[Congressional Record Volume 159, Number 152 (Tuesday, October 29, 2013)]
[Senate]
[Pages S7618-S7633]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY (for himself, Mr. Lee, Mr. Durbin, Mr. Heller, Mr.
Blumenthal, Ms. Murkowski, Ms. Hirono, Mr. Udall of New Mexico,
Mr. Begich, Ms. Baldwin, Mr. Heinrich, Mr. Markey, Mr. Udall of
Colorado, Ms. Warren, Mr. Merkley, Mr. Tester, Mr. Schatz, and
Mr. Menendez):
S. 1599. 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; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, the Foreign Intelligence Surveillance Act,
or FISA, was enacted 35 years ago to limit the government's ability to
engage in domestic surveillance operations. In the years since
September 11, 2001, Congress has repeatedly expanded the scope of this
law to provide the government with broad new powers to gather
information about law-abiding Americans. No one underestimates the
threat this country continues to face, and we can all agree that the
intelligence community should be given necessary and appropriate tools
to help keep us safe. But we should also agree that there must be
reasonable limits on the surveillance powers we give to the government.
That is why I have consistently fought to curtail the sweeping powers
contained in the USA PATRIOT Act and FISA Amendments Act, while also
bolstering privacy protections and strengthening oversight. And that is
why I continue my efforts today by joining with Congressman Jim
Sensenbrenner, as well as members of Congress from both political
parties, to introduce the bipartisan USA FREEDOM Act of 2013.
Over the past several months, Americans have learned that government
surveillance programs conducted under FISA are far broader than
previously understood. Section 215 of the USA PATRIOT Act has for years
been secretly interpreted to authorize the dragnet collection of
Americans' phone records on an unprecedented scale, regardless of
whether those Americans have any connection to terrorist activities or
groups. The American public also learned more about the government's
broad collection of Internet data through the use of Section 702 of
FISA. And the world has learned that this surveillance has extended to
millions of individuals in the global community including some of our
allies and their leaders. These revelations have undermined Americans'
trust in our intelligence community and harmed our relationships with
some of our most important international partners.
While I do not condone the manner in which these and other highly
classified programs were disclosed, I agree with the Director of
National Intelligence that this debate about surveillance needed to
happen. It is a debate that some of us in Congress have been engaged in
for years. Since this summer, the Judiciary Committee convened two
public hearings and a classified briefing with officials from the
administration, including the Director of National Intelligence, the
Director of the National Security Agency, and the Deputy Attorney
General.
As a result of these hearings and the recent declassification of
documents by the administration, the public now knows about the
repeated and substantial legal and policy violations by the
[[Page S7619]]
NSA in its implementation of both Section 215 and Section 702. The
public now knows that, in addition to collecting phone call metadata on
millions of law-abiding Americans, the NSA collected, without a
warrant, the contents of tens of thousands of wholly domestic emails of
innocent Americans. The NSA also violated a FISA Court order by
regularly searching the Section 215 bulk phone records database without
meeting the standard imposed by the Court.
These repeated violations, which have occurred nearly every year that
these programs have been authorized by the FISA Court, led to several
reprimands from the FISA Court for what it called ``systemic
noncompliance'' by the government. In addition, the Court admonished
the government for making a series of substantial misrepresentations to
the Court about its activities. The NSA has assured Congress that these
problems have been corrected. Yet with each new revelation in the press
about new techniques developed by the NSA that intrude into the privacy
and everyday lives of Americans, I grow increasingly concerned about
the lack of sufficient oversight and accountability.
Last week, the Assistant to the President for Homeland Security and
Counterterrorism, Lisa Monaco, stated that the government should only
collect data ``because we need it and not just because we can.'' I
completely agree--and that is why the government's dragnet collection
of phone records should end. The government has not made a compelling
case that this program is an effective counterterrorism tool,
especially when balanced against the intrusion on Americans' privacy.
In fact, both the Director and the Deputy Director of the NSA have
testified before the Judiciary Committee that there is no evidence that
the Section 215 phone records collection program helped to thwart
dozens or even several terrorist plots.
It is clear that as the administration has become more open and
forthright about these programs, the facts have not matched the
rhetoric. It is time for serious and meaningful reforms to FISA in
order to restore the confidence of the American people in our
intelligence community. Modest transparency and oversight provisions
are a good first step, but by themselves they are insufficient to
protect the privacy rights and civil liberties of Americans. We must do
more.
The USA FREEDOM ACT is a legislative solution that comprehensively
addresses a range of surveillance authorities contained in FISA. I want
to thank Congressman Sensenbrenner for his dedicated work on this
bipartisan, bicameral piece of legislation that we are introducing
today. We are joined in this effort by members of Congress from both
chambers and across the political spectrum, and I want to thank the
following Senators for cosponsoring this legislation: Senator Lee,
Senator Durbin, Senator Heller, Senator Blumenthal, Senator Murkowski,
Senator Hirono, Senator Udall of New Mexico, Senator Begich, Senator
Baldwin, Senator Heinrich, Senator Markey, Senator Udall of Colorado,
Senator Warren, Senator Merkley, Senator Tester, and Senator Schatz.
Our bill will end the dragnet collection of phone records under
Section 215 of the PATRIOT Act by requiring that only documents or
records relevant and material to an investigation may be obtained, and
that they have some particular nexus to a specific foreign agent or
power. It will also ensure that the FISA pen register statute and
National Security Letters cannot be used to authorize similar dragnet
collection by applying the same standard. The bill also adds more
meaningful judicial review of Section 215 orders and raises the
standard for the government to obtain a gag order for every Section 215
order.
In addition to stopping the dragnet collection of phone records, our
legislation will address privacy concerns related to surveillance
conducted under the FISA Amendments Act, which allows the government to
gather vast amounts of Internet communications content by foreigners
located overseas. Given the technological nature of Internet
communications, we must vigilantly protect against the inadvertent
collection of the contents of the wholly domestic communications of
U.S. persons--something that the NSA acknowledged has happened before.
Our bill will place stricter limits on this type of collection, and
also require the government to obtain a court order prior to conducting
`back door' searches looking for the communications of U.S. persons in
databases collected without a warrant under Section 702 of FISA.
Finally, the USA FREEDOM Act will require enhanced accountability,
transparency, and oversight in the FISA process. Our bill builds on a
proposal by Senator Blumenthal to provide for the creation of a Special
Advocate who will advocate specifically for the protection of privacy
rights and civil liberties before the FISA Court, as well as a process
for publicly releasing FISA Court opinions containing significant
interpretations of law. Under the bill, public confidence in the
government's activities will also be strengthened by more detailed
public reporting about the numbers and types of FISA orders that are
issued.
Importantly, this measure requires new Inspector General reviews and
imposes new sunset dates. I have long believed that sunset provisions
are an important tool because nothing focuses the attention of Congress
or the Executive Branch like the looming chance that a law will end. It
is important to note that Section 215, which the government is using to
conduct dragnet phone records collection, will expire in June 2015
unless Congress decides otherwise. This bill also shortens the FISA
Amendments Act sunset by 2 years, and adds a new sunset for National
Security Letters. This aligns all of these FISA sunsets so that
Congress can address them comprehensively in 2015, rather than in a
piecemeal fashion.
These are all commonsense, bipartisan improvements that will ensure
appropriate limits are placed on the government's vast surveillance
powers. The American people deserve to know how laws governing
surveillance authorities are being interpreted and will implicate their
personal information and activities. The American people also deserve
to know whether these programs have proven sufficiently valuable as
counterterrorism tools to justify their extraordinary breadth. This
legislation will help to repair that trust deficit by providing
enhanced layers of transparency, oversight, and accountability to
ensure that we are protecting national security while restoring
protections for the privacy rights and civil liberties of law-abiding
Americans.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1599
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniting
and Strengthening America by Fulfilling Rights and Ending
Eavesdropping, Dragnet-collection, and Online Monitoring
Act'' or the ``USA FREEDOM Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FISA BUSINESS RECORDS REFORMS
Sec. 101. Privacy protections for business records orders.
Sec. 102. Inspector general reports on business records orders.
TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORMS
Sec. 201. Privacy protections for pen registers and trap and trace
devices.
Sec. 202. Inspector general reports on pen registers and trap and trace
devices.
TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED
STATES REFORMS
Sec. 301. Clarification on prohibition on searching of collections of
communications to conduct warrantless searches for the
communications of United States persons.
Sec. 302. Protection against collection of wholly domestic
communications.
Sec. 303. Prohibition on reverse targeting.
Sec. 304. Limits on use of unlawfully obtained information.
Sec. 305. Modification of FISA Amendments Act of 2008 sunset.
Sec. 306. Inspector general reviews of authorities.
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
Sec. 401. Office of the Special Advocate.
[[Page S7620]]
Sec. 402. Foreign Intelligence Surveillance Court disclosure of
opinions.
Sec. 403. Preservation of rights.
TITLE V--NATIONAL SECURITY LETTER REFORMS
Sec. 501. National security letter authority.
Sec. 502. Limitations on disclosure of national security letters.
Sec. 503. Judicial review.
Sec. 504. Inspector general reports on national security letters.
Sec. 505. National security letter sunset.
Sec. 506. Technical and conforming amendments.
TITLE VI--FISA AND NATIONAL SECURITY LETTER TRANSPARENCY REFORMS
Sec. 601. Third-party reporting on FISA orders and national security
letters.
Sec. 602. Government reporting on FISA orders.
Sec. 603. Government reporting on national security letters.
TITLE VII--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA
AUTHORITY
Sec. 701. Privacy and Civil Liberties Oversight Board subpoena
authority.
TITLE VIII--SEVERABILITY
Sec. 801. Severability.
TITLE I--FISA BUSINESS RECORDS REFORMS
SEC. 101. PRIVACY PROTECTIONS FOR BUSINESS RECORDS ORDERS.
(a) Privacy Protections.--
(1) In general.--Section 501(b) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(b)) is amended--
(A) in paragraph (1)(B), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs:
``(A) a statement of facts showing that there are
reasonable grounds to believe that the tangible things
sought--
``(i) are relevant and material to an authorized
investigation (other than a threat assessment) conducted in
accordance with subsection (a)(2) to--
``(I) obtain foreign intelligence information not
concerning a United States person; or
``(II) protect against international terrorism or
clandestine intelligence activities; and
``(ii) pertain to--
``(I) a foreign power or an agent of a foreign power;
``(II) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(III) an individual in contact with, or known to, a
suspected agent of a foreign power; and
``(B) a statement of proposed minimization procedures;
and''; and
(C) by adding at the end the following paragraph:
``(3) if the applicant is seeking a nondisclosure
requirement described in subsection (d), shall include--
``(A) the time period during which the Government believes
the nondisclosure requirement should apply;
``(B) a statement of facts showing that there are
reasonable grounds to believe that disclosure of particular
information about the existence or contents of the order
requiring the production of tangible things under this
section during such time period will result in--
``(i) endangering the life or physical safety of any
person;
``(ii) flight from investigation or prosecution;
``(iii) destruction of or tampering with evidence;
``(iv) intimidation of potential witnesses;
``(v) interference with diplomatic relations;
``(vi) alerting a target, an associate of a target, or the
foreign power of which the target is an agent, of the
interest of the Government in the target; or
``(vii) otherwise seriously endangering the national
security of the United States; and
``(C) an explanation of how the nondisclosure requirement
is narrowly tailored to address the specific harm identified
under subparagraph (B).''.
(2) Order.--Section 501(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--
(A) in paragraph (1)--
(i) by striking ``subsections (a) and (b)'' and inserting
``subsection (a) and paragraphs (1) and (2) of subsection (b)
and that the proposed minimization procedures meet the
definition of minimization procedures under subsection (g)'';
and
(ii) by striking the last sentence and inserting the
following: ``If the judge finds that the requirements of
subsection (b)(3) have been met, such order shall include a
nondisclosure requirement, which may apply for not longer
than 1 year, unless the facts justify a longer period of
nondisclosure, subject to the principles and procedures
described in subsection (d).''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by inserting before the semicolon
``, if applicable'';
(ii) in subparagraph (D), by striking ``and'' at the end;
(iii) in subparagraph (E), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following new subparagraph:
``(F) shall direct that the minimization procedures be
followed.''.
(3) Nondisclosure.--Section 501(d) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is
amended to read as follows:
``(d) Nondisclosure.--
``(1) In general.--No person who receives an order entered
under subsection (c) that contains a nondisclosure
requirement shall disclose to any person the particular
information specified in the nondisclosure requirement during
the time period to which the requirement applies.
``(2) Exception.--
``(A) In general.--A person who receives an order entered
under subsection (c) that contains a nondisclosure
requirement may disclose information otherwise subject to any
applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is necessary to
comply with the order;
``(ii) an attorney to obtain legal advice or assistance
regarding the order; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom an order is
directed under this section in the same manner as the person
to whom the order is directed.
``(C) Notice.--Any person who discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall notify the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person
making or intending to make a disclosure under clause (i) or
(iii) of subparagraph (A) shall identify to the Director or
such designee the person to whom such disclosure will be made
or to whom such disclosure was made prior to the request.
``(3) Extension.--The Director of the Federal Bureau of
Investigation, or a designee of the Director (whose rank
shall be no lower than Assistant Special Agent in Charge),
may apply for renewals of the prohibition on disclosure of
particular information about the existence or contents of an
order requiring the production of tangible things under this
section for additional periods of not longer than 1 year,
unless the facts justify a longer period of nondisclosure. A
nondisclosure requirement shall be renewed if a court having
jurisdiction under paragraph (4) determines that the
application meets the requirements of subsection (b)(3).
``(4) Jurisdiction.--An application for a renewal under
this subsection shall be made to--
``(A) a judge of the court established under section
103(a); or
``(B) a United States Magistrate Judge under chapter 43 of
title 28, United States Code, who is publicly designated by
the Chief Justice of the United States to have the power to
hear applications and grant orders for the production of
tangible things under this section on behalf of a judge of
the court established under section 103(a).''.
(4) Minimization.--Section 501(g) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is
amended--
(A) in paragraph (1), by striking ``Not later than'' and
all that follows and inserting ``At or before the end of the
period of time for the production of tangible things under an
order entered under this section or at any time after the
production of tangible things under an order entered under
this section, a judge may assess compliance with the
minimization procedures required by such order by reviewing
the circumstances under which information concerning United
States persons was acquired, retained, or disseminated.'';
and
(B) in paragraph (2)(A), by inserting ``acquisition and''
after ``to minimize the''.
(5) Conforming amendment.--Section 501(f)(1)(B) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(f)(1)(B)) is amended by striking ``an order imposed
under subsection (d)'' and inserting ``a nondisclosure
requirement imposed in connection with a production order''.
(b) Judicial Review.--Section 501(f)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2))
is amended--
(1) in subparagraph (A)(i)--
(A) by striking ``that order'' and inserting ``such
production order or any nondisclosure order imposed in
connection with such production order''; and
(B) by striking the second sentence;
(2) by striking subparagraph (C) and inserting the
following new subparagraph:
``(C) A judge considering a petition to modify or set aside
a nondisclosure order shall grant such petition unless the
court determines that--
``(i) there is reason to believe that disclosure of the
information subject to the nondisclosure requirement during
the time period in which such requirement is in effect will
result in--
``(I) endangering the life or physical safety of any
person;
``(II) flight from investigation or prosecution;
``(III) destruction of or tampering with evidence;
``(IV) intimidation of potential witnesses;
[[Page S7621]]
``(V) interference with diplomatic relations;
``(VI) alerting a target, an associate of a target, or the
foreign power of which the target is an agent, of the
interest of the Government in the target; or
``(VII) otherwise seriously endangering the national
security of the United States; and
``(ii) the nondisclosure requirement is narrowly tailored
to address the specific harm identified under clause (i).'';
and
(3) by adding at the end the following new subparagraph:
``(E) If a judge denies a petition to modify or set aside a
nondisclosure order under this paragraph, no person may file
another petition to modify or set aside such nondisclosure
order until the date that is one year after the date on which
such judge issues the denial of such petition.''.
(c) Emergency Authority for Access to Call Detail
Records.--
(1) In general.--Title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is
amended--
(A) by redesignating section 502 as section 503; and
(B) by inserting after section 501 the following new
section:
``SEC. 502. EMERGENCY AUTHORITY FOR ACCESS TO CALL DETAIL
RECORDS.
``(a) In General.--Notwithstanding any other provision of
this title, the Attorney General may require the production
of call detail records by the provider of a wire or
electronic communication service on an emergency basis if--
``(1) such records--
``(A) are relevant and material to an authorized
investigation (other than a threat assessment) conducted in
accordance with section 501(a)(2) to--
``(i) obtain foreign intelligence information not
concerning a United States person; or
``(ii) protect against international terrorism or
clandestine intelligence activities; and
``(B) pertain to--
``(i) a foreign power or an agent of a foreign power;
``(ii) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(iii) an individual in contact with, or known to, a
suspected agent of a foreign power; and
``(2) the Attorney General reasonably determines that--
``(A) an emergency requires the production of such records
before an order requiring such production can with due
diligence be obtained under section 501; and
``(B) the factual basis for issuance of an order under
section 501 to require the production of such records exists;
``(3) a judge referred to in section 501(b)(1) is informed
by the Attorney General or a designee of the Attorney General
at the time of the required production of such records that
the decision has been made to require such production on an
emergency basis; and
``(4) an application in accordance with section 501 is made
to such judge as soon as practicable, but not more than 7
days after the date on which the Attorney General requires
the production of such records under this section.
``(b) Termination of Authority.--
``(1) Termination.--In the absence of an order under
section 501 approving the production of call detail records
under subsection (a), the authority to require the production
of such records shall terminate at the earlier of--
``(A) when the information sought is obtained;
``(B) when the application for the order is denied under
section 501; or
``(C) 7 days after the time of the authorization by the
Attorney General.
``(2) Use of information.--If an application for an order
under section 501 for the production of call detail records
required to be produced pursuant to subsection (a) is denied,
or in any other case in which the emergency production of
call detail records under this section is terminated and no
order under section 501 is issued approving the required
production of such records, no information obtained or
evidence derived from such records shall be received in
evidence or otherwise disclosed in any trial, hearing, or
other proceeding in or before any court, grand jury,
department, office, agency, regulatory body, legislative
committee, or other authority of the United States, a State,
or political subdivision thereof, and no information
concerning any United States person acquired from such
records shall subsequently be used or disclosed in any other
manner by Federal officers or employees without the consent
of such person, except with the approval of the Attorney
General if the information indicates a threat of death or
serious bodily harm to any person.
``(c) Report.--The Attorney General shall annually submit
to the Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives
and the Select Committee on Intelligence and the Committee on
the Judiciary of the Senate a report containing the number of
times the authority under this section was exercised during
the calendar year covered by such report.
``(d) Call Detail Records Defined.--In this section, the
term `call detail records'--
``(1) means session identifying information (including
originating or terminating telephone number, International
Mobile Subscriber Identity number, or International Mobile
Station Equipment Identity number), telephone calling card
numbers, or the time or duration of a call; and
``(2) does not include--
``(A) the contents of any communication (as defined in
section 2510(8) of title 18, United States Code);
``(B) the name, address, or financial information of a
subscriber or customer; or
``(C) cell site location information.''.
(2) Table of contents amendment.--The table of contents in
the first section of the Foreign Intelligence Surveillance
Act of 1978 is amended by striking the item relating to
section 502 and inserting the following new items:
``502. Emergency authority for access to call detail records.
``503. Congressional oversight.''.
(3) Conforming amendment.--Section 102(b) of the USA
PATRIOT Improvement and Reauthorization Act of 2005 (50
U.S.C. 1805 note) is amended by striking ``sections 501, 502,
and'' and inserting ``title V and section''.
SEC. 102. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS
ORDERS.
Section 106A of the USA Patriot Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat.
200) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and calendar years
2010 through 2013'' after ``2006'';
(B) by striking paragraphs (2) and (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (3) (as so redesignated)--
(i) by striking subparagraph (C) and inserting the
following new subparagraph:
``(C) with respect to calendar years 2010 through 2013, an
examination of the minimization procedures used in relation
to orders under section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) and whether the
minimization procedures adequately protect the constitutional
rights of United States persons;''; and
(ii) in subparagraph (D), by striking ``(as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)))'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) Calendar years 2010 through 2013.--Not later than
December 31, 2014, the Inspector General of the Department of
Justice shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives a report
containing the results of the audit conducted under
subsection (a) for calendar years 2010 through 2013.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(4) by inserting after subsection (c) the following new
subsection:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2010, and ending on December 31, 2013, the Inspector General
of the Intelligence Community shall--
``(A) assess the importance of the information acquired
under title V of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861 et seq.) to the activities of the
intelligence community;
``(B) examine the manner in which that information was
collected, retained, analyzed, and disseminated by the
intelligence community;
``(C) describe any noteworthy facts or circumstances
relating to orders under such title;
``(D) examine any minimization procedures used by elements
of the intelligence community under such title and whether
the minimization procedures adequately protect the
constitutional rights of United States persons; and
``(E) examine any minimization procedures proposed by an
element of the intelligence community under such title that
were modified or denied by the court established under
section 103(a) of such Act (50 U.S.C. 1803(a)).
``(2) Submission date for assessment.--Not later than
December 31, 2014, the Inspector General of the Intelligence
Community shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representative a report
containing the results of the assessment for calendar years
2010 through 2013.''.
(5) in subsection (e), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection (c)(1) or
(c)(2)'' and inserting ``any report under subsection (c) or
(d)''; and
(ii) by striking ``Inspector General of the Department of
Justice'' and inserting ``Inspector General of the Department
of Justice, the Inspector General of the Intelligence
Community, and any Inspector General of an element of the
intelligence community that prepares a report to assist the
Inspector General of the Department of Justice or the
Inspector General of the Intelligence Community in complying
with the requirements of this section''; and
(B) in paragraph (2), by striking ``the reports submitted
under subsection (c)(1) and (c)(2)'' and inserting ``any
report submitted under subsection (c) or (d)'';
(6) in subsection (f), as redesignated by paragraph (3)--
[[Page S7622]]
(A) by striking ``The reports submitted under subsections
(c)(1) and (c)(2)'' and inserting ``Each report submitted
under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''; and
(7) by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given that term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
``(2) United states person.--The term `United States
person' has the meaning given that term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).''.
TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORMS
SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND
TRACE DEVICES.
(a) Application.--Section 402(c) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is
amended--
(1) in paragraph (1), by striking ``and'' at the end; and
(2) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) a statement of facts showing that there are
reasonable grounds to believe that the information sought--
``(A) is relevant and material to an authorized
investigation to obtain foreign intelligence information not
concerning a United States person or to protect against
international terrorism or clandestine intelligence
activities (other than a threat assessment), provided that
such investigation of a United States person is not conducted
solely upon the basis of activities protected by the First
Amendment to the Constitution of the United States; and
``(B) pertain to--
``(i) a foreign power or an agent of a foreign power;
``(ii) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(iii) an individual in contact with, or known to, a
suspected agent of a foreign power; and
``(3) a statement of proposed minimization procedures.''.
(b) Minimization.--
(1) Definition.--Section 401 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841) is amended by
adding at the end the following new paragraph:
``(4) The term `minimization procedures' means--
``(A) specific procedures that are reasonably designed in
light of the purpose and technique of an order for the
installation and use of a pen register or trap and trace
device, to minimize the acquisition and retention, and
prohibit the dissemination, of nonpublicly available
information concerning unconsenting United States persons
consistent with the need of the United States to obtain,
produce, and disseminate foreign intelligence information;
``(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information,
as defined in section 101(e)(1), shall not be disseminated in
a manner that identifies any United States person, without
such person's consent, unless such person's identity is
necessary to understand foreign intelligence information or
assess its importance; and
``(C) notwithstanding subparagraphs (A) and (B), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is
about to be committed and that is to be retained or
disseminated for law enforcement purposes.''.
(2) Procedures required.--Section 402 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is
amended--
(A) in subsection (d)--
(i) in paragraph (1), by inserting ``and that the proposed
minimization procedures meet the definition of minimization
procedures under this title'' before the period at the end;
and
(ii) in paragraph (2)(B)--
(I) in clause (ii)(II), by striking ``and'' after the
semicolon; and
(II) by adding at the end the following new clause:
``(iv) the minimization procedures be followed; and''; and
(B) by adding at the end the following new subsection:
``(h) At or before the end of the period of time for which
the installation and use of a pen register or trap and trace
device is approved under an order or an extension under this
section, the judge may assess compliance with the
minimization procedures by reviewing the circumstances under
which information concerning United States persons was
acquired, retained, or disseminated.''.
(3) Emergencies.--Section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection:
``(c) If the Attorney General authorizes the emergency
installation and use of a pen register or trap and trace
device under this section, the Attorney General shall require
that minimization procedures required by this title for the
issuance of a judicial order be followed.''.
(4) Use of information.--Section 405(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1))
is amended by inserting ``and the minimization procedures
required under the order approving such pen register or trap
and trace device'' after ``of this section''.
(c) Transition Procedures.--
(1) Orders in effect.--Notwithstanding the amendments made
by this section, an order entered under section 402(d)(1) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842(d)(1)) that is in effect on the effective date of the
amendments made by this section shall remain in effect until
the expiration of the order.
(2) Extensions.--A request for an extension of an order
referred to in paragraph (1) shall be subject to the
requirements of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), as amended by this Act.
SEC. 202. INSPECTOR GENERAL REPORTS ON PEN REGISTERS AND TRAP
AND TRACE DEVICES.
(a) Audits.--The Inspector General of the Department of
Justice shall perform comprehensive audits of the
effectiveness and use, including any improper or illegal use,
of pen registers and trap and trace devices under title IV of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1841 et seq.) during the period beginning on January 1, 2010,
and ending on December 31, 2013.
(b) Requirements.--The audits required under subsection (a)
shall include--
(1) an examination of the use of pen registers and trap and
trace devices under such title for calendar years 2010
through 2013;
(2) an examination of the installation and use of a pen
register or trap and trace device on emergency bases under
section 403 of such Act (50 U.S.C. 1843);
(3) an examination of any noteworthy facts or circumstances
relating to the use of a pen register or trap and trace
device under such title, including any improper or illegal
use of the authority provided under such title; and
(4) an examination of the effectiveness of the authority
under such title as an investigative tool, including--
(A) the importance of the information acquired to the
intelligence activities of the Federal Bureau of
Investigation;
(B) the manner in which the information is collected,
retained, analyzed, and disseminated by the Federal Bureau of
Investigation, including any direct access to the information
provided to any other department, agency, or instrumentality
of Federal, State, local, or tribal governments or any
private sector entity;
(C) whether, and how often, the Federal Bureau of
Investigation used information acquired under a pen register
or trap and trace device under such title to produce an
analytical intelligence product for distribution within the
Federal Bureau of Investigation, to the intelligence
community, or to another department, agency, or
instrumentality of Federal, State, local, or tribal
governments; and
(D) whether, and how often, the Federal Bureau of
Investigation provided information acquired under a pen
register or trap and trace device under such title to law
enforcement authorities for use in criminal proceedings.
(c) Report.--Not later than December 31, 2014, the
Inspector General of the Department of Justice shall submit
to the Committee on the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on the Judiciary
and the Permanent Select Committee on Intelligence of the
House of Representatives a report containing the results of
the audits conducted under subsection (a) for calendar years
2010 through 2013.
(d) Intelligence Assessment.--
(1) In general.--For the period beginning January 1, 2010,
and ending on December 31, 2013, the Inspector General of the
Intelligence Community shall--
(A) assess the importance of the information to the
activities of the intelligence community;
(B) examine the manner in which the information was
collected, retained, analyzed, and disseminated;
(C) describe any noteworthy facts or circumstances relating
to orders under title IV of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841 et seq.); and
(D) examine any minimization procedures used by elements of
the intelligence community in relation to pen registers and
trap and trace devices under title IV of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 et
seq.) and whether the minimization procedures adequately
protect the constitutional rights of United States persons.
(2) Submission dates for assessment.--Not later than
December 31, 2014, the Inspector General of the Intelligence
Community shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representative a report
containing the results of the assessment for calendar years
2010 through 2013.
(e) Prior Notice to Attorney General and Director of
National Intelligence; Comments.--
(1) Notice.--Not later than 30 days before the submission
of any report under subsection (c) or (d), the Inspector
General of the Department of Justice and the Inspector
General of the Intelligence Community shall
[[Page S7623]]
provide the report to the Attorney General and the Director
of National Intelligence.
(2) Comments.--The Attorney General or the Director of
National Intelligence may provide such comments to be
included in any report submitted under subsection (c) or (d)
as the Attorney General or the Director of National
Intelligence may consider necessary.
(f) Unclassified Form.--Each report submitted under
subsection (c) and any comments included in that report under
subsection (e)(2) shall be in unclassified form, but may
include a classified annex.
(g) Definitions.--In this section--
(1) the terms ``Attorney General'', ``foreign intelligence
information'', and ``United States person'' have the meanings
given those terms in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801);
(2) the term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003);
(3) the term ``minimization procedures'' has the meaning
given that term in section 401 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841), as amended by this
Act; and
(4) the terms ``pen register'' and ``trap and trace
device'' have the meanings given those terms in section 3127
of title 18, United States Code.
TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED
STATES REFORMS
SEC. 301. CLARIFICATION ON PROHIBITION ON SEARCHING OF
COLLECTIONS OF COMMUNICATIONS TO CONDUCT
WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF
UNITED STATES PERSONS.
Section 702(b) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1881a(b)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
such subparagraphs, as so redesignated, an additional two ems
from the left margin;
(2) by striking ``An acquisition'' and inserting the
following:
``(1) In general.--An acquisition''; and
(3) by adding at the end the following new paragraph:
``(2) Clarification on prohibition on searching of
collections of communications of united states persons.--
``(A) In general.--Except as provided in subparagraph (B),
no officer or employee of the United States may conduct a
search of a collection of communications acquired under this
section in an effort to find communications of a particular
United States person (other than a corporation).
``(B) Concurrent authorization and exception for emergency
situations.--Subparagraph (A) shall not apply to a search for
communications related to a particular United States person
if--
``(i) such United States person is the subject of an order
or emergency authorization authorizing electronic
surveillance or physical search under section 105, 304, 703,
704, or 705, or title 18, United States Code, for the
effective period of that order;
``(ii) the entity carrying out the search has a reasonable
belief that the life or safety of such United States person
is threatened and the information is sought for the purpose
of assisting that person; or
``(iii) such United States person has consented to the
search.''.
SEC. 302. PROTECTION AGAINST COLLECTION OF WHOLLY DOMESTIC
COMMUNICATIONS.
(a) In General.--Section 702 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) limit the acquisition of the contents of any
communication to those communications--
``(i) to which any party is a target of the acquisition; or
``(ii) that contain an account identifier of a target of an
acquisition, only if such communications are acquired to
protect against international terrorism or the international
proliferation of weapons of mass destruction.''; and
(2) in subsection (i)(2)(B)--
(A) in clause (i), by striking ``; and'' and inserting a
semicolon;
(B) in clause (ii), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new clause:
``(iii) limit the acquisition of the contents of any
communication to those communications--
``(I) to which any party is a target of the acquisition; or
``(II) that contain an account identifier of the target of
an acquisition, only if such communications are acquired to
protect against international terrorism or the international
proliferation of weapons of mass destruction.''.
(b) Conforming Amendment.--Section 701 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881) is
amended--
(1) in subsection (a)--
(A) by inserting `` `international terrorism','' after ``
`foreign power',''; and
(B) by striking ``and `United States person' '' and
inserting `` `United States person', and `weapon of mass
destruction' ''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively; and
(B) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Account identifier.--The term `account identifier'
means a telephone or instrument number, other subscriber
number, email address, or username used to uniquely identify
an account.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date that is 180 days after
the date of the enactment of this Act.
SEC. 303. PROHIBITION ON REVERSE TARGETING.
Section 702(b)(1)(B) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a), as redesignated
by section 301(1) of this Act, is amended by striking ``the
purpose'' and inserting ``a significant purpose''.
SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.
Section 702(i)(3) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by striking
subparagraph (B) and inserting the following new
subparagraph:
``(B) Correction of deficiencies.--
``(i) In general.--If the Court finds that a certification
required by subsection (g) does not contain all of the
required elements, or that the procedures required by
subsections (d) and (e) are not consistent with the
requirements of those subsections or the Fourth Amendment to
the Constitution of the United States, the Court shall issue
an order directing the Government to, at the Government's
election and to the extent required by the order of the
Court--
``(I) correct any deficiency identified by the order of the
Court not later than 30 days after the date on which the
Court issues the order; or
``(II) cease, or not begin, the implementation of the
authorization for which such certification was submitted.
``(ii) Limitation on use of information.--
``(I) In general.--Except as provided in subclause (II), no
information obtained or evidence derived from an acquisition
pursuant to a certification or targeting or minimization
procedures subject to an order under clause (i) concerning
any United States person shall be received in evidence or
otherwise disclosed in any trial, hearing, or other
proceeding in or before any court, grand jury, department,
office, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or political
subdivision thereof, and no information concerning any United
States person acquired from the acquisition shall
subsequently be used or disclosed in any other manner by
Federal officers or employees without the consent of the
United States person, except with the approval of the
Attorney General if the information indicates a threat of
death or serious bodily harm to any person.
``(II) Exception.--If the Government corrects any
deficiency identified by the order of the Court under clause
(i), the Court may permit the use or disclosure of
information acquired before the date of the correction under
such minimization procedures as the Court shall establish for
purposes of this clause.''.
SEC. 305. MODIFICATION OF FISA AMENDMENTS ACT OF 2008 SUNSET.
(a) Modification.--Section 403(b)(1) of the FISA Amendments
Act of 2008 (Public Law 110-261; 50 U.S.C. 1881 note) is
amended by striking ``December 31, 2017'' and inserting
``June 1, 2015''.
(b) Technical and Conforming Amendments.--Section 403(b)(2)
of such Act (Public Law 110-261; 122 Stat. 2474) is amended
by striking ``December 31, 2017'' and inserting ``June 1,
2015''.
(c) Orders in Effect.--Section 404(b)(1) of such Act
(Public Law 110-261; 50 U.S.C. 1801 note) is amended in the
paragraph heading by striking ``December 31, 2017'' and
inserting ``June 1, 2015''.
SEC. 306. INSPECTOR GENERAL REVIEWS OF AUTHORITIES.
(a) Agency Assessments.--Section 702(l)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2))
is amended--
(1) in the matter preceding subparagraph (A), by striking
``authorized to acquire foreign intelligence information
under subsection (a)'' and inserting ``subject to the
targeting or minimization procedures approved under this
section'';
(2) in subparagraph (C), by inserting ``United States
persons or'' after ``later determined to be''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking ``such
review'' and inserting ``review conducted under this
paragraph'';
(B) in clause (ii), by striking ``and'' at the end;
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following new
clause:
``(iii) the Inspector General of the Intelligence
Community; and''.
(b) Inspector General of the Intelligence Community
Review.--
(1) Recurring reviews.--Section 702(l) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is
amended--
[[Page S7624]]
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) Inspector general of the intelligence community
review.--
``(A) In general.--The Inspector General of the
Intelligence Community is authorized to review the
acquisition, use, and dissemination of information acquired
under subsection (a) to review compliance with the targeting
and minimization procedures adopted in accordance with
subsections (d) and (e) and the guidelines adopted in
accordance with subsection (f), and in order to conduct the
review required under subparagraph (B).
``(B) Mandatory review.--The Inspector General of the
Intelligence Community shall review the procedures and
guidelines developed by the elements of the intelligence
community to implement this section, with respect to the
protection of the privacy rights of United States persons,
including--
``(i) an evaluation of the limitations outlined in
subsection (b), the procedures approved in accordance with
subsections (d) and (e), and the guidelines adopted in
accordance with subsection (f), with respect to the
protection of the privacy rights of United States persons;
and
``(ii) an evaluation of the circumstances under which the
contents of communications acquired under subsection (a) may
be searched in order to review the communications of
particular United States persons.
``(C) Consideration of other reviews and assessments.--In
conducting a review under subparagraph (B), the Inspector
General of the Intelligence Community shall take into
consideration, to the extent relevant and appropriate, any
reviews or assessments that have been completed or are being
undertaken under this section.
``(D) Public reporting of findings and conclusions.--In a
manner consistent with the protection of the national
security of the United States, and in unclassified form, the
Inspector General of the Intelligence Community shall make
publicly available a summary of the findings and conclusions
of the review conducted under subparagraph (B).''.
(2) Report.--Not later than December 31, 2014, the
Inspector General of the Intelligence Community shall submit
a report regarding the reviews conducted under paragraph (3)
of section 702(l) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881a(l)), as amended by paragraph (1)
of this subsection, to--
(A) the Attorney General;
(B) the Director of National Intelligence; and
(C) consistent with the Rules of the House of
Representatives, the Standing Rules of the Senate, and Senate
Resolution 400 of the 94th Congress or any successor Senate
resolution--
(i) the congressional intelligence committees; and
(ii) the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives.
(c) Annual Reviews.--Section 702(l)(4)(A) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a(l)(4)(A)), as redesignated by subsection (b)(1), is
amended--
(1) in the matter preceding clause (i)--
(A) in the first sentence--
(i) by striking ``conducting an acquisition authorized
under subsection (a)'' and inserting ``subject to targeting
or minimization procedures approved under this section''; and
(ii) by striking ``the acquisition'' and inserting
``acquisitions under subsection (a)''; and
(B) in the second sentence, by striking ``acquisitions''
and inserting ``information obtained through an
acquisition''; and
(2) in clause (iii), by inserting ``United States persons
or'' after ``later determined to be''.
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
SEC. 401. OFFICE OF THE SPECIAL ADVOCATE.
(a) Establishment.--The Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at
the end the following new title:
``TITLE IX--OFFICE OF THE SPECIAL ADVOCATE
``SEC. 901. DEFINITIONS.
``In this title:
``(1) Decision.--The term `decision' means a decision,
order, or opinion issued by the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance
Court of Review.
``(2) Foreign intelligence surveillance court; court.--The
terms `Foreign Intelligence Surveillance Court' and `Court'
mean the court established under section 103(a) and the
petition review pool established under section 103(e).
``(3) Foreign intelligence surveillance court of review;
court of review.--The terms `Foreign Intelligence
Surveillance Court of Review' and `Court of Review' mean the
court of review established under section 103(b).
``(4) Office.--The term `Office' means the Office of the
Special Advocate established under section 902(a).
``(5) Significant construction or interpretation of law.--
The term `significant construction or interpretation of law'
means a significant construction or interpretation of a
provision, as that term is construed under section 601(c).
``(6) Special advocate.--The term `Special Advocate' means
the Special Advocate appointed under section 902(b).
``SEC. 902. OFFICE OF THE SPECIAL ADVOCATE.
``(a) Establishment.--There is established within the
judicial branch of the United States an Office of the Special
Advocate.
``(b) Special Advocate.--
``(1) In general.--The head of the Office is the Special
Advocate.
``(2) Appointment and term.--
``(A) Appointment.--The Chief Justice of the United States
shall appoint the Special Advocate from the list of
candidates submitted under subparagraph (B).
``(B) List of candidates.--The Privacy and Civil Liberties
Oversight Board shall submit to the Chief Justice a list of
not less than 5 qualified candidates to serve as Special
Advocate. The Board shall select candidates for such list
whom the Board believes will be zealous and effective
advocates in defense of civil liberties and consider with
respect to each potential candidate--
``(i) the litigation and other professional experience of
such candidate;
``(ii) the experience of such candidate in areas of law
that the Special Advocate is likely to encounter in the
course of the duties of the Special Advocate; and
``(iii) the demonstrated commitment of such candidate to
civil liberties.
``(C) Security clearance.--An individual may be appointed
Special Advocate without regard to whether the individual
possesses a security clearance on the date of the
appointment.
``(D) Term and dismissal.--A Special Advocate shall be
appointed for a term of 3 years and may be removed only for
good cause shown, including the demonstrated inability to
qualify for an adequate security clearance.
``(E) Reappointment.--There shall be no limit to the number
of consecutive terms served by a Special Advocate. The
reappointment of a Special Advocate shall be made in the same
manner as appointment of a Special Advocate.
``(F) Acting special advocate.--If the position of Special
Advocate is vacant, the Chief Justice of the United States
may appoint an Acting Special Advocate from among the
qualified employees of the Office. If there are no such
qualified employees, the Chief Justice may appoint an Acting
Special Advocate from the most recent list of candidates
provided by the Privacy and Civil Liberties Oversight Board
pursuant to subparagraph (B). The Acting Special Advocate
shall have all of the powers of a Special Advocate and shall
serve until a Special Advocate is appointed.
``(3) Employees.--The Special Advocate may appoint and
terminate and fix the compensation of employees of the Office
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
``(c) Duties and Authorities of the Special Advocate.--
``(1) In general.--The Special Advocate--
``(A) may consider any request for consultation by a party
who has been served with an order or directive issued under
this Act requiring the party to provide information,
facilities, or assistance to the Federal Government;
``(B) may request to participate in a proceeding before the
Foreign Intelligence Surveillance Court;
``(C) shall participate in such proceeding if such request
is granted;
``(D) shall participate in a proceeding before the Court if
appointed to participate by the Court under section 903(a);
``(E) may request reconsideration of a decision of the
Court under section 903(b);
``(F) may appeal or seek review of a decision of the Court
or the Foreign Intelligence Surveillance Court of Review
under section 904; and
``(G) shall participate in such appeal or review.
``(2) Access to applications and decisions.--
``(A) Applications.--The Attorney General shall provide to
the Special Advocate each application submitted to a judge of
the Foreign Intelligence Surveillance Court under this Act at
the same time as the Attorney General submits such
applications.
``(B) Decisions.--The Foreign Intelligence Surveillance
Court and the Foreign Intelligence Surveillance Court of
Review shall provide to the Special Advocate access to each
decision of the Court and the Court of Review, respectively,
issued after the date of the enactment of the USA FREEDOM Act
and all documents and other material relevant to such
decision in complete, unredacted form.
``(3) Advocacy.--The Special Advocate shall vigorously
advocate before the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of Review, as
appropriate, in support of legal interpretations that protect
individual privacy and civil liberties.
``(4) Outside counsel.--The Special Advocate may delegate
to a competent outside counsel who has or is able to obtain
an appropriate security clearance any duty or responsibility
of the Special Advocate set out in subparagraph (C), (D), or
(G) of paragraph (1) with respect to participation in a
matter before the Court, the Court of Review, or the Supreme
Court of the United States.
``(5) Availability of documents and material.--The Court or
the Court of Review, as
[[Page S7625]]
appropriate, shall order any agency, department, or entity to
make available to the Special Advocate, or appropriate
outside counsel if the Special Advocate has delegated duties
or responsibilities to the outside counsel under paragraph
(4), any documents or other material necessary to carry out
the duties described in paragraph (1).
``(d) Security Clearances.--The appropriate departments,
agencies, and elements of the Executive branch shall
cooperate with the Office, to the extent possible under
existing procedures and requirements, to expeditiously
provide the Special Advocate, appropriate employees of the
Office, and outside counsel to whom the Special Advocate
delegates a duty or responsibility under subsection (c)(4)
with the security clearances necessary to carry out the
duties of the Special Advocate.
``SEC. 903. ADVOCACY BEFORE THE FOREIGN INTELLIGENCE
SURVEILLANCE COURT.
``(a) Appointment To Participate.--
``(1) In general.--The Foreign Intelligence Surveillance
Court may appoint the Special Advocate to participate in a
proceeding before the Court.
``(2) Standing.--If the Special Advocate is appointed to
participate in a Court proceeding pursuant to paragraph (1),
the Special Advocate shall have standing as a party before
the Court in that proceeding.
``(b) Reconsideration of a Foreign Intelligence
Surveillance Court Decision.--
``(1) Authority to move for reconsideration.--The Special
Advocate may move the Court to reconsider any decision of the
Court made after the date of the enactment of the USA FREEDOM
Act by petitioning the Court not later than 30 days after the
date on which all documents and materials relevant to the
decision are made available to the Special Advocate.
``(2) Discretion of the court.--The Court shall have
discretion to grant or deny a motion for reconsideration made
pursuant to paragraph (1).
``(c) Amici Curiae Participation.--
``(1) Motion by the special advocate.--The Special Advocate
may file a motion with the Court to permit and facilitate
participation of amici curiae, including participation in
oral argument if appropriate, in any proceeding. The Court
shall have the discretion to grant or deny such a motion.
``(2) Facilitation by the foreign intelligence surveillance
court.--The Court may, sua sponte, permit and facilitate
participation by amici curiae, including participation in
oral argument if appropriate, in proceedings before the
Court.
``(3) Regulations.--Not later than 180 days after the date
of the enactment of USA FREEDOM Act, the Court shall
promulgate regulations to provide the public with information
sufficient to allow interested parties to participate as
amici curiae.
``SEC. 904. APPELLATE REVIEW.
``(a) Appeal of Foreign Intelligence Surveillance Court
Decisions.--
``(1) Authority to appeal.--The Special Advocate may appeal
any decision of the Foreign Intelligence Surveillance Court
issued after the date of the enactment of the USA FREEDOM Act
not later than 90 days after the date on which the decision
is issued.
``(2) Standing as appellant.--If the Special Advocate
appeals a decision of the Court pursuant to paragraph (1),
the Special Advocate shall have standing as a party before
the Foreign Intelligence Surveillance Court of Review in such
appeal.
``(3) Mandatory review.--The Court of Review shall review
any Foreign Intelligence Surveillance Court decision appealed
by the Special Advocate and issue a decision in such appeal,
unless it would be apparent to all reasonable jurists that
such decision is dictated by statute or by precedent.
``(4) Standard of review.--The standard for a mandatory
review of a Foreign Intelligence Surveillance Court decision
pursuant to paragraph (3) shall be--
``(A) de novo with respect to issues of law; and
``(B) clearly erroneous with respect to determination of
facts.
``(5) Amici curiae participation.--
``(A) In general.--The Court of Review shall accept amici
curiae briefs from interested parties in all mandatory
reviews pursuant to paragraph (3) and shall provide for amici
curiae participation in oral argument if appropriate.
``(B) Regulations.--Not later than 180 days after the date
of the enactment of the USA FREEDOM Act, the Court of Review
shall promulgate regulations to provide the public with
information sufficient to allow interested parties to
participate as amici curiae.
``(b) Review of Foreign Intelligence Surveillance Court of
Review Decisions.--
``(1) Authority.--The Special Advocate may seek a writ of
certiorari from the Supreme Court of the United States for
review of any decision of the Foreign Intelligence
Surveillance Court of Review.
``(2) Standing.--In any proceedings before the Supreme
Court of the United States relating to a petition of
certiorari filed under paragraph (1) and any proceedings in a
matter for which certiorari is granted, the Special Advocate
shall have standing as a party.
``SEC. 905. DISCLOSURE.
``(a) Requirement To Disclose.--The Attorney General shall
publicly disclose--
``(1) all decisions issued by the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance
Court of Review after July 10, 2003, that include a
significant construction or interpretation of law;
``(2) any decision of the Court appealed by the Special
Advocate pursuant to this title; and
``(3) any Court of Review decision that is issued after an
appeal by the Special Advocate.
``(b) Disclosure Described.--For each disclosure required
by subsection (a) with respect to a decision, the Attorney
General shall make available to the public documents
sufficient--
``(1) to identify with particularity each legal question
addressed by the decision and how such question was resolved;
``(2) to describe in general terms the context in which the
matter arises;
``(3) to describe the construction or interpretation of any
statute, constitutional provision, or other legal authority
relied on by the decision; and
``(4) to indicate whether the decision departed from any
prior decision of the Court or Court of Review.
``(c) Documents Described.--The Attorney General shall
satisfy the disclosure requirements in subsection (b) by--
``(1) releasing a Court or Court of Review decision in its
entirety or as redacted;
``(2) releasing a summary of a Court or Court of Review
decision; or
``(3) releasing an application made to the Court, briefs
filed before the Court or the Court of Review, or other
materials, in full or as redacted.
``(d) Extensive Disclosure.--The Attorney General shall
release as much information regarding the facts and analysis
contained in a decision described in subsection (a) or
documents described in subsection (c) as is consistent with
legitimate national security concerns.
``(e) Timing of Disclosure.--
``(1) Decisions issued prior to enactment.--The Attorney
General shall disclose a decision issued prior to the date of
the enactment of the USA FREEDOM Act that is required to be
disclosed under subsection (a)(1) not later than 180 days
after the date of the enactment of such Act.
``(2) FISA court decisions.--The Attorney General shall
release Court decisions appealed by the Special Advocate not
later than 30 days after the date on which the appeal is
filed.
``(3) FISA court of review decisions.--The Attorney General
shall release Court of Review decisions for which the Special
Advocate seeks a writ of certiorari not later than 90 days
after the date on which the petition is filed.
``(f) Petition by the Special Advocate.--
``(1) Authority to petition.--The Special Advocate may
petition the Court or the Court of Review to order--
``(A) the public disclosure of a decision of the Court or
Court of Review, and documents or other material relevant to
such a decision, previously designated as classified
information; or
``(B) the release of an unclassified summary of such
decisions and documents.
``(2) Contents of petition.--Each petition filed under
paragraph (1) shall contain a detailed declassification
proposal or a summary of the decision and documents that the
Special Advocate proposes to have released publicly.
``(3) Role of the attorney general.--
``(A) Copy of petition.--The Special Advocate shall provide
to the Attorney General a copy of each petition filed under
paragraph (1).
``(B) Opposition.--The Attorney General may oppose a
petition filed under paragraph (1) by submitting any
objections in writing to the Court or the Court of Review, as
appropriate, not later than 90 days after the date such
petition was submitted.
``(4) Public availability.--Not less than 91 days after
receiving a petition under paragraph (1), and taking into
account any objections from the Attorney General made under
paragraph (3)(B), the Court or the Court of Review, as
appropriate, shall declassify and make readily available to
the public any decision, document, or other material
requested in such petition, to the greatest extent possible,
consistent with legitimate national security considerations.
``(5) Effective date.--The Special Advocate may not file a
petition under paragraph (1) until 181 days after the date of
the enactment of the USA FREEDOM Act, except with respect to
a decision appealed by the Special Advocate.
``SEC. 906. ANNUAL REPORT TO CONGRESS.
``(a) Requirement for Annual Report.--The Special Advocate
shall submit to Congress an annual report on the
implementation of this title.
``(b) Contents.--Each annual report submitted under
subsection (a) shall--
``(1) detail the activities of the Office of the Special
Advocate;
``(2) provide an assessment of the effectiveness of this
title; and
``(3) propose any new legislation to improve the
functioning of the Office or the operation of the Foreign
Intelligence Surveillance Court or the Foreign Intelligence
Surveillance Court of Review that the Special Advocate
considers appropriate.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Foreign Intelligence Surveillance
Act of 1978, as amended by section 101(c)(2) of this Act, is
further amended by adding at the end the following new items:
[[Page S7626]]
``TITLE IX-OFFICE OF THE SPECIAL ADVOCATE
``Sec. 901. Definitions.
``Sec. 902. Office of the Special Advocate.
``Sec. 903. Advocacy before the Foreign Intelligence Surveillance
Court.
``Sec. 904. Appellate review.
``Sec. 905. Disclosure.
``Sec. 906. Annual report to Congress.''.
SEC. 402. FOREIGN INTELLIGENCE SURVEILLANCE COURT DISCLOSURE
OF OPINIONS.
Section 103 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1803) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g)(1) A judge of the court established under subsection
(a) who authored an order, opinion, or other decision may sua
sponte or on motion by a party request that such order,
opinion, or other decision be made publicly available.
``(2) Upon a request under paragraph (1), the presiding
judge of the court established under subsection (a), in
consultation with the other judges of such court, may direct
that such order, opinion, or other decision be made publicly
available.
``(3) Prior to making an order, opinion, or other decision
of the court established under subsection (a) publicly
available in accordance with this subsection, the presiding
judge of such court may direct the Executive branch to review
such order, opinion, or other decision and redact such order,
opinion, or other decision as necessary to ensure that
properly classified information is appropriately
protected.''.
SEC. 403. PRESERVATION OF RIGHTS.
Nothing in this title or an amendment made by this title
shall be construed--
(1) to provide the Attorney General with authority to
prevent the court established under section 103(a) of Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)),
the petition review pool established under section 103(e) of
such Act (50 U.S.C. 1803(e)), or the court of review
established under section 103(b) of such Act (50 U.S.C.
1803(b)) from declassifying decisions or releasing
information pursuant to this title or an amendment made by
this title; or
(2) to eliminate the public's ability to secure information
under section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'') or any other
provision of law.
TITLE V--NATIONAL SECURITY LETTER REFORMS
SEC. 501. NATIONAL SECURITY LETTER AUTHORITY.
(a) Counterintelligence Access to Telephone Toll and
Transactional Records.--Section 2709 of title 18, United
States Code, is amended--
(1) in subsection (b)--
(A) by striking ``may--'' and all that follows through the
period at the end and inserting the following: ``may request
the name, address, length of service, and local and long
distance toll billing records of a person or entity if the
Director (or his designee) certifies in writing to the wire
or electronic communication service provider to which the
request is made that--''; and
(B) by adding at the end the following new paragraphs:
``(1) the name, address, length of service, and toll
billing records sought are relevant and material to an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such an investigation of a United States person is not
conducted solely on the basis of activities protected by the
First Amendment to the Constitution of the United States; and
``(2) there are reasonable grounds to believe that the
name, address, length of service, and toll billing records
sought pertain to--
``(A) a foreign power or agent of a foreign power;
``(B) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(C) an individual in contact with, or known to, a
suspected agent of a foreign power.''; and
(2) by adding at the end the following new subsection:
``(g) For purposes of this subsection, the terms `agent of
a foreign power', `foreign power', `international terrorism',
and `United States person' have the same meanings as in
section 101 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801).''.
(b) Access to Financial Records for Certain Intelligence
and Protective Purposes.--Section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended to
read as follows:
``SEC. 1114. ACCESS TO FINANCIAL RECORDS FOR CERTAIN
INTELLIGENCE AND PROTECTIVE PURPOSES.
``(a) Authorization.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or Special Agent in Charge in a Bureau field
office, may issue in writing and cause to be served on a
financial institution, a request requiring the production
of--
``(A) the name of a customer of the financial institution;
``(B) the address of a customer of the financial
institution;
``(C) the length of time during which a person has been, or
was, a customer of the financial institution (including the
start date) and the type of service provided by the financial
institution to the customer; and
``(D) any account number or other unique identifier
associated with a customer of the financial institution.
``(2) Limitation.--A request issued under this subsection
may not require the production of records or information not
listed in paragraph (1).
``(b) Requirements.--
``(1) In general.--A request issued under subsection (a)
shall--
``(A) be subject to the requirements of subsections (d)
through (g) of section 2709 of title 18, United States Code,
in the same manner and to the same extent as those provisions
apply with respect to a request under section 2709(b) of
title 18, United States Code, to a wire or electronic
communication service provider; and
``(B) include a statement of facts showing that there are
reasonable grounds to believe that the records or other
things sought--
``(i) are relevant and material to an authorized
investigation (other than a threat assessment and provided
that such an investigation of a United States person is not
conducted solely on the basis of activities protected by the
First Amendment to the Constitution of the United States)
to--
``(I) obtain foreign intelligence information not
concerning a United States person; or
``(II) protect against international terrorism or
clandestine intelligence activities; and
``(ii) pertain to--
``(I) a foreign power or an agent of a foreign power;
``(II) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(III) an individual in contact with, or known to, a
suspected agent of a foreign power.
``(2) Definitions.--For purposes of this subsection, the
terms `agent of a foreign power', `foreign intelligence
information', `foreign power', `international terrorism', and
`United States person' have the same meanings as in section
101 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801).
``(c) Definition of Financial Institution.--For purposes of
this section (and sections 1115 and 1117, insofar as the
sections relate to the operation of this section), the term
`financial institution' has the same meaning as in
subsections (a)(2) and (c)(1) of section 5312 of title 31,
United States Code, except that the term shall include only a
financial institution any part of which is located inside any
State or territory of the United States, the District of
Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, or the United States Virgin
Islands.''.
(c) National Security Letter Authority for Certain Consumer
Report Records.--
(1) In general.--Section 626 of the Fair Credit Reporting
Act (15 U.S.C. 1681u) is amended--
(A) by striking subsections (a) through (c) and inserting
the following new subsections:
``(a) Authorization.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or Special Agent in Charge in a Bureau field
office, may issue in writing and cause to be served on a
consumer reporting agency a request requiring the production
of--
``(A) the name of a consumer;
``(B) the current and former address of a consumer;
``(C) the current and former places of employment of a
consumer; and
``(D) the name and address of any financial institution (as
that term is defined in section 1101 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401)) at which a
consumer maintains or has maintained an account, to the
extent that the information is in the files of the consumer
reporting agency.
``(2) Limitation.--A request issued under this subsection
may not require the production of a consumer report.
``(b) Requirements.--
``(1) In general.--A request issued under subsection (a)
shall--
``(A) be subject to the requirements of subsections (d)
through (g) of section 2709 of title 18, United States Code,
in the same manner and to the same extent as those provisions
apply with respect to a request under section 2709(b) of
title 18, United States Code, to a wire or electronic
communication service provider; and
``(B) include a statement of facts showing that there are
reasonable grounds to believe that the records or other
things sought--
``(i) are relevant and material to an authorized
investigation (other than a threat assessment and provided
that such an investigation of a United States person is not
conducted solely on the basis of activities protected by the
First Amendment to the Constitution of the United States)
to--
``(I) obtain foreign intelligence information not
concerning a United States person; or
``(II) protect against international terrorism or
clandestine intelligence activities; and
[[Page S7627]]
``(ii) pertain to--
``(I) a foreign power or an agent of a foreign power;
``(II) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(III) an individual in contact with, or known to, a
suspected agent of a foreign power.
``(2) Definitions.--In this subsection, the terms `agent of
a foreign power', `foreign intelligence information',
`foreign power', `international terrorism', and `United
States person' have the meaning given such terms in section
101 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801).'';
(B) by striking subsections (f) through (h); and
(C) by redesignating subsections (d), (e), (i), (j), (k),
(l), and (m) as subsections (c), (d), (e), (f), (g), (h), and
(i), respectively.
(2) Repeal.--Section 627 of the Fair Credit Reporting Act
(15 U.S.C. 1681v) is repealed.
SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY
LETTERS.
(a) Counterintelligence Access to Telephone Toll and
Transactional Records.--Section 2709 of title 18, United
States Code, is amended by striking subsection (c) and
inserting the following new subsection:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under subsection (d) is provided, no wire or electronic
communication service provider, or officer, employee, or
agent thereof, that receives a request under subsection (b),
shall disclose to any person that the Director of the Federal
Bureau of Investigation has sought or obtained access to
information or records under this section.
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that the absence of a prohibition of
disclosure under this subsection may result in--
``(i) endangering the life or physical safety of any
person;
``(ii) flight from investigation or prosecution;
``(iii) destruction of or tampering with evidence;
``(iv) intimidation of potential witnesses;
``(v) interference with diplomatic relations;
``(vi) alerting a target, an associate of a target, or the
foreign power of which the target is an agent, of the
interest of the Government in the target; or
``(vii) otherwise seriously endangering the national
security of the United States.
``(2) Exception.--
``(A) In general.--A wire or electronic communication
service provider, or officer, employee, or agent thereof,
that receives a request under subsection (b) may disclose
information otherwise subject to any applicable nondisclosure
requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom a request is
issued under subsection (b) in the same manner as the person
to whom the request is issued.
``(C) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall notify the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person
making or intending to make a disclosure under clause (i) or
(iii) of subparagraph (A) shall identify to the Director or
such designee the person to whom such disclosure will be made
or to whom such disclosure was made prior to the request.
``(3) Termination.--In the case of any request for which a
recipient has submitted a notification or filed a petition
for judicial review under paragraph (3)(B), if the facts
supporting a nondisclosure requirement cease to exist, an
appropriate official of the Federal Bureau of Investigation
shall promptly notify the wire or electronic service
provider, or officer, employee, or agent thereof, subject to
the nondisclosure requirement that the nondisclosure
requirement is no longer in effect.''.
(b) Access to Financial Records for Certain Intelligence
and Protective Purposes.--Section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414), as amended by
section 501(b) of this Act, is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under subsection (d) is provided, no financial institution,
or officer, employee, or agent thereof, that receives a
request under subsection (a) shall disclose to any person
that the Federal Bureau of Investigation has sought or
obtained access to information or records under subsection
(a).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that the absence of a prohibition of
disclosure under this subsection may result in--
``(i) endangering the life or physical safety of any
person;
``(ii) flight from investigation or prosecution;
``(iii) destruction of or tampering with evidence;
``(iv) intimidation of potential witnesses;
``(v) interference with diplomatic relations;
``(vi) alerting a target, an associate of a target, or the
foreign power of which the target is an agent, of the
interest of the Government in the target; or
``(vii) otherwise seriously endangering the national
security of the United States.
``(2) Exception.--
``(A) In general.--A financial institution, or officer,
employee, or agent thereof, that receives a request under
subsection (a) may disclose information otherwise subject to
any applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom a request is
issued under subsection (a) in the same manner as the person
to whom the request is issued.
``(C) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person
making or intending to make a disclosure under clause (i) or
(iii) of subparagraph (A) shall identify to the Director or
such designee the person to whom such disclosure will be made
or to whom such disclosure was made prior to the request.
``(3) Termination.--In the case of any request for which a
financial institution has submitted a notification or filed a
petition for judicial review under paragraph (3)(B), if the
facts supporting a nondisclosure requirement cease to exist,
an appropriate official of the Federal Bureau of
Investigation shall promptly notify the financial
institution, or officer, employee, or agent thereof, subject
to the nondisclosure requirement that the nondisclosure
requirement is no longer in effect.''.
(c) Identity of Financial Institutions and Credit
Reports.--Section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u), as amended by section 501(c) of this Act, is
further amended by striking subsection (c) (as redesignated
by section 501(c)(1)(D) of this Act) and inserting the
following new subsection:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under subsection (d) is provided, no consumer reporting
agency, or officer, employee, or agent thereof, that receives
a request under subsection (a) shall disclose or specify in
any consumer report, that the Federal Bureau of Investigation
has sought or obtained access to information or records under
subsection (a) or (b).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that the absence of a prohibition of
disclosure under this subsection may result in--
``(i) endangering the life or physical safety of any
person;
``(ii) flight from investigation or prosecution;
``(iii) destruction of or tampering with evidence;
``(iv) intimidation of potential witnesses;
``(v) interference with diplomatic relations;
``(vi) alerting a target, an associate of a target, or the
foreign power of which the target is an agent, of the
interest of the Government in the target; or
``(vii) otherwise seriously endangering the national
security of the United States.
``(2) Exception.--
``(A) In general.--A consumer reporting agency, or officer,
employee, or agent thereof, that receives a request under
subsection (a) may disclose information otherwise subject to
any applicable nondisclosure requirement to--
[[Page S7628]]
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom a request is
issued under subsection (a) or (b) in the same manner as the
person to whom the request is issued.
``(C) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person
making or intending to make a disclosure under clause (i) or
(iii) of subparagraph (A) shall identify to the Director or
such designee the person to whom such disclosure will be made
or to whom such disclosure was made prior to the request.
``(3) Termination.--In the case of any request for which a
consumer reporting agency has submitted a notification or
filed a petition for judicial review under paragraph (3)(B),
if the facts supporting a nondisclosure requirement cease to
exist, an appropriate official of the Federal Bureau of
Investigation shall promptly notify the consumer reporting
agency, or officer, employee, or agent thereof, subject to
the nondisclosure requirement that the nondisclosure
requirement is no longer in effect.''.
(d) Investigations of Persons With Access to Classified
Information.--Section 802 of the National Security Act of
1947 (50 U.S.C. 3162) is amended by striking subsection (b)
and inserting the following new subsection:
``(b) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under subsection (c) is provided, no governmental or private
entity, or officer, employee, or agent thereof, that receives
a request under subsection (a), shall disclose to any person
that an authorized investigative agency described in
subsection (a) has sought or obtained access to information
under subsection (a).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the head of an authorized investigative agency
described in subsection (a), or a designee, certifies that
the absence of a prohibition of disclosure under this
subsection may result in--
``(i) endangering the life or physical safety of any
person;
``(ii) flight from investigation or prosecution;
``(iii) destruction of or tampering with evidence;
``(iv) intimidation of potential witnesses;
``(v) interference with diplomatic relations;
``(vi) alerting a target, an associate of a target, or the
foreign power of which the target is an agent, of the
interest of the Government in the target; or
``(vii) otherwise seriously endangering the national
security of the United States.
``(2) Exception.--
``(A) In general.--A governmental or private entity, or
officer, employee, or agent thereof, that receives a request
under subsection (a) may disclose information otherwise
subject to any applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the head of the
authorized investigative agency described in subsection (a).
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom a request is
issued under subsection (a) in the same manner as the person
to whom the request is issued.
``(C) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the head of an authorized investigative agency
described in subsection (a), or a designee, any person making
or intending to make a disclosure under clause (i) or (iii)
of subparagraph (A) shall identify to the head of the
authorized investigative agency or such designee the person
to whom such disclosure will be made or to whom such
disclosure was made prior to the request.
``(3) Termination.--In the case of any request for which a
governmental or private entity has submitted a notification
or filed a petition for judicial review under paragraph
(3)(B), if the facts supporting a nondisclosure requirement
cease to exist, an appropriate official of the authorized
investigative agency described in subsection (a) shall
promptly notify the governmental or private entity, or
officer, employee, or agent thereof, subject to the
nondisclosure requirement that the nondisclosure requirement
is no longer in effect.''.
(e) Judicial Review.--Section 3511 of title 18, United
States Code, is amended by striking subsection (b) and
inserting the following new subsection:
``(b) Nondisclosure.--
``(1) In general.--
``(A) Notice.--If a recipient of a request for a report,
records, or other information under section 2709 of this
title, section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u), section 1114 of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3414), or section 802 of the National
Security Act of 1947 (50 U.S.C. 3162), wishes to have a court
review a nondisclosure requirement imposed in connection with
the request, the recipient may notify the Government or file
a petition for judicial review in any court described in
subsection (a).
``(B) Application.--Not later than 30 days after the date
of receipt of a notification under subparagraph (A), the
Government shall apply for an order prohibiting the
disclosure of the existence or contents of the relevant
request. An application under this subparagraph may be filed
in the district court of the United States for the judicial
district in which the recipient of the order is doing
business or in the district court of the United States for
any judicial district within which the authorized
investigation that is the basis for the request is being
conducted. The applicable nondisclosure requirement shall
remain in effect during the pendency of proceedings relating
to the requirement.
``(C) Consideration.--A district court of the United States
that receives a petition under subparagraph (A) or an
application under subparagraph (B) should rule expeditiously,
and shall, subject to paragraph (3), issue a nondisclosure
order that includes conditions appropriate to the
circumstances.
``(2) Application contents.--An application for a
nondisclosure order or extension thereof or a response to a
petition filed under paragraph (1) shall include a
certification from the Attorney General, Deputy Attorney
General, an Assistant Attorney General, or the Director of
the Federal Bureau of Investigation, or in the case of a
request by a department, agency, or instrumentality of the
Federal Government other than the Department of Justice, the
head or deputy head of the department, agency, or
instrumentality, containing a statement of specific facts
indicating that the absence of a prohibition of disclosure
under this subsection may result in--
``(A) endangering the life or physical safety of any
person;
``(B) flight from investigation or prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses;
``(E) interference with diplomatic relations;
``(F) alerting a target, an associate of a target, or the
foreign power of which the target is an agent, of the
interest of the Government in the target; or
``(G) otherwise seriously endangering the national security
of the United States.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure requirement order or extension
thereof under this subsection if the court determines that
there is reason to believe that disclosure of the information
subject to the nondisclosure requirement during the
applicable time period will result in--
``(A) endangering the life or physical safety of any
person;
``(B) flight from investigation or prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses;
``(E) interference with diplomatic relations;
``(F) alerting a target, an associate of a target, or the
foreign power of which the target is an agent, of the
interest of the Government in the target; or
``(G) otherwise seriously endangering the national security
of the United States.''.
SEC. 503. JUDICIAL REVIEW.
(a) Counterintelligence Access to Telephone Toll and
Transactional Records.--Section 2709 of title 18, United
States Code, as amended by section 501(a) of this Act, is
further amended--
(1) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Judicial Review.--
``(1) In general.--A request under subsection (b) or a non-
disclosure requirement imposed in connection with such
request under subsection (c) shall be subject to judicial
review under section 3511.
``(2) Notice.--A request under subsection (b) shall include
notice of the availability of judicial review described in
paragraph (1).''.
(b) Access to Financial Records for Certain Intelligence
and Protective Purposes.--Section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414), as amended by
section 502(b) of this Act, is further amended--
(1) by redesignating subsection (d) (as redesigned by such
section 502(b)) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
[[Page S7629]]
``(d) Judicial Review.--
``(1) In general.--A request under subsection (a) or a non-
disclosure requirement imposed in connection with such
request under subsection (c) shall be subject to judicial
review under section 3511 of title 18, United States Code.
``(2) Notice.--A request under subsection (a) shall include
notice of the availability of judicial review described in
paragraph (1).''.
(c) Identity of Financial Institutions and Credit
Reports.--Section 626 of the Right to Financial Privacy Act
(15 U.S.C. 1681u), as amended by section 502(c) of this Act,
is further amended--
(1) by redesignating subsections (d) through (i) (as
redesignated by such section 502(c)) as subsections (e)
through (j), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Judicial Review.--
``(1) In general.--A request under subsection (a) or a non-
disclosure requirement imposed in connection with such
request under subsection (c) shall be subject to judicial
review under section 3511 of title 18, United States Code.
``(2) Notice.--A request under subsection (a) shall include
notice of the availability of judicial review described in
paragraph (1).''.
(d) Investigations of Persons With Access to Classified
Information.--Section 802 of the National Security Act of
1947 (50 U.S.C. 3162) is amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Judicial Review.--
``(1) In general.--A request under subsection (a) or a non-
disclosure requirement imposed in connection with such
request under subsection (c) shall be subject to judicial
review under section 3511 of title 18, United States Code.
``(2) Notice.--A request under subsection (a) shall include
notice of the availability of judicial review described in
paragraph (1).''.
SEC. 504. INSPECTOR GENERAL REPORTS ON NATIONAL SECURITY
LETTERS.
Section 119 of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat.
219) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and calendar years
2010 through 2013'' after ``2006''; and
(B) in paragraph (3)(C), by striking ``(as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)))'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) Calendar years 2010 through 2013.--Not later than
December 31, 2014, the Inspector General of the Department of
Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under
subsection (a) for calendar years 2010 through 2013.'';
(3) by striking subsection (g) and inserting the following
new subsection:
``(h) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given that term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
``(2) National security letter.--The term `national
security letter' means a request for information under--
``(A) section 2709(b) of title 18, United States Code (to
access certain communication service provider records);
``(B) section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain financial
institution customer records);
``(C) section 802 of the National Security Act of 1947 (50
U.S.C. 3162) (to obtain financial information, records, and
consumer reports); or
``(D) section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u) (to obtain certain financial information and
consumer reports).
``(3) United states person.--The term `United States
person' has the meaning given that term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).'';
(4) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(5) by inserting after subsection (c) the following new
subsection:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2010, and ending on December 31, 2013, the Inspector General
of the Intelligence Community shall--
``(A) examine the use of national security letters by the
intelligence community during the period;
``(B) describe any noteworthy facts or circumstances
relating to the use of national security letters by the
intelligence community, including any improper or illegal use
of such authority;
``(C) assess the importance of information received under
the national security letters to the activities of the
intelligence community; and
``(D) examine the manner in which information received
under the national security letters was collected, retained,
analyzed, and disseminated.
``(2) Submission date for assessment.--Not later than
December 31, 2014, the Inspector General of the Intelligence
Community shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives a report
containing the results of the assessment for calendar years
2010 through 2013.'';
(6) in subsection (e), as redesignated by paragraph (4)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection (c)(1) or
(c)(2)'' and inserting ``any report under subsection (c) or
(d)''; and
(ii) by striking ``Inspector General of the Department of
Justice'' and inserting ``Inspector General of the Department
of Justice, the Inspector General of the Intelligence
Community, and any Inspector General of an element of the
intelligence community that prepares a report to assist the
Inspector General of the Department of Justice or the
Inspector General of the Intelligence Community in complying
with the requirements of this section''; and
(B) in paragraph (2), by striking ``the reports submitted
under subsection (c)(1) or (c)(2)'' and inserting ``any
report submitted under subsection (c) or (d)''; and
(7) in subsection (f), as redesignated by paragraph (4)--
(A) by striking ``The reports submitted under subsections
(c)(1) or (c)(2)'' and inserting ``Each report submitted
under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''.
SEC. 505. NATIONAL SECURITY LETTER SUNSET.
(a) Repeal.--Effective on June 1, 2015--
(1) section 2709 of title 18, United States Code, is
amended to read as such provision read on October 25, 2001;
(2) section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)(5)) is amended to read as such
provision read on October 25, 2001;
(3) subsections (a) and (b) of section 626 of the Fair
Credit Reporting Act (15 U.S.C. 1681u) are amended to read as
subsections (a) and (b), respectively, of the second of the 2
sections designated as section 624 of such Act (15 U.S.C.
1681u) (relating to disclosure to the Federal Bureau of
Investigation for counterintelligence purposes), as added by
section 601 of the Intelligence Authorization Act for Fiscal
Year 1996 (Public Law 104-93; 109 Stat. 974), read on October
25, 2001; and
(4) section 802 of the National Security Act of 1947 (50
U.S.C. 3162) is amended to read as such provision read on
October 25, 2001.
(b) Transition Provision.--Notwithstanding subsection (a),
the provisions of law referred to in subsection (a), as in
effect on May 31, 2015, shall continue to apply on and after
June 1, 2015, with respect to any particular foreign
intelligence investigation or with respect to any particular
offense or potential offense that began or occurred before
June 1, 2015.
SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS.
Section 3511 of title 18, United States Code, is amended in
subsections (a), (c), and (d), by striking ``or 627(a)'' each
place it appears.
TITLE VI--FISA AND NATIONAL SECURITY LETTER TRANSPARENCY REFORMS
SEC. 601. THIRD-PARTY REPORTING ON FISA ORDERS AND NATIONAL
SECURITY LETTERS.
(a) In General.--Each electronic service provider may
report information to the public in accordance with this
section about demands and requests for information made by
any Government entity under a surveillance law, and is exempt
in accordance with subsection (d) from liability with respect
to that report, even if such provider would otherwise be
prohibited by a surveillance law from reporting that
information.
(b) Periodic Aggregate Reports.--An electronic service
provider may report such information not more often than
quarterly and only to the following extent:
(1) Estimate of numbers of demands and requests made.--The
report may reveal an estimate of the number of the demands
and requests described in subsection (a) made during the
period to which the report pertains.
(2) Estimate of numbers of demands and requests complied
with.--The report may reveal an estimate of the numbers of
the demands and requests described in subsection (a) the
electronic service provider complied with during the period
to which the report pertains, regardless of when the demands
or requests were made.
(3) Estimate of number of users or accounts.--The report
may reveal an estimate of the numbers of users or accounts,
or both, of the electronic service provider, for which
information was demanded, requested, or provided during the
period to which the report pertains.
(c) Special Rules for Reports.--
(1) Level of detail by authorizing surveillance law.--Any
estimate disclosed under this section may be an overall
estimate or broken down by categories of authorizing
surveillance laws or by provisions of authorizing
surveillance laws.
(2) Level of detail by numerical range.--Each estimate
disclosed under this section shall be rounded to the nearest
100. If an estimate is zero, an electronic service provider
may report the estimate as zero.
[[Page S7630]]
(3) Report may be broken down by periods not less than
calendar quarters.--For any reporting period, an electronic
service provider may break down the report by calendar
quarters or any other time periods greater than a calendar
quarter.
(d) Limitation on Liability.--An electronic service
provider making a report that the electronic service provider
reasonably believes in good faith is authorized by this
section is not criminally or civilly liable in any court for
making the report.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit disclosures other than those authorized
by this section.
(f) Definitions.--In this section:
(1) Electronic service provider.--The term ``electronic
service provider'' means an electronic communications service
provider (as that term is defined in section 2510 of title
18, United States Code) or a remote computing service
provider (as that term is defined in section 2711 of title
18, United States Code).
(2) Surveillance law.--The term ``surveillance law'' means
any provision of any of the following:
(A) The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
(B) Section 802(a) of the National Security Act of 1947 (50
U.S.C. 436(a)).
(C) Section 2709 of title 18, United States Code.
(D) Section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)(5)(A)).
(E) Subsection (a) or (b) of section 626 of the Fair Credit
Reporting Act (15 U.S.C. 1681u(a), 1681u(b)).
(F) Section 627(a) of the Fair Credit Reporting Act (15
U.S.C. 1681v(a)) (as in effect on the day before the date of
the enactment of this Act).
SEC. 602. GOVERNMENT REPORTING ON FISA ORDERS.
(a) Electronic Surveillance.--
(1) Report of electronic surveillance.--Section 107 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1807) is amended--
(A) by redesignating subsections (a) and (b) as paragraphs
(1) and (2), respectively;
(B) in the matter preceding paragraph (1) (as redesignated
by subparagraph (A) of this paragraph)--
(i) by striking ``In April'' and inserting ``(a) In
April''; and
(ii) by striking ``Congress'' and inserting ``the Permanent
Select Committee on Intelligence and the Committee on the
Judiciary of the House of Representatives and the Select
Committee on Intelligence and the Committee on the Judiciary
of the Senate'';
(C) in subsection (a) (as designated by subparagraph (B) of
this paragraph)--
(i) in paragraph (1) (as redesignated by subparagraph (A)
of this paragraph), by striking ``; and'' and inserting a
semicolon;
(ii) in paragraph (2) (as so redesignated), by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following new paragraphs:
``(3) the total number of individuals who were subject to
electronic surveillance conducted under an order entered
under this title, rounded to the nearest 100; and
``(4) the total number of United States persons who were
subject to electronic surveillance conducted under an order
entered under this title, rounded to the nearest 100.''; and
(D) by adding at the end the following new subsection:
``(b)(1) Each report required under subsection (a) shall be
submitted in unclassified form.
``(2) Not later than 7 days after a report is submitted
under subsection (a), the Attorney General shall make such
report publicly available.''.
(2) Congressional oversight.--Section 108(a)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1808) is amended by striking ``the House Permanent Select
Committee on Intelligence and the Senate Select Committee on
Intelligence, and the Committee on the Judiciary of the
Senate'' and inserting ``the Permanent Select Committee on
Intelligence and the Committee on the Judiciary of the House
of Representatives and the Select Committee on Intelligence
and the Committee on the Judiciary of the Senate''.
(b) Physical Searches.--Section 306 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is
amended--
(1) in the first sentence, by striking ``Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate, and the
Committee on the Judiciary of the Senate'' and inserting
``Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives
and the Select Committee on Intelligence and the Committee on
the Judiciary of the Senate''; and
(2) in the second sentence, by striking ``and the Committee
on the Judiciary of the House of Representatives''.
(c) Pen Register and Trap and Trace Devices.--Section 406
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1846) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (3), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) each department or agency on behalf of which the
Government has made application for orders approving the use
of pen registers or trap and trace devices under this title;
``(5) for each department or agency described in paragraph
(4), a breakdown of the numbers required by paragraphs (1),
(2), and (3);
``(6) a good faith estimate of the total number of
individuals who were targeted by the installation and use of
a pen register or trap and trace device authorized under an
order entered under this title, rounded to the nearest 100;
``(7) a good faith estimate of the total number of United
States persons who were targeted by the installation and use
of a pen register or trap and trace device authorized under
an order entered under this title, rounded to the nearest
100; and
``(8) a good faith estimate of the total number of United
States persons who were targeted by the installation and use
of a pen register or trap and trace device authorized under
an order entered under this title and whose information
acquired by such pen register or trap and trace device was
subsequently reviewed or accessed by a Federal officer,
employee, or agent, rounded to the nearest 100.''; and
(2) by adding at the end the following new subsection:
``(c)(1) Each report required under subsection (b) shall be
submitted in unclassified form.
``(2) Not later than 7 days after a report is submitted
under subsection (b), the Attorney General shall make such
report publicly available.''.
(d) Access to Certain Business Records and Other Tangible
Things.--Section 503 of the Foreign Intelligence Surveillance
Act of 1978, as redesignated by section 101(c) of this Act,
is amended--
(1) in subsection (a), by striking ``Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence and the Committee on the
Judiciary of the Senate'' and inserting after ``Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, and the Committees on the Judiciary of the House of
Representatives and the Senate'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``to
the preceding calendar year--'' and inserting ``to the
preceding calendar year the following:'';
(B) in paragraph (1)--
(i) by striking ``the total'' and inserting ``The total'';
and
(ii) by striking the semicolon and inserting a period;
(C) in paragraph (2)--
(i) by striking ``the total'' and inserting ``The total'';
and
(ii) by striking ``; and'' and inserting a period;
(D) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by striking
``the number'' and inserting ``The number''; and
(ii) by adding at the end the following new subparagraphs:
``(F) Records concerning electronic communications.
``(G) Records concerning wire communications.''; and
(E) by adding at the end the following new paragraphs:
``(4) A description of all other tangible things sought by
an application made for the production of any tangible things
under section 501, and the number of orders under such
section 501 granted, modified, or denied, for each tangible
thing.
``(5) A description of each order under section 501
granted, modified, or denied for the production of tangible
things on an ongoing basis.
``(6) Each department or agency on whose behalf the
Director of the Federal Bureau of Investigation or a designee
of the Director has made an application for an order
requiring the production of any tangible things under section
501.
``(7) For each department or agency described in paragraph
(6), a breakdown of the numbers and descriptions required by
paragraphs (1), (2), (3), (4), and (5).''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period and
inserting a semicolon; and
(iii) by adding at the end the following new subparagraphs:
``(C) a good faith estimate of the total number of
individuals whose tangible things were produced under an
order entered under section 501, rounded to the nearest 100;
``(D) a good faith estimate of the total number of United
States persons whose tangible things were produced under an
order entered under section 501, rounded to the nearest 100;
and
``(E) a good faith estimate of the total number of United
States persons whose tangible things were produced under an
order entered under section 501 and subsequently reviewed or
accessed by a Federal officer, employee, or agent, rounded to
the nearest 100.''; and
(B) by adding at the end the following new paragraph:
``(3) Not later than 7 days after the date on which a
report is submitted under paragraph
[[Page S7631]]
(1), the Attorney General shall make such report publicly
available.''.
(e) Additional Procedures Regarding Certain Persons Outside
the United States.--Section 707 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881f) is amended by
adding at the end the following new subsection:
``(c) Additional Annual Report.--
``(1) Report required.--In April of each year, the Attorney
General shall submit to the Permanent Select Committee on
Intelligence and the Committee on the Judiciary of the House
of Representatives and the Select Committee on Intelligence
and the Committee on the Judiciary of the Senate a report
setting forth with respect to the preceding year--
``(A) the total number of--
``(i) directives issued under section 702;
``(ii) orders granted under section 703; and
``(iii) orders granted under section 704;
``(B) good faith estimates of the total number of
individuals, rounded to the nearest 100, whose electronic or
wire communications or communications records were collected
pursuant to--
``(i) a directive issued under section 702;
``(ii) an order granted under section 703; and
``(iii) an order granted under section 704;
``(C) good faith estimates of the total number, rounded to
the nearest 100, of United States persons whose electronic or
wire communications or communications records were collected
pursuant to--
``(i) a directive issued under section 702;
``(ii) an order granted under section 703; and
``(iii) an order granted under section 704; and
``(D) a good faith estimate of the total number of United
States persons whose electronic or wire communications or
communications records were collected pursuant to a directive
issued under section 702 and subsequently reviewed or
accessed by a Federal officer, employee, or agent, rounded to
the nearest 100.
``(2) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form.
``(3) Public availability.--Not later than 7 days after the
date on which a report is submitted under paragraph (1), the
Attorney General shall make such report publicly
available.''.
SEC. 603. GOVERNMENT REPORTING ON NATIONAL SECURITY LETTERS.
Section 118(c) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended
to read as follows:
``(c) Report on Requests for National Security Letters.--
``(1) Classified form.--
``(A) In general.--Not later than March 1, 2015, and every
180 days thereafter, the Attorney General shall submit to the
Select Committee on Intelligence, the Committee on the
Judiciary, and the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Financial Services of the House of
Representatives a report fully informing the committees
concerning the requests made under section 2709(a) of title
18, United States Code, section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)),
section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u), or section 802 of the National Security Act of 1947
(50 U.S.C. 3162) during the applicable period.
``(B) Contents.--Each report under subparagraph (A) shall
include, for each provision of law described in subparagraph
(A)--
``(i) authorized requests under the provision, including
requests for subscriber information; and
``(ii) the number of authorized requests under the
provision--
``(I) that relate to a United States person;
``(II) that relate to a person that is not a United States
person;
``(III) that relate to a person that is--
``(aa) the subject of an authorized national security
investigation; or
``(bb) an individual who has been in contact with or
otherwise directly linked to the subject of an authorized
national security investigation; and
``(IV) that relate to a person that is not known to be the
subject of an authorized national security investigation.
``(2) Unclassified form.--
``(A) In general.--Not later than March 1, 2015, and every
180 days thereafter, the Attorney General shall submit to the
Select Committee on Intelligence, the Committee on the
Judiciary, and the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Financial Services of the House of
Representatives a report fully informing the committees
concerning the aggregate total of all requests identified
under paragraph (1) during the applicable period. Each report
under this paragraph shall be in unclassified form.
``(B) Contents.--Each report under subparagraph (A) shall
include the aggregate total of requests--
``(i) that relate to a United States person;
``(ii) that relate to a person that is not a United States
person;
``(iii) that relate to a person that is--
``(I) the subject of an authorized national security
investigation; or
``(II) an individual who has been in contact with or
otherwise directly linked to the subject of an authorized
national security investigation; and
``(iv) that relate to a person that is not known to be the
subject of an authorized national security investigation.
``(3) Definitions.--In this subsection:
``(A) Applicable period.--The term `applicable period'
means--
``(i) with respect to the first report submitted under
paragraph (1) or (2), the period beginning 180 days after the
date of enactment of the USA FREEDOM Act and ending on
December 31, 2014; and
``(ii) with respect to the second report submitted under
paragraph (1) or (2), and each report thereafter, the 6-month
period ending on the last day of the second month before the
date for submission of the report.
``(B) United states person.--The term `United States
person' has the meaning given that term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).''.
TITLE VII--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA
AUTHORITY
SEC. 701. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
SUBPOENA AUTHORITY.
Section 1061(g) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
(1) in paragraph (1)(D), by striking ``submit a written
request to the Attorney General of the United States that the
Attorney General'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3).
TITLE VIII--SEVERABILITY
SEC. 801. SEVERABILITY.
If any provision of this Act or an amendment made by this
Act, or the application of the provision to any person or
circumstance, is held to be unconstitutional, the remainder
of this Act and the amendments made by this Act, and the
application of the provisions of this Act and the amendments
made by this Act to any other person or circumstance, shall
not be affected thereby.
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