[Congressional Record Volume 160, Number 120 (Tuesday, July 29, 2014)]
[Senate]
[Pages S5053-S5066]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY (for himself, Mr. Lee, Mr. Durbin, Mr. Heller, Mr.
Franken, Mr. Cruz, Mr. Blumenthal, Mr. Udall of New Mexico, Mr.
Coons, Mr. Heinrich, Mr. Markey, Ms. Hirono, Ms. Klobuchar, Mr.
Whitehouse, Mr. Schumer, and Mr. Sanders):
S. 2685. A bill to reform the authorities of the Federal Government
to require the production of certain business records, conduct
electronic surveillance, use pen registers and trap and trace devices,
and use other forms of information gathering for foreign intelligence,
counterterrorism, and criminal purposes, and for other purposes; read
the first time.
[[Page S5054]]
Mr. LEAHY. Mr. President, I am going to speak on another issue. I see
my distinguished colleague from Utah Senator Lee is on the floor. It is
an issue he has worked with me on. We have tried to join together. It
was more than a year ago that not only here in the United States but
the whole world learned some very startling details about the massive
scope of the National Security Agency's surveillance programs.
Since then the American people, and actually, all three branches of
government have been debating the same fundamental questions about the
extent of government power that the Framers considered when they
crafted the Constitution. Many of us had been arguing those same
issues, whether in the Judiciary Committee, the Intelligence Committee,
or others. But it was hard to get anybody's attention.
Suddenly the whole world was listening.
The obvious question is, when and how should the government be
permitted to gather information about its citizens? How do we protect
our country while we preserve our fundamental principles and our
constitutional liberties? These questions are even more relevant and
more complex as technology develops rapidly, and as more data is
created every second.
Nobody questions that the government cannot just walk into our
houses, rifle through our drawers, our filing cabinets, and our
cupboards, to see what we might have there. But that is not where we
keep our data anymore. It is on computers. By the same token, they
shouldn't have the right to rifle through our electronic files either.
If they collect all this data, should the government be allowed to
collect and use all of it?
To what extent does this massive collection of data improve our
national security and at what cost to our privacy and free expression?
If we pick up everything, do we actually have anything?
The Senate Judiciary Committee considered these and other important
questions during the course of six public hearings held over the past
year. During this deliberative process, the Committee considered
whether the bulk collection of Americans' phone records has been
effective in preventing terrorist attacks, the privacy implications of
the program, and the effect on the U.S. technology industry. Those
hearings helped to demonstrate the need for additional limits on
government surveillance authorities.
As these hearings continued, the call for an end to bulk collection
under Section 215 of the USA PATRIOT Act grew louder and more
persistent. The President's own Review Group on Intelligence and
Communications Technology testified before the Judiciary Committee to
call for an end to bulk collection, concluding that ``[t]he information
contributed to terrorist investigations by the use of section 215
telephony meta-data was not essential to preventing attacks and could
readily have been obtained in a timely manner using conventional
section 215 orders.'' The Privacy and Civil Liberties Oversight Board
also called for an end to bulk collection, concluding that the program
``lacks a viable legal foundation under Section 215.'' Technology
executives, legal scholars and privacy advocates called for an end to
bulk collection. These witnesses also proposed meaningful reforms to
other government authorities, such as Section 702 of FISA, the pen
register and trap and trace authorities under FISA, and the national
security letter statutes.
Then, earlier this year, President Obama himself embraced the growing
consensus that the bulk collection of phone records should not continue
in its current form.
Just this week two new reports highlighted the costs of not placing
reasonable limits on government surveillance, not just the significant
economic cost if you don't put limits but the impact of journalistic
freedom and also our right to counsel--our right to counsel--something
we assume is an unalienable right, and it is, but it is being
undermined.
That is why the technology industry, the privacy and civil liberties
community are unified in support for this bill. It is actually now time
for Congress to act.
That is why I am introducing the USA FREEDOM Act of 2014. It builds
on the legislation that was passed by the House of Representatives in
May, as well as the original bicameral, bipartisan legislation I
introduced with Congressman Jim Sensenbrenner 10 months ago--last
October.
I continue to prefer the original version of the USA FREEDOM Act, but
we are running short on time in this Congress. Since passage of the
House version in May, I have been working to address concerns that the
text of the House bill--though clearly intended to end bulk
collection--did not do so effectively. I have worked with both
Republicans and Democrats, House Members and Senators.
I spent the past several months in discussions with the intelligence
community and a wide range of stakeholders, other Senators, privacy and
civil liberties groups, and our U.S. technology industry.
The bill I am introducing today is the result of those hundreds of
hours of negotiations and meetings.
First, and most importantly, this bill ensures that the ban on bulk
collection is a real ban on bulk collection and that it is effective.
It ensures the government cannot rely on section 215 of the USA PATRIOT
Act--the FISA pen register and trap-and-trace device statute or the
national security letter statutes--to engage in the indiscriminate
collection of Americans' private records: yours, mine or anybody else's
who may be watching this debate.
Under this legislation, when the government uses these authorities to
collect information, it has to narrowly limit its collection based on a
``specific selection term'' that identifies the focus of the
collection. ``Specific selection term'' is carefully defined. For
Section 215 and the pen register statute, the definition ensures that
the government must use a term that is narrowly limited to the greatest
extent reasonably practicable consistent with the purpose for seeking
the information. The bill specifies the term cannot be a broad
geographic area, such as city or State or ZIP Code or area code, nor
can it simply be a service provider. For national security letters, the
government must specifically identify the target about whom it seeks
information. These provisions preclude the government from seeking
large swaths of information that it does not need--and that might very
well include private details about the lives of law-abiding Americans.
As a backstop, the bill also mandates additional minimization
procedures when the government's collection under Section 215 is likely
to be overbroad. It requires the government to destroy data unrelated
to its investigation within a reasonable time frame.
Second, the bill enhances transparency regarding the government's use
of surveillance tools. That is one of the best checks on a runaway
government. FISA and other national security laws provide law
enforcement with an extraordinary amount of power. The American people
have a right to know how that power is exercised.
Among other things, this bill requires the government to report to
the public key information about the scope of the collection under a
range of national security authorities, including the number of queries
about Americans that it conducts in databases collected under Section
702. It also allows private companies more leeway to disclose the
number of FISA orders and national security letters they receive.
I see the distinguished Senator from Minnesota, Mr. Franken, on the
floor. I thank him in particular for his leadership and helping to
draft these transparency provisions.
Likewise, I thank Senator Blumenthal for his work on the bill's key
reforms to the FISA Court. The bill requires the FISA Court and the
FISA Court of Review, in consultation with the Privacy and Civil
Liberties Oversight Board, to appoint a panel of special advocates who
can advance legal positions supporting individual privacy and civil
liberties--in other words, it will not be just one voice that is heard,
we will actually have dissenting voices--and improve judicial review.
The FISA Court would be required to appoint one of these advocates
whenever it confronts a significant or novel issue of law, or it must
issue a written finding that appointment of an advocate is not
appropriate. The bill also requires the FISA Court to report the
[[Page S5055]]
number of times that it appoints or declines to appoint an advocate
when confronting a novel or significant issue of law. This bill
additionally provides a certification mechanism for appellate review of
FISA Court decisions when the government prevails, and it provides a
declassification process for significant FISA Court decisions.
Finally, this bill improves the judicial review procedures for
nondisclosure orders that accompany Section 215 orders and national
security letters. These have been so overused. This legislation
responds to decisions by Federal courts that found these provisions
violate the First Amendment.
While this bill contains significant reforms and improvements, it
doesn't fix every problem, and we know there is more work to be done--
in particular, with regard to Section 702 of FISA and other broad
government surveillance authorities that implicate the privacy rights
of Americans.
We could spend the next 20 years waiting to get 100 percent of
everything we need. I would like to get most of what we need and then
work on the rest.
The bill provides for public reporting on Section 702. That will help
set the stage for reform, but transparency alone is not enough. I will
continue to work with both Republican and Democratic Senators and other
outside experts to work on these issues.
For developing the legislation, I consulted closely with the Office
of the Director of National Intelligence, the NSA, the FBI, and the
Department of Justice--and every single word of this bill was vetted
with those agencies. I am grateful for their receptiveness to the
public's concerns and for their constructive participation in this
process. Together, we worked hard to ensure that this bill enacts
significant and meaningful reforms to protect individual privacy, while
providing the Intelligence Community with operational flexibility to
safeguard this country.
The Intelligence Community will still have the ability to safeguard
this country--nobody is suggesting they shouldn't, but collecting
everything is the same as having nothing. That was the mistake we had
before 9/11, where we had the information that could have stopped the
attack on 9/11, but we failed to look at it all.
I am pleased the executive branch supports our bill. I am pleased the
President agrees it should be enacted as soon as possible. But
ultimately we--Senators and our colleagues in the other body--have the
responsibility of the American people to do what is right and to
protect the privacy of the American people. That is why we have worked
hard with everybody to ensure the bill enacts meaningful reforms.
This is the most important thing to remember: We can enact this bill,
get it signed into law, and it would represent the most significant
reform of government surveillance authorities since Congress passed the
USA PATRIOT Act 13 years ago. It is a historic opportunity. We would be
derelict in our duty to this country if we passed up that opportunity.
I think if people such as Senator Lee, Senator Durbin, Senator
Heller, Senator Franken, Senator Cruz, Senator Blumenthal, Senator Tom
Udall, Senator Coons, Senator Heinrich, Senator Markey, Senator Hirono,
Senator Klobuchar, and Senator Whitehouse have joined, this is not a
partisan bill, this is not a Democratic or Republican bill, this is a
good bill that protects America.
I also note the particular contributions over many years of Senator
Wyden and Senator Mark Udall. They have worked tirelessly to protect
Americans' privacy from their posts on the Intelligence Committee.
I am introducing this revised version of the USA FREEDOM Act today
because we cannot afford to wait any longer to end the bulk collection
of Americans' records. I am concerned that we are running out of time
on the legislative calendar. Typically, my strong preference would be
to take up the bill in the Judiciary Committee and mark it up. But
given the need to act quickly, I am willing to forego regular order and
take this bill directly to the Senate Floor.
We cannot let this opportunity go by. This is a debate about
Americans' fundamental relationship with their government, about
whether our government should have the power to create massive
databases of information about its citizens or whether we are in
control of our own government, not the other way around.
I believe we have to impose stronger limits on government
surveillance powers. I am confident that most Vermonters, and most
Americans, agree with me. We need to get this right, and we need to get
it done without further delay.
I close with one very quick story I have used before. About the only
thing I have actually saved from a newspaper that was written about me,
and I liked it so much I framed it. As the distinguished Presiding
Officer knows, I live on a dirt road, a place where my wife and I
celebrated our honeymoon 52 years ago. The adjoining farmer has known
me since I was a little kid.
The whole story in that paper goes like this: A man in an out-of-
State car on a Saturday morning drives up, sees the farmer on the
porch, and says:
Does Senator Leahy live up this way?
He says: Are you a relative of his?
Well, no, I am not.
Are you a friend of his?
Well, not really.
Is he expecting you?
No.
Never heard of him.
We like our privacy.
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. 2685
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniting
and Strengthening America by Fulfilling Rights and Ensuring
Effective Discipline Over Monitoring Act of 2014'' or the
``USA FREEDOM Act of 2014''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of
1978.
TITLE I--FISA BUSINESS RECORDS REFORMS
Sec. 101. Additional requirements for call detail records.
Sec. 102. Emergency authority.
Sec. 103. Prohibition on bulk collection of tangible things.
Sec. 104. Judicial review.
Sec. 105. Liability protection.
Sec. 106. Compensation for assistance.
Sec. 107. Definitions.
Sec. 108. Inspector General reports on business records orders.
Sec. 109. Effective date.
Sec. 110. Rule of construction.
TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM
Sec. 201. Prohibition on bulk collection.
Sec. 202. Privacy procedures.
TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED
STATES REFORMS
Sec. 301. Limits on use of unlawfully obtained information.
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
Sec. 401. Appointment of amicus curiae.
Sec. 402. Declassification of decisions, orders, and opinions.
TITLE V--NATIONAL SECURITY LETTER REFORM
Sec. 501. Prohibition on bulk collection.
Sec. 502. Limitations on disclosure of national security letters.
Sec. 503. Judicial review.
TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS
Sec. 601. Additional reporting on orders requiring production of
business records; business records compliance reports to
Congress.
Sec. 602. Annual reports by the Government.
Sec. 603. Public reporting by persons subject to FISA orders.
Sec. 604. Reporting requirements for decisions, orders, and opinions of
the Foreign Intelligence Surveillance Court and the
Foreign Intelligence Surveillance Court of Review.
Sec. 605. Submission of reports under FISA.
TITLE VII--SUNSETS
Sec. 701. Sunsets.
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.).
TITLE I--FISA BUSINESS RECORDS REFORMS
SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.
(a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2))
is amended--
[[Page S5056]]
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``a
statement'' and inserting ``in the case of an application
other than an application described in subparagraph (C)
(including an application for the production of call detail
records other than in the manner described in subparagraph
(C)), a statement''; and
(B) in clause (iii), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (D), respectively; and
(3) by inserting after subparagraph (B) (as so
redesignated) the following new subparagraph:
``(C) in the case of an application for the production on a
daily basis of call detail records created before, on, or
after the date of the application relating to an authorized
investigation (other than a threat assessment) conducted in
accordance with subsection (a)(2) to protect against
international terrorism, a statement of facts showing that--
``(i) there are reasonable grounds to believe that the call
detail records sought to be produced based on the specific
selection term required under subparagraph (A) are relevant
to such investigation; and
``(ii) there is a reasonable, articulable suspicion that
such specific selection term is associated with a foreign
power engaged in international terrorism or activities in
preparation therefor, or an agent of a foreign power engaged
in international terrorism or activities in preparation
therefor; and''.
(b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is
amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) in the case of an application described in subsection
(b)(2)(C), shall--
``(i) authorize the production on a daily basis of call
detail records for a period not to exceed 180 days;
``(ii) provide that an order for such production may be
extended upon application under subsection (b) and the
judicial finding under paragraph (1) of this subsection;
``(iii) provide that the Government may require the prompt
production of call detail records--
``(I) using the specific selection term that satisfies the
standard required under subsection (b)(2)(C)(ii) as the basis
for production; and
``(II) using call detail records with a direct connection
to such specific selection term as the basis for production
of a second set of call detail records;
``(iv) provide that, when produced, such records be in a
form that will be useful to the Government;
``(v) direct each person the Government directs to produce
call detail records under the order to furnish the Government
forthwith all information, facilities, or technical
assistance necessary to accomplish the production in such a
manner as will protect the secrecy of the production and
produce a minimum of interference with the services that such
person is providing to each subject of the production; and
``(vi) direct the Government to--
``(I) adopt minimization procedures that require the prompt
destruction of all call detail records produced under the
order that the Government determines are not foreign
intelligence information; and
``(II) destroy all call detail records produced under the
order as prescribed by such procedures.''.
SEC. 102. EMERGENCY AUTHORITY.
(a) Authority.--Section 501 (50 U.S.C. 1861) is amended by
adding at the end the following new subsection:
``(i) Emergency Authority for Production of Tangible
Things.--
``(1) Notwithstanding any other provision of this section,
the Attorney General may require the emergency production of
tangible things if the Attorney General--
``(A) reasonably determines that an emergency situation
requires the production of tangible things before an order
authorizing such production can with due diligence be
obtained;
``(B) reasonably determines that the factual basis for the
issuance of an order under this section to approve such
production of tangible things exists;
``(C) informs, either personally or through a designee, a
judge having jurisdiction under this section at the time the
Attorney General requires the emergency production of
tangible things that the decision has been made to employ the
authority under this subsection; and
``(D) makes an application in accordance with this section
to a judge having jurisdiction under this section as soon as
practicable, but not later than 7 days after the Attorney
General requires the emergency production of tangible things
under this subsection.
``(2) If the Attorney General authorizes the emergency
production of tangible things under paragraph (1), the
Attorney General shall require that the minimization
procedures required by this section for the issuance of a
judicial order be followed.
``(3) In the absence of a judicial order approving the
production of tangible things under this subsection, the
production shall terminate when the information sought is
obtained, when the application for the order is denied, or
after the expiration of 7 days from the time the Attorney
General begins requiring the emergency production of such
tangible things, whichever is earliest.
``(4) A denial of the application made under this
subsection may be reviewed as provided in section 103.
``(5) If such application for approval is denied, or in any
other case where the production of tangible things is
terminated and no order is issued approving the production,
no information obtained or evidence derived from such
production shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or
before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of
the United States, a State, or a political subdivision
thereof, and no information concerning any United States
person acquired from such production shall subsequently be
used or disclosed in any other manner by Federal officers or
employees without the consent of such person, except with the
approval of the Attorney General if the information indicates
a threat of death or serious bodily harm to any person.
``(6) The Attorney General shall assess compliance with the
requirements of paragraph (5).''.
(b) Conforming Amendment.--Section 501(d) (50 U.S.C.
1861(d)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``pursuant to an order'' and inserting ``pursuant to an order
issued or an emergency production required'';
(B) in subparagraph (A), by striking ``such order'' and
inserting ``such order or such emergency production''; and
(C) in subparagraph (B), by striking ``the order'' and
inserting ``the order or the emergency production''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``an order'' and
inserting ``an order or emergency production''; and
(B) in subparagraph (B), by striking ``an order'' and
inserting ``an order or emergency production''.
SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS.
(a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)),
as amended by section 101(a) of this Act, is further amended
by inserting before subparagraph (B), as redesignated by such
section 101(a) of this Act, the following new subparagraph:
``(A) a specific selection term to be used as the basis for
the production of the tangible things sought;''.
(b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended--
(1) in paragraph (2)(A), by striking the semicolon and
inserting ``, including each specific selection term to be
used as the basis for the production;''; and
(2) by adding at the end the following new paragraph:
``(3) No order issued under this subsection may authorize
the collection of tangible things without the use of a
specific selection term that meets the requirements of
subsection (b)(2).''.
(c) Minimization Procedures.--Section 501(g)(2) (50 U.S.C.
1861(g)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
(3) by inserting after subparagraph (B) the following:
``(C) for orders in which the specific selection term does
not specifically identify an individual, account, or personal
device, procedures that prohibit the dissemination, and
require the destruction within a reasonable time period
(which time period shall be specified in the order), of any
tangible thing or information therein that has not been
determined to relate to a person who is--
``(i) a subject of an authorized investigation;
``(ii) a foreign power or a suspected agent of a foreign
power;
``(iii) reasonably likely to have information about the
activities of--
``(I) a subject of an authorized investigation; or
``(II) a suspected agent of a foreign power who is
associated with a subject of an authorized investigation; or
``(iv) in contact with or known to--
``(I) a subject of an authorized investigation; or
``(II) a suspected agent of a foreign power who is
associated with a subject of an authorized investigation,
unless the tangible thing or information therein indicates a
threat of death or serious bodily harm to any person or is
disseminated to another element of the intelligence community
for the sole purpose of determining whether the tangible
thing or information therein relates to a person who is
described in clause (i), (ii), (iii), or (iv); and''; and
(4) in subparagraph (D), as so redesignated, by striking
``(A) and (B)'' and inserting ``(A), (B), and (C)''.
SEC. 104. JUDICIAL REVIEW.
(a) Minimization Procedures.--
(1) Judicial review.--Section 501(c)(1) (50 U.S.C.
1861(c)(1)) is amended by inserting after ``subsections (a)
and (b)'' the following: ``and that the minimization
procedures submitted in accordance with subsection (b)(2)(D)
meet the definition of minimization procedures under
subsection (g)''.
(2) Technical and conforming amendment.--Section 501(g)(1)
(50 U.S.C. 1861(g)(1)) is amended--
[[Page S5057]]
(A) by striking ``Not later than 180 days after the date of
the enactment of the USA PATRIOT Improvement and
Reauthorization Act of 2005, the'' and inserting ``The''; and
(B) by inserting after ``adopt'' the following: ``, and
update as appropriate,''.
(b) Orders.--Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is
amended--
(1) in subparagraph (A)(i)--
(A) by striking ``that order'' and inserting ``the
production order or any nondisclosure order imposed in
connection with the production order''; and
(B) by striking the second sentence; and
(2) in subparagraph (C)--
(A) by striking clause (ii); and
(B) by redesignating clause (iii) as clause (ii).
SEC. 105. LIABILITY PROTECTION.
Section 501(e) (50 U.S.C. 1861(e)) is amended to read as
follows:
``(e)(1) No cause of action shall lie in any court against
a person who--
``(A) produces tangible things or provides information,
facilities, or technical assistance in accordance with an
order issued or an emergency production required under this
section; or
``(B) otherwise provides technical assistance to the
Government under this section or to implement the amendments
made to this section by the USA FREEDOM Act of 2014.
``(2) A production or provision of information, facilities,
or technical assistance described in paragraph (1) shall not
be deemed to constitute a waiver of any privilege in any
other proceeding or context.''.
SEC. 106. COMPENSATION FOR ASSISTANCE.
Section 501 (50 U.S.C. 1861), as amended by section 102 of
this Act, is further amended by adding at the end the
following new subsection:
``(j) Compensation.--The Government shall compensate a
person for reasonable expenses incurred for--
``(1) producing tangible things or providing information,
facilities, or assistance in accordance with an order issued
with respect to an application described in subsection
(b)(2)(C) or an emergency production under subsection (i)
that, to comply with subsection (i)(1)(D), requires an
application described in subsection (b)(2)(C); or
``(2) otherwise providing technical assistance to the
Government under this section or to implement the amendments
made to this section by the USA FREEDOM Act of 2014.''.
SEC. 107. DEFINITIONS.
Section 501 (50 U.S.C. 1861), as amended by section 106 of
this Act, is further amended by adding at the end the
following new subsection:
``(k) Definitions.--In this section:
``(1) Address.--The term `address' means a physical address
or electronic address, such as an electronic mail address,
temporarily assigned network address, or Internet protocol
address.
``(2) Call detail record.--The term `call detail record'--
``(A) means session identifying information (including an
originating or terminating telephone number, an International
Mobile Subscriber Identity number, or an International Mobile
Station Equipment Identity number), a telephone calling card
number, or the time or duration of a call; and
``(B) does not include--
``(i) the contents (as defined in section 2510(8) of title
18, United States Code) of any communication;
``(ii) the name, address, or financial information of a
subscriber or customer; or
``(iii) cell site location information.
``(3) Specific selection term.--
``(A) In general.--Except as provided in subparagraph (B),
the term `specific selection term'--
``(i) means a term that specifically identifies a person,
account, address, or personal device, or another specific
identifier, that is used by the Government to narrowly limit
the scope of tangible things sought to the greatest extent
reasonably practicable, consistent with the purpose for
seeking the tangible things; and
``(ii) does not include a term that does not narrowly limit
the scope of the tangible things sought to the greatest
extent reasonably practicable, consistent with the purpose
for seeking the tangible things, such as--
``(I) a term based on a broad geographic region, including
a city, State, zip code, or area code, when not used as part
of a specific identifier as described in clause (i); or
``(II) a term identifying an electronic communication
service provider (as that term is defined in section 701) or
a provider of remote computing service (as that term is
defined in section 2711 of title 18, United States Code),
when not used as part of a specific identifier as described
in clause (i), unless the provider is itself a subject of an
authorized investigation for which the specific selection
term is used as the basis of production.
``(B) Call detail record applications.--For purposes of an
application submitted under subsection (b)(2)(C), the term
`specific selection term' means a term that specifically
identifies an individual, account, or personal device.''.
SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS
ORDERS.
Section 106A of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat.
200) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and calendar years
2012 through 2014'' after ``2006'';
(B) by striking paragraphs (2) and (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (3) (as so redesignated)--
(i) by striking subparagraph (C) and inserting the
following new subparagraph:
``(C) with respect to calendar years 2012 through 2014, an
examination of the minimization procedures used in relation
to orders under section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) and whether the
minimization procedures adequately protect the constitutional
rights of United States persons;''; and
(ii) in subparagraph (D), by striking ``(as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)))'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) Calendar years 2012 through 2014.--Not later than
December 31, 2015, the Inspector General of the Department of
Justice shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives a report
containing the results of the audit conducted under
subsection (a) for calendar years 2012 through 2014.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(4) by inserting after subsection (c) the following new
subsection:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2012, and ending on December 31, 2014, the Inspector General
of the Intelligence Community shall assess--
``(A) the importance of the information acquired under
title V of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861 et seq.) to the activities of the
intelligence community;
``(B) the manner in which that information was collected,
retained, analyzed, and disseminated by the intelligence
community;
``(C) the minimization procedures used by elements of the
intelligence community under such title and whether the
minimization procedures adequately protect the constitutional
rights of United States persons; and
``(D) any minimization procedures proposed by an element of
the intelligence community under such title that were
modified or denied by the court established under section
103(a) of such Act (50 U.S.C. 1803(a)).
``(2) Submission date for assessment.--Not later than 180
days after the date on which the Inspector General of the
Department of Justice submits the report required under
subsection (c)(3), the Inspector General of the Intelligence
Community shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives a report
containing the results of the assessment for calendar years
2012 through 2014.'';
(5) in subsection (e), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection (c)(1) or
(c)(2)'' and inserting ``any report under subsection (c) or
(d)''; and
(ii) by striking ``Inspector General of the Department of
Justice'' and inserting ``Inspector General of the Department
of Justice, the Inspector General of the Intelligence
Community, and any Inspector General of an element of the
intelligence community that prepares a report to assist the
Inspector General of the Department of Justice or the
Inspector General of the Intelligence Community in complying
with the requirements of this section''; and
(B) in paragraph (2), by striking ``the reports submitted
under subsections (c)(1) and (c)(2)'' and inserting ``any
report submitted under subsection (c) or (d)'';
(6) in subsection (f), as redesignated by paragraph (3)--
(A) by striking ``The reports submitted under subsections
(c)(1) and (c)(2)'' and inserting ``Each report submitted
under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''; and
(7) by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given that term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
``(2) United states person.--The term `United States
person' has the meaning given that term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).''.
SEC. 109. EFFECTIVE DATE.
(a) In General.--The amendments made by sections 101
through 103 shall take effect on the date that is 180 days
after the date of the enactment of this Act.
(b) Rule of Construction.--Nothing in this Act shall be
construed to alter or eliminate the authority of the
Government to obtain an order under title V of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et
seq.) as in effect prior to the effective date described in
subsection (a) during the period ending on such effective
date.
[[Page S5058]]
SEC. 110. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize the
production of the contents (as such term is defined in
section 2510(8) of title 18, United States Code) of any
electronic communication from an electronic communication
service provider (as such term is defined in section
701(b)(4) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881(b)(4)) under title V of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et
seq.).
TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM
SEC. 201. PROHIBITION ON BULK COLLECTION.
(a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is
amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2)--
(A) by striking ``a certification by the applicant'' and
inserting ``a statement of the facts and circumstances relied
upon by the applicant to justify the belief of the
applicant''; and
(B) by striking the period and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) a specific selection term to be used as the basis for
the installation or use of the pen register or trap and trace
device.''.
(b) Definition.--Section 401 (50 U.S.C. 1841) is amended by
adding at the end the following new paragraph:
``(4)(A) The term `specific selection term'--
``(i) means a term that specifically identifies a person,
account, address, or personal device, or another specific
identifier, that is used by the Government to narrowly limit
the scope of information sought to the greatest extent
reasonably practicable, consistent with the purpose for the
installation or use of the pen register or trap and trace
device; and
``(ii) does not include a term that does not narrowly limit
the scope of information sought to the greatest extent
reasonably practicable, consistent with the purpose for the
installation or use of the pen register or trap and trace
device, such as--
``(I) a term based on a broad geographic region, including
a city, State, zip code, or area code, when not used as part
of a specific identifier as described in clause (i); or
``(II) a term identifying an electronic communication
service provider (as defined in section 701) or a provider of
remote computing service (as that term is defined in section
2711 of title 18, United States Code), when not used as part
of a specific identifier as described in clause (i), unless
the provider is itself a subject of an authorized
investigation for which the specific selection term is used
as the basis for the installation or use of the pen register
or trap and trace device.
``(B) For purposes of subparagraph (A), the term `address'
means a physical address or electronic address, such as an
electronic mail address, temporarily assigned network
address, or Internet protocol address.''.
SEC. 202. PRIVACY PROCEDURES.
(a) In General.--Section 402 (50 U.S.C. 1842) is amended by
adding at the end the following new subsection:
``(h) Privacy Procedures.--
``(1) In general.--The Attorney General shall ensure that
appropriate policies and procedures are in place to safeguard
nonpublicly available information concerning United States
persons that is collected through the use of a pen register
or trap and trace device installed under this section. Such
policies and procedures shall, to the maximum extent
practicable and consistent with the need to protect national
security, include privacy protections that apply to the
collection, retention, and use of information concerning
United States persons.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of the court
established under section 103(a) or of the Attorney General
to impose additional privacy or minimization procedures with
regard to the installation or use of a pen register or trap
and trace device.
``(3) Compliance assessment.--At or before the end of the
period of time for which the installation and use of a pen
register or trap and trace device is approved under an order
or an extension under this section, the judge may assess
compliance with the privacy procedures required by this
subsection by reviewing the circumstances under which
information concerning United States persons was collected,
retained, or disseminated.''.
(b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is
amended by adding at the end the following new subsection:
``(d) Privacy Procedures.--Information collected through
the use of a pen register or trap and trace device installed
under this section shall be subject to the policies and
procedures required under section 402(h).''.
TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED
STATES REFORMS
SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.
Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by
adding at the end the following new subparagraph:
``(D) Limitation on use of information.--
``(i) In general.--Except as provided in clause (ii), if
the Court orders a correction of a deficiency in a
certification or procedures under subparagraph (B), no
information obtained or evidence derived pursuant to the part
of the certification or procedures that has been identified
by the Court as deficient concerning any United States person
shall be received in evidence or otherwise disclosed in any
trial, hearing, or other proceeding in or before any court,
grand jury, department, office, agency, regulatory body,
legislative committee, or other authority of the United
States, a State, or political subdivision thereof, and no
information concerning any United States person acquired
pursuant to such part of such certification or procedures
shall subsequently be used or disclosed in any other manner
by Federal officers or employees without the consent of the
United States person, except with the approval of the
Attorney General if the information indicates a threat of
death or serious bodily harm to any person.
``(ii) Exception.--If the Government corrects any
deficiency identified by the order of the Court under
subparagraph (B), the Court may permit the use or disclosure
of information obtained before the date of the correction
under such minimization procedures as the Court shall
establish for purposes of this clause.''.
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
SEC. 401. APPOINTMENT OF AMICUS CURIAE.
Section 103 (50 U.S.C. 1803) is amended by adding at the
end the following new subsection:
``(i) Amicus Curiae.--
``(1) Appointment of special advocates.--In consultation
with the Privacy and Civil Liberties Oversight Board, the
presiding judges of the courts established under subsections
(a) and (b) shall, not later than 180 days after the
enactment of this subsection, jointly appoint not fewer than
5 attorneys to serve as special advocates, who shall serve
pursuant to rules the presiding judges may establish. Such
individuals shall be persons who possess expertise in privacy
and civil liberties, intelligence collection,
telecommunications, or any other relevant area of expertise
and who are determined to be eligible for access to
classified information necessary to participate in matters
before the courts.
``(2) Authorization.--A court established under subsection
(a) or (b), consistent with the requirement of subsection (c)
and any other statutory requirement that the court act
expeditiously or within a stated time--
``(A) shall designate a special advocate to serve as amicus
curiae to assist such court in the consideration of any
certification pursuant to subsection (j) or any application
for an order or review that, in the opinion of the court,
presents a novel or significant interpretation of the law,
unless the court issues a written finding that such
appointment is not appropriate; and
``(B) may designate or allow an individual or organization
to serve as amicus curiae or to provide technical expertise
in any other instance as such court deems appropriate.
``(3) Rule of construction.--An application for an order or
review shall be considered to present a novel or significant
interpretation of the law if such application involves
application of settled law to novel technologies or
circumstances, or any other novel or significant construction
or interpretation of any provision of law or of the
Constitution of the United States, including any novel and
significant interpretation of the term `specific selection
term'.
``(4) Duties.--
``(A) In general.--If a court established under subsection
(a) or (b) designates a special advocate to participate as an
amicus curiae in a proceeding, the special advocate--
``(i) shall advocate, as appropriate, in support of legal
interpretations that advance individual privacy and civil
liberties;
``(ii) shall have access to all relevant legal precedent,
and any application, certification, petition, motion, or such
other materials as are relevant to the duties of the special
advocate;
``(iii) may consult with any other special advocates
regarding information relevant to any assigned case,
including sharing relevant materials; and
``(iv) may request that the court appoint technical and
subject matter experts, not employed by the Government, to be
available to assist the special advocate in performing the
duties of the special advocate.
``(B) Briefings or access to materials.--The Attorney
General shall periodically brief or provide relevant
materials to special advocates regarding constructions and
interpretations of this Act and legal, technological and
other issues related to actions authorized by this Act.
``(C) Access to classified information.--
``(i) In general.--A special advocate, experts appointed to
assist a special advocate, or any other amicus or technical
expert appointed by the court may have access to classified
documents, information, and other materials or proceedings
only if that individual is eligible for access to classified
information and to the extent consistent with the national
security of the United States.
``(ii) Rule of construction.--Nothing in this section shall
be construed to require the Government to provide information
to a special advocate, other amicus, or technical expert that
is privileged from disclosure.
``(5) Notification.--The presiding judges of the courts
established under subsections (a) and (b) shall notify the
Attorney General of each exercise of the authority to appoint
an individual to serve as amicus curiae under paragraph (1).
``(6) Assistance.--A court established under subsection (a)
or (b) may request and receive (including on a non-
reimbursable
[[Page S5059]]
basis) the assistance of the executive branch in the
implementation of this subsection.
``(7) Administration.--A court established under subsection
(a) or (b) may provide for the designation, appointment,
removal, training, or other support for an individual
appointed to serve as a special advocate under paragraph (1)
in a manner that is not inconsistent with this subsection.
``(j) Review of FISA Court Decisions.--After issuing an
order, a court established under subsection (a) shall certify
for review to the court established under subsection (b) any
question of law that the court determines warrants such
review because of a need for uniformity or because
consideration by the court established under subsection (b)
would serve the interests of justice. Upon certification of a
question of law under this paragraph, the court established
under subsection (b) may give binding instructions or require
the entire record to be sent up for decision of the entire
matter in controversy.
``(k) Review of FISA Court of Review Decisions.--
``(1) Certification.--For any decision issued by the court
of review established under subsection (b) approving, in
whole or in part, an application by the Government under this
Act, such court may certify at any time, including after a
decision, a question of law to be reviewed by the Supreme
Court of the United States.
``(2) Special advocate briefing.--Upon certification of an
application under paragraph (1), the court of review
established under subsection (b) may designate a special
advocate to provide briefing as prescribed by the Supreme
Court.
``(3) Review.--The Supreme Court may review any question of
law certified under paragraph (1) by the court of review
established under subsection (b) in the same manner as the
Supreme Court reviews questions certified under section
1254(2) of title 28, United States Code.
``(l) Payment for Service as Special Advocate.--A special
advocate designated in a proceeding pursuant to subsection
(i)(2)(A) of this section may seek, at the conclusion of the
proceeding in which the special advocate was designated,
compensation for services provided pursuant to the
designation. A special advocate seeking compensation shall be
compensated in an amount reflecting fair compensation for the
services provided, as determined by the court designating the
special advocate and approved by the presiding judges of the
courts established under subsections (a) and (b).
``(m) Appropriations.--There are authorized to be
appropriated to the United States courts such sums as may be
necessary to carry out the provisions of this section. When
so specified in appropriation acts, such appropriations shall
remain available until expended. Payments from such
appropriations shall be made under the supervision of the
Director of the Administrative Office of the United States
Courts.''.
SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND
OPINIONS.
(a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is
amended--
(1) in the heading, by striking ``REPORTING REQUIREMENT''
and inserting ``OVERSIGHT''; and
(2) by adding at the end the following new section:
``SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS,
ORDERS, AND OPINIONS.
``(a) Declassification Required.--Subject to subsection
(b), the Director of National Intelligence, in consultation
with the Attorney General, shall conduct a declassification
review of each decision, order, or opinion issued by the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review (as defined in
section 601(e)) that includes a significant construction or
interpretation of law, including any novel or significant
construction or interpretation of the term `specific
selection term', and, consistent with that review, make
publicly available to the greatest extent practicable each
such decision, order, or opinion.
``(b) Redacted Form.--The Director of National
Intelligence, in consultation with the Attorney General, may
satisfy the requirement under subsection (a) to make a
decision, order, or opinion described in such subsection
publicly available to the greatest extent practicable by
making such decision, order, or opinion publicly available in
redacted form.
``(c) National Security Waiver.--The Director of National
Intelligence, in consultation with the Attorney General, may
waive the requirement to declassify and make publicly
available a particular decision, order, or opinion under
subsection (a) if--
``(1) the Director of National Intelligence, in
consultation with the Attorney General, determines that a
waiver of such requirement is necessary to protect the
national security of the United States or properly classified
intelligence sources or methods; and
``(2) the Director of National Intelligence makes publicly
available an unclassified statement prepared by the Attorney
General, in consultation with the Director of National
Intelligence--
``(A) summarizing the significant construction or
interpretation of law, which shall include, to the extent
consistent with national security, each legal question
addressed by the decision and how such question was resolved,
in general terms the context in which the matter arises, and
a description of the construction or interpretation of any
statute, constitutional provision, or other legal authority
relied on by the decision; and
``(B) that specifies that the statement has been prepared
by the Attorney General and constitutes no part of the
opinion of the Foreign Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court of Review.''.
(b) Table of Contents Amendments.--The table of contents in
the first section is amended--
(1) by striking the item relating to title VI and inserting
the following new item:
``TITLE VI--OVERSIGHT'';
and
(2) by inserting after the item relating to section 601 the
following new item:
``Sec. 602. Declassification of significant decisions, orders, and
opinions.''.
TITLE V--NATIONAL SECURITY LETTER REFORM
SEC. 501. PROHIBITION ON BULK COLLECTION.
(a) Counterintelligence Access to Telephone Toll and
Transactional Records.--Section 2709(b) of title 18, United
States Code, is amended in the matter preceding paragraph (1)
by striking ``may'' and inserting ``may, using a term that
specifically identifies a person, entity, telephone number,
or account as the basis for a request''.
(b) Access to Financial Records for Certain Intelligence
and Protective Purposes.--Section 1114(a)(2) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is
amended by striking the period and inserting ``and a term
that specifically identifies a customer, entity, or account
to be used as the basis for the production and disclosure of
financial records.''.
(c) Disclosures to FBI of Certain Consumer Records for
Counterintelligence Purposes.--Section 626 of the Fair Credit
Reporting Act (15 U.S.C. 1681u) is amended--
(1) in subsection (a), by striking ``that information,''
and inserting ``that information that includes a term that
specifically identifies a consumer or account to be used as
the basis for the production of that information,'';
(2) in subsection (b), by striking ``written request,'' and
inserting ``written request that includes a term that
specifically identifies a consumer or account to be used as
the basis for the production of that information,''; and
(3) in subsection (c), by inserting ``, which shall include
a term that specifically identifies a consumer or account to
be used as the basis for the production of the information,''
after ``issue an order ex parte''.
(d) Disclosures to Governmental Agencies for
Counterterrorism Purposes of Consumer Reports.--Section
627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a))
is amended by striking ``analysis.'' and inserting ``analysis
and that includes a term that specifically identifies a
consumer or account to be used as the basis for the
production of such information.''.
SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY
LETTERS.
(a) Counterintelligence Access to Telephone Toll and
Transactional Records.--Section 2709 of title 18, United
States Code, is amended by striking subsection (c) and
inserting the following new subsection:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under subsection (d) is provided, no wire or electronic
communication service provider that receives a request under
subsection (b), or officer, employee, or agent thereof, shall
disclose to any person that the Federal Bureau of
Investigation has sought or obtained access to information or
records under this section.
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that the absence of a prohibition of
disclosure under this subsection may result in--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A wire or electronic communication
service provider that receives a request under subsection
(b), or officer, employee, or agent thereof, may disclose
information otherwise subject to any applicable nondisclosure
requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom a request is
issued under subsection (b) in the same manner as the person
to whom the request is issued.
[[Page S5060]]
``(C) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall notify the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person
making or intending to make a disclosure under clause (i) or
(iii) of subparagraph (A) shall identify to the Director or
such designee the person to whom such disclosure will be made
or to whom such disclosure was made prior to the request.
``(3) Termination.--
``(A) In general.--In the case of any request under
subsection (b) for which a recipient has submitted a
notification to the Government under section 3511(b)(1)(A) or
filed a petition for judicial review under subsection (d)--
``(i) an appropriate official of the Federal Bureau of
Investigation shall, until termination of the nondisclosure
requirement, review the facts supporting a nondisclosure
requirement annually and upon closure of the investigation;
and
``(ii) if, upon a review under clause (i), the facts no
longer support the nondisclosure requirement, an appropriate
official of the Federal Bureau of Investigation shall
promptly notify the wire or electronic service provider, or
officer, employee, or agent thereof, subject to the
nondisclosure requirement, and the court as appropriate, that
the nondisclosure requirement is no longer in effect.
``(B) Closure of investigation.--Upon closure of the
investigation--
``(i) the Federal Bureau of Investigation may petition the
court before which a notification or petition for judicial
review under subsection (d) has been filed for a
determination that disclosure may result in the harm
described in clause (i), (ii), (iii), or (iv) of paragraph
(1)(B), if it notifies the recipient of such petition;
``(ii) the court shall review such a petition pursuant to
the procedures under section 3511; and
``(iii) if the court determines that there is reason to
believe that disclosure may result in the harm described in
clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the
Federal Bureau of Investigation shall no longer be required
to conduct the annual review of the facts supporting the
nondisclosure requirement under subparagraph (A).''.
(b) Access to Financial Records for Certain Intelligence
and Protective Purposes.--Section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended--
(1) in subsection (a)(5), by striking subparagraph (D); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under subsection (d) is provided, no financial institution
that receives a request under subsection (a), or officer,
employee, or agent thereof, shall disclose to any person that
the Federal Bureau of Investigation has sought or obtained
access to information or records under subsection (a).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that the absence of a prohibition of
disclosure under this subsection may result in--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A financial institution that receives a
request under subsection (a), or officer, employee, or agent
thereof, may disclose information otherwise subject to any
applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom a request is
issued under subsection (a) in the same manner as the person
to whom the request is issued.
``(C) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person
making or intending to make a disclosure under clause (i) or
(iii) of subparagraph (A) shall identify to the Director or
such designee the person to whom such disclosure will be made
or to whom such disclosure was made prior to the request.
``(3) Termination.--
``(A) In general.--In the case of any request under
subsection (a) for which a recipient has submitted a
notification to the Government under section 3511(b)(1)(A) of
title 18, United States Code, or filed a petition for
judicial review under subsection (d)--
``(i) an appropriate official of the Federal Bureau of
Investigation shall, until termination of the nondisclosure
requirement, review the facts supporting a nondisclosure
requirement annually and upon closure of the investigation;
and
``(ii) if, upon a review under clause (i), the facts no
longer support the nondisclosure requirement, an appropriate
official of the Federal Bureau of Investigation shall
promptly notify the financial institution, or officer,
employee, or agent thereof, subject to the nondisclosure
requirement, and the court as appropriate, that the
nondisclosure requirement is no longer in effect.
``(B) Closure of investigation.--Upon closure of the
investigation--
``(i) the Federal Bureau of Investigation may petition the
court before which a notification or petition for judicial
review under subsection (d) has been filed for a
determination that disclosure may result in the harm
described in clause (i), (ii), (iii), or (iv) of paragraph
(1)(B), if it notifies the recipient of such petition;
``(ii) the court shall review such a petition pursuant to
the procedures under section 3511 of title 18, United States
Code; and
``(iii) if the court determines that there is reason to
believe that disclosure may result in the harm described in
clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the
Federal Bureau of Investigation shall no longer be required
to conduct the annual review of the facts supporting the
nondisclosure requirement under subparagraph (A).''.
(c) Identity of Financial Institutions and Credit
Reports.--Section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u) is amended by striking subsection (d) and
inserting the following new subsection:
``(d) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under subsection (e) is provided, no consumer reporting
agency that receives a request under subsection (a) or (b) or
an order under subsection (c), or officer, employee, or agent
thereof, shall disclose or specify in any consumer report,
that the Federal Bureau of Investigation has sought or
obtained access to information or records under subsection
(a), (b), or (c).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that the absence of a prohibition of
disclosure under this subsection may result in--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency that
receives a request under subsection (a) or (b) or an order
under subsection (c), or officer, employee, or agent thereof,
may disclose information otherwise subject to any applicable
nondisclosure requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom a request under
subsection (a) or (b) or an order under subsection (c) is
issued in the same manner as the person to whom the request
is issued.
``(C) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person
making or intending to make a disclosure under clause (i) or
(iii) of subparagraph (A) shall identify to the Director or
such designee the person to whom such disclosure will be made
or to whom such disclosure was made prior to the request.
``(3) Termination.--
``(A) In general.--In the case of any request under
subsection (a) or (b) or order under subsection (c) for which
a recipient has submitted a notification to the Government
under section 3511(b)(1)(A) of title 18, United States Code,
or filed a petition for judicial review under subsection
(e)--
[[Page S5061]]
``(i) an appropriate official of the Federal Bureau of
Investigation shall, until termination of the nondisclosure
requirement, review the facts supporting a nondisclosure
requirement annually and upon closure of the investigation;
and
``(ii) if, upon a review under clause (i), the facts no
longer support the nondisclosure requirement, an appropriate
official of the Federal Bureau of Investigation shall
promptly notify the consumer reporting agency, or officer,
employee, or agent thereof, subject to the nondisclosure
requirement, and the court as appropriate, that the
nondisclosure requirement is no longer in effect.
``(B) Closure of investigation.--Upon closure of the
investigation--
``(i) the Federal Bureau of Investigation may petition the
court before which a notification or petition for judicial
review under subsection (e) has been filed for a
determination that disclosure may result in the harm
described in clause (i), (ii), (iii), or (iv) of paragraph
(1)(B), if it notifies the recipient of such petition;
``(ii) the court shall review such a petition pursuant to
the procedures under section 3511 of title 18, United States
Code; and
``(iii) if the court determines that there is reason to
believe that disclosure may result in the harm described in
clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the
Federal Bureau of Investigation shall no longer be required
to conduct the annual review of the facts supporting the
nondisclosure requirement under subparagraph (A).''.
(d) Consumer Reports.--Section 627 of the Fair Credit
Reporting Act (15 U.S.C. 1681v) is amended by striking
subsection (c) and inserting the following new subsection:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under subsection (d) is provided, no consumer reporting
agency that receives a request under subsection (a), or
officer, employee, or agent thereof, shall disclose or
specify in any consumer report, that a government agency
described in subsection (a) has sought or obtained access to
information or records under subsection (a).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the head of the government agency described in
subsection (a), or a designee, certifies that the absence of
a prohibition of disclosure under this subsection may result
in--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency that
receives a request under subsection (a), or officer,
employee, or agent thereof, may disclose information
otherwise subject to any applicable nondisclosure requirement
to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the head of the
government agency described in subsection (a) or a designee.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom a request under
subsection (a) is issued in the same manner as the person to
whom the request is issued.
``(C) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the head of the government agency described in
subsection (a) or a designee, any person making or intending
to make a disclosure under clause (i) or (iii) of
subparagraph (A) shall identify to the head or such designee
the person to whom such disclosure will be made or to whom
such disclosure was made prior to the request.
``(3) Termination.--
``(A) In general.--In the case of any request under
subsection (a) for which a recipient has submitted a
notification to the Government under section 3511(b)(1)(A) of
title 18, United States Code, or filed a petition for
judicial review under subsection (d)--
``(i) an appropriate official of the agency described in
subsection (a) shall, until termination of the nondisclosure
requirement, review the facts supporting a nondisclosure
requirement annually and upon closure of the investigation;
and
``(ii) if, upon a review under clause (i), the facts no
longer support the nondisclosure requirement, an appropriate
official of the agency described in subsection (a) shall
promptly notify the consumer reporting agency, or officer,
employee, or agent thereof, subject to the nondisclosure
requirement, and the court as appropriate, that the
nondisclosure requirement is no longer in effect.
``(B) Closure of investigation.--Upon closure of the
investigation--
``(i) the agency described in subsection (a) may petition
the court before which a notification or petition for
judicial review under subsection (d) has been filed for a
determination that disclosure may result in the harm
described in clause (i), (ii), (iii), or (iv) of paragraph
(1)(B), if it notifies the recipient of such petition;
``(ii) the court shall review such a petition pursuant to
the procedures under section 3511 of title 18, United States
Code; and
``(iii) if the court determines that there is reason to
believe that disclosure may result in the harm described in
clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the
agency described in subsection (1) shall no longer be
required to conduct the annual review of the facts supporting
the nondisclosure requirement under subparagraph (A).''.
(e) Investigations of Persons With Access to Classified
Information.--Section 802 of the National Security Act of
1947 (50 U.S.C. 3162) is amended by striking subsection (b)
and inserting the following new subsection:
``(b) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under subsection (c) is provided, no governmental or private
entity that receives a request under subsection (a), or
officer, employee, or agent thereof, shall disclose to any
person that an authorized investigative agency described in
subsection (a) has sought or obtained access to information
under subsection (a).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the head of an authorized investigative agency
described in subsection (a), or a designee, certifies that
the absence of a prohibition of disclosure under this
subsection may result in--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A governmental or private entity that
receives a request under subsection (a), or officer,
employee, or agent thereof, may disclose information
otherwise subject to any applicable nondisclosure requirement
to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the head of the
authorized investigative agency described in subsection (a)
or a designee.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom a request is
issued under subsection (a) in the same manner as the person
to whom the request is issued.
``(C) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(D) Identification of disclosure recipients.--At the
request of the head of an authorized investigative agency
described in subsection (a), or a designee, any person making
or intending to make a disclosure under clause (i) or (iii)
of subparagraph (A) shall identify to the head of the
authorized investigative agency or such designee the person
to whom such disclosure will be made or to whom such
disclosure was made prior to the request.
``(3) Termination.--
``(A) In general.--In the case of any request for which a
recipient has submitted a notification to the Government
under section 3511(b)(1)(A) of title 18, United States Code,
or filed a petition for judicial review under subsection
(c)--
``(i) an appropriate official of the authorized
investigative agency making the request under subsection (a)
shall, until termination of the nondisclosure requirement,
review the facts supporting a nondisclosure requirement
annually and upon closure of the investigation; and
``(ii) if, upon a review under clause (i), the facts no
longer support the nondisclosure requirement, an appropriate
official of the authorized investigative agency making the
request under subsection (a) shall promptly notify the
recipient of the request, or officer, employee, or agent
thereof, subject to the nondisclosure requirement, and the
court as appropriate, that the nondisclosure requirement is
no longer in effect.
``(B) Closure of investigation.--Upon closure of the
investigation--
``(i) the authorized investigative agency making the
request under subsection (a) may petition the court before
which a notification or petition for judicial review under
subsection (c) has been filed for a determination that
disclosure may result in the harm described in clause (i),
(ii), (iii), or (iv) of paragraph (1)(B), if it notifies the
recipient of such petition;
``(ii) the court shall review such a petition pursuant to
the procedures under section 3511 of title 18, United States
Code; and
``(iii) if the court determines that there is reason to
believe that disclosure may result in the harm described in
clause (i), (ii), (iii),
[[Page S5062]]
or (iv) of paragraph (1)(B), the authorized investigative
agency shall no longer be required to conduct the annual
review of the facts supporting the nondisclosure requirement
under subparagraph (A).''.
(f) Judicial Review.--Section 3511 of title 18, United
States Code, is amended by striking subsection (b) and
inserting the following new subsection:
``(b) Nondisclosure.--
``(1) In general.--
``(A) Notice.--If a recipient of a request or order for a
report, records, or other information under section 2709 of
this title, section 626 or 627 of the Fair Credit Reporting
Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414), or section
802 of the National Security Act of 1947 (50 U.S.C. 3162),
wishes to have a court review a nondisclosure requirement
imposed in connection with the request or order, the
recipient may notify the Government or file a petition for
judicial review in any court described in subsection (a).
``(B) Application.--Not later than 30 days after the date
of receipt of a notification under subparagraph (A), the
Government shall apply for an order prohibiting the
disclosure of the existence or contents of the relevant
request or order. An application under this subparagraph may
be filed in the district court of the United States for the
judicial district in which the recipient of the order is
doing business or in the district court of the United States
for any judicial district within which the authorized
investigation that is the basis for the request is being
conducted. The applicable nondisclosure requirement shall
remain in effect during the pendency of proceedings relating
to the requirement.
``(C) Consideration.--A district court of the United States
that receives a petition under subparagraph (A) or an
application under subparagraph (B) should rule expeditiously,
and shall, subject to paragraph (3), issue a nondisclosure
order that includes conditions appropriate to the
circumstances.
``(2) Application contents.--An application for a
nondisclosure order or extension thereof or a response to a
petition filed under paragraph (1) shall include a
certification from the Attorney General, Deputy Attorney
General, an Assistant Attorney General, or the Director of
the Federal Bureau of Investigation, or a designee in a
position not lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director, or in the case of a
request by a department, agency, or instrumentality of the
Federal Government other than the Department of Justice, the
head or deputy head of the department, agency, or
instrumentality, containing a statement of specific facts
indicating that the absence of a prohibition of disclosure
under this subsection may result in--
``(A) a danger to the national security of the United
States;
``(B) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any person.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure order or extension thereof under
this subsection if the court determines that there is reason
to believe that disclosure of the information subject to the
nondisclosure requirement during the applicable time period
may result in--
``(A) a danger to the national security of the United
States;
``(B) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.''.
SEC. 503. JUDICIAL REVIEW.
(a) Counterintelligence Access to Telephone Toll and
Transactional Records.--Section 2709 of title 18, United
States Code, is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Judicial Review.--
``(1) In general.--A request under subsection (b) or a
nondisclosure requirement imposed in connection with such
request under subsection (c) shall be subject to judicial
review under section 3511.
``(2) Notice.--A request under subsection (b) shall include
notice of the availability of judicial review described in
paragraph (1).''.
(b) Access to Financial Records for Certain Intelligence
and Protective Purposes.--Section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Judicial Review.--
``(1) In general.--A request under subsection (a) or a
nondisclosure requirement imposed in connection with such
request under subsection (c) shall be subject to judicial
review under section 3511 of title 18, United States Code.
``(2) Notice.--A request under subsection (a) shall include
notice of the availability of judicial review described in
paragraph (1).''.
(c) Identity of Financial Institutions and Credit
Reports.--Section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u) is amended--
(1) by redesignating subsections (e) through (m) as
subsections (f) through (n), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Judicial Review.--
``(1) In general.--A request under subsection (a) or (b) or
an order under subsection (c) or a non-disclosure requirement
imposed in connection with such request under subsection (d)
shall be subject to judicial review under section 3511 of
title 18, United States Code.
``(2) Notice.--A request under subsection (a) or (b) or an
order under subsection (c) shall include notice of the
availability of judicial review described in paragraph
(1).''.
(d) Identity of Financial Institutions and Credit
Reports.--Section 627 of the Fair Credit Reporting Act (15
U.S.C. 1681v) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Judicial Review.--
``(1) In general.--A request under subsection (a) or a non-
disclosure requirement imposed in connection with such
request under subsection (c) shall be subject to judicial
review under section 3511 of title 18, United States Code.
``(2) Notice.--A request under subsection (a) shall include
notice of the availability of judicial review described in
paragraph (1).''.
(e) Investigations of Persons With Access to Classified
Information.--Section 802 of the National Security Act of
1947 (50 U.S.C. 3162) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Judicial Review.--
``(1) In general.--A request under subsection (a) or a
nondisclosure requirement imposed in connection with such
request under subsection (b) shall be subject to judicial
review under section 3511 of title 18, United States Code.
``(2) Notice.--A request under subsection (a) shall include
notice of the availability of judicial review described in
paragraph (1).''.
TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS
SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION
OF BUSINESS RECORDS; BUSINESS RECORDS
COMPLIANCE REPORTS TO CONGRESS.
Section 502(b) (50 U.S.C. 1862(b)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting before paragraph (6) (as so redesignated)
the following new paragraphs:
``(1) a summary of all compliance reviews conducted by the
Government for the production of tangible things under
section 501;
``(2) the total number of applications described in section
501(b)(2)(B) made for orders approving requests for the
production of tangible things;
``(3) the total number of such orders either granted,
modified, or denied;
``(4) the total number of applications described in section
501(b)(2)(C) made for orders approving requests for the
production of call detail records;
``(5) the total number of such orders either granted,
modified, or denied;''.
SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT.
(a) In General.--Title VI (50 U.S.C. 1871 et seq.), as
amended by section 402 of this Act, is further amended by
adding at the end the following new section:
``SEC. 603. ANNUAL REPORTS.
``(a) Report by Director of the Administrative Office of
the United States Courts.--The Director of the Administrative
Office of the United States Courts shall annually submit to
the Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives
and the Select Committee on Intelligence and the Committee on
the Judiciary of the Senate, subject to a declassification
review by the Attorney General and the Director of National
Intelligence, a report, made publicly available on an
Internet Web site, that includes--
``(1) the number of applications or certifications for
orders submitted under each of sections 105, 304, 402, 501,
702, 703, and 704;
``(2) the number of orders entered under each of those
sections;
``(3) the number of orders modified under each of those
sections;
``(4) the number of orders denied under each of those
sections;
``(5) the number of appointments of an individual to serve
as amicus curiae under section 103, including the name of
each individual appointed to serve as amicus curiae; and
``(6) the number of written findings issued under section
103(i) that such appointment is not appropriate and the text
of any such written findings.
``(b) Mandatory Reporting by Director of National
Intelligence.--
[[Page S5063]]
``(1) In general.--Except as provided in subsection (e),
the Director of National Intelligence shall annually make
publicly available on an Internet Web site a report that
identifies, for the preceding 12-month period--
``(A) the total number of orders issued pursuant to titles
I and III and sections 703 and 704 and a good faith estimate
of the number of targets of such orders;
``(B) the total number of orders issued pursuant to section
702 and a good faith estimate of--
``(i) the number of targets of such orders;
``(ii) the number of individuals whose communications were
collected pursuant to such orders;
``(iii) the number of individuals whose communications were
collected pursuant to such orders who are reasonably believed
to have been located in the United States at the time of
collection;
``(iv) the number of search terms that included information
concerning a United States person that were used to query any
database of the contents of electronic communications or wire
communications obtained through the use of an order issued
pursuant to section 702; and
``(v) the number of search queries initiated by an officer,
employee, or agent of the United States whose search terms
included information concerning a United States person in any
database of noncontents information relating to electronic
communications or wire communications that were obtained
through the use of an order issued pursuant to section 702;
``(C) the total number of orders issued pursuant to title
IV and a good faith estimate of--
``(i) the number of targets of such orders;
``(ii) the number of individuals whose communications were
collected pursuant to such orders; and
``(iii) the number of individuals whose communications were
collected pursuant to such orders who are reasonably believed
to have been located in the United States at the time of
collection;
``(D) the total number of orders issued pursuant to
applications made under section 501(b)(2)(B) and a good faith
estimate of--
``(i) the number of targets of such orders;
``(ii) the number of individuals whose communications were
collected pursuant to such orders; and
``(iii) the number of individuals whose communications were
collected pursuant to such orders who are reasonably believed
to have been located in the United States at the time of
collection;
``(E) the total number of orders issued pursuant to
applications made under section 501(b)(2)(C) and a good faith
estimate of--
``(i) the number of targets of such orders;
``(ii) the number of individuals whose communications were
collected pursuant to such orders;
``(iii) the number of individuals whose communications were
collected pursuant to such orders who are reasonably believed
to have been located in the United States at the time of
collection; and
``(iv) the number of search terms that included information
concerning a United States person that were used to query any
database of call detail records obtained through the use of
such orders; and
``(F) the total number of national security letters issued
and the number of requests for information contained within
such national security letters.
``(2) Basis for reasonable belief individual is located in
united states.--A phone number registered in the United
States may provide the basis for a reasonable belief that the
individual using the phone number is located in the United
States at the time of collection.
``(c) Discretionary Reporting by Director of National
Intelligence.--The Director of National Intelligence may
annually make publicly available on an Internet Web site a
report that identifies, for the preceding 12-month period--
``(1) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to titles I and III and sections 703 and 704
reasonably believed to have been located in the United States
at the time of collection whose information was reviewed or
accessed by an officer, employee, or agent of the United
States;
``(2) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to section 702 reasonably believed to have been
located in the United States at the time of collection whose
information was reviewed or accessed by an officer, employee,
or agent of the United States;
``(3) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to title IV reasonably believed to have been located
in the United States at the time of collection whose
information was reviewed or accessed by an officer, employee,
or agent of the United States;
``(4) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to applications made under section 501(b)(2)(B)
reasonably believed to have been located in the United States
at the time of collection whose information was reviewed or
accessed by an officer, employee, or agent of the United
States; and
``(5) a good faith estimate of the number of individuals
whose communications were collected pursuant to orders issued
pursuant to applications made under section 501(b)(2)(C)
reasonably believed to have been located in the United States
at the time of collection whose information was reviewed or
accessed by an officer, employee, or agent of the United
States.
``(d) Timing.--The annual reports required by subsections
(a) and (b) and permitted by subsection (c) shall be made
publicly available during April of each year and include
information relating to the previous year.
``(e) Exceptions.--
``(1) Reporting by unique identifier.--If it is not
practicable to report the good faith estimates required by
subsection (b) and permitted by subsection (c) in terms of
individuals, the good faith estimates may be counted in terms
of unique identifiers, including names, account names or
numbers, addresses, or telephone or instrument numbers.
``(2) Statement of numerical range.--If a good faith
estimate required to be reported under clauses (ii) or (iii)
of each of subparagraphs (B), (C), (D), and (E) of paragraph
(1) of subsection (b) or permitted to be reported in
subsection (c), is fewer than 500, it shall exclusively be
expressed as a numerical range of `fewer than 500' and shall
not be expressed as an individual number.
``(3) Federal bureau of investigation.--Subparagraphs
(B)(iv), (B)(v), (D)(iii), (E)(iii), and (E)(iv) of paragraph
(1) of subsection (b) shall not apply to information or
records held by, or queries conducted by, the Federal Bureau
of Investigation.
``(4) Certification.--
``(A) In general.--If the Director of National Intelligence
concludes that a good faith estimate required to be reported
under subparagraph (B)(iii) or (C)(iii) of paragraph (1) of
subsection (b) cannot be determined accurately, including
through the use of statistical sampling, the Director shall--
``(i) certify that conclusion in writing to the Permanent
Select Committee on Intelligence and the Committee on the
Judiciary of the House of Representatives and the Select
Committee on Intelligence and the Committee on the Judiciary
of the Senate; and
``(ii) make such certification publicly available on an
Internet Web site.
``(B) Content.--
``(i) In general.--The certification described in
subparagraph (A) shall state with specificity any
operational, national security, or other reasons why the
Director of National Intelligence has reached the conclusion
described in subparagraph (A).
``(ii) Good faith estimates of certain individuals whose
communications were collected under orders issued under
section 702.--A certification described in subparagraph (A)
relating to a good faith estimate required to be reported
under subsection (b)(1)(B)(iii) may include the information
annually reported pursuant to section 702(l)(3)(A).
``(iii) Good faith estimates of certain individuals whose
communications were collected under orders issued under title
iv.--If the Director of National Intelligence determines that
a good faith estimate required to be reported under
subsection (b)(1)(C)(iii) cannot be determined accurately as
that estimate pertains to electronic communications, but can
be determined accurately for wire communications, the
Director shall make the certification described in
subparagraph (A) with respect to electronic communications
and shall also report the good faith estimate with respect to
wire communications.
``(C) Form.--A certification described in subparagraph (A)
shall be prepared in unclassified form, but may contain a
classified annex.
``(D) Timing.--If the Director of National Intelligence
continues to conclude that the good faith estimates described
in this paragraph cannot be determined accurately, the
Director shall annually submit a certification in accordance
with this paragraph.
``(f) Construction.--Nothing in this section affects the
lawfulness or unlawfulness of any government surveillance
activities described herein.
``(g) Definitions.--In this section:
``(1) Contents.--The term `contents' has the meaning given
that term under section 2510 of title 18, United States Code.
``(2) Electronic communication.--The term `electronic
communication' has the meaning given that term under section
2510 of title 18, United States Code.
``(3) Individual whose communications were collected.--The
term `individual whose communications were collected' means
any individual--
``(A) who was a party to an electronic communication or a
wire communication the contents or noncontents of which was
collected; or
``(B)(i) who was a subscriber or customer of an electronic
communication service or remote computing service; and
``(ii) whose records, as described in subparagraph (A),
(B), (D), (E), or (F) of section 2703(c)(2) of title 18,
United States Code, were collected.
``(4) National security letter.--The term `national
security letter' means a request for a report, records, or
other information under--
``(A) section 2709 of title 18, United States Code;
``(B) section 1114(a)(5)(A) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));
``(C) subsection (a) or (b) of section 626 of the Fair
Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)); or
[[Page S5064]]
``(D) section 627(a) of the Fair Credit Reporting Act (15
U.S.C. 1681v(a)).
``(5) United states person.--The term `United States
person' means a citizen of the United States or an alien
lawfully admitted for permanent residence (as defined in
section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a))).
``(6) Wire communication.--The term `wire communication'
has the meaning given that term under section 2510 of title
18, United States Code.''.
(b) Table of Contents Amendment.--The table of contents, as
amended by section 402 of this Act, is further amended by
inserting after the item relating to section 602, as added by
section 402 of this Act, the following new item:
``Sec. 603. Annual reports.''.
(c) Public Reporting on National Security Letters.--Section
118(c) of the USA PATRIOT Improvement and Reauthorization Act
of 2005 (18 U.S.C. 3511 note) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``concerning different United States persons''; and
(B) in subparagraph (A), by striking ``, excluding the
number of requests for subscriber information'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Content.--
``(A) In general.--Except as provided in subparagraph (B),
each report required under this subsection shall include a
good faith estimate of the total number of requests described
in paragraph (1) requiring disclosure of information
concerning--
``(i) United States persons; and
``(ii) persons who are not United States persons.
``(B) Exception.--With respect to the number of requests
for subscriber information under section 2709 of title 18,
United States Code, a report required under this subsection
need not separate the number of requests into each of the
categories described in subparagraph (A).''.
(d) Stored Communications.--Section 2702(d) of title 18,
United States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2)(B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the number of accounts from which the Department of
Justice has received voluntary disclosures under subsection
(c)(4).''.
SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS.
(a) In General.--Title VI (50 U.S.C. 1871 et seq.), as
amended by sections 402 and 602 of this Act, is further
amended by adding at the end the following new section:
``SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.
``(a) Reporting.--A person subject to a nondisclosure
requirement accompanying an order or directive under this Act
or a national security letter may, with respect to such
order, directive, or national security letter, publicly
report the following information using 1 of the following
structures:
``(1) A semiannual report that aggregates the number of
orders or national security letters with which the person was
required to comply in the following separate categories:
``(A) The number of national security letters received,
reported in bands of 1000 starting with 0-999.
``(B) The number of customer accounts affected by national
security letters, reported in bands of 1000 starting with 0-
999.
``(C) The number of orders under this Act for contents,
reported in bands of 1000 starting with 0-999.
``(D) With respect to contents orders under this Act, in
bands of 1000 starting with 0-999, the number of customer
selectors targeted under such orders.
``(E) The number of orders under this Act for noncontents,
reported in bands of 1000 starting with 0-999.
``(F) With respect to noncontents orders under this Act, in
bands of 1000 starting with 0-999, the number of customer
selectors targeted under orders under--
``(i) title IV;
``(ii) title V with respect to applications described in
section 501(b)(2)(B); and
``(iii) title V with respect to applications described in
section 501(b)(2)(C).
``(2) A semiannual report that aggregates the number of
orders, directives, or national security letters with which
the person was required to comply in the following separate
categories:
``(A) The total number of all national security process
received, including all national security letters and orders
or directives under this Act, combined, reported in bands of
0-249 and thereafter in bands of 250.
``(B) The total number of customer selectors targeted under
all national security process received, including all
national security letters and orders or directives under this
Act, combined, reported in bands of 0-249 and thereafter in
bands of 250.
``(3) A semiannual report that aggregates the number of
orders or national security letters with which the person was
required to comply in the following separate categories:
``(A) The number of national security letters received,
reported in bands of 500 starting with 0-499.
``(B) The number of customer accounts affected by national
security letters, reported in bands of 500 starting with 0-
499.
``(C) The number of orders under this Act for contents,
reported in bands of 500 starting with 0-499.
``(D) The number of customer selectors targeted under such
orders, reported in bands of 500 starting with 0-499.
``(E) The number of orders under this Act for noncontents,
reported in bands of 500 starting with 0-499.
``(F) The number of customer selectors targeted under such
orders, reported in bands of 500 starting with 0-499.
``(4) An annual report that aggregates the number of
orders, directives, and national security letters the person
was required to comply with in the following separate
categories:
``(A) The total number of all national security process
received, including all national security letters and orders
or directives under this Act, combined, reported in bands of
0-100 and thereafter in bands of 100.
``(B) The total number of customer selectors targeted under
all national security process received, including all
national security letters and orders or directives under this
Act, combined, reported in bands of 0-100 and thereafter in
bands of 100.
``(b) Period of Time Covered by Reports.--
``(1) A report described in paragraph (1) or (3) of
subsection (a)--
``(A) may be published every 180 days;
``(B) subject to subparagraph (C), shall include--
``(i) with respect to information relating to national
security letters, information relating to the previous 180
days; and
``(ii) with respect to information relating to authorities
under this Act, except as provided in subparagraph (C),
information relating to the time period--
``(I) ending on the date that is not less than 180 days
before the date on which the information is publicly
reported; and
``(II) beginning on the date that is 180 days before the
date described in subclause (I); and
``(C) for a person that has received an order or directive
under this Act with respect to a platform, product, or
service for which a person did not previously receive such an
order or directive (not including an enhancement to or
iteration of an existing publicly available platform,
product, or service)--
``(i) shall not include any information relating to such
new order or directive until 540 days after the date on which
such new order or directive is received; and
``(ii) for a report published on or after the date on which
the 540-day waiting period expires, shall include information
relating to such new order or directive reported pursuant to
subparagraph (B)(ii).
``(2) A report described in paragraph (2) of subsection (a)
may be published every 180 days and shall include information
relating to the previous 180 days.
``(3) A report described in paragraph (4) of subsection (a)
may be published annually and shall include information
relating to the time period--
``(A) ending on the date that is not less than 1 year
before the date on which the information is publicly
reported; and
``(B) beginning on the date that is 1 year before the date
described in subparagraph (A).
``(c) Other Forms of Agreed to Publication.--Nothing in
this section prohibits the Government and any person from
jointly agreeing to the publication of information referred
to in this subsection in a time, form, or manner other than
as described in this section.
``(d) Definitions.--In this section:
``(1) Contents.--The term `contents' has the meaning given
that term under section 2510 of title 18, United States Code.
``(2) National security letter.--The term `national
security letter' has the meaning given that term under
section 603.''.
(b) Table of Contents Amendment.--The table of contents, as
amended by sections 402 and 602 of this Act, is further
amended by inserting after the item relating to section 603,
as added by section 602 of this Act, the following new item:
``Sec. 604. Public reporting by persons subject to orders.''.
SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND
OPINIONS OF THE FOREIGN INTELLIGENCE
SURVEILLANCE COURT AND THE FOREIGN INTELLIGENCE
SURVEILLANCE COURT OF REVIEW.
Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read
as follows:
``(1) not later than 45 days after the date on which the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review issues a decision,
order, or opinion, including any denial or modification of an
application under this Act, that includes significant
construction or interpretation of any provision of law or
results in a change of application of any provision of this
Act or a novel application of any provision of this Act, a
copy of such decision, order, or opinion and any pleadings,
applications, or memoranda of law associated with such
decision, order, or opinion; and''.
SEC. 605. SUBMISSION OF REPORTS UNDER FISA.
(a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C.
1808(a)(1)) is amended by
[[Page S5065]]
striking ``the House Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence,
and the Committee on the Judiciary of the Senate,'' and
inserting ``the Permanent Select Committee on Intelligence
and the Committee on the Judiciary of the House of
Representatives and the Select Committee on Intelligence and
the Committee on the Judiciary of the Senate''.
(b) Physical Searches.--The matter preceding paragraph (1)
of section 306 (50 U.S.C. 1826) is amended--
(1) in the first sentence, by striking ``Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate, and the
Committee on the Judiciary of the Senate,'' and inserting
``Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives
and the Select Committee on Intelligence and the Committee on
the Judiciary of the Senate''; and
(2) in the second sentence, by striking ``and the Committee
on the Judiciary of the House of Representatives''.
(c) Pen Registers and Trap and Trace Devices.--Section
406(b) (50 U.S.C. 1846(b)) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
``(4) each department or agency on behalf of which the
Attorney General or a designated attorney for the Government
has made an application for an order authorizing or approving
the installation and use of a pen register or trap and trace
device under this title; and
``(5) for each department or agency described in paragraph
(4), each number described in paragraphs (1), (2), and
(3).''.
(d) Access to Certain Business Records and Other Tangible
Things.--Section 502(a) (50 U.S.C. 1862(a)) is amended by
striking ``Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence and the Committee on the Judiciary of the
Senate'' and inserting ``Permanent Select Committee on
Intelligence and the Committee on the Judiciary of the House
of Representatives and the Select Committee on Intelligence
and the Committee on the Judiciary of the Senate''.
TITLE VII--SUNSETS
SEC. 701. SUNSETS.
(a) USA PATRIOT Improvement and Reauthorization Act of
2005.--Section 102(b)(1) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended
by striking ``June 1, 2015'' and inserting ``December 31,
2017''.
(b) Intelligence Reform and Terrorism Prevention Act of
2004.--Section 6001(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is
amended by striking ``June 1, 2015'' and inserting ``December
31, 2017''.
Mr. LEE. First, I thank my distinguished colleague, the senior
Senator from Vermont, for his leadership on this issue. I am pleased to
join him as a cosponsor of this legislation. As the lead cosponsor of
this bill, I attest to the fact that this is an issue that is neither
Republican nor Democratic, it is neither liberal nor conservative, it
is simply American.
It is a fundamental concept of liberty that we have to control the
government. The government and the immense power of government has
expanded over time with advances in technology. Our country certainly
has changed to an enormous degree over the centuries since James
Madison penned our Bill of Rights. But the protection of liberty
afforded by the Fourth Amendment has only become more important, not
less important, as the government's ability to collect information has
advanced.
This legislation, which has broad-based bipartisan support, is
absolutely necessary. It can be implemented in a way that will still
allow the government to protect us. It will also protect us from the
risk of overreach by the government.
We have to remember it is not just the government that we have in
place today, even if we assume, for purposes of this discussion, that
everyone who works for the government, every government agent who
participates in the collection of this information is doing what is
right. We can't always assume that will be the case in the future.
I see my time has expired. I once again thank my colleague, the
senior Senator from Vermont, Mr. Leahy, for his sponsorship of this
legislation. I urge my colleagues to join us in this effort.
Mr. FRANKEN. Mr. President, I rise to talk about the transparency
provisions in the USA FREEDOM Act. I am a proud cosponsor of Chairman
Leahy's bill, and I am particularly proud to have written the key
transparency provisions with my friend Senator Dean Heller of Nevada.
Senator Lee is right. This is not a Republican bill or a Democratic
bill. This isn't a Republican issue or a Democratic issue. I thank
Senator Lee for his leadership. Of course, we are all indebted to
Senator Leahy for his leadership on this issue.
Because of time constraints, I am not going to be able to give the
speech I wanted to, so I will try to ask for time for tomorrow. I know
today's floor is very busy.
I wish to say it is very important that there is enough transparency
in our NSA surveillance that Americans can judge for themselves if we
are striking the right balance between national security and our civil
liberties.
Mr. HELLER. Mr. President, today my colleague Senator Leahy, the
chairman of the Judiciary Committee, introduced legislation that would
amend the PATRIOT Act. This new legislation reflects a bicameral and
bipartisan compromise that ends the bulk data collection practices
currently being used. It also gives our intelligence officials specific
rules to follow so they can keep the operational capabilities necessary
to protect the United States from a terrorist attack without
compromising the Fourth Amendment to the Constitution. I thank Senator
Leahy for his work, and I am grateful for his partnership.
This important step is necessary for restoring Americans' privacy
rights which were taken by a well-intended but overreaching Federal
Government in the wake of the 9/11 terrorist attacks.
The expanded authority given to the National Security Agency through
executive action and the PATRIOT Act was intended to prevent another
attack on America. While I was not a Member of Congress on 9/11, I
shared the horror all Nevadans felt watching the murder of thousands of
innocent Americans, and the profound sadness as buildings in New York
and Washington, DC, sat smoldering. I understand as well as anyone here
the reason behind the actions our Nation's leaders took to ensure that
another attack on America never materialized, and why our leaders felt
that no limits should be imposed. No matter what the cost, Americans
had to be protected against another attack.
Viewing the situation from that lens, it is easy to understand how
the Fourth Amendment was brushed aside as the Senate expanded law
enforcement surveillance capabilities with just one dissenting vote.
The Federal Bureau of Investigation then used section 215 of the
PATRIOT Act to expand the scope of surveillance far beyond even what
some of the authors believed they were authorizing. The FBI argued that
section 215 provided authority to collect phone data of law-abiding
citizens without their knowledge. Specifically, they could use the
business records provision to force phone companies to turn over
millions of telephone calls when there is a reasonable ground or
relevance to believe that the information sought is relevant to an
authorized investigation of international terrorism.
As a result, we now have a bulk collection program in existence where
telephone companies hand over millions of records to the NSA as part of
a massive pre-collection database.
As someone who voted against the PATRIOT Act time and time again, I
believe such data collection practices are a massive intrusion of our
privacy, which is why I partnered with the senior Senator from Vermont
to end these programs. Our legislation tightens the definitions of
``specific selection term'' for section 215 of the PATRIOT Act and FISA
pen register trap-and-trace devices so that the information requested
is limited to specifically identifying a person, account, address, or a
personal device.
With this legislation, bulk collection will be eliminated and the
records will stay with the telephone companies. The massive information
grabs from the Federal Government based on geography or email service
will no longer be permissible. And of the information that is
collected, the legislation imposes new restrictions on its use and
retention. These reforms will help shift the balance of privacy away
from the Federal Government and back to the American people.
I am proud that this bill also includes the Franken-Heller
Surveillance
[[Page S5066]]
Transparency Act of 2013. I was pleased to join Senator Franken on this
legislation because, at the very least, Americans deserve to know the
number of people whose information is housed by the NSA. For the first
time in American history, the government is forced to disclose to the
American people roughly how many of them have had their communications
collected.
Our provision calls for reports by the Director of National
Intelligence detailing the requests for information authorized under
the PATRIOT Act and the FISA Amendments Act. The reports would specify
the total number of people whose information has been collected under
these programs and how many people living in the United States have had
their information collected. They would also permit the intelligence
community to report on how many Americans actually had their
information looked at by the NSA or any other intelligence agencies.
Furthermore, these provisions would allow telephone and Internet
companies to tell consumers basic information regarding FISA court
orders they receive and the number of users whose information is turned
over.
The principles outlined in this bill to increase transparency for
Americans and private companies would clear up a tremendous amount of
confusion that exists within the programs. And our private companies
need the added disclosure. The Information Technology & Innovation
Foundation estimates that American cloud computing companies could lose
$22 billion to $35 billion in the next 3 years because of concerns
about their involvement with surveillance programs. The analytics firm
Forrester put potential losses much higher, at $180 billion.
I want to be clear: I share the concerns of all Americans that we
must protect ourselves against threats to the homeland. I believe
terrorism is very real and the United States is the target of those
looking to undermine the freedoms we hold as the core of our national
identity. If the bulk collection programs in existence were bearing so
much information to protect the homeland, it would change my opinion on
the need for the USA Freedom Act. However, the bulk collection program
has simply not provided the tangible results that justify a privacy
intrusion of this level. We know this because on October 2, 2013, the
chairman of the Senate Judiciary Committee, Senator Leahy, asked NSA
Director Keith Alexander the following question:
At our last hearing, deputy director Inglis stated that
there's only really one example of a case where, but for the
use of Section 215 bulk phone records collection, terrorist
activity was stopped. Was Mr. Inglis right?
To which Director Alexander responded:
He's right. I believe he said two, Chairman.
Congress has authorized the collection of millions of law-abiding
citizens' telephone metadata for years and it has only solved two
ongoing FBI investigations. Of those two investigations, the NSA has
publicly identified one. In fact, that case could have easily been
handled by obtaining a warrant and going to the telephone company. It
is the case of an individual in San Diego who was convicted of sending
$8,500 to Somalia in support of al-Shabaab, the terrorist organization
claiming responsibility for the Kenyan mall attack. The American phone
records allowed the NSA to determine that a U.S. phone was used to
contact an individual associated with this terrorist organization. I am
appreciative that the NSA was able to apprehend this individual, but it
does not provide overwhelming evidence that this program is necessary.
The Obama administration has come to the same conclusion and so has the
intelligence community.
The operational capabilities the intelligence community relies on to
conduct their mission to keep us safe will not be impacted by the USA
FREEDOM Act. If it were, the Intelligence Community and the
administration would not have brokered this compromise legislation.
Ending the bulk collection programs and giving Americans more
transparency so they can determine for themselves whether they believe
these programs should exist is an obligation we have to all of our
constituents.
We have a bill introduced today that would give our law enforcement
authorities the tools they need to keep us safe and also stay true to
the Fourth Amendment. I encourage my colleagues to support these
important reforms and I hope it can quickly be considered by this
Chamber.
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