lie in any court against a person
who--
``(A) produces tangible things or provides information,
facilities, or technical assistance in accordance with an order
issued or an emergency production required under this section;
or
``(B) otherwise provides technical assistance to the
Government under this section or to implement the amendments
made to this section by the USA FREEDOM Act of 2014.
``(2) A production or provision of information, facilities, or
technical assistance described in paragraph (1) shall not be deemed to
constitute a waiver of any privilege in any other proceeding or
context.''.
SEC. 106. COMPENSATION FOR ASSISTANCE.
Section 501 (50 U.S.C. 1861), as amended by section 102 of this
Act, is further amended by adding at the end the following new
subsection:
``(j) Compensation.--The Government shall compensate a person for
reasonable expenses incurred for--
``(1) producing tangible things or providing information,
facilities, or assistance in accordance with an order issued
with respect to an application described in subsection
(b)(2)(C) or an emergency production under subsection (i) that,
to comply with subsection (i)(1)(D), requires an application
described in subsection (b)(2)(C); or
``(2) otherwise providing technical assistance to the
Government under this section or to implement the amendments
made to this section by the USA FREEDOM Act of 2014.''.
SEC. 107. DEFINITIONS.
Section 501 (50 U.S.C. 1861), as amended by section 106 of this
Act, is further amended by adding at the end the following new
subsection:
``(k) Definitions.--In this section:
``(1) Address.--The term `address' means a physical address
or electronic address, such as an electronic mail address,
temporarily assigned network address, or Internet protocol
address.
``(2) Call detail record.--The term `call detail record'--
``(A) means session identifying information
(including an originating or terminating telephone
number, an International Mobile Subscriber Identity
number, or an International Mobile Station Equipment
Identity number), a telephone calling card number, or
the time or duration of a call; and
``(B) does not include--
``(i) the contents (as defined in section
2510(8) of title 18, United States Code) of any
communication;
``(ii) the name, address, or financial
information of a subscriber or customer; or
``(iii) cell site location information.
``(3) Specific selection term.--
``(A) In general.--Except as provided in
subparagraph (B), the term `specific selection term'--
``(i) means a term that specifically
identifies a person, account, address, or
personal device, or another specific
identifier, that is used by the Government to
narrowly limit the scope of tangible things
sought to the greatest extent reasonably
practicable, consistent with the purpose for
seeking the tangible things; and
``(ii) does not include a term that does
not narrowly limit the scope of the tangible
things sought to the greatest extent reasonably
practicable, consistent with the purpose for
seeking the tangible things, such as--
``(I) a term based on a broad
geographic region, including a city,
State, zip code, or area code, when not
used as part of a specific identifier
as described in clause (i); or
``(II) a term identifying an
electronic communication service
provider (as that term is defined in
section 701) or a provider of remote
computing service (as that term is
defined in section 2711 of title 18,
United States Code), when not used as
part of a specific identifier as
described in clause (i), unless the
provider is itself a subject of an
authorized investigation for which the
specific selection term is used as the
basis of production.
``(B) Call detail record applications.--For
purposes of an application submitted under subsection
(b)(2)(C), the term `specific selection term' means a
term that specifically identifies an individual,
account, or personal device.''.
SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.
Section 106A of the USA PATRIOT Improvement and Reauthorization Act
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and calendar
years 2012 through 2014'' after ``2006'';
(B) by striking paragraphs (2) and (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3) (as so redesignated)--
(i) by striking subparagraph (C) and
inserting the following new subparagraph:
``(C) with respect to calendar years 2012 through
2014, an examination of the minimization procedures
used in relation to orders under section 501 of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1861) and whether the minimization procedures
adequately protect the constitutional rights of United
States persons;''; and
(ii) in subparagraph (D), by striking ``(as
such term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C.
401a(4)))'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) Calendar years 2012 through 2014.--Not later than
December 31, 2015, the Inspector General of the Department of
Justice shall submit to the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives a report
containing the results of the audit conducted under subsection
(a) for calendar years 2012 through 2014.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(4) by inserting after subsection (c) the following new
subsection:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2012, and ending on December 31, 2014, the Inspector General of
the Intelligence Community shall assess--
``(A) the importance of the information acquired
under title V of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861 et seq.) to the activities
of the intelligence community;
``(B) the manner in which that information was
collected, retained, analyzed, and disseminated by the
intelligence community;
``(C) the minimization procedures used by elements
of the intelligence community under such title and
whether the minimization procedures adequately protect
the constitutional rights of United States persons; and
``(D) any minimization procedures proposed by an
element of the intelligence community under such title
that were modified or denied by the court established
under section 103(a) of such Act (50 U.S.C. 1803(a)).
``(2) Submission date for assessment.--Not later than 180
days after the date on which the Inspector General of the
Department of Justice submits the report required under
subsection (c)(3), the Inspector General of the Intelligence
Community shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives a report
containing the results of the assessment for calendar years
2012 through 2014.'';
(5) in subsection (e), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection
(c)(1) or (c)(2)'' and inserting ``any report
under subsection (c) or (d)''; and
(ii) by striking ``Inspector General of the
Department of Justice'' and inserting
``Inspector General of the Department of
Justice, the Inspector General of the
Intelligence Community, and any Inspector
General of an element of the intelligence
community that prepares a report to assist the
Inspector General of the Department of Justice
or the Inspector General of the Intelligence
Community in complying with the requirements of
this section''; and
(B) in paragraph (2), by striking ``the reports
submitted under subsections (c)(1) and (c)(2)'' and
inserting ``any report submitted under subsection (c)
or (d)'';
(6) in subsection (f), as redesignated by paragraph (3)--
(A) by striking ``The reports submitted under
subsections (c)(1) and (c)(2)'' and inserting ``Each
report submitted under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''; and
(7) by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(2) United states person.--The term `United States
person' has the meaning given that term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).''.
SEC. 109. EFFECTIVE DATE.
(a) In General.--The amendments made by sections 101 through 103
shall take effect on the date that is 180 days after the date of the
enactment of this Act.
(b) Rule of Construction.--Nothing in this Act shall be construed
to alter or eliminate the authority of the Government to obtain an
order under title V of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861 et seq.) as in effect prior to the effective date
described in subsection (a) during the period ending on such effective
date.
SEC. 110. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize the production
of the contents (as such term is defined in section 2510(8) of title
18, United States Code) of any electronic communication from an
electronic communication service provider (as such term is defined in
section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881(b)(4)) under title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM
SEC. 201. PROHIBITION ON BULK COLLECTION.
(a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2)--
(A) by striking ``a certification by the
applicant'' and inserting ``a statement of the facts
and circumstances relied upon by the applicant to
justify the belief of the applicant''; and
(B) by striking the period and inserting ``; and'';
and
(3) by adding at the end the following new paragraph:
``(3) a specific selection term to be used as the basis for
the installation or use of the pen register or trap and trace
device.''.
(b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding
at the end the following new paragraph:
``(4)(A) The term `specific selection term'--
``(i) means a term that specifically identifies a
person, account, address, or personal device, or
another specific identifier, that is used by the
Government to narrowly limit the scope of information
sought to the greatest extent reasonably practicable,
consistent with the purpose for the installation or use
of the pen register or trap and trace device; and
``(ii) does not include a term that does not
narrowly limit the scope of information sought to the
greatest extent reasonably practicable, consistent with
the purpose for the installation or use of the pen
register or trap and trace device, such as--
``(I) a term based on a broad geographic
region, including a city, State, zip code, or
area code, when not used as part of a specific
identifier as described in clause (i); or
``(II) a term identifying an electronic
communication service provider (as defined in
section 701) or a provider of remote computing
service (as that term is defined in section
2711 of title 18, United States Code), when not
used as part of a specific identifier as
described in clause (i), unless the provider is
itself a subject of an authorized investigation
for which the specific selection term is used
as the basis for the installation or use of the
pen register or trap and trace device.
``(B) For purposes of subparagraph (A), the term `address'
means a physical address or electronic address, such as an
electronic mail address, temporarily assigned network address,
or Internet protocol address.''.
SEC. 202. PRIVACY PROCEDURES.
(a) In General.--Section 402 (50 U.S.C. 1842) is amended by adding
at the end the following new subsection:
``(h) Privacy Procedures.--
``(1) In general.--The Attorney General shall ensure that
appropriate policies and procedures are in place to safeguard
nonpublicly available information concerning United States
persons that is collected through the use of a pen register or
trap and trace device installed under this section. Such
policies and procedures shall, to the maximum extent
practicable and consistent with the need to protect national
security, include privacy protections that apply to the
collection, retention, and use of information concerning United
States persons.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of the court
established under section 103(a) or of the Attorney General to
impose additional privacy or minimization procedures with
regard to the installation or use of a pen register or trap and
trace device.
``(3) Compliance assessment.--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 privacy procedures required by this
subsection by reviewing the circumstances under which
information concerning United States persons was collected,
retained, or disseminated.''.
(b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is amended
by adding at the end the following new subsection:
``(d) Privacy Procedures.--Information collected through the use of
a pen register or trap and trace device installed under this section
shall be subject to the policies and procedures required under section
402(h).''.
TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED
STATES REFORMS
SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.
Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at
the end the following new subparagraph:
``(D) Limitation on use of information.--
``(i) In general.--Except as provided in
clause (ii), if the Court orders a correction
of a deficiency in a certification or
procedures under subparagraph (B), no
information obtained or evidence derived
pursuant to the part of the certification or
procedures that has been identified by the
Court as deficient concerning any United States
person shall be received in evidence or
otherwise disclosed in any trial, hearing, or
other proceeding in or before any court, grand
jury, department, office, agency, regulatory
body, legislative committee, or other authority
of the United States, a State, or political
subdivision thereof, and no information
concerning any United States person acquired
pursuant to such part of such certification or
procedures shall subsequently be used or
disclosed in any other manner by Federal
officers or employees without the consent of
the United States person, except with the
approval of the Attorney General if the
information indicates a threat of death or
serious bodily harm to any person.
``(ii) Exception.--If the Government
corrects any deficiency identified by the order
of the Court under subparagraph (B), the Court
may permit the use or disclosure of information
obtained before the date of the correction
under such minimization procedures as the Court
shall establish for purposes of this clause.''.
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
SEC. 401. APPOINTMENT OF AMICUS CURIAE.
Section 103 (50 U.S.C. 1803) is amended by adding at the end the
following new subsection:
``(i) Amicus Curiae.--
``(1) Appointment of special advocates.--In consultation
with the Privacy and Civil Liberties Oversight Board, the
presiding judges of the courts established under subsections
(a) and (b) shall, not later than 180 days after the enactment
of this subsection, jointly appoint not fewer than 5 attorneys
to serve as special advocates, who shall serve pursuant to
rules the presiding judges may establish. Such individuals
shall be persons who possess expertise in privacy and civil
liberties, intelligence collection, telecommunications, or any
other relevant area of expertise and who are determined to be
eligible for access to classified information necessary to
participate in matters before the courts.
``(2) Authorization.--A court established under subsection
(a) or (b), consistent with the requirement of subsection (c)
and any other statutory requirement that the court act
expeditiously or within a stated time--
``(A) shall designate a special advocate to serve
as amicus curiae to assist such court in the
consideration of any certification pursuant to
subsection (j) or any application for an order or
review that, in the opinion of the court, presents a
novel or significant interpretation of the law, unless
the court issues a written finding that such
appointment is not appropriate; and
``(B) may designate or allow an individual or
organization to serve as amicus curiae or to provide
technical expertise in any other instance as such court
deems appropriate.
``(3) Rule of construction.--An application for an order or
review shall be considered to present a novel or significant
interpretation of the law if such application involves
application of settled law to novel technologies or
circumstances, or any other novel or significant construction
or interpretation of any provision of law or of the
Constitution of the United States, including any novel and
significant interpretation of the term `specific selection
term'.
``(4) Duties.--
``(A) In general.--If a court established under
subsection (a) or (b) designates a special advocate to
participate as an amicus curiae in a proceeding, the
special advocate--
``(i) shall advocate, as appropriate, in
support of legal interpretations that advance
individual privacy and civil liberties;
``(ii) shall have access to all relevant
legal precedent, and any application,
certification, petition, motion, or such other
materials as are relevant to the duties of the
special advocate;
``(iii) may consult with any other special
advocates regarding information relevant to any
assigned case, including sharing relevant
materials; and
``(iv) may request that the court appoint
technical and subject matter experts, not
employed by the Government, to be available to
assist the special advocate in performing the
duties of the special advocate.
``(B) Briefings or access to materials.--The
Attorney General shall periodically brief or provide
relevant materials to special advocates regarding
constructions and interpretations of this Act and
legal, technological and other issues related to
actions authorized by this Act.
``(C) Access to classified information.--
``(i) In general.--A special advocate,
experts appointed to assist a special advocate,
or any other amicus or technical expert
appointed by the court may have access to
classified documents, information, and other
materials or proceedings only if that
individual is eligible for access to classified
information and to the extent consistent with
the national security of the United States.
``(ii) Rule of construction.--Nothing in
this section shall be construed to require the
Government to provide information to a special
advocate, other amicus, or technical expert
that is privileged from disclosure.
``(5) Notification.--The presiding judges of the courts
established under subsections (a) and (b) shall notify the
Attorney General of each exercise of the authority to appoint
an individual to serve as amicus curiae under paragraph (1).
``(6) Assistance.--A court established under subsection (a)
or (b) may request and receive (including on a non-reimbursable
basis) the assistance of the executive branch in the
implementation of this subsection.
``(7) Administration.--A court established under subsection
(a) or (b) may provide for the designation, appointment,
removal, training, or other support for an individual appointed
to serve as a special advocate under paragraph (1) in a manner
that is not inconsistent with this subsection.
``(j) Review of FISA Court Decisions.--After issuing an order, a
court established under subsection (a) shall certify for review to the
court established under subsection (b) any question of law that the
court determines warrants such review because of a need for uniformity
or because consideration by the court established under subsection (b)
would serve the interests of justice. Upon certification of a question
of law under this paragraph, the court established under subsection (b)
may give binding instructions or require the entire record to be sent
up for decision of the entire matter in controversy.
``(k) Review of FISA Court of Review Decisions.--
``(1) Certification.--For any decision issued by the court
of review established under subsection (b) approving, in whole
or in part, an application by the Government under this Act,
such court may certify at any time, including after a decision,
a question of law to be reviewed by the Supreme Court of the
United States.
``(2) Special advocate briefing.--Upon certification of an
application under paragraph (1), the court of review
established under subsection (b) may designate a special
advocate to provide briefing as prescribed by the Supreme
Court.
``(3) Review.--The Supreme Court may review any question of
law certified under paragraph (1) by the court of review
established under subsection (b) in the same manner as the
Supreme Court reviews questions certified under section 1254(2)
of title 28, United States Code.
``(l) Payment for Service as Special Advocate.--A special advocate
designated in a proceeding pursuant to subsection (i)(2)(A) of this
section may seek, at the conclusion of the proceeding in which the
special advocate was designated, compensation for services provided
pursuant to the designation. A special advocate seeking compensation
shall be compensated in an amount reflecting fair compensation for the
services provided, as determined by the court designating the special
advocate and approved by the presiding judges of the courts established
under subsections (a) and (b).
``(m) Appropriations.--There are authorized to be appropriated to
the United States courts such sums as may be necessary to carry out the
provisions of this section. When so specified in appropriation acts,
such appropriations shall remain available until expended. Payments
from such appropriations shall be made under the supervision of the
Director of the Administrative Office of the United States Courts.''.
SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS.
(a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is
amended--
(1) in the heading, by striking ``REPORTING REQUIREMENT''
and inserting ``OVERSIGHT''; and
(2) by adding at the end the following new section:
``SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND
OPINIONS.
``(a) Declassification Required.--Subject to subsection (b), the
Director of National Intelligence, in consultation with the Attorney
General, shall conduct a declassification review of each decision,
order, or opinion issued by the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of Review (as defined in
section 601(e)) that includes a significant construction or
interpretation of law, including any novel or significant construction
or interpretation of the term `specific selection term', and,
consistent with that review, make publicly available to the greatest
extent practicable each such decision, order, or opinion.
``(b) Redacted Form.--The Director of National Intelligence, in
consultation with the Attorney General, may satisfy the requirement
under subsection (a) to make a decision, order, or opinion described in
such subsection publicly available to the greatest extent practicable
by making such decision, order, or opinion publicly available in
redacted form.
``(c) National Security Waiver.--The Director of National
Intelligence, in consultation with the Attorney General, may waive the
requirement to declassify and make publicly available a particular
decision, order, or opinion under subsection (a) if--
``(1) the Director of National Intelligence, in
consultation with the Attorney General, determines that a
waiver of such requirement is necessary to protect the national
security of the United States or properly classified
intelligence sources or methods; and
``(2) the Director of National Intelligence makes publicly
available an unclassified statement prepared by the Attorney
General, in consultation with the Director of National
Intelligence--
``(A) summarizing the significant construction or
interpretation of law, which shall include, to the
extent consistent with national security, each legal
question addressed by the decision and how such
question was resolved, in general terms the context in
which the matter arises, and a description of the
construction or interpretation of any statute,
constitutional provision, or other legal authority
relied on by the decision; and
``(B) that specifies that the statement has been
prepared by the Attorney General and constitutes no
part of the opinion of the Foreign Intelligence
Surveillance Court or the Foreign Intelligence
Surveillance Court of Review.''.
(b) Table of Contents Amendments.--The table of contents in the
first section is amended--
(1) by striking the item relating to title VI and inserting
the following new item:
``TITLE VI--OVERSIGHT'';
and
(2) by inserting after the item relating to section 601 the
following new item:
``Sec. 602. Declassification of significant decisions, orders, and
opinions.''.
TITLE V--NATIONAL SECURITY LETTER REFORM
SEC. 501. PROHIBITION ON BULK COLLECTION.
(a) Counterintelligence Access to Telephone Toll and Transactional
Records.--Section 2709(b) of title 18, United States Code, is amended
in the matter preceding paragraph (1) by striking ``may'' and inserting
``may, using a term that specifically identifies a person, entity,
telephone number, or account as the basis for a request''.
(b) Access to Financial Records for Certain Intelligence and
Protective Purposes.--Section 1114(a)(2) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the
period and inserting ``and a term that specifically identifies a
customer, entity, or account to be used as the basis for the production
and disclosure of financial records.''.
(c) Disclosures to FBI of Certain Consumer Records for
Counterintelligence Purposes.--Section 626 of the Fair Credit Reporting
Act (15 U.S.C. 1681u) is amended--
(1) in subsection (a), by striking ``that information,''
and inserting ``that information that includes a term that
specifically identifies a consumer or account to be used as the
basis for the production of that information,'';
(2) in subsection (b), by striking ``written request,'' and
inserting ``written request that includes a term that
specifically identifies a consumer or account to be used as the
basis for the production of that information,''; and
(3) in subsection (c), by inserting ``, which shall include
a term that specifically identifies a consumer or account to be
used as the basis for the production of the information,''
after ``issue an order ex parte''.
(d) Disclosures to Governmental Agencies for Counterterrorism
Purposes of Consumer Reports.--Section 627(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681v(a)) is amended by striking ``analysis.''
and inserting ``analysis and that includes a term that specifically
identifies a consumer or account to be used as the basis for the
production of such information.''.
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 that
receives a request under subsection (b), or officer,
employee, or agent thereof, shall disclose to any
person that 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) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A wire or electronic
communication service provider that receives a request
under subsection (b), or officer, employee, or agent
thereof, 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.--
``(A) In general.--In the case of any request under
subsection (b) for which a recipient has submitted a
notification to the Government under section
3511(b)(1)(A) or filed a petition for judicial review
under subsection (d)--
``(i) an appropriate official of the
Federal Bureau of Investigation shall, until
termination of the nondisclosure requirement,
review the facts supporting a nondisclosure
requirement annually and upon closure of the
investigation; and
``(ii) if, upon a review under clause (i),
the facts no longer support the nondisclosure
requirement, 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, and the court
as appropriate, that the nondisclosure
requirement is no longer in effect.
``(B) Closure of investigation.--Upon closure of
the investigation--
``(i) the Federal Bureau of Investigation
may petition the court before which a
notification or petition for judicial review
under subsection (d) has been filed for a
determination that disclosure may result in the
harm described in clause (i), (ii), (iii), or
(iv) of paragraph (1)(B), if it notifies the
recipient of such petition;
``(ii) the court shall review such a
petition pursuant to the procedures under
section 3511; and
``(iii) if the court determines that there
is reason to believe that disclosure may result
in the harm described in clause (i), (ii),
(iii), or (iv) of paragraph (1)(B), the Federal
Bureau of Investigation shall no longer be
required to conduct the annual review of the
facts supporting the nondisclosure requirement
under subparagraph (A).''.
(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--
(1) in subsection (a)(5), by striking subparagraph (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 that receives a request under
subsection (a), or officer, employee, or agent thereof,
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) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A financial institution that
receives a request under subsection (a), or officer,
employee, or agent thereof, 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.--
``(A) In general.--In the case of any request under
subsection (a) for which a recipient has submitted a
notification to the Government under section
3511(b)(1)(A) of title 18, United States Code, or filed
a petition for judicial review under subsection (d)--
``(i) an appropriate official of the
Federal Bureau of Investigation shall, until
termination of the nondisclosure requirement,
review the facts supporting a nondisclosure
requirement annually and upon closure of the
investigation; and
``(ii) if, upon a review under clause (i),
the facts no longer support the nondisclosure
requirement, 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, and the court as
appropriate, that the nondisclosure requirement
is no longer in effect.
``(B) Closure of investigation.--Upon closure of
the investigation--
``(i) the Federal Bureau of Investigation
may petition the court before which a
notification or petition for judicial review
under subsection (d) has been filed for a
determination that disclosure may result in the
harm described in clause (i), (ii), (iii), or
(iv) of paragraph (1)(B), if it notifies the
recipient of such petition;
``(ii) the court shall review such a
petition pursuant to the procedures under
section 3511 of title 18, United States Code;
and
``(iii) if the court determines that there
is reason to believe that disclosure may result
in the harm described in clause (i), (ii),
(iii), or (iv) of paragraph (1)(B), the Federal
Bureau of Investigation shall no longer be
required to conduct the annual review of the
facts supporting the nondisclosure requirement
under subparagraph (A).''.
(c) Identity of Financial Institutions and Credit Reports.--Section
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by
striking subsection (d) and inserting the following new subsection:
``(d) 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 (e) is provided, no
consumer reporting agency that receives a request under
subsection (a) or (b) or an order under subsection (c),
or officer, employee, or agent thereof, 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), (b), or
(c).
``(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) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency that
receives a request under subsection (a) or (b) or an
order under subsection (c), or officer, employee, or
agent thereof, 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 under subsection (a) or (b) or an order
under subsection (c) is issued 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.--
``(A) In general.--In the case of any request under
subsection (a) or (b) or order under subsection (c) for
which a recipient has submitted a notification to the
Government under section 3511(b)(1)(A) of title 18,
United States Code, or filed a petition for judicial
review under subsection (e)--
``(i) an appropriate official of the
Federal Bureau of Investigation shall, until
termination of the nondisclosure requirement,
review the facts supporting a nondisclosure
requirement annually and upon closure of the
investigation; and
``(ii) if, upon a review under clause (i),
the facts no longer support the nondisclosure
requirement, 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, and the court as
appropriate, that the nondisclosure requirement
is no longer in effect.
``(B) Closure of investigation.--Upon closure of
the investigation--
``(i) the Federal Bureau of Investigation
may petition the court before which a
notification or petition for judicial review
under subsection (e) has been filed for a
determination that disclosure may result in the
harm described in clause (i), (ii), (iii), or
(iv) of paragraph (1)(B), if it notifies the
recipient of such petition;
``(ii) the court shall review such a
petition pursuant to the procedures under
section 3511 of title 18, United States Code;
and
``(iii) if the court determines that there
is reason to believe that disclosure may result
in the harm described in clause (i), (ii),
(iii), or (iv) of paragraph (1)(B), the Federal
Bureau of Investigation shall no longer be
required to conduct the annual review of the
facts supporting the nondisclosure requirement
under subparagraph (A).''.
(d) Consumer Reports.--Section 627 of the Fair Credit Reporting Act
(15 U.S.C. 1681v) 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
consumer reporting agency that receives a request under
subsection (a), or officer, employee, or agent thereof,
shall disclose or specify in any consumer report, that
a government agency described in subsection (a) has
sought or obtained access to information or records
under subsection (a).
``(B) Certification.--The requirements of
subparagraph (A) shall apply if the head of the
government agency described in subsection (a), or a
designee, certifies that the absence of a prohibition
of disclosure under this subsection may result in--
``(i) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency that
receives a request under subsection (a), or officer,
employee, or agent thereof, 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 government agency described in
subsection (a) or a designee.
``(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 under subsection (a) is issued 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 the government 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 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.--
``(A) In general.--In the case of any request under
subsection (a) for which a recipient has submitted a
notification to the Government under section
3511(b)(1)(A) of title 18, United States Code, or filed
a petition for judicial review under subsection (d)--
``(i) an appropriate official of the agency
described in subsection (a) shall, until
termination of the nondisclosure requirement,
review the facts supporting a nondisclosure
requirement annually and upon closure of the
investigation; and
``(ii) if, upon a review under clause (i),
the facts no longer support the nondisclosure
requirement, an appropriate official of the
agency described in subsection (a) shall
promptly notify the consumer reporting agency,
or officer, employee, or agent thereof, subject
to the nondisclosure requirement, and the court
as appropriate, that the nondisclosure
requirement is no longer in effect.
``(B) Closure of investigation.--Upon closure of
the investigation--
``(i) the agency described in subsection
(a) may petition the court before which a
notification or petition for judicial review
under subsection (d) has been filed for a
determination that disclosure may result in the
harm described in clause (i), (ii), (iii), or
(iv) of paragraph (1)(B), if it notifies the
recipient of such petition;
``(ii) the court shall review such a
petition pursuant to the procedures under
section 3511 of title 18, United States Code;
and
``(iii) if the court determines that there
is reason to believe that disclosure may result
in the harm described in clause (i), (ii),
(iii), or (iv) of paragraph (1)(B), the agency
described in subsection (1) shall no longer be
required to conduct the annual review of the
facts supporting the nondisclosure requirement
under subparagraph (A).''.
(e) 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 that receives a request
under subsection (a), or officer, employee, or agent
thereof, 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) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A governmental or private entity
that receives a request under subsection (a), or
officer, employee, or agent thereof, 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) or a designee.
``(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.--
``(A) In general.--In the case of any request for
which a recipient has submitted a notification to the
Government under section 3511(b)(1)(A) of title 18,
United States Code, or filed a petition for judicial
review under subsection (c)--
``(i) an appropriate official of the
authorized investigative agency making the
request under subsection (a) shall, until
termination of the nondisclosure requirement,
review the facts supporting a nondisclosure
requirement annually and upon closure of the
investigation; and
``(ii) if, upon a review under clause (i),
the facts no longer support the nondisclosure
requirement, an appropriate official of the
authorized investigative agency making the
request under subsection (a) shall promptly
notify the recipient of the request, or
officer, employee, or agent thereof, subject to
the nondisclosure requirement, and the court as
appropriate, that the nondisclosure requirement
is no longer in effect.
``(B) Closure of investigation.--Upon closure of
the investigation--
``(i) the authorized investigative agency
making the request under subsection (a) may
petition the court before which a notification
or petition for judicial review under
subsection (c) has been filed for a
determination that disclosure may result in the
harm described in clause (i), (ii), (iii), or
(iv) of paragraph (1)(B), if it notifies the
recipient of such petition;
``(ii) the court shall review such a
petition pursuant to the procedures under
section 3511 of title 18, United States Code;
and
``(iii) if the court determines that there
is reason to believe that disclosure may result
in the harm described in clause (i), (ii),
(iii), or (iv) of paragraph (1)(B), the
authorized investigative agency shall no longer
be required to conduct the annual review of the
facts supporting the nondisclosure requirement
under subparagraph (A).''.
(f) 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 or order
for a report, records, or other information under
section 2709 of this title, section 626 or 627 of the
Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v),
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 or order, 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 or order. 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 a designee in a position
not lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office
designated by the Director, 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) a danger to the national security of the
United States;
``(B) interference with a criminal,
counterterrorism, or counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure 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 may
result in--
``(A) a danger to the national security of the
United States;
``(B) interference with a criminal,
counterterrorism, or counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.''.
SEC. 503. JUDICIAL REVIEW.
(a) Counterintelligence Access to Telephone Toll and Transactional
Records.--Section 2709 of title 18, United States Code, is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), 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
nondisclosure 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) is amended--
(1) by redesignating subsection (d) 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
nondisclosure 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 Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--
(1) by redesignating subsections (e) through (m) as
subsections (f) through (n), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Judicial Review.--
``(1) In general.--A request under subsection (a) or (b) or
an order under subsection (c) or a non-disclosure requirement
imposed in connection with such request under subsection (d)
shall be subject to judicial review under section 3511 of title
18, United States Code.
``(2) Notice.--A request under subsection (a) or (b) or an
order under subsection (c) shall include notice of the
availability of judicial review described in paragraph (1).''.
(d) Identity of Financial Institutions and Credit Reports.--Section
627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), 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).''.
(e) 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 (f) as
subsections (d) through (g), 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
nondisclosure requirement imposed in connection with such
request under subsection (b) 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).''.
TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS
SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF
BUSINESS RECORDS; BUSINESS RECORDS COMPLIANCE REPORTS TO
CONGRESS.
Section 502(b) (50 U.S.C. 1862(b)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting before paragraph (6) (as so redesignated)
the following new paragraphs:
``(1) a summary of all compliance reviews conducted by the
Government for the production of tangible things under section
501;
``(2) the total number of applications described in section
501(b)(2)(B) made for orders approving requests for the
production of tangible things;
``(3) the total number of such orders either granted,
modified, or denied;
``(4) the total number of applications described in section
501(b)(2)(C) made for orders approving requests for the
production of call detail records;
``(5) the total number of such orders either granted,
modified, or denied;''.
SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT.
(a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by
section 402 of this Act, is further amended by adding at the end the
following new section:
``SEC. 603. ANNUAL REPORTS.
``(a) Report by Director of the Administrative Office of the United
States Courts.--The Director of the Administrative Office of the United
States Courts shall annually submit to the Permanent Select Committee
on Intelligence and the Committee on the Judiciary of the House of
Representatives and the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate, subject to a declassification
review by the Attorney General and the Director of National
Intelligence, a report, made publicly available on an Internet Web
site, that includes--
``(1) the number of applications or certifications for
orders submitted under each of sections 105, 304, 402, 501,
702, 703, and 704;
``(2) the number of orders entered under each of those
sections;
``(3) the number of orders modified under each of those
sections;
``(4) the number of orders denied under each of those
sections;
``(5) the number of appointments of an individual to serve
as amicus curiae under section 103, including the name of each
individual appointed to serve as amicus curiae; and
``(6) the number of written findings issued under section
103(i) that such appointment is not appropriate and the text of
any such written findings.
``(b) Mandatory Reporting by Director of National Intelligence.--
``(1) In general.--Except as provided in subsection (e),
the Director of National Intelligence shall annually make
publicly available on an Internet Web site a report that
identifies, for the preceding 12-month period--
``(A) the total number of orders issued pursuant to
titles I and III and sections 703 and 704 and a good
faith estimate of the number of targets of such orders;
``(B) the total number of orders issued pursuant to
section 702 and a good faith estimate of--
``(i) the number of targets of such orders;
``(ii) the number of individuals whose
communications were collected pursuant to such
orders;
``(iii) the number of individuals whose
communications were collected pursuant to such
orders who are reasonably believed to have been
located in the United States at the time of
collection;
``(iv) the number of search terms that
included information concerning a United States
person that were used to query any database of
the contents of electronic communications or
wire communications obtained through the use of
an order issued pursuant to section 702; and
``(v) the number of search queries
initiated by an officer, employee, or agent of
the United States whose search terms included
information concerning a United States person
in any database of noncontents information
relating to electronic communications or wire
communications that were obtained through the
use of an order issued pursuant to section 702;
``(C) the total number of orders issued pursuant to
title IV and a good faith estimate of--
``(i) the number of targets of such orders;
``(ii) the number of individuals whose
communications were collected pursuant to such
orders; and
``(iii) the number of individuals whose
communications were collected pursuant to such
orders who are reasonably believed to have been
located in the United States at the time of
collection;
``(D) the total number of orders issued pursuant to
applications made under section 501(b)(2)(B) and a good
faith estimate of--
``(i) the number of targets of such orders;
``(ii) the number of individuals whose
communications were collected pursuant to such
orders; and
``(iii) the number of individuals whose
communications were collected pursuant to such
orders who are reasonably believed to have been
located in the United States at the time of
collection;
``(E) the total number of orders issued pursuant to
applications made under section 501(b)(2)(C) and a good
faith estimate of--
``(i) the number of targets of such orders;
``(ii) the number of individuals whose
communications were collected pursuant to such
orders;
``(iii) the number of individuals whose
communications were collected pursuant to such
orders who are reasonably believed to have been
located in the United States at the time of
collection; and
``(iv) the number of search terms that
included information concerning a United States
person that were used to query any database of
call detail records obtained through the use of
such orders; and
``(F) the total number of national security letters
issued and the number of requests for information
contained within such national security letters.
``(2) Basis for reasonable belief individual is located in
united states.--A phone number registered in the United States
may provide the basis for a reasonable belief that the
individual using the phone number is located in the United
States at the time of collection.
``(c) Discretionary Reporting by Director of National
Intelligence.--The Director of National Intelligence may annually make
publicly available on an Internet Web site a report that identifies,
for the preceding 12-month period--
``(1) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to titles I and III and sections 703 and 704
reasonably believed to have been located in the United States
at the time of collection whose information was reviewed or
accessed by an officer, employee, or agent of the United
States;
``(2) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to section 702 reasonably believed to have been
located in the United States at the time of collection whose
information was reviewed or accessed by an officer, employee,
or agent of the United States;
``(3) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to title IV reasonably believed to have been located
in the United States at the time of collection whose
information was reviewed or accessed by an officer, employee,
or agent of the United States;
``(4) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to applications made under section 501(b)(2)(B)
reasonably believed to have been located in the United States
at the time of collection whose information was reviewed or
accessed by an officer, employee, or agent of the United
States; and
``(5) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to applications made under section 501(b)(2)(C)
reasonably believed to have been located in the United States
at the time of collection whose information was reviewed or
accessed by an officer, employee, or agent of the United
States.
``(d) Timing.--The annual reports required by subsections (a) and
(b) and permitted by subsection (c) shall be made publicly available
during April of each year and include information relating to the
previous year.
``(e) Exceptions.--
``(1) Reporting by unique identifier.--If it is not
practicable to report the good faith estimates required by
subsection (b) and permitted by subsection (c) in terms of
individuals, the good faith estimates may be counted in terms
of unique identifiers, including names, account names or
numbers, addresses, or telephone or instrument numbers.
``(2) Statement of numerical range.--If a good faith
estimate required to be reported under clauses (ii) or (iii) of
each of subparagraphs (B), (C), (D), and (E) of paragraph (1)
of subsection (b) or permitted to be reported in subsection
(c), is fewer than 500, it shall exclusively be expressed as a
numerical range of `fewer than 500' and shall not be expressed
as an individual number.
``(3) Federal bureau of investigation.--Subparagraphs
(B)(iv), (B)(v), (D)(iii), (E)(iii), and (E)(iv) of paragraph
(1) of subsection (b) shall not apply to information or records
held by, or queries conducted by, the Federal Bureau of
Investigation.
``(4) Certification.--
``(A) In general.--If the Director of National
Intelligence concludes that a good faith estimate
required to be reported under subparagraph (B)(iii) or
(C)(iii) of paragraph (1) of subsection (b) cannot be
determined accurately, including through the use of
statistical sampling, the Director shall--
``(i) certify that conclusion in writing to
the Permanent Select Committee on Intelligence
and the Committee on the Judiciary of the House
of Representatives and the Select Committee on
Intelligence and the Committee on the Judiciary
of the Senate; and
``(ii) make such certification publicly
available on an Internet Web site.
``(B) Content.--
``(i) In general.--The certification
described in subparagraph (A) shall state with
specificity any operational, national security,
or other reasons why the Director of National
Intelligence has reached the conclusion
described in subparagraph (A).
``(ii) Good faith estimates of certain
individuals whose communications were collected
under orders issued under section 702.--A
certification described in subparagraph (A)
relating to a good faith estimate required to
be reported under subsection (b)(1)(B)(iii) may
include the information annually reported
pursuant to section 702(l)(3)(A).
``(iii) Good faith estimates of certain
individuals whose communications were collected
under orders issued under title iv.--If the
Director of National Intelligence determines
that a good faith estimate required to be
reported under subsection (b)(1)(C)(iii) cannot
be determined accurately as that estimate
pertains to electronic communications, but can
be determined accurately for wire
communications, the Director shall make the
certification described in subparagraph (A)
with respect to electronic communications and
shall also report the good faith estimate with
respect to wire communications.
``(C) Form.--A certification described in
subparagraph (A) shall be prepared in unclassified
form, but may contain a classified annex.
``(D) Timing.--If the Director of National
Intelligence continues to conclude that the good faith
estimates described in this paragraph cannot be
determined accurately, the Director shall annually
submit a certification in accordance with this
paragraph.
``(f) Construction.--Nothing in this section affects the lawfulness
or unlawfulness of any government surveillance activities described
herein.
``(g) Definitions.--In this section:
``(1) Contents.--The term `contents' has the meaning given
that term under section 2510 of title 18, United States Code.
``(2) Electronic communication.--The term `electronic
communication' has the meaning given that term under section
2510 of title 18, United States Code.
``(3) Individual whose communications were collected.--The
term `individual whose communications were collected' means any
individual--
``(A) who was a party to an electronic
communication or a wire communication the contents or
noncontents of which was collected; or
``(B)(i) who was a subscriber or customer of an
electronic communication service or remote computing
service; and
``(ii) whose records, as described in subparagraph
(A), (B), (D), (E), or (F) of section 2703(c)(2) of
title 18, United States Code, were collected.
``(4) National security letter.--The term `national
security letter' means a request for a report, records, or
other information under--
``(A) section 2709 of title 18, United States Code;
``(B) section 1114(a)(5)(A) of the Right to
Financial Privacy Act of 1978 (12 U.S.C.
3414(a)(5)(A));
``(C) subsection (a) or (b) of section 626 of the
Fair Credit Reporting Act (15 U.S.C. 1681u(a),
1681u(b)); or
``(D) section 627(a) of the Fair Credit Reporting
Act (15 U.S.C. 1681v(a)).
``(5) United states person.--The term `United States
person' means a citizen of the United States or an alien
lawfully admitted for permanent residence (as defined in
section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a))).
``(6) Wire communication.--The term `wire communication'
has the meaning given that term under section 2510 of title 18,
United States Code.''.
(b) Table of Contents Amendment.--The table of contents, as amended
by section 402 of this Act, is further amended by inserting after the
item relating to section 602, as added by section 402 of this Act, the
following new item:
``Sec. 603. Annual reports.''.
(c) Public 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--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``concerning different United States
persons''; and
(B) in subparagraph (A), by striking ``, excluding
the number of requests for subscriber information'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Content.--
``(A) In general.--Except as provided in
subparagraph (B), each report required under this
subsection shall include a good faith estimate of the
total number of requests described in paragraph (1)
requiring disclosure of information concerning--
``(i) United States persons; and
``(ii) persons who are not United States
persons.
``(B) Exception.--With respect to the number of
requests for subscriber information under section 2709
of title 18, United States Code, a report required
under this subsection need not separate the number of
requests into each of the categories described in
subparagraph (A).''.
(d) Stored Communications.--Section 2702(d) of title 18, United
States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2)(B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the number of accounts from which the Department of
Justice has received voluntary disclosures under subsection
(c)(4).''.
SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS.
(a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by
sections 402 and 602 of this Act, is further amended by adding at the
end the following new section:
``SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.
``(a) Reporting.--A person subject to a nondisclosure requirement
accompanying an order or directive under this Act or a national
security letter may, with respect to such order, directive, or national
security letter, publicly report the following information using 1 of
the following structures:
``(1) A semiannual report that aggregates the number of
orders or national security letters with which the person was
required to comply in the following separate categories:
``(A) The number of national security letters
received, reported in bands of 1000 starting with 0-
999.
``(B) The number of customer accounts affected by
national security letters, reported in bands of 1000
starting with 0-999.
``(C) The number of orders under this Act for
contents, reported in bands of 1000 starting with 0-
999.
``(D) With respect to contents orders under this
Act, in bands of 1000 starting with 0-999, the number
of customer selectors targeted under such orders.
``(E) The number of orders under this Act for
noncontents, reported in bands of 1000 starting with 0-
999.
``(F) With respect to noncontents orders under this
Act, in bands of 1000 starting with 0-999, the number
of customer selectors targeted under orders under--
``(i) title IV;
``(ii) title V with respect to applications
described in section 501(b)(2)(B); and
``(iii) title V with respect to
applications described in section 501(b)(2)(C).
``(2) A semiannual report that aggregates the number of
orders, directives, or national security letters with which the
person was required to comply in the following separate
categories:
``(A) The total number of all national security
process received, including all national security
letters and orders or directives under this Act,
combined, reported in bands of 0-249 and thereafter in
bands of 250.
``(B) The total number of customer selectors
targeted under all national security process received,
including all national security letters and orders or
directives under this Act, combined, reported in bands
of 0-249 and thereafter in bands of 250.
``(3) A semiannual report that aggregates the number of
orders or national security letters with which the person was
required to comply in the following separate categories:
``(A) The number of national security letters
received, reported in bands of 500 starting with 0-499.
``(B) The number of customer accounts affected by
national security letters, reported in bands of 500
starting with 0-499.
``(C) The number of orders under this Act for
contents, reported in bands of 500 starting with 0-499.
``(D) The number of customer selectors targeted
under such orders, reported in bands of 500 starting
with 0-499.
``(E) The number of orders under this Act for
noncontents, reported in bands of 500 starting with 0-
499.
``(F) The number of customer selectors targeted
under such orders, reported in bands of 500 starting
with 0-499.
``(4) An annual report that aggregates the number of
orders, directives, and national security letters the person
was required to comply with in the following separate
categories:
``(A) The total number of all national security
process received, including all national security
letters and orders or directives under this Act,
combined, reported in bands of 0-100 and thereafter in
bands of 100.
``(B) The total number of customer selectors
targeted under all national security process received,
including all national security letters and orders or
directives under this Act, combined, reported in bands
of 0-100 and thereafter in bands of 100.
``(b) Period of Time Covered by Reports.--
``(1) A report described in paragraph (1) or (3) of
subsection (a)--
``(A) may be published every 180 days;
``(B) subject to subparagraph (C), shall include--
``(i) with respect to information relating
to national security letters, information
relating to the previous 180 days; and
``(ii) with respect to information relating
to authorities under this Act, except as
provided in subparagraph (C), information
relating to the time period--
``(I) ending on the date that is
not less than 180 days before the date
on which the information is publicly
reported; and
``(II) beginning on the date that
is 180 days before the date described
in subclause (I); and
``(C) for a person that has received an order or
directive under this Act with respect to a platform,
product, or service for which a person did not
previously receive such an order or directive (not
including an enhancement to or iteration of an existing
publicly available platform, product, or service)--
``(i) shall not include any information
relating to such new order or directive until
540 days after the date on which such new order
or directive is received; and
``(ii) for a report published on or after
the date on which the 540-day waiting period
expires, shall include information relating to
such new order or directive reported pursuant
to subparagraph (B)(ii).
``(2) A report described in paragraph (2) of subsection (a)
may be published every 180 days and shall include information
relating to the previous 180 days.
``(3) A report described in paragraph (4) of subsection (a)
may be published annually and shall include information
relating to the time period--
``(A) ending on the date that is not less than 1
year before the date on which the information is
publicly reported; and
``(B) beginning on the date that is 1 year before
the date described in subparagraph (A).
``(c) Other Forms of Agreed to Publication.--Nothing in this
section prohibits the Government and any person from jointly agreeing
to the publication of information referred to in this subsection in a
time, form, or manner other than as described in this section.
``(d) Definitions.--In this section:
``(1) Contents.--The term `contents' has the meaning given
that term under section 2510 of title 18, United States Code.
``(2) National security letter.--The term `national
security letter' has the meaning given that term under section
603.''.
(b) Table of Contents Amendment.--The table of contents, as amended
by sections 402 and 602 of this Act, is further amended by inserting
after the item relating to section 603, as added by section 602 of this
Act, the following new item:
``Sec. 604. Public reporting by persons subject to orders.''.
SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND OPINIONS OF
THE FOREIGN INTELLIGENCE SURVEILLANCE COURT AND THE
FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.
Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read as
follows:
``(1) not later than 45 days after the date on which the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review issues a decision,
order, or opinion, including any denial or modification of an
application under this Act, that includes significant
construction or interpretation of any provision of law or
results in a change of application of any provision of this Act
or a novel application of any provision of this Act, a copy of
such decision, order, or opinion and any pleadings,
applications, or memoranda of law associated with such
decision, order, or opinion; and''.
SEC. 605. SUBMISSION OF REPORTS UNDER FISA.
(a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C.
1808(a)(1)) is amended by striking ``the House Permanent Select
Committee on Intelligence and the Senate Select Committee on
Intelligence, and the Committee on the Judiciary of the Senate,'' and
inserting ``the Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives and the
Select Committee on Intelligence and the Committee on the Judiciary of
the Senate''.
(b) Physical Searches.--The matter preceding paragraph (1) of
section 306 (50 U.S.C. 1826) is amended--
(1) in the first sentence, by striking ``Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate, and the
Committee on the Judiciary of the Senate,'' and inserting
``Permanent Select Committee on Intelligence and the Committee
on the Judiciary of the House of Representatives and the Select
Committee on Intelligence and the Committee on the Judiciary of
the Senate''; and
(2) in the second sentence, by striking ``and the Committee
on the Judiciary of the House of Representatives''.
(c) Pen Registers and Trap and Trace Devices.--Section 406(b) (50
U.S.C. 1846(b)) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
``(4) each department or agency on behalf of which the
Attorney General or a designated attorney for the Government
has made an application for an order authorizing or approving
the installation and use of a pen register or trap and trace
device under this title; and
``(5) for each department or agency described in paragraph
(4), each number described in paragraphs (1), (2), and (3).''.
(d) Access to Certain Business Records and Other Tangible Things.--
Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ``Permanent
Select Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence and the Committee on the Judiciary
of the Senate'' and inserting ``Permanent Select Committee on
Intelligence 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''.
TITLE VII--SUNSETS
SEC. 701. SUNSETS.
(a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization
Act of 2005 (50 U.S.C. 1805 note) is amended by striking ``June 1,
2015'' and inserting ``December 31, 2017''.
(b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1,
2015'' and inserting ``December 31, 2017''.
Calendar No. 499
113th CONGRESS
2d Session
S. 2685
_______________________________________________________________________
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.
_______________________________________________________________________
July 30, 2014
Read the second time and placed on the calendar
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5053-5055)
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S5055-5065)
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 499.
Motion to proceed to consideration of measure made in Senate. (consideration: CR S5902)
Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S5902; text: CR S5902)
Motion to proceed to measure considered in Senate. (consideration: CR S6079-6080)
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 58 - 42. Record Vote Number: 282. (consideration: CR S6079-6080; text: CR S6079)
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